SUMTER COUNTY BOARD OF COMMISSIONERS

EXECUTIVE SUMMARY

SUBJECT: Interlocal Agreement Sumter County and Village Center Community

Development District (VCCDD) to Authorize Potable Water and Sewer Service

Outside of the Geographic Boundaries of the VCCDD (Staff recommends

approval).

REQUESTED ACTION: Approve Interlocal Agreement.

Work Session (Report Only) DATE OF MEETING: 11/9/2010

Regular Meeting Special Meeting

CONTRACT: N/A Vendor/Entity:

Effective Date: Termination Date:

Managing Division / Dept: Planning

BUDGET IMPACT: NA

Annual FUNDING SOURCE:

Capital EXPENDITURE ACCOUNT:

N/A

HISTORY/FACTS/ISSUES:

The Village Center Community Development District (VCCDD) is a community development district

created under Chapter 190, Florida Statutes. One of the functions of the VCCDD is to provide potable

water and sewer service within the boundaries of the VCCDD and to other areas of the county

authorized by the Board.

The VCCDD is requesting approval by the Board, through the attached Interlocal Agreement, to

provide potable water and sewer service to a property owned by Ronald and Anthony Torri, located at

13559 US 441, Lady Lake. The VCCDD already provides potable water and sewer services to other

properties within the surrounding area. A map of the property to be served is attached.

Sumter County BOCC - GISBOCC - Bushnell, FL 33513 | 352-793-0200

Parcel ID:D01A035TORRI RONALD & ANTHONY L, (JTW7694 SE 12TH CIR OCALA, FL 34480Street: 13599 US 441S/T/R:01/18/23 LOT 5 THE N 3/4 OF LOT 6 & S 1/2 OF LOT 4 BLK 38 COMMERCIAL HIGHLANDS & BEG AT THE MOST E/LY COR OF LOT 6BLK 38 COMMERCSales

8/1/2007 1838/52 Improved $100.008/1/2000 834/318 Vacant $100.00

NOTES:

This information was derived from data which was compiled by the Sumter County BOCC - GIS. This information should not be relied upon by anyone as a determination of the ownership ofproperty, legal boundary representation, or market value. The map image is not a survey and shall not be used in any Title Search or any official capacity. No warranties, expressed or implied,are provided for the accuracy of the data herein, it's use, or it's interpretation. This information was last and may not reflect the data currently on file at our office.

INTERLOCAL AGREEMENT BETWEEN THE COUNTY OF SUMTER, FLORIDA

AND VILLAGE CENTER COMMUNITY DEVELOPMENT DISTRICT

~IS IN17ERLOCAL AGREEMENT is entered into this 1 day of llo1JtA1-/JVL.. ,2010 (the "Agreement"), by and between SUMTER COUNTY, FLORIDA (the "County"), and the VILLAGE CENTER COMMUNITY DEVELOPMENT DISTRICT (the "District").

RECITALS:

A. The District is a local unit of special purpose government created pursuant to Chapter 190, Florida Statutes (the "Act").

B. The County is a political subdivision of the State of Florida authorized by Chapter 125, Florida Statutes to provide for the health, safety and welfare of its citizens.

C. The District is authorized by the Act to exercise within its boundaries those powers conferred by the Act.

D. In addition to those powers conferred by the Act, the District proposes to provide water and wastewater services (the "District Services"), within the boundaries of the District and alladditions thereto, including areas within the County's utility district when the County agrees to allow the District to provide District Services in those areas.

E. The District proposes to exercise those powers conferred by the Act outside of its geographic boundaries and within the County, as set forth in this Agreement.

F. Pursuant to the Act, particularly Sections 190.011(12), and pursuant to Sections 163.01,Florida Statutes, the County and the District may provide by interlocal agreement for the District to exercise powers outside of its geographical boundaries and within the County.

NOW, THEREFORE, the County and the District agree as follows:

1. Authority. This agreement is entered into pursuant to the authority set forth in Chapters 163 and 190, Florida Statutes (2010) and is consistent with the Comprehensive Plan for the County.

2. Definitions. Capitalized terms used and not otherwise defined in this Agreement shall have the meaning ascribed to such tenn in the Act.

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3. Additional Powers and Duties ofthe District.

a. In addition to any powers that the District may have, the District shall have and is hereby granted the right in that area of the County described in attached Exhibit "A" to exercise those powers authorized under Florida Statutes, Section 190.012(1)(b)(201 0), and to exercise those powers necessary or incidental thereto, including the right to set and collect fees.

b. Nothing in this Agreement shall be construed to authorize the District to charge Chapter 190 assessments or ad valorem taxes outside of the geographic boundaries of the District.

4. Payment of Obligations. In no event will the County be required to make any payment for obligations ofthe District arising out ofthe authority granted herein.

5. Revenue Bonds; County Not Liable. The County acknowledges that the District may issue revenue bonds of the District in accordance with the Constitution and laws of the State ofFlorida and the Act, to finance the acquisition, construction, and expansion of facilities, which bonds may be secured by a payable from revenues derived from the operation of the facilities, including revenues from service provided within the territory governed by this Agreement. Any such revenue bonds issued by the District shall neither be, nor constitute, general obligations or indebtedness of the County, the State of Florida, or any political subdivision thereof, but shall be payable solely from and secured by a lien upon and a pledge of revenues of the facilities and all monies in the funds and accounts established under the indenture pursuant to which any such bonds are issued or other security provided by the District, in the manner and to the extent provided in such indenture. No bondholder shall ever have the right to compel the exercise of the ad valorem taxing power of the County, or the State ofFlorida, or of any political subdivision thereof, or taxation in any form on any real or personal property to pay any such bonds or the interest thereon, nor shall any bondholder be entitled to payment of such principal and interest from any other funds of the County, the State of Florida, or any political subdivision thereof, other than from the security pledged by the District in such indenture.

6. Term. Unless earlier terminated or extended by mutual agreement ofthe parties, this Agreement shall expire ninety-nine (99) years from the date hereof.

7. Amendment. This Agreement may be modified or terminated in writing only by the mutual agreement ofboth parties in accordance with their respective laws, rules, and procedures. Upon termination of the Agreement, the County shall have no duty to maintain or service and shall have no ownership interest in any personal property in place pursuant to the Agreement.

. "8. Severability. If anyone or more of the covenants, agreements, or provisions of this Interlocal Agreement shall be held contrary to any expressed provision of law or contrary to any policy or expressed law, although not expressly prohibited, any

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reason whatsoever be held invalid, then such covenants, agreements, or provisions shall be null and void, and shall be deemed separate from the remaining covenants, agreements, or provisions of this Interlocal Agreement.

9. Matters Unaffected. No right or obligation that may currently or subsequently exist respecting the parties and their relationship one to the other shall be deemed waived or otherwise affected by this Agreement unless such right or obligation is specifically addressed herein.

10. Effective Date. This Agreement shall become effective upon, execution by the District and County.

11. Amendments. Any amendments to this Agreement must be executed by both the County and the District before becoming effective.

IN WITNESS WHEREOF, the County and the District hereto have executed this Agreement by their duly authorized representative.

ATTEST: AS TO COUNTY:

BOARD OF COUNTY COMMISSIONERS SUMTER COUNTY

:n:t~~~~~ ~ I~ Chairman

ATTEST: AS TO DISTRICT:

VILLAGE CENTER COMMUNITY DEVELOPMENT DISTRICT

By: 1uJ!~o"-----­By:-----.:~dp!:.~'-4¥'~~:::I..-­Print: ! SteveDfl~--+---1---+---+----­Title:---=----+--7----­

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STATE OF FLORIDA COUNTY OF SUMTER

The foregoing instrument was acknowledged before me this (lD\)eM b4 (' ,2010, by -:i)bu (0 (9 I L PI tV

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day of

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P blIc - State of Florida ,''b~~·fP'~. ,IENNIFER E. SANDERS

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Personally known / or _'__ produced identification Type ofIdentification produced: _

STATE OF FLORIDA COUNTY OF SUMTER

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Personally known ~r __produced identification Type ofIdentification produced: _

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SKETCH SHOWING AREA TO BE ADDED TO

WJ.AGE CENlER COMMUNIlY DEVELCPMENT DlSlRICT , SERVICE N£A

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AND ASSOClATES, INC.

GENERAL NOng 1. REPRODUC770NS OF THIS SKETCH ARE NOT VAUD WITHOUT THE SIGNA TURE

AND ORIGINAL RAISED SEAL OF A FZ.ORIDA UCENSED SURVEYOR AND MAPPER. 2. n-JIS SKETCH PREPARED FOR DESCRIP770N PURPOSES ONL Y AND DOES NOT

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SKETCH FOR DESCRIPTION (NOT A FIELD SURVEY)

DESCRIPTION: THE SOUTHERLY 1/2 OF LOT 4-, ALL OF LOT 5 AND THE NORTHERLY 3/4- OF LOT 6, EXHIBIT "A..-" BLOCK 38, COMMERCIAL HIGHLANDS SUBDIVlSION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 3, PAGE 4-7 OF THE PUBUC RECORDS OF SUMTER, COUNTY, SHEET 1 OF 1 flORIDA. AND THAT PORTION OF SECTION 1, TOI'iNSHIP 18 SOUTH, RANGE 23 EAST, SUMTER COUNTY, flORIDA, BEING DESCRIBED AS FOLLOWS: BEGIN AT THE MOST EASTERLY CORNER OF LOT 6, BLOCK 38 OF COMMERCIAL HIGHLANDS SUBDI'v1SION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 3, PAGE 4-7 OF THE PUBUC RECORDS OF SUMTER COUNTY, FLORIDA; THENCE RUN NORTH 41 DEGREES g'10· WEST ALONG THE NORTHEASTERLY LOT UNE OF SAID LOT 6 FOR A DISTANCE OF 12.5 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 41 DEGREES 14'10" WEST ALONG THE NORTHEASTERLY LOT UNES OF LOT 6, 5 AND THE SOUTH 1/2 OF LOT 4 OF SAID BLOCK 38 FOR A DISTANCE OF 112.5 FEET TO THE MOST NORTHERLY CORNER OF THE SOUTH 1/2 OF LOT 4- OF SAID BLOCK 38; THENCE NORTH" 48 DEGREES 4-5'50· EAST FOR A

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GENERAL NOTES / DATE? IHWAM s. BARLEY, !'ROF£SSIONALSURVE:YOR ck :\. FLORIDA REG/STRA 7/0N NO. 3815

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DISTANCE OF 110 FEET; THENCE SOUTH 4-1 DEGREES 14'10" EAST FOR 112.5 FEET; THENCE SOUTH 48 DEGREES 4-5'50· WEST TO THE POINT OF BEGINNING.

THAT PORTION OF SECTION 1, TOI'iNSHIP 18 SOUTH, RANGE 23 EAST, SUMTER COUNTY, flORIDA. BEING DESCRIBED AS FOLLOWS: A STRIP OF LAND 12.00 FEET WIDE LYlNG

MOST NORTHERLY CORNER OF LOT 9, BLOCK 38, OF COMMERCIAL HIGHLANDS, A RECORDED IN PLAT BOOK 3, PAGE 4-7 IN THE PUBUC RECORDS OF SUMTER

COUNTY, FLORIDA AND RUN NORTH 48 DEGREES 45'50· EAST A DISTANCE OF 110.00 THENCE RUN NORTH 41 DEGREES 14-'10· WEST, 219.00 FEET TO THE POINT OF

BEGINNING OF SAID CENTERUNE; FROM SAID POINT OF BEGINNING RUN NORTH 48 DEGREES 4-5'50· EAST, 90,00 FEET TO THE SOUTHWESTERLY RIGHT-OF-WAY OF FLORIDA AVlENUE AND THE END OF SAID CENTERUNE.

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1. REPRODUC770NS OF T7-1IS SKETCH ARE NOT VAUD WlT7-10UT THE SIGNA TURE AND ORIGINAL _~__ .. _ ....._-'-Ji~----""'"" '--._.--."'!!"

RAISED SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER. @". ", . 2. THIS SKETCH PREPARED FOR DESCRIP770N PURPOSES ONLY AND DOES NOT REPRESENT A \ ~ ....ENGI£ERS

....SlII'£t'alS FIELD SURVEY. r-ol~ ~ 3. BEARINGS ARE BASED ON T7-1E NORT7-I UNE OF THE SOUTH 1/2 OF LOT 4 BLOCK 38, ~~ ....P\..AIHRS

COMMERCIAL HIGHLANDS SUBDIVISION AS RCEORDE IN PLAT BOOK 3, PAGE 47 PUBUC AND ASSOaATES, INC. LB 4709 RECORDS OF SUMTER COUNTY, Fl.ORIDA AS BEING S48·45·50~W. AN ASSUMED MERIDIAN. ..so NE .JRO ROAD ... llILD\\OOO. FL 347ss "'(352) ".-312'