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HomeMy WebLinkAbout2025 03 31 Regular 500 - Interlocal Agreement with City of OviedoREGULAR AGENDA ITEM 500 CITY COMMISSION AGENDA | MARCH 31, 2025 REGULAR MEETING TITLE Interlocal Agreement with the City of Oviedo: Winter Springs Delivery of Water & Sewer to State Road 434 Parcel SUMMARY After receiving a request from the owner/developer at a previous Commission meeting, the City Commission directed that the City Attorney and staff negotiate an interlocal agreement with the City of Oviedo regarding a proposed commercial project near State Road 417 that is located on two adjacent parcels with split jurisdiction between the cities of Oviedo and Winter Springs. The developer proposes to construct a commercial retail project on both properties. However, the City of Oviedo is unable to provide water and sewer to the property located within the City of Oviedo's jurisdiction at this time. The property owner/developer requested that the City of Winter Springs temporarily provide water and sewer to the Oviedo property. The Interlocal Agreement provides that Winter Springs will provide water and sewer service to the Oviedo property on the condition that the commercial retail building proposed for the Winter Springs property is constructed first and that water and sewer service is established first for the Winter Springs Property. The Developer could elect to develop both properties simultaneously. Each party retains jurisdiction and authority over the property in its City at all times, with the exception the City of Winter Springs is granted authority under the Agreement to temporarily provide water and sewer service to the Oviedo property. The Agreement will remain in effect until such time as the City of Oviedo has made utility service for water and sewer available to the Oviedo property and Oviedo has established a connection to such service. If the City of Oviedo establishes the connection, the Winter Springs connection to the Oviedo property will be terminated. It is uncertain at this time if and when the City of Oviedo may be able to provide water and sewer to the subject property. The Oviedo City Council will be considering approval of the Agreement at their first meeting in April. FUNDING SOURCE 878 RECOMMENDATION Staff recommends the Commission consider approving the Interlock Agreement with the City of Oviedo. 879 Page 1 of 6 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 ____ day of ____, 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.04-21-31-501-0A00-0000 (“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 880 Page 2 of 6 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 881 Page 3 of 6 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 commence 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: Oviedo: City Manager City Manager City of Winter Springs City of Oviedo 1126 East State Road 434 400 Alexandria Boulevard Winter Springs, FL 32708 Oviedo, Florida 32765 882 Page 4 of 6 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 shall 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.) 883 Page 5 of 6 CITY OF WINTER SPRINGS, a Florida municipal corporation By: ___________________________ Kevin McCann, Mayor Attest: ___________________________ Christian Gowan, City Clerk (SEAL) Approved by the City Commission and Executed on: ______________ Approved as to form and legal sufficiency For the City of Winter Springs only: _______________________________ Anthony A. Garganese, City Attorney 884 Page 6 of 6 CITY OF OVIEDO, a Florida municipal corporation By: Megan Sladek, Mayor Attest: Elianne Rivera, CMC, FCRM City Clerk (SEAL) Approved by the City Council and Executed on: Approved as to form and legal sufficiency For the City of Oviedo only: David W. Hall, Assistant City Attorney 885