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Item #03 Approval of Terminating the 1987 Stipulation and Settlement Agreement between Orange County and the City of Ocoee Relating to Sawmill Subdivision ocoee florlda AGENDA ITEM COVER SHEET Meeting Date: January 3, 2017 Item # ,3 Reviewed By: Contact Name: Michael Rumer, Cit Department Director: Planner Contact Number: 407-905-3100 ext. 1018 City Manager: Subject: Termination of 1987 Stipulation and Settlement Agreement betwee Orange County and the City of Ocoee relating to Sawmill Subdivision Commission District#4—Joel Keller Background Summary: In 1987, Orange County filed an action against the City of Ocoee with respect to various development issues relating to the Sawmill Subdivision ("Sawmill"). The litigation resulted in a Stipulation and Settlement Agreement ("Settlement Agreement") between the parties that was accepted by the Court on August 7, 1987. This Settlement Agreement prohibited the City from allowing a portion of Sawmill to develop at a level more intense than "one dwelling unit per acre." Over the years the City and County have agreed to amend the Settlement Agreement on two occasions to allow more intense development on certain lots in Sawmill. Recently, the City received and reviewed a Lot Split Plan Approval Application for Lot 17 of Sawmill Phase 1. Since Lot 17 is limited to one dwelling unit per acre pursuant to the Settlement Agreement, City staff began working with Orange County staff to prepare an amendment to the Settlement Agreement. Upon review of the historical data and the proposed amendment relating to Lot 17, City and County staff agreed that the Settlement Agreement is no longer necessary. Termination of the Settlement Agreement was deemed to be the preferred course of action. The attached Termination of Stipulation and Settlement Agreement ("Termination") results from that discussion. Once executed by the City and the County, the Termination will be filed in the official records at the City's expense. The proposed Termination will not be filed with the Circuit Court, the effectiveness of this Termination is not conditioned upon acceptance by the Circuit Court, and the termination of the Settlement Agreement will have no effect upon the Joint Planning Area Agreement between the City and the County. Issue: Should the Honorable Mayor and City Commission approve for execution by the City Attorney the Termination of Stipulation and Settlement Agreement? Recommendations The City Attorney and City staff recommend the City Commission approve and the City Attorney execute the Termination of Stipulation and Settlement Agreement. Attachments: Termination of Stipulation and Settlement Agreement Location Map Financial Impact: $27.00 to record Termination Type of Item: (please mark with an 'k') Public Hearing For Clerk's Dept Use: Ordinance First Reading x Consent Agenda Ordinance Second Reading - Public Hearing Resolution Regular Agenda x Commission Approval Discussion&Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney Dana '='q:..by-Collier, Asst. City Atty. N/A Reviewed by Finance Dept. 1, N/A Reviewed by 0 N/A 2 IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA ORANGE COUNTY, a political subdivision of the State of Florida, Petitioner, v. CASE NOS. CI-87-3208 87-3209 CITY OF OCOEE, a municipal 87-3210 corporation, 87-3211 Respondent. / TERMINATION OF STIPULATION AND SETTLEMENT AGREEMENT Petitioner, ORANGE COUNTY, FLORIDA, and Respondent, CITY OF OCOEE, FLORIDA, entered into that certain Stipulation and Settlement Agreement, which is dated August 7, 1987, and was approved by the Orange County Board of County Commissioners, the Ocoee City Commission, and the Circuit Court, and was amended by that First Amendment and Second Amendment thereto (Stipulation and Settlement Agreement recorded at Official Records Book 4195, Page 2107, Public Records of Orange County, Florida; First Amendment recorded at Official Records Book 5752, Page 2092, Public Records of Orange County, Florida; Second Amendment not recorded (collectively, the "Original Agreement")). The City has received and reviewed a Lot Split Plan Approval Application for property within the area covered by the Original Agreement (specifically, Lot 17 of Sawmill Phase 1, as recorded in Plat Book 23, Pages 32 through 35, Public Records of Orange County, Florida), Termination of 1987 Stipulation and Settlement Agreement between Ocoee and Orange County which property is limited to one dwelling unit per acre pursuant to the Original Agreement and which property is within the municipal boundaries of the City. The City and County have determined that the Original Agreement is no longer necessary, the purposes for which it was entered have been fulfilled, and it is in the best interests of the City and of the County to now Terminate the Original Agreement, so that the City may determine the permissible density on property, including Lot 17 of Sawmill Phase I, within its municipal boundaries. Therefore, the County and the City, for good and valuable mutual consideration, the receipt of which is hereby acknowledged, agree to Terminate the Original Agreement as follows: 1. The foregoing recitals are true and correct and are incorporated herein by this reference and made a part hereof. 2. The City and County hereby release, repeal, cancel, terminate, and rescind the Original Agreement and declare that all the rights and privileges contained therein are of no further force and effect. 3. Although the Original Agreement was executed in settlement of four cases in litigation between the City and the County, the cases have long since been closed. Accordingly, the City and the County agree that this Termination will not be filed with the Circuit Court and the effectiveness of this Termination shall not be conditioned upon acceptance by the Circuit Court. 4. Termination of the Original Agreement shall have no effect upon the Joint Planning Area Agreement by and between Orange County and the City of Ocoee. 2 Termination of 1987 Stipulation and Settlement Agreement between Ocoee and Orange County 5. This Termination shall become effective upon the date of approval by the Board of County Commissioners or the date of approval by the City Commission, whichever date is later, and shall subsequently be recorded in the Official Records of Orange County, Florida, by the City at the City's expense. 6. By their approval on the following dates: (City), and (County), the respective commissions authorize legal counsel to execute this Termination. Jeffrey J. Newton, Esquire Scott Cookson, Esq. County Attorney Shuffield, Lowman& Wilson, P.A. Orange County Attorney's Office 1000 Legion Place, Suite 1700 201 S. Rosalind Avenue, 3rd Floor Orlando, Florida 32801 Orlando, Florida 32801 Phone: 407-581-9800 Phone: 407-836-7320 Attorney for the City of Ocoee Attorney for Orange County Date: Date: 3 , < r r • v -in- Li E __o 6 %FNEZirrna 1 illelPP k■ NM pin m _ v t "Ai coo. � C $2 m .dik 051 I o ar NA lip NI.Potill a 0,,, ig I mg1 ''' "SA A I 2 I ill 10 s$ .1 KA A � M • a Q Q WO o ■ 1 L c L rt AtA