HomeMy WebLinkAboutVII(D) Discussion/ Action Re: City Of Ocoee/ Orange County/ West Oaks Square, Inc Waste Water AgreementDATE: October 30, 1997
AGENDA 11-09-97
IteM VII D
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
TO: The Honorable Mayor and Board of City Commissioners
FROM: James W. Shira, P.E.
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City Engineer/Utilities Director
SUBJECT: Ocoee/Orange County/West Oaks Square Wastewater Agreement
Attached for your review and action is a proposed agreement for the provision of sanitary sewer
service to a parcel of land which lies within the City of Ocoee but outside the city's utility.
service area.
The parcel is proposed to be developed as a professional office site. Plans have been submitted
to the city and are under review. The site plans refer to the project as "Lake Lotta Professional
Park".
During the initial stages of design, it became apparent that provision of water and wastewater
services to the property would be difficult and expensive. Being in the county's service area, the
property should be served by the county for both water and wastewater. The county has an
existing water main along the west boundary of the site, but the nearest county sewer facility is
across Lake Lotta to the east. Due to the prohibitive expense of crossing Lake Lotta with a sewer
line, the developer asked Orange County to work with Ocoee to develop a joint agreement which
would allow Ocoee to provide wastewater service to the site.
The development is small, and the wastewater flow from the site will be minimal compared to
most developments we deal with. The proposed agreement provides that the developer will pay
the standard wastewater capital charge to Ocoee. He will also pay an annual fee of $250.00 to
defray the minimal administrative costs associated with this agreement. In addition, the
developer will pay $2,000.00 for the first year's estimated usage. This fee is based on an
estimate of the wastewater flow to be generated by the professional offices, and is computed at
90% of the standard rate to reflect the administrative effort that is being avoided by making our
billing annual instead of monthly. In this way, we eliminate the trouble of computing and
THE PRIDE OF WEST ORANGE
reconciling monthly bills based on -Orange County meter readings. The agreement provides for
this fee to be.adjusted annually- based -'on actual recorded flows.
We believe this agreement is. in the best interest of the three parties and is in the spirit of the
Ocoee/Orange County utility service area: agreements. _
I recommend that the City Commission authorize the Mayor and City Clerk to execute the
Orange County. / City of Ocoee_ / West Oaks Square, Inca Wastewater Agreement for De Minimus
Capacity.
Attachment
ORANGE COUNTY/CITY OF OCOEEMEST OAKS SQUARE, INC.
WASTEWATER AGREEMENT FOR DE MINIMUS CAPACITY
This Agreement is entered into on this day of , 1997, by and
between Orange County, Florida, a political subdivision of -the State of Florida (hereafter
"County"), the City of. Ocoee, a municipality created under the laws of the State of Florida
and located in Orange County, Florida (hereafter "City"), and West Oaks Square, Inc., a
Florida corporation , contract purchaser and soon after to be owner (hereafter "Owner") and
which is an entity related to Sandev Corporation.
RECITALS
1. The County and the City entered into that certain Orange County/City of
Ocoee Water Service Territorial Agreement, Contract No. W-88-06, as amended on
February 11, 1994 (hereafter the "Water Agreement"), establishing the County and the
City's respective water service areas.
2. The County and the City entered into that certain Sewer Service Territorial
Agreement known as the Orange County/Prima Vista Utility Company, Inc. Sewer Service
Territorial Agreement, Contract No. S-87-8, as amended on. February 11, 1994 (hereafter
the "Wastewater Agreement"), establishing the County and the City's respective
wastewater service areas.
3. The City received a request from the Owner to provide wastewater service
to property, more particularly described in Exhibit "A," attached hereto and incorporated
herein (hereafter the "Property"), which said Property lies within the County's water and
wastewater territorial area.
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4. Said Property contains approximately only..82 acres of developable property
and the proposed Project is an 8,000 square foot office. The capacity required is estimated
to be only 768 gallons per day, average annual.basis (hereafter "GPD"). Accordingly, the
City and County are willing to enter into a simplified letter agreement which the parties
agree is not intended to create any precedent.
5.:. Since the County's wastewater pipeline is distant from the Property, while the
City's wastewater pipeline is across State Road 50 from the Project, the County has
requested, and the City has agreed to provide wholesale wastewater service to the
Property through interconnections between the County and the, City wastewater systems
. _ pursuant to _Section 5 of the Wastewater Agreement.
6. The Owner also desires to obtain and the County is.willing to provide retail
water and wastewater service pursuant to the terms of .this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and
for good ,and valuable consideration, the sufficiency and receipt of which is hereby
acknowledged, the County and the City agree as follows:
Section 1. Recitals. The above Recitals are true and correct, and incorporated
herein by reference.
Section 2. Ca aci . Subject to the limitations contained in this Agreement, the
City shall provide the County with wastewater capacity up to. 768 GPD.
Section 3.. Eligible Service Area. The capacity provided pursuant to this,
Agreement shall be limited for use on the Property.
Section 4. Interconnection. The County and City agree to require the.Owner at
Owner's expense to design and construct the facilities necessary to physically connect to
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the City's wastewater transmission facility at the point of connection described in Exhibit
"B," attached hereto and incorporated herein (hereinafter the "Facilities"). The plans for
construction of the facilities necessary for said interconnection, up to and including the point
of connections shall be submitted to the County and the City by Owner for review and
approval prior to beginning construction. Upon, issuance of a certificate of completion
issued by the City and the Florida Department of Environmental Protection for the Facilities,
Owner shall dedicate by bill of sale said Facilities to the City who shall assume the
maintenance responsibility for said Facilities; provided, however, the lift station shall be the
maintenance responsibility of the Owner.
Section 5. Charges. Payment shall be made for wastewater to be treated by the
City according to the following schedule:
(1) Capital Charges. The County and City agree that the Owner shall pay
the current wastewater capital charges to the City upon the Owner's reservation of
wastewater capacity for the Property. It is anticipated that the Owner will pay to the City
a wastewater capital charge of $8,149.33 for 768 GPD of wastewater capacity which
represents the current City wastewater capital charge of $2,865.00 per Equivalent
Residential Connection (ERCs).
(2) Billing Charges. The Owner shall pay the City and County each a fee
of $250.00 at the time of the initial Lump Sum Payment, and annually thereafter, to defray
administrative expenses associated with this Agreement.
(3) Rate Increases. The City shall give the County sixty (60) days' notice
before any rate change is considered by the City.
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Section 6. Metering. One domestic water meter (a 4" X 1" fire line master meter)
and one irrigation water meter shall be installed at the connection point identified in Exhibit
"B" at the sole expense of the Owner. Upon installation, the meters shall become the
ownership and maintenance responsibility of the County. Said meters shall be the property
of the County. Further, the domestic meter shall be tested and maintained pursuant to
County policies.
Section 7. Billing and Payment. The Owner shall make a lump sum payment to
the City of $2,000.00 ("Annual Lump Sum Payment") in addition to the billing charges set
forth in section 5.(2) above within ten (10) days after the effective date of this Agreement.
Said amount represents 90% of the City's $110.48 base charge (or $99.43) per month
multiplied by 12 months or $1,193.18. Said amount also represents approximately three
times the City's annual estimated current volume charge (assuming operation 5 days a
week, 52 weeks a year (768 gpd) and a current rate of $1.32 per gallon (representing 90%
of the current volume charge of $1.47 per 1,000 gallons). Such fee shall be adjusted on
the first anniversary date of the payment to reflect any excess or shortage of fees paid in
relation to the actual wastewater usage, as reflected by the County's domestic water
consumption records for the "Project" (hereinafter referred to as "Excess" and "Overage"
respectively) in addition to any changes in base or monthly charges. On or before the first
anniversary date, and annually thereafter, the Lump Sum Payment shall be paid to the City
by the Owner plus any underage from the prior year, or minus any overage from the prior
year, as the case may be. The County shall read the water meters monthly and bill the
Owner each month for all water delivered hereunder during the prior month.
C
Section 8. Permits and Approvals. The implementation of this Letter Agreement
is subject to the legal requirements of various government agencies including but not
limited to the regulations of the United States Environmental Protection Agency and the
Florida Department of Environmental Protection. The County and the City agree to use
their best efforts to assist the Owner in obtaining permits for the connection facilities and
any other,permits or approvals necessary to implement this Agreement.
Section 9. Term/Termination. The term of this Agreement shall run concurrent
with the Wastewater Agreement and any extension thereof. Upon termination of the
Wastewater Agreement, the City of Ocoee shall pay within thirty (30) days to the County
all wastewater capital charges paid to the City in connection with obtaining wastewater
capacity for the Property if the County agrees to accept. wastewater flow from the Property.
Upon termination, the Owner,agrees to pay to the County any differences between the
City's payment to the County and the County's wastewater capital charges which are then
current. Further, this Agreement shall terminate without further action required by the
County or City if building permits are not issued for the Property within five (5) years of this
Agreement.
Section 10. Provision of Retail Water and Wastewater Service by County to
Owner. The County agrees to provide retail water and wastewater service to the Owner
subject to the following terms and conditions:
10.1 Design, Approval, Permitting and, Construction of On -Site
Facilities. The Owner agrees to design, submit to the County for approval, obtain
necessary permits, and construct all necessary on-site facilities (defined as the wastewater
collection and water distribution facilities necessary to deliver services on the Property) at
5
its expense pursuant to graphic Plans and Specifications prepared by a Florida registered
professional engineer. Said on-site facilities shall be constructed pursuant to the approved
Plans and Specifications and in accordance with all other applicable federal, state, and
local laws, regulations, rules and ordinances.
10.2. Inspection, Testing, and Approval of Construction. During the
construction of.the on-site facilities.by the Owner, the County shall have the continuing right
to inspect such installations to determine compliance with the Plans and Specifications.
The County shall control the quality of the installation, and further, shall be entitled to
perform standard tests for pressure, exfiltration, line and grade, and all other normal
engineering tests to determine that the system has been installed in accordance with the
Plans and Specifications and good engineering practices.
10.3 Effect of Reviews, Inspections, Approvals and Acceptances. The
reviews, inspections, approvals, and acceptances by the County of the Plans and
Specifications and construction shall not constitute a waiver of any claims arising from (1)
faulty or.defective design, (2) faulty or defective construction, (3) unsettled liens and
encumbrances, and (4) tort claims.
10.4 Operation and Maintenance of On -Site Facilities. Upon the
County's approval of the construction of the on-site facilities, Owner shall operate and
maintain said facilities in accordance with all applicable governmental requirements.
10.5 Billing and Payment The Owner shall pay the County for all charges
for water service at rates established by the County in accordance with County policies.
Section 11. Notices. Any notices required or allowed under this Letter Agreement
shall be given by certified mail, return receipt requested, at the respective addresses shown
N.
below, or at such address as the party shall have specified by written notice to the other
delivered in accordance herewith, postage prepaid.
To the County: Utilities Director
Orange County Utilities
109 E. Church Street
Orlando, FL 32801
To the City: City Engineer
City of Ocoee
160 Lakeshore Drive
Ocoee, FL 34761
To Owner: Dean Sant, President
West Oaks Square, Inc.
903 Emmett Street
Kissimmee, FL 34741
Section 12. The Water Agreement and Wastewater Agreement shall remain in full
force and effect.
Section 13. No Third Party Beneficiaries. This Agreement is solely for the benefit
of the formal parties hereto and no right or cause of action shall accrue upon or by reason
hereof, to or for the benefit of any third party not a formal party hereto.
Section 14. Land Use Approvals. This Agreement shall not be construed as
granting or assuring or indicating any future grant of -any land use, zoning, subdivision,
density or development approvals, permissions or rights with respect to the Property nor
provide 'any assurance the Property will be developed or that the County actually will
purchase any amount of water and/or wastewater capacity or water and/or wastewater `
service from the City.
Section 15. This Agreement shall be recorded in the Public Records of Orange
County, and shall be binding on the successors and assigns of the parties hereto.
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IN WITNESS WHEREOF, the County and the City have executed this Letter
Agreement as of the date and year first above written.
ORANGE COUNTY, FLORIDA
By: Board of County Commissioners
County Chairman
Date:
ATTEST: Martha 0. Haynie, County
Comptroller As Clerk to the Board of
County Commissioners
IN
Deputy Clerk
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this day of
1997, by , as County Chairman of Orange
County, Florida.
Signature of Notary Public
(Print Notary Name)
My Commission Expires:
AFFIX NOTARY STAMP Commission No.:
❑ Personally known, or
❑ Produced Identification
Type of Identification Produced
:V
ATTEST:
Jean Grafton, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND
LEGALITY this day
of .1997.
FOLEY & LARDNER
2
City Attorney
9
CITY OF OCOEE, FLORIDA
S. Scott Vandergrift, Mayor
Date:
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING
HELD ON , 199_
UNDER AGENDA ITEM NO.
WITNESSES:
-, I�
. Uff50-IRS
-IRSit
By: ect
Print e: c7-k1gn/ icy<c2S
STATE OF FLORIDA
COUNTY- OF ORANGE
WEST OAKS SQUARE, INC., a Florida
corporation
By:
Dean Sanf,:resident/Secretary
[CORPORATE SEAL]
The foregoing instrument was acknowledged before me this 29th day of October,
1997, by Dean Sant, as President of WEST OAKS SQUARE, INC., a Florida corporation.
DEENAJACOBS
Notary Public, State of Florida
My comm, expires Sept. 16, 2mi
No. CC674566
Bonded thru Ashton Agency, Inc.
AFFIX NOTARY STAMP
F:\USR\AYURKO\SANT\WHLS-WW6.AGR
10
Signature of Notary Public
�DeenQ- ' cCL -obS
(Print Notary Name)
My Commission Expires: q ( lS 0)
Commission No.:
❑ Personally known, or
Produced Identification
Typp-,of Identification Produced
FXHXMZT JL
LEGAL D&SCRIPTION:
That part of the following described property lying East of
Citrus Oaks Avenue. as described in Official Records Book 3517,
Page 2126 Public Records Orange County, Florida:
Tract 2, ORLANDO GROVES ASSOCIATION, LME LOTTA GROVES, as re-
corded in Plat Book x, Page 52, of the -Public Records of Orange
County, Florida, Less the South 741.29 feet thereof, and also,
Less the State Road .50 Right -of -Way, lying in Saction 28,
TGanship 22 South, Range 28 East, and
Also Less the following tract -of land for the East-West Ex-
pressway (Right -of -Way):
A portion. of the Northeast 1/4 of the Northwest 1/4 of Section
28, Township 22 South, Range 28 East, Orange County, Florida;
Also being a portion of Tract 2, ORLANDO GROVES ASSOCIATION, LAKE
LOTTA GROVgg, as recorded in Plat Hook E, Page 52, of the Public
Records of Orange County, Florida, being more .particularly
described as follows:
Commence at the Northeast corner of the Northwest 1/4 of Section
29, Township 22 south, Range 28 East, Orange County, Florida_;
thence run South 00-19'50" East, a distance of 82.22 feet to a
Point on the Southerly Right -of -Way line of State Road 50; thence
run Soy.th 89-4810on west, along said Right -of -Way line, a dis-
tance of 234.03 feet to the point of beginning; thence departing
said Right-of-way line run, South 45035112" West, a distance of
50.19 feet to a point on the Easterly Right -of -Way line of Citrus
Oaks Avenue (private Street); thence North 0o-12'00', West, along
said Easterly Right -of -Way line, a distance of 35.00 feet to the
said Southerly Right -of -Way line of State Road 50; thence North
89,148100" East along said Southerly Rlght-of-Way line, a distance
of 35.97.feet to the point of beginning.
Together With non-exclusive Rights of Ingress and Egress as set
forth in that certain non-exclusive easement as described in Of-
ficial -Records Book 3534, Page 307, Public Records of Orange
County, Florida.
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CITY OF O EE UTILITY' SERVICE AREA
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LOCATION PLAN FOR UTILITY SERVICE
Exhibit '.B" — Connection Poini