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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 2 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. 3 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.] M Book 10490 Page 939 Instrument# 2023075168 Executed on: t/ , 202 (SEAL., w� < •` r • a• t-n •�..1P '� a►aaaaa�•• t jj��zys,,pri�%�� V•R`- 5 CITY OF LONGWOOD, municinnl cnmcwntinn Atti a Florida Book 10490 Page 940 Instrument# 2023075168 CITY OF WINTER SPRINGS, a Florida .0 municipal corporation By ' V 3 �4 Kevin McCann, Mayor Attest: Christian Gowan, City Clerk Executed on: !� , 2023 (SEAL) saakak1icn1s\1ongwood, city of\general 1324-21313\winter springs f1a limited transfer ofjurisdictioMinterlocal agreement Mh "n winter springs and longwnod regarding limited transfer ofjurisdiclion I 1-18-2022.docs 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. h Book 10490 Page 942 Instrument# 2023075168 ONO L 77;; pppppp \ I ci TY'T iTi 'zlf Up N x� yy P 2if QN N €�m Do-OF a r,_OF gA�m a61 2 Ap ziU i 0 fill —CA �Ell � A �� 5 12 -U�. g _ n €9� c o I'�^ a a°t 1 ml. °g 33�y o s= 8 Qey R Ir9 it II v I I I -`I T a' 2 56,o a8 \ fill -i� tll � I^•I I \ �� � � � IRay IILI I \ � I � gl�& 4ls II II �}lla��F� 0h p®®®gyp 9 �po °£ QFfq A � i ➢ I r `���i�z r3 A°6" cm 1, �s - U $' ? F o m a °$ga a 0�'gp 8 » o u �Ilira" I $ no Fv aovm o3n 1 rn WMW PROJECT LIVING LIFE DEVELOPMENT WINTER SPRINGS LLD n31 MY LLc ; m NAME 1201 W SR 434 WINTER SPRINGS, FL k'.'Iu �. CirllCorp Enpinmring, Inc. Prokcl N°. 309-00I Drawn By EG o SHEET rr,xyr.no NAME SITE PLAN s<ae t'=Q' Data 07/25/22