HomeMy WebLinkAboutItem III (B) Approval and Authorization to Execute Necessary Documents re: Sewer Permit 88-01 (Lake Whitney Ltd.IOrange County) r:
AGENDA 2-1-94
t Item III B 1,2,3
,. "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE"
Ocoee S.SCOTT VANDERGRIFT
61/4/c
IONFIS
•\I .'�° CITY OF OCOEE RUSTYOHNSON
"" r dPAUL W.FOSTER
F,
O 150E FLORIDA DRIVE
OCOEE FLORIDA 34761-2258 VERN COMBS
�'e�` _5... .LV (407)6562322 JIM GLEASON
Of G009 QTY MANAGER
MEMORANDUM ELLIS SHAPIRO
DATE: January 27, 1994
TO: The Honorable Mayor and Board of City Commissioners
FROM: Montye E. Beamer, Director tr?"------.
Administrative Services
SUBJECT: Sewer Permit 88-01
In a letter dated March 11, 1988 Orange County requested the provision of wholesale wastewater
services for the property known as Lake Whitney/Planned Development (Belmere). Pursuant
to this request and the subsequent Letter Agreement No. S-1 accepted by the County July 28,
1988, Sewer Permit 88-01 was issued to Lake Whitney, Ltd. and Orange County (co-applicants)
on December 9, 1988 and approved by the City Commission on February 7, 1989. Capacity
was purchased under the Capacity Sale 1 guidelines, i.e. scheduled payments over time.
Since May 17, 1989, Wingfield Reserve Corporation has made payments in the name of
Wingfield Development Company and provided the Letters of Credit as stipulated on the permit.
To date there has been no formal transfer of this permit to Wingfield Development Company;
however, 135 ERU's were purchased for $529,475 with an additional $24,000 paid in Revenue
and Maintenance fees for a total of $553,475. A Florida Department of Environmental
Regulations Permit No. CS48-176597 was issued to Belmere Subdivision in April, 1990.
On January 25, 1994 the Orange County Commission approved the attached Cancellation of
Wholesale Letter Agreement and Permit and Contract S-88-12 for Belmere Planned
Development. This tri-party agreement (Orange County, City of Ocoee, and Wingfield
Development Company) allows (1) transfer of all rights and obligations from Lake Whitney,
Ltd. to Wingfield Development Company so long as Wingfield warrants that it, in fact, holds
title, (2) abrogation of the Letter Agreement No. S-1, (3) cancellation of Sewer Permit No. 88-
01, and (4) refund of$553,475 by the City to Wingfield Development Company following the
completion of certain requirements.
The City Attorney worked with the County Attorney in developing this Cancellation. Wingfield
Development Company has also provided input. Staff recommends acceptance of this
Cancellation.
OI_
The Honorable Mayor and Board of City Commissioners
January 27, 1994
Page Two
As stated above, Sewer Permit No. 88-01 must also be cancelled. This requires separate City
Commission action along with authorization to refund all monies paid for the capacity and the
revenue and maintenance fees. As to the cancellation, the City Attorney has drafted the
appropriate document. As to the refund, no money was withheld for staff charges or attorney
fees.
The time of the actual refund will be contingent upon a notification from the Florida Department
of Environmental Protection (previously DER) that DER permit number CS48-176597 has been
officially cancelled, released or modified. Currently this permit for Belmere Subdivision lists
the City of Ocoee's wastewater treatment plant as service provider through May 1, 1994.
Wingfield has requested cancellation from DEP.
Action Requested
The Mayor and Board of City Commissioners approve (1) Cancellation of Wholesale Letter
Agreement and Permit and Contract S-88-12 for Belmere Planned Development, (2) revocation
sewer permit 88-01, and (3) refund to Wingfield Development Company for wastewater capital
charges of$529,475 and revenue/maintenance fees of$24,000 and authorize the Mayor and City
Clerk to execute all necessary documents.
MEB/jbw
W P60\DOCS\8801.MAY\273AN94\M
CANCELLATION OF WHOLESALE LETTER AGREEMENT AND
PERMIT AND CONTRACT S-88-12 FOR BELMERE PLANNED DEVELOPMENT
This Agreement (the "Agreement") is made and entered into
this day of , 1994, among Wingfield Development
Company, (hereinafter "Wingfield") ; Orange County, a political
subdivision of the State of Florida (hereinafter "County") ; and
the City of Ocoee, Florida, a municipality created under
Florida law and located in Orange County, Florida (hereinafter
"City") .
WITNESSET H:
WHEREAS, the City and the County entered into that certain
S-1 Letter Agreement dated July 13, 1988, pertaining to the
provision of wholesale wastewater service for the Belmere PD, a
copy of which agreement is attached hereto and incorporated
herein by reference as Exhibit "A" (hereinafter "Letter
Agreement") ; and
WHEREAS, County accepted said Letter Agreement pursuant to
that certain acceptance letter, dated July 28, 1988, which is
attached hereto and incorporated herein by reference as Exhibit
"B" (hereinafter "Acceptance") ; and
WHEREAS, the City issued Sewer Permit 88-01 to County and
Lake Whitney, Ltd. (the predecessor in interest to Wingfield
Development Company) pursuant to the Letter Agreement, which
permit is attached hereto as Exhibit "C" and incorporated
herein by reference (hereinafter the "Permit") ; and
C 0 12)y
ke(.4.04citrA coviviy 03, /f4,
WHEREAS, the City and the County have modified and altered
that certain Sewer Service Territorial Agreement (Contract No.
S-87-8) in a date even herewith (hereinafter the "Amendment") ;
and
WHEREAS, in accordance with said Amendment, certain acts,
as set forth herein, are necessary.
NOW, THEREFORE, in consideration of the mutual premises
contained herein, and other consideration, the receipt and
sufficiency of which is hereby acknowledged, the City, the
County and Wingfield hereby agree as follows :
1. The above recitals are true and correct and are
incorporated hereby by this reference.
2. City and County hereby consent to a transfer of all
rights and obligations pursuant to the Letter Agreement and
Permit from Lake Whitney, Ltd. to Wingfield.
3 . Wingfield hereby warrants that it holds title to that
certain property described in Exhibit "D" , which is attached
hereto and incorporated herein by reference (hereinafter the
"Property") , which Property is the subject of the Letter
Agreement and Permit.
4 . Wingfield hereby represents that it has neither
transferred nor assigned any rights or obligations under the
Letter Agreement or Permit .
5 . City covenants that it will cancel the Permit and reimburse
Wingfield $553,475 . 00 (which was paid to City pursuant to the
-2-
Letter Agreement) within 15 days of Wingfield providing to City
a copy of written notice from the Department of Environmental
Protection ("DEP") that Wingfield' s DEP permit #CS48-176597
with expiration date of May 1, 1994 obtained in connection with
the Belmere PD has been cancelled.
6 . Upon the City' s reimbursement of the $553,475 . 00 to
Wingfield, the following agreements shall be cancelled: (1)
Letter Agreement; (2) Acceptance; and (3) that certain
Agreement entitled Orange County/Lake Whitney, Ltd./Wastewater
Utilities Agreement, (Contract No. S-88-12) between Orange
County and Lake Whitney, Ltd. dated August 17, 1988
(hereinafter the Belmere Wastewater Agreement) . Wingfield
warrants and represents that it is the owner of all of Lake
Whitney' s rights and privileges under the Letter Agreement;
Belmere Wastewater Agreement; and the Permit .
7. The parties expressly acknowledge that the
reimbursement of said $553,475 . 00 is the sole obligation of
City. The City shall indemnify the County, to the extent
permitted by law, for any actual losses or damages which may be
suffered by the County as a result of the City' s failure to
reimburse Wingfield and cancel the Permit and Letter Agreement
in accordance with the terms and provisions of this Agreement.
8 . The City agrees that it owes Wingfield $553,475 .00 and
provided that Wingfield complies with terms and conditions of
this Agreement, agrees that Wingfield, in the event of default
by the City, shall have available all remedies at law to
enforce City' s covenant to repay the $553,475 .00. In any such
-3-
action, the prevailing party shall be entitled to costs and
attorneys fees.
IN WITNESS WHEREOF, the County, the City, and Wingfield,
have executed this Amendment on behalf of the County, the City,
and Wingfield, respectively, and have set their seals hereto as
of the date and year first written.
COUNTY
ORANGE COUNTY, FLORIDA
BY:
County Chairman
DATE:
ATTEST: Martha O. Haynie, County Comptroller
As Clerk of the Board of County Commissioners
BY:
Deputy Clerk
CITY
CITY OF OCOEE, FLORIDA
BY:
S. Scott Vandergrift, Mayor
Executed on: , 1994
ATTEST:
Jean Grafton, City Clerk
(SEAL)
-4-
FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY
THE CITY OF OCOEE, FLORIDA COMMISSION AT A MEETING HELD
APPROVED AS TO FORM AND ON , 1994
LEGALITY this day of UNDER AGENDA ITEM NO.
, 1994 .
Foley & Lardner
By:
City Attorney
WINGFIELD i VELOPMEN iMPANY
1iL i
BY: . /% ��
cordon Nutt
AS ITS: Pre ide t
DATE: 40):,
ATTEST:
9. 'Ohoter
TITLE:
BY: /EsOiiitt L7• `
AMY644 1/24/94
-5-
CII , JYQ
.' THOMAS R. ISON • TELEPHONE(407) 656-2322
Ocoee
MAYOR•COMMISSIONER
•
CITY OF OCOEE
COMMISSIONERS 150 N.LAKESHORE DRIVE
RUSTY JOHNSON OCOEE.FLORIDA 32761 a God`'
LESTER DABBS, JR. ��4�s,, c�+A
JOHN BATEMAN AcA
VARD J. HAGER 3 110164
.
CITY MANAGER
OCOEE
TEDDY C. RYAN, JR. ABICENTENNIAL COMMUNITY
July 13, 1988
Mr. Stanley J. Keely
Orange County Director of Public Utilities
Public Utilities Division
201 South Rosalind Avenue
Orlando, Florida 32801
RE: LETTER 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
Carrnission 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 120,000
gallons par 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 Revenue and Connection Fees. The fees to be paid
by the County, its successors or assigns, will be set by the
City Commission on the same basis as other custaners or
property owners eligible for sewer service fran the City in a
similar customer class for the cost of providing capital
facilities to produce 400 ERU's of sewer service capacity.
EXHIBIT "A" —
AUG 1 5 1988
Mr. Stanley J. Keely Page Two July 13, 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 depicted on Exhibit B and incorporated in this
letter of Agreement. Except as otherwise required by the Sewer
Territorial Contract, 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) Term. 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 the City frau time to time. 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.
•
• • . AUG 1 1988
•
Mr. Stanley J. Keely Page Three July 13, 1988
In addition to the above conditions, the City also proposes amending the Sewer
Territorial Contract by renaming it the ORANGE COUNTY/CITY OF CCOEE SEWER SERVICE
TERRITORIAL AGREEMENT.
Sincerely,
CITY OF CCOEE
. Y:
- '74 414.4
Thomas R. Ison, Mayor
ATTEST:
City Clerk •
STATE OF FLORIDA
COUNTY OF ORANGE
SWORN to and subscribed freely and voluntarily for the purposes therein
expressed before ne by Thomas R. Ison, Mayor of the City of Ocoee, known to me to
be the person described in and who executed the foregoing, this J9 day of
G � 1988.
,WITNESS my hand and official seal in the County and State last aforesaid this
1q day of<i , 1988.
AL/ deAfteid
Notary Public
My Cannission Expires:
TRI/bIm Notary Public, State of Florida at Large
My Commission Expires December 10. 1990
Bonded thru Agent's Notary Brokerage
AUG 1 5 1984
EXHIBIT "A"
SOUTH 1/2 SECTION 31. TOWNSHIP 22 SOUTH, RANGE 28 EAST, LYING EAST OF
WINDERMERE ROAD, AND
NORTH 1/2 SECTION 6, TOWNSHIP 23 SOUTH, RANGE 28 EAST, LYING EAST OF
WINDERMERE ROAD (LESS BEGINNING NORTHEAST CORNER OF SOUTHEAST 1/4 OF
NORTHWEST 1/4 SUBDIVISION SECTION 6, THEN WEST 437.71 FEET, THEN NORTH
150 FEET. THEN EAST 737.71 FEET THEN NORTH 150 FEET, THEN WEST 300 FEET
TO POINT OF BEGINNING, AND.
NORTH 1/2 OF SOUTHEAST 1/4 OF NORTHEAST 1/4 SECTION 6, TOWNSHIP 23
SOUTH, RANGE 28 EAST. WHICH IS LOCATED SOUTHEAST CORNER WINDERMERE ROAD
AND ROBERSON ROAD EXTENDING EAST TO MAQUIRE ROAD. (S1/2 31-22-28, N1/2
6-23-28, TRACT SIZE 455.2 ACRES)
•
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C)range F :. Division of Public Utilities
1-.. County 201 South Rosalind Avenue
Reply To:Post Office Box 1393
.J
Orlando.Florida 32802-1393
._ ` ;1 •
Telephone(407)244-7200
ACCEPTANCE OF LEITER AGREEMENT NO.- S-1
July 28, 1988 APPROVED BY THE ORANGE COUNTY
COMMISSION AT THEIR MEETING
AJu 'i 5 1988
The Honorable Thomas Ison
•
Mayor
CITY OF OCOEE
150 Lakeshore Drive
Ocoee, Florida 32761
Re: Whitney Lake Planned Development
•
This letter is sent in response to your propoo�see Lettee CCounty Agreementer No. S-1,
received July 21, 1988, by the County.
sion
accepts your Letter Agreement No. S-1, pursuant to the conditions contained
in that Letter Agreement and the County's March 11, 1988 correspondence to
the City of Ocoee, and further agrees to your proposed renaming of the
Sewer Territorial Contract as the ORANGE COUNTY/CITY OF OCOEE SEWER SERVICE
TERRITORIAL RE��' Copies
are at ached asAgreement
Exhibits.-1 and the County's
March 11. 1988correspondence
Very truly yours,
Stanley J. Keely, P.E.
Deputy Director
ORANGE COUNTY PUBLIC UTILITIES DIVISION
ATTEST ORANGE COUNTY, FLORIDA
1I
(74.457/e6
� • „.......v.r:474//fre_tvr ic..\
1 Q'JV ZO �'1 y
Deput Clthe Orange VICE Chairman,' Orange County
t Commission
{
Commission
: V
THE USE AND RELIANCE OF
SR' GE COONLY. i
Vt.-mower. 1988
= '
Assis t . my Attorney •
1111h• `
. — EXHIBIT "B" — _
iii t (•.
•
STATE OF FLORIDA
COUNTY OF ORANGE
SWORN to and subscribed fr ely d oluntarily for the purposes therein
expressed before me by 1 2�A sd , known to me to be
th person described in and who executed the foregoing, this /7 y day of
,(• , 1988.
- ,
1. _.4.L., . _ /:.
Nota . Public J
My Cooimission Expires:
Nolaty Pub!1c, State of F!nri%a :.t low,:
My Ccmrrm;_aion Expiras t:".crc.. Zc. Pr',
Bonded Tivu Frown & Groan, Inc.
t.
EXHIBIT "B"
. �
c range -
1 COunty Division of Public Utilities
_; ', 1. 201 South Rosalind Avenue
Reply To: Post Office Box 1393
:%: '}i:%' Orlando, Florida 32802.1393
Telephone (305) 244.7200
March 11, 1988
APPROVED BY THE ORANGE COUNTY
Mr. Teddy C. Ryan COMMISSION AT THEIR MEETING
City Manager AUG 15 1988
CITY OF OCOEE
150 Lakeshore Drive
Ocoee, Florida 32761 .
Re: Orange County Request for Central Wastewater
Service Capacity
•
Dear Mr. Ryan:
Pursuant to the Orange County/Prima Vista Utilities, Inc. Sewer Service
. Territorial Agreement, which was assigned to the City of Ocoee. I am
requesting
on behalf of Orange County that the City provide wholesale
Wastewater service to Orange County. This request for wastewater capacity
amounts to 380 equivalent residential units, or 114 ,000 gallons per day,
pursuant to Orange County's guidelines. .
Enclosed for your information is a legal description of the property to be
served in "Exhibit A" along with a map depicting the connection point of a
force main from this development to the Ocoee system.
.At this point, it is our intention that the developer will be' required to
install an acceptable wastewater metering system, along with the force main
he constructs, which could be read by the City for billing purposes to the
County. I would appreciate your expeditious response to this request. If
you have any questions or comments, please don' t hesitate to contact this
office.
Very t y you"s•
1 P—) /.....//
C17 6
St ley J. Keely, P.E. .
Depuily Director •
QBANGE COUNTY PUBLIC UTILITIES DIVISION
SJK/saz l
cc: Al . Ispass, P.E. , Director, Public Utilities Division
mas A. Cloud, Esq. , Gray, Harris & Robinson, P.A.
le-O.C. Prima Vista Utilities Agreement
i
Enclosures
i
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AUG 1 5 igAR
EXHIBIT "A"
SOUTH 1/2 SECTION 31, TOWNSHIP 22 SOUTH, RANGE 28 EAST, LYING EAST OF
WINDERMERE ROAD, AND
NORTH 1/2 SECTION 6, TOWNSHIP 23 SOUTH, RANGE 28 EAST, LYING EAST OF
WINDERMERE ROAD (LESS BEGINNING NORTHEAST CORNER OF SOUTHEAST 1/4 OF
NORTHWEST 1/4 SUBDIVISION SECTION 6, THEN WEST 437.71 FEET, THEN NORTH
150 FEET, THEN EAST 737.71 FEET THEN NORTH 150 FEET, THEN WEST 300 FEET
TO POINT OF BEGINNING, AND,
NORTH 1/2 OF SOUTHEAST 1/4 OF NORTHEAST 1/4 SECTION 6, TOWNSHIP 23
SOUTH, RANGE 28 EAST, WHICH IS LOCATED SOUTHEAST CORNER WINDERMERE ROAD
AND ROBERSON ROAD EXTENDING EAST TO MAQUIRE ROAD. (S1/2 31-22-28, N1/2
6-23-28, TRACT SIZE 455.2 ACRES)
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•
EXHIBIT B
U1.1U.U4 17:55 'LS'41.11 134S 114.1 l uLL•1 k L\NUtrLI< '¢JU14 UU I
OCOEE SEWER PERMIT
NO. 8_'Q I
SOURCE NAME: LAKE WHITNEY PLANNED DEVELOPMENT (BELMERE)
west of Maguire Road and south of Roberson Road in
SOURCE LOCATION: Orange County, Florida.
TAX PARCELS TO RECEIVE SEWER SERVICE:
Parcel ERU'S
Identification Number Acreage Allocated
31 21 28 0000 00007 43.18 300*
6 23 28 0000 00003 79,22
6 23 28 0000 00044 116.0
* ERUs may be allocated to any or all of the three parcels.
PERMITTEE'S NAME & TITLE: Lake Whitney. Ltd. and Orange County
C/o: Thomas A. Cloud, Esq., St. 1200, 201 E. Pine St. Orlando, FL
E
PERMITTEE'S ADDRESS: a Director, Orange County Public Utilities Division,
Third Floor, 201 south Rosalind Avenue, Orlando, Florida 32801
DATE E. TIME OF ACCEPTANCE OF APPLICATION:
TERMS AND CONDITIONS
Section 1. In accordance with all terms and conditions of the
Ocoee Code of Ordinances, and all applicable rules and regulations
including, but not limited to Article V, Chapter 22, Ocoee Code of
Ordinances;
PERMISSION IS HEREBY GRANTED TO: The Permittee(s)
for the contribution of 81.000 gallons per day equalling 300
equivalent residential units into the City of Ocoee Wastewater System.
Section 2. This Sewer Permit is granted pursuant to and in
accordance with Section 22-63A, Ocoee Code of Ordinances, Letter Agreement
S-1, the Orange County/City of Ocoee Sewer Service Territorial Agreement
(Contract No. S-87-8) , and Article V, Chapter 22, Ocoee Code of Ordinances,
all of which are filed with and considered as part of this Permit, together
with the following conditions:
2.1. The issuance of a Sewer Permit shall create no vested
rights in the Permittee and shall not be construed as a guarantee of
sewer service capacity to the Permittee. The City may permit connections
to its sewer systems only if it may lawfully do so and would not thereby
violate any permit, license, restriction, injunctions, moratorium or
denial of permission to connect imposed or issued by any court of competent
jurisdiction or by any applicable agency of the United States, the State
of Florida, or the City. The City makes no other representation or
• agreement as to the availability of sewer service in connection with
the development of the property described in this Permit. The Permittee
expressly agrees that it shall have no claim or cause of action against
the City for its observance of these rules or any such permit, license,
restriction, injunction, moratorium or denial of permission to connect
its sanitary sewer lines into the City's Wastewater System. By acceptance
of this Sewer Permit, the Permittee hereby waives and relinquishes any
right, claim, cause of action or other remedy whatsoever against the
City arising from or as a result of the City's refusal to permit the
Permittee to connect to the City's Wastewater System for observance of
these rules or for the reason that the connection would violate such
permit, license, restriction, injunction, moratorium or denial of
• permission to connect_
EXHIBIT "C" ---
U1 111.U4 17:55 1 4U7 043 1743 FULE1 & LARUNER 1dJUU3,UU4
2.2. Any customer discharging wastewater pursuant to this Sewer
Permit which contains substances detrimental to the City's Wastewater
System or any appurtenant facilities, pump stations or lines which creates
an unusual additional cost to the City shall be liable to pay for the
actual costs incurred by the City as a result of such discharges. Charges
for recovery of unusual costs shall be in addition to all other applicable
wastewater service charges specified in City Rate Resolutions and
Ordinances. When a discharge of waste causes damage to the City's
Wastewater System or any appurtenant facilities, pump stations, or lines,
the City may assess a charge against the user for the work required to
repair the facility. These charges will be billed directly to the user
when costs are final.
2.3. Within fifteen (15) days of the capacity sale, Lake Whitney,
Ltd. ,, shall provide cash or an irrevocable letter of credit for twenty
(20%) percent of all payment due the City for capacity allocated in
accordance with this Permit, and shall pay in full all sewer capital
charges for the first year of needed capacity. Lake Whitney, Ltd. shall
subsequently make annual payments for reserve capacity in accordance
with the schedule set forth in the application, which is incorporated
herein by reference. On or before the due date of each annual payment,
the Permittee shall provide a new irrevocable letter of credit for the
twenty (204) percent of the balance of the balance of the sewer capital
charges owed to the City in subsequent years. Lake Whitney, Ltd. shall
forfeit the amount due under the letter of credit should any annual payment
not be timely made. The City shall give Lake Whitney, Ltd. written notice
of any default under this condition and shall allow Lake Whitney, Ltd.
ten (10) days from the date of receipt of such notice to cure such default.
This Permit and a cash payment hereunder for capacity shall exempt Lake
Whitney, Ltd. from the obligation to pay any increase of sewer capital
charges for the capacity which may be in effect at the time of issuance
of a building permit. Notwithstanding anything herein to the contrary,
Lake Whitney, Ltd. may request a modification to the schedule of annual
payments depicted in the application. The City shall approve the
modification if there is no sewer service capacity available for the
property or if there is a delay in construction of the improvements on
the property caused by the City.
2.4. On a date five (5) years after the date of the last cash
payment for capacity as set forth in the application, any such allocated
sewer service capacity for which a building permit has not been issued
(or if issued, expired) shall be surrendered by Lake Whitney, Ltd. to
the City, and, in such event, the City shall not be obligated to refund
sewer capital charges, revenue and maintenance fees, or other
contributions, rates, fees, charges, or other amounts paid by Lake Whitney,
Ltd. If Lake Whitney, Ltd. is unable to use all or a portion of the
sewer service capacity, Lake Whitney, Ltd. may, prior to termination
of the right to use said capacity, request in writing to sell such capacity
back to the City. The City may buy such capacity back from Lake Whitney,
Ltd. at the rate originally paid by Lake Whitney, Ltd. for said capacity,
without interest. If Lake Whitney, Ltd. does not use, transfer or sell
said capacity in accordance with the above provisions and the right to
use said capacity terminates and the capacity is returned to the City,
Lake Whitney, Ltd. may reapply for said capacity and receive a credit
for any sewer service capital charge previously paid against the cost
of any new capacity.
2.5. Lake Whitney, Ltd. expressly agrees to pay any adopted
revenue and maintenance fee for each equivalent residential unit per
year authorized by this Permit in accordance with Article VI, Chapter
22, Ocoee Code of Ordinances.
2.6. As contemplated by Letter Agreement S-1 and Contract No.
S-87-8, the City shall provide sewer service capacity to Orange County
on a wholesale basis, and Orange County shall in turn provide retail
sewer service capacity to Lake Whitney, Ltd. in accordance with Contract
No. S-88-12. Therefore, this Ocoee Sewer Permit shall be deemed the
equivalent of a developer agreement as contemplated by Chapter 22 of
the Ocoee Code of Ordinances. Nothing contained herein is intended to
preclude Lake Whitney, Ltd. from later entering into or being assigned
the rights, duties and obligations of a refundable advance agreement
or construction agreement for the construction of off-site sewage
transmission facilities.
01:111.114 17:56 u4U7 643 1743 FUL111 & 1,11LUNER 4JU64.6114
2.7. This Sewer Permit and all or a portion of the capacity
allocated hereunder is transferable by Lake Whitney, Ltd. in accordance
with Section 22-116, Ocoee Code of Ordinances; provided, however, that
the transferree need not execute a developer's agreement• for sewer service
as a precondition for any such transfer for use on lands located as of
this date outside of the incorporated boundaries of the City of Ocoee.
Any transfer of capacity allocated under this Sewer Permit for use on
lands located as of this date inside of the City's incorporated boundaries
will be subject to the terms of the Developer's Agreement for sewer
service, a copy of which is attached to and incorporated in this Permit
as binding only upon any such transferree or successors and as Exhibit
"A". Any transferree under this Sewer Permit must, however, be agreed
to be bound by the terms of this Sewer Permit. Nothing contained herein
is intended to affect any requirements between Lake Whitney, Ltd. and
Orange County contained in Section 9.1 of Contract No. S-88-12.
Notwithstanding anything to the contrary contained herein, no transfer
of capacity under this Sewer Permit may be made. for consideration greater
than the Permittee's initial Sewer Capital Charge unless the Permittee
has paid cash for the capacity, in which case the transfer may be made
for consideration equal to the then prevailing rate established by the
City for the sewer capital charge.
2.8. This Sewer Permit may be revoked by the City for any of
the following reasons:
(1) Violation of non-compliance with the terms and
conditions of this Sewer Permit,
(2) Violation or non-compliance with the provisions of
the City of Ocoee Sewer Service Allocation Rules,
(3) Misrepresentations of fact in the permittee's
application,
(4) Mistake of Fact, or,
(5) Mistake of law. •
2.9. This Sewer Permit shall not be construed as granting or
assuring or indicating any future grant of any subdivision, land use,
density, zoning, or development approvals, permissions, variances, special
exceptions, or rights with respect to the parcels to receive sewer service.
The date of issuance of this Sewer Permit is the 9 day of'Aeze+nt3
19 88 at oeace c.,-{ H A
Signed this "711day of raR.+JARY , 1989 .
1 CITY OF OCOEE
By: !--t=1:141440
Thomas R. Ison, Mayor
Attest: Li.2 k
Je'.n Gra ton, ity Clerk
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND LEGALITY:
THIS 17%1 DAY OF 11";z3 Arz1 , 1989
FOLEY & LARDNER, VAN DEN BERG,
GAY, BURKE, WILSON 5 ARKIN
By:
City Attorney
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CANCELLATION OF OCOEE SEWER PERMIT NO. 88-01
Pursuant to the Agreement entitled Orange County/City of
Ocoee Cancellation of Wholesale Letter Agreement and Permit for
Belmere Plan Development, the City of Ocoee hereby cancels Ocoee
Sewer Permit No. 88-01 issued to Lake Whitney, Ltd. and Orange
County for Lake Whitney Planned Development (Belmere) on December
9, 1988 . This cancellation is hereby acknowledged, accepted and
agreed to by Wingfield Development Corporation, the successor in
interest to Lake Whitney Ltd.
CITY OF OCOEE, FLORIDA
By:
S. Scott Vandergrift, Mayor
Executed on: , 1994
Attest:
Jean Grafton, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY
THE CITY OF OCOEE, FLORIDA COMMISSION AT A MEETING HELD
APPROVED AS TO FORM AND ON 1994
LEGALITY this day of UNDER AGENDA ITEM NO.
, 1994
Foley & Lardner
By:
City Attorney
WINGFIELD DEVELOPMENT CORPORATION
By:
• Gordon Nutt
AS ITS: President
DATE:
ATTEST:
TITLE:
BY:
1.11;1V a 17:55
'!S'4U7 lilt 11-AJ RILL & LARVAL( teIUUZ•UU I
OCOEE SEWER PERMIT
NO. 6_'0!
SOURCE NAME: LAKE WHITNEY PLANNED DEVELOPMENT (BELMERE)_
West of Maguire Road and south of Roberson Road in
SOURCE LOCATION: Orange_County, Florida.
TAX PARCELS TO RECEIVE SEWER SERVICE:
Parcel ERU ' S
Identification Number Acreage Allocated
31 21 28 0000 00007 43 .18 300*
6 23 28 0000 00003 79. 22
I
6 23 28 0000 00044 116 .0
1
* ERUs may be allocated to any or all of the three parcels .
PERMITTEE'S NAME & TITLE: Lake Whitney, Ltd. and orange County
C/o: Thomas A. Cloud, Esq. , St. 1200, 201 E. Pine St. Orlando, FL
B0
PERMITTEE' S ADDRESS: & Director, Orange County Public Utilities Division,
Third Floor, 201 South Rosalind Avenue, Orlando, Florida 32801
DATE & TIME OF ACCEPTANCE OF APPLICATION:
TERMS AND CONDITIONS
I
Section 1 . In accordance with all terms and conditions of the
Ocoee Code of Ordinances , and all applicable rules and regulations
including, but not limited to Article V, Chapter 22, Ocoee Code of
Ordinances ;
PERMISSION IS HEREBY GRANTED TO: The Permittee(s )
for the contribution of 81. 000 gallons per day equalling 30.0
equivalent residential units into the City of Ocoee Wastewater System.
Section 2. This Sewer Permit is granted pursuant to and in
accordance with Section 22-63A, Ocoee Code of Ordinances, Letter Agreement
S-1, the Orange County/City of Ocoee Sewer Service Territorial Agreement
(Contract No. S-87-8 ) , and Article V, Chapter 22, Ocoee Code of Ordinances,
all of which are filed with and considered as part of this Permit, together
with the following conditions :
2 .1 . The issuance of a Sewer Permit shall create no vested
rights in the Permittee and shall not be construed as a guarantee of
sewer service capacity to the Permittee. The City may permit connections
to its sewer systems only if it may lawfully do so and would not thereby
violate any permit, license, restriction, injunctions , moratorium or
denial of permission to Connect imposed or issued by any court of competent
jurisdiction or by any applicable agency of the United States, the State
of Florida, or the City. The City makes no other representation or
. agreement as to the availability of sewer service in connection with
the development of the property described in this Permit. The Permittee
expressly agrees that it shall have no claim or cause of action against
the City for its observance of these rules or any such permit, license,
restriction, injunction, moratorium or denial of permission to connect
I its sanitary sewer lines into the City' s Wastewater System. By acceptance
of this Sewer Permit, the Permittee hereby waives and relinquishes any
right, claim, cause of action or other remedy whatsoever against the
City arising from or as a result of the City' s refusal to permit the
Permittee to connect to the City ' s Wastewater System for observance of
these rules or for the reason that the connection would violate such
permit, license, restriction, injunction, moratorium or denial of
. permission to connect* Oft
-- EXHIBIT "C"
U1.1f►.Ad 17:55 U407 648 1743 1ULE1 & LARUNER I jUU3.UU4
•
2. 2. Any customer discharging wastewater pursuant to this Sewer
Permit which contains substances detrimental to the City' s Wastewater
System or any appurtenant facilities, pump stations or lines which creates
an unusual additional cost to the City shall be liable to pay for the
actual costs incurred by the City as a result of such discharges . Charges
for recovery of unusual costs shall be in addition to all other applicable
wastewater service charges specified in City Rate Resolutions and
Ordinances . When a discharge of waste causes damage to the City's
Wastewater System or any appurtenant facilities, pump stations, or lines,
the City may assess a charge against the user for the work required to
repair the facility. These charges will be billed directly to the user
when costs are final.
2 . 3. Within fifteen ( 15 ) days of the capacity sale, Lake Whitney,
Ltd. ,, shall provide cash or an irrevocable letter of credit for twenty
(20% ) percent of all payment due the City for capacity allocated in
accordance with this Permit, and shall pay in full all sewer capital
charges for the first year of needed capacity. Lake Whitney, Ltd. shall
subsequently make annual payments for reserve capacity in accordance
with the schedule set forth in the application, which is incorporated
herein by reference. On or before the due date of each annual payment,
the Permittee shall provide a new irrevocable letter of credit for the
twenty ( 20% ) percent of the balance of the balance of the sewer capital
charges owed to the City in subsequent years. Lake Whitney, Ltd. shall
forfeit the amount due under the letter of credit should any annual payment
not be timely made. The City shall give Lake Whitney, Ltd. written notice
of any default under this condition and shall allow Lake Whitney, Ltd.
ten ( 10 ) days from the date of receipt of such notice to cure such default.
This Permit and a cash payment hereunder for capacity shall exempt Lake
Whitney, Ltd. from the obligation to pay any increase of sewer capital
charges for the capacity which may be in effect at the time of issuance
of a building permit. Notwithstanding anything herein to the contrary,
Lake Whitney, Ltd. may request a modification to the schedule of annual
payments depicted in the application. The City shall approve the
modification if there is no sewer service capacity available for the
property or if there is a delay in construction of the improvements on
the property caused by the City.
2. 4 . On a date five ( 5 ) years after the date of the last cash
payment for capacity as set forth in the application, any such allocated
sewer service capacity for which a building permit has not been issued
(or if issued, expired) shall be surrendered by Lake Whitney, Ltd. to
the City, and, in such event, the City shall not be obligated to refund
sewer capital charges, revenue and maintenance fees, or other
contributions , rates, fees, charges , or other amounts paid by Lake Whitney,
Ltd. If Lake Whitney, Ltd. is unable to use all or a portion of the
sewer service capacity, Lake Whitney, Ltd. may, prior to termination
of the right to use said capacity, request in writing to sell such capacity
back to the City. The City may buy such capacity back from Lake Whitney,
Ltd. at the rate originally paid by Lake Whitney, Ltd. for said capacity,
without interest. If Lake Whitney, Ltd. does not use, transfer or sell
said capacity in accordance with the above provisions and the right to
use said capacity terminates and the capacity is returned to the City,
Lake Whitney, Ltd. may reapply for said capacity and receive a credit
for any sewer service capital charge previously paid against the cost
of any new capacity.
2 . 5 . Lake Whitney, Ltd. expressly agrees to pay any adopted
revenue and maintenance fee for each equivalent residential unit per
year authorized by this Permit in accordance with Article VI, Chapter
22, Ocoee Code of Ordinances .
2 . 6 . As contemplated by Letter Agreement S--1 and Contract No.
S-87-8 , the City shall provide sewer service capacity to Orange County
on a wholesale basis , and Orange County shall in turn provide retail
sewer service capacity to Lake Whitney, Ltd. in accordance with Contract
No. S-88-12. Therefore, this Ocoee Sewer Permit shall be deemed the
equivalent of a developer agreement as contemplated by Chapter 22 of
the Ocoee Code of Ordinances . Nothing contained herein is intended to
preclude Lake Whitney, Ltd. from later entering into or being assigned
the rights, duties and obligations of a refundable advance agreement
or construction agreement for the construction of off-site sewage
transmission facilities .
U1.19.94 17:54 'u'4U7 644 1747 kuLLI & LARDER IauI4:UU1
I
•
2.7. This Sewer Permit and all or a portion of the capacity
allocated hereunder is transferable by Lake Whitney, Ltd. in accordance
with Section 22-116, Ocoee Code of Ordinances; provided, however, that
the transferree need not execute a developer' s agreement• for sewer service
as a precondition for any such transfer for use on lands located as of
this date outside of the incorporated boundaries of the City of Ocoee.
Any transfer of capacity allocated under this Sewer Permit for use on
lands located as of this date inside of the City' s incorporated boundaries
will be subject to the terms of the Developer' s Agreement for sewer
service, a copy of which is attached to and incorporated in this Permit
as binding only upon any such transferree or successors and as Exhibit
"A" . Any transferree under this Sewer Permit must, however, be agreed
to be bound by the terms of this Sewer Permit. Nothing contained herein
is intended to affect any requirements between Lake Whitney, Ltd. and
Orange County contained in Section 9 .1 of Contract No. S-88-12.
Notwithstanding anything to the contrary contained herein, no transfer
of capacity under this Sewer Permit may be made. for consideration greater
than the Permittee' s initial Sewer Capital Charge unless the Permittee
has paid cash for the capacity, in which case the transfer may be made
for consideration equal to the then prevailing rate established by the
City for the sewer capital charge.
2. 8 . This Sewer Permit may be revoked by the City for any of
the following reasons :
( 1 ) Violation of non-compliance with the terms and
conditions of this Sewer Permit,
( 2) Violation or non-compliance with the provisions of
the City of Ocoee Sewer Service Allocation Rules ,
( 3 ) Misrepresentations of fact in the permittee' s
application,
( 4 ) Mistake of Fact, or,
•
(5 ) Mistake of law.
2 . 9 . This Sewer Permit shall not be construed as granting or
assuring or indicating any future grant of any subdivision, land use,
density, zoning, or development approvals, permissions , variances, special
exceptions, or rights with respect to the parcels to receive sewer service.
The date of issuance of this Sewer Permit is the 9 day of"
19 8B , at oc-Izim-e exT1 H Ate`
Signed this irk" day of cE. rzAJARY , 1989 .
1 CITY OF OCOEE
fly: e:t7I(LO
Thomas R. Ison, Mayor
Attest:
Je'.n Gra ton, ty Clerk
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND LEGALITY:
THIS 1IN\ DAY OF (e3izotsrel _, 1989
FOLEY & LARDNER, VAN DEN BERG,
GAY, BURKE, WILSON & ARKIN
By:
City Attorney
•
- 3 -