HomeMy WebLinkAboutItem III (B) Approval and Authorization for Mayor and City Clerk to execute Cross Creek Phase II Amendment to Developer's Agreement for Water Service. AGENDA 1-16-96
Item III B
MEMORANDUM
DATE: January 9, 1996
TO: The Honorable Mayor and Board of City Commissioners
FROM: Montye E. Beamer, Director(it)i '
Administrative Services
SUBJECT: Cross Creek Phase II
Amendment to Developer's Agreement for Water Service
Cross Creek Phase II has one hundred sixty-four (164) units; water capacity in the amount of
49,200 gallons per day has been requested. Cross Creek Development Company has paid
$158,424 to the City of Ocoee and has signed the necessary amendment to its Developer's
Agreement along with Barnett Bank of Central Florida as to Joinder, Consent and
Subordination.
Staff recommends that (1) the Amendment to the Cross Creek Development Company be
approved and that (2) authorization be given to the Mayor and City Clerk to execute
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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 For Recording Purposes Only
PROJECT NAME:
CROSS CREEK PHASE II
AMENDMENT TO DEVELOPER'S
AGREEMENT FOR WATER SERVICE
THIS AMENDMENT TO DEVELOPER'S AGREEMENT FOR WATER SERVICE(this"Amendment")
is made as of this day of , 199_, by and between the CITY OF OCOEE, a Florida
municipal corporation (hereinafter referred to as the "Utility"), whose mailing address is 150 North
Lakeshore Drive, Ocoee, Florida 34761, and CROSS CREEK DEVELOPMENT COMPANY, a Florida
general partnership (hereinafter referred to as the "Developer") whose mailing address is 250 East
Broad Street, Columbus, Ohio 43215.
RECITALS
A. The Developer entered into that certain Amended and Restated Water Service
Agreement ("Developer's Agreement") dated January 4, 1994 and recorded January 11, 1994 in
Official Records Book 4682, Page 0960, of the Official Records of Orange County, Florida which
provided Water Service Capacity to certain property located in Orange County, Florida owned by the
Developer and referred to therein (the "Property"); and
B. The Developer owns additional real property located in Orange County, Florida, as
described in Exhibit "A" attached hereto and by this reference made a part hereof (the "Additional
Property"); and
C. The Developer has constructed or will construct certain improvements on the Additional
Property which require or will require additional Water Service Capacity; and
D. The Developer has requested additional Water Service Capacity for the improvements
located or to be located on the Additional Property, which additional Water Service Capacity is to be
allocated to the Additional Property; and
E. 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 Amendment, the Developer's
Agreement and applicable rules, regulations, laws and requirements; and
F. The Developer requires and relies on Water Service Capacity and other public services
from the utility in order to develop the Additional Property; and
G. The Utility and Developer hereby acknowledge and warrant to each other that this
Amendment amends the Developer's Agreement and any future acts as required hereby are binding
and enforceable on the Utility and the Developer in accordance with its 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:
1. RECITALS. The above recitals are true and correct, and form a material part of this
Amendment.
2. DEFINED TERMS. All capitalized terms and phrases used in this Amendment shall be
as defined in the Developer's Agreement.
3. ADDITIONAL WATER CAPACITY. Section 7 of the Developer's Agreement is hereby
amended to add the following additional language:
The Developer has delivered to the Utility the sum of ONE HUNDRED FIFTY
EIGHT THOUSAND FOUR HUNDRED TWENTY-FOUR AND NO/100 DOLLARS
($158,424.00) representing the payment of the applicable water capital charge
for the reservation of FORTY NINE THOUSAND TWO HUNDRED AND NO/100
(49,200) Gallons Per Day ("GPD") of Water Service Capacity. In consideration
of the payment of said water capital charges and subject to the terms and
conditions of this Amendment and the Developer's Agreement, the Utility
hereby allocates a total of FORTY NINE THOUSAND TWO HUNDRED AND
NO/100 (49,200) GPDs of Water Service Capacity to the Additional Property
for use by the Developer.
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 Amendment to be duly executed as
of the day and year first above written.
"UTILITY"
Signed, sealed and delivered CITY OF OCOEE, a Florida municipal
in the presence of: corporation
By:
Signature S. Scott Vandergrift, Mayor
Print/Type Name Attest:
Jean Grafton, City Clerk
Signature (SEAL)
Print/Type Name
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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
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):
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IN WITNESS WHEREOF, the Developer has caused this Amendment to be duly executed as of
the day and year first above written.
"DEVELOPER"
CROSS CREEK DEVELOPMENT CO.,
Signed, sealed and delivered a Florida general partnership
in the presence of:
By: PIZZUTI EQUITIES, INC., General Partner
tAiLildirk By: "7
-AO. 4111111110
_lure
\DVA 6. ► II
Print/Type Name ( SEAL
I
Signature
Print/Type Name
STATE OFA
COUNTY OF �Y -,---CL-i-vim.
I HEREBY CERTIFY that on this day, before me, an offic duly authoriz d in the State
and County aforesaid to take acknowledgements, personally appeared �,,,4 C. as
\1 -C rx of PIZZUTI EQUITIES, INC. General Partner of CROSS CREEK DEVELOP t
COMPANY, a Florida general partnership, who I).CI is personally known to me or I I produced
as identification, and that _he 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 by said corporation, 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 2-1 day
of , 1995.
1
)Y'JJ / I
Siga of Notary I•c / !^;
NOivzY . P..i_IC. .;TAT OF 0F03
61Y COMM',LION EXPIRES DEC. 5, 1999
Name of Notary (Typed,Printed or Stamped)
Commission Number(if not legible on seal):
My Commission Expires(if not legible on seal):
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STT "A"
( Zte ZeTEE
:El A taX
A PLAT LYING IN SECTION 32, TOWNSHIP 22 SOUTH, RANGE 28 EAST,
CITY OF OCOEE, ORANGE COUNTY, FLORIDA
A PORTION Of THE NOR1M ST CNE-QUARTER or sECT1oN 32. TOWNSHIP 22 SOUTH, RANGE 25 EAST. ORANGE COUNTY; FLORIDA DEENG YORE PARTICULARLY
DESCRISED AS MOLLOWS
CONNOICE AT THE NORTHEAST CORNER Of THE NW:N*W ONE-CUARTER OF SEC1fON 32. TON4dH IP 32 5OUM. RANGE 25 EASE SAO POINT At 90 SONO THE
NORTHEAST CORNER OF CROSS CRUX MAK L ACCOR09 G ToS 11E PIAT 114040r AS ammo IN PLAT SOAR 33 PAQEI 30 AND 31 Cr4P INC Rim RECORDS
V ORANGE COUNTY. FLORIDA. HENCE RUN SOUTH 002152 EAST. ALONG THE CAST LOPE OF Tit NORTNMRST ONE-QUARTER OF SAID SCC1TON 32. SAID
INE ALSO Km INE EAST UNE Or SAD CROSS CREEK PHASE L A DISTANCE or 67111 FEET. TO THE SOUTHEAST CORNER OF SAD CROSS CREDO,PHASE I, SAID
POINT ALSO SONO THE POINT Of SECINNN0R THENO. LtAv1NO SAID CAST UNC. RUN ALONG THE SOUTHERLY UNE or SAID CROSS CRUX PHASE I THE
FOLLOWING 20 COURSE* DING C SOUTH 6534101 MT. A DISTANCE OF 155.14 FRLT. TO A POINT ON A CURVE OONOAVCD S UTIMSTERLY AND HAV9NC A
RADIUS Cr 300.00 FEET AND A CHORD SEARING OF SCUM 22' 23'16' EAST; ZNENCE. RUN SOUTi1:As'ERLT ALONG T�HNEE ARC OF SAID CURK THROUGH A
CE3UTRAL ANGLE Olj 4'W34' FOR NI ARC DISTANCE Of 21.60 STET TO THE PONT OF CCIIOUND CURVATURE Or A cunt CONCAVE SOUTH_XIESTERLY AND
HAN6IS A RAMS Or 400.00 FEET AND A CHORD SCMING OF SOUTH tsirzr CAST; THEE RUN SOUTHEASTERLY ALONG Mg ARC OF SAD CURVE
TIAROUQI A Q)F1RAL ANGLE OF 02103'06' FOR AN ARC DISTANCE or 14.33 FEET TO A POINT; MOM LAMING SAID CURVE. RUN SOUTH 71' 4'07' 1KUT,
A DISTANCE OF 170.06 FEET', THENCE SOUTH Z1'S31r CAST A DISTANCE or 18.79 PUT THENCE SOUTH
11'35'01' EAST. A DISTANCE Of 42.61 FEET;
IHOI Z SOUTH 0071'53" CAST. A DISTANCE OF 45335 F<ET; THENCE SOUTH W411.54* WEST, A DISTANCE Of 134.43 FEET; THENCE NORM 6ais'or
*EST. A DISTANCE OF 46189 FEET; THOME NORTH I61Sror WEST A DISTANCE OF 48. 9 FEET; THENCE NORTH 4034'31' MIST. A DIAN
STCE fV 46.81
HERTH FE I
THENCE NO11'44'10 w5.ST. A DISTANCE OF 4.16 FELT; TOIENCC NORM 31.04•O6' %KST. A DISTANCE Of 174.87 FELT; THENCE NORTH 0013.31
EAST, A DISTANCE or 75.41 FEET; THDICC NORM 06'03'32' EAST. A DISTANCE or 142.65 FELT: THCNOL NORTH 01'54'37' CAST. A DISTANCE Of 55.10 FLET;
THENCE NORTH ee 03'ZY WEST. A DISTANCE Of 161.73 FEET. TO The PONT ON A C3URVC CONCAvQ NORTHPESTERLY AND HAVING A RADIUS O1 15000 FEET
AND A 04060 SCARING Of NORTH orzi 2r CAST; THENCE, RUN NORTHEASTERLY ALONO THE ARRC OF SAID CURVE THROUGH A CENTiew. ANGLE OF'
0102'22' FOR AN ARC DISTANCE OF 17.33 FEET THENCE LEAVING SAID AJRK. RuN SOUTH 560053' WEST, A DISTANCE OF 300.57 FLET' THENCE NORTH
87`12'36' %CST. A DISTANCE Cr 30.41 FEET; 114010E NORTH 1010'40' W[3T A DISTANCE or 121.114 FEET. TO THE SOUTHNSSTERLY COINER or cROSS
Must Pst R TNEHCE. LEANING SAD scummy immure mg or moss CREEK PIAS[ RUN SOUTH OS�DO'34' *EST. A DISTANCE OF 13033 FEET:
THENCE RUN SOWN 02'15'26' EAST. A DISTANCE OF 70.00 FEET THENCE RUN SOUTH 1310' EAST A DISTANCE OF 133.66 FEET: THENCE INN SOUTH
01.034' EAST, A DISTANCE of 201.14 FLET;THE NCE RtUN SOUTH 70'42'11' WEST A DISTANCE OF 115.17 FUT; THE NCE RUNUT
SOH 2213 3" WEST. A
DISTANCE OF 447.57 FEET THENCE RUN SOU 0514"23' EAST. A =TAKE CF 317.45 PUT' THENCE RUN SOU1N 030006' EAST, A DIET CE Cr 360.s7
nit THENCE RUN NORTH 1114'50' CAST A DISTANCE Of 1.018.51 FEET THENCE RUN NORTH 0073'04' WEST. A DISTANCE of 674.14 FEET THENCE RUN
NORTH angle EAST, A DISTANCE OF 305.73 FEET. TO A POINT ON ME EAST LME OF ME NaMWEST ONE-WARIER Of SAID SECTION 7; THENCE RUN
NORM 0021'12' KS?. ALONG TNS SAID CAST UNE A DISTANCE OF 117.77 FEET. TD THE PONT Of IICOINNW0.
JOINDER, CONSENT AND SUBORDINATION
The undersigned hereby certifies that BARNETT BANK OF CENTRAL FLORIDA, N.A.,
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 4678,
Page 2703, of the Public Records of Orange County of Florida in the original sum of $6,852,641.00,
shall be subordinate to the foregoing instrument.
Signed, sealed and delivered BARNETT BANK OF CENTRAL FLORIDA,N.A.
in he presence of:
Alo<,;
(f, ',t I ,(/ /I/. --/P)1/4X
Name DONNA M. LARGE Name: (3 c:.J ie.j L Cc.r o c' to r
Jecr--------/-riz4-44-4444'
Its: ,.) .( e_ tr9,01 --)(-' ._
+STEEN
J. MARKOWSKI
Name_ (CORPORATE SEAL)
STATE OF \N' \ct \ �
COUNTY OF c�jr._3, fe
d T
THIS IS TO CERTIFY,that on this,a_O'day of i- ,N , 1994, before me,
an officer duly authorized to take acknowledgementA,in the State and County aforesaid, personally
appeared j; ._,, ( A-\ r� ,as\.,� ,\y.;-. ,,ii of BARNETT BANK OF CENTRAL
FLORIDA,N.A.,who is ersonally known to me a predueed
as--idenifieatierr, 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/ha .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.
let% DEBRA J.GREY NOTARY PUBL (11V-C1-(t-
:,,,
Ill .fM
My COMMISSION/cc 407819
"t.r no Bonded Tin Notary Nile UnderwrItery Name: -6 1 T Mile , • z\i
My Commission expires:k\I q,‘°i
C:\WP51\DOCS\OCOEE X-CREE1C.WAT 117/19/951 18W015I9.(C:dp
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