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HomeMy WebLinkAboutItem V(G) Approval and Authorization for Intent to Annex for Water Service; and Authorization for Mayor and Acting City Clerk to Execute Annexation Agreement Agenda os/17/04 Item V.G. center of Good-,, CITY OF OCOEE AGENDA ITEM COVER SHEET Date: August 9, 2004 Meeting Date: August 17, 2004 Subject: Intent to Annex for Water Service Issue: The City has been approached by four property owners for water service. Because the properties are not contiguous to properties already annexed into the City,these agreements are Intents to Annex for Water Service. Recommendation: The Public Works-Engineering Staff recommends that the Mayor and City Commission approve the Intent to Annex request by the four property owners and direct the Mayor and City Clerk to execute the Annexation Agreements and direct staff to proceed with the process to provide these properties with City water service. Background Summary: Those four properties and their respective owners are: 1)Arild and Susan Johansen at 122 11th Street; 2)Manuel Novoa at 1527 Clarcona-Ocoee Road; 3)Jeffery and Jessica Cockcroft at 1451 Clarcona-Ocoee Road; and 4) Christopher and Donna Metherall at 420 First Street. With the exception of the Johansen property all of the other properties are served by wells. Each of these owners has agreed to annex into the City when their property is annexable. Fiscal Impacts: Each property owner is paying the City's capital charge for water service and the costs associated with each connection. Commission Action: Mt/ Reviewed by City Manager Reviewed by City Attorney 11 _ x_0 ,�' ' r N/A Reviewed by Finance )( N/A Reviewed by X N/A Staff Reports on Intent to Annex Page 1 of 1 Wheeler, David From: Henning, Judith [JHenning@foley.com] Sent: Tuesday,August 10, 2004 11:00 AM To: Wheeler, David; Washington, Jeanne; Storey, Edward Cc: Rosenthal, Paul Subject: Staff Reports on Intent to Annex David: I have reviewed the various staff reports regarding the intent to annex for water service. I have no comments on the staff reports and they meet my approval. Paul Rosenthal PGS. Z E. Foley& Lardner LLP-Orlando Office prosenthal @foley.com Phone: 407-244-3248 IMPORTANT NOTICE: The preceding message may be confidential or protected by the attorney-client privilege. It is not intended for transmission to, or receipt by, any unauthorized persons. If you believe that it has been sent to you in error, do not read it. Please reply to the sender that you have received the message in error. Then destroy it. Thank you. 8/10/2004 Mayor center of Good rviCommissioners S. Scott Vandergrift �r Danny Howell, District 1 Scott Anderson, District 2 City Manager - Rusty Johnson, District 3 Robert D. Frank - _ Nancy J. Parker, District 4 STAFF REPORT TO: The Honorable Mayor and City Commissioners FROM: David A. Wheeler,P.E. Al Director of Public Works DATE: August 9, 2004 RE: Christopher and Donna Metherall 420 First Street Intent to Annex for Water Service ISSUE Staff requests that the Mayor and City Commission approve and execute the Intent to Annex Agreement with Christopher and Donna Metherall to provide water service to their property. BACKGROUND/DISCUSSION The Metheralls, who resides at 420 First Street, approached the City for utility service. The property currently has a well for water service. Attached please find a copy of the Intent to Annex agreement for the Metheralls. The property is currently within unincorporated Orange County and is not contiguous to the City Limits. However the property is inside the City's WA boundary, Water & Sewer Territorial Boundary, and City Limits. See attached map from City's GIS Department. Therefore, this is just an Intent to Annex for Water Service at this time. There is a 6" water main along the west side of First Street that could be tapped for water service. There are no sewer facilities in the area to even consider sanitary sewer service. There is available capacity in the potable water system for this one additional residential customer. The City's requirement about annexation/intent to annex to be able to provide service and the differences between resident service and non-resident service were discussed with the Metheralls. The City's fee requirements for an Intent to Annex application approval are provided below: • Application Processing and Recording Fee of$100 • Water Impact Fee of$1,139.88 ($966 plus an 18% surcharge for non-residents) • Connection fee of$500 • Water deposit of$60 (refundable after two years of prompt payments) • Utility rates for water and/or sewer per the attached rate sheet (cost of service base rate plus consumption charge times 18% surcharge for non-residents) • The stormwater drainage and solid waste rates would not apply until the annexation process is complete Upon annexation, the utility rates would reduce to city resident charges. Also, should the property become contiguous to the City Limits and the Metheralls decide to not proceed with the annexation of their property, the City has the right to discontinue service until such time as annexation is completed. The procedure for obtaining water service was discussed with the Metheralls: Staff review the intent to annex application Submission to the DRC Committee for action If approved by DRC the application would be presented to the City Commission for action With approval of the City Commission, the Metheralls would fill out a customer application and pay the aforementioned fees City would issue a work order for the service line and meter installation, which would take approximately two weeks to schedule the work The Metheralls were advised that the City only provides service to the edge of the road right-of- way, the property line at the street. They will need to hire a plumber to do all necessary work from the house out to the street, which will require a permit from the Orange County Building Department. They will need to disconnect their well from the house connection; however they are encouraged to use their well for irrigation purposes. They will also be required to purchase and install a backflow prevention device to be installed on their side of the water meter, which will be inspected by Ocoee's backflow technician. The yearly inspection and maintenance of that backflow preventer is the Metherall's responsibility and must be documented to the City every year. The Development Review Committee approved the Intent to Annex for the property at 420 First Street at a meeting held on August 4, 2004. RECOMMENDATION The Public Works-Engineering Staff recommends that the Mayor and City Commission approve this Intent to Annex request for the Metheralls at 420 First Street and direct the Mayor and City Clerk to execute the Annexation Agreement and direct staff to proceed with the process to provide the Metheralls with City water service. Attachments: Map showing property Annexation Agreement cc: Mr. And Mrs. Metherall THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: Paul E. Rosenthal, Esq. FOLEY&LARDNER, LLP 111 North Orange Avenue, Suite 1800 Post Office Box 2193 Orlando, FL 32802-2193 (407)423-7656 AFTER RECORDING RETURN TO: Jean Grafton, City Clerk CITY OF OCOEE 150 North Lakeshore Drive Ocoee, Florida 34761 Tax Parcel Identification Number(s) 17-22-28-8420-02-070 ANNEXATION AGREEMENT [Water Service] THIS ANNEXATION AGREEMENT (the "Agreement") is made and entered into this_ day of 2004, by and between the CITY OF OCOEE, a Florida municipal corporation, whose mailing address is 150 N. Lakeshore Dr., Ocoee, Florida 34761 (the "City") and Christopher & Donna Metherall, whose mailing address is 420 First Street, Ocoee, Florida 34761 (the "Owner"). WITNESSETH: WHEREAS, the Owner owns certain real property located at 420 First Street, Ocoee, Florida 34761, Tax Parcel Identification Number 17-22-28-8420-02-070 as more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof (the "Property"); and WHEREAS, the Property is located within the City water territorial areas as set forth in the Territorial Agreements (as defined below); and WHEREAS, the Property is located within the Joint Planning Area as defined in Joint Planning Area Agreement dated February 11, 1994 between the City and Orange County as it may be amended from time to time (the "Joint Planning Area Agreement"), but the Property does not currently meet the statutory requirements for voluntary annexation under the provisions of Section 171.044, Florida Statutes; and WHEREAS, the Owner of the Property has requested, and the City has agreed, subject to the terms, conditions and limitations hereinafter set forth, that the City shall provide water service to the Property; and WHEREAS, in consideration of the City providing water service to the Property, the Owner desires to voluntarily petition the City to annex the Property pursuant to Section 171.044, 006.188179.1 Florida Statutes; provided, however, at this time the City cannot annex the Property because the Property does not currently meet the statutory requirements for voluntary annexation under the provisions of Section 171.044, Florida Statutes; and WHEREAS, the parties acknowledge and agree that this Agreement constitutes a petition for the voluntary annexation of the Property pursuant to Section 171.044, Florida Statutes; and WHEREAS, the Owner agrees that at the time the City makes a determination that the Property meets the statutory requirements for voluntary annexation under the provisions of Section 171.044, Florida Statutes, and upon the request of the City, the Owner shall execute all applications and documents required by the City, pay all applicable fees, costs and expenses, and provide all documentation required by Florida law, including, but not limited to, Section 171.044, Florida Statutes, necessary for the voluntary annexation of the Property. NOW, THEREFORE, in consideration of the premises and the mutual promises and agreements set forth herein and other good and valuable consideration the receipt of which is hereby acknowledged and intending to be legally bound hereby, the parties hereto do hereby agree as follows: SECTION 1. Recitals. The Recitals set forth above are true and correct and by this reference are incorporated herein as part of this Agreement. SECTION 2. Annexation. A. The Owner and the City acknowledge and agree that this Agreement constitutes a petition for the voluntary annexation of the Property pursuant to Section 171.044, Florida Statutes. The Owner and the City further acknowledge and agree that the petition cannot be processed at this time because the Property does not meet the statutory requirements for voluntary annexation under the provisions of Section 171.044, Florida Statutes. B. The City shall have the right, but not the obligation, to process the petition; provided, however, that the petition shall not be processed by the City unless and until a determination is made by the City, in its sole and absolute discretion, that the Property meets the statutory requirements for voluntary annexation under the provisions of Section 171.044, Florida Statutes, or such other provisions of the Florida Statutes as may then be applicable to voluntary annexations. Following such determination by the City and upon the written request of the City, the Owner shall within thirty (30) days of receipt of such written request from the City (i) execute all applications and documents required by the City at the time of such request in order to process the Owner's petition for voluntary annexation including, but not limited to, the Application for Annexation and Initial Rezoning Consistent with the Ocoee Comprehensive Plan and the Annexation and Initial Zoning Hold Harmless Agreement; (ii) pay all applicable fees, costs and expenses associated with the petition for voluntary annexation as required by the City; and (iii) provide all documentation required by Florida law, including, but not limited to, Section 177.044, Florida Statutes, for the voluntary annexation of the Property including, but not limited to, a metes and bounds legal description of the Property. Following the Owner's compliance with the foregoing, the City shall have the right, but not the 006.188179.1 -2- obligation, to process this petition for voluntary annexation without further action and/or request of the Owner. C. In the event the City determines, in its sole and absolute discretion, that the requested annexation is inconsistent with the Ocoee Comprehensive Plan, the Owner must apply for a Comprehensive Plan Amendment and pay the applicable development review fees in connection therewith. In the event the City determines, in its sole and absolute discretion, that a developer agreement is required in connection with the annexation, then the Owner must pay the applicable development review fees in connection therewith. The Owner shall pay such additional development review fees as may be required by the Code of the City of Ocoee in effect at the time of annexation. D. The Owner acknowledges and agrees that this Agreement does not in any way obligate or require the City to annex the Property or grant to the Owner any particular zoning which may be requested in connection with such annexation. E. The Owner acknowledges and agrees that any zoning granted to the Owner in connection with the Property shall be consistent with the terms and conditions of the Joint Planning Agreement as it may be amended from time to time. SECTION 3. Water Service. A. Subject to the terms, conditions and limitations set forth in this Agreement, the City agrees to provide water service to the Property upon compliance by the Owner with all applicable regulations of the City and the payment all fees, costs and expenses associated therewith. The Owner shall execute all developer agreements for water as required by the City in connection with the provision of water service to the Property. B. This Agreement does not in any way reserve any water capacity or guarantee the availability thereof. C. The Owner acknowledges and agrees that for so long as the Property is not located within the corporate limits of the City, the monthly rates and charges for water service as established by the City from time to time shall be charged at the same rate charged to consumers within the corporate limits of the City plus a surcharge equal to twenty percent (20%) of such monthly rates and charges for water service or such other surcharge as the City may impose from time to time. The Owner agrees to pay all such charges for water service and surcharges as required by the City. D. The Owner acknowledges and agrees that the Property is not located in the corporate limits of the City and that water capital charges as established by the City from time to time shall be charged at the same rate to consumers within the corporate limits of the City plus a surcharge equal to nineteen percent (19%) of such water capital charges or such other charges as the City may impose from time to time. The Owner agrees to pay all water capital charges and surcharges as required by the City. 006.188179.1 -3- SECTION 4. Agreement Runs with the Land. In consideration of the City providing water service to the Property, the Owner and the City acknowledge and agree that this Agreement is irrevocable and, further, this Agreement and all other rights and obligations of the parties hereunder are intended to and shall run with the Property, and shall bind, and inure to the benefit of, the parties hereunder and their respective successors in title. SECTION 5. Representations. A. The Owner hereby warrants and represents to the City that the Owner currently owns fee title to the Property and has full power and authority to enter into this Agreement and that the Property is free and clear of all liens and encumbrances [except for the lien of the mortgages referenced in the Joinder, Consent and Subordination attached hereto]. B. The City makes no representations or warranties with regard to this Agreement and reserves the right to process Owner's petition for voluntary annexation in its sole and absolute discretion. SECTION 6. Title Evidence and Survey. A. As a condition precedent to the execution of this Agreement by the City, the Owner shall provide title evidence, in a form and substance satisfactory to the City, showing the Owner as the owner of fee simple title to the Property. Such title evidence shall also show whether the Property is encumbered by a mortgage or otherwise. In the event the Property is encumbered, the Owner shall provide a Joinder, Consent and Subordination of all mortgagees to this Agreement prior to the execution of this Agreement by the City. B. Unless the Property is a platted lot as shown in the title evidence required above, as a condition precedent to the execution of this Agreement by the City, the Owner shall provide a survey in accordance with the minimum technical standards for land surveys set forth in Chapter 61G17-6, Florida Administrative Code. Such survey shall be consistent with the legal description of the Property set forth in Exhibit "A". SECTION 7. Notices. Any notice required to be given hereunder shall be in writing and shall be delivered in person or by certified mail, postage paid, return receipt requested as follows. If such notice is to be given to the City, such shall be given at the address set forth above. If such notice is to be given to the Owner, such shall be given at the address shown in the tax collector's records for the Tax Parcel Identification Number set forth above. Any notice, direction or other communication delivered or mailed, as directed above shall be deemed to be delivered as of three (3) days after the date of mailing or, if delivered personally, when received. SECTION 8. Defaults and Remedies. IN THE EVENT THE OWNER FAILS TO COMPLY WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND SUCH FAILURE CONTINUES FOR THIRTY (30) DAYS AFTER WRITTEN NOTICE FROM THE CITY, THE CITY MAY DISCONNECT AND TERMINATE ANY WATER SERVICE PROVIDED TO THE PROPERTY. THE OWNER HEREBY CONSENTS TO SUCH DISCONNECTION AND TERMINATION OF WATER SERVICE 006.188179.1 -4- AND EXPRESSLY WAIVES ANY CLAIMS BASED UPON THE DISCONNECTION AND TERMINATION OF SUCH WATER SERVICE BY THE CITY. OWNER'S INITIALS: SECTION 9. Indemnification. A. The Owner hereby agrees to indemnify and save the City harmless from and against all losses, costs, expenses, claims, damages, judgments, liabilities and causes of action whatsoever (collectively, "Claims") including reasonable attorneys' fees and paralegal fees both at trial and at appellate levels, arising out of or alleged to have arisen out of this Agreement or been occasioned, in whole or in part, by the exercise of the City of its rights granted hereunder. The Owner shall use its best efforts to promptly notify the City in writing of any Claim and shall provide the City with information regarding the Claim as the City may reasonably request, but the failure to give such notice or provide such information shall not diminish the Owner's obligations under this Section. B. No Claim whatsoever shall be made or asserted against the City by the Owner for or on account of anything done or as a result of anything done or omitted to be done in connection with this Agreement. SECTION 10. Recording. The Owner acknowledges and agrees that the City shall record this Agreement in the Public Records of Orange County, Florida, and the Owner agrees to pay all costs associated therewith. SECTION 11. Territorial Agreements. The references herein to the Territorial Agreements refer to (i) the Orange County/City of Ocoee Service Territorial Agreement (Contract No. S-87-8), dated June 8, 1987, as amended by the First Amendment thereto dated February 11, 1994, as it may be amended from time to time, and (ii) the Orange County/City of Ocoee Water Service Territorial Agreement (Contract No. W-88-06), dated November 14, 1988, as amended February 11, 1994, as it may be amended from time to time. SECTION 12. Real Property Taxes for Conveyance. In the event of any conveyance of real property by the Owner to the City, real property taxes in connection with the conveyance shall be prorated as of the day before the acceptance of the conveyance by the City and the prorated amount shall be paid by the Owner and shall be escrowed in accordance with the provisions of Section 196.295, Florida Statutes. SECTION 13. Miscellaneous. A. ANY FUTURE OWNERS OF THE PROPERTY SHALL TAKE TITLE TO THE PROPERTY SUBJECT TO THIS AGREEMENT AND BY ACCEPTING A DEED OF CONVEYANCE TO THE PROPERTY, AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. 006.188179.1 -5- B. The Property shall be deemed a single parcel and any subparcels of the Property which are created by subdivision or by any other means shall be subject to the terms and conditions of this Agreement, subsequent sale and individual ownership notwithstanding. C. This Agreement may not be modified or amended, or any term or provision hereof waived or discharged except in writing, in recordable form, signed by the parties hereto, or their respective successors and assigns. Any such modification or amendment shall not be effective until recorded in the Public Records of Orange County, Florida. D. This Agreement shall be construed and enforced in accordance with, and governed by, the laws of the State of Florida. E. All of the terms of this Agreement, whether so expressed or not, shall be binding upon the respective successors, assigns and legal representatives of the parties hereto and shall inure to the benefit of and be enforceable by the parties hereto and their respective successors, assigns and legal representatives. F. The headings of this Agreement are for reference only and shall not limit or otherwise affect the meaning thereof. G. In the event the either party institutes a legal proceeding against the other party, to enforce the terms of this Agreement or for breach of any of the terms, conditions or covenants of this Agreement, the prevailing party shall be entitled to recover from the other party its reasonable attorney's fees, paralegal fees and costs, both at the trial and appellate levels. H. In the event a third party institutes a legal proceeding against the City and/or the Owner, regarding the enforceability of this Agreement or any other matters arising out of or related to this Agreement, the annexation of the Property or the provision of water service, then in such event the Owner shall pay all costs, fees, charges, and expenses of the City relative thereto, including but not limited to attorney's fees and paralegal fees at both the trial and appellate levels. I. In addition to each and every remedy now or hereafter existing at law or in equity, the parties hereto expressly agree that City shall have the right to enforce this Agreement by an action for specific performance. J. As from time to time requested by the City, the Owner agrees to execute such additional documents as may be necessary in order to effectuate the provisions of this Agreement. K. This Agreement embodies and constitutes the entire understandings of the parties with respect to the subject matter hereof and all prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement. 006.188179.1 -6- L. The attached Exhibits are part of this Agreement as though fully set forth in this Agreement. IN WITNESS WHEREOF, the City has caused this Agreement to be executed as of the day and year first written above. Signed, sealed and delivered "CITY" in the presence of: CITY OF OCOEE, a Florida municipal corporation Signature By: Print/Type Name S. Scott Vandergrift, Mayor Attest: Jean Grafton, City Clerk Signature (SEAL) Print/Type Name FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA. COMMISSION AT A MEETING APPROVED AS TO FORM AND HELD ON , 2004. LEGAiLITY A ‘Al., UNDER AGENDA ITEM NO. this day of I N , 2004. FOLEY LLP By: City Attorney STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared S. SCOTT VANDERGRIF ' and JEAN GRAFTON, personally known to me to be the Mayor and City Clerk, respectively, of the CITY OF OCOEE, a Florida municipal corporation, and that they severally acknowledged executing the same on behalf of said municipality in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said municipality. 006.188179.1 -7- WITNESS my hand and official seal in the County and State last aforesaid this day of , 2004. 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): 006.188179.1 -8- [EXECUTION PAGE FOR INDIVIDUAL OWNER] WITNEWHEREOF, the wner has caused this Agreement to be duly executed the day of , 200. Signed, sealed and delivered in the presence of: "OWNER" , J drifr, "1 , y /f signature / 011 All e_odc t/Type Name . },Addifj Signature ,teS', Etdbi7 Print/Type Name STATE OF -1—itvl GIC COUNTY OF_e:Xikny, I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared Chvtaapher Nlti-G,eizuu , who [ ] is personally known to me or [ ] produced fLDvlda D vi refs lis identification, and that ✓ he acknowledged executing the foregoing instrument for the purposes and uses therein described. WITNESS my hand and official seal in the County and State last aforesaid this f day of J1,0U , 2004. (tt:birAditjY)L Signature of o so"'•ti, HOLLY AYCOCK 47 ,4, ";. MY COMMISSIQN 4 DO 324184 int`o` s e« EXPIRE tors i NMay 27,2008 ame of Notary (Typed, Printed or Stamped) Commission Number(if not legible on seal): My Commission Expires (if not legible on seal): 006.188179.1 -10- 10-JUN-04 THU 10:56 AM FPIS FAX NO. 4078776629 P, 02 ,TUB, CONS) NT AND SCIBORI)INATYON The undersigned hereby certifies es that BANK OF AMERICA,N.A. is the holder of a mortgage, lien or other encumbrance upon the above described property, and that the undersigned hereby joins in and consents to the foregoing instrument by the owner thereof and agrees that its mortgage, lien or other encumbrance, which is recorded in Official Records Book (p 5019 , Page 590, in the original sum of$ /80,Com— , of the Public Records of Orange County of Florida, shall be subordinated to the foregoing instrument. . Signed, sealed and delivered BANK OF AMERICA,NA. in the presence of: 11. ,...r ,L/ k,er • By: Print N. •: Print Name: Jacqueline M.Panaro Assistant Vice president '--� Its: Print Name: m (CORPORATE SEAL) STATE OF0 COUNTY OF ri Q 4Petif THIS IS TO CERTIFY, that on this a day of t99-', before me, an officer duly authorized to take acknowledgements in the State and County aforesaid,personally appeared Jacqueline M. Panama �i _RICA, - Aesistanritice Pre'sidem of BANK(� . AiI� r who H 1 is personally known to me or ( 7 produced r -Gr as identification, and that who acknowledged that S he as the individual described in and who executed the foregoing instrument and acknowledged the execution thereof to be his/her free act and deed as such officer thereunto duly authorized, that the official seal of said corporation is duly affixed thereto. IN WITNESS WHEREOF, I have hereunto set my hand and seal on the above date. KRISTEN NIETHE Notary Public,State of New York Qualified in Niagara County NOTARY PUBLIC Reg.No.01N15000387 `I My Commission Expires 6.4•07. Name: kiS tired& My Commission expires: 6-16-D7 EXHIBIT "A" LEGAL DESCRIPTION SUNNY SLOPES U/99 LOT 7 BLK B 3923/1944 & OR B&P 5117/2197, ON 09-06-96, INST QC OR B&P 6071/4509, ON 07-28,00, INST WD 006.188179.1 -14- L / i l I I 1 . ' II 0 CANTER 5T I I y II I - IU) FU) Q No I i IF- o NAY AV "' I I2 F,4• s 420 1 /f > `C� 1I I I I l i l �p 1 # , LI 9 * , # K�ric'''C' ' ,...i.'7,* ft, i ft .•1,‘ C'°' I` 4 I Ocoee City Limits Unincorporated Territory / I Mayorire septet of Good L, Commissioners S. Scott Vandergrift ir4 „ Danny Howell, District 1 "— Scott Anderson, District 2 City Manager _ Rusty Johnson, District 3 Robert D. Frank y Nancy J. Parker, District 4 STAFF REPORT TO: The Honorable Mayor and City Commissioners FROM: David A. Wheeler,P.E.04(4 Director of Public Works DATE: August 9, 2004 RE: Arild and Susan Johansen 122 11th Street Intent to Annex for Water Service ISSUE Staff requests that the Mayor and City Commission approve and execute the Intent to Annex Agreement with Arild and Susan Johansen to provide water service to their property. BACKGROUND/DISCUSSION The Johansens, who own property at 122 11th Avenue, approached the City for utility service. The property currently is undeveloped and has no water service. Attached please find a copy of the Intent to Annex agreement for the Johansens. The property is currently within unincorporated Orange County and is not contiguous to the City Limits. However the property is inside the City's JPA boundary, Water & Sewer Territorial Boundary, and City Limits. See attached map from City's GIS Department. Therefore, this is just an Intent to Annex for Water Service at this time. There is a 12" water main along the north side of 11th Avenue that could be tapped for water service. There are no service lines extended under the road in the area of their residence; therefore a service line will be required for service. There are no sewer facilities in the area to even consider sanitary sewer service. There is available capacity in the potable water system for this one additional residential customer. The City's requirement about annexation/intent to annex to be able to provide service and the differences between resident service and non-resident service were discussed with the Johansens. The City's fee requirements for an Intent to Annex application approval are provided below: • Application Processing and Recording Fee of$100 • Water Impact Fee of$1,139.88 ($966 plus an 18%surcharge for non-residents) • Connection fee of $500 plus the cost for directional drill install of service line under 11th Street(cost to be determined after City Commission action) • Water deposit of$60 (refundable after two years of prompt payments) • Utility rates for water and/or sewer per the attached rate sheet (cost of service base rate plus consumption charge times 18%surcharge for non-residents) • The stormwater drainage and solid waste rates would not apply until the annexation process is complete Upon annexation, the utility rates would reduce to city resident charges. Also, should the property become contiguous to the City Limits and the Johansens decide to not proceed with the annexation of their property, the City has the right to discontinue service until such time as annexation is completed. The procedure for obtaining water service was discussed with the Johansens: Staff review the intent to annex application Submission to the DRC Committee for action If approved by DRC the application would be presented to the City Commission for action With approval of the City Commission the Johansens would fill out a customer application and pay the aforementioned fees City would issue a work order for the service line and meter installation,which would take approximately two weeks to schedule the work The Johansens were advised that the City only provides service to the edge of the road right-of- way, the property line at the street. They will need to hire a plumber to do all necessary work from the house out to the street, which will require a permit from the Orange County Building Department. They will need to disconnect their well from the house connection; however they are encouraged to use their well for irrigation purposes. They will also be required to purchase and install a backflow prevention device to be installed on their side of the water meter, which will be inspected by Ocoee's backflow technician. The yearly inspection and maintenance of that backflow preventer is the Johansen's responsibility and must be documented to the City every year. The Development Review Committee approved the Intent to Annex for the property at 11th Street at a meeting held on August 4, 2004. RECOMMENDATION The Public Works-Engineering Staff recommends that the Mayor and City Commission approve of this Intent to Annex request for Mr. And Mrs. Johansen at 122 11 Street and direct the Mayor and City Clerk to execute the Annexation Agreement and direct staff to proceed with the process to provide the Johansens with City water service. Attachments: Map showing property Annexation Agreement cc: Mr. &Mrs. Johansen THIS INSTRUMENT PREPARED BY ANI)SHOULD BE RETURNED TO: Paul E. Rosenthal, Esq. FOLEY& LARDNER, LLP 111 North Orange Avenue, Suite 1800 Post Office Box 2193 Orlando, FL 32802-2193 (407)423-7656 AFTER RECORDING RETURN TO: Jean Grafton, City Clerk CITY OF OCOEE 150 North Lakeshore Drive Ocoee, Florida 34761 Tax Parcel Identification Number(s) 08-22-2R-5960-18070 ANNEXATION AGREEMENT [Water Service] THIS ANNEXATION AGREEMENT (the "Agreement") is made and entered into this day of 2004, by and between the CITY OF OCOEE, a Florida municipal corporation, whose mailing address is 150 N. Lakeshore Dr., Ocoee, Florida 34761 (the "City") and Arild & Susan T._ Johansen, whose mailing address is R55 Cumberland Circle, Clermont, Florida 34711 (the "Owner"). WITNESSETH: WHEREAS, the Owner owns certain real property located at 122 11th Avenue, Ocoee, Florida 34761, Tax Parcel Identification Number 0R-22-2R-5960-18020 as more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof (the "Property"); and WHEREAS, the Property is located within the City water territorial areas as set forth in the Territorial Agreements (as defined below); and WHEREAS, the Property is located within the Joint Planning Area as defined in Joint Planning Area Agreement dated February 11, 1994 between the City and Orange County as it may be amended from time to time (the "Joint Planning Area Agreement"), but the Property does not currently meet the statutory requirements for voluntary annexation under the provisions of Section 171.044, Florida Statutes; and WHEREAS, the Owner of the Property has requested, and the City has agreed, subject to the terms, conditions and limitations hereinafter set forth, that the City shall provide water service to the Property; and WHEREAS, in consideration of the City providing water service to the Property, the Owner desires to voluntarily petition the City to annex the Property pursuant to Section 171.044, 006.188179.1 Florida Statutes; provided, however, at this time the City cannot annex the Property because the Property does not currently meet the statutory requirements for voluntary annexation under the provisions of Section 171.044, Florida Statutes; and WHEREAS, the parties acknowledge and agree that this Agreement constitutes a petition for the voluntary annexation of the Property pursuant to Section 171.044, Florida Statutes; and WHEREAS, the Owner agrees that at the time the City makes a determination that the Property meets the statutory requirements for voluntary annexation under the provisions of Section 171.044, Florida Statutes, and upon the request of the City, the Owner shall execute all applications and documents required by the City, pay all applicable fees, costs and expenses, and provide all documentation required by Florida law, including, but not limited to, Section 171.044, Florida Statutes, necessary for the voluntary annexation of the Property. NOW, THEREFORE, in consideration of the premises and the mutual promises and agreements set forth herein and other good and valuable consideration the receipt of which is hereby acknowledged and intending to be legally bound hereby, the parties hereto do hereby agree as follows: SECTION 1. Recitals. The Recitals set forth above are true and correct and by this reference are incorporated herein as part of this Agreement. SECTION 2. Annexation. A. The Owner and the City acknowledge and agree that this Agreement constitutes a petition for the voluntary annexation of the Property pursuant to Section 171.044, Florida Statutes. The Owner and the City further acknowledge and agree that the petition cannot be processed at this time because the Property does not meet the statutory requirements for voluntary annexation under the provisions of Section 171.044, Florida Statutes. B. The City shall have the right, but not the obligation, to process the petition; provided, however, that the petition shall not be processed by the City unless and until a determination is made by the City, in its sole and absolute discretion, that the Property meets the statutory requirements for voluntary annexation under the provisions of Section 171.044, Florida Statutes, or such other provisions of the Florida Statutes as may then be applicable to voluntary annexations. Following such determination by the City and upon the written request of the City, the Owner shall within thirty (30) days of receipt of such written request from the City (i) execute all applications and documents required by the City at the time of such request in order to process the Owner's petition for voluntary annexation including, but not limited to, the Application for Annexation and Initial Rezoning Consistent with the Ocoee Comprehensive Plan and the Annexation and Initial Zoning Hold Harmless Agreement; (ii) pay all applicable fees, costs and expenses associated with the petition for voluntary annexation as required by the City; and (iii) provide all documentation required by Florida law, including, but not limited to, Section 177.044, Florida Statutes, for the voluntary annexation of the Property including, but not limited to, a metes and bounds legal description of the Property. Following the Owner's compliance with the foregoing, the City shall have the right, but not the 006.188179.1 -2- obligation, to process this petition for voluntary annexation without further action and/or request of the Owner. C. In the event the City determines, in its sole and absolute discretion, that the requested annexation is inconsistent with the Ocoee Comprehensive Plan, the Owner must apply for a Comprehensive Plan Amendment and pay the applicable development review fees in connection therewith. In the event the City determines, in its sole and absolute discretion, that a developer agreement is required in connection with the annexation, then the Owner must pay the applicable development review fees in connection therewith. The Owner shall pay such additional development review fees as may be required by the Code of the City of Ocoee in effect at the time of annexation. D. The Owner acknowledges and agrees that this Agreement does not in any way obligate or require the City to annex the Property or grant to the Owner any particular zoning which may be requested in connection with such annexation. E. The Owner acknowledges and agrees that any zoning granted to the Owner in connection with the Property shall be consistent with the terms and conditions of the Joint Planning Agreement as it may be amended from time to time. SECTION 3. Water Service. A. Subject to the terms, conditions and limitations set forth in this Agreement, the City agrees to provide water service to the Property upon compliance by the Owner with all applicable regulations of the City and the payment all fees, costs and expenses associated therewith. The Owner shall execute all developer agreements for water as required by the City in connection with the provision of water service to the Property. B. This Agreement does not in any way reserve any water capacity or guarantee the availability thereof. C. The Owner acknowledges and agrees that for so long as the Property is not located within the corporate limits of the City, the monthly rates and charges for water service as established by the City from time to time shall be charged at the same rate charged to consumers within the corporate limits of the City plus a surcharge equal to twenty percent (20%) of such monthly rates and charges for water service or such other surcharge as the City may impose from time to time. The Owner agrees to pay all such charges for water service and surcharges as required by the City. D. The Owner acknowledges and agrees that the Property is not located in the corporate limits of the City and that water capital charges as established by the City from time to time shall be charged at the same rate to consumers within the corporate limits of the City plus a surcharge equal to nineteen percent (19%) of such water capital charges or such other charges as the City may impose from time to time. The Owner agrees to pay all water capital charges and surcharges as required by the City. 006.188179.1 -3- SECTION 4. Agreement Runs with the Land. In consideration of the City providing water service to the Property, the Owner and the City acknowledge and agree that this Agreement is irrevocable and, further, this Agreement and all other rights and obligations of the parties hereunder are intended to and shall run with the Property, and shall bind, and inure to the benefit of, the parties hereunder and their respective successors in title. SECTION 5. Representations. A. The Owner hereby warrants and represents to the City that the Owner currently owns fee title to the Property and has full power and authority to enter into this Agreement and that the Property is free and clear of all liens and encumbrances [except for the lien of the mortgages referenced in the Joinder, Consent and Subordination attached hereto]. B. The City makes no representations or warranties with regard to this Agreement and reserves the right to process Owner's petition for voluntary annexation in its sole and absolute discretion. SECTION 6. Title Evidence and Survey. A. As a condition precedent to the execution of this Agreement by the City, the Owner shall provide title evidence, in a form and substance satisfactory to the City, showing the Owner as the owner of fee simple title to the Property. Such title evidence shall also show whether the Property is encumbered by a mortgage or otherwise. In the event the Property is encumbered, the Owner shall provide a Joinder, Consent and Subordination of all mortgagees to this Agreement prior to the execution of this Agreement by the City. B. Unless the Property is a platted lot as shown in the title evidence required above, as a condition precedent to the execution of this Agreement by the City, the Owner shall provide a survey in accordance with the minimum technical standards for land surveys set forth in Chapter 61G17-6, Florida Administrative Code. Such survey shall be consistent with the legal description of the Property set forth in Exhibit "A". SECTION 7. Notices. Any notice required to be given hereunder shall be in writing and shall be delivered in person or by certified mail, postage paid, return receipt requested as follows. If such notice is to be given to the City, such shall be given at the address set forth above. If such notice is to be given to the Owner, such shall be given at the address shown in the tax collector's records for the Tax Parcel Identification Number set forth above. Any notice, direction or other communication delivered or mailed, as directed above shall be deemed to be delivered as of three (3) days after the date of mailing or, if delivered personally, when received. SECTION 8. Defaults and Remedies. IN THE EVENT THE OWNER FAILS TO COMPLY WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND SUCH FAILURE CONTINUES FOR THIRTY (30) DAYS AFTER WRITTEN NOTICE FROM THE CITY, THE CITY MAY DISCONNECT AND TERMINATE ANY WATER SERVICE PROVIDED TO THE PROPERTY. THE OWNER HEREBY CONSENTS TO SUCH DISCONNECTION AND TERMINATION OF WATER SERVICE 006.188179.1 -4- AND EXPRESSLY WAIVES ANY CLAIMS BASED UPON THE DISCONNECTION AND TERMINATION OF SUCH 'AT- R SERVICE BY THE CITY. OWNER'S INITIALS:4! 1 SECTION 9. Indemnification. • A. The Owner hereby agrees to indemnify and save the City harmless from and against all losses, costs, expenses, claims, damages, judgments, liabilities and causes of action whatsoever (collectively, "Claims") including reasonable attorneys' fees and paralegal fees both at trial and at appellate levels, arising out of or alleged to have arisen out of this Agreement or been occasioned, in whole or in part, by the exercise of the City of its rights granted hereunder. The Owner shall use its best efforts to promptly notify the City in writing of any Claim and shall provide the City with information regarding the Claim as the City may reasonably request, but the failure to give such notice or provide such information shall not diminish the Owner's obligations under this Section. B. No Claim whatsoever shall be made or asserted against the City by the Owner for or on account of anything done or as a result of anything done or omitted to be done in connection with this Agreement. SECTION 10. Recording. The Owner acknowledges and agrees that the City shall record this Agreement in the Public Records of Orange County, Florida, and the Owner agrees to pay all costs associated therewith. SECTION 11. Territorial Agreements. The references herein to the Territorial Agreements refer to (i) the Orange County/City of Ocoee Service Territorial Agreement (Contract No. S-87-8), dated June 8, 1987, as amended by the First Amendment thereto dated February 11, 1994, as it may be amended from time to time, and (ii) the Orange County/City of Ocoee Water Service Territorial Agreement (Contract No. W-88-06), dated November 14, 1988, as amended February 11, 1994, as it may be amended from time to time. SECTION 12. Real Property Taxes for Conveyance. In the event of any conveyance of real property by the Owner to the City, real property taxes in connection with the conveyance shall be prorated as of the day before the acceptance of the conveyance by the City and the prorated amount shall be paid by the Owner and shall be escrowed in accordance with the provisions of Section 196.295, Florida Statutes. SECTION 13. Miscellaneous. A. ANY FUTURE OWNERS OF THE PROPERTY SHALL TAKE TITLE TO THE PROPERTY SUBJECT TO THIS AGREEMENT AND BY ACCEPTING A DEED OF CONVEYANCE TO THE PROPERTY, AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. 006.188179.1 -5- B. The Property shall be deemed a single parcel and any subparcels of the Property which are created by subdivision or by any other means shall be subject to the terms and conditions of this Agreement, subsequent sale and individual ownership notwithstanding. C. This Agreement may not be modified or amended, or any term or provision hereof waived or discharged except in writing, in recordable form, signed by the parties hereto, or their respective successors and assigns. Any such modification or amendment shall not be effective until recorded in the Public Records of Orange County, Florida. D. This Agreement shall be construed and enforced in accordance with, and governed by, the laws of the State of Florida. E. All of the terms of this Agreement, whether so expressed or not, shall be binding upon the respective successors, assigns and legal representatives of the parties hereto and shall inure to the benefit of and be enforceable by the parties hereto and their respective successors, assigns and legal representatives. F. The headings of this Agreement are for reference only and shall not limit or otherwise affect the meaning thereof. G. In the event the either party institutes a legal proceeding against the other party, to enforce the terms of this Agreement or for breach of any of the terms, conditions or covenants of this Agreement, the prevailing party shall be entitled to recover from the other party its reasonable attorney's fees, paralegal fees and costs, both at the trial and appellate levels. H. In the event a third party institutes a legal proceeding against the City and/or the Owner, regarding the enforceability of this Agreement or any other matters arising out of or related to this Agreement, the annexation of the Property or the provision of water service, then in such event the Owner shall pay all costs, fees, charges, and expenses of the City relative thereto, including but not limited to attorney's fees and paralegal fees at both the trial and appellate levels. I. In addition to each and every remedy now or hereafter existing at law or in equity, the parties hereto expressly agree that City shall have the right to enforce this Agreement by an action for specific performance. J. As from time to time requested by the City, the Owner agrees to execute such additional documents as may be necessary in order to effectuate the provisions of this Agreement. K. This Agreement embodies and constitutes the entire understandings of the parties with respect to the subject matter hereof and all prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement. • 006.188179.1 -6- L. The attached Exhibits are part of this Agreement as though fully set forth in this Agreement. IN WITNESS WHEREOF, the City has caused this Agreement to be executed as of the day and year first written above. Signed, sealed and delivered "CITY" in the presence of: CITY OF OCOEE, a Florida municipal corporation Signature By: Print/Type Name S. Scott Vandergrift, Mayor Attest: Jean Grafton, City Clerk Signature (SEAL) Print/Type Name FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA. COMMISSION AT A MEETING APPROVED AS TO FORM AND HELD ON , 2004. LEGALITY UNDER AGENDA ITEM NO. this 1--) day of (,�•J/i , 2004. FOLE L t ' , LL By: City Attorney STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared S. SCOTT VANDERGRIFT and JEAN GRAFTON, personally known to me to be the Mayor and City Clerk, respectively, of the CITY OF OCOEE, a Florida municipal corporation, and that they severally acknowledged executing the same on behalf of said municipality in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said municipality. 006.188179.1 -7- WITNESS my hand and official seal in the County and State last aforesaid this day of , 2004_ 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): 006.188179.1 -8- [EXECUTION PAGE FOR INDIVIDUAL OWNER] IN WITNESS WHEREOF, the Owner has caused this Agreement to be duly executed the day of c a , 20O4_. Signed, sealed and delivered in the presence of: "OWNER" jjltit,e?4 Signa / aaPlte Print/Type Name 8R(1)Yda- Qa_lko--C" ;ea, (01,. \5c Print/Type Name STATE OF COUNTY OF 111U > (= I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County Aforesaid to take acknowledgements, personally appeared 3 r , who [ ] is personally known to me or [1...4-ploduced L .3sacoc ssa as identification, and that he acknowledged executing the foregoing instrument for the purposes and uses therein described. WITNESS my hand and official seal in the County and State last aforesaid this g day of 2001. r OR3 BRENDA BRASHER Signature of Notary * MY COMMjj 0 297202 EXPIRES' 82008 4 ' eaanauna�, s Name of Notary (Typed, Printed or Stamped) Commission Number(if not legible on seal): My Commission Expires (if not legible on seal): 006.188179.1 -10- JOINDER, CONSENT AND SUBORDINATION The undersigned hereby certifies that C 0 �.�» t f Ka4c,ciy e is the holder of a mortgage, lien or other encumbrance upon the above described property, and that the undersigned hereby joins in and consents to the foregoing instrument by the owner thereof and agrees that its mortgage, lien or other encumbrance, which is recorded in Official Records Book (� O cf , Page 6 6'4 in the original sum of$ 2 7 017-0 , of the Public Records of Orange County of Florida, shall be subordinated to the foregoing instrument. Signed, sealed and delivered "OWNER" in the presence of: /. signa�,r /J _ !e J t t Print Name: /"/A, ��� Vo 0 -5 e✓ Print/Type Name Its: o. 1 1- c? 1 at Si2nature (CORPORATE SEAL) SVCZ47.*i Print/Type Name STATE O 1bfi COUNTY OFOQ A-'3 THIS IS TO CERTIFY, that on this day of a'l.,t , 2004, before me, an officer duly authorized to take acknowledgements in the Stake and County aforesaid, personally appeared h-',, a6k0 h,E,, , as Lj n ei{ of Sc C-Yh -_- 1 �{�� who [ ] is personally known to me or k) produced Abt.:400SSAgrai identification, and that who acknowledged that the as the individual desc d in and who executed the foregoing instrument e'.• and acknowledged the execution thereof to b: ser free act and deed as such officer thereunto duly authorized, that the official seal of said corporation is duly affixed thereto. IN WITNESS WHEREOF, I have hereunto set my hand an. eal on the above date. Ar ,,�,"., BRENDA BRASHER if„`' -� MY COMMISSION If DD 297202 NOTARY PUBLIC � EXPIRES:March 8,2008 Bonded Thr,Hwy Public unewwnai. —4,L370- My ,7370-My Commission expires: 006.188179.1 -13- EXHIBIT "A" I,EGAI, DESCRIPTION North Ocoee Addition No 2 0/69 Lots 2 BLK 18 & Beg 5 ft N of SE COR of Lot 3 run W 8 ft N 10 ft E 8 ft S 10 ft to POB BLK 18 OR B & P 6409/6692, on 12-05 01, INST QC. 006.188179.1 -14- ' 0 -II1 HARRIS RD I 0 re w � 0 w NORT 11 C 10TH Ad a z cc I 1 I 1 2 1T 1 I 1 7 1 I 1 I 1 ORrC0 i, 1 III 1! I 1 12TH AV I 1 1 I , A FrI ' > 1 NEW 4-, a ,, o 1 O f 1 II• I I k IQ I i of / ! ' I I 1 11 I lei I I I w I I lg 1 1 I ITTI. �zI I 1 . , , , , , I , � 1, r, , , I l , , I Ocoee City Limits 1 ' I iii I i I I 1 , 1 I Unincorporated Territory Mayor Center of Good Li Commissioners S. Scott Vandergrift t _ Danny Howell,District 1 Scott Anderson, District 2 City Manager Rusty Johnson,District 3 Robert D. Frank - T Nancy J. Parker, District 4 STAFF REPORT TO: The Honorable Mayor and City Commissioners FROM: David A. Wheeler,P.E. /Q Director of Public Works DATE: August 9, 2004 RE: Jeffery and Jessica Cockcroft 1451 Clarcona-Ocoee Road Intent to Annex for Water Service ISSUE Staff requests that the Mayor and City Commission approve and execute the Intent to Annex Agreement with Jeffery and Jessica Cockcroft to provide water service to their property. BACKGROUND/DISCUSSION The Cockcrofts, who reside at 1451 Clarcona-Ocoee Road, approached the City for utility service. The property currently has a well for water service. Attached please find a copy of the Intent to Annex agreement for the Cockcrofts. The property is currently within unincorporated Orange County and is not contiguous to the City Limits. However the property is inside the City's JPA boundary, Water & Sewer Territorial Boundary, and City Limits. See attached map from City's GIS Department. Therefore, this is just an Intent to Annex for Water Service at this time. There is a 12" water main along the west side of Clarcona-Ocoee Road that could be tapped for water service. There are no service lines extended under the road in the area of their residence; therefore a service line will be required for service. There are no sewer facilities in the area to even consider sanitary sewer service. There is available capacity in the potable water system for this one additional residential customer. The City's requirement about annexation/intent to annex to be able to provide service and the differences between resident service and non-resident service were discussed with the Cockcrofts. The City's fee requirements for an Intent to Annex application approval are provided below: • Application Processing and Recording Fee of$100 • Water Impact Fee of$1,139.88 ($966 plus an 18% surcharge for non-residents) • Connection fee of $500 plus the cost for directional drill install of service line under Clarcona-Ocoee Road(cost to be determined after City Commission action) • Water deposit of$60 (refundable after two years of prompt payments) • Utility rates for water and/or sewer per the attached rate sheet (cost of service base rate plus consumption charge times 18%surcharge for non-residents) • The stormwater drainage and solid waste rates would not apply until the annexation process is complete Upon annexation, the utility rates would reduce to city resident charges. Also, should the property become contiguous to the City Limits and the Cockcrofts decide to not proceed with the annexation of their property, the City has the right to discontinue service until such time as annexation is completed. The procedure for obtaining water service was discussed with the Cockcrofts: Staff review the intent to annex application Submission to the DRC Committee for action If approved by DRC the application would be presented to the City Commission for action With approval of the City Commission, the Cockcrofts would fill out a customer application and pay the aforementioned fees City would issue a work order for the service line and meter installation, which would take approximately two weeks to schedule the work The Cockcrofts was advised that the City only provides service to the edge of the road right-of- way, the property line at the street. They will need to hire a plumber to do all necessary work from the house out to the street, which will require a permit from the Orange County Building Department. They will need to disconnect their well from the house connection; however they are encouraged to use their well for irrigation purposes. They will also be required to purchase and install a backflow prevention device to be installed on their side of the water meter, which will be inspected by Ocoee's backflow technician. The yearly inspection and maintenance of that backflow preventer is the Cockcrofts's responsibility and must be documented to the City every year. The Development Review Committee approved the Intent to Annex for the property at 1451 Clarcona-Ocoee Road at a meeting held on August 4, 2004. RECOMMENDATION The Public Works-Engineering Staff recommends that the Mayor and City Commission approve of this Intent to Annex request for the Cockcrofts at 1451 Clarcona-Ocoee Road and direct the Mayor and City Clerk to execute the Annexation Agreement and direct staff to proceed with the process to provide the Cockcrofts with City water service. Attachments: Map showing property Annexation Agreement cc: Mr. And Mrs. Cockcroft THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: Paul E. Rosenthal, Esq. FOLEY &LARDNER, LLP 111 North Orange Avenue, Suite 1800 Post Office Box 2193 Orlando, FL 32802-2193 (407)423-7656 AFTER RECORDING RETURN TO: Jean Grafton, City Clerk CITY OF OCOEE 150 North Lakeshore Drive Ocoee, Florida 34761 Tax Parcel Identification Number(s)08-22-28-5960-13-090 ANNEXATION AGREEMENT [Water Service] THIS ANNEXATION AGREEMENT (the "Agreement") is made and entered into this_ day of 2004, by and between the CITY OF OCOEE, a Florida municipal corporation, whose mailing address is 150 N. Lakeshore Dr., Ocoee, Florida 34761 (the "City") and Jeffrey D. & Jessica L. Cockcroft, whose mailing address is 1451 Clarcona Ocoee Road, Ocoee, Florida 34761 (the "Owner"). WITNESSETH: WHEREAS, the Owner owns certain real property located at 1451 Clarcona Ocoee Road, Ocoee, Florida 34761, Tax Parcel Identification Number 08-22-28-5960-13-090 as more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof(the "Property"); and WHEREAS, the Property is located within the City water territorial areas as set forth in the Territorial Agreements (as defined below); and WHEREAS, the Property is located within the Joint Planning Area as defined in Joint Planning Area Agreement dated February 11, 1994 between the City and Orange County as it may be amended from time to time (the "Joint Planning Area Agreement"), but the Property does not currently meet the statutory requirements for voluntary annexation under the provisions of Section 171.044, Florida Statutes; and WHEREAS, the Owner of the Property has requested, and the City has agreed, subject to the terms, conditions and limitations hereinafter set forth, that the City shall provide water service to the Property; and WHEREAS, in consideration of the City providing water service to the Property, the Owner desires to voluntarily petition the City to annex the Property pursuant to Section 171.044, 006.188179.1 Florida Statutes; provided, however, at this time the City cannot annex the Property because the Property does not currently meet the statutory requirements for voluntary annexation under the provisions of Section 171.044, Florida Statutes; and WHEREAS, the parties acknowledge and agree that this Agreement constitutes a petition for the voluntary annexation of the Property pursuant to Section 171.044, Florida Statutes; and WHEREAS, the Owner agrees that at the time the City makes a determination that the Property meets the statutory requirements for voluntary annexation under the provisions of Section 171.044, Florida Statutes, and upon the request of the City, the Owner shall execute all applications and documents required by the City, pay all applicable fees, costs and expenses, and provide all documentation required by Florida law, including, but not limited to, Section 171.044, Florida Statutes, necessary for the voluntary annexation of the Property. NOW, THEREFORE, in consideration of the premises and the mutual promises and agreements set forth herein and other good and valuable consideration the receipt of which is hereby acknowledged and intending to be legally bound hereby, the parties hereto do hereby agree as follows: SECTION 1. Recitals. The Recitals set forth above are true and correct and by this reference are incorporated herein as part of this Agreement. SECTION 2. Annexation. A. The Owner and the City acknowledge and agree that this Agreement constitutes a petition for the voluntary annexation of the Property pursuant to Section 171.044, Florida Statutes. The Owner and the City further acknowledge and agree that the petition cannot be processed at this time because the Property does not meet the statutory requirements for voluntary annexation under the provisions of Section 171.044, Florida Statutes. B. The City shall have the right, but not the obligation, to process the petition; provided, however, that the petition shall not be processed by the City unless and until a determination is made by the City, in its sole and absolute discretion, that the Property meets the statutory requirements for voluntary annexation under the provisions of Section 171.044, Florida Statutes, or such other provisions of the Florida Statutes as may then be applicable to voluntary annexations. Following such determination by the City and upon the written request of the City, the Owner shall within thirty (30) days of receipt of such written request from the City (i) execute all applications and documents required by the City at the time of such request in order to process the Owner's petition for voluntary annexation including, but not limited to, the Application for Annexation and Initial Rezoning Consistent with the Ocoee Comprehensive Plan and the Annexation and Initial Zoning Hold Harmless Agreement; (ii) pay all applicable fees, costs and expenses associated with the petition for voluntary annexation as required by the City; and (iii) provide all documentation required by Florida law, including, but not limited to, Section 177.044, Florida Statutes, for the voluntary annexation of the Property including, but not limited to, a metes and bounds legal description of the Property. Following the Owner's compliance with the foregoing, the City shall have the right, but not the 006.188179.1 -2- obligation, to process this petition for voluntary annexation without further action and/or request of the Owner. C. In the event the City determines, in its sole and absolute discretion, that the requested annexation is inconsistent with the Ocoee Comprehensive Plan, the Owner must apply for a Comprehensive Plan Amendment and pay the applicable development review fees in connection therewith. In the event the City determines, in its sole and absolute discretion, that a developer agreement is required in connection with the annexation, then the Owner must pay the applicable development review fees in connection therewith. The Owner shall pay such additional development review fees as may be required by the Code of the City of Ocoee in effect at the time of annexation. D. The Owner acknowledges and agrees that this Agreement does not in any way obligate or require the City to annex the Property or grant to the Owner any particular zoning which may be requested in connection with such annexation. E. The Owner acknowledges and agrees that any zoning granted to the Owner in connection with the Property shall be consistent with the terms and conditions of the Joint Planning Agreement as it may be amended from time to time. SECTION 3. Water Service. A. Subject to the terms, conditions and limitations set forth in this Agreement, the City agrees to provide water service to the Property upon compliance by the Owner with all applicable regulations of the City and the payment all fees, costs and expenses associated therewith. The Owner shall execute all developer agreements for water as required by the City in connection with the provision of water service to the Property. B. This Agreement does not in any way reserve any water capacity or guarantee the availability thereof. C. The Owner acknowledges and agrees that for so long as the Property is not located within the corporate limits of the City, the monthly rates and charges for water service as established by the City from time to time shall be charged at the same rate charged to consumers within the corporate limits of the City plus a surcharge equal to twenty percent (20%) of such monthly rates and charges for water service or such other surcharge as the City may impose from time to time. The Owner agrees to pay all such charges for water service and surcharges as required by the City. D. The Owner acknowledges and agrees that the Property is not located in the corporate limits of the City and that water capital charges as established by the City from time to time shall be charged at the same rate to consumers within the corporate limits of the City plus a surcharge equal to nineteen percent (19%) of such water capital charges or such other charges as the City may impose from time to time. The Owner agrees to pay all water capital charges and surcharges as required by the City. 006.188179.1 -3- SECTION 4. Agreement Runs with the Land. In consideration of the City providing water service to the Property, the Owner and the City acknowledge and agree that this Agreement is irrevocable and, further, this Agreement and all other rights and obligations of the parties hereunder are intended to and shall run with the Property, and shall bind, and inure to the benefit of, the parties hereunder and their respective successors in title. SECTION 5. Representations. A. The Owner hereby warrants and represents to the City that the Owner currently owns fee title to the Property and has full power and authority to enter into this Agreement and that the Property is free and clear of all liens and encumbrances [except for the lien of the mortgages referenced in the Joinder, Consent and Subordination attached hereto]. B. The City makes no representations or warranties with regard to this Agreement and reserves the right to process Owner's petition for voluntary annexation in its sole and absolute discretion. SECTION 6. Title Evidence and Survey. A. As a condition precedent to the execution of this Agreement by the City, the Owner shall provide title evidence, in a form and substance satisfactory to the City, showing the Owner as the owner of fee simple title to the Property. Such title evidence shall also show whether the Property is encumbered by a mortgage or otherwise. In the event the Property is encumbered, the Owner shall provide a Joinder, Consent and Subordination of all mortgagees to this Agreement prior to the execution of this Agreement by the City. B. Unless the Property is a platted lot as shown in the title evidence required above, as a condition precedent to the execution of this Agreement by the City, the Owner shall provide a survey in accordance with the minimum technical standards for land surveys set forth in Chapter 61G17-6, Florida Administrative Code. Such survey shall be consistent with the legal description of the Property set forth in Exhibit "A". SECTION 7. Notices. Any notice required to be given hereunder shall be in writing and shall be delivered in person or by certified mail, postage paid, return receipt requested as follows. If such notice is to be given to the City, such shall be given at the address set forth above. If such notice is to be given to the Owner, such shall be given at the address shown in the tax collector's records for the Tax Parcel Identification Number set forth above. Any notice, direction or other communication delivered or mailed, as directed above shall be deemed to be delivered as of three (3) days after the date of mailing or, if delivered personally, when received. SECTION 8. Defaults and Remedies. IN THE EVENT THE OWNER FAILS TO COMPLY WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND SUCH FAILURE CONTINUES FOR THIRTY (30) DAYS AFTER WRITTEN NOTICE FROM THE CITY, THE CITY MAY DISCONNECT AND TERMINATE ANY WATER SERVICE PROVIDED TO THE PROPERTY. THE OWNER HEREBY CONSENTS TO SUCH DISCONNECTION AND TERMINATION OF WATER SERVICE 006.188179.1 -4- AND EXPRESSLY WAIVES ANY CLAIMS BASED UPON THE DISCONNECTION AND TERMINATION OF SUCH WATER SERVICE BY THE CITY. OWNER'S INITIALS: SECTION 9. Indemnification. A. The Owner hereby agrees to indemnify and save the City harmless from and against all losses, costs, expenses, claims, damages, judgments, liabilities and causes of action whatsoever (collectively, "Claims") including reasonable attorneys' fees and paralegal fees both at trial and at appellate levels, arising out of or alleged to have arisen out of this Agreement or been occasioned, in whole or in part, by the exercise of the City of its rights granted hereunder. The Owner shall use its best efforts to promptly notify the City in writing of any Claim and shall provide the City with information regarding the Claim as the City may reasonably request, but the failure to give such notice or provide such information shall not diminish the Owner's obligations under this Section. B. No Claim whatsoever shall be made or asserted against the City by the Owner for or on account of anything done or as a result of anything done or omitted to be done in connection with this Agreement. SECTION 10. Recording. The Owner acknowledges and agrees that the City shall record this Agreement in the Public Records of Orange County, Florida, and the Owner agrees to pay all costs associated therewith. SECTION 11. Territorial Agreements. The references herein to the Territorial Agreements refer to (i) the Orange County/City of Ocoee Service Territorial Agreement (Contract No. S-87-8), dated June 8, 1987, as amended by the First Amendment thereto dated February 11, 1994, as it may be amended from time to time, and (ii) the Orange County/City of Ocoee Water Service Territorial Agreement (Contract No. W-88-06), dated November 14, 1988, as amended February 11, 1994, as it may be amended from time to time. SECTION 12. Real Property Taxes for Conveyance. In the event of any conveyance of real property by the Owner to the City, real property taxes in connection with the conveyance shall be prorated as of the day before the acceptance of the conveyance by the City and the prorated amount shall be paid by the Owner and shall be escrowed in accordance with the provisions of Section 196.295, Florida Statutes. SECTION 13. Miscellaneous. A. ANY FUTURE OWNERS OF THE PROPERTY SHALL TAKE TITLE TO THE PROPERTY SUBJECT TO THIS AGREEMENT AND BY ACCEPTING A DEED OF CONVEYANCE TO THE PROPERTY, AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. 006.188179.1 -5- B. The Property shall be deemed a single parcel and any subparcels of the Property which are created by subdivision or by any other means shall be subject to the terms and conditions of this Agreement, subsequent sale and individual ownership notwithstanding. C. This Agreement may not be modified or amended, or any term or provision hereof waived or discharged except in writing, in recordable form, signed by the parties hereto, or their respective successors and assigns. Any such modification or amendment shall not be effective until recorded in the Public Records of Orange County, Florida. D. This Agreement shall be construed and enforced in accordance with, and governed by, the laws of the State of Florida. E. All of the terms of this Agreement, whether so expressed or not, shall be binding upon the respective successors, assigns and legal representatives of the parties hereto and shall inure to the benefit of and be enforceable by the parties hereto and their respective successors, assigns and legal representatives. F. The headings of this Agreement are for reference only and shall not limit or otherwise affect the meaning thereof. G. In the event the either party institutes a legal proceeding against the other party, to enforce the terms of this Agreement or for breach of any of the terms, conditions or covenants of this Agreement, the prevailing party shall be entitled to recover from the other party its reasonable attorney's fees, paralegal fees and costs, both at the trial and appellate levels. H. In the event a third party institutes a legal proceeding against the City and/or the Owner, regarding the enforceability of this Agreement or any other matters arising out of or related to this Agreement, the annexation of the Property or the provision of water service, then in such event the Owner shall pay all costs, fees, charges, and expenses of the City relative thereto, including but not limited to attorney's fees and paralegal fees at both the trial and appellate levels. I. In addition to each and every remedy now or hereafter existing at law or in equity, the parties hereto expressly agree that City shall have the right to enforce this Agreement by an action for specific performance. J. As from time to time requested by the City, the Owner agrees to execute such additional documents as may be necessary in order to effectuate the provisions of this Agreement. K. This Agreement embodies and constitutes the entire understandings of the parties with respect to the subject matter hereof and all prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement. 006.188179.1 -6- L. The attached Exhibits are part of this Agreement as though fully set forth in this Agreement. IN WITNESS WHEREOF, the City has caused this Agreement to be executed as of the day and year first written above. Signed, sealed and delivered "CITY" in the presence of: CITY OF OCOEE, a Florida municipal corporation Signature By: Print/Type Name S. Scott Vandergrift, Mayor Attest: Jean Grafton, City Clerk Signature (SEAL) Print/Type Name FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA. COMMISSION AT A MEETING APPROVED AS TO FORM AND HELD ON , 2004. LEGALITY UNDER AGENDA ITEM NO. this day of , 2004. FOLEY & LARDNER, LLP By: City Attorney STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared S. SCOTT VANDERGRIFf and JEAN GRAFTON, personally known to me to be the Mayor and City Clerk, respectively, of the CITY OF OCOEE, a Florida municipal corporation, and that they severally acknowledged executing the same on behalf of said municipality in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said municipality. 006.188179.1 -7- WITNESS my hand and official seal in the County and State last aforesaid this day of , 2004_ 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): 006.188179.1 -8- [EXECUTION PAGE FOR INDIVIDUAL OWNER] IN WITNESS WHEREOF, the 'Owner has caused this Agreement to be duly executed the day of UT,in , 200 . Signed, sealed and delivered in the presence of: "OWNER" 2avv-aa 3DircAQX-- Signature ,reA ot_ cch e 5 }-,Ata eN. e ignrtire C' .1- Print/Type Name I STATE OF I I'" '1"-- COUNTY OF Irak I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and ( County aforesaid to take acknowledgements, personally appeared Te -el D. Cock Cr a-4 , who [ ] is personally known to me or ['1"produced Flay 11-.1Qr'ev4r 's Lic1,K,sc as identification, and that he acknowledged executing the foregoing instrument for the purposes and uses therein described. WITNESS my hand and official seal • the Coun and State last aforesai• this d day of , 200` I / i / Signature of Notary ne sSibtftt (fp commissioODD118803 Expires August 13,2008 Name of Notary (Typed, Printed or Stamped) Commission Number (if not legible on seal): My Commission Expires (if not legible on seal): 006.188179.1 -10- JOINDER, CONSENT AND SUBORDINATION The undersigned hereby certifies that rtun Ery U,;,c jiccme 10&114 is the holder of a mortgage, lien or other encumbrance upon the above described property, and that the undersigned hereby joins in and consents to the foregoing instrument by the owner thereof and agrees that its mortgage, lien or other encumbrance, which is recorded in Official Records Book h!?yL , Page 1/97z , in the original sum of$ 1/51/0 , , of the Public Records of Orange County of Florida, shall be subordinated to the foregoing instrument. Signed, sealed and delivered "OWNER" in the presence of: Te-g) n f foR— r-\\AA iii... ,.. By: .1,ii Signature JSi b10; 1 Print Name: J I C Print/Type Name ,/ Its: i '.Q1,da .►J� t (CORPORATE SEAL) Signature �1 aI1 Print/Type Name STATE OF F 0 tr COUNTY OF ►'-° 2i THIS IS TO CERTIFY, that on this l9 day of J w L , 2004, before me, an officer duly authorized to take acknowled ements in the State and County aforesaid, personally appeared r r e i I Lo c.K Cr 4 as of 1451 C141.t-00n4 C7,oec 124 Oce 33'4/ who [ ) is personally known to me or [Li'produced Fl o �dt 1D ve rs L``�s identification, and that who acknowledged that he as the individual described in and who executed the foregoing instrument and acknowledged the execution thereof to be his/her free act and deed as such officer thereunto duly authorized, that the official seal of said corporation is duly affixed thereto. IN WITNESS WHEREOF, I have he .unto setaz h. sit an./se. o� 1 i ove date. A NOTARY P BLIC 4,40 ov4k6 Melanie S Sibbitt My Commission DD116803 Name: of Expires August 13.2006 My Commission expires: 006.188179.1 -13- EXIIIBIT "A" LEGAL DESCRIPTION NORTH OCOEE ADDITION NO 2 0/69 LOTS 9 10 11 BLK 13 006.188179.1 -14- 1 1 0 1 HARRIS RD �.ikS gq n> x :.fid 1 ElWI I p 10TH/01 0 O Z o0 U 1,THAV 1 ::1111111> :::.- 1 � 12TH AV i ? nil _ILII 11 :3 1 ,. . ...,,.::::. w W ' = (, r j i j III 1L• I - . r l 6TH AV II 1 I 1 a' I� i..� o ;o , . ' , - ,. ,... .. ,.... ,. " ... ..:.., . :., .....:,:„ -:Y ' '''''' ' '.'. '''''."'. . : ' .i' --J ,,,::.:.,.. . :**.,: -...,. .,.,,.....:,.:..,..... . ,....,,,,...,............,........,.,. .,,,.! ::,* :.....:.,,H,..:. ..:.,..„..,..,....„.„,..... :, „.*,...„..,... ,„,.....„.....,...... ,:: , . .. . .. . . . ...,:... .. .s Z ...,... ....,....,...,..,.,,,..:....,: ,....,... .,.... „... ,:..., ...,..„.,:.:....,::,:,,,. ,,,..,„....„.. ...,:_.:,. • .:. ':.. 4..• r Ocoee City Limits I I I Unincorporated Territory , Mayor Center of Good Lig, Commissioners S. Scott Vandergrift � Danny Howell, District 1 Scott Anderson, District 2 City Manager Rusty Johnson, District 3 Robert D. Frank Nancy J. Parker, District 4 STAFF REPORT TO: The Honorable Mayor and City Commissioners FROM: David A. Wheeler,P.E. 44,4 M/ Director of Public Works DATE: August 9, 2004 RE: Manuel Novoa 1527 Clarcona-Ocoee Road Intent to Annex for Water Service ISSUE Staff requests that the Mayor and City Commission approve and execute the Intent to Annex Agreement with Manuel Novoa to provide water service to their property. BACKGROUND/DISCUSSION Mr. Novoa, who resides at 1527 Clarcona-Ocoee Road, approached the City for utility service. The property currently has a well for water service. Attached please find a copy of the Intent to Annex agreement for Mr. Novoa. The property is currently within unincorporated Orange County and is not contiguous to the City Limits. However the property is inside the City's JPA boundary, Water & Sewer Territorial Boundary, and City Limits. See attached map from City's GIS Department. Therefore,this is just an Intent to Annex for Water Service at this time. There is a 12" water main along the west side of Clarcona-Ocoee Road that could be tapped for water service. There are no service lines extended under the road in the area of this residence; therefore a service line will be required for service. There are no sewer facilities in the area to even consider sanitary sewer service. There is available capacity in the potable water system for this one additional residential customer. The City's requirement about annexation/intent to annex to be able to provide service and the differences between resident service and non-resident service were discussed with Mr. Novoa. The City's fee requirements for an Intent to Annex application approval are provided below: • Application Processing and Recording Fee of$100 • Water Impact Fee of$1,139.88 ($966 plus an 18%surcharge for non-residents) • Connection fee of $500 plus the cost for directional drill install of service line under Clarcona-Ocoee Road(cost to be determined after City Commission action) • Water deposit of$60 (refundable after two years of prompt payments) • Utility rates for water and/or sewer per the attached rate sheet (cost of service base rate plus consumption charge times 18% surcharge for non-residents) • The stormwater drainage and solid waste rates would not apply until the annexation process is complete Upon annexation, the utility rates would reduce to city resident charges. Also, should the property become contiguous to the City Limits and Mr. Novoa decides to not proceed with the annexation of his property, the City has the right to discontinue service until such time as annexation is completed. The procedure for obtaining water service was discussed with Mr.Novoa: Staff review the intent to annex application Submission to the DRC Committee for action If approved by DRC the application would be presented to the City Commission for action With approval of the City Commission,Mr. Novoa would fill out a customer application and pay the aforementioned fees City would issue a work order for the service line and meter installation, which would take approximately two weeks to schedule the work Mr. Novoa was advised that the City only provides service to the edge of the road right-of-way, the property line at the street. He will need to hire a plumber to do all necessary work from the house out to the street, which will require a permit from the Orange County Building Department. He will need to disconnect his well from the house connection; however he is encouraged to use your well for irrigation purposes. He will also be required to purchase and install a backflow prevention device to be installed on his side of the water meter, which will be inspected by Ocoee's backflow technician. The yearly inspection and maintenance of that backflow preventer is Mr. Novoa's responsibility and must be documented to the City every year. The Development Review Committee approved the Intent to Annex for the property at 1527 Clarcona-Ocoee Road at a meeting held on August 4, 2004. RECOMMENDATION The Public Works-Engineering Staff recommends that the Mayor and City Commission approve of this Intent to Annex request for Mr. Novoa at 1527 Clarcona-Ocoee Road and direct the Mayor and City Clerk to execute the Annexation Agreement and direct staff to proceed with the process to provide Mr. Novoa with City water service. Attachments: Map showing property Annexation Agreement cc: Mr. Manuel Novoa THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: Paul E. Rosenthal, Esq. FOLEY&LARDNER, LLP 111 North Orange Avenue, Suite 1800 Post Office Box 2193 Orlando, FL 32802-2193 (407)423-7656 AFTER RECORDING RETURN TO: Jean Grafton, City Clerk CITY OF OCOEE 150 North Lakeshore Drive Ocoee, Florida 34761 Tax Parcel Identification Number(s)08-22-28-5960-18-090 ANNEXATION AGREEMENT [Water Service] THIS ANNEXATION AGREEMENT (the "Agreement") is made and entered into this_ day of 2004, by and between the CITY OF OCOEE, a Florida municipal corporation, whose mailing address is 150 N. Lakeshore Dr., Ocoee, Florida 34761 (the "City") and Manuel Novoa, whose mailing address is 1527 Clarcona Ocoee Road, Ocoee, Florida 34761 (the "Owner"). WITNESSETH: WHEREAS, the Owner owns certain real property located at 1527 Clarcona Ocoee Road, Ocoee, Florida 34761, Tax Parcel Identification Number 08-22-28-5960-18-090 as more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof(the "Property"); and WHEREAS, the Property is located within the City water territorial areas as set forth in the Territorial Agreements (as defined below); and WHEREAS, the Property is located within the Joint Planning Area as defined in Joint Planning Area Agreement dated February 11, 1994 between the City and Orange County as it may be amended from time to time (the "Joint Planning Area Agreement"), but the Property does not currently meet the statutory requirements for voluntary annexation under the provisions of Section 171.044, Florida Statutes; and WHEREAS, the Owner of the Property has requested, and the City has agreed, subject to the terms, conditions and limitations hereinafter set forth, that the City shall provide water service to the Property; and WHEREAS, in consideration of the City providing water service to the Property, the Owner desires to voluntarily petition the City to annex the Property pursuant to Section 171.044, 006.188179.1 Florida Statutes; provided, however, at this time the City cannot annex the Property because the Property does not currently meet the statutory requirements for voluntary annexation under the provisions of Section 171.044, Florida Statutes; and WHEREAS, the parties acknowledge and agree that this Agreement constitutes a petition for the voluntary annexation of the Property pursuant to Section 171.044, Florida Statutes; and WHEREAS, the Owner agrees that at the time the City makes a determination that the Property meets the statutory requirements for voluntary annexation under the provisions of Section 171.044, Florida Statutes, and upon the request of the City, the Owner shall execute all applications and documents required by the City, pay all applicable fees, costs and expenses, and provide all documentation required by Florida law, including, but not limited to, Section 171.044, Florida Statutes, necessary for the voluntary annexation of the Property. NOW, THEREFORE, in consideration of the premises and the mutual promises and agreements set forth herein and other good and valuable consideration the receipt of which is hereby acknowledged and intending to be legally bound hereby, the parties hereto do hereby agree as follows: SECTION 1. Recitals. The Recitals set forth above are true and correct and by this reference are incorporated herein as part of this Agreement. SECTION 2. Annexation. A. The Owner and the City acknowledge and agree that this Agreement constitutes a petition for the voluntary annexation of the Property pursuant to Section 171.044, Florida Statutes. The Owner and the City further acknowledge and agree that the petition cannot be processed at this time because the Property does not meet the statutory requirements for voluntary annexation under the provisions of Section 171.044, Florida Statutes. B. The City shall have the right, but not the obligation, to process the petition; provided, however, that the petition shall not be processed by the City unless and until a determination is made by the City, in its sole and absolute discretion, that the Property meets the statutory requirements for voluntary annexation under the provisions of Section 171.044, Florida Statutes, or such other provisions of the Florida Statutes as may then be applicable to voluntary annexations. Following such determination by the City and upon the written request of the City, the Owner shall within thirty (30) days of receipt of such written request from the City (i) execute all applications and documents required by the City at the time of such request in order to process the Owner's petition for voluntary annexation including, but not limited to, the Application for Annexation and Initial Rezoning Consistent with the Ocoee Comprehensive Plan and the Annexation and Initial Zoning Hold Harmless Agreement; (ii) pay all applicable fees, costs and expenses associated with the petition for voluntary annexation as required by the City; and (iii) provide all documentation required by Florida law, including, but not limited to, Section 177.044, Florida Statutes, for the voluntary annexation of the Property including, but not limited to, a metes and bounds legal description of the Property. Following the Owner's compliance with the foregoing, the City shall have the right, but not the 006.188179.1 -2- obligation, to process this petition for voluntary annexation without further action and/or request of the Owner. C. In the event the City determines, in its sole and absolute discretion, that the requested annexation is inconsistent with the Ocoee Comprehensive Plan, the Owner must apply for a Comprehensive Plan Amendment and pay the applicable development review fees in connection therewith. In the event the City determines, in its sole and absolute discretion, that a developer agreement is required in connection with the annexation, then the Owner must pay the applicable development review fees in connection therewith. The Owner shall pay such additional development review fees as may be required by the Code of the City of Ocoee in effect at the time of annexation. D. The Owner acknowledges and agrees that this Agreement does not in any way obligate or require the City to annex the Property or grant to the Owner any particular zoning which may be requested in connection with such annexation. E. The Owner acknowledges and agrees that any zoning granted to the Owner in connection with the Property shall be consistent with the terms and conditions of the Joint Planning Agreement as it may be amended from time to time. SECTION 3. Water Service. A. Subject to the terms, conditions and limitations set forth in this Agreement, the City agrees to provide water service to the Property upon compliance by the Owner with all applicable regulations of the City and the payment all fees, costs and expenses associated therewith. The Owner shall execute all developer agreements for water as required by the City in connection with the provision of water service to the Property. B. This Agreement does not in any way reserve any water capacity or guarantee the availability thereof. C. The Owner acknowledges and agrees that for so long as the Property is not located within the corporate limits of the City, the monthly rates and charges for water service as established by the City from time to time shall be charged at the same rate charged to consumers within the corporate limits of the City plus a surcharge equal to twenty percent (20%) of such monthly rates and charges for water service or such other surcharge as the City may impose from time to time. The Owner agrees to pay all such charges for water service and surcharges as required by the City. D. The Owner acknowledges and agrees that the Property is not located in the corporate limits of the City and that water capital charges as established by the City from time to time shall be charged at the same rate to consumers within the corporate limits of the City plus a surcharge equal to nineteen percent (19%) of such water capital charges or such other charges as the City may impose from time to time. The Owner agrees to pay all water capital charges and surcharges as required by the City. 006.188179.1 -3- SECTION 4. Agreement Runs with the Land. In consideration of the City providing water service to the Property, the Owner and the City acknowledge and agree that this Agreement is irrevocable and, further, this Agreement and all other rights and obligations of the parties hereunder are intended to and shall run with the Property, and shall bind, and inure to the benefit of, the parties hereunder and their respective successors in title. SECTION 5. Representations. A. The Owner hereby warrants and represents to the City that the Owner currently owns fee title to the Property and has full power and authority to enter into this Agreement and that the Property is free and clear of all liens and encumbrances [except for the lien of the mortgages referenced in the Joinder, Consent and Subordination attached hereto]. B. The City makes no representations or warranties with regard to this Agreement and reserves the right to process Owner's petition for voluntary annexation in its sole and absolute discretion. SECTION 6. Title Evidence and Survey. A. As a condition precedent to the execution of this Agreement by the City, the Owner shall provide title evidence, in a form and substance satisfactory to the City, showing the Owner as the owner of fee simple title to the Property. Such title evidence shall also show whether the Property is encumbered by a mortgage or otherwise. In the event the Property is encumbered, the Owner shall provide a Joinder, Consent and Subordination of all mortgagees to this Agreement prior to the execution of this Agreement by the City. B. Unless the Property is a platted lot as shown in the title evidence required above, as a condition precedent to the execution of this Agreement by the City, the Owner shall provide a survey in accordance with the minimum technical standards for land surveys set forth in Chapter 61G17-6, Florida Administrative Code. Such survey shall be consistent with the legal description of the Property set forth in Exhibit "A". SECTION 7. Notices. Any notice required to be given hereunder shall be in writing and shall be delivered in person or by certified mail, postage paid, return receipt requested as follows. If such notice is to be given to the City, such shall be given at the address set forth above. If such notice is to be given to the Owner, such shall be given at the address shown in the tax collector's records for the Tax Parcel Identification Number set forth above. Any notice, direction or other communication delivered or mailed, as directed above shall be deemed to be delivered as of three (3) days after the date of mailing or, if delivered personally, when received. SECTION 8. Defaults and Remedies. IN THE EVENT THE OWNER FAILS TO COMPLY WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND SUCH FAILURE CONTINUES FOR THIRTY (30) DAYS AFTER WRITTEN NOTICE FROM THE CITY, THE CITY MAY DISCONNECT AND TERMINATE ANY WATER SERVICE PROVIDED TO THE PROPERTY. THE OWNER HEREBY CONSENTS TO SUCH DISCONNECTION AND TERMINATION OF WATER SERVICE 006.188179.1 -4- AND EXPRESSLY WAIVES ANY CLAIMS BASED UPON THE DISCONNECTION AND TERMINATION OF SUCH WATER SERVICE BY THE CITY. OWNER'S INITIALS: M iv' SECTION 9. Indemnification. A. The Owner hereby agrees to indemnify and save the City harmless from and against all losses, costs, expenses, claims, damages, judgments, liabilities and causes of action whatsoever (collectively, "Claims") including reasonable attorneys' fees and paralegal fees both at trial and at appellate levels, arising out of or alleged to have arisen out of this Agreement or been occasioned, in whole or in part, by the exercise of the City of its rights granted hereunder. The Owner shall use its best efforts to promptly notify the City in writing of any Claim and shall provide the City with information regarding the Claim as the City may reasonably request, but the failure to give such notice or provide such information shall not diminish the Owner's obligations under this Section. B. No Claim whatsoever shall be made or asserted against the City by the Owner for or on account of anything done or as a result of anything done or omitted to be done in connection with this Agreement. SECTION 10. Recording. The Owner acknowledges and agrees that the City shall record this Agreement in the Public Records of Orange County, Florida, and the Owner agrees to pay all costs associated therewith. SECTION 11. Territorial Agreements. The references herein to the Territorial Agreements refer to (i) the Orange County/City of Ocoee Service Territorial Agreement (Contract No. S-87-8), dated June 8, 1987, as amended by the First Amendment thereto dated February 11, 1994, as it may be amended from time to time, and (ii) the Orange County/City of Ocoee Water Service Territorial Agreement (Contract No. W-88-06), dated November 14, 1988, as amended February 11, 1994, as it may be amended from time to time. SECTION 12. Real Property Taxes for Conveyance. In the event of any conveyance of real property by the Owner to the City, real property taxes in connection with the conveyance shall be prorated as of the day before the acceptance of the conveyance by the City and the prorated amount shall be paid by the Owner and shall be escrowed in accordance with the provisions of Section 196.295, Florida Statutes. SECTION 13. Miscellaneous. A. ANY FUTURE OWNERS OF THE PROPERTY SHALL TAKE TITLE TO THE PROPERTY SUBJECT TO THIS AGREEMENT AND BY ACCEPTING A DEED OF CONVEYANCE TO THE PROPERTY, AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. 006.188179.1 -5- B. The Property shall be deemed a single parcel and any subparcels of the Property which are created by subdivision or by any other means shall be subject to the terms and conditions of this Agreement, subsequent sale and individual ownership notwithstanding. C. This Agreement may not be modified or amended, or any term or provision hereof waived or discharged except in writing, in recordable form, signed by the parties hereto, or their respective successors and assigns. Any such modification or amendment shall not be effective until recorded in the Public Records of Orange County, Florida. D. This Agreement shall be construed and enforced in accordance with, and governed by, the laws of the State of Florida. E. All of the terms of this Agreement, whether so expressed or not, shall be binding upon the respective successors, assigns and legal representatives of the parties hereto and shall inure to the benefit of and be enforceable by the parties hereto and their respective successors, assigns and legal representatives. F. The headings of this Agreement are for reference only and shall not limit or otherwise affect the meaning thereof. G. In the event the either party institutes a legal proceeding against the other party, to enforce the terms of this Agreement or for breach of any of the terms, conditions or covenants of this Agreement, the prevailing party shall be entitled to recover from the other party its reasonable attorney's fees, paralegal fees and costs, both at the trial and appellate levels. H. In the event a third party institutes a legal proceeding against the City and/or the Owner, regarding the enforceability of this Agreement or any other matters arising out of or related to this Agreement, the annexation of the Property or the provision of water service, then in such event the Owner shall pay all costs, fees, charges, and expenses of the City relative thereto, including but not limited to attorney's fees and paralegal fees at both the trial and appellate levels. I. In addition to each and every remedy now or hereafter existing at law or in equity, the parties hereto expressly agree that City shall have the right to enforce this Agreement by an action for specific performance. J. As from time to time requested by the City, the Owner agrees to execute such additional documents as may be necessary in order to effectuate the provisions of this Agreement. K. This Agreement embodies and constitutes the entire understandings of the parties with respect to the subject matter hereof and all prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement. 006.188179.1 -6- L. The attached Exhibits are part of this Agreement as though fully set forth in this Agreement. IN WITNESS WHEREOF, the City has caused this Agreement to be executed as of the day and year first written above. Signed, sealed and delivered "CITY" in the presence of: CITY OF OCOEE, a Florida municipal corporation Signature By: Print/Type Name S. Scott Vandergrift, Mayor Attest: Jean Grafton, City Clerk Signature (SEAL) Print/Type Name FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA. COMMISSION AT A MEETING APPROVED AS TO FORM AND HELD ON , 2004. LEGALITY UNDER AGENDA ITEM NO. . this day of , 2004. FOLEY & LARDNER, LLP By: City Attorney STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared S. SCOTT VANDERGRIFT and JEAN GRAFTON, personally known to me to be the Mayor and City Clerk, respectively, of the CITY OF OCOEE, a Florida municipal corporation, and that they severally acknowledged executing the same on behalf of said municipality in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said municipality. 006.188179.1 -7- WITNESS my hand and official seal in the County and State last aforesaid this day of , 2004_ 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): 006.188179.1 -8- [EXECUTION PAGE FOR INDIVIDUAL OWNER] p�J`IN REOF, the 7ner has caused this Agreement to be duly executed the O day of , , 20 Q Signed, sealed and delivered in the presen of: "OWNER" c Signator Agit.dali i . Siii;# Name • A' , -'\ c04411.GCZI Sia - _ - ir k1i ¢4-1 .) �Ct v»ds Print/Type Name STATE OF rib r► Ve- COUNTY OF c � I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and Co} ity aforesaid 4o take acknowledgements, personally appeared YVtahuf�l No VOA A-/bl , who [ ] is personally known to me or [produced F'Ib►.I d1. Dr;ver Ls- l cc --e as identification, and that he acknowledged executing the foregoing instrument for the purposes and uses therein described. . �TNESS my hand official seal ' . County and S .to last aforesaid this v da f �`! , 20 6 . / jj Signature of Notary dor M6Ianie S Sibbitt My Commission 0D116803 It' Of Expires August 13.2006 Name of Notary (Typed, Printed or Stamped) Commission Number(if not legible on seal): My Commission Expires (if not legible on seal): 006.188179.1 -10- JOINDER, CONSENT AND SUBORDINATION The undersigned hereby certifies that C/ /%) e la is the holder of a mortgage, lien or other encumbrance upon the above described property, and that the undersigned hereby joins in and consents to the foregoing instrument by the owner thereof and _ames that its mortgage, lien or other encumbrance, h' h is recorded in Official Records Book 31 , Page a3 13, in the original sum of$ I 66, o a , of the Public Records of Orange County of Florida, shall be subordinated to the foregoing instrument. Signed, sealed and delivered "OWNER" in the presence of: X ,� jcBy Di • igna // 1 / S- S�u b: Print Name: /4 /1 Al U 1/c=' P Print/Type Name Its: Signature • (CORPORATE SEAL) NIn7Cy e0 / Print/Type Name STATE OF PO rt COUNTY OF THIS IS TO CERTIFY, that on this g(P‘day of --SLI , 2004, before me, an officer duly authorized to take acknowledgements in the and County aforesaid, personally appeared !X A.n r No y i , as Uw Ate of 16 i CI4,1-Pdne. oe>! Fa . Qco-PEl- who [ ] is personally known to me or [ duced R ny- L ()r i'✓cr s O ar ic�enlification, and that who acknowledged that he as the individual described in and who executed the foregoing instrument and acknowledged the execution thereof to be his/her free act and deed as such officer thereunto duly authorized, that the official seal of said co 'oration is duly affixed thereto. IN WITNESS WHEREOF, I ha ; here to set my.d`and se"on e a•.v dat i NOTARY PUBLIC ,0,,, Melanie S Sibbitt My Commission DD116803 Name: 0r of Expires August 13.2006 My Commission expires: 006.188179.1 -13- EXHIBIT "A" I.EGAI, DESCRIPTION North Ocoee Addition No 2 0/69 Lot 9 BLK 18 3415/2373 006.188179.1 -14- 0 I HARRIS RD �y^ t 0 [ 1 w w 010TF AV 1 Q Z — O 0 re IU 1 ' u 1 I f I 11TH AVL I I __ I ,iF� ' i I 12TH AV w 1 1 m n I 1 1 I I 3TH AV aI I �— 0 o i 1 I I "I S1 KU I I1 I II I I I g I , I I w I I I I ! Z I I I ► ! I I I ' : 1 I I II I II 1 I Ocoee City Limits Unincorporated Territory