Loading...
HomeMy WebLinkAboutEmergency Item - License Agreement AGENDA ITEM COVER SHEET Contact Name: Contact Number: David A. Wheeler, P. E. 407 -905-3100, ext. 1504 Meeting Date: October 16, 2006 Item # E: lYlergenc";j I.~ Reviewed By: Department Director: City Manager: Subject: License Agreement for Alternative Routing of Ingram Road and Traffic Enforcement Agreement and Notice of Partial Termination of Reclaimed Water Agreement Background Summary: The McCormick Woods development is located on the southwest corner of Ingram and McCormick Roads. The development is required to rebuild Ingram Road along the eastern portion of their project. The City Commission previously approved the detouring of daily traffic through the development while that portion of Ingram Road is rebuilt. The development is not completely built at this time, is not platted to have dedicated streets, and is a gated community that would have private roads. The attached agreement will allow the public traffic to use the selected streets as a detour around the construction of Ingram Road and to allow the Ocoee Police Department to enforce the laws of the State of Florida, Orange County and the City of Ocoee as if those streets are City streets. The agreement also requires that the City maintain the streets while the public traffic uses the selected streets for travel around the construction area. The developer and his contractor will install and maintain the "base" maintenance of traffic signage, barricades and striping required and the City has the ability to enhance as required. The McCormick Woods subdivision is being developed/constructed in three phases. The third phase of the McCormick Woods development is the northern portion of the unused Orlando Memorial Gardens cemetery. In 1998, SCI Funeral Services of Florida, Inc., the owners of the Orlando Memorial Gardens, executed an agreement to take up to 155,000 gallons of reuse water per week. The portion of the cemetery was never developed nor was reuse water ever provided to this portion of the original cemetery. The Orlando Memorial Gardens is currently using in excess of 200,000 gallons per month for irrigation of the active portion of the cemetery. The developer of the McCormick Woods development (KKH, Inc.) desires to terminate the requirement to use reuse water under the original agreement and comply with the Land Development Code by installing reuse pipelines as part of their overall development and to use reuse water when available. The original agreement described the entire cemetery parcel of which KKH purchased a portion. The McCormick Woods development will use potable water for irrigation through the reuse system until such time as reuse water is available in the future. The service meter for the cemetery is located on the southern property boundary and draws reuse water through the Forest Lakes Golf Course system. Issue: Approval and Authorization to Execute the License Agreement for Alternative Routing of Ingram Road and Traffic Enforcement Agreement and Notice of Partial Termination of Reclaimed Water Agreement Recommendations The Engineering Department with the Police and Utility Departments recommends that the City Commission approve the License Agreement for Alternative Routing of Ingram Road and Traffic Enforcement Agreement and Notice of Partial Termination of Reclaimed Water Agreement and authorize the Mayor and City Clerk to execute the agreements. Attachments: 1) License Agreement for Alternative Routing of Ingram Road and Traffic Enforcement Agreement 2) Notice of Partial Termination of Reclaimed Water Agreement Financial Impact: There is no financial impact for this detour. The Police and Public Works Departments have been patrolling and maintaining the portion of Ingram Road that will be rebuilt. There activity is transferring to the detour area and away from the construction site until the road is rebuilt and then it will transfer back. Type of Item: (please mark with an "x') Public Hearing _ Ordinance First Reading _ Ordinance Second Reading Resolution _ Commission Approval Discussion & Direction For Clerk's DeDt Use: _____ Consent Agenda _____ Public Hearing _____ Regular Agenda _ Original Document/Contract Attached for Execution by City Clerk _ Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by ( ) N/A N/A N/A 2 LICENSE AGREEMENT FOR ALTERNATIVE ROUTING OF INGRAM ROAD AND TRAFFIC ENFORCEMENT AGREEMENT THIS LICENSE AGREEMENT FOR ALTERNATIVE ROUTING OF INGRAM ROAD AND TRAFFIC ENFORCEMENT AGREEMENT (this "Agreement") is made and entered into as of the _ day of September, 2006 by and between KKH, LLC, a Florida limited liability company, whosemailingaddressis3100ClayStreet.Suite 275, Orlando, Florida 32804 (hereinafter referred to as the "Licensor"), and CITY OF OCOEE, a Florida municipal corporation, whose mailing address is 150 North Lakeshore Drive, Ocoee, Florida 32761 ("Licensee" or "City"). W! T N E ~ ~ E T H: WHEREAS, Licensor is the owner of certain real property located in the City of Ocoee, Orange County, Florida as more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof ( the "Licensor Property"); and WHEREAS, pursuant to the approved Final Subdivision Plan for McCormick Woods (the "FSP"), Licensor is making certain improvements to Ingram Road which require the temporary closing thereof (the "Ingram Road Improvements"); and WHEREAS, the parties have agreed that the Licensor shall provide temporary public vehicular road access through (i) the proposed roadways located or to be located within the Licensor Property, and (ii) proposed Lots 10, 11 and 12 of the McCormick Woods Subdivision (collectively, the "Temporary Ingram Road Access Land") during such time as Ingram Road is closed due to the Ingram Road Improvements; and WHEREAS, the location of the Temporary Ingram Road Access Land within the McCormick Woods Subdivision is depicted on Exhibit "B" attached hereto and by this reference made a part hereof; and WHEREAS, subject to the terms, conditions and limitations hereinafter set forth, Licensor has agreed to allow temporary public vehicular access across the Temporary Ingram Road Access Land; and WHEREAS, Florida Statutes ~ 316.006(2)(b) authorizes the City, subject to certain provisions, to enter into an agreement with the Licensor whereby the Licensor grants unto the City traffic control jurisdiction over the Temporary Ingram Road Access Land; and WHEREAS, Florida Statutes ~ 316.640(3) authorizes the City to enable the City police department to enforce the traffic laws of the State of Florida on the Temporary Ingram Road Access Land pursuant to a written agreement under Florida Statutes ~ 316.006(2)(b); and ORLA_ 421412.2 WHEREAS, the Licensor and the City desire to have the Licensor grant unto the City traffic control jurisdiction over the Temporary Ingram Road Access Land as authorized by Florida Statutes ~ 316.006(2)(b) so that the City may enforce the traffic laws of the State of Florida on the Temporary Ingram Road Access Land. NOW, THEREFORE, in consideration of the premises, and in further consideration of the covenants and benefits flowing between the parties as set forth hereinbelow, the Licensor and Licensee, each intending to be bound, hereby agree as follows: ORLA_421412.2 1. Recitals. The above recitals are true and correct and are incorporated herein by reference. 2. License. Licensor hereby grants to Licensee a non-exclusive license to use the Temporary Ingram Road Access Land for temporary public vehicular road access through the Temporary Ingram Road Access Land and for no other purpose whatsoever (the "License"); provided, however, that during the course of construction of the Ingram Road Improvements, the City Engineer or his designee and the Licensor shall from time-to-time mutually agree on the portion of the Temporary Ingram Road Access Land to be made available for use by the public and such portion will be appropriately signed by the Licensor so as to advise the public of the alternative routing due to the temporary closure of Ingram Road. The parties hereto acknowledge that the portion of the Temporary Ingram Road Access Land made available for use by the public will vary from time to time during the course of this Agreement due to on-going construction within the McCormick Woods Subdivision. This Temporary Roadway License may be utilized by the Licensee and the general public in the same manner as a public roadway owned and maintained by the City. The parties agree that the City shall maintain the temporary Ingram Road right of way during the time it is used as a temporary public road; however, the City shall have no obligation to rebuild the road, or contribute to maintenance, repair, upgrade or refurbishment costs after the road ceases to be utilized as a temporary public road. The parties specifically agree that other than the maintenance costs during the time the road is used as a temporary public road, the City shall have no other obligation in regard to the Temporary Ingram Road Access Land. All maintenance obligations of the City, during the time the roadway is utilized as a temporary public road, shall be to maintain the roadway to the standards for subdivisions. 3. Temporary Public Road. Subject to the provisions of Paragraph 2 above, the City hereby designates the Temporary Ingram Road Access Land as a temporary public road during such time as Ingram Road is closed for the Ingram Road Improvements. 4. Traffic Control Jurisdiction. The parties agree that the City shall have traffic control jurisdiction over the Temporary Ingram Road Access Land and that officers of the City police department are authorized to enter upon the Temporary Ingram Road Access Land for the purpose of exercising this jurisdiction. Such -2- ORLA_ 421412.2 jurisdiction shall give to the City the authority to enforce the Florida Uniform Traffic Control Laws on the Temporary Ingram Road Access Land. The exercise of jurisdiction provided for herein shall be in addition to jurisdictional authority presently exercised by the City under law, and nothing in this Agreement shall be construed to limit or remove any such jurisdictional authority. 5. Traffic Enforcement. The City hereby authorizes the City police department to enforce the Florida Uniform Traffic Control Laws on the Temporary Ingram Road Access Land; provided, however, that the foregoing shall not be construed to require any minimum level of staffing or create any priority for traffic enforcement on the Temporary Ingram Road Access Land vis-a-vis public roadways or other private roads. All decisions regarding the level of traffic enforcement on the Temporary Ingram Road Access Land and staffing related thereto shall be within the sole discretion of the City police department. 6. Traffic Control Si!!ns. The Licensor hereby grants to the City the right, privilege and easement to enter upon the Temporary Ingram Road Access Land and common areas within the McCormick Woods subdivision for the purpose of installing such traffic control signs and other traffic control apparatus as the City may deem to be necessary for the enforcement of traffic laws, over and above the Licensor required installations set forth on the Maintenance of Traffic ("MOT") Plan as approved by the City, on the Temporary Ingram Road Access Land. 7. Temporarv Road Closure. The City hereby approves the temporary closure of Ingram Road for the purposes of allowing Licensor to construct the Ingram Road Improvements. The specific timing of such closure shall be determined by the City Engineer in consultation with Licensor. 8. Indemnification. Licensee shall assume all risk involved in the performance of the activities authorized herein and, to the extent permitted by law, shall indemnify, defend and hold Licensor harmless from and against all loss, liability, costs (including attorneys' fees and costs), claims, demands, damages, fines, penalties, actions, causes of action, suits and expenses arising out of, related to or caused by the Licensee or members of the general public in the exercise of any of their respective rights hereunder. Licensee shall be responsible to repair any damage to the Temporary Ingram Road Access Land arising out of the exercise by the Licensee or members of the general public of any of their respective rights under this Agreement. Further, Licensee shall hold Licensor and Temporary Ingram Road Access Land harmless from any liens arising out of Licensee's and the general public's activities thereon. The provisions of this paragraph shall survive the termination of this Agreement. 9. Joinder bv Association. At such as any portion of the Licensor Property is conveyed to McCormick Woods Homeowners' Association, Inc. (the "Association"), the Licensor shall cause the Association to execute a Joinder and -3- ORLA_421412.2 Consent to this Agreement with respect to any portion of the Licensor Property conveyed to the Association. 10. No Encumbrance of Plat Lots. Notwithstanding any provision contained herein to the contrary, upon the platting of any portion of the Licensor Property it is agreed that this Agreement shall not encumber any platted lots except for proposed Lots 10, 11 and 12. 11. Termination. This Agreement shall terminate at such time as the Ingram Roads Improvements are accepted by the City and opened as a public road, unless terminated earlier pursuant to the terms set forth herein. l2. No Recordini!. Neither this Agreement, nor any notice of it shall be placed of record in the Public Records of Orange County, Florida or in any other jurisdiction. Should this Agreement, or any notice of it, be placed of record in violation of this provision, then this Agreement may, at the option of the non- defaulting party, be declared null, void and of no legal effect. 13. Applicable Law. This Agreement and the provisions contained herein shall be liberally construed and interpreted according to the laws of the State of Florida. 14. Ai!reement; Amendment. This Agreement constitutes the entire agreement between the parties, and supersedes all previous discussions, understandings and agreements, with respect to the subject matter hereof. Amendments to and waivers of the provisions of this Agreement shall be made by the parties only in writing by formal amendment. l5. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original but all of which together shall constitute one and the same instrument. 16. Captions. Captions of the Sections and Subsections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 17. Severabilitv. If any sentence, phrase, paragraph, provision or portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereof. 18. Effective Date. The Effective Date of this Agreement shall be the date first appearing in this Agreement and shall coincide with the date the Agreement is executed by the City. -4- IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in their names, by their proper officers, representatives or agents thereunto duly authorized, as of the day and year first above written. LICENSOR: LICENSEE: CITY OF OCOEE, FLORIDA KKH, LLC By: Smart Finance, Managing Member By: S. Scott Vandergrift, Mayor By: Dwayne Hamner, President Attest: Beth Eikenberry, City Clerk (SEAL) APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON , 2006 UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. Approved as to form and legality this _____ day of , 2006. FOWLER & O'QUINN P.A. By: Special Counsel ORLA_ 421412.2 -5- EXHIBIT" A" LICENSOR PROPERTY A tract of land being a portion of Section 32, Township 21 South, Range 28 East, Orange County, Florida, being more particularly described as follows: Commence at the Southwest comer of the Northwest 1/4 of said Section 32; thence North 89019'46" East (basis of bearings) along the South line of the Northwest 1/4 for 2044.97 feet to the Point of Beginning; thence North 01006'43" East, 287.79 feet; thence North 04011'37" East, 350.00 feet; thence North 09054'10" East, 201.03 feet; thence North 08018'41" East, 306.03 feet; thence North 03028'08" East, 167.90 feet; thence North 89034'25" East, along the South right- of-way of McCormick Road and a line 30 feet South of and parallel to the North line of the Southeast 1/4 of the Northwest 1/4 of Section 32 for 477.98 feet; thence North 89032' l4" East along a line 30 feet South of and parallel to the North line of the Southwest 1/4 of the Northeast 1/4 of Section 32 for 1289.27 feet; thence South 00002'30" East along the West right-of-way of Ingram Road and a line 30 feet West of and parallel to the East line of the Southwest 1/4 of the Northeast 1/4 of Section 32 for 1297.11 feet; thence South 00021'34" East along a line 30 feet West of and parallel to the East line of the Northwest 1/4 of the Southeast 1/4 of Section 32 for 304.82 feet; thence South 89032'l4" West, 529.09 feet; thence Westerly along the arc of a tangent curve, being concave to the North, having a radius of 900.00 feet, a central angle of 30034'32", an arc distance of 480.28 feet; thence South 00027'46" East, 334.40 feet; thence South 89032'14" West, 39.02 feet; thence South 00027'46" East, 822.86 feet; thence North 88011'51" West along the South line of the Northwest 1/4 of the Southeast 1/4 of Section 32 for 269.01 feet; thence North 00007'25" West, along the West line of the Northwest 1/4 of the Southeast 1/4 of Section 32 for 1321.66 feet; thence South 89019'46" West along the South line of the Northwest 1/4 of Section 32 for 600.96 feet to the Point of Beginning. ORLA_ 421412.2 -6- EXHIBIT "B" DeDiction of TemDorarv Ineram Road Access Land ORLA_ 421412.2 -7- THIS INSTRUMENT PREPARED BY: Nicholas N. Palmer, Esq. FOLEY & LARDNER LLP III North Orange Avenue, Suite 1800 Post Office Box 2193 Orlando, FL 32802-2193 (407) 423-7656 AFTER RECORDING RETURN TO: Beth Eikenberry, City Clerk CITY OF OCOEE 150 North Lakeshore Drive Ocoee, Florida 34761 For Recording Purposes Only NOTICE OF PARTIAL TERMINATION OF RECLAIMED WATER AGREEMENT THIS NOTICE OF TERMINATION OF RECLAIMED WATER AGREEMENT (this "Termination") is made this _ day of , 2006, 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 KKH, LLC, a Florida limited liability company, (hereinafter referred to as the "Owner"), whose mailing address is 3100 Clay Avenue, Suite 275, Orlando, Florida 32804. RECITALS WHEREAS, the City and SCI Funeral Services of Florida, Inc., a Florida corporation, d/b/a Orlando Memorial Gardens ("SCI") heretofore executed that certain Reclaimed Water Agreement dated September 15, 1998 and recorded September 24, 1998 in Official Records Book 5576, Page 3669, Public Records of Orange County, Florida (the "Agreement"), pertaining to that certain property being more particularly described on Exhibit" A" attached hereto and by this reference made a part hereof (the "Original Property"); and WHEREAS, Owner is successor in title to SCI as to that portion of the Original Property more particularly described on Exhibit "B" attached hereto and by this reference made a part hereof (the "KKH Property"); and WHEREAS, the City and the Owner desire to terminate the Agreement as it relates to the KKH Property. 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. ORLA_ 401637.1 SECTION 2. PARTIAL TERMINATION. The City and the Owner hereby rescind, cancel and terminate the Agreement as it relates to the KKH Property. IN WITNESS WHEREOF, the City has caused this Termination to be duly executed as of the day and year first above written. Signed, sealed and delivered in the presence of: "CITY" CITY OF OCOEE, a Florida municipal corporation By: Signature S. Scott Vandergrift, Mayor Print/Type Name Signature Attest: Beth Eikenberry, City Clerk Print/Type Name (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY this _ day of , 2006. FOLEY & LARDNER LLP By: City Attorney APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON ,2006 UNDER AGENDA ITEM NO._. ORLA_401637.1 -2-