HomeMy WebLinkAboutCity of Oviedo - Interlocal Agreement - Winter Springs Delivery of Water and Sewer to SR 434 Ovideo Parcel) - 2025 04 07Grant Maloy, Clerk Of The Circuit Court & Comptroller Seminole County, FL
Inst #2025033332 Book:10803 Page:219-224; (6 PAGES) RCD: 4/8/2025 3:42:23 PM
REC FEE $52.50
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
Anthony A. Garganese
City Attorney of Winter Springs
111 N. Orange Avenue, Suite 2000
Orlando, Florida 32802
INTERLOCAL AGREEMENT
(Winter Springs Delivery of Water and Sewer to SR 434 Oviedo Parcel)
THIS INTERLOCAL AGREEMENT, dated this I f k- day of Af,, , 2025 (hereafter
referred to as "Agreement") between the CITY OF WINTER SPRINGS, a municipal corporation
in the State of Florida (hereinafter referred to as "Winter Springs"), and the CITY OF OVIEDO,
a municipal corporation in the State of Florida (hereinafter referred to as "Oviedo"). Winter
Springs and Oviedo 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, Winter Springs and Oviedo desire to enter into this Agreement to facilitate
the development of two adjacent parcels of land located on the south side of State Road 434, east
and near the interchange of State Road 417, one being within the jurisdictional boundaries of
Winter Springs and the other being within the jurisdictional boundaries of Oviedo, into a single
development project; and
WHEREAS, Julio A. Rodriquez & Paez-Rodriguez is the current fee simple owner of the
parcel of land within Winter Springs, Florida, Parcel I.D. 04-21-31-300-0040-0000 ("Winter
Springs Property") and SR 434 Prop LLC is the current fee simple owner of the parcel of land
within Oviedo, Florida, I.D.04-21-31-501-OA00-0000 ("Oviedo Property"); and
WHEREAS, SR 434 Prop LLC is under contract to purchase the Winter Springs Property
and has represented to the cities of Oviedo and Winter Springs that it is authorized to act on behalf
of the current owners of the Winter Springs Property; and
WHEREAS, SR 434 Prop LLC has further represented to Oviedo and Winter Springs that
it intends to construct a commercial retail building on each of the Winter Springs Property and the
Oviedo Property; and
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Book 10803 Page 220
Instrument# 2025033332
WHEREAS, Winter Springs is ready, willing and able to provide water and sewer service
to the Winter Springs Property; and
WHEREAS, the City of Oviedo currently lacks water and sewer transmission lines in close
proximity to the Oviedo Property; and
WHEREAS, during the term of this Agreement, Oviedo is willing to provide a limited
jurisdictional transfer to Winter Springs to permit Winter Springs to temporarily provide its water
and sewer services to the Oviedo Property; and
WHEREAS, Winter Springs is willing to temporarily provide its water and sewer services
to the Oviedo Property only upon the terms and conditions stated in this Agreement including that
the Winter Springs Property be developed and provided Winter Springs water and sewer service
prior or simultaneously to the Oviedo Property; and
WHEREAS, SR 434 Prop LLC will be required to submit their development plans to
Winter Springs and Oviedo in accordance with each jurisdiction's comprehensive plan, land
development regulations and development permit procedures; and
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 1. Recitals. The recitals set forth above are true and correct and by this
reference are incorporated herein as part of this Agreement.
SECTION II. Authorized Commercial Retail Building; Limited Transfer of
Jurisdiction.
(A) Winter Springs and Oviedo each confirm that the comprehensive plan future land use
map designation and zoning designation assigned to the portion of the Subject
Properties jurisdiction allows the development of a commercial retail building, subject
to their respective applicable comprehensive plan and land development regulations.
Furthermore, Winter Springs and Oviedo agree to cooperate, coordinate, and maintain
ongoing communication regarding the permitting process for the commercial retail
buildings on the Subject Properties.
(B) Oviedo hereby agrees to transfer jurisdiction over water and sewer services for the
Oviedo Property to the City of Winter Springs to facilitate the provision of water and
sewer service by Winter Springs to the Oviedo Property. In addition, Oviedo and
Winter Springs agree that Winter Springs agrees to accept the transfer of jurisdiction
for water and sewer services to the Oviedo Property on the condition that the
commercial retail building on the Winter Springs Property is constructed first and that
water and sewer service is established first for the Winter Springs Property, or if elected
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Book 10803 Page 221
Instrument# 2025033332
and feasible to the developer, the buildings are constructed and water and sewer
established simultaneously. The commercial retail building on the Winter Springs
Property shall be constructed in accordance with the development permitting
procedures of Winter Springs. The commercial retail building on the Oviedo Property
shall be constructed in accordance with the development permitting procedures of
Oviedo. For purposes of this subparagraph (B), the term "constructed" shall mean a
certificate of occupancy has been issued, and the term "established" shall mean the
building was connected to Winter Springs' water and sewer system and a utility account
has been opened with Winter Springs to continence billing for water and sewer services.
(C) Winter Springs shall invoice and collect water and sewer impact fees and any other
applicable connection or service charges to the Oviedo Property in the same manner as
the Winter Springs Property. Further, Winter Springs shall hereby have the right to lien
the Oviedo Property for any unpaid charges due Winter Springs for providing water
and sewer service to the Oviedo Property
(D) Oviedo retains jurisdiction and authority over the property in its City for all other
purposes, including without limitation, home rule and police power regulation, police,
fire, other governmental and emergency services, and the imposition and collection of
ad valorem and non -ad valorem taxation.
(E) Winter Springs retains jurisdiction and authority over the property in its City 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 until such time as Oviedo has
made utility services for water and sewer available to the Oviedo Property and the Oviedo Property
owner has established a connection to such services. In such event, Oviedo shall provide Winter
Springs with at least thirty (30) days written notice of termination in order to provide Winter
Springs sufficient time to terminate the water and sewer utility connection to the Oviedo Property
and collect any applicable and outstanding charges owed to Winter Springs by the Oviedo Property
owner for services rendered and disconnection charges.
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:
Winter Springs:
City Manager
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708
nNAI-d 1'
City Manager
City of Oviedo
400 Alexandria Boulevard
Oviedo, Florida 32765
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Book 10803 Page 222
Instrument# 2025033332
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.
2. This Agreement shall be construed and enforced in accordance with, and governed
by, the laws of the State of Florida. Any legal action or proceeding arising out of or relating to this
Agreement shalt be brought exclusively in the state courts located in Seminole County, 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 and the recordation of this Agreement in the Official Public Records of
Seminole County ("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 Oviedo with a recorded copy of the Agreement upon receipt from the Clerk
of the Circuit Court.
IN WITNESS WHEREOF, Winter Springs and Oviedo have executed this Interlocal
Agreement on the dates inscribed below.
(Remainder of page intentionally left blank.)
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Book 10803 Page 223
Instrument# 2025033332
CITY OF WINTER SPRINGS, a Florida
municipal corporation
By: - _a
Kevin McCann, Mayor
r
Attest:
Christian Gowan, City Cferk
(SEAL)
Approved by the City Commission and Executed on:
Approved as to form and legal sufficiency
For the City f Winter Springs only:
Anthony A. Garganese, City Attorney
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Instrument# 2025033332
CITY OF OVIEDO, a Florida
mur
Attest:
Elianne Rivera, CMC, FCRM
City Clerk
(SEAL)
Approved by the City Council and Executed on: 0,
Approved as to form and legal sufficiency
For the o edo only:
David W. Hall, Assistant City Attorney
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CITE
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