AGENDA MEMORANDUM

 

 

MEETING DATE:   June 25, 2007 

 

From:                          Laura McElhanon, AICP, Community Development Director

 

Subject:                      Resolution for an Annexation Agreement with Aguia             Marina, LLC

 

 

Staff Recommendation:

Staff recommends approval of the proposed annexation agreement with Aguia Marina, LLC.

 

Analysis:

As a result of the proposed annexation of approximately 125.65 acres of land into the City, an Annexation Agreement has been prepared to address the overall concepts of the development. This Agreement provides:

 

 

 

Options:        

1.         Approve the requested annexation agreement.

2.         Disapprove the proposed annexation agreement.

 

Fiscal Impact

There is no fiscal impact as a result of this action.

 

 

Submission Date and Time:    6/20/07 4:19 PM____

 

Department:  Community Development

Prepared by:   Bill Wiley, AICP

Attachments:  Yes__X__   No ______

Advertised:   ____Not Required ______                      

Dates:   __________________________                     

Newspapers:

_________________________________                                                    

_________________________________           

Revised 6/10/04

 

Reviewed by: Dept. Head ________

 

Finance  Dept. __________________                                     

                              

Deputy C.M. ___________________                                                                         

Submitted by:

City Manager ___________________

 

Account No. _________________

 

Project No. ___________________

 

WF No. ______________________

 

Budget  ______________________

 

Available _____________________

 

                            

 

RESOLUTION NO.                       

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LEESBURG, FLORIDA, AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT BETWEEN THE CITY OF LEESBURG AND Aguia Marina, LLC; AND PROVIDING AN EFFECTIVE DATE.

 

 

BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LEESBURG, FLORIDA:

THAT the Mayor and City Clerk of the City of Leesburg are hereby authorized and directed to execute the Annexation Agreement between Aguia Marina, LLC and the City of Leesburg, Florida, in the form attached as Exhibit “A” to this resolution.

THAT this Resolution shall be effective immediately.

 

PASSED AND ADOPTED by the City Commission of the City of Leesburg, Florida, at a

regular meeting held the 25th day of  June 2007.

 

 

 

 

                                                                                    ____________________________

                                                                                    Mayor

ATTEST:                                                                   

 

 

 

______________________________

City Clerk


EXHIBIT A

 

 

THIS INSTRUMENT PREPARED BY & RETURN TO:

Fred A. Morrison

McLin & Burnsed P.A.

Post Office Box 491357

Leesburg, Florida 34749-1357

 

 

Text Box: Annexation Agreement

 

 

Aguia Marina, LLC

(U.S. 27/Turnpike Properties)

                                                                                                                      RESERVED FOR RECORDING

 

 

          THIS AGREEMENT entered into as of the                   day of                                 ,2007, between THE CITY OF LEESBURG, FLORIDA, P.O. Box 490630, Leesburg, Florida 34749-0630, hereafter referred to as the “City,” Aguia Marina, LLC and whose address is Post Office Box 11374 – San Juan, PR 00922-1374 hereafter referred to as the “Developer,”

 

WITNESSETH:

 

            That Developer owns the real property legally described on Exhibit “B” attached, and has applied to annex that property (hereafter referred to as the “Property”) into the City. The parties have entered into this Agreement to set forth certain understandings between them regarding how the Property is to be developed, and which party will be responsible for various expenses connected to the use and development of the Property, if it is annexed into the City and subsequently developed.

 

            NOW THEREFORE, for and in consideration of the mutual covenants and promises contained herein, and of the consideration being given by the City to annexation of the Property into its municipal limits, as well as other good and valuable considerations, receipt whereof is hereby acknowledged, the parties do hereby agree as set forth below:

 

            1.         Developer has requested that the Property be annexed into the City and that it be given a zoning classification of City RE-1 (Estate Density Residential).  However, whether or not such request is granted, prior to actual development the then-owner and prospective developer shall file a fully complete application with all fees, to rezone the property to a Planned Development District, and no permits shall be issued for construction of any improvements on the property until such application has been filed and has been considered and either approved or rejected by the Planning Commission, and if appropriate, the City Commission.

 

            2.         The total land area of the Property is approximately 125.65 acres and the general location of the property is generally situated east of County Road 33 and south of the Florida Turnpike.

 

            3.         All wetlands on the project site shall be identified and the location and extent of each wetland shall be determined by St. Johns River Water Management District and/or U.S. Army Corp of Engineers.  Each wetland shall be placed on a suitable map, signed and sealed by a surveyor registered to practice in Florida and shall be submitted as part of the preliminary plat application.

 

                         4.                       Buildings or structures shall be a minimum of 50 feet from any wetland jurisdiction boundary.

 

 5.      If wetland alteration is permitted by St. Johns River Water Management District, wetland mitigation shall be required in accordance with permit approvals from St. Johns River Water Management District.

 

      6.    A wildlife/historical/archaeological management plan for the project site, if applicable, shall be prepared based on the results of the environmental permit approvals obtained from applicable governmental agencies. The management plan shall be submitted to the City as part of the preliminary plan application.  The Permittee shall designate a responsible legal entity that shall implement and maintain the management plan. 

 

      7.    To the extent practical, wetlands shall be placed in a conservation easement, which shall run in favor of, and be enforceable by, St. Johns River Water Management District or another legal entity such as a homeowners association. The conservation easement shall require that the wetlands be maintained in their natural and unaltered state.  Wetlands shall not be included as a part of any platted lot, other than a lot platted as a common area, which shall be dedicated to St. Johns River Water Management District or another legal entity such as a homeowners association for ownership and maintenance.

 

            8.    Developer shall bear all responsibility, financial and otherwise, for the construction and installation of the following utility infrastructure and other improvements related to the use and development of the Property, all of which shall be constructed to the applicable specifications imposed by the ordinances and regulations of the City in effect at the time of construction. Developer shall dedicate on the plat, or otherwise grant to the City, free of liens or encumbrances other than those which are duly subordinated, easements for water, reuse water, and sewer lines and all other utilities mentioned herein, and shall upon approval of the lines by the City, convey title to all utility lines and related infrastructure (such as, but not limited to lift stations) to the City by deed, bill of sale or other appropriate document. The City shall not be obligated to accept for maintenance any utility lines, roads or other items constructed by the Developer which do not meet the specifications and requirements pertaining thereto as set forth in applicable laws, rules and regulations in effect at the time of construction.

A.                 All interior roads, together with such turning lanes, acceleration and deceleration lanes, traffic signals, signs, striping, and other road improvements, on site or off site, as are necessary to the efficient handling of the traffic to be generated by the proposed development of the Property, and to meet the concurrency requirements imposed by law. Roads and other public thoroughfares within the Property shall be dedicated to the public on the plat or in some other manner, unless Developer desires and intends that the roads remain private, in which case the plat, recorded restrictions or other appropriate documents shall contain notice to all purchasers of land within the Development that they, and not the City, will be responsible for maintenance of the roads.

B.                 All supply lines for potable water service to each residential, commercial or industrial unit constructed on the Property. This shall include the responsibility to construct such off site lines as are necessary to hook the Property onto the City’s potable water system at the nearest location where there is a supply line of sufficient size to serve the needs of the proposed development.

C.                 Separate water supply lines to carry treated wastewater (“Reuse Water”) to be utilized for irrigation and other purposes for which the use of Reuse Water is approved by applicable laws, rules and regulations. This shall include the responsibility to construct such off site lines as are necessary to hook the Property onto the City’s reuse water system at the nearest location where there is a supply line of sufficient size to serve the needs of the proposed development.

D.                Natural gas lines to supply each structure constructed on the Property with natural gas. This shall include the responsibility to construct such off site lines as are necessary to hook the Property onto the City’s natural gas supply system at the nearest location where there is a supply line of sufficient size to serve the needs of the proposed development. Developer shall be responsible for the installation of a natural gas water heater and natural gas furnace in eighty percent (80%) of all homes in the development.

E.                 Wastewater lines and any necessary lift stations to convey wastewater from each structure on the Property to the City’s wastewater treatment system. This shall include the responsibility to construct such off site lines as are necessary to hook the Property onto the City’s wastewater treatment system at the nearest location where there is a collection line of sufficient size to serve the needs of the proposed development.

F.                  Electrical transmission lines shall be placed underground to serve each structure on the Property. If the Property is not within the City’s electrical service area, the requirement to convey the electrical supply lines to the City shall not apply, however Developer shall still be required to dedicate easements sufficient in size and location for the placement, maintenance, repair, upgrade and improvement of the electrical supply system by the utility in whose service area the Property is located.

G.                Fiber optic cables to serve each structure constructed on the Property with data and other services capable of transmission over such lines. Provided, however, this requirement is only applicable if the City’s fiber optic cable system is available adjacent to the Property at the time of construction/improvement plan approval by the City.

H.                If in its discretion the City desires to have any of the foregoing utility lines oversized for any reason, such as but not limited to serving future development, it may require Developer to install the oversized lines but the City shall pay the difference in cost between the lines which would have been adequate to serve the Property, and the cost of the oversized lines required by the City.

9.         At the time of building permit approval, or other time as specified by City or Lake County ordinance, Developer shall pay all applicable impact fees, connection charges, or other legally adopted fees and costs required by the City or Lake County.

10.       Nothing in this Annexation Agreement shall be construed to exempt the Developer or the Property from any requirements imposed by the City code or other applicable laws, rules and regulations regarding any permits or approvals necessary for the anticipated development of the Property, including but not limited to, platting, building permits, zoning or conditional use permits or amendments to the Future Land Use Element of the Comprehensive Plan as required for the uses to which Developer proposes to put the Property, site plan approvals, or other permitting requirements imposed by local, state or federal government, or any agency thereof.

11.       Developer understands and acknowledges that by entering into this Annexation Agreement, the City is not committing to approve any aspect of the proposed development of the Property, or to do any other act which requires public hearings or approval by the City Commission or other agency or body of the City such as the Planning Commission. All decisions regarding zoning, land use, permitting, and other such approvals, must be made by the body having jurisdiction over such decision under applicable law, and in accordance with all public hearing and participation requirements now or hereafter in effect. This Annexation Agreement shall not be effective, nor shall it be binding on either party, until such time as the Property has been duly annexed into the municipal limits of the City in accordance with all applicable requirements including notice to surrounding property owners and public hearings which are in accordance with Florida Statutes, and the City’s Code of Ordinances. The City does not, by negotiation of this Annexation Agreement with the Developer, intend to commit itself to annex the Property, and shall not be obligated to do so. However, if the City denies Developer’s petition to annex the Property into its municipal limits, this Annexation Agreement shall become void and of no force or effect once the decision of the City Commission to deny the petition to annex has become final and is no longer subject to appeal.

12.       Venue for any action or proceeding arising under this Annexation Agreement shall be in Lake County, Florida. This Annexation Agreement shall be construed in accordance with the laws of Florida. In the event of any litigation arising under this Annexation Agreement, the prevailing party shall be entitled to recover its reasonable court costs and attorneys’ fees at both the trial and appellate levels, in addition to any other relief obtained.

IN WITNESS WHEREOF, the parties have caused their duly authorized officers to set their hands and seals to this Annexation Agreement.

WITNESSES:                                                                        DEVELOPER:

 

                                                                                    BY:                                                                 

                                                                                                 Aguia Marina, LLC    

 Marie Constantinou

 Manager         

                                                                                           

Type or print name of witness                                             

                                                                       

                                                                                                           

Type or print name of witness

STATE OF FLORIDA

COUNTY OF LAKE

 

BEFORE ME, the undersigned Notary Public, Marie Constantinou, Manager, Aguia Marina, LLC, personally appeared before me and acknowledged on the            ______ day of                                                 , 2007, that he executed the foregoing instrument in said capacity. He is {CHECK ONE}  personally known to me, or else who  produced                                                                 as identification.

 

                                                                                                                                                           

NOTARY PUBLIC                                                     Commission Number

 

                                                                                                                                                           

Type or print name of Notary                                      Commission Expiration Date

 

 

 

 

 

THE CITY OF LEESBURG, FLORIDA

 

                                                                                    BY:                                                                 

                                                                                                MAYOR

Attest:                                                                        

            CITY CLERK

 

 

 

Approved as to form and content:

 

                                                                       

CITY ATTORNEY

 

 

STATE OF FLORIDA

COUNTY OF LAKE

 

            BEFORE ME, the undersigned Notary Public, personally appeared                                                                          , as Mayor, and _________________________________, as City Clerk, who appeared personally before me and acknowledged on the         day of                                                 , 2007, that they executed the foregoing instrument on behalf of the CITY OF LEESBURG, FLORIDA, and who were either {CHECK ONE}  personally known to me, or else who  produced                                                                                                                                               as identification.

 

 

 

                                                                                                                                                           

NOTARY PUBLIC                                                     Commission Number

 

                                                                                                                                                           

Type or print name of Notary                                      Commission Expiration Date

 

 

 

 


 

EXHIBIT B

 

Legal Description

 

 

CASE #: 137A-4-090706        

 

The South ½ of the Southeast ¼ of Section 27, Township 20 South, Range 24, East, in Lake County, Florida, lying East of State Road 33 and South of the Florida State Turnpike.

 

The Northeast ¼ of Section 34, Township 20 South, Range 24, East, in Lake County, Florida, lying East of State Road 33 and South of the Florida State Turnpike.

 

LESS AND EXCEPT that portion of the above described property conveyed to the Florida State Turnpike Authority by deed recorded O.R. Book 211, Page 143, of the Public Records of Lake County, Florida.

                                                                                                     

Alternate Key Numbers: 1035422 & 1296633