HomeMy WebLinkAbout2009 - Signed Agreement'WEEN THE CITY OF SEBASTIAN, FLORIDA,
AND
LE WAGNER, AS CO -TRUSTEES OF THE SHADY
U/A DATED DECEMBER 24,1985.
NT is made and entered into this day of
, FLORIDA, a municipal corporation of the State of Florida,
JOWLAND AND CAROLE WAGNER, AS CO -TRUSTEES
OF THE SHADY REST MHP TRUST U/A DATED DECEMBER 24, 1985, as amended ("Owner").
WITNESSETH:
WHEREAS, Edward R. Howland and Carole Wagner, as Co -Trustees of the Shady Rest MHP
Trust, is the owner of the real property located in unincorporated Indian River County, Florida, which is
legally described on Exhibit "A" attached hereto and which is known as the Shady Rest Mobile Home
Park("the Property"); and
WHEREAS, the Property is located within the Indian River County Urban Service Area and
therefore is excluded from the restrictions on annexations imposed by the Interlocal Agreement relating to
annexations under Chapter 171 Florida Statutes, as adopted by Resolution R-07-22 by the City of
Sebastian; and
and
WHEREAS, the Property is substantially contiguous to the municipal boundaries of Sebastian;
WHEREAS, Sebastian desires to annex the Property into its municipal boundaries and said
annexation would not result in the creation of any enclaves and the annexation of the Property will be in
the best interests of Sebastian and its residents; and
WHEREAS, the Property is currently being used as a rental mobile home park with no current
plans to change the use of the Property; and
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ANNEXATION AGREEMENT BETWEEN THE CITY OF SEBASTIAN, FLORIDA,
AND
EDWARD R. HOWLAND AND CAROLE WAGNER, AS CO -TRUSTEES OF THE SHADY
REST MHP TRUST U/A DATED DECEMBER 24,1985.
THIS ANNEXATION AGREEMENT is made and entered into this day of ,
2009, between the CITY OF SEBASTIAN, FLORIDA, a municipal corporation of the State of Florida,
("Sebastian' or "City") and EDWARD R. HOWLAND AND CAROLE WAGNER, AS CO -TRUSTEES
OF THE SHADY REST MHP TRUST U/A DATED DECEMBER 24, 1985, as amended ("Owner").
"I 0 Y"IRVA-0
WHEREAS, Edward R. Howland and Carole Wagner, as Co -Trustees of the Shady Rest MHP
Trust, is the owner of the real property located in unincorporated Indian River County, Florida, which is
legally described on Exhibit "A" attached hereto and which is known as the Shady Rest Mobile Home
Park("the Property"); and
WHEREAS, the Property is located within the Indian River County Urban Service Area and
therefore is excluded from the restrictions on annexations imposed by the Interlocal Agreement relating to
annexations under Chapter 171 Florida Statutes, as adopted by Resolution R-07-22 by the City of
Sebastian; and
and
WHEREAS, the Property is substantially contiguous to the municipal boundaries of Sebastian;
WHEREAS, Sebastian desires to annex the Property into its municipal boundaries and said
annexation would not result in the creation of any enclaves and the annexation of the Property will be in
the best interests of Sebastian and its residents; and
WHEREAS, the Property is currently being used as a rental mobile home park with no current
plans to change the use of the Property; and
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WHEREAS, Sebastian can provide the necessary general government, non-proprietary services to
the Property, normally being provided to its residents, such as police protection, code enforcement
building and zoning services, as needed; and
WHEREAS, City and Owner support the annexation of the Property into the City and the City is
willing to enter into this Agreement pursuant to the authority of the Florida Constitution (including
Article VIII, Section 2(b) and 2(c) thereof), the general powers conferred upon municipalities by statute
and otherwise (including Chapter 166 and Chapter 171, Florida Statutes) and the City's Charter; and
WHEREAS, Sebastian and Owner desire to establish agreements relating to land development
and use upon the annexation of the Property into the City of Sebastian.
NOW THEREFORE, the parties agree as follows:
1. The foregoing recitations are true and correct and are incorporated herein by reference.
2. Sebastian and Owner are proceeding with the voluntary annexation of the Property into the
City of Sebastian. Upon the annexation of the Property into the City, this Agreement shall govern the
parties' rights and obligations regarding the Property as to the matters provided herein.
3. The parties agree to promptly and diligently pursue an amendment to Sebastian's
Comprehensive Land Use Map to accommodate the land use of Riverfront Mixed Use (RMU) for the
Property. After the Map amendment has taken effect, City Staff agrees to cooperate with Owner in the
rezoning of the Property to Commercial Riverfront (CR) and, at some undetermined future time, the
issuance of other development orders (permits) necessary to change the use of the Property for
development consistent with Commercial Riverfront zoning of the Land. Nothing herein shall bind the
City Council of the City of Sebastian to the approval of the zoning classification. The City Council of the
City of Sebastian retains full quasi-judicial authority in establishing the Land Use and Zoning
designation(s) for subject parcel.
4. The receipt of a new Comprehensive Land Use Map designation and a new zoning district for
the Property does not result in a change of use of the Property.
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5. Mobile home and recreational vehicle rental parks (as defined in the Sebastian Land
Development Code) are not a listed use within the Commercial River£ront (CK) zoning district.
However, since the use of the Property is designed and built to accommodate mobile homes and
recreational vehicles within its 117 rental spaces, the Property and its 117 rental spaces shall be allowed
to be used for such purposes for a period of ten (10) years following the annexation of the Property into
the City. At the end of said ten (10) year period, the rental of the 117 spaces shall cease and the use of the
Property as a mobile home and recreational vehicle rental park shall terminate and any further use of the
Property shall be in conformance with the zoning of the Property.
6. The Owner of the Property is subject to the provisions of Chapter 723, Florida Statutes, the
Florida Mobile Home Act. When there is a change in use of the Property, Section 723.061 (1)(d) Florida
Statutes requires the Owner to give the mobile home owners and tenants "at least six (6) months' notice
of the projected change of use and of their need to secure other accommodations". Owner acknowledges
that a period in excess of six (6) months to secure other accommodations would be of great help to the
mobile home owners and tenants. Therefore, Owner agrees that it will continue to operate the mobile
home park for a period of five (5) years from June 11, 2008 to June 10, 2013.
7. This Annexation Agreement is not intended to supersede or expand in any way, the provisions
of Florida laws as set forth in Chapter 723 Florida Statutes, except for the limited purposes as specifically
provided herein.
S. Either party may enforce the terms of this Annexation Agreement by any action at law or in
equity. It is stipulated, without limitation to other such remedies, that injunctive relief be available
without requirement that the absence of an adequate remedy at law be proved. Nothing herein should be
construed as a waiver of any right granted by law or equity to enforce this Annexation Agreement.
9. This Agreement incorporates and includes all prior negotiations, correspondence,
conversations, agreements or understandings applicable to the matters contained herein and the parties
agree there are no commitments, agreements or understandings concerning the subject matter of this
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Agreement that are not contained in or incorporated into this document.
10. All notices, demands, requests or replies provided for or permitted by this Agreement shall
be in: writing and may be delivered by one of the following methods:
A. By personal delivery.
B. By deposit with United States Postal Service as certified or registered mail, return receipt
requested, postage prepaid, to the addresses stated below. Notwithstanding these requirements, there
mustbe written acknowledgment of receipt of notice. For purposes of notice, demand, request or
payment, the address of the City shall be:
The City of Sebastian
1225 Main Street
Sebastian, Florida 32958
The address of the Property Owner shall be:
Edward R. Howland
Crown Building
3662 Katella Blvd.
Los Alamitos, CA 90720
with a copy to:
Dill & Evans, P. L.
1565 U. S. Highway 1
Sebastian, FL 32958
11. This Annexation Agreement shall be binding upon the heirs, successors and assigns of the
parties.
12. This Annexation Agreement shall be deemed effective as of March 25, 2009.
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IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day first -above written.
CITY OF SEBASTIAN
Print
Title.
Approved as to form and legality for
reli by the City of Sebastian:
Robert A. Ginsburg, City Atty
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me t�}s CX"N- day of 7 , 2009,
by %Z/�/��_ , as CA of the City of
Sebastian, Florida, a municipal corporation existing under the laws & the State 6Y Florida, on behalf of
the City, who is personally known to me or who has produced as
identification.
Notary Pub
"SEAL" My Commission Expires:
My Commission Number is:
Sally A. Maio
Commission # DD595269
Expires October 5, 2010
Q�jQ�r
Banded troy FGM nwwanca. NIG. Opp.�9bT01O
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OWNER:
to
Zjm�
— R. Howland, Co -Trustee
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this 2 �� day of March, 2009, by
Edward R. Howland, Co -Trustee of the Shady Rest MHP Trust U/A dated December 24, 1985, as
amended, who is personally known to me or who has produced
as identification.
"SEAL''
jNta ublicmmission Expires:
r JODEE BUCK My Commission Number is:
MY COMMISSION A DD 601176
., EXPIRES: November 19, 2010
BOnded Thru Notary Pubs Urtdenwilers
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OWNER:
Carole Wagner, Co -Trustee
STATE OF CALIFORNIA
COUNTY OF
The foregoing instrument was acknowledged this day of , 2009, before me,
Notary Public, personally Carole Wagner, Co -Trustee of the Shady Rest
MHP Trust U/A dated December 24, 1985, as amended, who proved to me on the basis of satisfactory
evidence to be the person whose name is subscribed to the within instrument and acknowledged to me
that he/she executed the same in his/her authorized capacity, and that by his/her signature on the
instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
"SEAL"
Notary Public
My Commission Expires:
My Commission Number is:
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