HomeMy WebLinkAboutCity of Longwood - Interlocal Agreement Regarding Limited Transfer of Jurisdiction over Real Property (Living Life ILF) - 2023 08 14Grant Maloy, Clerk Of The Circuit Court & Comptroller Seminole County, FL
Inst #2023075168 Book:10490 Page:935-942; (8 PAGES) RCD: 8/15/2023 11:33:06 AM
REC FEE $69.50
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
City of Winter Springs
Attn: City Clerk
1126 East State Road 434
Winter Springs, FL 32708
INTERLOCAL AGREEMENT REGARDING
LIMITED TRANSFER OF JURISDICTION OVER REAL PROPERTY
between the
CITY OF LONGWOOD, FLORIDA
and the
CITY OF WINTER SPRINGS, FLORIDA
THIS INTERLOCAL AGREEMENT REGARDING LIMITED TRANSFER OF
JURISDICTION OVER REAL PROPERTY, dated this / V¢A day of s �- , 2023,
(hereinafter referred to as "Agreement") between the CITY OF LONG OD, a municipal
corporation in the State of Florida whose mailing address is 175 West Warren Avenue, Longwood,
Florida 32750 (hereinafter referred to as "Longwood"), and the CITY OF WINTER SPRINGS,
a municipal corporation in the State of Florida whose mailing address is 1126 East State Road 434,
Winter Springs, FL 32708 (hereinafter referred to as "Winter Springs"). Longwood and Winter
Springs are sometimes herein collectively referred to as the "parties" or "cities".
WITNESSETH
WHEREAS, this Agreement is entered into pursuant to the authority set forth in the
Florida Constitution, Article VIII, § 2, § 163.01, Florida Statutes, the Florida Interlocal
Cooperation Act of 1969, and the applicable provisions of Chapters 163, 166 and 180, Florida
Statutes; and
WHEREAS, Longwood and Winter Springs desire to enter into this Agreement to
facilitate the development of two parcels of land, one being in the jurisdictional boundaries of
Longwood and the other being in the jurisdictional boundaries of Winter Springs, into a single
development project; and
WHEREAS, MTH Development, LLC is the current fee simple owner of those parcels of
land having Seminole County Tax Parcel Identification # 26-20-30-5AR-OD00-016G and 33-20-
Book 10490 Page 936
Instrument# 2023075168
30-513-OCOO-0010 and legally described and depicted on Exhibit "A" attached hereto ("Subject
Property"); and
WHEREAS, a majority of the Subject Property (Tax Parcel #26-20-30-5AR-OD00-016G)
is located within the jurisdictional boundaries of Winter Springs ("Parcel 1" ); and
WHEREAS, a smaller portion of the Subject Property (Tax Parcel# 33-20-30-513-0000-
0010) is located within the jurisdictional boundaries of Longwood ("Parcel 2"); and
WHEREAS, during the term of this Agreement, Longwood is willing to provide a limited
transfer of development order approval and building permitting jurisdiction and authority that
Longwood has over the portion of the Subject Property in Longwood's jurisdiction (Parcel 2) to
Winter Springs; and
WHEREAS, the current owner of the Subject Property desires to develop the Subject
Property consistent with the proposed construction plans attached hereto as Exhibit "B"
("Development Plan").
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 I. Recitals. The Recitals set forth above are true and correct and by this
reference are incorporated herein as part of this Agreement.
SECTION II. Limited Transfer of Jurisdiction. Longwood confirms that the
comprehensive plan future land use map designation and zoning designation assigned to the
portion of the Subject Property (Parcel 2) within Longwood's jurisdiction allows the development
proposed by the Development Plan, and that Longwood does not object to the development of the
Subject Property consistent with the Development Plan. Longwood and Winter Springs hereby
agree that jurisdiction for that portion of the Subject Property within the jurisdictional boundaries
of Longwood (Parcel 2) is hereby transferred to Winter Springs for the limited purpose of Winter
Springs reviewing and approving (or rejecting) development orders and building permits and
issuance of certificates of occupancy for the development of the Subject Property substantially
consistent with the Development Plan. Winter Springs may collect development and building
permit fees and impact fees relating to the development of Parcel 2 consistent with the
Development Plan. The most recent site plan provided to the City of Longwood is dated November
14, 2022. This site plan shows a six-foot brick wall along the northwestern property line that
borders a residential property in the City of Longwood, which is consistent with the Longwood
Development Code requirement for buffer between commercial and residential development. No
waiver, variance, special exception, or other similar action resulting in the deletion of the brick
wall shown adjacent to the property at 1021 Talmo Street (33-20-30-513-0000-0030) shall be
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Book 10490 Page 937
Instrument# 2023075168
allowed without the written approval of the City of Longwood. In reviewing and approving
development orders for the Subject Property, Winter Springs may apply its land development
regulation standards. Except for the development project shown on the Development Plan, this
Agreement does not apply to the development of Parcel 2 for any other project or use. After
termination of this Agreement, the limited jurisdiction transferred herein ceases and reverts back
to Longwood.
Longwood retains jurisdiction and authority over Parcel 2 for all other purposes, including
without limitation, home rule and police power regulation, police, fire, other governmental and
emergency services, utilities, and the imposition and collection of ad valorem and non -ad valorem
taxation.
Winter Springs retains jurisdiction and authority over Parcel 1 at all times under this
Agreement, including without limitation, home rule and police power regulation, police, fire, other
governmental and emergency services, utilities, and the imposition and collection of ad valorem
and non -ad valorem taxation.
SECTION III. Term. The term of this Agreement shall be for two (2) years, unless
extended by mutual agreement of the Parties.
SECTION IV. Notices. All notices and correspondence shall be by first class mail, except
that any notice of termination shall be mailed return receipt requested. Any notice hereunder shall
be sent to:
Longwood:
City Manager
City of Longwood
175 West Warren Avenue
Longwood, FL 32750
Winter Springs:
City Manager
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708
SECTION V. Miscellaneous.
1. 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.
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Book 10490 Page 938
Instrument# 2023075168
2. This Agreement shall be construed and enforced in accordance with, and governed
by, the laws of the State of Florida.
3. 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.
4. The headings of this Agreement are for reference only and shall not limit or
otherwise affect the meaning thereof.
5. Each party to this Agreement shall bear its own attorney's fees and costs in
connection with this Agreement and / or in connection with any action undertaken in compliance
with, or relating to, this Agreement.
SECTION VI. Severability. If any section, subsection, sentence, clause, phrase, 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 hereto.
SECTION VII. Effective Date. This Agreement shall become effective upon its
execution by the second of the two parties hereto and such date shall be inserted on the first page
of this Agreement ("Effective Date"). Thereafter, the Winter Springs City Clerk is directed to
record a certified copy of this Agreement in the Official Public Records of Seminole County,
Florida, and to provide Longwood with a recorded copy of the Agreement upon receipt from the
Clerk of the Circuit Court.
IN WITNESS WHEREOF, Longwood and Winter Springs have executed this Interlocal
Agreement on the dates inscribed below.
[Remainder of page intentionally left blank.]
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Book 10490 Page 939
Instrument# 2023075168
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Book 10490 Page 940
Instrument# 2023075168
CITY OF WINTER SPRINGS, a Florida
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By
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Attest:
Christian Gowan, City Clerk
Executed on: !� , 2023
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Book 10490 Page 941
Instrument# 2023075168
EXHIBIT "A"
PARCELI:
A PART OF LOT 16, IN BLOCK D, OF MITCHELL'S SURVEY OF THE LEVY GRANT,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 5, OF
THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
BEGIN AT THE INTERSECTION OF THE WESTERLY LINE OF SAID LOT 16 AND THE
NORTH RIGHT-OF-WAY LINE OF STATE ROAD NO. 434, ACCORDING TO THE STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP SECTION
NO. 77580-2610; THENCE RUN NORTH 05°45'00" EAST, ALONG SAID WEST LINE OF
LOT 16, SAID LINE ALSO BEING THE EAST LINE OF TALMO SUBDIVISION,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 10, OF
THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, A DISTANCE OF 351.23
FEET; THENCE SOUTH 89°02'30" EAST, A DISTANCE OF 904.34 FEET TO THE EAST
LINE OF SAID LOT 16, SAID POINT ALSO BEING THE WESTERLY BOUNDARY OF
TRACT 1 OF THE HIGHLANDS SECTION THREE, ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 17, PAGE 48 AND 49, OF THE PUBLIC RECORDS OF
SEMINOLE COUNTY, FLORIDA; THENCE SOUTH 05°40'31" WEST, ALONG SAID EAST
LINE, A DISTANCE OF 351.19 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF
STATE ROAD NO.434; THENCE RUN NORTH 89°02'30" WEST, ALONG SAID NORTH
RIGHT-OF-WAY LINE, A DISTANCE OF 904.80 FEET TO THE POINT OF BEGINNING;
LESS AND EXCEPT ROAD RIGHT-OF-WAY.
PARCEL 2:
LOTS 1 AND 2, BLOCK "C", TALMO SUBDIVISION, AS RECORDED IN PLAT BOOK 9,
PAGE 10, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, LESS AND
EXCEPT THOSE PORTIONS CONVEYED TO THE STATE OF FLORIDA, BY DEEDS
RECORDED IN OFFICIAL RECORDS BOOK 356, PAGE 579 AND OFFICIAL RECORDS
BOOK 1087, PAGE 1328, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA.
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Book 10490 Page 942
Instrument# 2023075168
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