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Home My WebLink AboutItem III (C) Approval and Authorization for Mayor and City Clerk to execute Water Service Agreement and Sewer Service Agreement, both dated June 7, 1994, with Opus South Corporation AGENDA 11-15-94 "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" Item III C 61/4Ai 10 COMMISSIONERS OF OCOEE RON 00. 150 N.LAKESHORE DRIVE PAUL W.FOSTER OCOEE FLORIDA 34761-2258 VERN COMBS (407) 22 JIM GLEASON Of GO09 CITY MANAGER ELLIS SHAPIRO MEMORANDUM DATE: November 7, 1994 TO: The Honorable Mayor and Board of City Commissioners FROM: Montye E. Beamer, Director . 701 , Administrative Services SUBJECT: Opus South Corporation - Water Service Agreement dated June 7, 1994 and Sewer Service Agreement dated June 7, 1994 Except for Out Parcel A, Opus South Corporation purchased Parcel F Phase 1 of the Plantation Grove commercial tract. From the City they purchased the necessary water and service capacities. Presently Opus is working with Barnett Bank (Tampa) to secure a loan with this commercial property as collateral; the bank has requested that the attached Sewer and Water Recognition Agreement be executed. Simply stated, this agreement provides the bank with comfort that the water and sewer service agreements as executed in June 7, 1994 and recorded are the only such agreements for this property; there remain no vestiges of the prior owner's water or sewer service agreements. The City Attorney has reviewed. Two changes were required: (1) the execution page to conform to the City's standard and (2) Exhibit "A" to include an "also known as" for consistency with the June 7, 1994 agreements. These changes as well as the signatures by Opus are forthcoming. Action Requested The Mayor and Board of City Commissioners (1) approve the Sewer and Water Recognition Agreement with Opus South Corporation and (2) authorize the Mayor and City Clerk to execute. MEB/jbw Y SENT BY:Xerox TeIecopier 7020 ;11— 8-94 ; 4:26PM ; 81322129004 407 656 7835;# 2 This instrument was prepared by and should be returned to: Thomas N. Henderson, III, of Hill, Ward & Henderson, P.A. Barnett Plaza, Suite 3700 101 East Kennedy Boulevard Tampa, Florida 33602 Al. ' to A V5n ' I . 011V • i RE kdi ►il THIS SEWER AND WATER RECOGNITION AGREEMENT (the "Agreement") is made and entered into to be effective as of the 25th day of October, 1994, by and between the CITY OF OCOEE, a Florida municipal corporation (the "City"), and OPUS SOUTH CORPORATION, a Florida corporation ("Opus"), WITNESSET $ : WHEREAS, the City entered into that certain Developer's Agreement for Sewer Service with Maguire Road Corp., dated November 18, 1988, and recorded in Official Record Book 4060, at Page 2021, as amended by Amended and Restated Sewer Service Agreement dated January 4, 1994, and recorded in Official Record Book 4682, at Page 986, all in the Public Records of Orange County, Florida (collectively, the "Initial Sewer Agreement") relative to providing sewer service to certain lands in Orange County, Florida, a portion of which is described on Exhibi .A attached hereto and made a part hereof as if fully set forth herein (the "Proper'"); and WHEREAS, the City entered into that certain Developer's Agreement for Water Service with Maguire Road Corp, dated November 18, 1988, and recorded in Official Record Book 4060, at Page 2054, as amended by First Amendment to Developer's Agreement dated January 23, 1989, and recorded in Official Record Book 4060, at Page 2015, and further amended by Amended and Restated Water Service Agreement dated January 4, 1994, and recorded in Official Record Book 4682, at Page 960, all in the Public Records of Orange County, Florida (collectively,the "Initial Water Agreement") relative to providing water service to the Property; and WHEREAS, Opus has succeeded to the rights of Maguire Road Corp. in and to the Property and is the present owner of the Property; and WHEREAS, the City and Opus heretofore entered into that certain Developer's Agreement for Sewer Service dated June 7, 1994, and recorded in Official Record Book 4754, SENT BY:Xerox Telecopier 7020 ;11— 8-94 ; 4:27PM ; 8132212900-' 407 656 7835;# 3 at Page 3629, of the Public Records of Orange County, Florida (the "Sewer Service Agreement"); and WHEREAS, the City and Opus heretofore entered into that certain Developer's Agreement for Water Service dated June 7, 1994, and recorded in Official Record Book 4754, at Page 3608,' of the Public Records of Orange County, Florida (the "Water Service Agreement"); and WHEREAS, it was and is the intent of the City and Opus to supercede the Initial Sewer Agreement as it relates to the Property by virtue of the Sewer Service Agreement; and WHEREAS, it was and is the intent of the City and Opus to supercede the Initial Water Agreement as it relates to the Property by virtue of the Water Service Agreement. NOW, THEREFORE, in consideration of the sum of Ten and no/100ths Dollars($10.00) and other good and valuable considerations, the receipt and sufficiency of which is hereby acknowledged, the City and Opus hereby state as follows: 1. The Initial Sewer Agreement was superseded in all respects as it relates to the Property by the terms and conditions of the Sewer Service Agreement, and the Initial Sewer Agreement is no longer a burden or encumbrance upon the Property. 2. The Initial Water Agreement was superseded in all respects as it relates to the Property by the terms and conditions of the Water Service Agreement, and the Initial Water Agreement is no longer a burden or encumbrance upon the Property. IN WITNESS WHEREOF, the City and Opus have hereunto caused these presents to be executed effective the day and year first above written. Signed, sealed and delivered in the presence of: CITY OF OCOEE, a Florida municipal corporation By: Name: _ S. Scott Vandergrift, Mayor (Type or Print Name) Name: Attest; - (Type or Print Name) Jean Grafton, City Clerk (SEAL) (Signature Lines Continued On Next Page) - 2 - I 1 SENT BY:Xerox Telecopier 7020 ;11— 8-94 4:27PM ; 8132212900-0 407 656 7835;# 4 FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY this day of November, 1994. FOLEY & LARDNER APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON , 1994 By: UNDER AGENDA ITEM NO. _ City Attorney OPUS SOUTH CORPORATION sy; Name: Neil J. Rauenhorst (Type, Stamp, or Print Name) President Name: (CORPORATE SEAL) (Type or Print Name) (Notary on Next Page) - 3 - 1 SENT BY:Xerox Telecopier 7020 ;11— 8-94 ; 4:28PM ; 8132212900-► 407 658 7835;# 5 STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day,before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements,personally appeared S. SCOTT VANDERGRIFT and JEAN GRAFTON, personally known to me to be the Mayor and City Clerk, respectively, of the CITY OF OCOEE, a Florida municipal corporation, and that they severally acknowledged executing the same on behalf of said municipality in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said municipality. WITNESS my hand and official seal in the County and State last aforesaid this day of November, 1994. Signature of Notary Public Name of Notary commleeim Number(if oat le{ibte an sal): D(y CpGynUeian Expires(if nes 1gible w sob: STATE OF FLORIDA COUNTY OF HILLSBOROUGH The foregoing instrument was acknowledged before me this 8th day of November, 1994, by Neil J. Rauenhorst, as President of OPUS SOUTH CORPORATION, a Florida corporation, on behalf of the corporation. He is personally known to me. Notary Public (Print, Type or Stamp Name) My Commission Expires: - 4 - _