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HomeMy WebLinkAboutItem III (F) Approval and Affirmation of Declarations in City Manager's Letter dated November 4, 1993 to Mr. Edward O'Connor, Pan Pacific Development Company, regarding Sanitary Sewer Easement - Ocoee Plaza AGENDA 12-7-93 • r > o Item III F • P4. n o of coon` JAMES W.SHIRA,P.E. CITY ENGINEER/UTILITIES DIRECTOR 150 N.LAKESHORE DRIVE•OCOEE,FLORIDA 34761 (407)656-2322 MEMORANDUM • DATE: November 29, 1993 TO: The Honorable Mayor and Board of City Commissioners FROM: James W. Shira, P.E �/ City Engineer/Utili ies Director SUBJECT: Easement for City Hall Force Main The discharge point for the new city hall force main is a manhole to be installed within the limits of the Food Lion shopping center. We have requested that the owner of the shopping center, Pan Pacific Development Corp. , grant an easement to the city across their property for this force main. They have agreed to do so with certain conditions, which were addressed in letters written by the City Manager on October 7 and November 4, 1993 . Copies of these letters and other correspondence are attached for your information. In order to make the declarations in the City Manager's letter of November 4, 1993 binding on the city, we are asking that the City Commission approve a motion affirming those declarations. A certified copy of the minutes containing this affirmation will be provided to Pan Pacific, and they will in turn, provide the required easement document. THE PRIDE OF WEST ORANGE 6b06.44 "CEM OF GOOD LIVING-PRIDE OF WEST a. .�JGE" MAYOR•COMMISSIONFR Ocoee S.SCOTT vANDERCRIFT .e(04 7: -a- CITY OF OCOEE nRUSTY ovO a. 750 N.LAKESHORE DRIVE PAUL W.FOSTER v C OCOEE,FLORIDA 34761 c� (407)656-1322 JvERN GCOMBS :;:' Z► Ems- #rF9 v�,` ON OF GOOD QTY MANAGER ELLIS SHAPIRO November 4, 1993 Mr. Edward O'Connor Pan Pacific Development Company The Richardson Building 942 Main Street Hartford, Connecticut 06103 Re: Sanitary Sewer Easement - Ocoee Plaza Dear Mr. O'Connor: I am writing in response to Mr. Stephen L. Skipper's letter of October 27, 1993, and will address each item in turn. 1) In the event that future tenant needs require an upgrade of the existing lift station's capacity, the city agrees to pay a portion of the upgrade cost equal to 100% of the capacity used by the city. 2) The city guarantees that its work will not restrict access to the rear of the shopping center without prior agreement of the manager of the Food Lion store. If it becomes evident that we need to restrict access for a short period, we will coordinate with the store manager so as not to interfere with his delivery trucks. 3) The city will pay for the services rendered by Mr. Skipper and Mr. Sherman as detailed on the two respective invoices submitted with Mr. Skipper's October 27 letter. 4) The city's obligation as noted in item 1) above will run with the land and shall enure to the benefit of the successors and assigns of the current property owner as of the date of this letter. • Please arrange to have the easement documents delivered to my attention as quickly as possible. If you need further information, please call. Sincerely, CITY OF OCOEE Ellis Shapiro, City Manager • "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COAMISSIONER Ocoee S.SCOTT VANDERGRIFT 11'4 CITY OF OCOEE RUSTY o SON .. R a 150 N.LAKESHORE DRIVE PAUL W.FOSTER v OCOEE FLORIDA 34761-2258 VERN COMBS c+�y 5_}; (407)656-2322 JIM GLEASON E� Or G 009 CITY MANAGER October 7, 1993 ELLIS SHAPIRO Mr. Edward O'Connor Pan Pacific Development Company The Richardson Building 942 Main Street Hartford, Connecticut 06103 Re: City of Ocoee Sanitary Sewer Fasement Dear Mr. O'Connor: This is to confirm that the City of Ocoee is willing to agree to the following in return for the granting of the referenced easement by Pan Pacific Development Company to the city. 1) The City of Ocoee will repair or cause to be repaired any and all damage to the brick wall, landscaping, irrigation system and pavement caused by the installation of the sanitary sewer force main and manhole that are the subject of the referenced easement. 2) The City represents that it has examined the existing sanitary sewer lift station that serves the shopping center, and has determined that the flow to be contributed by the proposed force main will not cause the design capacity of the lift station to be exceeded, based on currently existing tenants, and the City's knowledge of potential tenants. If future tenant requirements should cause the capacity of the lift station to be exceeded, the City agrees to participate in the required upgrade of the lift station in proportion to the City's flow contribution. Sincerely, CITY OF OCOEE Ellis Shapiro City Manager ES/JWS/jbw Stephen L . Skipper Attorney at Law 1134 East Plant Street, Suite 400 P.O. Box 770464 Winter Garden,Florida 34777-0464 Phone(407) 877-0770 FAX(407) 877-1188 October 27, 1993 2 Mr. Jim Shira, P.E. Lz © 13 O 3 City Engineer/Utilities Director ! D 150 North Lakeshore Drive \.( NOV - 11993 Ocoee, FL 34761 Dear Mr. Shira: After speaking with you by telephone this morning about the Ocoee Plaza matter, I telephoned Ed O'Connor and he said that he has reviewed the documents which you proposed, and that upon receipt of a letter confirming the following modifications, he will sign the grant of easement, and have the mortgage company execute their consent: 1) With respect to paragraph 2) of the letter written by Ellis Shapiro dated October 7, 1993, Mr. O'Connor feels that the lift station is presently designed to support 100% of all future requirements of the shopping center, and that if additional capacity is required by any future tenant, 100% of the cost of upgrading such capacity should be paid by the City of Ocoee up to the design capacity of the City's own use of the facility at that time. 2) The City of Ocoee must guaranty full access through both sides of the rear delivery area of the shopping center. Entrance from the Silver Star Road side of the rear delivery area is restricted, and the Food Lion delivery trucks may not be able to turn around and exit from the same side. If Food Lion's access is restricted, my client may be liable for any resulting damage under the terms of their lease. 3) During their conversation a few weeks ago, Mr. O'Connor said that Mr. Shapiro agreed to pay reasonable attorney fees and engineering fees incurred by my client in this matter. Enclosed is a copy of my bill and the bill for the engineer, Mr. Sherman. 4) The covenants made by the City of Ocoee must be stated to run with the land and e ure to t•e b • efit of the successors and assigns of my client. int erely A Stephen L. Skipper SLS/kpe cc: Edward J. O'Connor, Vice Pres., Eastern Region 10/28/93 Stephen L. SKIPPER PAGE 1 P.O. Box 770464 WINTER GARDEN, FL 34777-0464 (407) 877-0770 ACCOUNT OF: Pan Pacific Corp. 942 Main Street 000285 Hartford, CT 06103- BILLING STATEMENT CASE NO. Ocoee Plaza Date Action Billed Paid Credits Balance Due 09/24/93 CONSULTATION 93 . 75 93 . 75 09/27/93 NEGOTIATION ATT 125 . 00 218 . 75 09/27/93 TELEPHONE ATTY 31.25 250 . 00 10/01/93 TELEPHONE ATTY 20 . 83 270 . 83 10/01/93 TELEPHONE ATTY 10 .42 281 .25 10/08/93 DOCUMENT REVIEW 62 .50 343 . 75 10/27/93 TELEPHONE ATTY 20 . 83 364 .58 10/27/93 TELEPHONE ATTY 31 .25 395 .83 CASE TOTAL 395 . 83 0 . 00 0 . 00 395 .83 Please remit payment within 5 days THANK YOU MECP ENGINEERING CORPORATION OF AMERICA OCTOBER 6, 1993 INVOICE FROM MECA ENGINEERING CORP OF AMERICA 1150 EAST PLANT STREET WINTER GARDEN, FLORIDA 34787 407-877-7722 PAN PACIFIC DEVELOPMENT CORP. MR. EDWARD J. O' CONNOR VP ATTENTION JO MARY ZERR REFERENCE: OCOEE PLAZA (OCOEE, FLORIDA) THE CITY OF OCOEE, ATTEMPT TO INSTALL 4" FORCED SEWER MAIN ONTO AND THROUGH THE ABOVE REFERENCE PROJECT SITE. THE FOLLOWING ITEMS WERE INVESTIGATED. RESULTS OF THE INVESTIGATION WERE FURNISHED TO (MR. STEVE SKIPPER ATTORNEY REPRESENTING PAN PACIFIC DEVELOPMENT CORPORATION. ITEM-1 RESEARCHING THE NEW IMPACT FEE STRUCTURE THE CITY OF OCOEE USES FOR QUOTING EXCESSIVE IMPACT FEES OF $249, 000 THEY REQUIRED TO OPEN A NEW COMMERCIAL LAUNDRY LOCATED AT THE ABOVE REFERENCE SITE. ITEM-2 METHOD AND WAYS TO REDUCE THE IMPACT FEES. ITEM-3 IF THE PRESENT METHOD OF IMPOSING IMPACT FEES IS LEGAL ITEM-4 MEETINGS WITH CITY ENGINEERING & CITY MANAGER DISCUSSING THEIR APPROACH TO INSTALLING THE NEW FORCE SEWER MAIN ONTO PAN PACIFIC PROPERTY WITH OUT A WRITTEN EASEMENT. ITEM-5 WITH THE INSTALLATION OF THE NEW FORCED SEWER MAIN WILL THE PRESENT LIFT STATION AND PIPING BE ADEQUATE TO SUPPLY SEWER AND WATER FOR THE FUTURE GROWTH OF THE OCOEE PLAZA. ITEM-6 BY WRITTEN AGREEMENT FROM THE CITY OF OCOEE ASSURING THAT EXISTING EQUIPMENT/PIPING BE MAINTAINED AND UPGRADED AS NEEDED. 4 HOURS AT $55 PER HOUR TOTAL DUE THIS INVOICE = $220. 00