Item 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
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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)
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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)
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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:
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