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HomeMy WebLinkAbout2008 - Unsigned Agreement—rr{I9 A), ✓v'F Arr (o ) P(r rvAAA- " 4 oac-S o� Zip 8 vIENT BETWEEN THE CITY OF SEBASTIAN, FLORIDA, l?� L AND _ vD CAROLE WAGNER, AS CO -TRUSTEES OF THE SHADY C6Un)Gt(� M 1 P TRUST U/A DATED DECEMBER 24, 1985. kGREEMENT is made and entered into this day of fective as of April 23, 2008, 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, ("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 form 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 Pagel of 5 C:\Docu mts and Settings\smaio.SEBASTIAN\Local Settings\Temporary Internet Files�OLKF3'\.shady Rest -Annexation Agrmt 5-13-08 wpd.doc 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 , 2008, to be effective as of April 23, 2008, 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, ("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 form 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 Page 1 of 5 C:,Documents and Settings\smaio.SEBASTIAN\Local Settings\Temporary Intemet File \OLKF3\Shady Rest -Annexation Agrmt 5-13-08 wpd.doc plans to change the use of the Property; and 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, Sebastian 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. 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. 5. Mobile home and recreational vehicle rental parks (as defined in the Sebastian Land Page 2 of 5 C:\Docmnents and Settings\smaio.SEBASTIAMLocal Settings\Temporary Intemet Files\OLKF3'Shady Rest -Annexation Agent 5-13-08 wpd.doc Development Code) are not a listed use within the Commercial Riverfront (CR) 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 sia of the projected change of use and of their need to secure other accommodations". C that a period in excess of six (6) months to secure other accommodations would be mobile home owners and tenants. Therefore, Owner agrees that it will continue tc ` 1 ?x home park for a period of five (5) years from April 23, 2008 to April 22, 2013. a ,'` = C' 7. This Annexation Agreement is not intended to supersede or expand in any l z_ CLQ g -k., p�v� - of Florida laws as set forth in Chapter 723 Florida Statutes, except for the limited pur I provided herein. 8. 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. In the event that it is adequately shown that Owner or its agent is unable to, or otherwise ceases to, sustain and manage the mobile home park in a manner that maintains its functionality, other than as a result of a natural disaster or other casualty, Owner stipulates that appointment of a receiver is an appropriate remedy in the enforcement of this Agreement. Nothing herein should be construed as a waiver of any right granted by law or equity to enforce this Annexation Agreement. Page 3 of 5 C:\Doc==ts and Senings\smaio.SEBASTIAN\Local Settings\Temporary Intemet Files\OLKF3\Shady Rest -Annexation Agrmt 5-13-08 wpd.doc Development Code) are not a listed use within the Commercial Riverfront (CR) 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 April 23, 2008 to April 22, 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. 8. 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. In the event that it is adequately shown that Owner or its agent is unable to, or otherwise ceases to, sustain and manage the mobile home park in a manner that maintains its functionality, other than as a result of a natural disaster or other casualty, Owner stipulates that appointment of a receiver is an appropriate remedy in the enforcement of this Agreement. Nothing herein should be construed as a waiver of any right granted by law or equity to enforce this Annexation Agreement. Page 3 of 5 Q\Docmnents and Settings\smaio.SEBASTIAMLocal Seuings\Temporary Intemet Files\OLKF3\Shady Rest -Annexation Agrmt 5-13-08 wpd.doc 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 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 must be 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: with a copy to: Edward R. Howland Crown Building 3662 Katella Blvd. Los Alamitos, CA 90720 Dill & Evans, P. L. 1565 U. S. Highway 1 Sebastian, FL 32958 11. This Annexation Agreement shall be binding upon the heirs, successof� parties. 0, ' J 12. This Annexation Agreement shall be deemed effective as of April 23. L 1 Page 4 of 5 CADocnments and Settings\smaio.SEBASTIAN\Local Settings�TempoTwy Intemet Files\0LKF3\Shady Res 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 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 must be 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: with a copy to: parties. Edward R. Howland Crown Building 3662 Katella Blvd. Los Alamitos, CA 90720 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 12. This Annexation Agreement shall be deemed effective as of April 23, 2008. Page 4 of 5 00ocuments and Set6ngs\smaio.SEBASTIAN\Loca1 Settings\Temporary Intemet Files\0LKF3\Steady Rat -Annexation Agrmt 5-13-08 wpd.doc IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day i The effective date of this Agreement shall be April 23, 2008. CITY OF SEBASTIAN By:_ Title: Typed name of Officer.) STATE OF FLORIDA COUNTY OF INDIAN RIVER PROPERTY OWNER: SHADY REST MHP TRUST Edward R. Howland, Co -Trustee Carole Wagner, Co -Trustee The foregoing instrument was acknowledged before me this day of , 2008, by , as of the City of Sebastian, Florida, a municipal corporation existing under the laws of the State of Florida, on behalf of the City, who is personally known to me or who has produced as identification. "SEAL" Notary Public My Commission Expires: My Commission Number is: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 2008, by Edward R. Howland, Co -Trustee of the Shady Rest MHP Trust U/A dated December 24, 1985, who is personally known to me or who has produced as identification. "SEAL" Notary Public My Commission Expires: My Commission Number is: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 52008, by Carole Wagner, Co -Trustee of the Shady Rest MHP Trust U/A dated December 24, 1985, who is personally known to me or who has produced as identification. Page 5 of 5 C:\Documenis and Settings\smaio.SESASTIAN\Local Settings\Temporary Internet Files\OLKF3\Shady Rest -Annexation Agrmt 5-13-08 wpd.doc IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day first -above written. The effective date of this Agreement shall be April 23, 2008. CITY OF SEBASTIAN PROPERTY OWNER: SHADY REST MHP TRUST By:_ Title: Edward R. Howland, Co -Trustee Typed name ofOfcer.•) Carole Wagner, Co -Trustee STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of , 2008, by , as of the City of Sebastian, Florida, a municipal corporation existing under the laws of the State of Florida, on behalf of the City, who is personally known to me or who has produced as identification. "SEAL" Notary Public My Commission Expires: My Commission Number is: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 12008, by Edward R. Howland, Co -Trustee of the Shady Rest MHP Trust U/A dated December 24, 1985, who is personally known to me or who has produced as identification. "SEAL" Notary Public My Commission Expires: My Commission Number is: STATE OF _ COUNTY OF The foregoing instrument was acknowledged before me this day of , 2008, by Carole Wagner, Co -Trustee of the Shady Rest MHP Trust U/A dated December 24, 1985, who is personally known to me or who has produced as identification. Page 5 of 5 C: Documents and Settings\smaio.SEBASTIAN,Local Se"ingsJemporary Intemet Files'OLKF3\Shady Rest -Annexation Agent 5-13-08 wpd.doc "SEAL" Notary Public My Commission Expires: My Commission Number is: Page 6 of 6 C:\Documents and Settings�smaio.SEBASTIAN\Local Settings\Temporary Intemet Files\OLKF3\Shady Rest -Annexation Agrmt 5-13-08 wpd.doc