HomeMy WebLinkAboutItem III (C) Approval and Authorization for Mayor and City Clerk to execute Cross Creek Phase II Amendment to Developer's Agreement for Sewer Service AGENDA 1-16-96
Item III C
MEMORANDUM
DATE: January 9, 1996
TO: The Honorable Mayor and Board of City Commissioners
FROM: Montye E. Beamer, Director
Administrative Services
SUBJECT: Cross Creek Phase II
Amendment to Developer's Agreement for Sewer Service
Cross Creek Phase II has one hundred sixty-four (164) units; sewer capacity in the amount of
44,280 gallons per day has been requested. Cross Creek Development Company has paid
$469,860 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. [As a
note, the City may be buying reserved capacity from Barry Goodman should the City sewer
reserves be reduced much more. This will be by Commission action and is only included as a
briefing item.]
MEB/jbw
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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 SEWER SERVICE
THIS AMENDMENT TO DEVELOPER'S AGREEMENT FOR SEWER 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 Sewer Service
Agreement ("Developer's Agreement") dated January 4, 1994 and recorded January 11, 1994 in
Official Records Book 4682, Page 0985 of the Official Records of Orange County, Florida which
provided Sewer 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 Sewer Service Capacity; and
D. The Developer has requested additional Sewer Service Capacity for the improvements
located or to be located on the Additional Property, which additional Sewer Service Capacity is to be
allocated to the Additional Property; and
E. 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 Amendment, the Developer's
Agreement and applicable rules, regulations, laws and requirements; and
F. The Developer requires and relies on Sewer 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 SEWER CAPACITY. Section 6 of the Developer's Agreement is hereby
amended to add the following additional language:
The Developer has delivered to the Utility the sum of FOUR HUNDRED SIXTY-
NINE THOUSAND EIGHT HUNDRED SIXTY AND NO/100 DOLLARS
($469,860.00) representing the payment of the applicable sewer capital charge
for the reservation of FORTY-FOUR THOUSAND TWO HUNDRED EIGHTY AND
NO/100 (44,280) Gallons Per Day ("GPD") of Sewer Service Capacity. In
consideration of the payment of said sewer 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-FOUR THOUSAND TWO HUNDRED
EIGHTY AND NO/100 (44,280) GPDs of Sewer 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):
3
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
ail „ ag By:
s :to
reV
iName: �� �/ - .
f Its:
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Pr •W(type Name ( SEAL )
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Signature
1/11a-tate WRNS
Print/Type Name
STATE OF vxik.n.o
COUNTY OF o.. IL.A
I HEREBY CERTIFY that on this day, before me, an officer duly author' d in the State
and Co ty aforesaid to take acknowledgements, personally appeared (���C'l ,as
V.I.cQ i-t of PIZZUTI EQUITIES, INC., General Partner of CROSS CREEK DEVELOPMENT
COMPANY, a Florida general partnership, who [)C1 is personally known to me or [ 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 Z9 day
of -c...na.•--Da.a...r- , 1995 .
d5rA_____)
AL 0- ,
,
Si. re of Notary NOVA S. 1l:l
NOTA'-',1' PII3LC, STATE OF Ol O
MY COMMISSION EXPIRES DEC. 5, 1999
N.-of Notary (Typed,Printed or Stamped)
Commission Number(if not legible on seal):
My Commission Expires(if not legible on seal):
4
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0 D 0 ZE5I V D ZeTEE
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A PLAT LYING IN SECTION 32, TOWNSHIP 22 SOUTH, RANGE 28 EAST,
CITY OF OCOEE, ORANGE COUNTY, FLORIDA
A PORTION OF THE NORTMME'ST ONE-WARIER Cr SECTION 32. TOWNSNHIP 22 SOUTH, RANCC 28 EAST. ORANGE COUHT`; FLORIDA DEING WORE PARTICULARLY
OESCRAED 4 FOLLOWM
comma AT THE NORT1AST CORNER OF THE NORTHIKST ONE-OUARTER OF stow TO#t4HIP 22 SOUTM. RANGE 21 EMT. SAID POINT A410 KING THE
NORTHEAST CORNER OF CROSS CREEK PHASE I. ACCOROIWC THI
TO THE PLAT Igor 4 RECORDED IN PLAT SOCK PAGES 30 AN6 31 OF THE PUIUC RECORDS
Of ORANGE COUNTY. PIMA; THENCE RUN SOUTH 0021'52' EAST. ALONG THE EAST LIE Or THE NORTHWEST ONE-CUARTER OF SAID SECTION 32, SAN
LINE ALSO TONG DIE EAST UNE OF SAID CROSS CREEK PHASE I. A OUTPACE Cr 673.11 FEET. TO THE SOUTHEAST CORNER Cr SAID CROSS CRUX PHASE I. MCI
PONT ALSO SLAG INE POINT OF SECT NHIH0, THENCE, LEANNO SAID EAST UNE, RUN ALONO IME SOUTHERLY LIE Or SAID CROSS CREEK PHASE I THE
FOLLOISNO 20 COUJRSE% THENCE SOUTH 157106' WEST. A DISTANCE OF 151.14 FUT. TO A POINT ON A CURVE 0011CM(D SOUTHWESTERLY AMO HAVWO A
RADIUS OF 300.00 PUT AND A CHORD 1EARNNG OF SOUTH 22' 2311' EAST; THENCE. RUN SOUTHEASTERLY ALONG 114EE ARC OF SAD CURVE THROUGH A
CENTRAL ANGLE Cr 4'05'34' FOR AN ARC DISTANCE Or 21.40 FEET TO TME POINT OF COMPOUND CURVATURE Or A CURVE CONCAVE SOUTH Y ANO
HMA A RADIUS OF 400.00 FEET ANO A CHORD SCARING Of SOUTH %rIf2r CASTS THENCE RUN SOUTHEASTERLY ALONG THE ARC SAD CURVE
THROUGH A COAXAL ANGLE OF 02'03'00' FOR AN ARC DISTANCE Or 14.33 FEET TO A POINT,_114ENM LEAVING SAID CUBA. RUN SOUTH 7 '4'07' WEST,
A DISTANCE CF 170.01 FEET; THENCE SOUTH 21'5310 [ASST A DISTANCE Of 10.75 FCfTi �MENCE SOUTH 11.35'01' EAST A DISTANCE Or 42.60 PUT;
TFIDICE SOUTH 0021'52' EAST. A DISTANCE OF 453.52 FEET'; THENCE SOUTH 1ra1'54 %HEST, A DISTANCE Of 134.43 FEET: THENCE TM 6815.07•
NEST, A DISTANCE Or 4 ,10 FEET. THENCE NORTH 1815 or WEST, A DISTANCE OF 4044 FEES TIIWOE NORTH 40'34'30 IVEST, A DISTANCE 41.81 FEET;
1HEI= NORTH 11'44'10' 4ST, A DISTANCE OF 41.11 FEJT; THENCE NORTH 31,4 01' NEST. A DISTANCE V 178.17 FUN' THENCE NO TM 00'53'51"
EAST. A DISTANCE OF 70.41 FEET; 'nogg NORTH 0002'32' GST. A DISTANCE Or 142.65 FT.CT: 1f1[NCC NORTH 01'51'37' CAST. A DISTANCE 11.110 FitT!
THENCE NORTH e103'23 1tST. A DISTANCE CO 181.23 FEET, TO THE POINT ON A CURVE COHCAVC NORTHWESTERLY ANd mama A RADIUS 850.00 FLET
AND A 04000 SCARING OF NORTH 01'71'27' CAST, TFIENCE, RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A �:E AL ANGLE OF
0192'21' FOR AN ARC DISTANCE OF 17.23 FEST, THENCE. LEAVING =AID CURE. RUN SOUTH 110053' RCP, A DISTANCE Of 300.17 FEET: CL NORTH
677235' NEST: A DISTANCE OF 50.41 FELT: THENCE NORTH 5010'40' WEST. A DISTANCE OF 121.14 FEET. TO THE SOUTHWESTERLY OF CROSS
CREEK PHASE % TMENCC. LEAVING SAID SCUMMY 10UNDARY UNE Or CROSS CREEK PHASE I, Rim SOUTH 0600'34' WEST, A DISTANCE 130.33 FEET,
THENCE RIM SOUTH 023x21' EAST. A DISTANCE Cr 70.00 FETA THENCE RUN SOUTH 1310'!3' EAST, A DISTANCE OF 133.61 FEET. RyN SOUTH
01'0,311' CAST, A DISTANCE of 207.54 FEET THOICC RUN SOUTH 70'4211' WEST A DISTANCE OF 115.17 FEET; THENCE RUN SOUTH 221 3' WEST, A
DISTANCE OF 447.57 FEET; THENCE RUN SOUTH 0526"23• CAST. A DISTANCE OF 317.SS FEET' THENCE RUN SOUTH 0.190'01' EAST, A DIST OF 360.57
FIST: THENCE RUN NORTH SI'*4'SNr EAST A INSTANCE OF 1,015.51 FEE1t THENCE RUN NORTi1 0073'04' WEST, A DISTANCE OF 87414 FEE THENCE RUN
NORTH &r x54' EAST, A DISTANCE V 305.73 FEET. TO A POINT ON THE EAST LINE OF THE NORTHWEST DINE-CAIMI R OF SAID SECTION , 1MENCC RUN
NORTH 00'2132" NEST. ALONG THE SAID CAST LMC A DISTANCE OF 117.77 FEET. TO THE POINT OF UEGIININO.
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 the presence of:
L/'/ ����!�'
>k,�a n1 �1� By: /5 l,'/
r ,,
Name DONNA M. LARGE Name: Bc,.,)(e•1 :T. C‹,-(,(z, .1(>, r
___7441.4...r -70d.tirIts: \\);c C ?res Jr,-ct
Name 5Tevf" ft 4k.4t *' (CORPORATE SEAL) 1 _
STATE OF Fiore c19,___
COUNTY OF tD .
THIS IS TO CERTIFY, that on this c.A I l>' day of .Q. rY\-'z.1A-\ , 199, before me,
an officer duly authorized to take acknowledgements in the State and County aforesaid, personally
appeared ,,,\D. K C t,,-,,c,1 -,, ,as , k �0,,,;,,�,;.__,/._�-- of BARNETT BANK OF CENTRAL
FLORIDA,N.A.,who ersonally known to me or Heed
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/ter 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.
iliakt
/e** DEBRA J.GREY COL: -
an
MY COMMISSION i CC 407819 NOTARY PUBL
%a._N. WIRES:September 18,1998
VP W Bended Thm Notary PublIc 11diNfEe(SNameil& P-A _ n
E Y
My Commission expires: 1 %\`21
CAWS I\DOCSWCOEEIX-CRIDC.SEW I1vI8/9s 118W015I SMC:dp
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