Item III (F) Approval and Authorization for Mayor and City Clerk to Execute Developer's Agreement for Water Service with Opus South Corporation AGENDA 6-7-94
Item III F
"61/47,, CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE"
Ocoee S.SCOTT VANUEKGKIHT
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OCOEE FLORIDA 34761-2258 VERN COMBS
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MEMORANDUM
DATE: June 1, 1994
TO: The Honorable Mayor and Board of City Commissioners
FROM: Montye E. Beamer, Directorlin
Administrative Services
SUBJECT: DEVELOPER'S AGREEMENT FOR WATER SERVICE
OPUS SOUTH CORPORATION
In January, 1993, a default of pre-sold water capacity put 120,000 gallons into an uncommitted
yet advertised category. OPUS South Corporation through the attached agreement is purchasing
18,939 gallons for Plantation Grove Parcel F Phase 1 excluding Outparcel A. Closing on this
property has occurred; and all documents are being finalized.
Staff recommends approval provided the agreement has been fully executed by the developer and
payment in full has been received. The City Attorney has approved the use of this document.
Action Requested
The Mayor and Board of City Commissions (1) approve the Developer's Agreement for Water
Service with OPUS South Corporation and (2) authorize the Mayor and City Clerk to execute
when all attachments have been provided.
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THIS INSTRUMENT PREPARED BY:
R. Duke Woodson, Esq.
FOLEY & LARDNER
111 North Orange Avenue
Suite 1800
Orlando, Florida 32801
AFTER RECORDING RETURN TO:
Jean Grafton, City Clerk
CITY OF OCOEE
150 North Lakeshore Drive For Recording Purposes Only
Ocoee, Florida 34761
PROJECT NAME:
Plantation Grove Shopping Center
DEVELOPER'S AGREEMENT FOR WATER SERVICE
THIS DEVELOPER'S AGREEMENT FOR WATER SERVICE (this
"Agreement") is made this day of , 1994, by and between the CITY
OF OCOEE, a Florida municipal corporation, (hereinafter referred to as the "Utility"), whose
mailing address is 150 North Lakeshore Drive, Ocoee, Florida 34761, and OPUS SOUTH
CORPORATION, a Florida corporation (hereinafter referred to as the "Developer") whose
mailing address is 4200 W. Cypress Street, Suite 444, Tampa, Florida 33607.
RECITALS
1. The Developer owns (or will own at the time of recording of this
Agreement) fee simple title to certain property located in Orange County, Florida, said property
being more particularly described in Exhibit "A" attached hereto and by this reference made a
part hereof (the "Property").
2. The Developer has constructed or will construct certain improvements
in the Property which require or will require substantial Water Service Capacity. Said
improvements shall hereafter be referred to in the aggregate as the "Improvements."
3. Water Service Capacity for the Improvements shall be provided by the
Utility in the manner described below and subject to the terms and conditions of this Agreement.
4. The Utility is willing to provide Water Service Capacity to the
Developer in accordance with and subject to the terms and conditions of this Agreement and
applicable rules, regulations, laws and requirements.
5. The Developer requires and relies on Water Service Capacity and other
public services from the Utility in order to develop the Property.
6. The Utility and the Developer hereby acknowledge and warrant to each
other that this Agreement and any future acts as required hereby are binding and enforceable on
the Utility and the Developer in accordance with their terms.
ACCORDINGLY, in consideration of the Recitals hereof, for and in consideration of
the mutual undertakings and agreements herein contained and assumed, and other good and
valuable considerations received by each party from the other, the receipt and sufficiency of
which are hereby acknowledged, the parties hereto do hereby agree as follows:
SECTION 1. RECITALS. The above recitals are true and correct, and form a
material part of this Agreement.
SECTION 2. DEFINITIONS. The parties agree that in construing this Agreement,
the definitions in Chapter 173 of the Code of Ordinances of the City of Ocoee shall apply and
the following words, phrases, and terms shall have the following meanings unless the context
requires otherwise:
2.1 "Agreement" means this Developer's Agreement, as it may be amended
from time to time.
2.2 "Customer Installation" means all Water Facilities on the customer's
side of the Point of Distribution.
2.3 "Developer" means Opus South Corporation, a Florida corporation, its
successors and assigns.
2.3 "Off-Site Facilities" means the Distribution Facilities used to provide
Water Service to the Property, but not located on the Property.
2.4 "On-Site Facilities" means that portion of the Distribution Facilities
used to provide Water Service to the Property and located within the Property.
2.5 "Point of Distribution" means the point where the Distribution
Facilities are connected to the Primary Water Main.
2.6 "Treatment Facilities" means those Water Facilities used for the
treatment of Water in accordance with applicable governmental rules and regulations.
2.7 "Utility" means the CITY OF OCOEE, a Florida municipal
corporation, its successors and assigns.
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2.8 "Utility's System" means all Water Facilities and interests in real or
personal property owned, operated, managed or controlled by the Utility now and in the future
and used to provide Water Service to existing and future customers.
SECTION 3. DESIGN CONSTRUCTION AND OPERATION OF ON-SITE
FACILITIES. The Developer agrees as a condition precedent to its receipt of Water Service
Capacity to do the following:
3.1 Design of On-Site Facilities. The Developer shall, at its expense,
cause its own Florida registered professional engineer to design and produce and submit in
writing to the Utility for its review, and approval or rejection prior to construction, graphic
plans and specifications for the construction of the On-Site Facilities to be located on the
Property (the "Plans and Specifications"). The Plans and Specifications may be limited to the
first Phase only, and Plans and Specifications for subsequent Phases during the approval process
may be furnished from time to time. The Developer may modify the Plans and Specifications
at any time with the consent of the Utility, which consent shall not unreasonably be withheld,
provided such modification does not unduly interfere with existing facilities or commitments and
is otherwise consistent with the ordinances and resolutions of the City Commission of the City
of Ocoee and the Utility's Tariff. In the event the Developer requests a modification to the
Plans and Specifications which would result in an increase in the Water Service Capacity needed
for the development, the Utility may allow the modification, deny the modification, or require
the Developer to enter into a new Developer's Agreement containing such terms and conditions
as the Utility may require. In the event the Developer is required to enter into a new
Developer's Agreement under this paragraph such new Agreement with regard to any prior held
Water Service Capacity shall be identical to this Agreement in all respects with regard to the
prior held Water Service Capacity. Any new Water Service Capacity shall be governed by then
existing and applicable rates and regulations of the Utility.
3.2 Approval of Plans and Specifications for On-Site Facilities. The
Utility shall review, and reject or approve, the Plans and Specifications submitted pursuant to
Subsection 3.1 hereof. The engineers of a Developer submitting the Plans and Specifications
shall, at the Developer's expense, make corrections or modifications to any portion of the Plans
and Specifications which are unacceptable to the Utility, and shall resubmit the corrected or
modified Plans and Specifications to the Utility for further review until the Utility shall have
approved the Plans and Specifications. The Utility's determination that the Plans and
Specifications are unacceptable shall not be made arbitrarily or capriciously. The Plans and
Specifications shall be automatically voided if construction of the On-Site Facilities pursuant
thereto has not commenced within one (1) year from the date of approval by the Utility;
provided that the Utility may grant a one (1) year time extension upon written request of the
Developer to the Utility, in the event that the Plans and Specifications still comply with then
current regulations. In the event the Developer commences construction of the On-Site
Facilities, but does not in good faith and diligently proceed to complete such construction, the
Utility may, at its sole option, require revisions to the Plans and Specifications in order to
comply with the then current regulations.
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3.3 Permitting. The Developer shall, at its expense, obtain all necessary
state and local permits or approvals required for the construction of the On-Site Facilities to be
constructed upon the Property pursuant to this Agreement. The Developer shall send written
copies of all permit applications filed with state or local governmental entities to the Utility, and
shall also provide the Utility with copies of all written permits, approvals, requests for additional
information, or denials received by the Developer in connection with such permit applications.
3.4 Construction of On-Site Facilities. After the Utility approves the
Plans and Specifications for any phase or portion of the On-Site Facilities, the Developer shall,
at its own expense, construct and install that phase or portion of the On-Site Facilities as the
same are depicted in the Utility-approved Plans and Specifications therefor. The Developer
warrants that the On-Site Facilities to be constructed by it pursuant to this Agreement shall be
constructed in accordance with the Utility-approved Plans and Specifications, and also in
accordance with all other applicable federal, state and local laws, regulations, rules and
ordinances. The Developer shall provide the Utility thirty (30) days notice prior to initiation of
construction of each phase or portion of the On-Site Facilities. All construction of the On-Site
Facilities to be constructed or installed by the Developer shall be done by contractors approved
in advance by the Utility as competent to perform such work. The Utility's approval of such
contractors shall not be unreasonably withheld.
3.5 Inspection. Testing and Approval of Construction. During the
construction of the On-Site Facilities by the Developer, the Utility shall have the continuing right
to inspect such installations to determine compliance with the Utility-approved Plans and
Specifications for said facilities. The Utility shall control the quality of the installation, and
further, shall be entitled to perform standard tests for pressure, infiltration, exfiltration, line and
grade, and all other normal engineering tests to determine that the system has been installed in
accordance with the Plans and Specifications and good engineering practices. The Developer
agrees to pay to the Utility, or the Utility's authorized agent, a reasonable sum to cover the cost
of inspection by the Utility of installations made by the Developer or its contractor, which
charge shall be as provided in Subsection 6.3 hereof.
3.6 Acceptance and Conveyance of Dedication of On-Site Facilities and
Easements.
(1) After completion of construction and prior to acceptance or
approval of the On-Site Facilities by the Utility, the Developer shall furnish to the Utility one
set of Mylar "as-built" drawings showing specifications, locations, depth and other appropriate
details of all Water Facilities as located by a licensed surveyor along with three prints of the "as-
built" drawings which have been sealed by the surveyor and certified by the engineer of record.
In addition, the Developer will provide the Utility with three sets of all appropriate manuals for
operation of any pumping stations and other mechanical and electrical equipment installed by the
Developer, as applicable. In addition, the Developer will provide the Utility with a schedule,
certified by the Developer, of actual costs of the On-Site Facilities being transferred.
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(2) Upon completion of construction of the On-Site Facilities, the
Developer shall provide the Utility with a title opinion of an attorney licensed to practice law
in the State of Florida showing that the lands to be encumbered by all easements to be conveyed
or dedicated by the Developer to the Utility pursuant to this Agreement with respect to that
phase or portion of the On-Site Facilities to be accepted by the Utility for ownership, operation
and maintenance are, in fact, owned of record by the Developer in fee simple, free and clear
of all liens (including mechanics' liens) and encumbrances, other than those acceptable and
approved by the Utility. Alternatively, in lieu of a title opinion, the Developer may provide the
Utility with a current title insurance policy or a certification to the Utility by an abstractor or
title company containing the same information. Such opinion of counsel or alternative title
information, when rendered, may reflect that the lands involved are encumbered by a
development mortgage or mortgages, if such mortgage or mortgages are subordinated to the
easements described in this Agreement or if the lands underlying subject easements are released
from such mortgage or mortgages.
(3) After the Developer has satisfied the requirements of Subsections
(1) and (2) the Utility shall accept the On-Site Facilities from the Developer.
(4) After acceptance of any phase or portion of any On-Site Facilities
for ownership, operation and maintenance by the Utility, the Developer shall, at no cost or
expense to the Utility, with respect to such phase or portion constructed or otherwise provided
by the Developer, (a) convey, grant or dedicate to the Utility free and clear of all liens and
encumbrances, such easements as are reasonably necessary for the Utility to own, operate,
maintain, repair, expand, and replace the On-Site Facilities constructed thereon and (b) transfer
and convey to the extent that the same are transferable all governmental approvals and permits
that will enable the Utility to operate the applicable phase or portion of those On-Site Facilities
and provide Water Service to the Improvements, and notify all governmental agencies of such
transfer and conveyance as may be required by law. The Utility shall review and approve all
documents submitted by the Developer pursuant to this Subsection.
3.7 Bonding Requirements. After inspection, conveyance and acceptance
of the On-Site Facilities, the Utility agrees to maintain each phase of such On-Site Facilities that
is completed by the Developer, except for Customer Installations which are not the responsibility
of the Utility as provided in this Agreement. The Developer shall and does hereby indemnify
and hold the Utility harmless from any repairs or replacements required to be made to said On-
Site Facilities conveyed by the Developer to the Utility which occur within two years from the
date of conveyance of said On-Site Facilities to the Utility. Simultaneously with the conveyance
of the On-Site Facilities described above from the Developer to the Utility, the Developer
making said conveyance shall deliver to the Utility an executed contract bond or letter of credit
in the amount of ten percent (10%) of the actual costs of construction of said On-Site Facilities.
If a letter of credit is used it shall be in form reasonably acceptable to Utility. The contract
bond shall have as the surety thereon, such surety company as is authorized to write bonds of
such character and amount in accordance with the laws of the State of Florida. The attorney-in-
fact, or other officer who signs such contract bond for surety company shall file with such bond
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a certified copy of his power of attorney authorizing him to do so. The contract bond may be
written either with the Developer's contractor as "principal" and the Developer and the Utility
as "co-obligees" or, in the alternative, with the Developer as principal and the Utility as
"obligee." The contract bond or letter of credit shall remain in force for two (2) years following
the date of conveyance to the Utility against losses resulting from any and all defects in materials
or improper performance or construction. Upon demand by the Utility, the Developer shall
correct or cause to be corrected within thirty (30) days all such defects which are discovered
within said warranty period or periods as set forth above. If the defects are not corrected within
thirty (30) days or if the Developer is not proceeding in good faith to correct the defects, the
Utility may give the Developer notice that the Utility intends to correct such defects and the
Developer and its surety shall be liable to the Utility for its costs arising therefrom or the Utility
may draw on the letter of credit to cover its costs arising from said repairs and correction of
defects.
3.8 Characterization and Surrender of On-Site Facilities. Upon
conveyance to the Utility of any On-Site Facilities as aforesaid, the conveyed facilities shall
become part of the Utility's System (as appropriate), and the Developer shall surrender control
of said On-Site Facilities and execute and deliver to the Utility any documents or instruments
necessary for that purpose. If the Developer shall fail or refuse to do so, then the Utility shall
be entitled to specifically enforce the provisions of this Subsection 3.8 against the Developer.
3.9 Effect of Reviews. Inspections. Approvals, and Acceptances. The
reviews, inspections, approvals, acceptances and conveyances to the Utility of any plans and
specifications or construction shall not constitute a waiver of any claims arising from (1) faulty
or defective design, (2) faulty or defective construction, (3) unsettled liens and encumbrances,
and (4) tort claims.
3.10 Operation and Maintenance of Facilities. Subject to the Developer's
compliance with Sections 3 and 5 hereof, the Utility shall accept conveyance and assume
responsibility for the operation and maintenance of those On-Site Facilities for which the Utility
has approved the design, construction, and documents specified in Subsection 3.6, excluding the
Customer Installations. Upon acceptance of ownership and assumption of the responsibility for
the operation and maintenance of any such On-Site Facilities by the Utility as contemplated in
this Agreement, all customers of those On-Site Facilities shall be deemed customers of the
Utility's System, and the Utility shall set and collect all water rates, fees, charges and deposits
for those On-Site Facilities, without exception, in accordance with its Tariff and the provisions
of this Agreement. In addition to other applicable requirements, all property owners and
customers must provide, at their expense, necessary individual service lines as a condition
precedent to receiving Water Service Capacity from the Utility.
SECTION 4. CONSTRUCTION OF OFF-SITE FACILITIES.
4.1 General. Where applicable, and as required by Utility-approved Plans
and Specifications, the Developer shall construct and install at its sole expense any Off-Site
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Facilities required to extend Water Service Capacity to the Property, in accordance with the
Master Plan. The Developer is required to construct and install Distribution Facilities necessary
to transport water from the Primary Water Main to the Property. The construction and
conveyance of all such Off-Site Facilities shall be governed by all the terms and provisions of
Section 3 hereof.
4.2 Refundable Advance. The Developer shall always be responsible for
construction, at its sole expense, of any Off-Site Facilities required to extend Water Service
Capacity to the Property. The Developer may also be required to size the Off-Site Facilities in
accordance with the City Water System Master Plan so as to serve other property owners. In
this circumstance, all amounts expended by the Developer over and above the Developer's
proportionate share of the Off-Site Facilities necessary to serve the Property shall be refunded
to the Developer in accordance with the terms and conditions of a Refund Agreement which the
Utility will jointly execute with the Developer. The Refund Agreement shall provide for a plan
of refund based upon the connection of other properties to the Off-Site Facilities constructed by
the Developer based upon the proportionate share of the other properties. The Refund
Agreement shall have a term of not more than seven (7) years from the date of completion of
construction, unless otherwise specified, after which time any portion of the refund not made
to the Developer by other property owners under the conditions of the Refund Agreement will
have lapsed, and the Developer thereafter will no longer be entitled to any refund.
SECTION 5. EASEMENTS.
5.1 Grant of Easements. The Developer shall execute specific easements
to be recorded in the Official Records of Orange County consistent with the provisions of
Sections 3.6(2) and 3.6(4).
5.2 Rights of Ingress and Egress. The foregoing grants include the
necessary right of ingress and egress to any part of the Property upon which the Utility is
constructing, operating or maintaining On-Site and/or Off-Site Facilities. The foregoing grants
shall be for such period of time as and to the fullest extent that the Utility requires such right,
privilege or easement in the construction, ownership, maintenance, operation, repair or
expansion of said On-Site and/or Off-Site Facilities.
5.3 Private Property Installations. In the event mains, lines or facilities
are to be installed in lands within or outside the Property which are to be owned and maintained
by the Utility in areas outside of streets and public ways, then the Developer shall grant to the
Utility, without cost to the Utility, the necessary easement or easements for such private property
installation by express grant; provided, all such private property installations shall be made in
such manner as not to interfere with then primary use of such private property. Any such grant
of an easement shall be in full compliance with the title requirements set forth in Section 3.6(2)
hereof.
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5.4 Errors in Line Locations. The Utility and the Developer will use due
diligence in ascertaining all easement locations; however, should the Utility or the Developer
install any On-Site Facilities outside a dedicated easement area, or private easement area
conveyed by express grant, the Utility will not be required to move or relocate any such On-Site
Facilities lying outside a dedicated easement area so long as the On-Site Facilities do not
interfere with then or proposed use of the area in which the On-Site Facilities have been
installed, and so long as the Utility obtains a private easement for such line location, which the
Developer will give if same is within its reasonable power to do so. Should the Utility be
obligated to relocate any such On-Site Facility installed by a Developer, then that Developer
shall reimburse to the Utility the costs reasonably incurred by the Utility in connection with such
relocation. The Utility shall be responsible for and pay the expense of the relocation of any such
On-Site Facility installed by the Utility.
5.5 Utilization of Easement Grants. The Utility agrees that all easement
grants will be utilized in accordance with the established and generally accepted practices of the
water industry with respect to the installation of all such On-Site Facilities in any of the
easement areas to service the Property and the property of others; and that the Developer in
granting any easement herein, or pursuant to the terms of this instrument, shall have the right
to grant exclusive or non-exclusive rights, privileges and easements to other persons, firms or
corporations to provide to the Property any utility services other than water service.
5.6 Prohibition Against Obstructions. The Utility shall have the right to
clear and keep clear from all easements granted pursuant to this Section 5 all trees, plants and
shrubs, undergrowth, and other obstructions that may interfere with normal operation or
maintenance of any On-Site Facilities placed thereon, and the grantor, its successors and assigns
of any easement granted pursuant to this Section 5 agrees not to plant or allow to be planted
trees, plants or shrubs, build, construct or create any buildings or any other structures upon said
easements that may interfere with the normal operation or maintenance of said On-Site Facilities.
5.7 Acceptance of Reclaimed Water. Within ninety (90) days of receipt
of written request from the City, the Developer agrees to execute in favor of the City an
easement for the flow, distribution, delivery and spraying of reclaimed water over, under, upon
and through all rights-of-way, common areas and subdivision lots within the Land. Such
easement shall be in form prepared by the City; provided, however, that such easement shall
only include provisions typically required by the City in similar easement agreements. The use
by the City of any portion of the Property for such purposes shall be in accordance with all
applicable laws, statutes, ordinances, rules and regulations.
SECTION 6. RATES. FEES. AND CHARGES. As a condition to the provision
of Water Service Capacity, the Developer agrees to pay certain rates, fees and charges as
hereinafter set forth:
6.1 General. User rates and other charges to the Developer and individual
customers of Water Service Capacity shall be those set forth from time to time in the Tariff
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established by the Utility. However, subject to the terms and provisions of this Agreement, the
Utility may establish, amend, revise, and enforce, from time to time in the future, its Tariff
(including capacity or connection charges and Guaranteed Revenue and Maintenance Fees)
provided that such rates, fees, charges, and deposits are uniformly applied to customers in its
service area, are non-discriminatory as applied to the same classification of service throughout
its service area; except that a surcharge may be imposed by the Utility with respect to lands
outside the corporate limits of the City of Ocoee. The Utility may establish, amend or revise,
from time to time in the future, and enforce rules and regulations covering Water Service
Capacity to the Property. Such rules and regulations so established by the Utility shall at all
times be reasonable and subject to such regulation as may be applicable. Any initial or future
lower or increased rates, rate schedules, capacity charges or other fees and charges, and rules
and regulations established, amended or revised and enforced by the Utility from time to time
in the future, shall be binding upon the Developer, upon any person or other entity holding by,
through or under the Developer, and upon any user or customer of the Water Service Capacity
provided to the Property.
6.2 Inspection and Review Fees. Pursuant to the provisions of Section 3
and Section 4 of this Agreement, the Developer shall pay to the Utility certain Plans and
Specifications review fees and construction inspection fees as follows:
(1) Fees payable to the Utility for review by the Utility and its
engineers of the Developer's engineering Plans and Specifications for the Developer's on-site
and off-site work shall be in an amount equal to then prevailing amount set by the Utility from
time to time. Said fees shall be payable within ten (10) days after receipt of an invoice from
the Utility by the Developer; provided, however, that said fee shall not exceed the reasonable
costs incurred by the Utility in performing the review.
(2) Fees for the review and inspection by the Utility or its engineers
of the Developer's construction of its On-Site and Off-Site Facilities as provided for in this
Agreement, shall be in an amount equal to then prevailing amount set by the Utility from time
to time; provided, however, said fee shall not exceed the reasonable costs incurred by the Utility
in performing the inspection and shall not exceed two percent (2%) of the cost of construction.
The fees shall be paid by the Developer to the Utility upon the completion and approval by the
Utility of such construction and upon receipt of an invoice from the Utility and prior to the
conveyance thereof to the Utility.
6.3 Payment of Customer Deposits. The Utility may develop a uniform
customer and developer deposit policy. Upon applying for service, each customer shall pay to
the Utility the appropriate customer deposit which shall be held and administered in accordance
with the provisions of the policy of the Utility. The customer will pay any such customer
deposit to the Utility in a manner set by the Utility. Said funds shall become the unrestricted
property of the Utility and shall be available for use by the Utility with no limitations,
restriction, obligation or encumbrance whatsoever, except to the extent that applicable laws
restrict the Utility in use or disposition of said funds.
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SECTION 7. ALLOCATION An D _PAYMENY'. Contemporaneous with its
execution of this Agreement, the Developer has delivered to the Utility the sum of SIXTY
THOUSAND NINE HUNDRED EIGHTY-THREE AND 58/100 DOLLARS ($60,983.58)
representing payment of the applicable water capital charge for the reservation of EIGHTEEN
THOUSAND NINE HUNDRED THIRTY-NINE (18,939) gallons per day of water service
capacity. In consideration of the payment of said water capital charges and subject to the terms
and conditions of this Agreement, the Utility hereby allocates to the Property for use by the
Developer a total of EIGHTEEN THOUSAND NINE HUNDRED THIRTY-NINE (18,939)
gallons per day of water service capacity.
SECTION 8. ALLOCATION AND PROVISION
OF WATER SERVICE CAPACITY.
8.1 Allocation. Subject to the Developer's compliance with the terms and
conditions of this Agreement, the Utility hereby agrees to allocate Water Service Capacity for
. the use by the Developer with its improvements on the Property. The allocation for the
Developer shall be equal to the Water Service Capacity for which cash payment has been made
by the Developer. On a date five years after the date of the cash payment for capacity any such
allocated Water Service Capacity for which a building permit has not been issued (or if issued,
expired) shall be surrendered by the Developer to the Utility, and, in such event, the Utility shall
not be obligated to refund Water Capital Charges, Revenue and Maintenance Fees, or other
contributions, rates, fees, charges, or other amounts paid by the Developer.
8.2 Transfer of Water Service Capacity. The Developer may transfer
Water Service Capacity reserved pursuant to this Agreement to purchasers of all or any portion
of the Property, and upon application therefor the Utility will approve the transfer provided that
the Utility may require that (i) the transferee first executes a separate Developer's Agreement
for Water Service, (ii) Developer provides the Utility an assignment of ERU or ERUs to a
transferee of the Developer, or (iii) the Developer or the transferee executes such other
documents as may be required by the Utility. Notwithstanding anything herein to the contrary,
the Developer may transfer Water Service Capacity provided that (1) no transfer of capacity
may be made for consideration greater than the Developer's initial Water Capital Charge unless
the Developer has paid cash for the Capacity, in which case the transfer may be made for
consideration equal to then prevailing rate established by the Utility for the Water Capital
Charge; (2) the Transferee must execute a Developer's Agreement for Water Service; and
(3) the Utility has the right of first refusal of said Capacity.
8.3 Sale of Capacity Back to Utility. If the Developer is unable to use
all or a portion of the Water Service Capacity the Developer may, prior to the termination of
the right to use said Capacity, request in writing to sell such Capacity back to the Utility. The
Utility may buy such Capacity back from the Developer at the rate originally paid by the
Developer for said Capacity, without interest. If the Developer 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 Utility, the Developer may reapply for Capacity
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and will receive a credit for any Water Capacity Charge previously paid against the cost of any
new Capacity.
8.4 Provision of Water Service.
(1) Upon the completed conveyance of On-Site Facilities to the
Utility, the payment of applicable rates, fees, and charges, and the physical connection of a
given Customer Installation to the Utility's System, the Utility agrees to continuously provide
Water Service to said Customer Installation in accordance with the terms and conditions of this
Agreement, its Tariff and applicable requirements of the FDEP. Notwithstanding the above, the
Utility does not guarantee or warrant any special service, pressure, quality or other facility other
than what is required to fulfill a duty of reasonable care to the customers to whom it provides
such Water Service.
(2) Utility shall use its best good faith effort to provide Water Service
to the Developer upon demand consistent with the provisions of this Agreement, provided that
the Utility is obligated to provide Water Service only pursuant to allocated Water Service
Capacity for which cash payment has been made. The Utility makes no guarantee for Water
Service pursuant to an allocation of Water Service Capacity for which a Letter of Credit or
proposed plan of payment has been provided until cash payment is made for such Capacity.
SECTION 9. CUSTOMER INSTALLATION.
9.1 Notice of Initial Connection to Utility's System. The Developer shall
give the Utility notice that the Developer is connecting the On-Site Facilities to the Utility's
System not less than one business day prior to said connection so that the Utility may inspect
said connection; provided, however, that if the date of inspection occurs on a Saturday, Sunday,
or legal holiday, the Utility may postpone its inspection until the next occurring day which is
not a Saturday, Sunday, or legal holiday. If a Developer fails to give said notice, the Utility
may require the Developer to uncover and expose said connection for inspection, at the sole cost
of the Developer.
9.2 Connection of Individual Customer Installation. Although the
responsibility for connecting the Customer Installations to the Utility System is that of the
Developer or entities other than the Utility, with reference to such connections, the parties agree
as follows:
(1) Only PVC or such other materials as the Utility shall reasonably
approve in writing shall be used for said connections.
(2) Except as otherwise provided in Subsection 9.2(4) below, all
Customer Installation connections must be inspected by the Utility before backfilling and
covering of any pipes.
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(3) Notice to the Utility requesting an inspection of a Customer
Installation connection may be given by the Developer or the transferee of the Developer who
owns the Property, or any portion thereof, and the Utility will make a good faith effort to
inspect said Customer Installation within twenty-four (24) hours of said notice, or on the next
occurring day which is not a Saturday, Sunday or legal holiday.
(4) If the Utility fails to inspect the Customer Installation connection
within forty-eight (48) hours after such inspection is due to occur as provided hereinabove, the
Developer or the transferee of the Developer who acquired title ownership of the Property, or
any portion thereof, may backfill or cover the pipes without the Utility's approval; provided,
however, the Developer or the transferee of the Developer shall remain liable for any claims
arising from (a) faulty or defective design, (b) faulty or defective construction, and (c) tort
claims associated with said pipes and backfilling.
(5) If the Developer or the transferee of the Developer does not
comply with the foregoing inspection provisions, the Utility may refuse service to a connection
that has not been inspected until the Developer and/or the transferee of the Developer complies
with these provisions.
(6) The cost of constructing, operating, repairing or maintaining the
Customer Installations shall be that of the Developer or entities other than the Utility.
9.3 Application for Service. Unless previously connected prior to the date
of execution of this Agreement, the Developer or the occupant of the Property, shall make
written application to the Utility for the opening of an account for service. Said application is
to be made only after the payment of all fees and charges as required in Section 6 hereof. At
the time of making said application for service, the applicant shall pay all service charges as set
forth in the Tariff of the Utility except as modified or otherwise described herein.
SECTION 10. ASSURANCE OF TITLE TO PROPERTY. Prior to the execution
of this Agreement by the Utility, the Developer shall, at the expense of the Developer, deliver
to the Utility an opinion of title from an attorney licensed to practice law in the State of Florida
with respect to the Property, which opinion of title shall include a current report on the status
of the title, setting out the name of the legal title holders, the outstanding mortgages, taxes,
liens, tenancies or parties in possession and other covenants affecting the Property.
Alternatively, in lieu of a title opinion, the Developer may provide the Utility with a current title
insurance policy or a certification to the Utility by an abstractor or title company containing the
same information. The provisions of this Section are for the purpose of evidencing the
Developer's legal right to grant the exclusive rights of service and lien rights contained in this
Agreement. The requirements of this Section may be waived by the Utility if it has previously
received an opinion of title or other title evidence acceptable to the Utility and the Utility is
provided with satisfactory information that there has been no change in the status of title. If said
title evidence reveals that the Property is encumbered by a mortgage or other lien, then the
Developer shall be required to (i) cause such lien or mortgage to be released, or (ii) obtain a
12
joinder, consent and subordination from such lien or mortgage holder in a form satisfactory to
the Utility. If said title evidence reveals that this Agreement has not been fully or properly
executed by the Developer (or that the title holder to the Property is an entity or person other
than the Developer), then this Agreement shall be re-executed by the Developer in order to cure
any such deficiency.
SECTION 11. INCORPORATION OF LAWS. RULES AND POLICIES. This
Agreement shall be read in conjunction with and be subject to all existing and future federal,
state and local laws, rules and policies applicable to water utilities in any manner or form, and
all existing and future Utility rules, policies, and Tariff provisions.
SECTION 12. DISCLAIMERS: LIMITATIONS ON LIABILITY.
12.1 Status. The Developer and the Utility deem each other to be
independent contractors, and not agents of the other.
12.2 Indemnity. The Developer shall and does hereby indemnify the Utility,
its elected officials, agents and employees, from and against any and all claims, liabilities,
demands, damages, expenses, fees, fines, penalties, suits, proceedings, actions and fees,
including attorneys' fees, for injury (including death) to persons or damage to property or
property rights that may arise from or be related to acts, errors, or omissions of the Developer,
its agents, employees, servants, licensees, invitees, or contractors or by any person under the
control or direction of the Developer, or by the Developer's use of the Utility's system, and the
Developer shall and does hereby indemnify the Utility as aforesaid from all liability, claims and
all other items above mentioned, arising or growing out of or connected with any default,
breach, violation or nonperformance by the Developer of any covenant, condition, agreement
or provision contained in this Agreement concerning all or any part of the Utility's system. Any
indemnification provided in this paragraph shall arise solely from the obligations and actions
specified in this particular Agreement.
12.3 Force Majeure. The Utility and the Developer shall not be liable or
responsible to each other by reason of the failure or inability of the Utility or the Developer to
take any action they are required to take or to comply with the requirements imposed hereby,
or any injury to the Utility or the Developer or by those claiming by or through the Utility or
the Developer, which failure, inability or injury is caused directly or indirectly by force majeure
as hereinafter set forth. The term "force majeure" as employed herein shall mean Acts of God,
strikes, lock-outs, or other industrial disturbance; acts of public enemies, war, blockages, riots,
acts of armed forces, militia, or public authority; epidemics; break down of or damage to
machinery, pumps, or pipelines; landslides, earthquakes, fires, storms, floods, or washouts;
arrests, title disputes, or other litigation; governmental restraints of any nature, whether federal,
state, county, municipal or otherwise, civil or military; civil disturbances; explosions; failure
or inability to obtain necessary materials, supplies, labor or permits or governmental approvals,
whether resulting from or pursuant to existing or future rules, regulations, orders, laws or
proclamations, whether federal, state, county, municipal or otherwise, civil or military; or by
13
any other causes, whether or not of the same kind as enumerated herein, not within the sole
control of the Utility or the Developer, as the case may be, and which by exercise of due
diligence the Utility or the Developer is unable to overcome.
12.4 Disclaimer of Third Party Beneficiaries. This Agreement is solely
for the benefit of and shall be binding upon the formal parties hereto and their respective
authorized successors and assigns, and no right or cause of action shall accrue upon or by reason
hereof, to or for the benefit of any third party not a party to this Agreement or an authorized
successor or assignee thereof.
12.5 Disclaimer of Security. Notwithstanding any other provisions of this
Agreement, the Developer expressly acknowledges (1) that it has no pledge of or lien upon any
real property (including, specifically, the Utility's system), any personal property, or any
existing or future revenue source of the Utility (including, specifically, any revenues or rates,
fees or charges collected by the Utility in connection with the Utility's System) as security for
any amounts of money payable by the Utility under this Agreement; and (2) that its rights to
any payments or credits under this Agreement are subordinate to the rights of all holders of any
stocks, bonds, or notes of the Utility, whether currently outstanding or hereafter issued.
SECTION 13. TERMINATION AND OTHER REMEDIES. The Utility shall have
the right, for any length of time, to refuse to provide or to terminate Water Service Capacity to
the Developer or any structure on the Property in the event that the Developer fails to comply
with any of the terms and conditions of this Agreement concerning all or any part of the Utility's
System, Utility rules or policies, or any other general or special law or revisions thereof at any
time (as may be determined by the Utility) or to terminate the Developer's rights under this
Agreement for such violations. Nothing contained in this Agreement shall be construed to
prohibit the Utility from exercising or utilizing any other appropriate remedies for the
enforcement of the terms and conditions of this Agreement by whatever means are provided by
law or equity, including but not limited to the right of specific performance. The exercise of
the Utility's termination or refusal rights under this Section 13 hereof shall not be made
arbitrarily or capriciously and shall be subject to the Utility's rules and regulations and to the
notice and default provisions of Section 15 hereof.
SECTION 14. NOTICE: PROPER FORM. Any notices required or allowed to be
delivered shall be in writing and be deemed to be delivered when (1) hand delivered to the
official hereinafter designated, or (2) upon receipt of such notice when deposited in the United
States mail, postage prepaid, certified mail, return receipt requested, addressed to the party at
the address set forth opposite the party's name below, or at such other address as the party shall
have specified by written notice to the other party delivered in accordance herewith.
14
Developer: Opus South Corporation
4200 W. Cypress Street, Suite 444
Tampa, FL 33607
Attn: Barry Greenfield, Vice President
Utility: City of Ocoee
City Manager
150 North Lakeshore Drive
Ocoee, FL 34761
SECTION 15. NOTICES: DEFAULT. Each of the parties hereto shall give the other
party written notice of any default hereunder and shall allow the defaulting party thirty (30) days
from the date of its receipt of such notice within which to cure any such defaults or to
commence and thereafter diligently pursue to completion good faith efforts to effect such cure
and to thereafter notify the other parties of the actual cure of any such defaults.
SECTION 16. ASSIGNMENTS.
16.1 Assignments by the Developer. Except as expressly provided herein,
the Developer agrees not to assign or transfer any or all portions of this Agreement. The
allocation of Water Service Capacity granted to each Developer may be assigned, transferred,
leased, encumbered or disposed of consistent with the terms of this Agreement if and only if the
assignee pays all of the Utility's reasonable legal and administrative costs incurred in connection
with such Assignment, and assumes all of the duties and obligations of the assignor under this
Agreement.
16.2 Assignments by the Utility. The Utility shall have the right to assign
or transfer this Agreement, or the rights and responsibilities contained herein, to any properly
authorized commission, authority, corporation, or other public or private person, firm, or entity
without consent of the Developer.
16.3 Notice of Transfer of the Property. In the event the Developer
transfers Water Service Capacity in accordance with the provisions of this Agreement, the
Developer agrees to promptly provide proper written notice to the Utility of the actual date of
the legal transfer of Water Service capacity from the Developer to any other party. The
Developer making such transfer shall remain responsible for all costs and expenses, including
utility bills, which arise in the event that Developer fails to properly and promptly notify Utility.
16.4 Binding Agreement on Successors. This Agreement shall be binding
upon and shall inure to the benefit of the Developer, the Utility, and their respective successors
and assigns.
15
SECTION 17. RECORDATION. The parties hereto agree that this Agreement shall
be recorded in the Public Records of Orange County, Florida, at the expense of the Developer.
SECTION 18. APPLICABLE LAW. This Agreement and the provisions contained
herein shall be construed, controlled, and interpreted according to the laws of the State of
Florida.
SECTION 19. SURVIVAL OF COVENANTS. The rights, privileges, obligations
and covenants of the Developer and the Utility shall survive the completion of the work of the
Developer with respect to any phase and to the Property as a whole.
SECTION 20. SEVERABILITY. If any part of this Agreement is found invalid or
unenforceable by any court, such invalidity or unenforceability shall not affect the other part of
this Agreement if the rights and obligations of the parties contained therein are not materially
prejudiced and if the intentions of the parties can continue to be effected.
SECTION 21. RECOVERY OF COSTS AND FEES. In connection with any
litigation between the Utility and the Developer, including appellate proceedings arising out of
this Agreement or the violation of any law, rule, regulation, ordinance, resolution, or permit,
the prevailing party shall be entitled to recover from the other party reasonable attorneys' fees,
paralegal fees, and costs hereunder, whether incurred prior to, during or subsequent to such
court proceedings, on appeal, or during any bankruptcy proceedings.
SECTION 22. TIME OF THE ESSENCE. TIME IS HEREBY DECLARED OF
THE ESSENCE TO THE LAWFUL PERFORMANCE OF THE DUTIES AND
OBLIGATIONS CONTAINED IN THIS AGREEMENT.
SECTION 23. ENTIRE AGREEMENT. This instrument and its exhibits constitute
the entire Agreement between the parties and supersedes all previous discussions,
understandings, and agreements between the parties relating to the subject matter of this
Agreement. Amendments to and waivers of the provisions herein shall be made by the parties
in writing by formal amendment which shall be recorded in the Public Records of Orange
County, Florida at the Developer's expense.
SECTION 24. EFFECTIVE DATE. This Agreement shall first be executed by the
Developer and submitted to the Utility, along with the water capital charge referenced in Section
7 hereof, for approval by the Ocoee City Commission. Upon approval by the Ocoee City
Commission, payment of the water capital charges set forth in Section 7 hereof, and compliance
with the requirements of Section 10 hereof, this Agreement shall be executed by the Utility.
THIS AGREEMENT SHALL NOT GRANT ANY RIGHTS OR PRIVILEGES TO THE
DEVELOPER OR ENTITLE THE DEVELOPER TO ANY WATER SERVICE
CAPACITY UNTIL IT HAS BERN EXECUTED BY THE UTILITY AND RECORDED
IN THE PUBLIC RECORDS AS PROVIDED IN SECTION 17 HEREOF.
16
IN WITNESS WHEREOF, the Utility has caused this Agreement to be duly executed
the day and year first above written.
"UTILITY"
Signed, sealed and delivered CITY OF OCOEE,
in the presence of: a Florida municipal corporation
By:
Signature S. Scott Vandergrift, Mayor
Print/Type Name
Attest:
Jean Grafton, City Clerk
Signature (SEAL)
Print/Type Name
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
APPROVED AS TO FORM AND LEGALITY
this day of , 1994.
FOLEY & LARDNER APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING
HELD ON , 1994
By: UNDER AGENDA ITEM NO.
City Attorney
17
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 , 1994.
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):
18
IN WITNESS WHEREOF, the Developer has caused this Agreement to be duly
executed the _ day of , 1994.
"DEVELOPER"
Signed, sealed and delivered OPUS SOUTH CORPORATION,
in the presence of: a Florida corporation
By:
Signature
Name: Barry Greenfield
Print/Type Name Title: Vice President
Signature (CORPORATE SEAL)
Print/Type Name
STATE OF
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an officer duly authorized
in the State and County aforesaid to take acknowledgements, personally appeared Barry
Greenfield, as Vice President of OPUS SOUTH CORPORATION, a Florida corporation, who
[ ] is personally known to me or [ ] produced as identification,
and that he acknowledged executing the foregoing instrument on behalf of said corporation in
the presence of two subscribing witnesses freely and voluntarily under authority duly vested in
him by said corporation, and that the seal affixed hereto is the true corporate seal of said
corporation.
WITNESS my hand and official seal in the County and State last aforesaid this
day of , 1994.
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):
19
EXHIBIT "A"
(Page 1 of 2)
PARCEL 9
A PORTION CF THE NORT WEST QUARTER OF SECTION 32, TOWNSHIP 22 SOUTH, RANGE 28
EAST BEING MORE PARTICULARLY DESCRIEE.D.45 FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 22 SOUTH. RANGE 28
EAST; THENCE RUN SOUTI•: 89°5926" EAST, ALONG THE NORTH LINE OF THE NORTHWEST
QUARTER OF SAID SECTION 32, A DISTANCE OF 40.00 FEET, TO A POINT ON THE EASTERLY
RIGHT-CF-WAY LINE OF MAGUlP. ROAD; THENCE PUN SOUTH a :;'35" EAST, ALONG SAID
EASTERLYRIGHT CF-WAY LANE,A DISTANCE CF 1118.5.1 FEET; THENCE LEAVING SAID EASTERLY
RIGHT-CF-WAY LINE. RUN NORTH 89°53'36" EAST, 20.00 FEET TO THE POINT OF BEGINNING;
THENCE RUN NORTH 89°53'.36'EAST 2C0.CC FEET: THENCE PUN SOUTH CO221'35" EAST. 210.01
_ET, THENCE PUN NORTH 89°54'50"WES23:.0 FEET. THENCE RUN NORTH 00°21'35' WEST,
209.94 FEET TO THE PC/NT OF BEGINNING.
SAIL LANDS LYING IN THE CITY OF OCOEE, ORANGE`AUNTY, FLORIDA AND CONTAINING 0.964
ACRES MORE OR LESS.
TOGETHER V'✓ITH:
PARCEL. "C'
A PORTION CF THE NORTHWEST QUARTER CF SECTIC,N 32. TOWNSHIP 22 SOUTH, RANGE 28
EAST BEING MCRE PARTICULARLY DESCR!EEC AS FOLLOWS:
COMMENCE AT THE NORTiWEST CORNER CF SECT'ON 32, TOWNSHIP 22 SOUTH, RANGE 28
EAST; THENCE RUN SOUTH .19°59'26" EAST, ALONG THE NORTH LINE CF THE NORTHWEST
QUARTER CF SAID SECTION 32. A DISTANCE CF 40.00 FEET TO A POINT ON THE EASTERLY
RIGHT-OF-'WAY LINE OF MAG!JIRE ROAD; =HENCE PUN SOUTH 00`21'35" EAST ALONG SAID
EASTERLYRIGHT-OF-WAY LINE.A DISTANCE!.71--1118.56 FEET'THENCE LEAVING SAID EASTERLY
RIGHT--OF-WAY LINE, RUN NORTH 69°53'36" EAST, 20.00 FEET.' THENCE PUN SOUTH 00`21'35"
EAST, 279.94 FEET, TO THE:POINT OF!EGiNN:'NG; THENCE RUN NORTH 89°54'50'EAST, 212.50
FEET THENCE RUN SOUTH 00°21'25"EAST. 1:3.:0 FEET; THENCE RUN SOUTH 89°54'50" WEST,
212.50 FEET,' THENCE RUN NORTH on i'3_'Y..15r, 2:x.::0 FEET,, TO 17-:"E POINT CF EEG/NM/VG.
SAID LANDS LYING IN THE :ITY OF CCCEE, ORANGE COUNTY. FLORIDA AND CONTAINING 0.976
ACRES MORE OR LESS.
TOGETHER WT-l:
PARCEL "D"
A PORTION CF THE NCRT-1WEST QUARTER CF SECTION 32, TOWNSHIP 22 SOUTH, RANGE 28
EAST BEING MOPE PART7CULARLY DESCRIE AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER CF SECTION 22, 'TOWNSHIP 22 SOUTH. RANGE 28
EAST THENCE RUN SOU•'H e9'59'2C" EAST ALONG THE NORTH LINE OF THE NORTHWEST
QUARTER OF SAID SECTI';N 32. A DISTANCE OF 40.00 FEE7, TO A POINT ON THE EASTERLY
RIGHT-OF-WAY UNE OF MAGUIRE ROAD: 7.:NCE RUN SOUTH 0C'21'35' EAST, ALONG SAID
EASTERLYRIGHT-OF-WAYLINE,A DISTANCE OF"18.55 FET. THENCE LEAVING SA IC EASTERLY
RIGHT-OF-WAY UNE RU.r NORTH 9915336' EAST 20.0C FEET' THENCE RUN SOUTH 00°21'35"
EAST, 532.92 PEET TO 77-1E POINT OF BEGINNING; THENCE RUN NORTH 89354'50"EAST, 209.65
FEET; THENCE RUN SOUTH 00°21'35'EAST, 2''.0:FEET THENCE RUN NORTH 89°54'50" WEST,
209.65 FEET, THENCE RUN NCRTH 00°21'35" WEST, 217.00 FEET TO THE POINT OF BEGINNING.
SAID LANDS LYING IN THE CITY Of CCOEE.OP.ANGE COUNTY,FLORIDA AND CONTAINING 1.044
ACRES YORE CR LESS.
TOGETHER WITH:
EXHIBIT "A"
(Page 2 of 2)
PARCEL "E'
A POPTICN OF THE NORTHWEST CUARTER OF SEC77CN 32 TOWNSHIP 22 SOUTH, RANGE 28
EAST BEING MORE PARTIOLLARLY CESCR;BEDAS FOLLOWS:
COMMENCE AT THE NORTI-WEST CORNER OF SECTION 32 TOWNSHIP 22 SOUTH, RANGE 28
EAST; r-?ENCE RUN SOUTH 39"59'26" EAST ALONG THE NORTH _:.NE OF THE NORTHEAST
QUARTER OF SAID SECTIC,V 32, A DISTANCE C: 40.00 FEET, TO A POINT ON THE EASTERLY
RIGHT-CF-WAY LINE OF MAGUIRE ROAD; THENCE RUN SOUTH 00'21'35" EAST, ALONG SAID
EASTERLY RIGHT-OF-WAY L'NE,ADISTANCECF'118.56FEET•THENCE LEA VINO SAID EASTERLY
RIGHT-OF-WAY LINE, RUN IJCRTLI 89`53'36" EAST, 20.00 FEET, THENCE RUN SOUTH 00°21'35"
EAST, 909.92 FEET, TO THE POINT OF BEGINNING; THENCE PUN NORTH 89°54'50"EAST, 170.00
FEET; THENCE RUN SOUTH 00`21'35" EAST 215.00 FEET; THENCE RUN SOUTH 89°54'50"WEST,
170.00 FEET THENCE RUN,NORTH 00`21'35" WEST. 215.00 FEET TO THE POINT OF BEGINNING.
SAID LANDS LYING IN THE CITY CF OCOEE, ORANGE COUNTY, FLORIDA AND CONTAINING 0.839
ACRES MORE OP LESS.
TOGETHER WITH:
SHCPPING CENTER PARCr-,1
A PORTION OF THE NORTHWEST CUARTER OF SEC77CN 32, TOWNSHIP 22 SOUTH, RANGE 28
EAST BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 22 SOUTH, RANGE 28
EAST; THENCE RUN SOUTH 89°59'26" EAST, ALCNG THE NORTH LINE OF THE NORTHWEST
QUARTER OF SAID SECT'ON 32, A DISTANCE CF 40.00 FEET, TO A POINT ON T-iE EASTERLY
RIGHT--CF-WAY LIVE CF .. AG:!RE ROAD' T7-IEVCE RUN SOUTH 00°21'35• EASTT, ALONG SAID
EAS cRLYRIGHT-OF-WAYA DISTANCE CFII188.56FEET THENCE LEAVING SAID EASTERLY
RlGaHT-CF-WAY LINE, RUN NORTH 89°53'26" =4S7, 20.:0 FEET THENCE RUN SOUTH CO'21'35*
EAST, 209.94 FEET, TO T74I POINT OF BEGINNING; THENCE RUN NORTH 89°54'50"EAST. 400.00
FEET; THENCE RUN NORTH 00°21'35' WEST, 46.44 FEET; THENCE.RUN NORTH 89°38'25"EAST,
127.19 FEET, THENCE RUN SOUTH 4o'5:5'GE'EAS T, 104.14 FEET; THENCE RUN SOUTH 32°10'01'
EAST, 132.16 FEET THENCE RUN SOUTH 89°10'08" EAST. 60.92 FEET; HENCE RUN SOUTH
15°40'52" EAST, 303.09 FEET THENCE ,RUN SOUTH 00°13'34"EAST, 156.03 FEET; THENCE RUN
SOUTH 14°28'31' WEST, 96 05 FEET; THENCE PUN SOUTH 58°39'08" WEST, 23.48 FEET; THENCE
RUN SOUTH 51°38'25"EAS'; 21.00 FEET; THENCE RUN SOUTH 00°21'35'EAST, 1.00 FEET; THENCE
PUN SOUTH 89°38'25' WEST, 234.86 FEET; THENCE RUN NORTH 00°21'35" WEST, 1.00 FEET;
THENCE RUN SOUTH 89°33'25" WEST, 342.54 FEET• THENCE RUN SOUTH 00° 21'35"EAST, 5.85
FEET; THENCE RUN SCUT:4 89°54'50" WEST 170.00 FEET' THENCE RUN NORTH 00321'35"WEST,
60.00 FEET; THENCE RUN NORTH 8S°545C" EAS7 209.65 FEET; THENCE RUN NORTH 00°2135"
WEST, 217.00 FE='''' THENCE RUN SOUT7-1 39`54'5C" WEST, 209.65 FEET; THENCE RUN NORTH
00921'35" WEST, 152.58 FEET; THENCE RUN NORTH 89454'5C' LAS' 212.50 FEET; THENCE RUN
NORTH 00'21'35"WEST,20`:.00 FEET; THENCE RUN SOUTH 39°54'50"WEST 212.50 FEET; THENCE
RUN NORTH 00°21'35' WEST. 70.00 FEET, TO THE POINT OF BEGINNING.
SAID LANDS LYING IN THE CITY OF OCOEE,GRANGE COUNTY,FLOPJCA AND CONTAINING 10.212
ACRES MORE OR LESS.
JOINDER, CONSENT AND SUBORDINATION
The undersigned hereby certifies that
is the holder of a mortgage, lien or other encumbrance upon the above described property, and
that the undersigned hereby joins in and consents to the foregoing instrument by the owner
thereof and agrees that its mortgage, lien or other encumbrance, which is recorded in Official
Records Book , Page , in the original sum of$ , of the
Public Records of Orange County of Florida, shall be subordinated to the foregoing instrument.
Signed, sealed and delivered
in the presence of:
By:
Name Name:
Its:
Name (CORPORATE SEAL)
STATE OF FLORIDA )
COUNTY OF ORANGE )
THIS IS TO CERTIFY, that on this day of
199_, before me, an officer duly authorized to take acknowledgements in the State and County
aforesaid,personally appeared ,as
of who [ ] is
personally known to me or [ ] produced as identification, and that who
acknowledged that _he as the individual described in and who executed the foregoing
instrument and acknowledged the execution thereof to be his/her free act and deed as such
officer thereunto duly authorized, that the official seal of said corporation is duly affixed thereto.
IN WITNESS WHEREOF, I have hereunto set my hand and seal on the above
date.
NOTARY PUBLIC
Name:
My Commission expires:
c:\wp5 I\DOCS\OCOEE\OPUSDE V.W AT 1 5/26/94118 W015 I DPB;jod