Emergency Item Execution of Non-Exclusive Temporary Construction Easement Agreement
AGENDA ITEM COVER SHEET
Contact Name:
Contact Number:
David A. Wheeler, P.E.
407 -905-3100, ext. 1504
Meeting Date: August 15, 2006
Item # Emergency
Reviewed By: q;/l ) //J
Department Director: ~ ~
City Manager:, __,
Subject: Approval and Execution of Non-Exclusive Temporary Construction Easement
Agreement
Background Summary:
The City has undertaken the design and construction of the ih Avenue roadway improvements that extend from
Moore Road on the north to 6th Avenue (Thornbrooke Drive) on the south end. The developers of the Meadow
Ridge development (fka: Westridge PUD) donated the remaining right-of-way for the new road. The City had the
project designed and permitted in 2005 and received bids for the construction of the road. The costs were well
above budget and the City rejected the bids. The City negotiated with Unicorp and Pulte Homes, the developers,
to construct the road as part of their project and to aide the City in the funding of the project. The construction is
currently ongoing and nearing completion.
During design it was discovered that a small parcel of land was needed from the School Board of Orange County
to allow the road to be completely within City ROW. To continue with construction a temporary construction
easement (TCE) is required while a Special Warranty Deed reviewed and approved by both parties. The draft
documents were sent to the School Board last year, but because of staff turnover those documents need to be
resubmitted for review. However the TCE will allow construction to continue and be completed. There is no cost
to the City to obtain this TCE from the School Board.
Issue:
Authorization of the Non-Exclusive Temporary Construction Easement Agreement to allow construction of ih
Avenue to continue.
Recommendations
Staff recommends that the City Commission approve the Non-Exclusive Temporary Construction Easement
Agreement and authorize the Mayor and City Clerk to execute the document for delivery to the School Board.
Attachments:
Non-Exclusive Temporary Construction Easement Agreement
Financial Impact:
There is no financial impact to the City on this issue.
Type of Item: (please marl< with an "x'J
Public Hearing
Ordinance First Reading
Ordinance Second Reading
Resolution
_ Commission Approval
For Clerl<'s Deot Use:
_ Consent Agenda
_ Public Hearing
Regular Agenda
Discussion & Direction
_ 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 ( )
~dfl3 -fr-
N/A
N/A
N/A
2
THIS INSTRUMENT PREPARED BY:
Nicholas N. Pahner, Esq.
FOLEY & LARDNER LLP
111 North Orange Avenue, Suite 1800
Post Office Box 2193
Orlando, Florida 32802-2193
(407) 423-7656
THIS INSTRUMENT SHOULD BE
RETURNED TO:
Beth Eikenberry, City Clerk
CITY OF OCOEE
150 N. Lakeshore Drive
Ocoee, Florida 34761
NON-EXCLUSIVE TEMPORARY CONSTRUCTION EASEMENT
AGREEMENT
THIS NON-EXCLUSIVE TEMPORARY CONSTRUCTION EASEMENT
AGREEMENT (this "Easement Agreement") is made and entered into this _ day of
, 2006, by and between the SCHOOL BOARD OF ORANGE
COUNTY, FLORIDA, a public body corporate organized and existing under the laws of the
State of Florida, whose address is 445 West Amelia Street, Orlando, FL 32801 (hereinafter
referred to as the "Grantor"), and the CITY OF OCOEE, a Florida municipal corporation,
whose address is 150 North Lakeshore Drive, Ocoee, Florida 34761 (hereinafter referred to as the
"Grantee").
WIT N E SSE T H:
WHEREAS, Grantor is the owner of that certain real property located in Orange
County, Florida, as more particularly described in Exhibit "A" attached hereto and incorporated
herein by reference (the "Easement Property"); and
WHEREAS, Grantee has requested, and Grantor has agreed to grant and convey
to Grantee, a non-exclusive temporary easement over, upon and across the Easement Property for
the specific and limited purposes hereinafter set forth.
NOW, THEREFORE, in consideration of the mutual covenants, promises, terms
and conditions set forth herein, and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
Section 1. The above recitals are true and correct, form a material part of this
Agreement and are incorporated herein by reference.
ORLA_376030.1
Section 2. Grantor hereby gives, grants, bargains, sells and conveys to
Grantee a non-exclusive temporary easement over, upon and across the Easement Property for
the purposes hereinafter stated (the "Easement"), all subject to the terms, conditions and
limitations set forth herein.
Section 3. Grantor hereby warrants and guarantees to Grantee that Grantor
has fee title to the Easement Property, subject to easements, reservations, restrictions and rights-
of-way of record, if any, and that Grantor has full power and authority to grant this Easement as
to the Easement Property.
Section 4. Grantee's use of the Easement Property shall be for the purpose of
Grantee, through itself, its agents, contractors, consultants and employees: (a) performing such
activities on the Easement Property as Grantee may deem reasonably necessary in connection
with the design, engineering and construction of certain roadway improvements to rights of way
known as Seventh Avenue and Sixth Street (the "Road Improvements") which are to be located
adjacent to and in the vicinity of the Easement Property, and (b) tying in and harmonizing the
Easement Property and the driveways, walkways and other improvements thereon with the
construction of the Road Improvements to be undertaken by the Grantee in conjunction with the
aforesaid activities on the Easement Property.
Section 5. This Easement is non-exclusive, and Grantor reserves to itself, its
successors and assigns, the non-exclusive right to use, pass and repass over and upon the
Easement Property. Each party shall use the rights granted and reserved by this Easement
Agreement with due regard to the rights of the other party to use and enjoy the Easement
Property .
Section 6. This Easement shall terminate upon the earlier of (a) the completion of
the construction of the Road Improvements as certified by the City, or (b) Twelve (12) months
from the date hereof. Upon termination of this Easement, Grantee shall record a Notice of
Termination in the Public Records of Orange County, Florida.
Section 7. Grantee shall, at its sole cost and expense, restore any improvements
on the Easement Property that are damaged by Grantee incident to its construction of the Road
Improvements to a condition which approximates as closely as is reasonably practicable the
condition of said improvements prior to being damaged by Grantee.
Section 8. To the extent permitted by law, the Grantee agrees to indemnify and
hold harmless the Grantor from and against any and all claims, actions, causes of action, loss,
damage, injury, liability, cost or expense, including without limitation attorneys' fees and
paralegal fees (whether incurred before, during or after trial, or upon any appellate level), arising
from the Grantee's use of the Easement Property or from the exercise by the Grantee of any
rights granted by this Easement Agreement.
Section 10. This Easement Agreement shall be binding upon and inure to the
benefit of the parties specified herein, their respective legal representatives, successors and
assigns, and the benefits and burdens hereof shall run with the Easement Property.
ORLA_376030.1
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Section 11. This Easement Agreement may be modified or amended only upon
the mutual written consent of Grantee and Grantor, or their respective legal representatives,
successors and assigns.
IN WITNESS WHEREOF, the parties hereto have subscribed their names and
have caused this Easement Agreement to be executed as of the day and year first above written.
Signed, sealed and delivered
in the presence of:
GRANTOR:
Print Name:
SCHOOL BOARD OF ORANGE
COUNTY, FLORIDA, a public body
corporate organized and existing under the
laws of the State of Florida
By:
Print Name:
Print Name:
Title:
GRANTEE:
CITY OF OCOEE,
a Florida municipal corporation
By:
Print Name:
S. Scott Vandergrift, Mayor
Attest:
Beth Eikenberry, City Clerk
Print Name:
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY this day of
,2006.
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING
HELD ON , 2006
UNDER AGENDA ITEM NO.
FOLEY & LARDNER LLP
By:
City Attorney
ORLA_376030.1
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STATE OF FLORIDA
COUNTY OF
)
)
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
, as of the SCHOOL BOARD OF
ORANGE COUNTY, FLORIDA, a public body corporate organized and existing under the
laws of the State of Florida, and who D is personally known to me, or who D produced
as identification, and who
acknowledged that he/she executed the foregoing instrument freely and voluntarily for the uses
and purposes expressed therein.
WITNESS my hand and official seal in the County and State last aforesaid this _ day
of , 2006.
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number (if not legible on seal):
My Commission Expires (if not legible on seal):
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgments, personally appeared S. Scott Vandergrift
and Beth Eikenberry, well 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 in the presence of two subscribing witnesses freely and voluntarily under
authority duly vested in them by said municipality. They are personally known to me.
WITNESS my hand and official seal in the County and State last aforesaid this _ day
of ,2006.
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number (if not legible on sea!):
My Commission Expires (if not legible on sea!):
ORLA_376030.1
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EXHIBIT" A"
A portion of Section 32, Township 22 South, Range 28 East, Orange County, Florida, being
more particularly described as follows:
Commence at the Southeast comer of the Southwest 1;4 of said Section 32; thence North 00
degrees 30 minutes 45 seconds West along the East line of said Southwest 1;4 a distance of
1250.03 feet to the POINT OF BEGINNING; thence North 89 degrees 48 minutes 59 seconds
East along a line that is 45.00 feet South of and parallel with the South right of way line of Sixth
Street a distance of 40.00 feet; thence North 00 degrees 30 minutes 45 seconds West along a line
that is 40.00 feet East of and parallel with said East line a distance of 45.00 feet to a point on said
South right of way line; thence South 89 degrees 48 minutes 59 seconds West along said South
right of way line a distance of 40.00 feet to a point on said East line; thence South 89 degrees 39
minutes 17 seconds West a distance of 60.00 feet; thence South 00 degrees 30 minutes 45
seconds East along a line that is 60.00 feet West of and parallel with said East line a distance of
45.00 feet; thence North 89 degrees 39 minutes 17 seconds East a distance of 60.00 feet to the
POINT OF BEGINNING.
ORLA_376030.1
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