HomeMy WebLinkAbout1999 09 13 Consent Item D
COMMISSION AGENDA
ITEM
D
CONSENT
INFORMATIONAL
PUBLIC HEARING
REGULAR
x
September 13, 1999
Meeting
MGR
IDEPT
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Authorization
REQUEST: Utility Department Requesting Authorization to Enter into an Agreement for On-
Site Ownership and Maintenance of Water and Sewer Facilities for Courtney
Springs Apartments
PURPOSE: The purpose of this Board item is to enter into an ownership and maintenance agreement
for the water and sewer facilities at the Courtney Springs Apartments to define and limit
the responsibilities of the City with regards to maintenance.
CONSIDERATIONS:
This item is needed to memorialize the responsibilities of the City relative to the
maintenance of the water and sewer systems at the Courtney Springs Apartments. It also
provides the legal authority to access the facilities for maintenance in lieu of the extensive metes
and bounds easements that would have been needed on the plat.
The agreement transfers ownership of the water and sewer infrastructure, defines the
limits of maintenance responsibility, and excludes the City from being responsible for restoring
sidewalks, pavement, shrubbery, landscaping, signage or irrigation equipment within the
apartment complex.
RECOMMENDATION:
It is recommended that authorization to enter into an Agreement for On-Site
Ownership and Maintenance of Water and Sewer Facilities for Courtney Springs
Apartments be approved.
ATTACHMENTS:
1. Agreement for On-Site Ownership and Maintenance of Water and Sewer
Facilities for Courtney Springs Apartments
COMMISSION ACTION:
ATTACHMENT NO.1
AGREEMENT
FOR
ON-SITE OWNERSHIP AND MAINTENANCE
OF
WATER AND SEWER FACILITIES
FOR
COURTNEY SPRINGS APARTMENTS
THIS AGREEMENT, made and entered into this loth day of May, 1999, by and between Courtney
Springs Limited Partnership,a Florida limited partnership (hereinafter referred to as "the Developer") and
the City of Winter Springs, a Florida municipal corporation (hereinafter referred to as "the City").
WITNESSETH:
WHEREAS, the Developer is constructing Courtney Springs Apartments project subject to a plat
known as Tuscawilla Tract 15, Parcel I C, Plat Book Page of the Public Records of
Seminole County, Florida (hereinafter referred to as "Project") and
WHEREAS, the City .is responsible to provide potable and fire flow water and sewer services to the
Project; and
WHEREAS, the Developer will construct water distribution lines, sewage collection and
transmission lines and a sewage lift station (hereinafter referred to as the "the System I,,), which will be
dedicated to the City and in part will be located on private property, and
WHEREAS, the City herewith agrees to repair and maintain the System in accordance with the terms
of this Agreement.
NOW, THEREFORE, the parties hereby agree as follows:
1. The foregoing WHEREAS clauses are incorporated herein and made a part hereof.
2. The Developer shall construct the System or cause the System to be constructed at no cost to the
City. Prior to the commencement of such construction, the Developer shall submit (or cause to be submitted)
plans showing the proposed location of the System to the City, which plans must be reviewed and approved
by the City's engineers prior to the commencement of such construction. Upon completion of the
construction, the Developer shall provide (or cause to be provided) to the City "record drawings" showing
the location of the System under th is Agreement.
3. The City agrees to own, maintain and repair the System at City's sole cost and expense. The
City shall not be responsible for damage to improvements now or hereafter existing on the Project, including,
but not limited to, sidewalk, pavement, shrubbery, landscaping, signage or irrigation equipment and
machinery, which may result from City's access to or repair or maintenance of the System and if it is
necessary to excavate within the area of such System in order to repair or maintaIn same. However, damage
liability is limited to that which would reasonably be caused in the course of maintenance and/or repair.
'The System is specifically defined to include all water mains up to and including water meters,
sewer gravity lines to each point where services are connected and the lift station and forcemain in its
entirety, for the "record drawings" on file with the City for Courtney Springs Apartments.
Except in the case of damage exceeding that which is reasonable, specific to any maintenance and/or repair
effected. the City's only obligation shall be to adequately fill and compact any such excavation and return
the ground to pre-maintenance natural grade. The Developer hereby waives any rights it may now or
hereafter have to require the City to repair, replace, restore or improve the affected area beyond that
described in this paragraph, except as specified above.
4. This Agreement allows the right of reasonable access by the City and its assignees to enter the
Property to I) read any and all water meters and 2) any and all maintenance and repair activities, the latter
limited to a maximum width of 10' on both sides of any owned and/or maintained underground piping, and
excavation not exceeding a 2: 1 slope from the exterior of the lift station wet well, as shown on the approved
record drawings dated , 1999.
5. The City, when undertaking or contracting for scheduled or routine repairs or maintenance of
the System, shall coordinate all such work with the Developer, its heirs, successors and/or assigns, in good
faith and with reasonable effort to minimize both damage to all permanent improvements and disruption of
the operations of the Project. In the event of emergency repairs, such coordination, if not feasible, may be
suspended but the City should make good faith and reasonable efforts to minimize damage and/or disruption
to the operations of the Project.
6. This Agreement shall be considered to have the same force and effect as individually dedicated
utility easements and shall be used in lieu of such a document. The rights granted herein to the City shall
be perpetual, irrevocable and non-exclusive. A copy of this Agreement may be recorded in the Public
Records of Seminole County at the expense of the Developer.
7. All rights and benefits created by this Agreement shall inure to the benefit of both parties
hereto, their its successors and assigns, and all officers, agents, employees, suppliers, I icensees, and invitees.
All provisions of this Agreement shall bind both parties hereto, and their heirs, successors and assigns.
8. No modification, amendment or alteration of the terms or conditions herein shall be effective
unless contained in a written document executed by the parties hereto, with the same formalities and of equal
dignity herewith.
IN WITNESS WHEREOF, the parities hereto have executed and delivered this Agreement in two
(2) counterpart originals in Seminole County, Florida, on the respective dates under each signature.
Signed, sealed and delivered
in our presence as witnesses:
COURTNEY SPRINGS L.P.,
a Florida limited partnership
Signature: N
Printed Name: 0,.... ~A-'-'-C ~ ~
By: Courtney Springs Development, Inc., a
Florida corporation, its general partner
Signatu#/~dcL~
/'"" t,-
Printed Name: John A. Schaffer
Signature: ~'-'-""- "'~L~:~_
Title: Vice President
Printed Name:~,^f\-Ih~~ 1-ll:0,,-L,---
STATE OF FLORIDA
COUNTY OF SEMINOLE
NOTARY PUBLIC. STATE OF FLORIDA
DEBORAH J. MACKESY
COMMISSION' CC750121
EXPIRES '''Clf2OO2
BONDED THRU ASA 1-M1-HOTAAY1
The foregoing instrument was acknowledged before me this
John A. Schaffer, who is personally known to me and did not take an
My Commission Expires:
Serial No.
Signed, sealed and delivered
in our presence as witnesses:
CITY OF WINTER SPRINGS
Signature:
Signature:
Printed Name:
Printed Name: Paul P. Partyka
Signature:
Title: Mayor
Printed Name:
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me this _ day of 1999, by Paul
P. Partyka, Mayor of the City of Winter Springs, who is personally known to me and did not take an oath.
Notary Public, State of Florida
at Large.
My Commission Expires:
Serial No.
Approved as to form and content.
City Attorney
Revised: June 15, 1999
R:\Bill\wp\ WPDOC\C _ SPRING\EASELANG 2nd revision. WPD
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AGREEMENT
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ON-SITE OWNERSHIP AND MAINTENANCE .~- :~~
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WATER AND SEWER FACILITIES t~ ~?_
FOR ~"~ ' `-
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COURTNEY SPRINGS APARTMENTS ~"
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THIS AGREEMENT, made and entered into this 10''' day of May, 1999, by and between Courtney
Springs Limited Partnership ,a Florida limited partnership (hereinafter referred to as "the Developer") and
the City of Winter Springs. a Florida municipal corporation (hereinafter referred to as "the City").
WITNESSETH:
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WHEREAS, the Developer is constructing Courtney Springs Apartments project subject to a plat -~ n~
known as Tuscawilla Tract 15, Parcel 1C, Plat Book Page of the Public Records of~ ~o
Seminole County, Florida (hereinafter referred to as "Project") and ~ c~c i
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WHEREAS, the City is responsible to provide potable and fire flow water and sewer services to theme "~~
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Project; and - ~~
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v'i r-Ti ~
WHEREAS, the Developer will construct water distribution lines, sewage collection ands ~r-
transmission lines and a sewage lift station (hereinafter referred to as the "the System'"), which will be
dedicated to the City and in part will be located on private property, and
WHEREAS, the City herewith agrees to repair and maintain the System in accordance with the terms
of this Agreement.
NOW, THEREFORE, the parties hereby agree as follows:
;.J
1. The foregoing WHEREAS clauses are incorporated herein and made a part hereof. u, ~ °~
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2. The Developer shall construct the System or cause the System to be constructed at no cost to then
City. Prior to the commencement of such construction, the Developer shall submit (or cause to be submitted) rn ~;
plans showing the proposed location of the System to the City, which plans must be reviewed and approved o O ~c
by the City's engineers prior to the commencement of such construction. Upon completion of the :,, Cc7 ~c
construction, the Developer shall provide (or cause to be provided) to the City "record drawings" showing'- -~ "v
the location of the System under this Agreement. ~
3. The City agrees to own, maintain and repair the System at City's sole cost and expense. The
City shall not be responsible for damage to improvements now or hereafter existing on the Project, including,
but not limited to, sidewalk, pavement, shrubbery, landscaping, signage or irrigation equipment and
machinery, which may result from City's access to or repair or maintenance of the System and if it is
necessary to excavate within the area of such System in order to repair or maintain same. However, damage
liability is limited to that which would reasonably be caused in the course of maintenance and/or repair.
'The System is specifically defined to include a!I water mains up to and including water meters,
sewer gravity lines to each point where services are connected and the lift station and forcemain in its
entirety, for the "record drawings" on file with the City for Courtney Springs Apartments.
Except in the case of damage exceeding that which is reasonable, specific to any maintenance and/or repair
effected, the City's only obligation shall be to adequately fill and compact any such excavation and return
the ground to pre-maintenance natural grade. The Developer hereby waives any rights it may now or
hereafter have to require the City to repair, replace, restore or improve the affected area beyond that
described in this paragraph, except as specified above.
4. This Agreement allows the right of reasonable access by the City and its assignees to enter the
Property to 1) read any and all water meters and 2) any and all maintenance and repair activities, the latter
limited to a maximum width of 10' on both sides of any owned and/or maintained underground piping, and
excavation not exceeding a 2:1 slope from the exterior of the lift station wet well, as shown on the approved
record drawings dated , 1999.
5. The City, when undertaking or contracting for scheduled or routine repairs or maintenance of
the System, shall coordinate all such work with the Developer, its heirs, successors and/or assigns, in good
faith and with reasonable effort to minimize both damage to all permanent improvements and disruption of
the operations of the Project. In the event of emergency repairs, such coordination, if not feasible, may be
suspended but the City should make good faith and reasonable efforts to minimize damage and/or disruption
to the operations of the Project.
6. This Agreement shall be considered to have the same force and effect as individually dedicated
utility easements and shall be used in lieu of such a document. The rights granted herein to the City shall
be perpetual, irrevocable and non-exclusive. A copy of this Agreement may be recorded in the Public
Records of Seminole County at the expense of the Developer. W
7. All rights and benefits created by this Agreement shall inure to the benefit of both parties CO ~.'
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hereto, theirfts successors and assigns, and all officers, agents, employees, suppliers, licensees, and invitees. o
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All provisions of this Agreement shall bind both parties hereto, and their heirs, successors and assigns. m .`
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8. No modification, amendment or alteration of the terms or conditions herein shall be effective ~ 'T
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unless contained in awritten document executed by the parties hereto, with the same formalities and ofequal ~ .~- ~~
dignity herewith. -~-~
IN WITNESS WHEREOF, the parities hereto have executed and delivered this Agreement in two
(2) counterpart originals in Seminole County, Florida, on the respective dates under each signature.
Signed, sealed and delivered
in our presence as witnesses:
Signature: c _
Printed Name: ~~'+• ~'t`A'~-+-~ ~•*s,s -~/~-
Signature: i ~~~~
COURTNEY SPRINGS L.P.,
a Florida limited partnership
By: Courtney Springs Development, Inc., a
Florida corporation, its general partner
Signature: ~ _ ~-G-~. c~
Printed Name: John A. Schaffer
Title: Vice President
Printed Name:~~,,,~~ ~,~ ~~;;,;~~.~
STATE OF FLORIDA
COUNTY OF SEMINOLE ~(..
The foregoing instrument was acknowledged before me this _~,'` J day of 1999 by
John A. Schaffer, who is personally known to me and did not take an h.
tc, tate of F ida
at ge.
NOTARY PUM.IC -STATE OF FLORIDA
oeeoRAH,.Iw,clc~sY M Commission Ex fires:
col~ISSION r ccTSO,si y p
EXPIRES inOf20p2
dONDEO THRU ASA 1~~IOTARYI
Serial No.
Signed, sealed and delivered t ~ ~ "~ !~•~~'~
in our presence as witnesses: CI Y O WIN NGS
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Signat e: ~ ~ ~ Signature: ~ ~ J'
~~ - J . ` ~ _
Printed Name~LYu,(~~Q- L_~~~1~- lam.-~~' Printed Name: Paul P. Partyka ~ ~~J,~ 1
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Signature: Title: Mayor ~~' ~~~ ';~ ••'
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Printed Name`1 Gn Ice_ 1~G ~, `n C~ ~~'~
STATE OF FLORIDA m
COUNTY OF SEMINOLE a
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The foregoing instrument was acknowledged before me this ~ day o ,~~- 1999, by Paul m
P. Partyka, Mayor of the City of Winter Springs, who is personally own o and did not take an oath. c
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Notary ubli , S e of Florida
~+~''+y, nrrly R tcvlnp~ at Large.
*>kMr comn,~,lp, ~eeze2a
~,.,,~ ~PM~esqua„q 12• X003 My Commission Expires:
Serial No.
Approved as to form and content.
City Attorney
Revised: June 15, 1999
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The foregoing instrument was prepared by Kipton D. Lockcuff, P.E.
City of Winter Springs, Florida. 1126 East S.R. 434 Winter Springs, FL 32708
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