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HomeMy WebLinkAboutItem III (F) - Approval and Authorization to Execute Good Homes Plaza Lift Station Easement Agreement AGENDA 4-16-91 Item III F • .• _ _ 0 Ark yJAL a '• os * �F 0000v� CITY ENG Nor ,` JamW.TSIhutP.E. INEERes /UTILITIES DIRECTOR 150 N. LAKESHORE DRIVE OCOEE, FLORIDA 34761 (407)656-2322 MEMORANDUM DATE: March 22, 1991 TO: The Honorable Mayor and Board of City Commissioners FROM: James W. Shira, P.E. City Engineer/Utiliti s Director RE: Good Homes Plaza Lift Station Easement Agreement The purpose of this Agreement is to provide a mechanism for upgrading the Good Homes Plaza Lift Station if and when required, utilizing developer funds rather than City funds. Sections 6 and 6. 1 of the Agreement on Page 4 describe the concerns and conditions which prompted this Agreement, and describe the corrective measures to be taken if such measures were deemed necessary by the City. I recommend that the City Commission authorize the Mayor and City Clerk to execute this Agreement, after which it will be recorded in the Public Records of Orange County. JWS/jbw Attachments THE PRIDE OF WEST ORANGE FOLEY & LARDNER I 1 I NORTH ORANGE AVENUE, SUITE 1800 ORLANDO, FLORIDA 32801-2386 TELEPHONE (407) 423-7656 FACSIMILE (407) 648-1743 TAMPA, FLORIDA MAILING ADDRESS: MILWAUKEE, WISCONSIN JACKSONVILLE, FLORIDA POST OFFICE BOX 2193 MADISON, WISCONSIN TALLAHASSEE, FLORIDA ORLANDO, FL 32802-2193 WASHINGTON, D.C. WEST PALM BEACH, FLORIDA • ALEXANDRIA, VIRGINIA ANNAPOLIS, MARYLAND CHICAGO, ILLINOIS MEMORANDUM TO: Ms . Jean Grafton, City Clerk FROM: R. Duke Woodson DATE: March 20 , 1991 RE: Sewage Pumping Station Easement Agreement Enclosed are four ORIGINAL executed copies of the Sewage Pumping Station Easement Agreement. This is the document which disappeared on two prior occasions so there is obviously some hex involved. Please treat them with utmost care. After the document has been executed by the City please return three origi- nals to Barry S. Goodman, BML Investments , 890 S.R. 434 North, • Altamonte Springs, FL 32714 . If you have any questions please give me a call. /jh Enclosures cc: Mr. James Shira, City Engineer (w/encl ) l • • SEWAGE PUMPING STATION EASEMENT AGREEMENT This Agreement is made and entered into this 8th day of March, 1991, by and between (1) GOOD HOMES PLAZA, INC. , a Florida corporation (hereafter "BUYER") , (2) BARRY S. GOODMAN and MICHAEL A. GOODMAN, individuals (hereafter the "GOODMANS") , (3) JEFFREY YEAGER, TRUSTEE, (hereafter "YEAGER") , and (4) the CITY OF OCOEE, FLORIDA, a municipal corporation created under the laws of the State of Florida (hereafter "CITY") . RECITALS: • 1. The BUYER owns certain property more specifically • described in the legal description attached to and incorporated in this Agreement as Exhibit "A". • 2. The GOODMANS own certain property described in the legal description attached to and incorporated in this Agreement as Exhibit "B" . 3. YEAGER owns certain property as set forth in the legal description attached to and incorporated in this Agreement as Exhibit "C". 4. The GOODMANS and YEAGER have previously purchased sewer service capacity from the CITY pursuant to applicable CITY ordinances and rules and separate Developer's Agreements and at the closing of the property described in Exhibit "A" YEAGER transferred • some of this capacity to the BUYER. 5. The BUYER is constructing a sewage pumping station ("LIFT STATION") on a portion of the lands described in Exhibit "A" hereof • to enable itself, YEAGER and GOODMANS to utilize the sewer service capacity purchased from the CITY. 6, The GOODMANS and YEAGER and the BUYER are sharing in the costs and allocating the hydraulic pumping capacity of the LIFT STATION as set forth below. 7. The CITY intends to accept the LIFT STATION upon completion, and shall thereafter operate and maintain the LIFT STATION as a part of its wastewater system. 1 U { 8. The parties agree, represent, and warrant that they have the power and authority to bind themselves and enter into this Agreement. ACCORDINGLY, in consideration of the above recitals, and other good and valuable consideration the receipt and sufficiency of which is hereby 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. Construction of LIFT STATION. The BUYER agrees • to -dosage•, permit, and construct at its expense the LIFT STATION described in Exhibit "D" hereof attached to and incorporated in this Agreement to provide hydraulic transmission' capacity so that • the BUYER and the GOODMANS and YEAGER may utilize the sewer service capacity previously purchased from the CITY. The BUYER has prepared a legal description of the LIFT STATION site and any appurtenant easement(s) so that an easement for the site may be conveyed for acceptance by the CITY upon acceptance of the LIFT STATION by the CITY. Said legal description is attached hereto and incorporated herein as part of Exhibit "D". Said easement shall recognize at a minimum, the rights of the BUYER, the GOODMANS and • YEAGER as set forth in Section 4 hereof. Section 3. Payment of Construction Costs of the LIFT STATION. Upon acceptance of the LIFT S'TAT1ON by the CITY, the BUYER shall send written notice to the GOODMANS and YEAGER informing them of said acceptance. The GOODMANS have, subject to the terms of another written agreement between BUYER and GOODMANS, paid $10,081.00 of said costs to the BUYER as the GOODMANS' total share of the construction cost of LIFT STATION. The BUYER • acknowledges and agrees that, while YEAGER's share of construction costs are 13.73% of the total construction costs, YEAGER is not obligated nor will he have to pay said costs in consideration of the return of a credit due to increased impact fees given to the BUYER by YEAGER at the closing of the property described in Exhibit "A". Therefore, the BUYER's share of the construction costs shall 2 ,f(4 be the total cost less the GOODMANS' contribution as stated hereinabove. As the term is used herein, construction costs include the costs of desi x, permitting, and construction of LIFT S STATION. Section 4. Allocation of Hydraulic Transmission Capacity. The parties to this Agreement hereby agree to the following allocation of all hydraulic transmission capacity of the LIFT STATION: (1) The BUYER is entitled to 59.5% of all said hydraulic transmission capacity, . (2) The GOODMANS are entitled to 26.77% of all said hydraulic transmission capacity, and (3) YEAGER is entitled to 13.73% of all said hydraulic transmission capacity. The rights to the allocations of hydraulic transmission capacity of the LIFT STATION shall be specifically enforceable rights running to the benefit of the BUYER, GOODMANS and YEAGER, their respective heirs, successors, and assigns, and shall run with the land respectively owned by the BUYER, GOODMANS and YEAGER. The CITY shall have no responsibility to enforce the aforementioned rights. Upon acceptance of the LIFT STATION by the CITY, no additional fees or charges other than those set forth in the individual Developer's Agreements between the BUYER, GOODMANS and YEAGER and the CITY may be charged to or required of the BUYER, GOODMANS, or YEAGER as a condition precedent to the use of their respective allocations of hydraulic transmission capacity in the LIFT STATION. Section 5. Acceptance, Operation and Maintenance of LIFT STATION. Upon completion of construction of the LIFT STATION by the BUYER, and subject to the terms of any existing Developer's Agreements and Chapter 22 of the Ocoee Code of Ordinances, the CITY shall accept ownership and responsibility of the LIFT STATION as a part of CITY's wastewater system. Upon acceptance of ownership , of the LIFT STATION by the CITY, the CITY shall assume responsibility for the operation and maintenance of the LIFT 3 STATION so that the BUYER, GOODMANS and YEAGER may utilize the sewer service capacity previously purchased from the CITY. Upon acceptance of ownership and assumption of the responsibility for the operation and maintenance of the LIFT STATION, all customers flowing into the LIFT STATION shall be deemed customers of the CITY's wastewater system, and the CITY shall set and collect all sewer rates, fees, charges and deposits for those customers, without exception, in accordance with the CITY's rate resolutions and ordinances. Section 6. Funds for replacing LIFT STATION pumps. The CITY is concerned that, in the future, the LIFT STATION will be unable to overcome the "head" pressure in the existing twelve-inch diameter sewage force main lying along the north side of State Road 50. This problem would not be caused because of design deficiencies in the LIFT STATION; rather, it would be caused by later connection of numerous other users to the existing twelve- inch diameter sewage force main prior to the construction of a major repump station ("REPUMP STATION") on or near the Lake Lotta Planned Unit Development. Should the aforementioned problem occur, and REPUMP STATION has not been constructed or will not be constructed within a reasonable time period as determined by the CITY, then the CITY will need to increase the size of the pumps in the LIFT STATION. To assure the CITY that adequate funds are available to increase the size of the pumps, the GOODMANS and BUYER agree as follows: 6.1. At such time as the CITY reasonably determines that the existing LIFT STATION is experiencing, or will soon experience, operational difficulties due to increased "head" pressure in the existing 12" diameter sewage force main, and that the REPUMP STATION will not be built within a reasonable amount of time, the BUYER and GOODMANS, upon written notice from the CITY, shall cause the existing pumps to be replaced with pumps sufficient •• to overcome the aforementioned "head" pressure and pay the full cost ("NEW PUMPS' COSTS") thereof. This shall be done in a diligent and timely manner. The BUYER shall pay seventy-three and 4 23/100 percent (73.23%) and GOODMANS shall pay twenty-six and 77/100 percent (26.77%) of NEW PUMPS' COSTS. In the event BUYER and GOODMANS do not complete the replacement of the existing pumps in a reasonable and timely manner as specified hereinabove, then the CITY may have pumps replaced and demand payment for NEW PUMPS' COSTS. In the event BUYER and GOODMANS do not reimburse the CITY for NEW PUMPS' COSTS, within fifteen (15) days of written request for such, it is hereby agreed that CITY shall have the right to place a lien on BUYER'S and/or GOODMANS' property as described in Exhibits "A" and "B" herein respectively, for their respective share of NEW PUMPS' COSTS. Subject to the provisions of Section • 6.2 hereof the provisions of this section 6.1 shall be considered concurrant running with the land described in Exhibits "A" and "B" attached hereto. 6.2. The CITY shall record a document releasing BUYER • and GOODMANS from all of the provisions of Section 6 of this agreement on April 30, 1995 or prior to that date with the consent of all parties hereto, or their successor or assigns. 6.3. Notwithstanding anything herein to the contrary, BUYER'S and GOODMANS' obligations under this section 6 shall not be for repairs, replacements of all or any portion of the LIFT STATION, or replacement of pumps due to any other reason than that stated hereinabove. Section 7. Notices; Proper Form. Any notices or other communications which may be required or desired to be given under the terms of this Agreement shall be in writing and shall be deemed to have been duly given if personally delivered, or if sent by overnight courier (e.g., Federal Express) , or if mailed by United States Certified Mail, Return Receipt Requested, Postage Prepaid, addressed to the respective party at the addresses set forth below: If to BUYER: Good Homes Plaza, Inc. 4014 Gunn Highway, Suite 260 Tampa, FL 33624 Attention: Allen Goins If to the GOODMANS: Barry S. Goodman 890 State Road 434 North 5 ���V If to the GOODMANS: Barry S. Goodman 890 State Road 434 North Altamonte Springs, FL 32714 If to YEAGER: Jeff Yeager, Trustee 890 State Road 434 North Altamonte Springs, FL 32714 if to the CITY: City of Ocoee 150 Lakeshore Drive Ocoee, FL 32761 Attention: Ellis Shapiro, City Manager With a Copy To: Foley and Lardner 111 North Orange Avenue Orlando, FL 32801 Attention: Duke Woodson Any notice so given, delivered or made by mail shall be deemed to have been duly given, delivered or made two (2) days after the date the same is deposited in the United States Mail in the manner specified above. Any notice delivered by overnight courier shall be deemed to have been duly given, delivered or made on the first day following the date the same is delivered to the overnight courier as established by the receded bill of lading. Any notice which is given, delivered or made by any manner other than U.S. Certified Mail or by overnight courier shall be deemed to have been duly given, delivered or made upon actual receipt of the same by the party to whom the same is to be given, delivered or made. Any party may change the address to which notices are to be sent to • such party by written notice to the other party specifying said change of address. Section 8. Recordation. The parties agree that an executed copy of this Agreement shall be recorded at BUYER'S, GOODMANS' and YEAGER'S expense in the Public Records of Orange County, Florida. Section 9. Severability. If any part of this Agreement is found invalid or unenforceable by any court, such invalidity or unenforceability shall not affect the other parts of the Agreement if the rights and obligations of the parties contained therein are • not materially prejudice and if the intentions of the parties can 6 fi continue to be effected. To that end, this Agreement is declared severable. Section 10. Applicable Law. This Agreement and the provisions contained herein shall be construed, controlled, and interpreted according to the laws of the State of Florida. Section 11. Interpretation of Agreement. The fact that one of the parties to this Agreement may be deemed to have drafted or structured any provision of this Agreement shall not be considered in construing or interpreting any particular provision of this Agreement either in favor of or against such party. Section 12. Entire Agreement. This Agreement (and all Exhibits thereto) constitutes the entire understanding and agreement between the parties hereto with respect to the subject matter hereof. Section 13. Amendments. No modification or amendment of this Agreement shall be valid and binding upon the parties unless in writing and executed by the parties to be bound thereby. IN WITNESS WHEREOF, the parties have executed and delivered this instrument on the date indicated below. Signed, sealed and delivered "BUYER" in the presence of: GOOD HOMES PLAZA, INC , a - • Florida c rporatio By: /� �ll , � (CORPORATE SEAL) Signed, sealed and delivered in the presence of: "GOODMANS" BARRY S. : 1MAN and MICHAEL A. GOODM � (,I7 l — individuals lea _ b fl�i By: .�� )-2 _✓J Barr S7 Goodman By: of, „ �j _ Michael A. Goodman I 7 Signed, sealed and delivered in the presence of: "YEAGER" re' Ye. er, Trus BY: ALAI • I', "CITY" CITY OF OCOEE, FLORIDA, a municipal corporation created under the laws of the State of Florida By: Attest Lester Dabbs, Mayor F.ow sad Mance a.d by Ma Cp.t Oc..a. ApFSlI ..1 W,miltspdas oda VA 1oici or S a— • .y k*b. - STATE OF FLORIDA COUNTY OF H;(156ortLtc LJ • The foregoing instrument wascIknow dged before me this 8th day of March, 1991, by ��LAv� , 6/11.. the �/i('t Fre61th.117t of GOOD HOMES PLAZA, INC. , a Florida • corporation. O Notary Pu 'c My Commission Expires: NOTARY PUBLIC;STATE OF FLORIDA AT 4•;:= MY COMMISSION LXPRLS OCTOBER 31,I:91 STATE OF FLORIDA ) DL311O:J MALI AGENT'S NOTAaY COUNTY OF;�c mLvIJt — ) The foregoing instrument was acknowledged before me this 8th day of March, 1991, by BARRY S. GOODMAN, individually. : �lu Notary Public My Commission Expires: Jona Nolary public-Slat:of Flcrid� STATE OF FLORIDA ) IAycomrniscion Expirc;:Feb.15,1905 COUNTY OF c n- nJ(e ) The foregoing instrument was acknowledged before me this 8th day of March, 1991, by MICHAEL A. GOODMAN, individually. Notary Publi My Commission Expires: •8 STATE OF FLORIDA COUNTY OF mtnc%-e_ ) The foregoing instrument was acknowledged before me this 8th day of March, 1991, by JEFF YEAGER, Trustee. Notary Public UJ My Commission Expires: Joanne Hughey STATE OF FLORIDA ) Notary Public-State of Florida • COUNTY OF ) My Commission Expires:Feb.15.1995 • The foregoing instrument was acknowledged before me this 8th day of March, 1991, by the of CITY OF OCOEE, FLORIDA, municipal corporation created under the laws of the State of Florida. Notary Public My Commission Expires: i • • 9 EXHIBIT NAN GOOD HOMES PLAZA, INC. PROPERTY The South 1/2 of Lots 41 and 42, less the North 270 feet and all of Lots 43 and 44, Rose Hill Groves, according to the plat thereof as recorded in Plat Book H, Page 146, less road right of ways, Public Records of Orange County, Florida AND The North 270.00 feet of the South 1/2 of the West 241.995 feet of Lot 42, Rose Hill Groves, as recorded in Plat Book H, Page 146, of the Public Records of Orange County, Florida • • • • • 10 EXHIBIT "B" GOODMAN PROPERTY Lot 4 of a REPLAT OF LOTS 3, 4, 5, 6, 11, 12, 13, 14, 19, and 20, of LAKEVIEW HEIGHTS, according to plat thereof recorded in Plat Book "E", Page 73, Public Records of Orange County, Florida, subject to right of way of State Road 50 along the North side • thereof. • 114, ` ). EXHIBIT °C' YEAGER PROPERTY The North 270.00 feet of the South 1/2 of Lots 41 and 42, less the West 241.995 feet of Lot 42, Rose Hill Groves, as recorded in Plat Book H, Page 146, of the Public Records of Orange County, Florida. • • • • iY i.r t.i 9F 12 /0 .i 2 EXHIBIT "D" Page 1 of 2 LIFT STATION and EASEMENT DESCRIPTION LIFT STATION A 40.0' square tract as drawn and described as Tract A "Lift Station" on "Good Homes Plaza, A Replat" as recorded in Plat Book 27, Page 107 of the Public Records of Orange County, Florida. z ' • EASEMENT That certain easement, running North from SR 50 to Tract A as shown on "Good Homes Plaza, A Replat" as recorded in Plat Book •27, Page • 107 of the Public Records of Orange County, Florida. AND EASEMENT #1 Commencing at the Southwest corner of Lot 1, GOOD HOMES PLAZA, A REPLAT as recorded in Plat Book 27, Page 107 of the Public Records of Orange County, Florida; thence run S90°E 104.31 feet along the south line of said Lot 1 to a point on the west line of a 20 foot easement per the aforesaid plat, said point being the Point of Beginning; � thence run N 20°52'32"W 72.82 feet to a point on the west line of the aforesaid easement, thence run along said west line the following two courses: run S51°10'03"E 33.31 feet; thence run S00°W 47.15 feet to the Point of • Beginning. • • Ott 13 ,`f EXHIBIT "D" Page 2 of 2 • • LIFT STATION DESCRIPTION Reinforced concrete wet-well station 8' inside diameter, 18' deep, with 5 ft x 8ft x 3ft concrete valve vault outside station. Pumps • are two submersible l0hp units, each capable of pumping at a rate of 115 gallons per minute under worst anticipated conditions. Station controls include remote relay signalization to City • monitoring center. Sewage Flow Allocation - • BUYER'S tract - 28,175 GPD 59.50% YEAGER'S tract - 6,510 GPD 13.73% • • GOODMANS' tract - 12,675 GPD 26.77% Total Sanitation Flow = 47,360 GPD • Pump design for peak flow = 115 GPM • (Using a peaking factor of 3.5) • Note: If the planned repump station along Clark Road is developed, then this station capacity almost doubles to 200 gpm. Also, some • increase in flows are allowable on the north tract if the usage becomes residential since the peaks are not coincident with commercial use. • • • • 14 '9,(