HomeMy WebLinkAboutVII(A) Approval of Agreement with Orange County Regarding Wastewater AGENDA 7/05/88
ITEM VII A
THOMAS R. ISON TELEPHONE (407) 656-2322 (IC!)
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MAYOR•COMMISSIONER CITY OF OCOEE `�I oCOMMISSIONERS 150 N.LAKESHORE DRIVE RUSTY JOHNSON
OCOEE,FLORIDA 32761 w coon
LESTER DABBS, JR. fid' c*°w,�
JOHN BATEMAN
VARD J. HAGER bee 1
rENDRAND M
CITY MANAGER OCOEE
TEDDY C. RYAN,JR. A BICENTENNIAL COMMUNITY
DATE: JULY 01, 1988
TO: THE HONORABLE MAYOR AND BOARD OF CITY COMMISSIONERS
FROM: TED RYAN, CITY MANAGER#
SUBJECT: LETTER AGREEMENT S-1
ISSUE
Should the Honorable Mayor and Board of City Commissioners approve the Letter of
Agreement for the previously authorized wastewater connections for the Be]mere
project south of Roberson Road?
BACKGROUND
At the meeting of the Honorable Mayor and Board of City Commissioners on May 17,
1988 the City Commission approved the allocation of 400 equivalent residential
units (ERUs) of wastewater capacity (copy of the minutes attached). At this
meeting, staff was directed to review the accompanying Letter of Agreement for
resubmission and ratification by the City Commission.
DISCUSSICZT
As you will note frau the accompanying Letter of Agreement, the staff has inserted
the following items: Paragraph 3 - a reference to a similar custaner class;
Paragraph 4 - that the point of connection will be determined by the City; and
Paragraph 6 - that charges for our services will be determined by an ordinance at
a later date.
This Letter of Agreement is returned to you in this manner because of the absence
of an authorizing ordinance which is to be adopted shortly which would set fees.
Further, the absence of engineering specificity to select a point of connection
precludes selection at this time. Staff feels that this is appropriate language
and has asked the City Attorney to review the letter of agreement prior to its
execution for consistency with the Sewer Service Territorial Agreement with Orange
County.
Chi
It is respectfully recommended that the Honorable Mayor and Board of City
Commissioners approve the letter of agreement and authorize the Mayor to execute
the documents on behalf of the City.
TCR/blm
Attachments "CENTER OF GOOD LIVING— THE PRIDE OF WEST ORANGE"
THOMAS'R. !SON TELEPHONE (407) 656-2322
Ocoee
MAYOR•COMMISSIONER
=,
CITY OF OCOEE
COMMISSIONERS 150 N.LAKESHORE DRIVE
RUSTY JOHNSON
OCOEE,FLORIDA 32761 -o c000
LESTER DABBS, JR. �*•N �,
JOHN BATEMAN
VARD J. HAGER
CITY MANAGER OCOEE
TEDDY C. RYAN,JR. A BICENTENNIAL COMMUNITY
July 01, 1988
Mr. Stanley J. Keely
Orange County Director of Public Utilities
Public Utilities Division
201 South Rosalind Avenue
Orlando, Florida 32801
RE: I I'.FER AGREEMENT S-1
Dear Mr. Keely:
In accordance with Section 10, Page 10, of the Orange County/Prima Vista
Utility Company, Inc. , Sewer Service Territorial Agreement, Contract No. S-87-8,
dated June 8, 1987, (hereafter "Sewer Territorial Contract"), the Ocoee City
Culmission hereby informs you of its acceptance of your March 11, 1988 request for
the provision of wholesale wastewater (sewer) service to the property described in
Exhibit "A" of this Letter Agreement, subject to the following conditions:
(1) Capacity Volume. The volume of wastewater service capacity to
be provided shall be up to an aggregate volume of 12,000
gallons per day, average annual basis (400 equivalent
residential units ("ERUs") at 300 gallons per day ( "GPD" ) to
be purchased frau time to time in accordance with the City of
Ocoee Wastewater Service Capacity Allocation Rules.
(2) Eligible Service Area. The capacity sold pursuant to this
letter shall be limited for use on the property described in
Exhibit "A" attached to and incorporated in this Letter
Agreement.
(3) Wastewater Capital and Connection Fees. The fees to be paid
by the County, its successors or assigns, will be set by the
City Commission pursuant to ordinance on the same basis as
other customers or property owners eligible for sewer service
from the City in a similar customer class for the cost of
providing capital facilities to product 400 ERU's of sewer
service capacity.
"CENTER OF GOOD LIVING— THE PRIDE OF WESTORANGE"
Mr. Stanley J. Keely Page Two July 01, 1988
(4) Connection to City's Sewer System. The County, its successors
or assigns shall extend facilities and physically connect to
the City's wastewater transmission facilities at the point of
connection to be determined by the City along Maguire Road.
The County, its successors or assigns shall participate in the
extension of the wastewater transmission facilities on the same
cost basis as other property owners that would use said
facilities and in accordance with the City's overall wastewater
extension policy.
(5) Tenn. After connection to the City's wastewater system, the
City will provide wholesale wastewater service to the County
so that the County may provide retail service to the owners of
the property described in Exhibit "A" hereof for so long as the
Orange County/Ocoee Sewer Territorial Contract is in effect or
for so long as said contract may be extended in accordance with
Section 7 thereof, whichever is later.
(6) Monthly Rates and Charges. The City agrees to accept, treat,
and dispose of wastewater, generated frau the property
described in Exhibit "A" hereof at a charge to be determined
by Ordinance. The charge may be adjusted by the City frau time
to time based on increased cost. The initial and any adjusted
charges shall become effective forty-five (45) days frau the
date of City Commission approval, and the County shall
thereafter pay said charge as adjusted. The County shall pay
all bills rendered in accordance with Subsection 5.6 of the
Orange County/Ocoee Sewer Territorial Contract in the manner
specified in said Subsection 5.6.
(7) Plans and Specifications. The County, its successors or
assigns shall deliver written plans and specifications for the
installation of said interconnection up to and including the
point of connection within sixty (60) days after the City's
receipt of the County's written acceptance of the Letter
Agreement.
•
Mr. Stanley J. Keely Page Three July 01, 1988
In addition to the above conditions, the City also proposes amending the Sewer
Territorial Contract by renaming it the ORANGE COUNTY/CITY OF OCOEE SEWER SERVICE
TERRITORIAL AGREEMENT.
Sincerely,
CITY OF OCOEE
By:
Thomas R. Ison, Mayor
A'1'lEST:
City Clerk
STATE OF FLORIDA
COUNTY OF ORANGE
SWORN to and subscribed freely and voluntarily for the purposes therein
expressed before me by Thanas R. Ison, Mayor of the City of Ocoee, known to me to
be the person described in and who executed the foregoing, this day of
, 1988.
WITNESS my hand and official seal in the County and State last aforesaid this
day of , 1988.
Notary Public
My Commission Expires:
TRI/blm
•
Page 8
City Commission Meeting
May 17, 1988
vote, the motion carried unanimously.
Ordinance 88-08, Planned Unit Development
Planner Wagner read the proposed ordinance by title only.
Mayor Ison opened the Public Hearing and there being no
comments, closed the hearing. Commissioner Bateman moved
to approve Ordinance 88-08, Planned Unit Development,
Commissioner Hager seconded and upon a roll call vote, the
motion carried unanimously.
RECESS: 10: 10 P.M.
CALL TO ORDER: 10:35 P.M.
Other Business
Orange County Request For Central Wastewater Service Capacity
City Manager Ryan
City Manager Ryan stated that they had a copy of his Staff
Report dated March 31, 1988 regarding the request by Orange
County for Wastewater Capacity for 400 equivalent residential
units (ERU's) for the Belmere Project located south of the
City on Maguire Road. Orange County Commissioner Vera Carter
had called City Manager Ryan and asked for their
consideration for this project. She was expressly concerned
with the environmental impact if that development used septic
tanks. The City and the County would work out a reciprocal
agreement for sewer service. City Manager Ryan explained
that staff recommended approval of the request. Commissioner
Bateman moved that the proposal be approved and Commissioner
Hager seconded. Commissioner Bateman stated that he wanted
to make one quick point. He felt that we had to take a look
at the whole picture as we also were going to need capacity
north of the city and that all of the cities in West Orange
would need to be involved, as far as wastewater capacity was
concerned, and hoped that Ocoee would move in that direction.
Commissioners Dabbs and Johnson stated that they both opposed
the motion as they felt the needs of the City of Ocoee should
be the first priority. They both stated they were in favor
of reciprocal agreements and applauded the efforts of working
with the county, but felt this was untimely. Commissioner
Hager stated that he was in favor and felt it was a good
chance to show good faith to Orange County. Mayor Ison
stated that he felt the city had to be envisionary and,
although some felt the timing might not be right, he felt
this would be a milestone for the City of Ocoee. Mayor Ison
called for the question on the motion and the vote ides as
follows: Coto*:14 toneD ohn �`:- No,. Commissioner Dusts - No,
Comn►f ' lief` Stamen - Yes, Commissioner Hager - Yes; there
being a tie vote, Mayor Ison voted Yea and the motion carried
3 to 2. City Manager Ryan explained that they had approved
8
Page 9
City Commission Meeting
May 17, 1988
the concept with the agreement and it would be brought back
to them for ratification.
COMMENTS FROM CITIZENS - None
NEW BUSINESS
Request Approval for use of Community Center for Twice per
Month - Parents Without Partners - L. Folkes
Lou Folkes, representing Parents Without Partners, asked
permission from the Commission to use the Community Center
two times per month instead of the rule that now allowed an
individual or group to use the Community Center only one time
per month. Mayor Ison stated that he had a problem with the
request and wanted to make sure that those citizens that
live outside the City were being charged the non-resident
rate. The Commissioners also expressed the same feelings and
were not in favor of approving this request.
Request for Street Name Change (Broadway) - K. Leutjen
Attorney Rosenthal read proposed resolution 88-10, title as
follows: A Resolution of the City of Ocoee, Florida changing
the name of Broadaway Drive to Broadway Drive and Providing
for an effective date. Commissioner Bateman moved to approve
Resolution 88-10, Commissioner Johnson seconded and the
motion carried unanimously. Commissioner Dabbs stated that
he was not totally comfortable in doing away with the
Broadaway name. Commissioner Bateman stated that we could
get another street named after Mr . Broadaway by talking to
some of the developers.
Request for Street Name Change (Cumberland Ave. ) - V. Snider
City Manager Ryan explained that there had been an error on
the plat when Hidden Oaks Subdivision had been platted and
Drive had been put on the plat for those lots along
Cumberland in the Hidden Oaks Subdivision instead of Avenue.
A resolution was needed in order to change the plat.
Attorney Rosenthal read proposed Resolution #88-11 by title
only as follows: A Resolution of the City of Ocoee, Florida
changing the name of Cumberland Drive to Cumberland Avenue
in the Hidden Oaks Subdvision and providing for an effective
date. Commissioner Dabbs moved to approve Resolution 88-11,
Commissioner Johnson seconded and the motion carried
unanimously.
Approval for Disposal of Surplus Property Police Dept. -
Chief Boyd
In a Staff Report, Chief Boyd had recommended disposing of
the Sub-Machine Gun and then use the monies received from the
sale to purchase additional firearms for the department.
Commissioner Dabbs moved to approve the sale of the sub-
9
Florida aid THOMAS H. LOCKER,
t " Bee Fee E o �_ Cle1 Orange County 171344 ORANGE CO. Fl.
Doc Tax $ Comp er 11s54:ZUAf1 06/10/87
Int Tax $ By
' Total
I 4K, i O Deputy erk
oR3894 PG 1363
•
ORANGE COUNTY/PRIMA VISTA UTILITY COMPANY, INC.
SEWER SERVICE TERRITORIAL AGREEMENT
CONTRACT NO. S-87— 8
•
APPROVED BY THE BOARD OF COUNTY
COMMISSIONERS AT THEIR MEETING
JUN 0 8 1987
•
i
CONTENTS 0R389 4 PGI 3 6 I
A. TEXT OF AGREEMENT
SECTION NO. TITLE PAGE
1 Recitals 2
2 Retail Service Area Allocations;
New Customers 2
3 Construction of Facilities 4
4 Alteration of Utility's Potential
Contract Territory 4
5 Utility and County's Systems
Interconnection 4
6 Default 8
7 Term of Agreement 19
8 Disclaimer of Third Party
Beneficiaries 9
4: 9 Assignments 9
10 Notice; Proper Form 10
11 Notices; Default 10
12 Severability 10
13 Land Use Approvals
14 Entire Agreement 11
15 Applicable Law 11
16 Time of the Essence 11
17 Construction of Agreement 11
B. APPENDIX OF EXHIBITS
EXHIBIT TITLE • PAGE
A Utility's Potential Contract
Territory 1
B Existing and Proposed Sewerage
Facilities 2
i
V .
9f3894 PGI365
ORANGE COUNTY/PRIMA VISTA UTILITY COMPANY, INC.
SEWER SERVICE TERRITORIAL AGREEMENT
CONTRACT NO. S-87-
THIS AGREEMENT is made and entered into this 8th day of
June, 1987, by and between ORANGE COUNTY, a political sub-
division of the State of Florida (hereafter "County" ) and PRIMA •
VISTA UTILITY COMPANY, INC. , a Florida corporation (hereafter
"Utility" ) .
RECITALS
1 . The County, by virtue of legislative authority, is
authorized and empowered to furnish sewer service to individuals
and corporations in the unincorporated areas throughout Orange
County, Florida, and pursuant to such authority presently fur-
nishes sewer service to customers within Orange County, Florida.
2. The Utility, by virtue of the Florida Public Service
Commission's (hereinafter "FPSC" ) issuance of Certificate of
Service Order No. 114-S, as amended from time to time pursuant
to Chapter 367 , Florida Statutes, is authorized and empowered to
furnish sewer service to individuals, corporations, and other
entities in certain parts of Orange County, Florida, (including
within the City of Ocoee, Florida) as described in said cer-
tificates of service.
3. Pursuant to said certificate, the Utility's tariff, and
applicable rules and regulations of the FPSC, the Utility pres-
ently furnishes sewer service to customers located in Orange
County, Florida, (including the City of Ocoee, Florida) as
described in said certificates. All such lands for which the
Utility now holds current and valid certificates of service to
furnish sewer service shall be referred to as the "Prima Vista
Service Area" .
4 . In the course of managing and operating the Prima Vista
Wastewater System, the Utility has applied for and obtained
state and local permits and approvals for a combination of
transmission, treatment, and disposal facilities ( "Sewerage
Facilities" ) on sites 1 ,2, 3,4 and 5, as conceptually depicted on
the map attached to and incorporated in this Agreement as Exhi-
bit "B" .
•
1
OR3894 PG1366
5. The County has issued or granted the following construc-
tion permits and approvals for Sewerage Facilities on Sites 4
and 5: (1 ) Orange County Wastewater Construction Permit No. DC
86-27 (12/16/86) , (2) Orange County Wastewater Construction Per-
mit No. DC 87-05 ( 3/13/87) , and (3) Special Exception in A-1
zone for Effluent Disposal Facility on Site 5 depicted in Exhib-
' it "B" (B.Z.A. Minutes of 3/7/85) .
6. The County has received Utility Facility Permit appli-
cations for Site 5, and the connecting effluent t
pipeline from Site 2 to Site 5. ransmission
7. As a condition of the permits and a
Recital No. 5 hereof, the permits to be grantedoands hesCod ntin
zoning decision approving the Lake Lotta Planned Development, th
County has required the Utility to execute a territoriaagree-
ment between the two entities.
8 . Duplication of Sewerage Facilities by the parties ;
hereto would result in needless and wasteful expenditures.
9 . It is the intent of the County and the Utility to avoid
and eliminate the circumstances giving rise to the aforesaid
duplications and resulting uneconomical operations.
(C4-*
10. In executing this Agreement, the
Utility do not intend and are not (1 ) Countyduad e
unreaso-
nable restrictions upon free compeiion, (2)acing undue or ices,
(3) unreasonably limiting the availabilityofsewergservice� or
capacity.
ACCORDINGLY, in consideration of the Recitals, agreements,
and mutual covenants contained herein, and other good and
valuable consideration the receipt and sufficiency of which are
acknowledged by the parties, the parties agree as follows:
SECTION 1 . RECITALS. The above recitals are true and
correct, and form a material part of this Agreement.
SECTION 2. RETAIL SERVICE AREA ALLOCATIONS NEW
CUSTOMERS.
2.1. Retail Service Area Allocations. Consistent
with and subject to FPSC Rules and Chapter 367, Florida Statu-
tes, the Utility shall provide or offer to provide retail sewer
service to customers located only within the Prima Vista Service
2
DR3894 PGI 367
Area, or as it may be expanded from time to time within the
boundaries described in 'Exhibit "A" attached to and incorporated
in this Agreement. The lands included within said boundaries
shall hereafter be referred to as the "Utility's Potential
Contract Territory. "
2.2. New Customers. Neither the County nor the Uti-
lity shall be obligated to provide retail sewer service to
customers other than in their respective service areas. The
Utility shall not hereafter serve or offer to serve any customer
located on lands outside of the Utility' s Potential Contract
Territory unless, on a wholesale basis, the County requests it in
writing to do so. The County shall not hereafter serve or offer
to serve any customer located within the Utility's Potential
C7
Contract Territory unless , (1 ) on a wholesale basis, the Utility
likewise requests it in writing to do so, or unless (2) a prop-
erty owner within said area requests sewer service capacity from
the County. Wholesale service shall be as described in Section
5.
2. 3 . Annexation. In the event of annexation by the
City of Ocoee of any portion of the Utility's Potential Contract
Territory this Agreement shall not be construed to prevent Ocoee
from providing service to said annexed property if permitted by
law, and the question of providing sewer service in said annexed
territory shall, if required by law, be resolved by the Utility
and the City of Ocoee.
3
083894 PG 1368
2 . 4 . Approval by City of Ocoee. Part of the Utility's
Potential Contract Territory includes .lands within the municipal •
boundary of the City of Ocoee. This agreement does not eliminate
the need for any necessary approvals by the City of Ocoee which
would allow the Utility to provide sewer service within the City
of Ocoee.
SECTION 3. CONSTRUCTION OF FACILITIES. Either party may
construct, maintain and repair gravity sewers, force mains, pump
stations and other appurtenant facilities within the other
party's service area subject to all federal, state and local ,
regulations, so long as sewer service is not offered within the
other party's service area unless requested on a temporary whole
sale basis pursuant to the terms specified herein.
SECTION 4. ALTERATION OF UTILITY'S POTENTIAL CONTRACT
TERRITORY. The size and amount of lands described in the Utili-
ty's Potential Contract Territory may be increased or decreased
only upon written consent of both parties hereto and any
necessary approvals, certificates, or amendments thereto that may
be required by any governmental agency or body having jurisdic-
tion thereof under applicable law. Nothing herein shall be
construed to permit the Utility from expanding its Potential
Contract Territory without obtaining necessary FPSC approvals.
SECTION 5. UTILITY AND COUNTY SYSTEMS INTERCONNECTION. Sub-
ject to the terms, conditions, and procedures set forth herein,
4
OR3894 PG 1369
the Utility and the County agree to permit each other to inter-
connect at appropriate points, their wastewater systems and re-
ceive service on a wholesale basis in order to better service the
customers of the connecting party's system. The terms, con
ditions, and procedures for interconnection are set forth below:
5. 1. Application for Wholesale Service. Either party
to this Agreement may apply by submitting a letter to the other
party in accordance with Section 10 hereof (1) requesting an
interconnection with the other party's system, (2) designating on
a map the point(s) of connection to the other party's system, (3)
specifying the term of connection and the capacity of wastewater
(expressed as average daily flow in gpd) requested, and (4)
designating the property(ies) to be served by such intercon-
nection(s) .
5.2. Letter Agreements. Within sixty (60) days after
the date a party receives a letter application pursuant to sub-
section 5.1 hereof, it shall indicate in writing its acceptance
or rejection of the application transmitted to the applying party
in accordance with Section 10 hereof. If accepted, the letter
agreement shall be transmitted in accordance with Section 10
hereof and shall specify or designate, as appropriate (1) the
acceptability of or an alternative to the point(s) of connection
designated in the application, (2) the size of connection and
wastewater capacity p y (expressed as average daily flow in gpd) to
be provided, (3) the proposed rate per one thousand (1000 gal. )
5
oR3894 PG 1 370
gallons, including, but not limited to customer, volume and capa-
city charges and the basis of any future rate adjustments, (4 )
the wastewater capital and connection fees, (5) an expiration •
date, if any, and (6) approximate availability date.
5.3. Acceptance of Letter Agreements. The party applying
shall signify its acceptance of any such letter agreement re-
ceived by submitting, in accordance with Section Thereof, a
letter of acceptance, along with written plans and specifications
for installation of the interconnection(s) . Said letter and ;
plans and specifications shall be submitted within sixty (60)
days of the date of receipt of a letter agreement issued pursuant
to Subsection 5.2 hereof. The plans and specifications shall be
subject to the review and approval of the party providing whole-
sale service (hereinafter "provider") , which approval is subject
to the terms herein and shall not be unreasonably withheld.
5.4. Connection Costs. The party requesting the inter-
connection(s) (hereinafter "purchaser") shall be responsible for
paying in advance the costs of physically connecting to the pro-
vider's system and the provider shall then be responsible for
making said interconnection(s) . The provider shall also provide
reasonable and necessary metering equipment and appurtenant fix-
tures for billing purposes at the expense of the purchaser.
Responsibility of service shall pass from the provider to the
purchaser at the outlet flange of the provider's meter.
5.5. Metering. Upon installation and acceptance, the
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OR 3894 PGI 37 .1
metering equipment shall remain the property of the provider, and
the provider shall be responsible for the operation, maintenance,
and replacement of the meter. The provider shall read the meter
for billing purposes. The purchaser may request an accuracy
test by the provider without charge once during any twelve (12)
month period. The purchaser may witness the test. Additional
testing may be requested by the purchaser at the provider's
established cost for such tests. Copies of the test results
will be provided to the purchaser within thirty ( 30) days of the
test. There will be no charge for tests that discover an inac-
curate meter. If an inaccurate meter is found; as defined a
deviation greater than five percent (5%) bill adjustments will be
(7. made for one-half (1/2) of the preceding period since the last
accuracy test, but in no case shall be preceding period exceed
twelve (12) months.
5.6. Wholesale Rates. Volume, new capacity, reserve
capacity and customer charges may depend upon term of contract,
size of connection, cost to serve, and other considerations.
They will be established by mutual consent before Acceptance of
Letter Agreement described in Subsection 5. 3. The provider
agrees to bill the purchaser on a monthly basis. The purchaser
agrees to make payments to the provider within thirty ( 30) days
from the date it receives any such bill from the provider. A
past due notice will be mailed to the purchaser after thirty
( 30) days; if payment has not been received after sixty (60)
7
OR3894 Pc 1372
dates from the original bill, service may be disconnected.
5.7 . Status of Customers . Upon connection to the
Purchaser's system of any customers which utilize any purchased
wholesale service hereunder, those customers shall be and remain
retail customers of the purchaser and shall pay the purchaser's
rates, fees, charges, and deposits for service.
5.8. Expiration of Letter Agreements. The parties by
mutual agreement may in writing extend the duration of any letter
agreement. The party requesting extension must send written
notice prior to expiration. Acceptance or denial will be con-
veyed within sixty (60) days of receipt of the request. Failure
of the purchaser to disconnect from the supplier's system within
sixty (60) days from the expiration shall constitute default.
5. 9 . Wastewater Moratoriums. The purchaser will
cooperate with the provider and assist with enforcement of the
compliance with regulatory requirements such as Wastewater Mora-
toriums.
SECTION 6 . DEFAULT. Should either party fail or refuse to
comply with any of its covenants or obligations hereunder, after
notice of such default is duly given by the other party as
hereinafter provided, then, notwithstanding any provision con-
tained herein to the contrary, such other party shall have the
right by reason thereof to pursue any and all remedies available
to it, in law or in equity, as required or appropriate to fully
protect its interests under this Agreement, including, but not
8
OR3894 PG 1373
limited to, the obtaining of equitable relief in the form of
mandamus or injunctive relief and the obtaining of a money award
for damages suffered by reason of such default. In connection
with any litigation arising out of this Agreement, the pre-
vailing party shall be entitled to recover all costs incurred
therein including reasonable attorneys, fees whether incurred
prior to, on the trial level or on appeal.
SECTION 7 . TERM OF AGREEMENT. The term of this Agreement
shall commence on the date of approval by the Board of County
Commissioners of Orange County, Florida, and shall continue in
effect for a period of thirty ( 30) years, and thereafter shall
automatically be extended for succeeding periods of one (1) year
(114 each except that anytime after the original thirty (30) year
1.7 term this Agreement may be cancelled by either party upon six
(6 ) months ' prior written notice to the other party.
SECTION 8. DISCLAIMER OF THIRD PARTY BENEFICIARIES. This
Agreement is solely for the benefit of the formal parties herein
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 9 . ASSIGNMENTS. The Utility shall have the right
to assign all of its rights, duties, and obligations contained
in this Agreement as a whole so long as it sends to the County
written notice of said assignment or transfer not more than
thirty ( 30) days after the effective date of said assignment or
9
oR3894 PGI374
transfer. The County shall have the right to assign or transfer
this Agreement, in whole or in part, to any properly authorized
commission, authority, or other
public agency empowered by; law
to serve the unincorporated area of Orange County.
SECTION 10. NOTICE; PROPER FORM. Any notices or demands
hereunder to the parties hereto shall be given by certified
mail, return receipt requested, at the respective addresses
shown below, or at such other address as the party shall have
specified by written notice to the other delivered in accordance
herewith, postage prepaid:
COUNTY: Orange County Director of
Public Utilities
Public Utilities Division
201 South Rosalind Avenue
Orlando, Florida 32801
�.. UTILITY
Prima Vista Utility Company 890
State Road Road 434 North
Altamonte Springs, Florida 32714
Attention: Barry Goodman
With a Copy to: Thomas A. Cloud, Esquire
Gray, Harris & Robinson, P.A.
201 East Pine Street
Suite 1200
Orlando, Florida 32801
SECTION 11 . NOTICES; DEFAULT. Each of the parties hereto
shall give the other party written notice of any defaults
hereunder and shall allow the defaulting party thirty (30) days
from the date of receipt to cure such defaults.
SECTION 12. SEVERABILITY. If any part of this Agreement is
found invalid or unenforceable by any court, such invalidity or
10
OR3894 PGI 375
unenforceability shall not affect the other parts of the
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. To that end, this
Agreement is declared severable.
SECTION 13. 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 any property or
land referred to in this Agreement.
SECTION 14 . ENTIRE AGREEMENT. This instrument constitutes
the entire agreement between the parties and supersedes all
previous discussion, understandings and agreements. Amendments
ff to and waivers of the provisions herein shall be made by the
parties in writing.
SECTION 15. APPLICABLE LAW. This Agreement and the provi-
sions contained herein shall be construed, controlled, and
interpreted according to the laws of the State of Florida.
SECTION 16 . TIME OF THE ESSENCE. Time is hereby declared
of the essence to the lawful performance of the duties and obli-
gations contained in this Agreement.
SECTION 17. CONSTRUCTION OF AGREEMENT. In construing this
Agreement, it is hereby declared by the parties to be purpose
and intent of this Agreement to eliminate and avoid the needless
and wasteful expenditures which result from unrestrained com-
•
11
oR3894 PG 1376
petition between two utilities operating in overlapping service
areas . Nothing herein contained is intended to prohibit per-
sons, corporations, or governments other than the Utility and the
County from lawfully providing sewer service within Orange
County and the Prima Vista Service Area, subject to compliance
with applicable state law. This Agreement is not intended and
shall not be construed to (1 ) place undue or unreasonable
restrictions upon free competition, (2) fix prices, ( 3) limit
the availability of sewer service capacity, (4 ) restrain trade,
or (5) in any way violate state or federal antitrust laws,
rules, and regulations. Nothing contained in this Agreement
shall be construed to divest the FPSC of its regulatory juris-
diction pursuant to Chapter 367 , Florida Statutes, and rules
promulgated thereunder. This Agreement shall constitute
compliance with and shall fulfill the requirements of Section
28-227 (5 ) and the conditions of approval imposed thereunder upon
the permits , approvals, and applications referred to in Recital
.Numbers 5,6 , and 7 hereof related to the execution of a utili-
ties agreement. Upon execution of this Agreement, the County
shall cause the permits referred to in Recital No. ' 6 to be issued
to the Utility.
IN WITNESS WHEREOF, the parties hereto have hereunder exe-
•
12
oR3894 PG 1377
• . sited4this Agreement on the date and year first above written.
Attest:. BOARD OF COUNTY COMMISSIONERS
- OF ORANGE COUNTY
L!LdIf , ( By: ��. — l
:' . ,Depu w" .C er to s' a Boar. Ch
airman, Board of
.
of County Commissioners County Commissioners
STATE OF FLORIDA )
COUNTY OF ORANGE )
SWORN to and subscribed freely and voluntarily for the pur-
poses therein expressed before me byt` Q'wa
� � l -eQ
Chairman of the Board of County Commissioners, known te to be
the person described in and who executed the foregoing, this
r'` day of (r..//147.) , 1987 .
l WITNESS my hand and official seal in the County and State
':last .aforesaid this qg- day of JE/nej , 1987.
•
ko„ ,r Notary PL ublic,,,L. 4 Lir,,iifi�-
-•
My Commission Expires:
Notary Pi fic, State of Flor:c'a
. .•. My Commission Expires June v, 11;1
• ... ' Seeded Ther hey rein•bew.c. w
Attest: PRIMA VISTA UTILITY COMPANY,
INC.
40? 4+1,1 i .
/, .i.J / 4111( By: 4/0-4L
/ '
Dr. Barry S. Goodman
Ii:. . 40.4 ,, 7"/ Title: President
(CORPORATE SEAL) //
•
13
OR 3894 PG 1378
STATE OF FLORIDA
COUNTY OF SEMINOLE
SWORN to and subscribed freely and voluntarily for the pur-
poses therein expressed before me byT)Q• BWi2y 5, a..,,,,, 04/, 'the
Mi4;6/7 --17 of the Corporation, known to me to be the per-
son described in and who executed the foregoing this 5-W day
of (YrA1/. , 1987 .
WITNESS my hand and official seal in the County and State
last aforesaid this /4 day of ('1-/41am , . •
1987 .
Notar Public
My Cc thmission Expires• .. .
Notary Public, State of: Eoi}da,:qt, Large•
FOR THE USE AND RELIANCE My Commission Expires JaRc�ery 14, 1989
OF ORANGE COUNTY ONLY. Bonded Thru Brown &••• vwh:tiinc. •
Approve. .s to form and legality. .
19
712
7,eako-
14 •
•
EXHIBIT A — UTILITY'S POTENTIAL CONTRACT TERRITORY
• ROPING 01$T10CT$
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414 r—• %
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1111•-•..•• :•. Y PRIMA VISTA tJtILiTY MPANY r,•.=1,
1111. .r:.::::.•.....••.»•
/ ORANt3U0UNTY .U.O. r r''
~ .,' ,*I7TILITY'S POTENTIAL LeQ ACP/ - • t.` •
,•
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•
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11.11.• PRIMA '+ art •
_ RANGE C Y •._
•
\• 1 POITIAL •, C r
. " • D ._:I ERR Y BDUNDA
• ''''rl '''N°• •d C� i
II 0 -it UM "' : s , •, UTIJTY•s POTENTIAL
1 •
` - i — 1 • • - 1111?1/,;i..�t7 r. ' _ O CONTRACT TERRITORY •
) �\ i :.i e i iiri %•`.' PRIMA VISTA UTILITY
..;. 1. of+
p.....in••.•» iMil=Mau.VISTA URftr CO.nANY/Oiur•Oo1 COUNT P•u•s. •�' I '• COMPANY
omens Sums env term inumt POTOMAL CPrrruCt TOMMY 111a.•pMr �� AMA.M.r IL1.11/ ORANGE COUNTY P.U.D.
PAGE- I
OR3894 Pc 137q •
•
EXHIBIT A
UTILITY'S POTENTIAL CONTRACT SERVICE AREA
The following boundary lines located within and/or by reference to
Township 22 South, Range 27 East in Orange County, Florida:
Commencing at the N.E. corner of Section 1, being the Point of Beginning;
then west 333 +/-feet to the easterly shoreline of Lake Apopka; then
running in a southwesterly direction along the existing shoreline of Lake
Apopka to a point intersecting with the west line of Section 1; then east
5278 +/- feet to a point on the east line of Section 1; then south 904.86
feet to the S.E. corner of Section 1.
From the N.E. corner of Section 12 (Being the same point as the S.E.
corner of Section 1) continue south along the east line of Section 12
approximately 900 feet to the centerline of East Crown Point Road; then
extending southerly along the centerline of East Crown Point Road through
Sections 12 and 13 to a point intersecting with the centerline of State
Road 438 in Section 13; then east 670.8 +/- feet to the east line of
Section 13; then south along the east line to the S.E. corner of Section
13.
From the N.E. corner of Section 24 (Being the same point as the S.E.
corner of Section 13) continue south along the east line of Section 24 to
the S.E. corner of the N.E. 1/4 of Section 24, being a point on the
centerline of Story Road; then south along the east section line to the
S.E. corner of Section 24, being a point on the centerline of State Road
50.
The following boundary lines located within and/or by reference to
Township 22 South. Range 28 East in Orange County, Florida:
From the N.W. corner of Section 30, (being the same point as the S.E.
corner of Section 24, Township 22 South, Range 27 East) extend south along
the west section line to the S.W. corner of the N.W. 1/4 of Section 30,
being a point on the centerline of Marshall Farms Road; then continuing
south along the west line of Sections 30 and 31; being the centerline of
Windermere Road, to the centerline intersection with Robertson Road within
Section 31.
From the centerline intersection of Windermere Road .and Robertson Road.
continue east along the centerline of Robertson Road within Section 31 to
its intersection with the centerline of Maguire Road, being a point on the
west line of Section 31; then continue north along the centerline of
Maguire Road to its intersection with the centerline of Moore Road; then
easterly along the centerline of Moore Road in Section 32 to the N.E.
corner of the N.W. 1/4 of the S.W. 1/4 of Section 32; then north 1336.82
+/- feet to the N.E. corner of the S.W. 1/4 of the N.W. 1/4 of Section 32;
then east 18.13 feet; then north 1339.77 +/- feet to the north line of
Section 32; then east 1320 +/- feet to the N.E. corner of the N.W. 1/4 of
Section 32.
.
A-1
0R3894 PG 1380
From the S.E. corner of the S.W. 1/4 of Section 29 (beipoint
the same
as the N.E. corner of the N.W. 1/4 of Section 32) continue north along the
1/4 section line 2640 4/- feet to the center point of Section 29; then
east 1320 +/- feet to the S.E. corner of the S.W. 1/4 of the N.E. 1/4 of
Section 29, being a point on the west right-of-way line of Blackwood
Avenue; then north along the west R.O.W. line of Blackwood Avenue 1310
4/- feet to the center point of the N.E. 1/4 of Section 29; then east 1320
+/- feet to the S.E. corner of the N.E. 1/4 of the N.E. 1/4 of Section 29;
then continuing east along the 1/4 1/4 section line to the S.E. corner of
the N.E. 1/4 of the N.E. 1/4 of Section 28; then north along the
centerline of Woodlawn Cemetery Road 660 +/- feet to a point being the
N.W. corner of the S.W. 1/4 of the N.W. 1/4 of Section 27; then east 20
feet to the N.W. corner of Lot 5. Lakeview Heights Subdivision as recorded
in Plat Book E-39. 40. 67 & ?3 of Orange County Records; then east 640
feet; then North of the South right-of-way of S.R. 50;• hien east to the
centerline of Good Homes Road; then north 55 feet to the S.E. corner of
S.W. 1/4 of the S.W. 1/4 of Section 22 (being the same point as the N.E.
corner of the N.W. 1/4 of the N.W. 1/4 of Section 27) continue north 907.9
feet, then west 1327.13 feet to a point on the west line of Section 22;
then north along the west line of Section 22 to the S.W. corner of Section
15; then continuing north along the west line of Section 15 a distance of
1988 feet; then east 1320 feet; then north 660 +/- feet to the N.E. corner
of the N.W. 1/4 of the S.W. 1/4 of Section 15; then east 1322.55 +/- feet
to the N.E. corner of the S.W. 1/4 of Section 15, then north along the 1/4
section line to the N.E. corner of the N.W. 1/4 of Section 15.
From the S.E. corner of the S.W. 1/4 of Section 10 (being the same point
as the N.E. corner of the N.W. 1/4 of Section 15) continue north along the
1/4 section line to the S.E. corner of the S.W. 1/4 of Section 3; then
continue north along the 1/4 section line 990 feet; then east 1290 feet
4/- feet to a point on the west right-of-way line of Apopka-Vineland Road;
then north 990 feet along the vest R.O.W. line of Apopka Vineland Road;
then west 1290 +/- feet to a point on the west line of the S.E. 1/4 of
Section 3; then continuing westerly to a point on the west line of Section
3, being 670 feet north of the S.W. corner of the N.W. 1/4 of the S.W. 1/4
of Section 3; then north along the section line 1980 +/- feet to the N.W.
corner of the S.W. 1/4 of the N.W. 1/4 of Section 32.
From the N.E. corner of the S.E. 1/4 of the N.E. 1/4 of Section 4 (being
the same point as the N.W. corner of the S.W. 1/4 of the N.W. 1/4 of
Section 3) continue west 1980 feet; then south 1320 feet to the 1/4
section line; then west along the 1/4 section line to the S.W. corner of
the N.W. 1/4 of Section 4, being a point on the centerline of
Ocoee-Clarcona Road; then north along the center of Ocoee-Clarcona Road
approximately 200 feet to the N.E. corner of the S.E. 1/4 of Section15;
then west to the N.W. corner of the S.W. i/4 of Section 5. being a point
on the centerline of West Road.
From the N.E. corner of the S.E. 1/4 of Section 6 (being the same point as
the N.W. corner of the S.W. i/4 of Section 5) continue westerly along the
centerline of West Road, and its imaginary extension, to a point on the
west line of Section 6; then north to the N.W. corner of Section 6. being
the same as the N.E. corner of Section 1. Township 22 South, Range 127
East. and the Point-of-Beginning.
A-2 oR3894 PG 138 .I
•
•
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