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HomeMy WebLinkAbout1997 04 28 Regular Item F COMMISSION AGENDA ITEM F REGULAR X CONSENT INFORMATIONAL April 28. 1997 Meeting MGR./?W/!/DEPT. Authorization REQUEST: The City Manager requesting the Commission to approve an agreement with Classic Properties of Central Florida, Inc. to provide water and sewer service to a 1.3 acre parcel on the northeast comer of Seneca Boulevard and Winter Springs Boulevard in Oviedo, and to provide for the future annexation of said parcel. PURPOSE: The purpose of this Board Item is to request approval of an agreement to provide water and sewer service to a 1.3 acre parcel located on the northeast comer of Seneca Boulevard and Winter Springs Boulevard in Oviedo and to provide for the future annexation of said parcel. CONSIDERATIONS: * Classic Properties of Central Florida, Inc, desires to build an office complex on a 1.3 acre parcel within the Tuscawilla PUD on land located in the city of Oviedo. As part of the Settlement Agreement between the City of Oviedo and the City of Winter Springs, the City of Oviedo agreed to not oppose deannexation of this parcel. * The owner is desirous of obtaining sanitary sewer and possible water service from the City of Winter Springs and will annex into the City of Winter Springs to receive these services. * The owner will initiate the deannexation from the City of Oviedo and annexation into the City of Winter Springs upon receipt ofa Certificate of Occupancy from the City of Oviedo. APRIL 28, 1997 AGENDA ITEM F Page 2 . The proposed annexation will be considered by the Planning and Zoning Board/Local Planning Agency upon application for annexation, RECOMMENDATION: Staff recommends the City Manager be authorized to enter into an agreement to provide sewer and water service to a 1.3 acre parcel currently located within the city of Oviedo and to provide for future annexation, IMPLEMENTATION SCHEDULE: The building will be constructed in approximately six (6) months, The annexation process will take about two (2) months to complete. ATTACHMENTS: 1. Agreement to provide sewer and water service to the 1.3 acre parcel. 2. Area map of annexation parcel and Parcel Boundary Map, COMMISSION ACTION: RPR 22' 97 03 : 52P~'1 I<RUPPEr--lBRCHER :?: RSSC P.2/3 AGREEMENT THIS AGREEMENT ("Agreement") entered into this _ day of 1997, by and between (hereinafter referred to as "Developer/Owner") and the City of Winter Springs, Florida (hereinafter referred to as "City") provides as follows: WHEREAS, the Developer/Owner is desirous of annexing property currently located within the City of Oviedo, Florida, into the City; and WHEREAS, the Developer/Owner is in need of water and sewer services for said property; and WHEREAS, the City is desirous of having said property annexed into its municipal limits; and WHEREAS, the City is capable of providing water and sewer services to the Developer/Owner's property. NOW, THEREFORE, for and in consideration of the mutual promises hereinafter expressed, the parties agree as follows: 1. Developer/Owner shall simultaneously with the receipt of a certificate of occupancy for the subject property more particularly described on the attached Exhibit "A", execute and file with the City of Oviedo, Florida, a petition for annexation from the City of Oviedo for the property and a petition for annexation into the City of Winter Springs. 2. Developer/Owner shall cooperate with City and do all within Developer/Owner's authority to have the property described in Exhibit I' A", annexed into the City and shall not withdraw its petition to annex. F2:)~r ~07-~26-7767 O~-22-97 04:59 PM ?tJ2 APR 22 ' 97 03: 52PM KRUPPEr'JBACHER & ASSC P.3/3 3. City agrees to provide Developer/Owner water and sewer to the property to be annexed. The City shall charge Developer/Owner the rates it charges its other customers for water and sewer. 4, City agrees that it will continue to provide water and sewer to the subject property iffor some reason beyond the control of the owner that the annexation is unable to be effectuated. 5, The City and Developer/Owner have entered into no other Agreements regarding the property, IN WITNESS WHEREOF, the parties hereto have each executed this Agreement on the day and year first above written, CITY OF WINTER SPRINGS, FLORIDA By: Name: Title: By: Name: Attest: City Clerk 2 FRCM ~O~-426-7767 ~~-22-97 04:~9 ?1! P03 <Ii)> CID ~ ~ ~ ... .. QD r ... .. ... / aD :: <ill> I - I III III ..::::.. (;:) 101 ~ lOl 101 @ III III 101 101 III III III III III : I I IlIj I -I 1111 III \ (JPllllUI .. . ~ .. .. .. .. ~ ... " " . ~, '. ", ~ ': rUel . A' :l," ":".>,\', I J: 03- II %~ \-:,' IIIIlI SPI "~.';f/L';D '( OED I-~ o,~o:,;...,'" '. ;};".;'!:~'{};.:~:; ,.." ."... ...... .... ..:: ,D~!~i~~!~ IIIIEI oe02-0000 @ rlier 'C' ~, ..,.". ' . '. .' ,'::'~l;i~\<?')~l~:!f~~. : ~~E.':.:" "... ; .' .h'N{~;:gl .,,:)\tii;i,~l ". '. ,. 'ii:~:.'-.:/~Ul.i.,. I I I I I I ~I '/ '-. ~ ~ 't; ~ ~ .,' '.- <ID> I~ I I ~ . ......, .~.~ .:. !.', .} :)7: '. ,- .-..... ':"f.;i~ <ill> , . . -,' '. , -------@ 111 ----, I Cil) - OODA-OOOD lite I .~ ~..~ II L ~ 1.0 I luj U ~I \g ~ ~ II.' tJ 1. QD - [IPUBIAI <i:1) DADO-DODO .. - ::: ... .. ... @ flHr . A' OAD ,- 0000 1,.,HI 1110 1(11- 0000 oeoo-oooO ruer 'C' CID ( I <TIJ> l . . % r 11900 I:r. AGREEIYIENT THIS AGREEMENT ("Agreement") entered into this 1st day of May, 1997, by and between Classic Properties of Central Florida, Inc. (hereinafter referred to as "Developer/Owner") and the City of Winter Springs, Florida (hereinafter referred to as "City"} provides as follows: WHEREAS, the Developer/Owner will support annexing property currently located within the City of Oviedo, Florida, into the City; and WHEREAS, the Developer/Owner is in need of water and sewer services for said property; and WHEREAS, the City is desirous of having said property annexed into its municipal limits; and WHEREAS, the City is capable of providing water and sewer services to the Develop/Owner's property, NOW, THEREFORE, for and in consideration of the mutual promises hereinafter expressed, the parties agree as follows: 1. Developer/Owner shall simultaneously with the receipt of a certificate of occupancy for the subject property more particularly described on the attached Exhibit "A", execute and file with the City of Oviedo, Florida, a petition to be prepared with the assistance and guidance of the City's Attorney for de- annexation from the City of Oviedo for the property and a petition to be prepared with the assistance and guidance of the City's Attorney for annexation of the property into the City of Winter Springs. 2. Developer/Owner shall cooperate with. City to have the property described in Exhibit "A", annexed into the City and shall not withdraw its petition to annex. 3. City agrees to provide Developer/Owner water and sewer to the property to be annexed. City agrees to immediately provide Developer/Owner with a letter stating that adequate water and sewer service is available from the City and that Developer/Owner will be allowed to utilize these services for subject property. The City shall charge Developer/Owner the rate is charges its other customers for waste and sewer. 4. City agrees that for as long as it is legally permitted to do so it will continue to provide water and sewer to the subject property if for some reason beyond the control of the Developer/Owner and City the annexation is unable to be effectuated. 5. The City agrees to expedite all permits and approvals necessary to allow construction of Developer/Owner's planned building should the City of Oviedo delay the approval process as a result of this Agreement. 6. The City and Developer/Owner have entered into no other Agreements regarding the property. 7. The City and Developer/Owner agree that City's obligations hereunder are conditioned upon Developer/Owner's or successor's development of the property for a building and site elevation in accordance with the pictorial description attached hereto as Exhibit "B". 8. This Agreement should be binding on City, Developer/Owner and their successors and assigns. IN WITNESS WHEREOF, the parties hereto have each executed this Agreement on the day and year first above written. CLASSIC PROPERTIES OF CENTRAL FLO A, INC. By: ~,~,~ c Name: ~" ~ D~ ~ ~- ~'_~-~- (~~ ~ Title: I ~ ~ ~-- CITY OF WINTER SPRINGS, FLORIDA By: ;~2~0~ °ti Name: ~ ~ Attest: City Cl rk _._ l .I a~ Jt.. ri I1 I' I] II 11 11 3t If 11 tl Ilrl 11 oo~ 3/ * IS /1 71 r /1 11 = fl fl 3f f1 31 21 1 rIStA CL 010 CI 11 ~\ 31 SI IS SI 11 \~ I7 11\ 11 IU '• - .I lu III = ~ J]] 111 ~ ~ ii't'rr I11 ~ I IJI EXHIBIT A 117 171 G{J{1'G! IJ, 1T1 CJI{IICE CT. 1] 11 Il] 11 lil ill itS ~ - 311 2231 7J1 11 11! III 111 ~ t{qt't 1 I J J I J I ' 111 \ GiIr77 J7 v ul 1iIE 111 m ul ut ~ \ 311 I11 111 ' 111 215 I ~ 111 ~' 111 311 ~11.L I3f i I m I I1/1[Sft{i i i~l ~ Hl 111 Ifl If7 ll] V ~ ill / ~ I v 111 ' ~ 112 o / ~ r 11) i IlE\ >11• L ' ~ i 111 \Y/,`'1p • ^ r6~ / 111 1 `'`fit. /217` ~\~~//110 ~ n 713 S \ ~ IIIL.' ~ ~ I IS -- 11 ~ ]1 311 ~ 131 ]1 ~ ~ [IIIESSI{T JI ~ 1 ,`'t~ C 11 111 .'. 111 i ~f \ `` Lit // 111 11 `IS IS I1 /11~~~~~ 111 1/ a _ f/] t • I ~ ~1 ~ t tt a Tti~ rr • f/~ 'O ':~1 ~~ OA02-0000 OA00-0000 7] a I1 ~~'~. - It{C 7~~ 0 J ~~ .i ._ 4 ~. `- - I/3. ~ .' .... . '. ., , .... k•, 7:1 EI{C1 [LICE ~:~: • .. L I' STTRTF'C'T PARfFT .. .]. 8 .{. GI J J. It I 1 3.1 I.{ 1.1 1.1 MAY-01-97 THU 12.38 PM RANKING SOLUTIONS INC 407 699 4475 oQr~G ~s7 09:58 iQ:PoaaT75 ~ assoc., ~~c. rOC~ Ti M •~ ~. 'I . Y'~i ~+. ,~ ~~ ~Y{ ~~ t'~ P. 01 Cr1 DC x H bd H H Gd FWf ~ 24Q7~1$86(l~3 ~,~ ;-, ~ ,i b l~~ y1~ .. ~~.r •~ - i I ~. f ~'{- \ _ f .~:~ ~ a ~~~! ~ 1 e 7~~~ '} ~ ,y~,~ S' ~ ?1 C-