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Home My WebLink About2008 - Draft AgreementANNEXATION AGREEMENT BETWEEN THE CITY OF SEBASTIAN, FLORIDA, • AND EDWARD % HOWLAND AND CAROLE WAGNER, AS CO -TRUSTEES OF THE SHADY REST MHP TRUST U/A DATED DECE ER 24,1985. THIS ANNEXATION AGREEMENT is made and entered into this day of , 2008, to be effective as of April 23, 20f J%t /(Y FLORIDA, a municipal corporation of the State of Florida, i HOWLAND AND CAROLE WAGNER, AS CO-TRUSTEF U/A DATED DECEMBER 24, 1985, ("Owner"). WHEREAS, Edward R. How/anda.ragn Trust, is the owner of the real properorpo legally described on Exhibit "A" atthiclPark ("the Property"); and WHEREAS, the Property ise Indian River County Urban Service Area and therefore is excluded form the restyictions on annexations imposed by the Interlocal Agreement relating to annexations under Chapter I?1 Florida Statutes, as adopted by Resolution R-07-22 by the City of Sebastian; and WHEREAS, th roperty is substantially contiguous to the municipal boundaries of Sebastian; and WHERE , Sebastian desires to annex the Property into its municipal boundaries and said annexation wo d not result in the creation of any enclaves and the annexation of the Property will be in the best inter6sts of Sebastian and its residents; and S, the Property is currently being used as a rental mobile home park; and S, 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 • Page 1 of 5 C:Ubcuments and Settingsl kingUzW SettingsU mponry Intemet Fdes�OLMMCleanedShady Rest -Ann Agmrt 417-08.wpddoe M � %4nf1� �l� I b°f ANNEXATION AGREEMENT BETWEEN THE CITY OF SEBASTIAN, FLORIDA, . AND EDWARD R. HOWLAND AND CAROLE WAGNER, AS CO -TRUSTEES OF THE SHADY REST MMP TRUST U/A DATED DECEER 24,1985. 7 57 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 fTRUST U/A DATED DECEMBER 24, 1985, ("Owner"). WTTNESSET WHEREAS, Edward R. Howland and Carole agner, as Co -Trustees of the Shady Rest MHP Trust, is the owner of the real property located i legally described on Exhibit "A" attached Indian River County, Florida, which is and which is known as the Shady Rest Mobile Home Park ("the Property"); and • WHEREAS, the Property isocated within the Indian River County Urban Service Area and therefore is excluded form the restylctions on annexations imposed by the Interlocal Agreement relating to annexations under Chapter 1 j/1 Florida Statutes, as adopted by Resolution R-07-22 by the City of Sebastian; and WHEREAS, th roperty is substantially contiguous to the municipal'boundaries of Sebastian; and WHERE , Sebastian desires to annex the Property into its municipal boundaries and said annexation wo d not result in the creation of any enclaves and the annexation of the Property will be in the best inter)Ests of Sebastian and its residents; and the Property is currently being used as a rental mobile home park; and 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 • Pagel of 5 C1Documents and Settingsykin&\Izcsl Settings\remponry Internet Files\OLKWSTIesnedShady Rest- anon Agrmt 417-08.wpddoe Nom �rt �C- 1%Katie- -- 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 t/voluntannexation of the Property into the City of Sebastian. Upon the annexation of the Properity, this Agreement shall govern the parties' rights and obligations regarding the Property as ts provided herein. 3. The parties agree to promptly and iligently pursue an amendment to Sebastian's • Comprehensive Land Use Map to accommodate a land use of Riverfront Mixed Use (RML)) for the Property. After the Map amendment has take effect, Sebastian agrees to cooperate with Owner in the rezoning of the Property to Commercial verfront (CR) and, at some undetermined future time, the issuance of other development/ordpermits) necessary to change the use of the Property for development consistent with ComRiverfront zoning of the Land. 4. The receipt of a new nsive Land Use Map description and a new zoning district for the Property does not result in a cuse of the Property. 5. Mobile home anA recreational vehicle rental parks (as defined in the Sebastian Land Development Code) are 7an allowed use within the Commercial R.iverfront (CR) zoning district. However, since the usehe Property is designed and built to accommodate mobile homes and recreational vehicles within its 117 rental spaces, the Property shall be allowed to be used for such • Page 2 of 5 C:\Dowmentz and Setrings\jking\Local Servings\7emporary lutemet Fdu\OLKSCg\CleaoedShadyRwt-Aonexnion Agrmt 417-O8.wpddoe 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 use of the Property as a mobile home and recreational vehicle rental park shall terminate and any further use of the Property shall be 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 her accommodations would be of great help to the mobile home owners and tenants. Therefore, bject to the provisions in Section 7 below, Owner agrees that it will continue to operate the mobi home park for a period of five (5) years from April 23, 2008 to April 22, 2013. (70T RQ�e��d -725, flit: statatoi e requ 7. There are 117 rental spaces on a Property. If at any time, whether before or after the • effective date of this Annexation Agreeme t, there are fewer than fifty percent (50%) of the 117 spaces rented to mobile homes, then the five ) year period provided in Section 6 above, shall no longer be applicable and the Owner will not be equired to continue to operate a mobile home rental park on the Property. Therefore, notwithstandin the five (5) year period set forth in section 6 above, if at any time, there are less than 59 spaces rent to mobile home owners, the Owner shall no longer be required to operate a mobile home rental par . However, any change of use of the Property, as provided in Chapter 723, shall still require the Own r to give the statutory notice required by Section 723.061(1)(d) Florida Statutes.I � . S �U 0 -b.4- This Annexation greemen-tJis not intended to supersede or expand in anyway, the provisions of Florida laws as set fort in Chapter 723 Florida Statutes, except for the limited purposes as specifically provided herein. ` Page 3 of 5 • ``'- CADoutmems end Settings\jkingli.ocel Settingffemponry lntemet FiltAOLK50TIemedShedy Rat-Amemtion Agrmt 417-08.wpddoc 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 belo . Notwithstanding these requirements, there must be written acknowledgment of receipt of notic . For purposes of notice, demand, request or payment, the address of the City shall be: The City f Sebastian 1225 M n Street Sebast' , Florida 32958 • The address of the Prop/greement 11 be: d R. Howland Building Katella Blvd. lamitos, CA 90720 with a copy to: Evans, P. L. U. S. Highway 1 ian, FL 32958 11. This Annexationll be binding upon the heirs, successors and assigns of the parties. 1 12. This Annexation Agreement shall be deemed effective as of April 23, 2008. • Page 4 of 5 C:\Docwnenis and Settings\jkingU.ocal Settings\Temporary lntemet Filesl0I.IC5C8\ClearudSfiady Rest -Annexation Agrmt 417-08.wpddoc 0 IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day fust -above written. The effective date of this Agreement shall be April 23, 2008. • CITY OF SEBASTIAN PROPERTY OWNER: SHADY REST MHP TRUST By:_ Title: (Typed name of Officer.) STATE OF FLORIDA COUNTY OF INDIAN RIVER Edward R. Howland, Co -Trustee Carole Wagner, Co -Trustee The foregoing instrument was acknowledged before me by , as _ Sebastian, Florida, a municipal corporation existing under th the City, who is personally known to me or who has produ d identification. "SEAL" day of 2008, of the City of of the State of Florida, on behalf of as Notary Public My Commission Expires: My Commission Number is: STATE OF COUNTY OF The foregoing instrument was by Edward R. Howland and Carole December 24, 1985, who is personally as i "SEAL" ledged before me this day of 2008, r, Co -Trustees of the Shady Rest MHP Trust U/A dated to me or who has produced Notary Public My Commission Expires: My Commission Number is: • Page 5 of 5 C:\Docvments and Settings\jking\Local Satings\'temporary Intoner FtlaWLK5C8\Clnned56tdy Resp-Annwtion Agrmt 417-08.wpd.doc