HomeMy WebLinkAboutClassic Properties of Centeral Florida, Inc. Amended Agreement -1997 05 01
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AMENDED AGREEMENT REGARDING
CLASSIC PROPERTIES ANNEXATION INTO THE
CITY OF WINTER SPRINGS
TillS AMENDED AGREEMENT specifically modifies and amends that certain ~
agreement dated the I tt day of frJl'1-V , 1991, by and between CLASSIC
PROPERTIES OF CENTRAL FLORlDA: INe. 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 qated the 1st day of
May, 1997 (hereinafter called the pnor agreement) provided that CLASSIC
PROPERTIES 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 Oviedo and
annex into the City of Winter Springs; and
WHEREAS, the City of Oviedo and the City of Winter Springs have a separate
agreement providing for the de-annexation of certain properties from the City of Oviedo
and the annexation of these properties into the City of Winter Springs including the
subject property; and
WHEREAS, this existing agreement between the City of Oviedo and the City of
Winter Springs is that certain agreement entitled AMENDED SETTLEMENT
AGREEMENT, frequently referred to as the mall settlement agreement dated the ih day
of August, 1995, between various parties including the City of Winter Springs and the
City of Oviedo; and
WHEREAS, the parties to this Amended Agreement have determined that 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 agree that the subject property shall
be a water service customer of the City of Winter Springs if water service is discontinued
by the City of Oviedo; and
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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 connect the
subject property to the 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 delivered 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
WHEREAS, to accomplish this connection to City water system, Classic
Properties agrees to promptly notify City of the date of termination of water service by
City of Oviedo; 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 al).nexation 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 of time so long as said fee is ultimately paid; and
WHEREAS, the City and Classic Properties agree that Classic Properties will be
charged the then existing water service and meter fee, which shall not exceed a total of
$2500,00, when water service is provided to the subject propelty owned by Classic
Properties but that said payment shall be extended over a period of thirty months as set
forth herein; and
WHEREAS, the parties agree that the means of calculating the periodic payments
due from Classic Properties shall be ,based upon an amount represented by thirty equal
payments with the first payment, plus interest, due twelve (12) months, a second twenty
four (24) months, and a third due thirty (30) months after connection to the City's water
service system; and
WHEREAS, the City and Classic Properties agree that Classic Properties shall file
a petition for de-annexation with the cost of any filing charged by the City of Oviedo not
to exceed $200,00 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
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WHEREAS, the City of Winter Springs has agreed to waive the filing fee
typically due from a property owner seeking to file a petition for annexation into the City
of Winter Springs,
NOW THEREFORE 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,
A Water Service, The City and Classic Properties agree that Classic
Properties shall become a water service customer of the City of Winter Springs if water
service is discontinued by the City of Oviedo following the de-annexation from the City
of Oviedo and upon annexation into the City of Winter Springs,
B, The City agrees to provide water service to the subject property owned by
Classic Properties as follows (i) in the event that the City of Oviedo terminates water
service to the subject property with less than five (5) days prior notice the City agrees to
provide water service to the subject property within seventy-two (72) hours 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
Properties, Classic Properties agrees to notify the City of Winter Springs within one (1)
working day (24 hours) if City of Oviedo gives Classic Properties less than thirty (30)
days notice of termination of water service, (ii) Should the City of Oviedo give Classic
Properties longer notice than thirty (30) days Classic Properties 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 Mr, Alan D, Davis
City of Winter Springs P,O, Box 650537
1126 E, S,R. 434 Oviedo, FL 32765-0537
Winter Springs, FL 32708
COpy TO:
City Utilities Director
City of Winter Springs
1126 E. S,R. 434
Winter Springs, FL 32708
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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, but such fees shall
not exceed a total of $2500,00, applicable at the time of delivery of water service to the
subject property with said sum to be paid as follows:
=Classic Properties may elect to pay said sum over a period not to exceed thirty (30)
months with one-third of the principal, plus then accrued interest, due twelve (12) months
after the water service connection; with a second payment of one third of the principal,
and accrued interest, due twenty four (24) months after connection to City's water
system; and, the balance of the principal and accrued interest due thirty (30) months after
said connection; and,
=The interest rate shall be that sum the City pays for short-term money, plus one (1 %), -
calculated annually; and,
=Classic Properties agrees that a lien representing the unpaid balance shall be recorded in
Public Records of Seminole County, Florida, in a form as if a public improvement
assessment program for the water service connection were in place,
2, Classic Properties shall not be responsible to the City of Winter Springs
for any de-annexation/annexation related fees, taxes or payments other than those
specifically noted within this Agreement.
3. Classic Properties shall apply to the City of OVied~~annexation within ~
thirty (30) days of the approval and execution of this agreement by the City of Winter
Springs, but by July 1,1999, Classic Properties agrees to apply to the City of Oviedo on
forms specified by the City of Oviedo for de-annexation of this property at cost to the
owner provided cost does not exceed $200,00, In accordance with the prior agreement,
the City attorney of the City of Winter Springs agrees to assist Classic Properties with the
preparation of the petitions for de-annexation and annexation,
Simultaneous with the petition for de-annexation out of 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, m>>
This agreement is supplemental to the prior agreement dated May 1, 1997 tWId
4,
except as specifically inconsistent with the prior agreementJall terms and conditions of
the prior agreement are hereby ratified and incorporated into this agreement as if
specifically set forth herein,
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IN W~SS WHEREOF the parties have set their hands and seal this f
day of ~ tA.AA] ~ ,1999,
CLASSIC PROPERTIES CITY OF WINTER SPRING,S"" \ 'II: II
mNTRAL JOl me ,.... ".' '/;//
~ ,{;. ~ Br f(f7/1IJU It) 1Yl' f ~:- ,', ,";
ALAN D, DAVIS It s CITY MANAGER ' --:: "
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ATTEST: ATTEST:
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STATE OF FLORJDA ~
COUNTY OF .:::Jfn I nd V
e foregoing instrument was ackno Lj'j--L- day
of U- , 1999, by of Classic
Propertie of Central Florida, or has produced
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NOTARY PUBuc . ITATI
C CAMeuIA L ~FLClAaA
~~ Nota~PUblic
'n1RuASA f~ARY9
My Commission Expires: jtrhJ (( A
Print Name
STATE OF FLORIDA
COUNTY OF SEMINOLE
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~ The foregoing instrument was acknowledged before me this / # day of
~d--enc. i:J A , 1999, by Rona, . nager of the City
of WiTlter Springs, Florida, He is ersonally known to me or s produced
as identification,
;;. ~ Atrry R lovingfoss S
*1 *My Commission CC862625
~..~ ExplresAugust 12, 2003
My Commission Expires:
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