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Item #06 First Reading of Ordinance - Deeper Life Assembly of God Church center of Good LI ~~e . l-~ ~ AGENDA ITEM COVER SHEET Meeting Date: August 17,2010 Item # /fJ Ext. 1018 Reviewed By: Department Director: City Manager: Contact Name: Contact Number: Michael Rumer 7YJr2- Subject: Deeper Life Assembly Church Annexation Ordinance #2010-016 Project # AX-04-07-20 Annexation Ordinance #2010-017 Project # AX-04-07-20 Commission District 4 - Joel Keller Backaround Summary: General Location: The parcels are generally located on the north side of A.D. Mims Road, west of Apopka Vineland and east of Clark Road. Parcel Identification Number(s): 10-22-28-0000-00-003 and 10-22-28-0000-00-010. Property Size: 38 +/-acres Actual land use and unique features of the subiect property: The first property contains an existing 9,105 sf church with portables on 5.3 acres. The second parcel of 32.7 acres contains two structures being used a single-family dwellings and one building needing to be torn down. This property lies adjacent to Prairie Lake. The table below references the future land uses, zoning classifications, and existing land uses of the parcels: Direction Future land Use Zoning Classification Existina land Use North Low Density Residential R-1A Single-Family Dwellings East Medium Density PUD-MD Single-Family Dwellings South Low Density Residential R-1AA Single-Family Dwellings West Low Density Residential R-1A Single-Family Dwellings Consistency with State & Local Regulations: Annexation: With respect to State annexation criteria, Chapter 171.044 of the Florida Statutes grants municipalities the authority to annex contiguous, compact, non-circuitous territory so long as it does not create an enclave. The subject property is considered contiguous to the City of Ocoee on the north, south, east, and west. Joint Planninq Area Aqreement: The subject properties are located within the Ocoee-Orange County Joint Planning Area (JPA) and are being considered for annexation as outlined in the JPA Agreement. Orange County has been notified of this petition in accordance with Subsection 13-A of the City of Ocoee- Orange County Joint Planning Area Agreement. RezoninQ: The applicant is not proposing a rezoning at this time. The property will be rezoned in its entirety when future development occurs. Comprehensive Plan: The annexation is consistent with the Future Land Use Element Policy 2.5 that states in part, "The City shall consider requests for voluntary annexation into the City when those lands are logical extensions of the existing City limits, when services can be properly provided, and when proposed uses are compatible with the City's Comprehensive Plan. the JPA AQreement. and the City's Annexation Policy...." [Emphasis added]. The rezoning is consistent with Future Land Use Element Policy 1.15 that states in part, "The City may assign an initial zoning, after annexation, which is consistent with both the Future Land Use Map and the JPA Agreement... " Discussion: Based upon the projected impacts of the proposed use and size of the parcel, Staff determined that urban services, specifically potable water service could be adequately provided to the subject properties. Should the applicant propose to develop the property in the future; a sanitary sewer connection will be required (See attached "Annexation Feasibility Analysis"). Summary: The proposed annexation is a logical extension of the City limits, urban services can be provided, and the annexation meets state and local regulations. Issue: Should the Honorable Mayor and City Commissioners approve the ordinance to annex the 38 +/- acres of land known as Deeper Life Church parcels and also adopt the annexation agreement for the 5.3 acre parcel containing the existing church buildings? Recommendations: Development Review Committee (DRC) Recommendation: On July 21, 2010, the ORC met to determine if the proposed annexation was consistent with the City's regulations and policies. The ORC had significant discussion on the proposed annexation. The ORC has concerns with the portables as they do not meet building code as they are positioned and do not have the required permits from Orange County. The ORC made a condition of approval that the portables receive a Certificate of Occupancy from the City within 180 days by including said condition in Exhibit "B" which lists improvement deadlines. Additional improvement deadlines were established in Exhibit "B" to the annexation agreement. The ORC spoke to the applicant about future development of the 32.7 acre site. The ORC notified the applicant that a railroad crossing will not be granted by the Rail owner and that provisions for access will be made by an access road via Prairie Sage Trail with a possible future connection provided on site to connect with Prairie Oaks Court. The ORC further stated that the 32.7 acre parcel will be required to provide a trail easement adjacent to Prairie Lake to connect the final segment. Planning and Zoning Commission: The Planning and Zoning Commission Meeting has not taken place as of the creation date of this report. Staff Recommendation: Based on the recommendations of the ORC and Planning & Zoning Commission, staff recommends that Honorable Mayor and City Commissioners adopt the ordinance to annex the 38 +/- acres of land known as Deeper Life Church parcels and also adopt the annexation agreement for the 5.3 acre parcel containing the existing church buildings. 2 Attachments: Location Map Future Land Use Map Zoning Map 2007 Aerial Map Existing Site Plan Annexation Feasibility Analysis Report Annexation Ordinance #2010-016 Annexation Ordinance #2010-017 Annexation Agreement Financial Impact: Existing buildings will pay impact fees Type of Item: (please mark with an "XU) Public Hearing ~ Ordinance First Reading Ordinance Second Reading Resolution Commission Approval Discussion & Direction For Clerk's Deot Use: _____ Consent Agenda Public Hearing _____ Regular Agenda Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. 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'I H:r~jf I'f = fll~ f' !q jf f ~ q it f r *1,1 It I II III n J "If .f .1. ,J ,J .!.. .!.1 ,00> .. 0 ~ -<l""'N l:JOOOoId lO"tW II I :l tl , I! I~ I ;1 ;/ ;( l. , , I , - I l I , , I \ 1 1 \ ! \ i I' . I' .1 t. I I , I I ;/ I i !!I'T I I I , == I I! If l! --- If ' 1f, t i I :~ I i !Ii I/o =.-/ ei 'j i I _~ I Yo .."."" \\ \_, I $ " .)1.~ ! ! li= as}!j ~. If .~"d1'1OC11 ~I'U ttb, IIOOP'I"U &OOl 'or #'t ~ ~ ~ ~ CITY OF OCOEE ANNEXATION FEASIBILITY ANALYSIS CASE NUMBER: AX-09-09-18 ApPLICANT NAME: Deeper Life Assembly Church PROJECT NAME: DEEPER LIFE ASSEMBLY ANNEXATION This form is used to evaluate annexation requests to determine the feasibility of providing urban services to individual properties. Each department has filled in the appropriate section and the findings are summarized below. II. PLANNING DEPARTMENT Michael Rumer I International Church of the Foursquare Gospel B. Property Location 1. General Location: North side of AD. Mims Road, west of Apopka Vineland and east of Clark Road. 2. Parcel Identification Numbers: 10-22-28-0000-00-003 and 10-22-28-0000-00-010 3. Street Addresses: 8955 AD. Mims Road and 8825 AD. Mims Road 4. Size of Parcels: 38 Acres C. D. Rural Settlement 1/1 A-1 Low Densit Residential N/A E. Yes Yes III. FIRE DEPARTMENT Chief Pete McNeil 1. Estimated Response Time: 3 Minutes 2. Distance to Property: Distance from Station 2 (Clarke Rd & AD. Mims) is 1.5 miles 3. Fire Flow ReQuirements: Fire flow is 750 gpm 1111. POLICE DEPARTMENT Chief Charlie Brown 1. Police Patrol Zone I Grid I Area: Zone 2/ Grid 71 2. Estimated ResDonse Time: 3 minutes for emergencies. 3. Distance to ProDerty: Approx. 2 mile Page 1 of 3 Applicant Name: Deeper Life Assembly Project Name: Deeper Life Assembly Annexation Case #: Ax-04-07-20 I 4. Average Travel Time I 9 minute normal drive time. Michael Rumer N/A Religious Exemption N/A Religious Exemption N/A Religious Exemption N/A Religious Exemption N/A Religious Exemption N/A Religious Exemption BUILDING DEPARTMENT 1. Within the 100- ear Flood Plain: Michael Rumer Yes I VI. UTILITIES David Wheeler, P.E. IA. Potable Water 1. In Ocoee Service Area: Yes 2. Citv Capable of Servina Area: Yes 3. Extension Needed: An extension is needed. 4. Location and Size of Property accesses a 18" Water Main on A.D. Mims. Nearest Water Main: I B. Sanitarv Sewer 1. In Ocoee Service Area: Yes 2. Citv Capable of Servina Area: Yes 3. Extension Needed: Yes 4. Location and Size of 8" on Switch Grass Court and an 8" on Stonewater Nearest Force Main: 5. Annexation Aareement Needed: No, Applicant will use on-site septic. I C. Other 1. Utilitv Easement Needed: Yes 2. Private Lift Station Needed: Yes 3. Well Protection Area Needed: No Page 2 of 3 Applicant Name: Deeper Life Assembly Project Name: Deeper Life Assembly Annexation Case #: Ax-04-07-20 I VII. TRANSPORTATION Michael Rumer 1. Paved Access: Yes 2. ROW Dedication: No 3. Traffic Study: No 4. Traffic Analvsis Zone: 558 I VIII. PRELIMINARY CONCURRENCY EVALUATION Michael Rumer At this time, adequate transportation capacity exists. A. Transoortation: At this time, adequate park/recreation capacity exists. B. Parks I Recreation: At this time, adequate water/sewer capacity exists. C. Water I Sewer: N/A D. Stormwater: At this time, adequate solid waste capacity exists. E. Solid Waste: N/A F. Imoact Fees: I IX. SITE SPECIFIC ISSUES All Departments I The 32.7 acre parcel contains wetlands and lies within the 100 Year Flood Zone. Conservation easements and upland buffers will be required at time of rezoning and site plan review.. I X. CONSISTENCY WITH STATE REGULATIONS: Michael Rumer I This property is contiguous with the City Limits and reduces the area of an enclave; therefore this annexation is consistent with CH. 171.043 (1) & (2), Florida Statutes. Page 3 of 3 ORDINANCE NO. 2010-016 (Annexation Ordinance for Deeper Life Assembly) TAX PARCEL IDs: 10-22-28-0000-00-010 CASE NO. AX-04-07-20: Deeper Life Assembly AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 5.3 ACRES LOCATED NORTH OF AND ADJACENT TO A D MIMS ROAD AND WEST OF PRAIRIE OAKS COURT PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SAID ANNEXATION TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS; PROVIDING DIRECTION TO THE CITY CLERK; PROVIDING FOR SEVERABILITY; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 171.044, Florida Statutes, the owner of certain real property located in unincorporated Orange County, Florida, as hereinafter described, has petitioned the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to annex approximately 32.7 acres of property, as more particularly described in Exhibit "A" hereto, into the corporate limits of the City of Ocoee, Florida; and WHEREAS, the Ocoee City Commission has determined that said petition bears the signatures of all owners of the real property proposed to be annexed into the corporate limits of the City ofOcoee, Florida; and WHEREAS, notice of the proposed annexation has been published pursuant to the requirements of Section 171.044(2), Florida Statutes, and Section 5-9(E) of Article V of Chapter 180 of the Code of Ordinances of the City ofOcoee (the "Ocoee City Code"); and WHEREAS, on February 11, 1994, Orange County and the City of Ocoee entered into a Joint Planning Area Agreement, which agreement has from time to time been amended by Orange County and the City of Ocoee (the "JP A Agreement") which affects the annexation of the real property hereinafter described; and WHEREAS, the Planning and Zoning Commission of the City of Ocoee, Florida, has reviewed the proposed annexation and found it to be consistent with the Ocoee Comprehensive Plan, to comply with all applicable requirements of the Ocoee City Code, to be OR LA_ 1606832.1 -1- consistent with the lP A Agreement, and to be in the best interest of the City of Ocoee and has recommended to the Ocoee City Commission that it approve said annexation petition; and WHEREAS, the Ocoee City Commission has the authority, pursuant to Section 171.044, Florida Statutes, to annex said real property into its corporate limits upon petition of the owners of said real property; and WHEREAS, the Ocoee City Commission is desirous of annexing and redefining the boundary lines of the City of Ocoee, Florida, to include said real property. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: Section 1. AUTHORITY. The Ocoee City Commission has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapters 166 and 171, Florida Statutes, and Section 7 of Article 1 of the Charter of the City of Ocoee, Florida. Section 2. PETITION. The Ocoee City Commission hereby tinds that the petition to annex certain lands, as hereinafter described, into the corporate limits of the City of Ocoee, Florida, bears the signatures of all owners of the real property proposed to be annexed into the corporate limits of the City of Ocoee, Florida. Section 3. ANNEXATION. The following described real property located in unincorporated Orange County, Florida, is hereby annexed into the corporate limits of the City of Ocoee, Florida: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE APART HEREOF Section 4. MAP. A map of said land herein described which clearly shows the annexed area is attached hereto as EXHIBIT "B" and by this reference is made a part hereof. Section 5. ANNEXATION TO CENTERLINE OF ROAD. The land annexed pursuant to this Ordinance shall extend to the centerline of any public road right-of-way located adjacent to the real property described on Exhibit" A" attached hereto, provided, however, that the annexation of any such right-of-way shall not serve to transfer any construction, operation or maintenance responsibilities with respect thereto, except to the extent such responsibilities are expressly transferred to and accepted by the City pursuant to an interlocal agreement in accordance with Section 335.0415, Florida Statutes. Section 6. CONSISTENCY FINDING. The Ocoee City Commission hereby finds that the annexation of said land herein described is consistent with the Ocoee Comprehensive Plan and the lP A Agreement, as amended, and meets all of the requirements for annexation set forth in the Ocoee Comprehensive Plan, the lP A Agreement, and the Ocoee City Code. Section 7. CORPORATE LIMITS. The corporate territorial limits of the City of Ocoee, Florida, are hereby redefined to include said land herein described and annexed. ORLA_ 1606832.1 -2- Section 8. OFFICIAL MAPS. The City Clerk is hereby authorized to update and supplement official City maps of the City of Ocoee, Florida, to include said land herein described and annexed. Section 9. LIABILITY. The land herein described and future inhabitants of said land herein described shall be liable for all debts and obligations and be subject to all species of taxation, laws, ordinances, and regulations of the City of Ocoee, Florida, and be entitled to the same privileges and benefits as other areas of the City of Ocoee, Florida. Section 10. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 11. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 12. EFFECTIVE DATE. This Ordinance shall become effective ten (10) days after its passage and adoption. Thereafter, the City Clerk is hereby directed to file a certified copy of this Ordinance with the Clerk of the Circuit Court and the Chief Administrative Officer of Orange County, Florida and with the Florida Department of State within seven (7) days from the effective date. ORLA_1606832.1 ..., -.) - ___ _------..J PASSED AND ADOPTED this _ day of ATTEST: Beth Eikenberry, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY THIS DAY OF ,2010 FOLEY & LARDNER LLP By: ORLA_1606832.1 City Attorney ,2010. APPROVED: CITY OF OCOEE, FLORIDA S. Scott Vandergrift, Mayor ADVERTISED AND READ FIRST TIME ,2010. READ SECOND TIME AND ADOPTED ,UNDER AGENDA ITEM NO. -4- EXHIBIT "A" OR LA_ 1606832.1 -5- EXHIBIT "B" Map of Annexed Area (See attached map) ORLA_1606832.1 -6- THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: Dorothy E. Watson, Esq. FOLEY & LARDNER 111 North Orange Avenue, Suite 1800 Post Office Box 2193 Orlando, FL 32802-2193 (407) 423-7656 AFTER RECORDING RETURN TO: Beth Eikenberry, City Clerk CITY OF OCOEE 150 North Lakeshore Drive Ocoee, Florida 34761 Tax Parcel Identification Number(s): 10-22-28-0000-000-003 10-22-28-0000-000-010 ANNEXATION AGREEMENT (DEEPER LIFE ASSEMBLY) THIS ANNEXATION AGREEMENT (this "Agreement") is made and entered into this _ day of , 20 I 0, by and between the CITY OF OCOEE, a Florida municipal corporation, whose mailing address is 150 North Lakeshore Drive, Ocoee, Florida 34761 (the "City") and INTERNATIONAL CHURCH OF THE FOURSQUARE, a California not-for-profit corporation, whose mailing address is 8825 AD Mims Road, Ocoee, Florida 32816 (the "Owner"). WIT N E SSE T H: WHEREAS, the Owner owns certain real property located in unincorporated Orange County, Florida consisting of approximately 5.3 acres located at 8825 AD Mims Road, Ocoee, Florida 32816, Tax Parcel Identification Number 10-22-28-0000-000-0 10 as more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof (the "Property"); and WHEREAS, pursuant to Section 171.044, Florida Statutes, the Owner has petitioned the City Commission of the City (the "Ocoee City Commission") to voluntarily annex the Property into the corporate limits of the City (the "Petition"); and WHEREAS, Owner has previously obtained from Orange County, Florida (the "County") approval for Phase I of a two (2) phase church facility on the Property; and ORLA_1605569.3 WHEREAS, the Owner constructed Phase I and paid to the County all applicable impact fees in connection therewith; and WHEREAS, subsequent to the construction of Phase I, the owner installed portable buildings (the "Portables") on the Property; WHEREAS, Owner intends to apply for and obtain building permits from the City for Phase 2 at such time as Owner desires to construct Phase 2 on the Property; and WHEREAS, the Planning and Zoning Commission has held a public hearing to review the Petition and at such hearing found the annexation of the Property to be consistent with the Ocoee Comprehensive Plan and Joint Planning Area Agreement between the City and Orange County (the "JP A Agreement"), and has recommended that the Ocoee City Commission annex the Property into the corporate limits of the City; and WHEREAS, the City has required that the Owner execute this Agreement as a condition precedent to the consideration of the Petition by the Ocoee City Commission; and WHEREAS, the Ocoee City Commission has reviewed the proposed annexation and found the proposed annexation to be consistent with the Ocoee Comprehensive Plan and the JP A Agreement and to represent a minimal fiscal and level of service impact on the City; and WHEREAS, the City has determined that the execution of this Agreement is essential to the public health, safety and welfare and the ability of the City to plan for fire, police and transportation services in the vicinity of the Property in accordance with the Ocoee Comprehensive Plan; and WHEREAS, the City has conducted an Annexation Feasibility & Public Facilities Analysis with respect to the annexation of the Property and determined that this Agreement and the annexation of the Property is consistent with the goals, objectives and policies of the Ocoee Comprehensive Plan. WHEREAS, the City and Owner desire to address in this Agreement certain terms and conditions related to the annexation and development 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. Development Approvals. Nothing herein will be construed to grant or waive on behalf of the City any development approvals that may be required in connection with the Owner's future development of the Property. Notwithstanding this Agreement, the Owner must comply with all applicable procedures and standards related to the development of the property in accordance with the then existing applicable requirements of the Ocoee City Code. ORLA_1605569.3 -2- l Section 3. Annexation. Contemporaneous with the execution of this Agreement by the City, the Ocoee City Commission has adopted Ordinance No. for Case No. AX-04-07-20 (the "Annexation Ordinance"), thereby redefining the corporate territorial limits of the City to include the Property. Section 4. Development of the Property. A. The parties hereto acknowledge that Phase 1 has been substantially completed in accordance with plans approved by the County. B. The City agrees that, upon annexation into the City, Owner shall develop the Property in accordance with this Agreement and the list of modifications to the existing improvements attached hereto as Exhibit "8" and incorporated by this reference herein (the "City Required Plan Modifications"). C. The City Required Plan Modifications shall be completed in three segments. The first segment (the "Sixty Day Improvements") shall be completed within sixty (60) days of the City Commission adopting the Annexation Ordinance. The second segment (the "One Hundred Eighty Day Improvements") shall be completed prior to the earlier of (i) one hundred and eighty days from the date of the City Commission adopting the Annexation Ordinance or (ii) completion of development of Phase 2 of the Property. The third segment (the "One Year Improvements") shall be completed prior to the earlier of (i) one (1) year from the date of adoption of the Annexation Ordinance, or (ii) completion of development of Phase 2 of the Property. D. In addition to other remedies set forth herein, Owner's failure to complete a required improvement set forth in the Sixty Day Improvements, One Hundred Eighty Day Improvements or the One Year Improvements within the time periods set forth herein shall be deemed to be a violation of the Ocoee City Code and shall subject the Property to code enforcement action. In addition, the Owner shall not be entitled to receive any building permits on the Property if any City Required Plan Modifications are not completed within the time specified herein. E. In recognition that Phase 1 has been approved in the County prior to annexation, the City hereby approves the Site Plan for Deeper Life Assembly dated July 20, 1998 and stamped Approved Plans Orange County Building Division #B98903269 5/19/2000 (the "County Plans") as modified by the City Required Plan Modifications (the "Approved City Plans"). The City further agrees that so long as the Property is developed in accordance with the Approved City Plans, that it shall be considered to be a legal conforming use and a legal conforming structure under the Ocoee City Code. F. In the event of any conflict(s) between the Approved City Plans and the Ocoee City Code, it is hereby expressly agreed that this Agreement shall constitute a waiver of such conflict(s) and the Approved City Plans shall control. G. In the event Owner develops Phase 2 in the City, Owner shall be required to pay all applicable fees in effect at the time of development which may include, but shall not be ORLA_1605569.3 -3- limited to, building permit fees, police impact fees, fire impact fees, capital charges, and other fees and charges imposed by the City which may be associated with the development of Phase 2. Section 5. Owner Monetary Contribution. A. Fire and Police Fees. As a material inducement to the City to enter into this Agreement, the Owner hereby agrees that the Owner shall contribute to the City the sum of Seven Thousand Two Hundred Eighty-Four and 20/1 00 Dollars ($7,284.20) (the "Fire and Police Monetary Contribution"). The Fire and Police Monetary Contribution constitutes a payment in lieu of police and fire impact fees for Phase I which has already been developed. The Fire and Police Monetary Contribution shall be paid into the following accounts of the City and shall be treated the same as impact fee payments made into such accounts: (a) Fire Impact Fee Account: $4,279.47; and (b) Police Impact Fee Account: $3004.73. The Fire and Police Monetary Contribution shall be paid in full contemporaneously herewith. Police and fire impact fees related to the Portables shall be due and payable, in accordance with the then-current Land Development Code, at the time the Owner applies for the issuance of a building permit for the Portables. B. Transportation Fees. As a material inducement to the City to enter into this Agreement, the Owner hereby agrees that the Owner shall contribute to the City the sum of Eighteen Thousand Six Hundred Ninety Dollars and 50/1 00 Dollars ($18,690.51) (the "Transportation Monetary Contribution"). The Transportation Monetary Contribution constitutes a payment in lieu of transportation/road impact fees for Phase 1 and the Portables. The Transportation Monetary Contribution shall be paid into the Road Impact Fee Account and shall be treated the same as impact fee payments into such account. The Transportation Monetary Contribution shall be paid in an initial installment of Eighteen Three Thousand Seven Hundred Thirty-Eight and 11/100 Dollars ($3738.11) (the "Initial Installment") and four subsequent annual installments of Three Thousand Seven Hundred Thirty-Eight and 10/1 00 Dollars ($3738.10) (the "Annual Installments") each beginning in 2011. Owner shall pay the Initial Installment at the time the Owner applies for the issuance of a building permit for the Portables and shall pay each of the four Annual Installments on the anniversary of that date which is one hundred eighty (180) days after the Effective Date. C. Road Impact Fee Credits. If Owner provides for the removal of the Portables in a site plan which is approved for the Property by the City within five years of the Effective Date, then, upon obtaining a building permit for vertical improvements pursuant to such plan, the Owner (i) shall be entitled to road impact fee credits in an amount equal to the Transportation Monetary Contribution to the extent that the Transportation Monetary Contribution has already been paid to the City (the "Road Impact Fee Credits") and (ii) shall be relieved of its obligation to make further Transportation Monetary Contribution installment payments to the City. The Road Impact Fee Credits may be used only towards the payment of road impact fees associated with the development of the Property and are not transferrable to any other property and are not redeemable for cash or other monetary consideration. All road impact fees related to Phase 2 or subsequent phases shall be due and payable at the time of Owner's application for the necessary building permits for that particular phase in accordance with the then-current Land Development Code less any Road Impact Fee Credits which may apply. ORLA_1605569.3 -4- Section 6. Grant of Easement to City for Emere;ency Services. A perpetual, non- exclusive access easement over all internal roadways and other paved areas within the Property is hereby granted to the City and other applicable authorities for law enforcement, fire and other emergency services. Section 7. Ae;reement Runs with the Land. In consideration of the City providing water service to the Property prior to annexation, the Owner and the City acknowledge and agree that this Agreement is irrevocable and, further, this Agreement and all other rights and obligations of the parties hereunder are intended to and shall run with the Property, and shall bind, and inure to the benefit of, the parties hereunder and their respective successors in title. Section 8. Revresentations by Owner. The Owner hereby warrants and represents to the City that the Owner currently owns fee title to the Property and has full power and authority to enter into this Agreement and that the Property is free and clear of all liens and encumbrances, except for the lien of the mortgage referenced in the Joinder, Consent and Subordination attached hereto. Section 9. Notices. Any notice required to be given hereunder shall be in writing and shall be delivered in person or by certified mail, postage paid, return receipt requested as follows. If such notice is to be given to the City, such shall be given at the address set forth above. If such notice is to be given to the Owner, such shall be given at the address shown in the tax collector's records for the Tax Parcel Identification Numbers set forth above with a copy to Marcia Cyrus Langlois, Esq., Post Office Box 608274, Orlando, FL 32810. Any notice, direction or other communication delivered or mailed, as directed above shall be deemed to be delivered as of three (3) days after the date of mailing or, if delivered personally, when received. Section 10. Indemnification. The Owner hereby agrees to indemnify and save the City harnlless from and against all losses, costs, expenses, claims, damages, judgments, liabilities and causes of action whatsoever (collectively, "Claims") including reasonable attorneys' fees and paralegal fees both at trial and at appellate levels, arising out of or alleged to have arisen out of this Agreement or been occasioned, in whole or in part, by the exercise of the City of its rights granted hereunder. The Owner shall use its best efforts to promptly notifY the City in writing of any Claims and shall provide the City with information regarding the Claims as the City may reasonably request, but the failure to give such notice or provide such information shall not diminish the Owner's obligations under this Section. Section 11. Recordine;. The Owner acknowledges and agrees that the City shall record this Agreement in the Public Records of Orange County, Florida, and the Owner agrees to pay all costs associated therewith. Section 12. Further Documentation. The parties agree that at any time following a request therefor by the other party, each shall execute and deliver to the other party such further documents and instruments, in form and substance reasonably necessary to confirm and/or effectuate the obligations of either party hereunder. Section 13. Miscellaneous. ORLA_1605569.3 -5- A. ANY FUTURE OWNERS OF THE PROPERTY SHALL TAKE TITLE TO THE PROPERTY SUBJECT TO THIS AGREEMENT AND BY ACCEPTING A DEED OF CONVEYANCE TO THE PROPERTY, AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. B. The Property shall be deemed a single parcel and any subparcels of the Property which are created by subdivision or by any other means shall be subject to the terms and conditions of this Agreement, subsequent sale and individual ownership notwithstanding. C. The Effective Date of this Agreement shall be the Effective Date of the Annexation Ordinance. D. This Agreement may not be modified or amended, or any term or provision hereof waived or discharged except in writing, in recordable form, signed by the parties hereto, or their respective successors and assigns. Any such modification or amendment shall not be effective until recorded in the Public Records of Orange County, Florida. E. This Agreement shall be construed and enforced in accordance with, and governed by, the laws of the State of Florida. F. All of the terms of this Agreement, whether so expressed or not, shall be binding upon the respective successors, assigns and legal representatives of the parties hereto and shall inure to the benefit of and be enforceable by the parties hereto and their respective successors, assigns and legal representatives. G. The headings of this Agreement are for reference only and shall not limit or otherwise affect the meaning thereof. H. In the event the either party institutes a legal proceeding against the other party, to enforce the terms of this Agreement or for breach of any of the terms, conditions or covenants of this Agreement or in the event of any litigation between the parties which arises out of this Agreement, the prevailing party shall be entitled to recover from the other party its reasonable attorneys' fees, paralegal fees and costs, both at the trial and appellate levels; provided, however, that notwithstanding the foregoing and without regard to the prevailing party, the Owner shall bear its own attorneys' fees and costs and shall reimburse the City for its attorneys' fees and costs in connection with any proceeding in which the Owner seeks to challenge the validity or enforceability of any provision of this Agreement. I. In the event a third party institutes a legal proceeding against the City and/or the Owner, regarding the enforceability of this Agreement or any other matters arising out of or related to this Agreement or the provision of water service, and such third party prevails, then in such event the Owner shall pay all costs, fees, charges, and expenses of the City relative thereto, including but not limited to attorneys' fees and paralegal fees at both the trial and appellate levels. 1. 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. ORLA_1605569.3 -6- K. This Agreement embodies and constitutes the entire understandings of the parties with respect to the subject matter hereof and all prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement. L. Time is hereby declared of the essence to the lawful performance of the duties and obligations contained in this Agreement. M. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original but all of which together shall constitute one and the same instrument. N. If any word, sentence, phrase, paragraph, provision, or portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereof so long as the purpose and intent of this Agreement can still be achieved. O. The attached Exhibits are part of this Agreement as though fully set forth in this Agreement. ORLA_1605569.3 - 7- IN WITNESS WHEREOF, the City has caused this Agreement to be executed as of the day and year first written above. "CITY" Signed, sealed and delivered in the presence of: CITY OF OCOEE, a Florida municipal corporation Signature By: Print/Type Name S. Scott Vandergrift, Mayor Signature Attest: Beth Eikenberry, City Clerk Print/Type Name (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEG ALITY This _ day of ,2010 FOLEY & LARDNER LLP APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON ,2010 UNDER AGENDA ITEM NO. By: City Attorney ORLA_1605569.3 -8- STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared S. SCOTT VANDERGRIFT and BETH EIKENBERRY, personally known to me to be the Mayor and City Clerk, respectively, of the CITY OF OCOEE, a Florida municipal corporation, and that they severally acknowledged executing the same on behalf of said municipality in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said municipality. WITNESS my hand and official seal in the County and State last aforesaid this _ day of ,2010. Signature of Notary Name of Notary (Type, Printed or Stamped) Commission Number (if not legible on seal): My Commission Expires (if not legible on seal): ORLA_1605569.3 -9- 1- IN WITNESS WHEREOF, the Owner has caused this Agreement to be duly executed the _ day of ,2010. "OWNER" Signed, sealed and delivered in the presence of: INTERNATIONAL CHURCH OF THE FOURSQUARE, a California not-for-profit corporation Signature Print/Type Name By: Name: Title: Signature Print/Type Name By: Name: Title: (CORPORATE SEAL) STATE OF COUNTY OF I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared and as and , respectively of INTERNATIONAL CHURCH OF THE FOURSQUARE, a California not-for-profit corporation, who [ ] are personally known to me or [ ] produced as identification, and that they acknowledged executing the foregoing instrument on behalf of said corporation in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said corporation, and that the seal affixed hereto is the true corporate seal of said corporation. WITNESS my hand and official seal in the County and State last aforesaid this _ day of ,2010. Signature of Notary Name of Notary (Type, Printed or Stamped) Commission Number (ifnot legible on seal): My Commission Expires (if not legible on seal): ORLA_1605569.3 -10- ~ EXHIBIT" A " The "Property" ORLA_1605569.3 -11- EXHIBIT "B" The "City Required Plan Modifications" Sixty Dav Improvements 1) Paint all light poles and light fixtures currently on the property black. 2) Provide solid metal gates for the dumpster enclosure that are painted black. 3) Submit a small scale site plan for the relocation and placement of the portables and a landscaping plan for the existing church building, parking area, and portables. The landscape plan must achieve a uniformed landscape design. 4) Submit an irrigation plan for all existing landscaped areas not provided with irrigation and for the proposed landscaping. 5) Submit a plan showing, new siding, surface materials, or paint on the exterior of all four sides of the existing and proposed buildings along with a decorative trim around all windows and doors to provide an architecturally cohesive look. 6) Submit a building permit for the portables to be reviewed concurrently with the small scale site plan. 7) Existing single-family residence must comply with chapter 108 of "Minimum Standards Codes". One Hundred Eie;hty Dav Improvements I) Must have received Certificate of Occupancy (CO) for five (5) portables. 2) Provide screening around all of the A/C units to screen them from view with either masonry walls or landscaping. 3) Provide landscaping around the existing church building, parking area, and portables; achieving a uniformed landscape design. 4) Provide a row of ligustrum trees and/or crepe myrtle trees behind the viburnum shrubs along the frontage of A.D. Mims Road. 5) Provide an underground irrigation system for all landscaping on the property for all existing and proposed landscaping. One Year Improvements 1) Connection to City of Ocoee Potable Water. 2) Provide new siding, surface materials, or paint on the exterior of all four sides of the existing buildings along with a decorative trim around all windows and doors to provide an architecturally cohesive look. ORLA_1605569.3 -12-