HomeMy WebLinkAboutIII (B & C) Acceptance and Authorization for Mayor and City Clerk to execute Development Agreement for Water Service with Lake Olympia Square Partnership "CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE" AGENDA 9-19-95
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Item III B & C
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�y •�Q COMMISSIONERS
CITY OF OCOEE RUSTYJOHNSON
4� a PAUL W.FOSTER
Cin 150 N.LAKESHORE DRIVE SCOTT A.GLASS
�V OCOEE,FLORIDA 34761-2258 JIM GLEASON
e#1, �� (407)656-2322 CITY M ANAGI iK
Op G0OV ELLIS SHAI'IRO
MEMORANDUM
DATE: September 13, 1995
TO: The Honorable Mayor and Board of City Commissioners
FROM: Lisa Strickland, Customer Service Clerk H.4A
THROUGH: Montye E. Beamer, Director of Administrative ServicesC��
SUBJECT: Developer's Agreement for Water Service and
Developer's Agreement for Sewer Service for
Lake Olympia Square
The developer of Lake Olympia Square Phase 2A and 2B is seeking Final Subdivision
Plan approval. The purchase of water and sewer capacity is a requirement for Final
Plan approval. To this end the developer is required to purchase 15.89 ERU's of water
and 12.90 additional ERU's of sewer as a minimal amount for Phase 2A and 2B. Lake
Olympia Square currently has a balance of 2.99 sewer ERU's in their account. Actual
usage may require additional purchase. The total cost for water is $15,349.74; the total
cost for sewer is $36,958.50. Both developer agreements have a supplement to the
existing Section 7 as attached to incorporate these new amounts. A new Opinion of Title
and Joinders and Consent have been issued.
Action Requested (Item III B)
The Mayor and Board of City Commissioners (1) approve the Developer's Agreement
for Water Service as amended with Lake Olympia Square Partnership and (2) authorize
the Mayor and City Clerk to execute when all attachments have been provided.
Action Requested (Item III C)
The Mayor and Board of City Commissioners (1) approve the Developer's Agreement
for Sewer Service as amended with Lake Olympia Square Partnership and (2) authorize
the Mayor and City Clerk to execute when all attachments have been provided.
LAS/las
Attachments
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AGENDA 9-19-95
Item III B
THIS INSTRUMENT PREPARED BY:
Scott M. Clements, Esq.
FOLEY & LARDNER
111 North Orange Avenue
Suite 1800
Orlando, Florida 32801
AEI ER RECORDING RETURN TO:
Jean Grafton, City Clerk
CITY OF OCOEE
150 North Lakeshore Drive
Ocoee, Florida 34761
PROJECT NAME:
LAKE OLYMPIA SQUARE
FIRST AMENDMENT TO
DEVELOPER'S AGREEMENT FOR WATER SERVICE
THIS FIRST AMENDMENT TO DEVELOPER'S AGREEMENT FOR
WATER SERVICE (this "First Amendment") is made as of this day of September, 1995,
by and between the CITY OF OCOEE, a Florida municipal corporation (hereinafter referred
to as the "Utility"), who mailing address is 150 North Lakeshore Drive, Ocoee, Florida 34761,
and LAKE OLYMPIA SQUARE PARTNERSHIP, a Florida general partnership (hereinafter
referred to as the "Developer") whose mailing address is 2436 Butler Bay Drive North,
Windermere, Florida 34786.
RECITALS
A. The Developer entered into that certain Developer's Agreement for
Water Service ("Developer's Agreement") dated July 5, 1994 and recorded July 19, 1994 in
Official Records Book 4770, Page 2239 of the Official Records of Orange County, Florida; and
B. The Developer owns real property described as Lot 1A of Lake
Olympia Square Replat, as recorded in Plat Book 34, Page 101, Public Records of Orange
County, Florida ("Lot 1A"), which in part overlaps a portion of the property described in
Exhibit "A" to the Developer's Agreement; and
C. The Developer desires to include all of Lot 1A within the Property
referenced in the Developer's Agreement; and
D. The Developer has constructed or will construct certain improvements
on the Property which require or will require additional Water Service Capacity; and
E. The Developer has requested additional Water Service Capacity for
the improvements located or to be located on the Property,which additional Water Service
Capacity is to be allocated by the Developer according to the terms of the Developer's
Agreement; and
F. The Utility is willing to provide the additional Water Service
Capacity to the Developer in accordance with and subject to the terms and conditions of this
First Amendment and applicable rules, regulations, laws and requirements.
G. The Developer requires and relies on Water Service Capacity and
other public services from the utility in order to develop the Property.
H. The Utility and Developer hereby acknowledge and warrant to each
other that this First Amendment and any future acts as required hereby are binding and
enforceable on the Utility and the Developer in accordance with their terms.
NOW THEREFORE, in consideration of the Recitals hereof, for and in
consideration of the mutual undertakings and agreements herein contained and assumed,
and other good and valuable considerations received by each party from the other, the
receipt and sufficiency of which are hereby acknowledged, the parties hereto do hereby
agree as follows:
A. RECITALS. The above recitals are true and correct, and form a material part of
this First Amendment.
1. DEFINED TERMS. All capitalized terms and phrases used in this First
Amendment shall be as defined in the Developer's Agreement.
2. ADDITIONAL WATER CAPACITY. Contemporaneous with its execution
of this First Amendment, the Developer has delivered to the Utility the sum of FIF'T'EEN
THOUSAND THREE HUNDRED FORTY-NINE AND 74/100 DOLLARS ($15,349.74)
representing the payment of the applicable water capital charge for the reservation of
Fifteen and 89/100 (15.89) equivalent resident units ("ERUs") of water service capacity. In
consideration of the payment of said water capital charges and subject to the terms and
conditions of this First Amendment and the Developer's Agreement, the Utility hereby
allocates to the Property for use by the Developer a total of Fifteen and 89/100 (15.89)
ERUs of water service capacity. The ERUs added by this First Amendment are in addition
to those set forth in the Developer's Agreement and all references to water service capacity
in the Developer's Agreement shall include the additional water service capacity added
under this Amendment.
3. PROPERTY. All references to the Property in the Developer's Agreement
shall include the real property described in Exhibit "A" attached to the Developer's
Agreement and all of Lot 1A.
2
4. RATIFICATION. Unless otherwise provided herein, all provisions of the
Developer's Agreement are hereby ratified and confirmed and shall remain in full force and
effect.
IN WITNESS WHEREOF the Utility has caused this First Amendment to be
duly executed as of the day and year first above written.
"UTILITY"
Signed, sealed and delivered CITY OF OCOEE,
in the presence of: a Florida municipal corporation
By:
Signature S. Scott Vandergrift, Mayor
Print/Type Name Attest:
Jean Grafton, City Clerk
Signature (SEAL)
Print/Type Name
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
APPROVED AS TO FORM AND LEGALITY
this day of , 1995. APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING
FOLEY & LARDNER HELD ON , 1995
UNDER AGENDA ITEM NO.
By:
City Attorney
3
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized
in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared
S. Scott Vandergrift and Jean Grafton personally known to me to be the Mayor and City
Clerk, respectively, of the CITY OF OCOEE, a Florida municipal corporation, and that they
severally acknowledged executing the same on behalf of said municipality in the presence of two
subscribing witnesses freely and voluntarily under authority duly vested in them by said
municipality.
WITNESS my hand and official seal in the County and State last aforesaid this
day of , 1995.
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number(if not legible on seal):
My Commission Expires(if not legible on seal):
4
IN WITNESS WHEREOF, the Developer has caused this First Amendment to be duly
executed as of the day and year first above written.
"DEVELOPER"
Signed, sealed and delivered LAKE OLYMPIA SQUARE
in the presence of: PARTNERSHIP, a Florida general
partnership
By: MILLER GROUP DEVELOPMENT
Signature CORPORATION, a Florida
corporation, as general partner
Print/Type Name By:
Name:
Title:
Signature
(CORPORATE SEAL)
Print/Type Name AND
By: WILMAC DEVELOPMENT CORP.,
Signature a Florida corporation
as general partner
Print/Type Name By:
Name:
Title:
Signature
(CORPORATE SEAL)
Print/Type Name
5
STATE OF
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an officer duly authorized
in the State and County aforesaid to take acknowledgements, personally appeared
, as of
MILLER GROUP DEVELOPMENT CORPORATION, a Florida corporation as general
partner of LAKE OLYMPIA SQUARE PARTNERSHIP, a Florida general partnership, who
[ ] is personally known to me or [ ] produced as identification,
and that he acknowledged executing the foregoing instrument on behalf of said corporation
and said partnership in the presence of two subscribing witnesses freely and voluntarily under
authority duly vested in him/her by said corporation and said partnership, and that the seal
affixed hereto is the true corporate seal of said corporation.
WITNESS my hand and official seal in the County and State last aforesaid this
day of , 1995.
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number(if not legible on seal):
My Commission Expires(if not legible on seal):
STATE OF
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an officer duly authorized
in the State and County aforesaid to take acknowledgements, personally appeared
, as of
WILMAC DEVELOPMENT CORP., a Florida corporation as general partner of LAKE
OLYMPIA SQUARE PARTNERSHIP, a Florida general partnership, who [ ] is personally
known to me or [ ] produced as identification, and that he
acknowledged executing the foregoing instrument on behalf of said corporation and said
partnership in the presence of two subscribing witnesses freely and voluntarily under authority
duly vested in him/her by said corporation and said partnership, and that the seal affixed hereto
is the true corporate seal of said corporation.
WITNESS my hand and official seal in the County and State last aforesaid this
day of , 1995.
Signature of Notary
Name of Notary (Typed,Printed or Stamped)
Commission Number(if not legible on seal):
My Commission Expires(if not legible on seal):
6
JOINDER, CONSENT AND SUBORDINATION
The undersigned hereby certifies that SOUTHTRUST BANK OF ALABAMA,
NATIONAL ASSOCIATION is the holder of a mortgage, lien or other encumbrance upon the
above described property, and that the undersigned hereby joins in and consents to the foregoing
instrument by the owner thereof and agrees that its mortgage, lien or other encumbrance, which
is recorded in Official Records Book 4763, Page 4359, in the original sum of $3,645,000.00,
as modified and amended by a certain Notice of Future Advance and First Amendment to
Mortgage and Security Agreement, recorded April 10, 1995 in Official Records Book 4877,
Page 1984, the Financing Statement recorded in Official Records Book 4763, Page 4352 and the
Collateral Assignment of Rents and Leases recorded in Official Records Book 4763, Page 4379,
all of the Public Records of Orange County of Florida, shall be subordinate to the foregoing
instrument.
Signed, sealed and delivered SOUTHTRUST BANK OF ALABAMA,
in the presence of: NATIONAL ASSOCIATION
By:
Name Name:
Its:
Name (CORPORATE SEAL)
STATE OF
COUNTY OF
THIS IS TO CERTIFY, that on this day of , 1994,
before me, an officer duly authorized to take acknowledgements in the State and County
aforesaid,personally appeared , as
of SOUTHTRUST BANK OF ALABAMA, NATIONAL ASSOCIATION who [ ] is
personally known to me or [ ] produced as identification, and that who
acknowledged that he as the individual described in and who executed the foregoing
instrument and acknowledged the execution thereof to be his/her free act and deed as such
officer thereunto duly authorized, that the official seal of said corporation is duly affixed thereto.
IN WITNESS WHEREOF, I have hereunto set my hand and seal on the above
date.
NOTARY PUBLIC
Name:
My Commission expires:
A:\WATERAMT.1ST19/14/951LAKE OLYMPIA(DISK)I SMC:vrs
7
AGENDA 9-19-95
Item III C
THIS INSTRUMENT PREPARED BY:
Scott M. Clements, Esq.
FOLEY & LARDNER
111 North Orange Avenue
Suite 1800
Orlando, Florida 32801
AFTER RECORDING RETURN TO:
Jean Grafton, City Clerk
CITY OF OCOEE
150 North Lakeshore Drive
Ocoee, Florida 34761
PROJECT NAME:
LAKE OLYMPIA SQUARE
FIRST AMENDMENT TO
DEVELOPER'S AGREEMENT FOR SEWER SERVICE
THIS FIRST AMENDMENT TO DEVELOPER'S AGREEMENT FOR
SEWER SERVICE (this "First Amendment") is made as of this day of September, 1995,
by and between the CITY OF OCOEE, a Florida municipal corporation (hereinafter referred
to as the "Utility"), who mailing address is 150 North Lakeshore Drive, Ocoee, Florida 34761,
and LAKE OLYMPIA SQUARE PARTNERSHIP, a Florida general partnership (hereinafter
referred to as the "Developer") whose mailing address is 2436 Butler Bay Drive North,
Windermere, Florida 34786.
RECITALS
A. The Developer entered into that certain Developer's Agreement for
Sewer Service ("Developer's Agreement") dated July 5, 1994 and recorded July 19, 1994 in
Official Records Book 4770, Page 2263 of the Official Records of Orange County, Florida; and
B. The Developer owns real property described as Lot 1A of Lake
Olympia Square Replat, as recorded in Plat Book 34, Page 101, Public Records of Orange
County, Florida ("Lot 1A"), which in part overlaps a portion of the property described in
Exhibit "A" to the Developer's Agreement; and
C. The Developer desires to include all of Lot 1A within the Property
referenced in the Developer's Agreement; and
D. The Developer has constructed or will construct certain improvements
on the Property which require or will require additional Sewer Service Capacity; and
E. The Developer has requested additional Sewer Service Capacity for
the improvements located or to be located on the Property, which additional Sewer Service
Capacity is to be allocated by the Developer according to the terms of the Developer's
Agreement; and
F. The Utility is willing to provide the additional Sewer Service
Capacity to the Developer in accordance with and subject to the terms and conditions of this
First Amendment and applicable rules, regulations, laws and requirements.
G. The Developer requires and relies on Sewer Service Capacity and
other public services from the utility in order to develop the Property.
H. The Utility and Developer hereby acknowledge and warrant to each
other that this First Amendment and any future acts as required hereby are binding and
enforceable on the Utility and the Developer in accordance with their terms.
NOW THEREFORE, in consideration of the Recitals hereof, for and in
consideration of the mutual undertakings and agreements herein contained and assumed,
and other good and valuable considerations received by each party from the other, the
receipt and sufficiency of which are hereby acknowledged, the parties hereto do hereby
agree as follows:
A. RECITALS. The above recitals are true and correct, and form a material part of
this First Amendment.
1. DEFINED TERMS. All capitalized terms and phrases used in this First
Amendment shall be as defined in the Developer's Agreement.
2. ADDITIONAL SEWER CAPACITY. Contemporaneous with its execution
of this First Amendment, the Developer has delivered to the Utility the sum of THIRTY-
SIX THOUSAND NINE HUNDRED FIFTY-EIGHT AND 50/100 DOLLARS($36,958.50)
representing the payment of the applicable sewer capital charge for the reservation of
Twelve and 9/10 (12.90) equivalent resident units ("ERUs") of sewer service capacity. In
consideration of the payment of said sewer capital charges and subject to the terms and
conditions of this First Amendment and the Developer's Agreement, the Utility hereby
allocates to the Property for use by the Developer a total of Twelve and 9/10 (12.90) ERUs
of sewer service capacity. The ERUs added by this First Amendment are in addition to
those set forth in the Developer's Agreement and all references to sewer service capacity
in the Developer's Agreement shall include the additional sewer service capacity added
under this Amendment.
3. PROPERTY. All references to the Property in the Developer's Agreement
shall include the real property described in Exhibit "A" attached to the Developer's
Agreement and all of Lot 1A.
2
4. RATIFICATION. Unless otherwise provided herein, all provisions of the
Developer's Agreement are hereby ratified and confirmed and shall remain in full force and
effect.
IN WITNESS WHEREOF the Utility has caused this First Amendment to be
duly executed as of the day and year first above written.
"UTILITY"
Signed, sealed and delivered CITY OF OCOEE,
in the presence of: a Florida municipal corporation
By:
Signature S. Scott Vandergrift, Mayor
Print/Type Name Attest:
Jean Grafton, City Clerk
Signature (SEAL)
Print/Type Name
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
APPROVED AS TO FORM AND LEGALITY
this day of , 1995. APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING
FOLEY & LARDNER HELD ON , 1995
UNDER AGENDA ITEM NO.
By:
City Attorney
3
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized
in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared
S. Scott Vandergrift and Jean Grafton personally known to me to be the Mayor and City
Clerk, respectively, of the CITY OF OCOEE, a Florida municipal corporation, and that they
severally acknowledged executing the same on behalf of said municipality in the presence of two
subscribing witnesses freely and voluntarily under authority duly vested in them by said
municipality.
WITNESS my hand and official seal in the County and State last aforesaid this
day of , 1995.
Signature of Notary
Name of Notary (Typed,Printed or Stamped)
Commission Number(if not legible on seal):
My Commission Expires(if not legible on seal):
4
IN WITNESS WHEREOF, the Developer has caused this First Amendment to be duly
executed as of the day and year first above written.
"DEVELOPER"
Signed, sealed and delivered LAKE OLYMPIA SQUARE
in the presence of: PARTNERSHIP, a Florida general
partnership
By: MILER GROUP DEVELOPMENT
Signature CORPORATION, a Florida
corporation, as general partner
Print/Type Name By:
Name:
Title:
Signature
(CORPORATE SEAL)
Print/Type Name AND
By: WILMAC DEVELOPMENT CORP.,
Signature a Florida corporation
as general partner
Print/Type Name By:
Name:
Title:
Signature
(CORPORATE SEAL)
Print/Type Name
5
STATE OF
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an officer duly authorized
in the State and County aforesaid to take acknowledgements, personally appeared
, as of
MILLER GROUP DEVELOPMENT CORPORATION, a Florida corporation as general
partner of LAKE OLYMPIA SQUARE PARTNERSHIP, a Florida general partnership, who
[ ] is personally known to me or [ ] produced as identification,
and that _he acknowledged executing the foregoing instrument on behalf of said corporation
and said partnership in the presence of two subscribing witnesses freely and voluntarily under
authority duly vested in him/her by said corporation and said partnership, and that the seal
affixed hereto is the true corporate seal of said corporation.
WITNESS my hand and official seal in the County and State last aforesaid this
day of , 1995.
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number(if not legible on seal):
My Commission Expires(if not legible on seal):
STATE OF
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an officer duly authorized
in the State and County aforesaid to take acknowledgements, personally appeared
, as of
WILMAC DEVELOPMENT CORP., a Florida corporation as general partner of LAKE
OLYMPIA SQUARE PARTNERSHIP, a Florida general partnership, who [ ] is personally
known to me or [ ] produced as identification, and that he
acknowledged executing the foregoing instrument on behalf of said corporation and said
partnership in the presence of two subscribing witnesses freely and voluntarily under authority
duly vested in him/her by said corporation and said partnership, and that the seal affixed hereto
is the true corporate seal of said corporation.
WITNESS my hand and official seal in the County and State last aforesaid this
day of , 1995.
Signature of Notary
Name of Notary (Typed,Printed or Stamped)
Commission Number(if not legible on seal):
My Commission Expires(if not legible on seal):
6
JOINDER, CONSENT AND SUBORDINATION
The undersigned hereby certifies that SOUTHTRUST BANK OF ALABAMA,
NATIONAL ASSOCIATION is the holder of a mortgage, lien or other encumbrance upon the
above described property, and that the undersigned hereby joins in and consents to the foregoing
instrument by the owner thereof and agrees that its mortgage, lien or other encumbrance, which
is recorded in Official Records Book 4763, Page 4359, in the original sum of $3,645,000.00,
as modified and amended by a certain Notice of Future Advance and First Amendment to
Mortgage and Security Agreement, recorded April 10, 1995 in Official Records Book 4877,
Page 1984, the Financing Statement recorded in Official Records Book 4763, Page 4352 and the
Collateral Assignment of Rents and Leases recorded in Official Records Book 4763, Page 4379,
all of the Public Records of Orange County of Florida, shall be subordinate to the foregoing
instrument.
Signed, sealed and delivered SOUTHTRUST BANK OF ALABAMA,
in the presence of: NATIONAL ASSOCIATION
By:
Name Name:
Its:
Name (CORPORATE SEAL)
STATE OF
COUNTY OF
THIS IS TO CERTIFY, that on this day of , 1994,
before me, an officer duly authorized to take acknowledgements in the State and County
aforesaid,personally appeared , as
of SOUTHTRUST BANK OF ALABAMA, NATIONAL ASSOCIATION who [ ] is
personally known to me or [ ] produced as identification, and that who
acknowledged that he as the individual described in and who executed the foregoing
instrument and acknowledged the execution thereof to be his/her free act and deed as such
officer thereunto duly authorized, that the official seal of said corporation is duly affixed thereto.
IN WITNESS WHEREOF, I have hereunto set my hand and seal on the above
date.
NOTARY PUBLIC
Name:
My Commission expires:
A:\SEW ERAMT.IST 19/14/95 I LAKE OLYMPIA(DISK)I SMC:vrs
7
TRICKEL, LEIGH & MANN, P.A.
Wu i iAX hicw.,Js. I ATTORNEYS AT LAW OF Commis.
RicHi ss A.Laios ( 39 WEsT PINE STREET —
Marco=Soarxanosx&8nrras,P.A.
Kaxxars L Mane ORLANDO, FLORIDA 32801-2895 ATTO TS AT Law
STEPHEN H.Pouts FAX (407) 948-2189 BassISTEMI Burusso,Sona Soo
(407) 422-5154 1ei5FORME Ptrca-P.O.Boot024488
Or Covxsaz Warr PALit Baas,FL 313402-4488
Jawls A.MoN&nn,Ja.
September 8, 1995
Ms. Montye Beamer
City of Ocoee
150 N. Lakeshore Drive
Ocoee FL 32761-2258
Re: Lake Olympia Square
•
Dear Ms. Beamer:
Enclosed is our opinion of title as to Lot 1A of Lake Olympia Square Replat, per Plat
Book 34, Page 101, Public Records of Orange County, Florida. I understand from our supervising
engineer, Ron Henson of Design Service Group, Inc., that such Lot 1A encompasses Phases 2A
and 2B under the land use plan amendment and preliminary subdivision plan currently under
consideration by the City of Ocoee.
This opinion of title has been prepared without reference to a current survey of Lot 1A.
Accordingly, it is possible that one or more of the easements identified under items 14, 15, or 16
of the enclosed opinion of title do not affect Lot 1A, but affect other portions of Lake Olympia
Square Replat which are not included in the current application.
As the enclosed opinion of title discloses, Lake Olympia Square Partnership is the owner
of Lot 1A, and SouthTrust Bank of Alabama, National Association, holds the only mortgage
encumbering the Lot.
I understand from the City's letter of August 30, 1995, to Mr. Glenn Miller, that the
current application process will require amendments to the water and sewer agreements that were
executed last year. I assume that the City's attorneys will prepare these amendments for
execution by the owner, with appropriate joinders by the mortgagee. Please confirm that this
understanding is correct. If it is not, please let me know immediately.
Thank you for your consideration.
truly yours,9me . )4A„.540
s A. McNabb, Jr.
JMlc;mll.
Enclosure as stated
T$ICHEL, LEIGH & MANN, P.A.
WItUAK Timm,JR. ATTORNEYS AT LAW Or Gouxsal.
RICH,ao A.LEIGH 39 WEST PINE STREET
Kr=L MANN ORLANDO, FLORIDA 32801-2695 METLOEa SOxliEE0EN&Ruiras,P.A
nor
FAX (407) 648-2169 Arroaxars eT Lw
STEPHEN H.PRICE BARRISTERS BuILDINO,SUITE 300
(407) 422-5154
tela FORUM PLACE-R 0.Box 024488
Or COUNSEL WEST PA=BEACH,FL 33402-4488
JAxas A.MoNNas,Ja.
September 8, 1995
OPINION OF TITLE
City of Ocoee
150 N. Lakeshore Drive
Ocoee FL 32761-2258
Re: Lake Olympia Square
Gentlemen:
As counsel for LAKE OLYMPIA SQUARE PARTNERSHIP, a Florida general partnership, we
have examined the Public Records of Orange County, Florida, and have conducted such other
investigations and examinations as we deemed appropriate to render to you our opinion as to the
title of the following described real property (the "Property") located and situate in Orange
County, Florida, to wit:
All of Lot lA of Lake Olympia Square Replat, as recorded in Plat Book
34, Page 101, Public Records of Orange, County, Florida.
Based on our examination, it is our opinion that, as of August 28, 1995, fee simple title to
the Property is vested in LAKE OLYMPIA SQUARE PARTNERSHIP,a Florida general partnership,
subject to the following matters and things:
1. Mortgage in favor of SOUTHTRUST BANK OF ALABAMA, NATIONAL
ASSOCIATION, recorded July 5, 1994, in Official Records Book 4763, Page 4359,
Public Records of Orange County, Florida, as modified and amended by a certain
Notice of Future Advance and First Amendment to Mortgage and Security
Agreement, recorded April 10, 1995, in Official Records Book 4877, Page 1984, Public
Records of Orange County, Florida.
?. Assignment of Rents and Leases given by LAKE OLYMPIA SQUARE
PARTNERSHIP to SOUTHTRUST BANK OF ALABAMA, NATIONAL
ASSOCIATION, recorded July 5, 1994, in Official Records Book 4763, Page 4379,
Public Records of Orange County, Florida.
3. Notice of Lease between LAKE OLYMPIA SQUARE PARTNERSHIP and Winn-
Dixie Stores, Inc., recorded July 5, 1994, in Official Records Book 4763, Page 4547,
Public Records of Orange County, Florida.
4. UCC Financing Statement given by LAKE OLYMPIA SQUARE PARTNERSHIP to
SOUTHTRUST BANK OF ALABAMA, NATIONAL ASSOCIATION, recorded July
City of Ocoee
September 8, 1995
Page 2
5, 1994, in Official Records Book 4763, Page 4352, Public Records of Orange County,
Florida.
5. Notice of Commencement, made by LAKE OLYMPIA SQUARE PARTNERSHIP,
recorded July 18, 1994, in Official Records Book 4770, Page 264, Public Records of
Orange County, Florida.
6. Notice of Restrictions, recorded July 5, 1994, in Official Records Book 4763, Page
4552, Public Records of Orange County, Florida.
7. Conditions and Easements as depicted on the plat of LAKE OLYMPIA SQUARE
REPLAT, Plat Book 34, Page 101, Public Records of Orange County, Florida.
S. Agreement by and between LAKE OLYMPIA SQUARE PARTNERSHIP and the
CITY OF OCOEE, filed in Official Records Book 4770, Page 2263, Public Records of
Orange County, Florida.
9. Agreement by and between LAKE OLYMPIA SQUARE PARTNERSHIP and the
CITY OF OCOEE, filed in Official Records Book 4770, Page 2239, Public Records of
Orange County, Florida.
10. Developer's Agreement by and between LOUIS GEYS and the CITY OF OCOEE,
tiled in Official Records Book 3900, Page 170, and Amendment to Developer
Agreements filed in Official Records Book 4216, Page 1149, Public Records of Orange
County, Florida.
11. Developer's Agreement by and between WESCAR, INC. and the CITY OF OCOEE,
tiled in Official Records Book 3924, Page 1883, and Amendment to Developer
Agreement filed in Official Records Book 4216, Page 1149, Public Records of Orange
County, Florida.
12. Developer's Agreement fur Sewer Service by and between the CITY OF OCOEE and
DABI, INC., filed in Official Records Book 4060, Page 1758, and Assignment of
Developers' Agreement for Sewer Service and Developer's Agreement for Water
Service tiled in Official Records Book 4137, Page 1819, Public Records of Orange
County, Florida.
13. Developer's Agreement for Water Service by and between the CTTY OF OCOEE and
DABI, INC., tiled in Official Records Book 4060, Page 1789, and Assignment of
Developer's Agreement for Sewer Service and Developer's Agreement for Water
Service filed in Official Records Book 4137, Page 1819, Public Records of Orange
County, Florida.
14. Easement in favor of FLORIDA POWER CORPORATION filed in Official Records
Book 3794, Page 1417, Public Records of Orange County, Florida.
City of Ocoee
September 8, 1995
Page 3
15. Easement in favor of FLORIDA POWER CORPORATION filed in Official Records
Book 3868, Page 3049, Public Records of Orange County, Florida.
16. Declaration Ingress and Egress Easement (Easement A) by LOUIS GEYS, filed in
Official Records Book 4304, Page 2596, Public Records of Orange County, Florida.
17. The provisions of the Annexation Hold Harmless Agreement between WESCAR
INC., AGENT FOR CLARENCE & HELEN KENNEKE (OWNERS) and the CITY
OF OCOEE, filed in Official Records Book 3900, Page 269, Pubic Records of Orange
County, Florida.
18. Non-Exclusion Temporary Easement Agreement by and between LOUIS GEYS and
the CITY OF OCOEE, filed in Official Records Book 4227, Page 1842, Public
Records of Orange County, Florida.
19. Orange County/City of Ocoee Water Service Territorial Agreement Contract No. W-
88-06, recorded November 14, 1988, in Official Records Book 4034, Page 0291, Public
Records of Orange County, Florida.
20. Declaration of Cross Ingress and Egress Easement Agreement and Cross Parking
Easement Agreement, recorded June 3, 1994, in Official Records Book 4750, Page
3292, Public Records of Orange County, Florida.
21. Declaration of Restrictions for Lake Olympia Square, recorded June 3, 1994, in
Official Records Book 4750, Page 3253, Public Records of Orange County, Florida.
22. Declaration of Covenants, Conditions, Restrictions, and Easements, recorded June 9,
1995, in Official Records Book 4902, Page 3262, Public Records of Orange County,
Florida.
This opinion of title is rendered solely to and for the use of the City of Ocoee, and may
not be relied on by any other party for any reason without the written authorization of the
undersigned. This opinion of title is rendered at the request of the City of Ocoee for the purpose
of assisting the City of Ocoee in evaluating certain proposed site plans and proposed plats
submitted by LAKE OLYMPIA SQUARE PARTNERSHIP with respect to the development of
the Property.
esp- tfully submitted,
(2'
g• es A. McNabb, Jr.
JM4c/mlf