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HomeMy WebLinkAboutItem III (C) Approval and Authorization for Mayor and City Clerk to execute Reclaimed Water Agreement with SCI Funeral Services of Florida, Inc. for Orlando Memorial Gardens Cemetery Agenda 9-15-98 •. •.-.= Item III C o �i VP) © o ef•r'*Of coon`�i`�� JAMES W.SHIRA,P.E. CITY ENGINEER/UTILITIES DIRECTOR 150 N.LAKESHORE DRIVE•OCOEE,FLORIDA 34761 PHONE(407)656-2322 EXT. 142•FAX(407)656-7835 MEMORANDUM DATE: September 11, 1998 TO: The Honorable Mayor and Board of City Commissioners FROM: James W. Shira, P.E., City Engineer/Utilities Director SUBJECT: Reclaimed Water Agreement - Orlando Memorial Gardens Cemetery With the overall above-average rainfall central Florida has experienced over the past few years, the groundwater table in many areas is significantly higher than had been the case for many years before. We have found that this can be a problem when trying to dispose of treated wastewater effluent(reclaimed water),because the high groundwater table limits the ability of a given site to absorb the additional reclaimed water. Currently, our primary reclaimed water disposal site is the Forest Lake golf course. While this has been an acceptable arrangement to date, our reclaimed water combined with a high groundwater table could pose a significant golf course maintenance problem. The construction of the reclaimed water system will alleviate this problem by providing other reclaimed water disposal sites along Clarke Road,but until that system is built, we needed to find areas in addition to the golf course upon which to dispose of our current reclaimed water flow. The Orlando Memorial Gardens cemetery lies just north of and adjacent to the Forest Lake golf course. This site is one of many that were identified in the reclaimed water feasibility study as potential reclaimed water users. The close proximity of the cemetery to the golf course will allow us to easily provide reclaimed water to the cemetery irrigation system. The additional disposal capacity provided by a connection to the cemetery irrigation system will take some of the load off the golf course, and will become part of the overall reclaimed water system. Attached for your review and action is a Reclaimed Water Agreement between the City of Ocoee and SCI Funeral Services of Florida, Inc.,the owner of the cemetery. This agreement has been prepared by the City Attorney, and upon execution by the Mayor and City Clerk, will enable us to begin construction of the facilities required to supply the cemetery irrigation system with reclaimed water. I recommend that the City Commission authorize the Mayor and City Clerk to execute the Reclaimed Water Agreement between the City of Ocoee and SCI Funeral Services of Florida, Inc. C THE PRIDE OF WEST ORANGE THIS INSTRUMENT PREPARED BY: Martha H.Formella,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 For Recording Purposes Only Case No.: RECLAIMED WATER AGREEMENT THIS RECLAIMED WATER AGREEMENT (this "Agreement") is made this day of , 199_, by and between the CITY OF OCOEE, a Florida municipal corporation (hereinafter referred to as the "City"), whose mailing address is 150 North Lakeshore Drive, Ocoee, Florida 34761, and SCI Funeral Services of Florida, Inc. d/b/a Orlando Memorial Gardens (hereinafter collectively referred to as the "Owner"), whose mailing address is 1350 West Fairbanks Avenue, Winter Park, Florida 32789. RECITALS WHEREAS, the Owner owns fee simple title to certain property located in Orange County, Florida, said property being more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof(the "Property"); and WHEREAS, the City and the Owner desire to set forth their understanding regarding irrigation of the Property with reclaimed water. NOW, THEREFORE, in consideration of the mutual premises hereof, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: SECTION 1. RECITALS. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. RECLAIMED WATER: IMPROVEMENTS. Owner shall accept up to 155,000 gallons per week of reclaimed water from the City for irrigation of the Property in accordance with Department of Environmental Protection rules and regulations. The City has no obligation to provide any minimum amount of reclaimed water. This Agreement is subject to the terms and conditions of Chapter 174, Ocoee City Code, as it may be amended from time to time. The City shall install the improvements, including but not limited to reclaimed water lines, necessary to accommodate up to 155,000 gallons per week of reclaimed water ("Improvements"). All of the Improvements on the Property shall be owned and maintained by the Owner. The Improvements are covered by a one-year contract warranty. The Owner shall notify the City of the need for any warranty work and the City shall arrange for the Contractor to perform any warranty work. The City shall have no responsibility to reimburse the Owner for the cost of maintenance performed by the Owner or any claims for warranty work. SECTION 3. CONVEYANCE OF TEMPORARY EASEMENT TO CITY. Within thirty (30) days of written notice from the City, the Owner shall convey an easement sufficient to accommodate construction of the Improvements and completion of any warranty work. SECTION 4. NOTICE: PROPER FORM. Any notices required or allowed to be delivered shall be in writing and be deemed to be delivered (1) when hand delivered to the official hereinafter designated, or (2) upon receipt of such notice when deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to the party at the address set forth opposite the party's name below, or at such other address as the party shall have specified by written notice to the other party delivered in accordance herewith. OWNER: SCI Funeral Services of Florida, Inc. d/b/a Orlando Memorial Gardens 1350 West Fairbanks Avenue, Winter Park, Florida 32789 CITY: City of Ocoee City Manager 150 North Lakeshore Drive Ocoee, Florida 34761 SECTION 5. NOTICES: DEFAULT. Each of the parties hereto shall give the other party written notice of any default hereunder and shall allow the defaulting party thirty (30) days from the date of its receipt of such notice within which to cure any such defaults or to commence and thereafter diligently pursue to completion good faith efforts to effect such cure and to thereafter notify the other parties of the actual cure of any such defaults. This Agreement is enforceable at law or in equity by the non-defaulting party, including, but not limited to the right of specific performance. SECTION 6. BINDING AGREEMENT ON SUCCESSORS. This Agreement shall be binding upon and shall inure to the benefit of the Owner, the City, and their respective successors and assigns and shall run with the land. 006.105984.2 -2 SECTION 7. RECORDATION. The parties hereto agree that this Agreement shall be recorded in the Public Records of Orange County, Florida, at the expense of the Owner. SECTION 8. APPLICABLE LAW. This Agreement and the provisions contained herein shall be construed, controlled, and interpreted according to the laws of the State of Florida. SECTION 9. SEVERABILITY. If any part of this Agreement is found invalid or unenforceable by any court, such invalidity or unenforceability shall not affect the other part of this Agreement if the rights and obligations of the parties contained therein are not materially prejudiced and if the intentions of the parties can continue to be effected. SECTION 10. RECOVERY OF ATTORNEYS' COSTS AND FEES. In connection with any litigation between the City and the Owner, including appellate proceedings arising out of this Agreement or the violation of any law, rule, regulation, ordinance, resolution, or permit, the prevailing party shall be entitled to recover from the other party reasonable attorneys' fees, paralegal fees, and costs hereunder, whether incurred prior to, during or subsequent to such court proceedings, on appeal or during any bankruptcy proceedings. SECTION 11. ENTIRE AGREEMENT. This instrument and its exhibits constitute the entire Agreement between the parties and supersedes all previous discussions, understandings, and agreements between the parties relating to the subject matter of this Agreement. Amendments to and waivers of the provisions herein shall be made by the parties in writing by formal amendment which shall be recorded in the Public Records of Orange County, Florida at the Owner's expense. SECTION 12. COUNTERPARTS. This Agreement and any amendments hereto may be executed in any number of counterparts, each of which shall be deemed an original instrument, but all such counterparts together shall constitute one and the same instrument. SECTION 13. EFFECTIVE DATE. This Agreement shall first be executed by the Owner and submitted to the City for approval by the Ocoee City Commission. Upon approval by the Ocoee City Commission, this Agreement shall be executed by the City. The Effective Date of this Agreement shall be the date of execution by the City. SECTION 14. TERM. The term of this Agreement shall be ten (10) years from the Effective Date. The term of this Agreement may be for additional five (5) year terms extended by mutual agreement of the Owner and City not less than six (6) months prior to its expiration. Any such extension shall be by formal amendment in accordance with Section 11 of this Agreement. 006.7 05984.2 -3- IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed the day and year first above written. Signed, sealed and delivered "CITY" in the presence of CITY OF OCOEE, a Florida municipal corporation Signature By: S. SCOTT VANDERGRIFT, Mayor Print/Type Name Attest: JEAN GRAFTON, City Clerk Signature (SEAL) Print/Type Name FOR USE AND RELIANCE ONLY BY APPROVED BY TEE OCOEE CITY THE CITY OF OCOEE, FLORIDA. COMMISSION AT A MEETING HELD APPROVED AS TO FORM AND ON , 199 UNDER LEGALITY this day of , AGENDA ITEM NO. 199 FOLEY & LARDNER By: City Attorney .4- 006.105984.2 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 , 199_. 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): IN WITNESS WHEREOF, the Owner has caused this Agreement to be duly executed the day of , 199_. Signed, sealed and delivered "OWNER" in the presence of SCI FUNERAL SERVICES OF FLORIDA, INC., a Florida corporation, d/b/a ORLANDO ►4 ORIAL GARDENS Signature ichael K. Shatz By: PrintfType Names Name: /0c4,.. t./ th _c../� Title: �y.•...�-� �/./� Signature. (CORPORATE SEAL) - Y/ GTn.0-iA './U,C6X- Print/Type Name • 006.105984.2 -5- 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 Rtc be rd C hes le r , as Regional U cc e Pres 1de. 1 of SCS' Funerctt Se4utces o F Fkgz,DA, a FLott' DA corporation, who [gis personally known to me or [ ] produced as identification, and that he/she acknowledged executing the foregoing instrument on behalf of said corporation, in the presence of two subscribing witnesses, freely and voluntarily under authority duly vested in him/her, 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 /0 day of Sept/Ale r , 199s . • AtA74-70 Signature of No . Linda J.Dixon •.*s MY COMMISSION N CC636306 EXPIRES 7"�. d5 April 26,2001 ' . BONDED THRU TROY FAIN INSURANCE.INC Name of Notary (Typed,Printed or Stamped) Commission Number(if not legible on seal): My Commission Expires(if not legible on seal): • 006.105984.2 -6- EXHIBIT "A" Orlando Memorial Gardens That part of the East 1/2 of the Southwest 1/4 and the North 80 Feet of the Southwest 1/4 of the Southeast 1/4 of Section 32, Township 21 South, Range 28 East, Platted as West Orange Memorial Park, as recorded in Plat Book Y Pages 137 and 138 of the Public Records of Orange County, Florida - 7 - JOINDER, CONSENT AND SUBORDINATION The undersigned hereby certifies that 0 N-1-0.A is the holder of a mortgage, lien or other encumbrance upon a portion of the above described property, and that the undersigned hereby joins in and consents to the foregoing instrument by the owner thereof and agrees that the mortgage, lien or other encumbrance by in favor of in the original principal amount of $ , which is recorded in Official Records Book , Page , all of the Public Records of Orange County of Florida, shall be subordinated to the foregoing instrument. IN WITNESS WHEREOF, the undersigned has caused this Joinder, Consent and Subordination to be duly executed by its authorized officer or representative this day of • , 19 Signed, sealed and delivered in the presence of By: Name: Title: Signature Print/Type Name Signature Print/Type Name 006.105984.2 -8 STATE OF FLORIDA COUNTY OF ORANGE THIS IS TO CERTIFY that on this day of , 199 , before me, an officer duly authorized to take acknowledgements in the State and County aforesaid, personally appeared , as of , who [ ] is personally known to me or [ ] produced • as identification, and that he/she acknowledged executing the foregoing instrument on behalf of said , in the presence of two subscribing witnesses, freely and voluntarily under authority duly vested in him/her. IN WITNESS WHEREOF, I have hereunto set my hand and seal on the above date. 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): 006.105984.2 -9-