Item VII (E) Public Hearing - Case No 2-14AR-92: Ravndal (2) Annexation Agreement AGENDA 12-15-92
Item VII E 2
I
k.
. ANNEXATION AGREEMENT
(Case No. 2-14 AR-92: RAVNDAL)
THIS ANNEXATION AGREEMENT ("this Agreement") is made and
entered into as of the day of December, 1992, by and
between ERIC RAVNDAL AND FLORENCE T. RAVNDAL, whose mailing
address is 2163 Countryside Court, Orlando, Florida 32804
(hereinafter referred to as the "Owner") and the CITY OF OCOEE, a
Florida municipal corporation, whose mailing address is 150 North
Lakeshore Drive, Ocoee, Florida 34761 (hereinafter referred to as
the "City") .
WITNESSET H:
WHEREAS, the Owner owns fee simple title to certain lands
located in unincorporated Orange County, Florida, said lands being
more particularly described in Exhibit "A" attached hereto and by
this reference made a part hereof (hereinafter referred to as the
"Land") ; and
WHEREAS, the Owner has petitioned the City for the
voluntary annexation of the Land into the corporate limits of the
City of Ocoee pursuant to the provisions of Section 171.044,
Florida Statutes ("the Petition") ; and
WHEREAS, the Planning and Zoning Commission has held a
public hearing to review the Petition and at such hearing found the
annexation of the Land to be consistent with the Ocoee
Comprehensive Plan, including the Future Land Use Map, and has
recommended that the City Commission of the City of Ocoee annex the
Land into the corporate limits of the City of Ocoee; and
WHEREAS, the City has required that the Owner execute
this Agreement as a condition precedent to the consideration of the
Petition by the City Commission of the City of Ocoee; and
WHEREAS, the City has determined that the execution of
this Agreement is essential to the public health, safety and
welfare and the ability of the City to plan for necessary
infrastructure improvements and the provision of municipal services
to the Land in accordance with the requirements of the Ocoee
Comprehensive Plan; and
WHEREAS, the City has determined that, subject to the
terms, conditions and limitations hereinafter set forth, it is
feasible to extend to the Land municipal services such as police
protection, fire protection, sewer and water services, trash and
garbage removal and street and storm drainage maintenance, such
services to be extended on the same terms and conditions afforded
to all property owners within the City except to the extent set
forth in this Agreement; and
WHEREAS, the annexation of the Land is contemplated by
the supporting data prepared by the City in connection with the
adoption of the Ocoee Comprehensive Plan; and
WHEREAS, the City has conducted an impact study with
respect to the annexation of the Land and determined that this
Agreement and the annexation of the Land is consistent with the
goals, objectives and policies of the Ocoee Comprehensive Plan.
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
PAUL E. ROSENTHAL, ESQ.
FOLEY & LARDNER
P.O. BOX 2193
ORLANDO, FL 32802-2193
(407) 423-7656 1
NOW, THEREFORE, in consideration of the premises and
other good and valuable considerations exchanged between the
parties hereto, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto agree as follows:
Section 1. Recitals. The above recitals are true and
correct and are incorporated herein by reference.
Section 2. Sanitary Sewer (County) .
(A) The Owner hereby acknowledges that it has been
advised by the City that the Land is located within the Orange
County Sewer Service Territory pursuant to the terms of that
certain Orange County/Prima Vista Utility Company, Inc. Sewer
Service Territorial Agreement, dated June 8, 1987 as recorded in
Official Records Book 3894, Page 1363, Public Records of Orange
County, Florida ("the Sewer Territorial Agreement") and that as a
result thereof the Owner must, unless otherwise advised in writing
by the City, look exclusively to Orange County ("the County") for
sanitary sewer capacity in connection with the development of the
Land. The City has made no warranty or representation regarding
the requirements (including impact and connection fees) which may
be imposed by the County in order to obtain sanitary sewer capacity
for the Land or the availability or feasibility of obtaining
sanitary sewer service or capacity from the County. It may be
necessary for the Owner to enter into a separate developer
agreement with the County in order to obtain sanitary sewer
service.
(B) The Owner acknowledges that the County may not
be in a position to extend sanitary sewer service to the Land when
the Owner is ready at some future date to proceed with the
development of the Land and that the Owner may be required by the
City and/or the County to make significant capital contributions in
order to have the County extend sanitary sewer service to the Land,
all at the sole cost and expense of the Owner.
(C) Subject to the provisions of Paragraph 1 of the
Special Conditions set forth in Exhibit "C", the Owner agrees that
the Land will not be developed without the approval of the City,
which approval may be granted or withheld in the City's sole
discretion, through the utilization of (i) a private sanitary sewer
system or "package plant", whether temporary or permanent, or (ii)
septic tanks.
(D) Notwithstanding the provisions of subparagraph
(A) above, in the event the Sewer Territorial Agreement is amended,
terminated, or otherwise found to be or becomes inapplicable to the
Land or expires by its own terms, then the Owner shall be required
to connect any and all structures now or hereafter located on the
Land to the City sanitary sewer system (even if previously
connected to the County Sanitary Sewer System) within ninety (90)
days of receipt of a written request to do so from the City. The
City makes no warranty or representation regarding the sewer impact
and connection fees which may be imposed by the City in connection
with any such connection to the City sanitary sewer system.
Section 3. Potable Water (County) .
(A) The Owner hereby acknowledges that it has been
advised by the City that the Land is located within the Orange
County Water Service Territory pursuant to the terms of that
certain Orange County/City of Ocoee Water Territorial Agreement,
dated November 14, 1988 as recorded in Official Records Book 4034,
Page 291, Public Records of Orange County, Florida ("the Water
Territorial Agreement") and that as a result thereof the Owner
must, unless otherwise advised in writing by the City, look
exclusively to Orange County ("the County") for potable water
capacity in connection with the development of the Land. The City
has made no warranty or representation regarding the requirements
(including impact and connection fees) which may be imposed by the
County in order to obtain potable water capacity for the Land or
the availability or feasibility of obtaining potable water service
or capacity from the County. It may be necessary for the Owner to
enter into a separate developer agreement with the County in order
to obtain potable water service.
(B) The Owner acknowledges that the County may not
be in a position to extend potable water service to the Land when
the Owner is ready at some future date to proceed with the
development of the Land and that the Owner may be required by the
City and/or the County to make significant capital contributions in
order to extend potable water service to the Land, all at the sole
cost and expense of the Owner.
(C) The Owner agrees that the Land will not be
developed through the utilization of private wells except in the
event of development consistent with the use regulations and
minimum zoning descriptions on permitted uses from time-to-time
established by the City of Ocoee for A-1, Agricultural, zoning
districts, and then only to the extent permitted by the Ocoee Land
Development Code and other applicable laws, statutes, ordinances,
rules and regulations.
(D) Notwithstanding the provisions of subparagraph
(A) above, in the event the Water Territorial Agreement is amended,
terminated, or otherwise found to be or becomes inapplicable to the
Land or expires by its own terms, then the Owner shall be required
to connect any and all structures now or hereafter located on the
Land to the City of Ocoee potable water system (even if previously
connected to the County potable water system) within ninety (90)
days of receipt of a written request to do so from the City. The
City makes no warranty or representation regarding the water impact
and connection fees which may be imposed by the City in connection
with any such connection to the City potable water system.
Section 4. Predevelopment Drainage. In connection with
the development of the Land or any portion thereof, the Owner
agrees to accommodate any upstream/upbasin predevelopment drainage
flows within the master drainage plan of the Land or any portion
thereof.
Section 5. provision of Municipal Services.
(A) The City has advised the Owner that the City is
not currently in a position to provide infrastructure improvements
and urban municipal services to the Land and does not anticipate
being in such a position for at least seven (7) years.
Notwithstanding any provision contained herein to the contrary or
the zoning classification which may from time-to-time be granted to
the Land, the Owner hereby acknowledges and agrees that
infrastructure improvements and urban municipal services shall not
be provided by the City to the Land for at least seven (7) years.
As a condition for the issuance of a Final Development Order (as
defined in Article II of the Ocoee Land Development Code) , the City
may require that the Owner enter into a separate agreement with the
City with respect to the provision of infrastructure improvements
and urban municipal services to the Land. Subject to the
provisions of the following section entitled Acceleration of
Development Plans, until such time as the City determines (but no
earlier than seven (7) years from the date hereof) that
infrastructure improvements and urban municipal services are
available to the Land in order to support development of the Land
consistent with the Ocoee Comprehensive Plan and the zoning
classification from time-to-time given to the Land, the Owner
covenants and agrees that, notwithstanding the zoning
classification from time-to-time given to the Land, the Land shall
be developed only (i) with due regard and recognition to the fact
that only rural services will be provided to the Land, and (ii) in
a manner consistent with the use regulations and minimum zoning
descriptions on permitted uses from time-to-time established by the
City of Ocoee for A-1, General Agricultural, zoning districts and
then only to the extent consistent with the terms and conditions of
this Agreement and permitted by the Ocoee Land Development Code and
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other applicable laws, statutes, ordinances, rules and regulations.
The City represents and the Owner acknowledges that, as of the date
hereof, the City is only in a position to provide rural services in
connection with any development of the Land.
(B) For the purposes of this Agreement, the
following definitions and descriptions shall apply:
(i) "Rural services" means those non-urban
services typically provided to agricultural
uses in a City of Ocoee A-1, General
Agricultural, zoning district. Such non-urban
services do not include sanitary sewer and
potable water services. Additionally, lands
receiving only rural services will typically
have unpaved roads and will be subject to
longer police and fire response times than
those lands receiving urban municipal
services. Lands receiving only rural services
will not initially receive municipal benefits
commensurate with those benefits received by
lands receiving urban services.
(ii) "Urban municipal services" or "urban services"
means those services typically provided to
residential, commercial and industrial uses
permitted in City of Ocoee Residential,
Commercial and Industrial Districts,
respectfully. Land receiving urban municipal
services will typically have paved roads,
urban response times for police and fire
services, and street lighting. Sanitary sewer
and potable water services will also typically
be available for extension to lands receiving
urban services. A subdivision of land (as
defined in the Ocoee Land Development Code)
will be allowed only if urban municipal
services are available. Lands receiving urban
services will receive municipal benefits
commensurate with those benefits received by
urban developed lands located within the
corporate limits of the City.
C. Nothing contained herein shall be construed to
obligate the City to extend to the Land, at the City's expense,
infrastructure improvements such as roads, utilities, and sewer and
water lines or to provide police and fire protection consistent
with the standards established for urban development.
D. The parties hereto acknowledge and agree that
the annexation of the Land at this time will allow the City to plan
for the future extension of urban municipal services to the Land in
a manner consistent with the Ocoee Land Development Code and other
applicable policies of the City.
Section 6. Acceleration of Development Plans.
Nothing contained herein shall be construed to preclude the owner
from submitting to the City a plan for development of the Land in
advance of the time schedule set forth in this Agreement. This
City may accept or reject any such plan in its sole discretion. In
the event any such plan is accepted by the City, then this
Agreement will be amended to reflect the responsibilities and
obligations of both the Owner and the City under any such plan.
Section 7. Compliance with Land Development Code. The
Owner shall comply with the provisions of the Ocoee Land
Development Code, as it may from time to time be amended. Nothing
contained in this Agreement shall be construed to grant vested
rights with respect to or exempt the Owner from complying with the
provisions of Article IX, Concurrency, of the Ocoee Land
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Development Code in connection with the development of the Land.
Nothing contained herein shall be construed to limit the right of
the City to prescribe other conditions on the development of the
Land in accordance with applicable City ordinances, including but
not limited to the Ocoee Comprehensive Plan and Ocoee Land
Development Code, in effect at the time of development of the Land
or a portion thereof.
Section 8. Acceptance of Reclaimed Water. Within
ninety (90) days of receipt of written request from the City, the
Owner agrees to execute in favor of the City an easement for the
flow, distribution, delivery and spraying of reclaimed water over,
under, upon and through all rights-of-way, common areas and
subdivision lots within the Land. Such easement shall be in form
prepared by the City; provided, however, that such easement shall
only include provisions typically required by the City in similar
easement agreements. The use by the City of any portion of the
Land for such purposes shall be in accordance with all applicable
laws, statutes, ordinances, rules and regulations.
Section 9. Special Conditions. The Owner and the City
further agrees to those special conditions set forth in Exhibit "C"
attached hereto and by this reference made a part hereof.
Section 10. Authority: Liens and Mortgages. The Owner
warrants and represents to the City that it has full and complete
power and authority to execute this Agreement and that there are no
liens or mortgages against the Land except as set forth in Exhibit
"D" attached hereto and by this reference made a part hereof.
Owner agrees to use its best efforts to promptly provide the City
with a joinder and consent to this Agreement executed by the
holders of the liens and mortgages listed on Exhibit "D" hereto.
Section 11. Conditions to Effectiveness of Agreement.
All obligations, rights and duties of the Owner and the City under
this Agreement are conditioned upon the annexation of the Land by
the City of Ocoee. In the event the City does not annex the Land
on or before December 31, 1992, then this Agreement shall be
automatically terminated and shall be null and void and of no
further force and effect.
Section 12. Notice. Any notice delivered with respect
to this Agreement shall be in writing and be deemed to be delivered
(whether or not actually received) when (A) hand delivered to the
person hereinafter designated, or (B) upon receipt of such notice
when deposited in the United States Mail, postage prepaid,
certified mail, return receipt requested, addressed to the person
at the address set forth opposite the party's name below, or such
other address or to such other person as the party shall have
specified by written notice to the other party delivered in
accordance herewith:
Owner: Eric Ravndal and Florence T. Ravndal
c/o Eric Ravndal, III
102 Wisteria Drive
Longwood, Florida 32779
City: City of Ocoee
City Hall
150 North Lakeshore Drive
Ocoee, Florida 34761
Attention: City Manager
Section 13. Covenant Running with the Land. This
Agreement shall be binding, and shall inure to the benefit of the
heirs, legal representatives, successors and assigns of the
parties, and shall run with the Land and be binding upon the heirs,
legal representatives, successors and assigns of the Owner and upon
any person, firm, corporation or entity who may become the
successor in interest, directly or indirectly, to the Land.
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Election 14. Recordation of Agreement. The parties
hereto agree that an executed original of this Agreement shall be
recorded, at the City's expense, in the Public Records of Orange
County, Florida. The City will, from time to time upon request of
the Owner, execute and deliver letters affirming the status of this
Agreement.
Section 15. Applicable Law. This Agreement and the
provisions contained herein shall be construed, controlled, and
interpreted according to the laws of the State of Florida.
Section 16. Time of the Essence. Time is hereby
declared of the essence to the lawful performance of the duties and
obligations contained in this Agreement.
Section 17. Agreement: Amendment. This Agreement
constitutes the entire agreement between the parties, and
supersedes all previous discussions, understandings and agreements,
with respect to the subject matter hereof. Amendments to and
waivers of the provisions of this Agreement shall be made by the
parties only in writing by formal amendment.
Section 18. Severability. If any sentence, phrase,
paragraph, provision or portion of this Agreement is for any reason
held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the
validity of the remaining portion hereof.
Section 19. Further Documentation. The parties agree
that at any time following a request therefor by the other party,
each shall execute and deliver to the other party such further
documents and instruments, in form and substance reasonably
necessary to confirm and/or effectuate the obligations of either
party hereunder and the consummation of the transactions
contemplated hereby.
Section 20. Specific Performance. Both the City and the
Owner shall have the right to enforce the terms and conditions of
this Agreement by an action for specific performance.
Section 21. Attorneys' Fees. In the event that either
party finds it necessary to commence an action against the other
party to enforce any provision of this Agreement or because of a
breach by the other party of any terms hereof, the prevailing party
shall be entitled to recover from the other party its reasonably
attorneys' fees, legal assistants fees and costs incurred in
connection therewith, at both trial and appellate levels, including
bankruptcy proceedings, without regard to whether any legal
proceedings are commenced or whether or not such action is
prosecuted to judgment.
Section 22. Counterparts. This Agreement may be
executed in any number of counterparts, each of which shall be
deemed to be an original but all of which together shall constitute
one and the same instrument.
Section 23. Construction Agreement.
(A) Captions of the Sections and Subsections of this
Agreement are for convenience and reference only, and the words
contained therein shall in no way be held to explain, modify,
amplify or aid in the interpretation, construction or meaning of
the provisions of this Agreement.
(B) This Agreement shall not be construed more strictly
against one party than against the other merely by virtue of the
fact that it may have been prepared by counsel for one of the
parties, it being recognized that all parties have contributed
substantially and materially to the preparation hereof.
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IN WITNESS WHEREOF, the Owner and the City have caused
this instrument to be executed as of the day and year first above
written.
CITY:
Signed, sealed and delivered CITY OF OCOEE,
in the presence of: a Florida municipal corporation
Print Name:
By:
S. SCOTT VANDERGRIFT, Mayor
Print Name:
Attest:
JEAN GRAFTON, City Clerk
(SEAL)
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FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
APPROVED AS TO FORM AND LEGALITY
this day of , 1992.
FOLEY & LARDNER APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING
HELD ON , 1992
By: UNDER AGENDA ITEM NO. •
City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State and County aforesaid to take
acknowledgements, personally appeared S. SCOTT VANDERGRIFT and JEAN
GRAFTON, personally known to me to be the Mayor and City Clerk,
respectively, of the CITY OF OCOEE, a Florida municipal
corporation, and that they severally acknowledged executing the
same in the presence of two subscribing witnesses freely and
voluntarily under authority duly vested in them by said
municipality and that they did not take an oath.
WITNESS my hand and official seal in the County and State
last aforesaid this day of , 1992.
Signature of Notary
Name of Notary (typed,Printed or stamped)
Commission Number(f not legible on seal):
My Commission Expires(if not legible on seal):
8
Signed, sealed and delivered OWNER:
in the presence of:
--CR i eA v i:441,----14-4_4„,
Print Na c �c:7 Eric Ravndal
L
4t IA,
Print Name: Win,C t 4N 6 fL L- Ili Florence T. Ravndal
STATE OF F RIDA
COUNTY OF ik(
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 before me ERIC
RAVNDAL, who [X] is personally known to me, or [ ] who produced
as
identification, and who acknowledged that he executed the foregoing
instrument freely and voluntarily for the uses and purposes
expressed therein.
WITNESS my hand and official eal 0 the County and State
last aforesaid this 2411 day of CQIh/Lt'_AJ , 1992.
7/-_,(Ateoe(dea.ccA./
Signature of Notary
Annette B. Weidner
Name of Notary (Typed,printed or Stamped)
Commission Number(if not legible on seal):
My Commission Expires(if not legible oa seal):Al`k ,./ ..7,3
STATE OF F RIDA
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State aforesaid and in the County aforesaid,
to take acknowl dgements, personally appeared before me FLORENCE T.
RAVNDAL, who ] is personally known to me, or [ ] who produced
as
identification, and who acknowledged that she executed the
foregoing instrument freely and voluntarily for the uses and
purposes expressed therein.
WITNESS my h n and official ealthe County and State
last aforesaid this day of tat- , 1992.
ikt-Ttt--y , if_)_e_fe(te t„,)
Signature of Notary
Annette B. Weidner _
Name of Notary (Typal,printed or Stamped)
Commission Number(if not legible on seal):
My Commission Expires(if not legible on seal): it(r.,1—'31)/ff
9
SKETCH OF DESCRIPTION
DESCRIPTION
EXHIBIT "A"
The Northwest 1/4 of Section 4, Township 22 South, Range 28 East,
Orange County, Florida, inclusive of Lots 1, 2 and 3, Emma A. Stieff
Subdivision, as recorded in Plat Book 0, Page 106, Public Records of
Orange County, Florida, less road rights of-way' , More particularly
described as:
Begin at the Northwest corner of said Northwest 1/4 run thence
N87'18'50"E, along the North line of said Northwest 1/4, a distance of
2654.00 feet to the Northeast corner of said Northwest 1/4; thence
S00'50'42"E, along the East line of said Northwest 1/4, a distance of
2687.10 feet to the Southeast corner of said Northwest 1/4; thence
S87'10'00"W, along the South line of said Northwest 1/4, a distance of
2694.00 feet to the Southwest corner of said Northwest 1/4; thence
N00'00'00"W, along West line of said Northwest 1/4, a distance of
2695.60 feet to the Point of Beginning.
Contains 165.07 acres more or less.
N
NOT PLATTED
32 33 rd 87'18'50" E 2654.00
7-\ PQ B. NORTH LINE OF NW I 4= NE CORNER
NW CORNER NW 1 ,4
NW 1/4
SEC. 4-22-28 °
T
2-14AR-92: RAVNDAL
(' / F
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OCO£6 - CLARCONA ROA o
z
o �
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.3 2 1
a EMMA A. STI EFF o 3
oa SUBDIVISION U
z P.B. C, PC. 106 0
rn
LAKE MEADOW J
SKoul uxr err>etnrArs
'EXHIBIT A"
S CORNER
SW CORNER
ei NW 1/4
87'10'00" W 204.00'
SOUTH LINE OF NW 1/4 =
THIS SKETCH IS NOT A BOUNDARY SURVEY.
I wan oath THAT net aaia It ME as
wean is we our or at"matter. MI,w., OT`�=am / jFj:57
PREPARED FOR:
net arra 'a" na ~I 51114 //�G(/li1�11 (./IL�1!I�� VAN WORMEZ w AZT! T n OW ass
ROM Nave v uet N"vnoa w5Neee m REAL T Y
WOO 4717�M tMMf. of Orlando Inc. ^TE
A • 2012 E. Robinson St. SCALE, , 4, j# i99t
/ \ Orlando, Florida 32803 DRAWN B REVISIONo;
``R""` A. RA (407) 894-6314 _-
EXHIBIT "C"
SPECIAL CONDITIONS
1. Subject to meeting all applicable governmental
requirements relating to the approval of the installation
and use of septic tanks and/or private wells on the Land,
the City and the Owner acknowledge and agree that if the
Land is zoned by the City so as to permit development
with one (1) acre lots, then the Land may be developed
with one (1) acre lots utilizing septic tanks and private
wells, provided such use and development is consistent
with and meets the Minimum Zoning Descriptions on
Permitted Uses from time to time established in the Land
Development Code of the City of Ocoee, for an A-1,
Agricultural, zoning district, and all other applicable
governmental requirements. This Special Condition shall
not be construed to waive any of the provisions of
Section 5 of this Agreement.
2. In the event the Land is developed and septic tanks are
installed and utilized on the Land, then the provisions
of Section 2 (D) are not applicable.
3. In the event the Land is developed and private wells are
installed and utilized on the Land, then the provisions
of Section 3 (D) are not applicable.
NOTE: This Agreement does not refer to and does not contain an
Exhibit "B".
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EXHIBIT "D"
LIENS AND MORTGAGES
AGAINST THE LAND
1. None
\RAVNDAI.ANX 112/6921FLOPPY(ANNCQI1S:jed(1)
11