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HomeMy WebLinkAbout1999 04 26 Regular Item F . . . COMMISSION AGENDA ITEM F Consent Informational Public Hearin Re ular X April 26. 1999 Meeting /' -------. il/ MGR ! \. DEPT. Authorization REQUEST: City Manager requests the City Commission provide direction relative to the conditions to be imposed regarding the deannexation of the property at 2020 Winter Springs Boulevard (Classic Properties; Alan Davis, Owner) from the City of Oviedo and the annexation of said property into the City of Winter Springs. PURPOSE: To clarify issues raised by Mr. Davis in a meeting with the City Manager and discussions with Commissioner Blake. Applicable Law, Public Policy or Agreements: The Davis property was addressed in the Amended Settlement Agreement relating to the Oviedo Mall, at paragraph 9(b). An agreement between the City and Mr. Davis followed. This agreement is attached. CONSIDERATION: Correspondence between Mr. Davis and the City has reduced the number of issues to two (2) major issues: water seNice issue and application costs (for deannexation payable to the City of Oviedo by Mr. Davis). Application fee to the City of Winter Springs for annexation; recommended this be waived). The only unresolved issue is the water seNice connection charge. The issue(s) are: 1. Who will provide water? Oviedo currently seNes this property. This is fine with Mr. Davis. The City of Winter Springs typically provides water to annexed properties. Should Winter Springs require that the property be connected to our water supply? . . . 2. What if Oviedo cuts the Davis property off from water service? The City of Winter Springs is ready to service property, within 72 hours of an Oviedo disconnect. 3. If the City of Winter Sprinos provides water service. who pays connection charoes? Bond covenants and our ordinance prohibits free service. Someone must pay those sums estimated not to exceed $2,500 at present. Mr. Davis objected to paying anything and apparently is backing off this position by proposing to pay over time (as yet undefined), interest free, with the $2,500 or fixed fee cap on charges. FUNDING: RECOMMENDATION: Waive annexation application fee. Require property to be served by the City of Winter Springs water. Require payment of cost of connection and water meter installation at the then applicable rate but allow for the payment of said sums over a three year period at an interest rate reflecting our cost of money plus 1 %. A lien will be placed against the property for the unpaid balance. ATTACHMENTS: City Attorney letter of August 20, 1998 letter to Mr. Davis. Davis letter of September 3, 1998 to City Attorney. City Attorney letter of March 17, 1999 to Mr. Davis Davis letter of March 30, 1999 to City Attorney. Original agreement of May 1, 1997. Draft agreement presented by Commissioner Blake at the April 12, 1999 Commission meeting COMMISISON ACTION: MAR-3~-99'TUE 89:48 PMBAHKIHG SOLUTIOHS IHC 487 699 4475 P.81 sic Pro erties 0 Central Florida Inc. VI~ FA/- lfZ0-77~ 7 March 30, 1999 Robert D. Guthrie, Esquire Law Offices of Frank Kruppenbaeher, P.A. P. O. Box 3471 Orlando, Florida 32802-3471 Dear Mr. Guthrie: Thank you for yOllr recent response to my letter dated September 3, 1998 regarding the annexation of our property into the City of Winter Springs. Unfortunately, it appears that we may have some misunderstandings regarding the ~penses resulting from this transaction and the preparations necessary to effect a. tranSparent transition. First, I want to assure you that we would be pleased to be a part of Winter Springs-a city that seems to have unlimited potential and an excellent reputation. Conversely, we are not unhappy with our association with Oviedo. We are simply moving forward to honor our annexation commitment dated May 1, 1997. . Second, we have done everything possible to make it clear that we were assured by the City of Winter Springs that we would not incur any out-of-pocketex:pense, that we would not be charged for taxes and fees for which payment had been made to another municipal govemment, and that the annexation would be totally tranSparent to Classic Properties. Your comment that "extending water service... should not exceed a cost to you of $2500.00" is totally contral)' to our understanding and is not reflected in the Agreement. This is the type of charge thavwe' were concerned about when we discussed the financial ramifications of the transaction and agreed that no charge would be made for any water connection necessitated by actions of the City of Oviedo. Third, your letter states that we would be required to pay the cost of application for deaonexation to the City of Oviedo. We have not been previously advised of any fee relating to deannexation. While this certainly falls under our agreement regarding transparency and out-of-pocket expense being borne by the City of Winter Springs, we recognize the political aspects of Winter Springs paying this fee. Therefore, we are willing pay this fee if it is a reasonably moderate amount. If a substantial amount is involved, we will still make payment but would expect an offsetting credit to our account after the transaction has been completed. . 1'. O. Box 620537 Oviedo, Florida 32762-0537 407-699-6230 MAR-30~9~ ~UE 09:49 .PM BAHKIHC SOLUTIOHS IHC ....407 699 4475 P.02 . Robert D. Guthrie, Esquire Page 2 March 30, 1999 Fourth, I am concerned that your response omitted a specific reference to preventing a ..service gap" if Oviedo elects to discontinue water service. An intenuption of water service would adversely affect our tenants very quickly. Additionally, our lease agreements contain a provision whereby tenants are not required to pay rent during extended water service disruptions ( part of a hurricane related provision). Since this could have serious financial repercussions for Classic Properties. we would like to have a specific plan in place to minimize a possible service gap. And fmally, we appreciate your willingness to schedule a meeting of all key parties to discuss issues affecting this transaction. Some of the agenda items would include fire and police protection, extending the existing irrigation system on Winter Springs Boulevard, and relocating the city limits sign.. I will contact the City Manager's secretary within the next few days to schedule this very important meeting. . Thanks for your assistance. I look forward to seeing you soon. Sincerely, C ()j~k Alan D. Davis Principal . . . . LAW OFFICES FRANK KRUPPENBACHER, P.A. A Professional Association ~lM~ ~/ ~ Frank Kruppenbachero Robert D. Guthrie P.O. Box 347 I Orlando, Florida 32802-3471 105 E. Robinson Street, Suite 201 Orlando, Florida 32801-1622 Telephone (407) 246-0200 Facsimile (407) 426-7767 o Also Admitted in Colorado March 17, 1999 Mr. Alan D. Davis Classic Properties of Central Florida, Inc. P.O. Box 650537 Oviedo, FL 32765-0537 Re: Annexation to City of Winter Springs Your letter of September 3, 1998. Dear Mr. Davis: Thank you for your letter of September 3, 1998. In a subsequent telephone conversation, we agreed that this matter would be held in abeyance until the conclusion of a dispute between the Cities of Winter Springs and Oviedo. The latter issue is now resolved. So it is appropriate that we resolve the issue of the status of the annexation of your property into the City of Winter Springs immediately following deannexation from the City of Oviedo in accordance with the relevant agreements between you and the City of Winter Springs. We appreciate your cooperation to date and your re-statement of your commitment to honor the provisions of your agreement with the City of Winter Springs. Let me respond to the questions in your letter of September 3, 1998 utilizing the section titles set forth in your letter, as follows. 1. Water Service. The City is committed to serving your property promptly if there is an interruption of water service by the City of Oviedo. Adequate water and sewer capacity is available to your property. Pursuant to paragraph 3 of our agreement, the rate for water and sewer service will be the same rate charged other customers of the Winter Springs Utility System. Extending water service to your property, including the installation of a water meter, should not exceed a cost to you of $2,500.00 2. Taxes and Fees. There will be no duplication of previously paid building permit or inspections fees; sewer hook up or other fees. There will be a water meter and connection c:\main files\winterspringsldavisltr.doc Alan D. Davis March 17, 1999 Page Two . charge as would be applicable to any new water service customer served by the City of Winter Springs. The Agreement between Classic Properties of Central Florida, Inc. with the City otherwise addresses this issue. 3. Street/City Address. The U.S. Postal Service controls the decision regarding post office and address reassignment following. This question has been raised a number of times before by others annexed into our City. Some want new addresses indicating that they are in the City while others want to maintain prior addresses, at least for awhile. The post office controls this decision and the City has no say in this determination. The City will not urge a change in your address designation. 4. Out-of-Pocket Expenses. The City's position is that the Winter Springs City Attorney would assist you with the petitions to de-annex from the City of Oviedo and annex into the City of Winter Springs but not represent you, in any such proceedings. I will appear in support of your de-annexation request before the City of Oviedo per my client's (the City Commission of the City of Winter Springs) instructions. If the City of Oviedo denies the petition for de-annexation of your property, the City of Winter Springs is committed to enforcing its rights to this action under our agreement between the ci.ties. The City will cover the costs of any such legal action. You will be required to pay the cost of application to the City of Oviedo for de-annexation of your property. City ofWmter Springs will waive its application fees for annexation into the City. . 5. Other Issues. The City Manager and his staff, and I, will be glad to meet with you on these issues. Please schedule that with the City Manager's secretary at 327-5957. I attach the following: (a) a copy of your September 3, 1998 lett{:r to me. (b) a copy of the May 27, 1997 agreement'between Classic Homes and the City; (c) a copy of my letter to you dated August 20, 1998. The City Commission recently discussed this matter and urged that I require you file your application with the City of Oviedo to deannex your property by April 12, 1999. Thank you. ~~ ~.. RObertD.~ RDG:ras Enclosures c: Mayor & City Commission City Manager c:\main files\winterspingsldavisltr . .:.::. _ :;0 . . . CLASSIC PROPERTIBS i I i i of Central Florida, Inc. September 3, 1998 Robert D. Guthrie, Esq, Law Office PO Box 3471 Orlando, FL 32802-3471 1__ -------r- I I Dear Mr. Guthrie: I This letter is in response to your correspondence dated August 20, 1998, regar~ing annexation into Winter Springs, I have taken this opportunity to respond in writing in order to minimize the possibility ofmisunderstanrungs and to facilitate any subsequent dissemination o[these comments to I your colleagues. ! i I would like to begin by advising you that Classic Properties will honor all co~tments to the City of Winter Springs. As you are probably aware, we took the first step wh~n we advised Ron McLemore of our ,viUingness to move forward with annexation upon receipt in February of our I Certificate of Completion from the City of Oviedo. We will continue to abide Py the provisions of our written and oral agreements. I Before we petition the City of Oviedo for deannexation, we feel that specific contingency plans should be developed for several issues that could adversely affect Classic P~operties and/or our tenants, The following issues were discussed with Winter Springs officials whq assured us that the I annexation would be totally transparent and that all out-of-pocket expense would be borne by the City of Winter Springs: i 1. Water Se~ic~ - We were advised that potable water lines ~e(e available to service our building if Oviedo elected to discontinue service and that no charge would be made for tbe conne~tion, However, we need assurance that Winter Springs will move ql~ick1y to prevent a "service gap" if Oviedo takes punitive action. Obvidusly, Winter Springs needs to develop an installation plan to get wa~er to the south side of the building, I 17/Z'd I P. Q. Box 620537 Oviedo, Florida 32765-0537 (407) 699r6230 ! I JsstJ '8 CDHJtJ8t..J3ddnCl>i ~ldS17: t>0 86, 80 d3S " ~ ~. . Robert D. Guthrie, Esq. September 3, 1998 Page 2 . . !7/E'd 2. i I i Taxes and Fees - We were advised that Winter Springs would not impose any duplicate taxes and/or fees for permits or service~ for which payment had already been made to other munifipal governments. Written assurance would be appreciated. ! I I Street/City Address - After learning that. d~aJ:?n~xation w~s a possibility and before the current street/city addresses were assigned by the Post Office, I personally contacted the Post Offices in wfnter Springs and Oviedo and explained that our building could be annexed into Winter Springs. The Winter Springs Post Office advised th~ the decision would be made by the Oviedo Post Office. The Oviedo !post Office advised that our building would continue to be served by the Oviedo Post Office and would have an Oviedo address, even if it }vere to be annexed by Winter Springs. Obviously, the annexation would not be transparent if the "City Addresslt changed to Winter Springs. A significant amount of out-of-pocket expense would be necessab to replace letterhead, business cards, etc. and to advise supplier~ and clients. We would appreciate your assistance in confirming the statements of the Oviedo Post Office. I Out-Of-Pocket Expenses - Although this is a reiteration of a pre~ious comment, I think it bears repeating. We were advised that qb.ssic Properties would not be required to fund any expenses related tJ this action. We were also advised that the Winter Springs attorney ~'OUld provide all necessary legal representation, if any, without charge. We would like to be certain there is no misunderstanding regardin this I n:.latter. i Other Concerns - Since the Winter Springs officials are much ~nore experienced than we are with respect to annexation issues, we would like to schedule a meeting to identify any other possible situation~ that could adversely affect Classic Properties and/or our tenants. Beqause we have a good relationship with City of Oviedo officials, we ~ould prefer to avoid a costly, prolonged battle like those that have occurred recently involving contested annexations. I I I i i I i 3. 4. 5. I I I JSStl '6 CJ3HJtl8H3ddilCJ)1 ~;Jd9p: 170 86, 80 d3S .1' . . . "" .. . '. I i I ! i I i I i i In summary, we are honored that Winter Springs is interested in annexing our pi operty and we look forward to a close working relationship with YOU' and your colleagues. Ho ever, an uneventful transition from Oviedo to Winter Springs seems far more important than one that is fraught with' unnecessary effort and expense. Unless there is some compelling reason for w "ch I am unaware, I ~ recommend that we thoroughly address all issues (including politics) and devel p a well-considered' strategy for effecting a successful annexation. Robert D. Guthrie, Esq, September 3, 1998 Page 3 I look forward to working with you concerning this matter. Sincerely, ()~ ~- Alan D. Davis 17/p"d , i I I I I I , i I I JS5tl >g CJ3HJtl8t..J3ddnCJ>1 I~Jd917: \70 86, 80 d3!? . . . LAW OFFICES FRANK KRUPPENBACHER, P.A. A Professional Association Frank Kruppcnbach~ Robert D. Guthrie P.O. Box 3471 Orlando, Florida 32802-3471 105 E. Robinson Street. Suite 201 Orlando, Florida 32801-1622 Telephone (407) 246-0200 Facsimile (407) 426-7767 · Also AdmitUd in Colocado August 20. 1998 Allen D. Davis, Esq. Classic Properties of Central Florida, Inc. P. O. Box 620537 Oviedo, FL 32762-0537 Re: Deannexation from the City of Oviedo and Annexation into the City of Winter Springs - Parcel 2, Seneca Bend, Plat Book 50, Pages 1 and 2, Public Records of Seminole County, Florida Dear Mr. Davis: This purpose of this letter is to commence the process discussed in the minutes of the City COnmllssion Meeting dated April 28, 1997. and the attached Agreement between the City of Winter Springs and Classic Properties, Inc. relating to the office building located on Parcel 2, Seneca Bend according to the Plat recorded in Plat book 50. pages 1 and 2, Public Records of Seminole County, Florida. As you recall, your firm entered into an agreement (copy attached) that provided that you make application to the City of Oviedo to deannex from the City of Oviedo and annex into the City of Winter Springs because of the proximity of your property to the City of Winter Springs and the fact that urban services are being provided by the City of Winter Springs pursuant to the referenced agreement. The public services are provided to the property contingent upon deannexation from the City of Oviedo and annexation into the City of Winter Springs. As you may recall, the City Commission 0 rings asked the City Attorney's office to assist you in the process of de petition of deannex from the City of Oviedo within twen one (21) days of the City ofWmter Springs (Ronald McLemore, City Ma Springs, FL 32708) when the application has been fil. e also notify the City when a Public Hearing has been set on the application so that City officials may attend that Public Hearing for the Oviedo City Commission if they choose to do so. . . . Allen D. Davis, Esq. August 20, 1998 Page Two This is part of a process involving the agreement between Classic Properties, Inc. and the City of Winter Springs, and separately, the Cities of Winter Springs and Oviedo relating to the Mall development. Thank you for your cooperation to date. As soon as the deannexation process is underway 'with the City of Oviedo, it will be necessary to look in the process of annexing the property into the City of Winter Springs. ve/J>'7;-" . %/~~ d Robert D. Guthrie As attorney for the City of Winter Springs RDG:ras Enclosures c: Mayor and City Commissioner (w/o enclosures) City Manager (w/o enclosures) . . . I ACREEMEN'f THIS AGREEMENT ("Agreement") entered into this 1st day of~ 1997, by and betWeen Classic Prooerties of Central Florida loc, (hereinafter referred to as LLDeveloper/Owner") and the City of Winter Springs, Florida (hereinafter referred to as "City") pro.....ides 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 setVices to the Develop/Owner's property, NOW, THEREFORE. for and in consideration of the mutual promises hereinafter expressed, the P3:rties agree as follows: L Developer/Owner shall simultaneously with the receipt of a certificate of oCCllpancy 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 sh~l1 C'.noperate 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 pro.....ide De.....eloper/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. 17/1' d 1 JSS~ ~ ~3HJ~HN3ddn~~ W~52:50 56, 90 ~d~ . . . t7/Z"d 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 an pennits and approvals necessary to allow constcuction of Developer/Owner's planned building should the City of Oviedo delay the approval process as a result of chis Agreement. 6. The City and Developer/Owner have entered i(\to 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 "8". 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 writteo. CLASSIC PROPERTIES OF CENTRAL FLORIDA. INC. " By: 01t.A.. ~ &Lr Name: --f1/~rA,J .b" -b<<. tJ ( ~ Title: P't~(~Po-~ , CITY Of WINTER SPRn-lGS. FLORIDA :~~~ Attest:~A./K A~ 4~~ City Cl 2 ~ss~ ~ ~3H~~8N3ddn~~ W~5Z:50 55, 90 ~d~ II . . f I I I 1 ~I I /~ I 17<E"d ~ ?:..... . SUBJECT PARCEL ';,;, ~",' . ~... lot . .'..... ...-- ..f:~ l'''\ ." . .' "~~::" ,~.">~. ~ ~~~::d ;?: . ....... :.,...... "q..~ v... .. ~:i.}!f5;\~~t~ ".'(1 f'~I';; u:~...~.~i.~:~r~.-:...~~ .,' ".-... :-.. -';::rt:'~',:!'~:~ :.::: ~,:':_'X_~~::; i;i~I'" :~;:' .:. -.::: . -'" _f ,:~(''':-'~''':r, ._ '..:~-:. -]~:~;-~~~_tJ3-~ .~~ ~<.~}1~~lt " I:", ~. :~.""~:t! G~ ';.~~.}~fl .. ~1;: :."~~:j,;" : ." -- ....:,:- . :_".~: - !. . '.'';' :,: :::. J~ . ' '. ::;':;'<{f~ / -~'-.....?-.';.!..." '. . .':...&'.\":" . ~...;~?\... 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AMENDED AGREEMENT REGARDING CLASSIC PROPERTY ANNEXATION INTO THE CITY OF WINTER SPRINGS THIS AMENDED AGREEMENT specifically modifies and amends that certain agreement dated the day of , 1999, by and between CLASSIC PROPERTIES, INC. which has a street address of 2020 Winter Springs Blvd., Oviedo, Florida(hereinafter called "Classic Properties") and the CITY OF WINTER SPRINGS, a Florida municipal corporation,(hereinafter called "the CITY") and is based on the following recitals: RECIT ALS WHEREAS, the prior agreement by and between these parties dated (hereinafter called the prior agreement) provided that CLASSIC PROPEERTIES would. file a petition to de-annex its property located at 2020 Winter Springs Blvd., Oviedo, Florida from the municipal boundaries of the City of Ovid eo and annex int~ the City of Winter Springs; and WHEREAS, the City of Ovideo and the City of Wintel' Springs have a separate agreement providing Jor the de-annexation of certain properties from the City of Oviedo and the annex.ation of these properties into the City of Winter Springs including the subject property; and . WHEREAS, this agreement between the City of Oviedo and the City of \Vinter Springs is that cenain agreement entitled generally referred to as the mall settlement agreement dated the day of , 1999 between the City of V,Tinter Springs and the City of Oviedo; and WHEREAS, the prior agreement requires certain modification to clarify certain issues relating to the relationship between Classic Properties and the City relating to .the de-annexation of the subject property from the City of Oviedo and the annexation of said property into the City, including issues relating to who may provide public utility services; and WHEREAS, the City.and Classic Properties agre<:1 that the subject property may continue to be a water se;vice customer of the City of Oviedo following the de-annexation from the City or Oviedo and annexation into the City if Oviedo so desires; and WHEREAS, connection by the City to the City water system shall be accomplished as follows: if Classic Properties is cut off from water service by the City of Oviedo and Classic Properties is given thirty (30) days notice, City will subject property to City's water system within said thirty {30) days and if Classic Properties receives less than thirty (30) days notice the City of Winter Springs can and will provide water service to the subject property within 72 hours of notice by Classic Properties to the City of Winter Springs delivel'ed to the City Manager, City of Winter Springs, 1126 E. State Road 434, Winter Springs, Florida; and WHEREAS, the parties acknowledge and agree that the City has a lower ad valorem tax millage rate than does the City of Oviedo; and . C:\Mnm Files\Winter Springs\classicprop.doc 17/1' d JSStJ8 Cl3HJtJ81,J3ddllCl>1 I-Jd5 T : S0 65 I 21 CldtJ ~ ... ~.... ~...... - L.. V" ."i.U Q .:1 I ' 1--', (, I.J ........, ;(i 1~1:~ :,'o,. LJ uu IJ;~\ ~ U . WHEREAS, to accomplish this connection to City water system, Classic Properties agrees to promptly notify City of the _ and date of t'errnination of water service by City of Oviedo; and WHEREAS, the parties agree that based upon the 1998 millage and assessed property for the subject property of Citis would save the owner, Classic Properties, Inc. $668.89 from its total ad valorem tax bill because of the differential in taxes between the City of Oviedo and the City of Winter Springs; and WHEREAS, the City agrees and acknowledges that the City has higher building and construction impact fees than the City of Oviedo but that upon annexation the City would not charge any additional impact or construction fees for the existing construction of improvements on the subject property; and ' WHEREAS, the parties agree that the City ordinance regulations require the payment by a new City water service customer of a connection fee and water meter charge for new water customers served by the City water system; and , , . WHEREAS, it is permissible for the City to structure said payments over an extended period oftime so long as said fee is ultimately paid; and rf-. + ') _ I d Z nf;) ~ IA1 k-O ~ ~ h-<7 JV ~ UVTL. q I WHEREAS, the City and Classic Prop~ agree that Classic Propelties will be charged the then existing water service and meter feeTit:ater service must be provided to the subject property owned by Classic Property but that said payment shall be extended over a period of time as set forth herein; and \VHEREAS, the parties agree that the means of calculating the periodic payments due from Classic Property shall be based upon an amount represented by the difference between the ad valorem millage chargeable against the assessed value. lfthe property was still in the City of Oviedo, less the assessed value of the property based on the millage charged by the City of Winter Springs applying the City millage to the assessed value of the subject property" ~~t, ~c1~p;'~~Il); and WHEREAS, the City and Classic Property agree that Classic Property shall ftle a petition for de-annexation with the cost of any filing charged by the City of Oviedo to be borne by Classic Properties within thirty (30) days from the approval of this agreement by the City Commission of the City of Winter Springs, Florida; and WHEREAS, the City of Winter Springs has agreed to waive the f1ling fee typically due from a property owner seeking to ftle a petition for annexation into the City of Winter Springs. NOW TIffiREFORE be it agreed as follows: 1, Recitals. Each and all of the foregoing recitals are agreed and acknowledged to be true and correct and to constitute binding obligations of the parties, . C:\Main Fiks\Winter Springs\classicprop.doc' !7/2'd JSStJ ':'6 CJ3HJtJ8t-J3ddllCJ>1 Wd51: S0 55, 21 CJdtJ ill) UJ D-~ GS tu . A. Water Service. The City and Classic Property agree that should it be the desire of the City of Oviedo and Classic Property that Classic Property shall remain a water service customer of the City of Oviedo following any the deannexation from the City of Oviedo and annexation into the City of Winter Springs. B. The City agrees to provide water service to the subject property owned by Classic Property upon request of Classic Property as follows (i) in the event that the City of Oviedo terminates water service to the subject pfOperty less than five (5) days prior notice the City agrees to provide water service to the subject property within seventy-two (72) days of actual notice to the City from Classic Properties as provided for" above or in such longer period of time as is provided in notice of termination from the City of Oviedo to Classic Property. Classic Property agrees to notify the City of Winter Springs within one (1) working day (24 hours) if City of Oviedo gives Classic Property less than thirty (30) days notice of termination of water service. (ii) Should the City of Oviedo give Classic Property longer notice than thirty (30) days Classic Property shall promptly notify the City and the City agrees to make water service available to the subject property within thirty (30) days notice required herein. C. All notices under this agreement should be given as follows: THE CITY CLASSIC PROPERTIES . City Manager City of Winter Springs 1126 E, S.R. 434 Winter Springs, FL 32708 Alan Davis COpy TO: City Utilities Director City of Winter Springs 1126. E. S.R. 434 Winter Springs, FL 32708 D. The provision of water service by the City shall be in accordance with the then applicable water service connection fee and meter placement fee applicable at the time of delivery of water service to the subject property with said sum to be paid as set forth in the recitals above. 2. Classic Property to apply to the City of Oviedo de-annexation within thirty (30) days of the approval and execution of this agreement by the City of Winter Springs, Classic Property agrees to apply to the City of Oviedo on forms specified the City of Oviedo for de- annexation of this property at cost to the owner. In ac<iordance with the prior agreement, the City attorney of the City of Winter Springs agrees to assist Classic Property with the preparation of the petition for de-annexation. . C:\Main Filcs\Winter Springs\cltlssicprop.doc !7/E'd JSSIj '8 ~3HJIj8t--J3ddn~>l l--ld02: S;0 56 ( 2 T ~dlj . . . r '-', r -, r'\ -"J l--l ; .,: \ ~ ~ I ; ~ I ;' : r !.:.:) ~ iU UJ U:: J Simultaneous with the petition for annexation into the City of Oviedo, Classic Properties shall apply to annex its property into the City of Winter Springs in accordance with the requirements of the City Code of the City of Winter Springs. The City agrees to waive the application fee traditionally required to accompany a petition for annexation. This agreement is supplemental to the prior agreement except as specifically inconsistent with the prior agreement all terms and conditions of the prior agreement are hereby ratified and incorporated into this agreement as if specifically set forth herein_ IN WITNESS WHEREOF the parties have set their hands and seal this ,1999. day of CLASSIS PROPERTIES, INC. CITY OF WINTER SPRINGS By: Its: ALAN DAVIS ATTEST: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this _ day of 1999, by . He is personally known to me or has produced as identification, Notary Public My Commission expires: Print Name f ., r:-'l r:~l " I.J r" ; I .' .' i :' \ J : I I ~ ! .' ! ; .~ ; ~I I - C:\Main Fites\Winter Springs\clllssicprop.doc !7/17'd JSSI:J '3 Cl3HJI:J8t..j3ddll~>1 l.ldlJ2: 93 b6. 2 T Cldl:J