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&LW\0DQDJHU&LW\$WWRUQH\6WDIIDQGLVDYDLODEOHRQWKH&LW\¶V:HEVLWH/DVHU)LFKHDQG WKH&LW\¶V6HUYHU$GGLWLRQDOO\SRUWLRQVRIWKLV$JHQGD,WHPDUHW\SHGYHUEDWLPRQWKH UHVSHFWLYH0HHWLQJ$JHQGDZKLFKKDVDOVREHHQHOHFWURQLFDOO\IRUZDUGHGWRWKHLQGLYLGXDOV QRWHGDERYHDQGZKLFKLVDOVRDYDLODEOHRQWKH&LW\¶V:HEVLWH/DVHU)LFKHDQGWKH&LW\¶V 6HUYHUKDVEHHQVHQWWRDSSOLFDEOH&LW\6WDII0HGLD3UHVV5HSUHVHQWDWLYHVZKRKDYH UHTXHVWHG$JHQGDV$JHQGD,WHPLQIRUPDWLRQ+RPHRZQHU¶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±3ODQQLQJ'LYLVLRQUHTXHVWVWKDWWKH&LW\ &RPPLVVLRQKROGD3XEOLF+HDULQJWRFRQVLGHU)LUVW5HDGLQJRIERWKWKH6PDOO6FDOH)XWXUH /DQG8VH0DS$PHQGPHQWDQG5H]RQLQJDQGPDNHWZR VHSDUDWHPRWLRQVDVIROORZV $$SSURYH)LUVW5HDGLQJRI2UGLQDQFHZKLFKSURSRVHVD6PDOO6FDOH)XWXUH /DQG8VH0DS$PHQGPHQWIRUDFUHVRISURSHUW\ORFDWHGDW & 2UGLQDQFH ' ,QWHUORFDO$JUHHPHQW ( /HJDO'HVFULSWLRQ ) $GYHUWLVHPHQW2UODQGR6HQWLQHO±6HSWHPEHU * 'UDIW0LQXWHV6HSWHPEHU3ODQQLQJ =RQLQJ%RDUG WƵďůŝĐ,ĞĂƌŝŶŐƐϱϬϰW'ϵK&ϵͲ^ĞƉƚĞŵďĞƌϮϮ͕ϮϬϭϰ +1 a� V Y Y r 41 1 I DC w 12 O 1 � p I I C3 U ml W co UO IL �11 111 ti 1 Attachment T" ORDINANCE NO. 2014-22 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, RELATING TO COMPREHENSIVE PLANNING; PROVIDING FOR ADOPTION OF AN AMENDMENT TO THE FUTURE LAND USE MAP FOR ONE (1) PARCEL OF REAL PROPERTY WITHIN THE CITY OF WINTER SPRINGS CONSISTING OF 1.98 TOTAL ACRES, MORE OR LESS, GENERALLY LOCATED AT 715 NORTH HIGHWAY 17-92, LONGWOOD, SAID PARCEL BEING MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO; CHANGING THE FUTURE LAND USE MAP DESIGNATION ON THE PARCEL FROM SEMINOLE COUNTY"MIXED DEVELOPMENT ("MXD") TO CITY OF WINTER SPRINGS "COMMERCIAL"; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE COMPREHENSIVE PLAN; SEVERABILITY, AND AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT. WHEREAS, the future land use map amendment embodied in this Ordinance is a small scale amendment to the City of Winter Springs Comprehensive Plan in accordance with Section 163.3187(1), Florida Statutes; and WHEREAS,the Local Planning Agency of the City of Winter Springs held a duly noticed public hearing on September 3, 2014, in accordance with the procedures established in Chapter 163, Part II, Florida Statutes, on the proposed comprehensive plan amendment; and WHEREAS,the City Commission of the City of Winter Springs held a duly noticed public hearing on the proposed amendment set forth hereunder and considered findings and advice of staff, citizens, and all interested parties submitting written and oral comments and supporting data and analysis, and after complete deliberation,hereby approves and adopts the Comprehensive Plan Amendment set forth hereunder; and WHEREAS, the City Commission of the City of Winter Springs hereby finds that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS,AS FOLLOWS: City of Winter Springs Ordinance No.2014-22 Pagel of 3 Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant to, the Community Planning Act, formerly known as the Local Government Comprehensive Planning and Land Development Regulations Act. Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent of this Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions of the City of Winter Springs Comprehensive Plan. Section 4. Adoption of Amendment to the Future Land Use Map. The City of Winter Springs Comprehensive Plan, Future Land Use Map, is hereby amended by changing the designation of the real property legally described and depicted on Exhibit "A" from Seminole County "Mixed Development" to City of Winter Springs "Commercial'. Exhibit "A" is attached hereto and fully incorporated herein by this reference. Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction,whether for substantive,procedural,or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 7. Incorporation into Comprehensive Plan. Upon the effective date of the Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be incorporated into the City of Winter Springs Comprehensive Plan and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 8. Effective Date and Legal Status of the Plan Amendment. The effective date of this Ordinance shall take effect thirty-one (3 1) days after adoption, in accordance with Section 163.3187(5)(c), Florida Statutes, unless challenged within thirty(30) days after adoption of this Ordinance, in which case this Ordinance shall become effective at such time as the state land planning agency or the Administrative Commission issues a final order determining that the adopted small scale development amendment is in compliance. No development orders, development permits, or land use dependent on this Amendment may be issued or commenced before it has become effective. After and from the effective date of this Amendment, the Comprehensive Plan Amendment set forth herein shall amend the City of Winter Springs City of Winter Springs Ordinance No. 2014-22 Page 2 of 3 Comprehensive Plan and become a part of that plan and the Amendments shall have the legal status of the City of Winter Springs Comprehensive Plan, as amended. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of 12014. Charles Lacey, Mayor ATTEST: Andrea Lorenzo-Luaces, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: Anthony A. Garganese, City Attorney City of Winter Springs Ordinance No. 2014-22 Page 3 of 3 SCPA Parcel View:28-20-30-5AS-OB00-0010 Page I of 2 / 0:s 40 CFA Property Record Card PROPERYY Parcel: 28-20-30-5AS-0600-0010 Exhibit"A" APPRAISER Owner:THOMPSON YOLANDO TRUSTEE FBO '4'AA-9 f cX.X XqTY`I CA 10A Property Address: 715 N 17-92 HWY LONGWOOD,FL 32750-3261 Parcel:28-20-30-SAS-011300-0010 Value Summary Property Address:715 N 17-92 HWY 2014 Working 2013 Certified Owner:THOMPSON YOLANDO TRUSTEE FBO Values Values Mailing:715 N HWY 17-92 Valuation Method Cost/Market Cost/Market LONGWOOD,FL 32750 Subdivision Name:OAK GROVE PARK Number of Buildings 2 2 Tax District:04-COUNTY-17-92 REDVDST Depreciated Bldg Value $299,087 $292,823 Exemptions: Depreciated EXFT Value $11,474 $11,474 DOR Use Code: 2602-QUICK LUBETHRE CENTER Land Value(Market) $212,239 $212,239 Land Value Ag Just/Market Value ** $522,800 $516,536 ti Portability Adj Save Our Homes Adj $0 $0 Z, z Amendment I Adj $0 $0 Assessed Value $522,800 $516,536 (D Tax Amount without SOH: $8,267.16 2013 Tax Bill Amount $8,267.16 S r a L a#e Tax Estimator Save Our Homes Savings: $0.00 *Does NOT INCLUDE Non Ad Valorem Assessments Legal Description LEG LOTS I+2 BLK B OAK GROVE PARK PB 7 PG 83 Taxes Taxing Authority Assessment Value Exempt Values j Taxable Value County General Fund $522,800 $0 $522,800 Schools $522,800 $0 $522,800 Fire $522,800 $0 $522,800 Road District $522,800 $0 $522,800 SIWM(Saint Johns Water Management) $522,800 $0 $522,800 County Bonds $522,800 $0 $522,800 Sales Description Date Book Page Amount Qualified Vac/Imp WARRANTY DEED 4/112007 06669 1995 $100 No Improved WARRANTY DEED 12/1/2005 06057 0218 $325,000 No Improved WARRANTY DEED 2/1/1987 01819 0391 $100 No Vacant WARRANTY DEED 7/1/1986 01748 1578 $150,000 Yes Vacant Find Comparable Sales wahin this Subdivision Land Method Frontage Depth Units - UnitsPrioe---- Land Value SQUARE FEET 0 0 30317 $7.00 $212,219 ACREAGE 0 0 1.985 $10.00 $20 Building Information http://www.scpafl.org/ParceiDetailInfo.aspx?PID=2820305ASOBOOOOIO 7/28/2014 'SCPA Parcel View:28-20-30-5AS-OBOO-00 10 Page 2 of 2 # Description Year Built Stories Total SF Ext Wall Adj Value Repl Value Appendages Actual/Effective STEELIPRE METAL PREFINISHED- Description Area 1 1987 2 3,936 $163,205 $253,031 ENGINEERED. INSULATED No data to display STEEL/PRE METAL PREFINISHED- Description Area 2 ENGINEERED. 1987 1 3,840 $135,882 $210,669 INSULATED No data to dispLai .............. ........... Permits.- --- Permit# Type Agency Amount CO Date Permit Date No data to d-splay Extra Features Description Year Built Units Value New Cost II WWOOD FENCE 12/1/1987 139 $139 $139 COMMERCIAL CONCRETE DR 4 IN 12/1/1987 13,304 $11,335 $28,338 http://www.scpafl.org/PareelDetaillnfo.aspx?PID=2820305ASOBOOOOIO 7/28/2014 Attachment"C' ORDINANCE NO.2014-23 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, CHANGING THE ZONING MAP DESIGNATION OF ONE (1) PARCEL OF REAL PROPERTY TOTALING 1.98 GROSS ACRES, MORE OR LESS, GENERALLY LOCATED AT 715 NORTH HIGHWAY 17-92, LONGWOOD, SAID PARCEL BEING MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO; CHANGING THE ZONING DESIGNATION OF THE PARCEL FROM SEMINOLE COUNTY "COMMERCIAL (C-2)"TO WINTER SPRINGS"HIGHWAY 17-92 COMMERCIAL ZONING DISTRICT (C-3)"; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY,AND AN EFFECTIVE DATE. WHEREAS,the City Commission is granted the authority,under Section 2(b),Article VIII,of the State Constitution,to exercise any power for municipal purposes,except when expressly prohibited by law; and WHEREAS, the Planning and Zoning Board and City Staff of the City of Winter Springs has recommended approval of this Ordinance at their September 3,2014 meeting; and WHEREAS,the City Commission of the City of Winter Springs held a duly noticed public hearing on the proposed zoning change set forth hereunder and considered findings and advice of staff,citizens,and all interested parties submitting written and oral comments and supporting data and analysis, and after complete deliberation, hereby finds the requested change consistent with the City of Winter Springs Comprehensive Plan and that sufficient, competent, and substantial evidence supports the zoning change set forth hereunder; and WHEREAS, the City Commission hereby finds that this Ordinance serves a legitimate government purpose and is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs,Florida. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS,AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. Section 2. Zoning Map Amendment. That the Official Zoning Map of the City of Winter Springs, as described in City of Winter Springs Code Section 20-102, is hereby amended to to include a change of classification for the property legally described and depicted on Exhibit "A" from Seminole County "Commercial (C-2)" to Winter Springs "17-92 Commercial District (C-3)." Exhibit "A" is attached hereto and fully incorporated herein by this reference. City of Winter Springs Ordinance No.2014-23 Page 1 of 2 Section 3. Staff Instructions. City staff is hereby directed to promptly amend the City's Official Zoning Map upon the effective date of this Ordinance. In addition, upon adoption and full execution of this Ordinance by the City Commission, the City Clerk is hereby directed to record this Ordinance in the Official Records of Seminole County,Florida. This Ordinance shall run with the land. Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of ordinances and resolutions in conflict herewith,are hereby repealed to the extent of the conflict. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate,distinct and independent provision,and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This ordinance shall become effective immediately upon the effective date of Ordinance No. 2014-22 as adopted by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. If Ordinance No. 2014-22 does not become effective,then this Ordinance shall become null and void. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on this day of 12014. Charles Lacey,Mayor ATTEST: Andrea Lorenzo-Luaces, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: Anthony A. Garganese, City Attorney First Reading: Second Reading: Effective Date: City of Winter Springs Ordinance No.2014-23 Page 2 of 2 SCPA Parcel View:28-20-30-5AS-OB00-0010 Page I of 2 / 0:s 40 CFA Property Record Card PROPERYY Parcel: 28-20-30-5AS-0600-0010 Exhibit"A" APPRAISER Owner:THOMPSON YOLANDO TRUSTEE FBO '4'AA-9 f cX.X XqTY`I CA 10A Property Address: 715 N 17-92 HWY LONGWOOD,FL 32750-3261 Parcel:28-20-30-SAS-011300-0010 Value Summary Property Address:715 N 17-92 HWY 2014 Working 2013 Certified Owner:THOMPSON YOLANDO TRUSTEE FBO Values Values Mailing:715 N HWY 17-92 Valuation Method Cost/Market Cost/Market LONGWOOD,FL 32750 Subdivision Name:OAK GROVE PARK Number of Buildings 2 2 Tax District:04-COUNTY-17-92 REDVDST Depreciated Bldg Value $299,087 $292,823 Exemptions: Depreciated EXFT Value $11,474 $11,474 DOR Use Code: 2602-QUICK LUBETHRE CENTER Land Value(Market) $212,239 $212,239 Land Value Ag Just/Market Value ** $522,800 $516,536 ti Portability Adj Save Our Homes Adj $0 $0 Z, z Amendment I Adj $0 $0 Assessed Value $522,800 $516,536 (D Tax Amount without SOH: $8,267.16 2013 Tax Bill Amount $8,267.16 S r a L a#e Tax Estimator Save Our Homes Savings: $0.00 *Does NOT INCLUDE Non Ad Valorem Assessments Legal Description LEG LOTS I+2 BLK B OAK GROVE PARK PB 7 PG 83 Taxes Taxing Authority Assessment Value Exempt Values j Taxable Value County General Fund $522,800 $0 $522,800 Schools $522,800 $0 $522,800 Fire $522,800 $0 $522,800 Road District $522,800 $0 $522,800 SIWM(Saint Johns Water Management) $522,800 $0 $522,800 County Bonds $522,800 $0 $522,800 Sales Description Date Book Page Amount Qualified Vac/Imp WARRANTY DEED 4/112007 06669 1995 $100 No Improved WARRANTY DEED 12/1/2005 06057 0218 $325,000 No Improved WARRANTY DEED 2/1/1987 01819 0391 $100 No Vacant WARRANTY DEED 7/1/1986 01748 1578 $150,000 Yes Vacant Find Comparable Sales wahin this Subdivision Land Method Frontage Depth Units - UnitsPrioe---- Land Value SQUARE FEET 0 0 30317 $7.00 $212,219 ACREAGE 0 0 1.985 $10.00 $20 Building Information http://www.scpafl.org/ParceiDetailInfo.aspx?PID=2820305ASOBOOOOIO 7/28/2014 'SCPA Parcel View:28-20-30-5AS-OBOO-00 10 Page 2 of 2 # Description Year Built Stories Total SF Ext Wall Adj Value Repl Value Appendages Actual/Effective STEELIPRE METAL PREFINISHED- Description Area 1 1987 2 3,936 $163,205 $253,031 ENGINEERED. INSULATED No data to display STEEL/PRE METAL PREFINISHED- Description Area 2 ENGINEERED. 1987 1 3,840 $135,882 $210,669 INSULATED No data to dispLai .............. ........... Permits.- --- Permit# Type Agency Amount CO Date Permit Date No data to d-splay Extra Features Description Year Built Units Value New Cost II WWOOD FENCE 12/1/1987 139 $139 $139 COMMERCIAL CONCRETE DR 4 IN 12/1/1987 13,304 $11,335 $28,338 http://www.scpafl.org/PareelDetaillnfo.aspx?PID=2820305ASOBOOOOIO 7/28/2014 Attachment"D" INTERLOCAL AGREEMENT CITY OF WINTER SPRINGS AND CITY OF LONGWOOD STATE ROAD 17-92 MUNICIPAL SERVICE AREA THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into this 8th day of September, 2005, by and between the CITY OF WINTER SPRINGS, a Florida Municipal Corporation (hereinafter "Winter Springs"), and the CITY OF LONGWOOD, a Florida Municipal Corporation(hereinafter"Longwood"). WITNESSETH: WHEREAS, the subject matter of this Interlocal Agreement is limited to the provision of water and sewer service and other municipal services along a certain part of the eastern side of State Road 17-92 which lies within the City of Winter Springs or between the City of Winter Springs and the City of Longwood; and WHEREAS, Winter Springs and Longwood recognize that due to the current configuration of their respective municipal boundaries and several pockets of unincorporated Seminole County areas along the eastern side of the S.R. 17-92 corridor, the provision of municipal services in an efficient and cost effective manner is very challenging and requires cooperation and joint planning between Winter Springs and Longwood; and WHEREAS,Winter Springs and Longwood share a common interest in ensuring, to the extent feasible, that municipal services are efficiently provided along the S.R. 17- 92 corridor in a cost effective manner;and Interlocal Agreement City of Winter Springs and City of Longwood S.R. 17-92 Service Area Page 1 of 16 WHEREAS, Winter Springs and Longwood acknowledge that Longwood is presently better situated to provide more efficient and cost effective water and sewer services along the S.R. 17-92 corridor; and WHEREAS, Winter Springs and Longwood also acknowledge that Winter Springs is presently better situated to provide other municipal services in a more efficient and cost effective manner along the eastern side of the S.R.17-92 corridor;and WHEREAS, this Agreement is entered into pursuant to the general authority granted municipalities under the Florida Municipal Home Rule Powers Act and the Florida Interlocal Cooperation Act of 1969; and WHEREAS, the Florida Interlocal Cooperation Act of 1969 specifically encourages and permits local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of government organization that will accord best with geographic, economic, population, and other factors influencing the needs and development of local communities; and WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act also specifically encourages the joint planning coordination between and among municipalities to facilitate and promote the adequate and efficient provision of municipal services;and WHEREAS, Section 180.19 (1), Florida Statutes, further authorizes municipalities to provide water and sewer services to other municipalities or property Interlocal Agreement City of Winter Springs and City of Longwood S.R. 17-92 Service Area Page 2 of 16 owners within the limits of another municipality upon such terms and conditions as may be agreed between the municipalities and the owners of such outside property; and WHEREAS, Winter Springs and Longwood agree that this Agreement, and the joint planning concepts set forth herein, will best promote the public interest of both cities by reducing the possibility of future conflicts regarding the provision of municipal services in the area described in this Agreement; and WHEREAS, this Agreement also furthers the public policy of the State of Florida, established pursuant to Chapter 171, Florida Statutes, to eliminate enclaves and pockets of unincorporated areas that may cause a significant strain on the provision of municipal services. NOW THEREFORE, in consideration of the covenants and agreement hereinafter set forth, to be kept and performed by both`parties, Winter Springs and Longwood agree as follows: 1.0 Recitals. The foregoing recitals are true and correct and are hereby fully incorporated herein by this reference. 2.0 Definitions. Unless the context clearly indicates otherwise,the following words and phrases shall have the meaning hereafter ascribed below: 2.1 "Agreement" shall mean this Interlocal agreement between the city of Winter Springs and the city of Longwood. 2.2 "Winter Springs"shall mean the city of Winter Springs, a Florida municipal corporation. 2.3 "Longwood"shall mean the city of Longwood, a Florida municipal Interlocal Agreement City of Winter Springs and City of Longwood S.R. 17-92 Service Area Page 3 of 16 corporation. 2.4 "Service Area" shall mean the area along the eastern side of State Road 17-92 and more specifically defined on Exhibit"A." Exhibit "A" is hereby fully incorporated into this Agreement by this reference. 2.5"Gross Revenue"shall mean all gross revenues collected by Longwood for providing water and sewer service to properties located within the City of Winter Springs and within the Service Area including, but not limited to, all rates, fees, and charges authorized pursuant to Section 180.191, Florida Statutes, and the City of Longwood Code of Ordinances. 3.0 Procedure for Providing Water and Sewer Service. Prior to providing water and sewer service to a particular property within the Service Area, Longwood shall provide Winter Springs with written notice of its intent to provide such service. Upon receipt of said notice, Winter Springs shall promptly verify in writing that the property is subject to this Agreement and verify that the property is either located within the jurisdictional boundaries of the Winter Springs or unincorporated Seminole County. 3.1 Property in Winter Springs. If Winter Springs verifies that the property is located within the City of Winter Springs, Longwood may immediately proceed to provide water and sewer service to said property subject to the terms and conditions set forth in paragraph 4.0 of this Agreement. 3.2 Property in Unincorporated Seminole County. If Winter Springs Interlocal Agreement City of Winter Springs and City of Longwood S.R. 17-92 Service Area Page 4 of 16 verifies that the property is located within unincorporated Seminole County, Longwood shall require, as a condition precedent to providing water and sewer service, that the property owner enter into a voluntary annexation agreement with Winter Springs. The annexation agreement shall be on a form proscribed by Winter Springs. At such time the annexation agreement is fully executed by the property owner and Winter Springs, Longwood may immediately proceed to provide water and sewer service to said property. At such time that Winter Springs completes any annexation subject to this Agreement, Winter Springs shall provide Longwood with written notice. Upon receipt of said notice, the annexed property shall be subject to the terms and conditions set forth in paragraph 4.0 of this Agreement. Notwithstanding the aforementioned, if Longwood is providing water and sewer service to a property within unincorporated Seminole County at the effective date of this Agreement, Longwood and Winter Springs agree to encourage the owner of said property to execute an annexation agreement with Winter Springs in furtherance of joint planning purposes set forth hereunder. 4.0 Properties within the City of Winter Springs., Winter Springs hereby consents and grants Longwood a limited franchise to provide water and sewer service to properties located both within the City of Winter Springs and the Service Area. This franchise shall grant Longwood the right to construct, operate, own, and maintain in existing and future rights-of-way,within the Service Area, the utility lines and equipment Interlocal Agreement City of Winter Springs and City of Longwood S.R. 17-92 Service Area Page 5 of 16 deemed necessary for the proper operation and maintenance of the City of Longwood utility system to provide the water and sewer service authorized by this Agreement. Further, the franchise shall be strictly limited to those properties lying within the Service Area,and shall be subject to the following terms and conditions: 4.1 Optional Franchise Fee. For the privilege of providing water and sewer service within the corporate limits of the City of Winter Springs, Winter Springs reserves the right to impose a franchise fee, to the extent permitted by law, on the water and sewer services provided by Longwood under this Agreement. Should Winter Springs impose a franchise fee, the franchise fee shall be calculated based on the Gross Revenue collected by Longwood from each customer that receives water and sewer service. In addition, Longwood agrees to pay the franchise fee to Winter Springs on a monthly basis unless otherwise provided by law. In a manner acceptable to both parties, Longwood shall provide Winter Springs a written monthly accounting, by customer, of the franchise fee and the Gross Revenues collected in the City of Winter Springs. Any franchise fee imposed pursuant to this paragraph shall not apply to water and sewer services provided by Longwood within unincorporated Seminole County. 4.2 Municipal Public Service Tax. To the extent permitted by law, including Section 166.231, Florida Statutes, Winter Springs reserves the right to impose a municipal public service tax on all water services Interlocal Agreement City of Winter Springs and City of Longwood S.R. 17-92 Service Area Page 6 of 16 provided by Longwood within the corporate limits of Winter Springs. Additionally, should the current law change and authorize Winter Springs to impose a municipal public service tax on sewer service, Winter Springs shall have the right to impose such tax to the extent permitted by law and the provisions of this paragraph shall also apply to such taxes imposed on sewer service. All such taxes imposed under this Agreement shall be collected by Longwood at the time of the payment for such services by the customer. Longwood shall remit the taxes collected to Winter Springs on a monthly basis unless otherwise provided by law. Longwood acknowledges that at the effective date of this Agreement, Winter Springs currently imposes a ten percent (10%) municipal public service tax on all water service provided within the City of Winter Springs and Longwood agrees that it shall impose and collect such tax on all properties within the City of Winter Springs that are subject to this Agreement. Any municipal public service tax imposed pursuant to this paragraph shall not apply to water and sewer services provided by Longwood within unincorporated Seminole County. 4.3 Rates. All rates, fees, and charges imposed on water and sewer customers by Longwood shall comply with Section 181.191, Florida Statutes and other applicable laws. Longwood shall provide Winter Springs with at least ten (10) days written notice of any proposed change in water and sewer rates, fees, and charges. Interlocal Agreement City of Winter Springs and City of Longwood S.R. 17-92 Service Area Page 7 of 16 4.4 Other Municipal Services. Winter Springs shall provide all other municipal services to the Service Area including, but not limited to, police, fire, code enforcement,planning and zoning, stormwater, and solid waste services. 4.5 Winter Springs' Option to Purchase. Upon termination of this Agreement, Winter Springs shall have the right to purchase Longwood's water and sewer utility infrastructure, and customers serviced thereby, located within the municipal boundaries of the City of Winter Springs under the terms and conditions set forth herein. In order to exercise this option, Winter Springs must provide Longwood written notice of its intent to purchase said infrastructure and customers. Said notice must be received at such time the parties mutually terminate this Agreement or within ninety (90) days prior to the term of this Agreement expiring in accordance with paragraph 9.0. Otherwise, if timely notice is not provided, the option shall expire and be of no further force and effect. If said notice is timely given, Longwood and Winter Springs shall meet, to the extent reasonably necessary, to determine the terms and conditions of the sale of said utility infrastructure including, but not limited to, the purchase price for such facilities based upon the fair market value of Longwood's water and sewer utility which is operating within the City of Winter Springs pursuant to this Agreement, the closing date, and the orderly transfer of customers. Upon final determination of the terms and Interlocal Agreement City of Winter Springs and City of Longwood S.& 17-92 Service Area Page 8 of 16 conditions of the sale and unless a different closing date is mutually agreed to in writing by the parties, the parties shall close on the purchase, and transfer of the infrastructure and customers, within three hundred and sixty(360) days of Winter Springs written notice of intent to purchase said infrastructure and customers. Longwood reserves the right to increase the sale price sixty (60) days prior to closing for any improvements to the infrastructure made by Longwood. The increase to the sale price shall be based only on the actual cost of the infrastructure (labor and materials). Longwood will make only those improvements as it would make in the ordinary course of its business or as directed by the agencies regulating Longwood's operation. If Winter Springs fails to close the purchase within the time frame set forth herein, Longwood shall have the right to terminate the sale and Winter Springs' option to purchase shall expire and be of no further force and effect. 5.0 Conditions Precedent. All rights, obligations and liabilities of the parties under this Agreement shall be subject to the satisfaction of the following conditions precedent: 5.1 The complete execution of this Agreement by the parties. 5.2 The approval of this Agreement by both the City Commission of Winter Springs,Florida and the City Commission of Longwood,Florida. Interlocal Agreement City of Winter Springs and City of Longwood S.R. 17-92 Service Area Page 9 of 16 5.3 The Agreement being filed with the Clerk of the Circuit Court in and for Seminole County,Florida,pursuant to Section 163.01(11),Florida Statutes. 6.0 Representations of Winter Springs. Winter Springs makes the following representations to Longwood: 6.1 Winter Springs is duly organized and in good standing under the laws of the State of Florida, and is duly qualified and authorized to carry on the governmental functions and operations set forth in this Agreement. 6.2 Winter Springs has the power, authority and legal right to enter into and perform the obligations set forth in this Agreement, and the execution, delivery and performance hereof by Winter Springs, (i) has been duly authorized by the City Commission of Winter Springs; (ii) does not constitute a default under, or result in the creation of any lien, charge, encumbrance or security interest upon the assets of Winter Springs, except as otherwise provided herein. 7.0. Representations of Longwood. Longwood makes the following representations to Winter Springs: 7.1 Longwood is duly organized and in good standing under the laws of the State of Florida, and is duly authorized to carry on the governmental functions and operations set forth in this Agreement. 7.2 Longwood has the power,authority,and legal right to enter into and Interlocal Agreement City of Winter Springs and City of Longwood S.R. 17-92 Service Area Page 10 of 16 perform the obligations set forth in this Agreement, and the execution, delivery and performance hereof by Longwood (i) has been duly authorized by the City Commission of Longwood; (ii) does not constitute a default under, or result in the creation of any lien, charge, encumbrance or security interest upon the assets of Longwood, except as otherwise provided herein. 8.0 Recordation. This Agreement shall be considered an Agreement pursuant to Section 163.01, Florida Statutes. A true and correct copy of this Interlocal Agreement shall be filed with the Clerk of the Circuit Court in and for Seminole County, Florida, by Winter Springs and Winter Springs shall provide Longwood with a recorded copy of the Interlocal Agreement upon receipt from the Clerk of the Circuit Court. 9.0 Term. The term of this Agreement shall be for thirty (30) years, unless sooner terminated by mutual written Agreement of Winter Springs and Longwood. By mutual agreement, Longwood may renew this Agreement for an additional thirty (30) year term. 10.0 Notices. All notices and correspondence shall be(i) hand delivered (with signed acknowledgment of receipt or affidavit of delivery), (ii) delivered by registered or certified mail, return receipt requested, or(iii) delivered by overnight carrier with signed acknowledgment of receipt. All such notices and correspondence shall be sent to the respective parties, with copies forwarded to their agents or attorneys, at the addresses set forth below or at such other addresses as the parties hereto shall designate to each other in writing. Interlocal Agreement City of Winter Springs and City of Longwood S.R. 17-92 Service Area Page 11 of 16 (a)if to Winter Springs: CITY OF WINTER SPRINGS Attention City Manager 1126 East State Road 434 Winter Springs,FL 32708 Telephone: 407-327-5957 Facsimile: 407-327-7575 (b) if to Longwood: CITY OF LONGWOOD Attention City Manager 175 West Warren Avenue Longwood,Florida 32750 Telephone: 407-260-3440 Facsimile: 407-260-3419 Any notice or demand so given, delivered or made by United States Mail, shall be deemed so given, delivered or made three (3) days after the same is deposited in the United States mail, registered or certified, return receipt requested, addressed as above provided, with postage thereon prepaid. Any such notice, demand or document hand delivered or made by overnight carrier shall be deemed to be given, delivered or made upon delivery(or attempted delivery, if deliver is not accepted) of the same at the address where the same is to be given, delivered or made. 11.0 Severability. It is further understood and agreed that in the event any provision of this Agreement shall be adjudged, decreed,held, or ruled to be invalid, such provision or a portion thereof shall be deemed severable, and it shall not invalidate or impair the agreement as a whole or any other provision of the Agreement. 12.0 Non-Waiver. No covenant, term, condition (or breach thereof), shall be deemed waived, except by written consent of the party against whom the waiver is claimed. A waiver of any covenant, term, or condition (or breach thereof), shall not be deemed to be a waiver of any other covenant,term or condition(or breach thereof). Interlocal Agreement City of Winter Springs and City of Longwood S.R. 17-92 Service Area Page 12 of 16 13.0 Captions. Captions and headings in this Agreement are for convenience only and shall not be relied upon in construing the meaning of this Agreement or any of its provisions. 14.0 Choice of law: Venue. This Agreement has been made and entered into in the State of Florida, County of Seminole, and the laws of such state shall govern the validity and interpretation of this Agreement and the performance due hereunder. The parties agree that venue shall be exclusively in Seminole County, Florida, for all state disputes or actions which arise out of or are based upon this Agreement, and in Orlando, Florida, for all federal disputes or actions which arise out of or are based upon this Agreement. 15.0 InteEration. The drafting, execution, and delivery of this Agreement by the parties has been induced by no representations, statements, warranties, or agreements other than those expressed herein. This Agreement embodies the entire understanding of the parties, and there are no further or other agreements or understandings, written or oral, in effect between the parties relating to the subject matter hereof unless expressly referred to herein. The parties agree that they have both contributed equally to the drafting of this Agreement and this Agreement shall not be construed more favorably against the other in the event of any conflict with regards to the terms and conditions used herein. 16.0 Attorneys Fees. In the event that any party brings suit to enforce any of the provisions of this Agreement, each party agrees to bear its own costs and expenses of Interlocal Agreement City of Winter Springs and City of Longwood S.R. 17-92 Service Area Page 13 of 16 such action including, but not limited to, reasonable attorney's fees, whether at settlement,trial,post judgment, or an appeal. 17.0 Indemnification. To the extent permitted bylaw,and without waiving sovereign immunity, each party to this Agreement shall be responsible for any and all claims, demands, suites, actions,damages, and causes of action related to or arising out of or in any way connected with its own actions and omissions, and the actions and omissions of its personnel, in performing its obligations pursuant to the terms and conditions of this Agreement. 18.0 Sovereign Immunity.Nothing contained in this Agreement shall be construed as a waiver of Winter Springs's or Longwood's right to sovereign immunity under Section 768.28, Florida Statutes, or other limitations imposed on their potential liability under state or federal law. 19.0 Assignment Prohibited: Third Parties. Assignment of this Agreement is strictly prohibited. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than Winter Springs and Longwood, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Winter Springs and Longwood and not for the benefit of any other party. IN WITNESS WHEREOF,the parties hereto have hereunto set their hands and seals this day and year first above written. {Signature Page Follows} Interlocal Agreement City of Winter Springs and City of Longwood S.R. 17-92 Service Area Page 14 of 16 CITY qVVNTIM SPRINGS,FLORIDA By: = Jo F.Bush,Mayor ATtE By nzo-Luace s,City Clerk AS RM AND SUFFICIENCY: BY: Anthony A. Garganese,City Attorney CITY OF LONGWOOD,FLORIDA By: H.G. "Butch"Bundy,M or ATTEST: By. . Sarah Mijares,City Clerk AS TO LEGAL FORM AND SUFFICIENCY: BY: RicharFISylor, City rney Interlocal Agreement City of Winter Springs and City of Longwood S.R. 17-92 Service Area Page 15 of 16 1110 a 0 MM ago M a E ■ MEN I Polizan Lake Park IN 111 � . : _ fir, � MEN mom gill B-Dat ak 11111MININ milli INN 0 NINON Hill ■ Lake way man 11111 =0 milli room so■ k. n-1316W)f Par It s ATION 17 !�rW =11V Winter-Springv-Gal 0 mom MI MOMMEN1 ME@ low INN La- IS mom Lake Irene F� v Lu - r q1-im W-h"Y -v 14 +417714- 4-.." tT- m6-- 1-77-77-7-7 F-7-7----------I MEW-- T7 L 7� ILLLLL]'it 111MIN 111111101,111, TTI L LIL FT L II---------- rL FT LLLLJ 7----AVI' 1 1 -®' &minok-Couni�Prop!!�y,�pprai!�r-C�pyr�EJC) Utility Service Area Annexation Limits AT BEL-AIRE H��. s ANC- ax..�-�:-c. .�:.=vyra'`^� i ftki, 7.wlc wa•.we*__ E-�app,g Is ,-�_ � `�=T' -7 'i-`„"`W � - Attachment "E" { I a M .. 041 E[ I _ D tl, RE SE " Ito r- NCNIi1CH,1 nOTr� CERTIFIED CORRECT CARTER,ts AYi.115, SAND SuRV«Un 6J6` ,(MORE Rot _ DAiE A,NIEM PARK"LOMOA �lG iA VEYdI NO -�—_ 130% 647-754 - FILE NO. f� f1d " 001W N� �M ®rr car � �� N " H [ l f 1� maw pu " -5 FF tF ! 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Pill y* zr=, g# `{ FF z FF,* r Ly.y r t 17F� x4g f[ � k`£F �r 00 `1-`r.��AO Imp� �[ Fs.: q'( 4 �'�FFY¢t @:� CFj( F jZ3F� 4 - ins Z € F F F/W }Ift,`F{GM1EpF[€�yga � @ guy ou r c $ 1F r tFF tflf '�FFF 2 j Fz ��' a � L { El OF P MmERGIN f EF IN Y d t J f ) F t 3t 23 t 3 I s P f Std FF yr If 1 z 4-g �r EP i # .: y u N i { S tor —WILL, HELD r�rt� c�c�0 a FT,SMOGS Otte { fi EAV X ROAD f ft fF 1�"fE� r fern rF €f€ EMO ?Its�r�{"� �Cmm TWA- � rl �' s� f,sf fz r 6- y agid r € a ads ms`s fs Bur Attachment"G" CITY OF WINTER SPRINGS, FLORIDA DRAFT MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING SEPTEMBER 3, 2014 CALL TO ORDER The Regular Meeting of Wednesday, September 3, 2014 of the Planning And Zoning Board/Local Planning Agency was called to Order at 5:30 p.m. by Chairperson Bob Henderson in the Commission Chambers of the Municipal Building(City Hall, 1126 East <( State Road 434, Winter Springs, Florida 32708). We Roll Call: Chairperson Bob Henderson,present Vice-Chairperson Howard Casman, present Board Member Sarah Miller,present Board Member Bart Phillips, arrived at 5:33 p.m. Board Member Suzanne Walker,present Assistant to the City Clerk Sean Beaudet, present A moment of silence was followed by the Pledge of Allegiance. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 100. Not Used INFORMATIONAL AGENDA INFORMATIONAL 200. Not Used PUBLIC INPUT Chairperson Henderson opened "Public Input". No one addressed the Planning and Zoning Board/Local Planning Agency. Chairperson Henderson closed "Public Input". CITY OF WINTER SPRINGS,FLORIDA DRAFT MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY REGULAR MEETING-SEPTEMBER 3,2014 PAGE 2 OF 5 CONSENT AGENDA CONSENT 300. Office Of The City Clerk The Office Of The City Clerk Requests That The Planning And Zoning Board/Local Planning Agency Review And Approve The Wednesday, August 6, 2014 Planning And Zoning Board/Local Planning Agency Regular Meeting Minutes. "I MAKE A MOTION WE APPROVE THE MINUTES OF THE LAST MEETING." MOTION BY VICE-CHAIRPERSON CASMAN. SECONDED BY BOARD MEMBER WALKER.DISCUSSION. VOTE: CHAIRPERSON HENDERSON: AYE VICE-CHAIRPERSON CASMAN: AYE BOARD MEMBER MILLER: AYE BOARD MEMBER WALKER: AYE MOTION CARRIED. 400. REPORTS No Reports were given. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department—Planning Division The Community Development Department — Planning Division Requests That The Planning And Zoning Board/Local Planning Agency Hold A Public Hearing To Consider Ordinance 2014-21, Which Proposes To Annex 1.9 Acres Of Property Located At 715 North U.S. 17/92. Mr. Randy Woodruff, AICP, Senior Planner, Community Development Department presented the Agenda Item and noted the property would be receiving utilities from the City of Longwood; however, the property must be Annexed into the City of Winter Springs for service to begin per an Interlocal Agreement. It was mentioned also that the property is currently receiving water from a well. Chairperson Henderson opened "Public Input". No one spoke. Chairperson Henderson closed "Public Input". CITY OF WINTER SPRINGS,FLORIDA DRAFT MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING-SEPTEMBER 3,2014 PAGE 3 OF 5 Board Member Bart Phillips arrived at 5:33 p.m. "I MAKE A MOTION TO APPROVE" MOTION BY BOARD MEMBER WALKER. SECONDED BY BOARD MEMBER MILLER. DISCUSSION. VOTE: VICE-CHAIRPERSON CASMAN: AYES BOARD MEMBER MILLER: AYE BOARD MEMBER PHILLIPS: AYE BOARD MEMBER WALKER: AYE CHAIRPERSON HENDERSON: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Community Development Department—Planning Division The Community Development Department — Planning Division Requests That The Planning And Zoning Board/Local Planning Agency Hold A Public Hearing To Consider Both The Small-Scale Future Land Use Map Amendment And Rezoning For Approximately 1.9 Acres Of Property Located At 715 North U.S. 17/92, As Described Within Ordinances 2014-22 And 2014-23. This Agenda Item was presented by Mr. Woodruff who commented that the request from the Applicant included a Rezoning of the property to a "C-3" (U.S. Highway 17/92 Commercial) District; and that the property "Was found to be consistent with the surrounding area, which is generally characterized by highway, commercial businesses there along (U.S. Highway) 17/92. Furthermore, the City created the `C-3' Zoning designations specifically for properties like this one, which front directly on U.S. (Highway) 17/92." Lastly, Mr. Woodruff requested two (2) separate Motions for approval of Ordinances 2014-22 and 2014-23. Chairperson Henderson opened "Public Input". No one spoke. Chairperson Henderson closed "Public Input". "I MAKE A MOTION WE APPROVE ORDINANCE 2014-22, AS DESCRIBED BY STAFF." MOTION BY VICE-CHAIRPERSON GASMAN. SECONDED BY BOARD MEMBER PHILLIPS. DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA DRAFT MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING-SEPTEMBER 3,2014 PAGE 4 OF 5 VOTE: BOARD MEMBER MILLER: AYE BOARD MEMBER PHILLIPS: AYE BOARD MEMBER WALKER: AYE CHAIRPERSON HENDERSON: AYE VICE-CHAIRPERSON CASMAN: AYE MOTION CARRIED. ., "I MAKE A MOTION WE APPROVE ORDINANCE 2014-23, AS DESCRIBED BY STAFF." MOTION BY VICE-CHAIRPERSON CASMAN. SECONDED BY BOARD MEMBER MILLER. DISCUSSION. Chairperson Henderson opened "Public Input". No one addressed the Planning and Zoning Board/Local Planning Agency. Chairperson Henderson closed "Public Input". VOTE: BOARD MEMBER PHILLIPS: AYE BOARD MEMBER WALKER: AYE CHAIRPERSON HENDERSON: AYE VICE-CHAIRPERSON CASMAN: AYE BOARD MEMBER MILLER: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Not Used PUBLIC INPUT Chairperson Henderson opened "Public Input". No one spoke. Chairperson Henderson closed "Public Input". CITY OF WINTER SPRINGS,FLORIDA DRAFT MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING—SEPTEMBER 3,2014 PAGE 5 OF 5 ADJOURNMENT Chairperson Henderson adjourned the Regular Meeting at 5:38 p.m. RESPECTFULLY SUBMITTED: z SEAN BEAUDET ASSISTANT TO THE CITY CLERK APPROVED: BOB HENDERSON, CHAIRPERSON PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY NOTE: These Minutes were Approved at the 2014 Planning And Zoning Board/Local Planning Agency Regular Meeting.