859 Waterline Improvement O,-"FJC. iAL RECORDS
PAGE
SEPJNOLE CO..FL 2~ ~C :5 PIt
WATERLINE IMPROVEMENT AGREEMENT
THIS AGREEMENT ("Agreement") is made and entered into this ~" day of Cctobe~~,
2000, by and among CITY OF SANFORD, a municipality in the State of Florida ("City") with an
address of P.O. Box 1788 Sanford FL 32772-1788, FLORIDA STOR-A-WAY #1, LC a Florida
corporation (Stor-Away) with an address of 1399 West State Road 434 Longwood, FL 32750, TOM
OTTO and SARAH OTTO, husband and wife ("Otto") with an address of 11231 South Orange
Blossom Trail Orlando, FL 32837, and ACW INVESTMENTS, INC. a Florida corporation
("ACW") with an address of 1216 West Washington Street Orlando, FL 32805.
WHEREAS, Stor-Away is the owner of certain real property located in the City of Sanford,
Seminole County, Florida, more particularly described on Exhibit "A" attached hereto ("Stor-Away
Property");
WHEREAS, Otto is the owner or contract vendee of certain real property located in the City ~
of Sanford, Seminole County, Florida, more particularly described on Exhibit "B" attached hereto
("Otto Property") upon which it intends to develop a Goodyear retail service center;
WHEREAS, ACW is the owner or contract vendee of certain real property located in the City
of Sanford, Seminole County, Florida, more particularly described on Exhibit "C" attached hereto
("ACW Property");
WHEREAS, the Stor-Away Property, the Otto Property, and the ACW Property are dep~ctedI~~
on the sketch aRaehed hereto as Exhibit "D";
WHEREAS, Stor-Away, Otto and ACW desire to construct and install certain water lin~
improvements in the right-of-way areas servicing their respective parcels for the purpose of:::
providing City water service to such parcels and the improvements now or hereafter existing~
thereon; and
WHEREAS, the City is in favor of, and will contribute to the cost of, the construction of such
water line improvements, subject to the terms and conditions contained in this Agreement;
NOW, THEREFORE, in consideration of the premises contained herein, the parties hereto
hereby agree as follows:
1. Construction of Water Line Improvements. Stor-Away, Otto and ACW agree that
they shall have constructed the water line improvements that are more particularly described
hereinbelow, and further agree that they shall dedicate such water line improvements to the City
upon completion thereof. Such water line improvements shall be designed and constructed to City
and FDEP specifications. Such water line improvements shall be as follows:
A. Stor-Away Property. Stor-Away agrees that it shall cause such water line
improvements to be constructed and extended from its present terminus at West Gate Apartments
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' ' SEHI~'4OLE CO..FL
to ~e ~im where ~e line ~ll cross Up~a road to se~ice ~e Stor-Away prope~y, approximmely
742 feet, including ~e road crossing on Ups~a Road, as depicted on the sketch a~ched hereto as
Exhibit "D".
B. ~o Prope~. ORo agrees ~at it shall cause such water line ~pmvemems
to be cons~cted ~d extended from ~e poim it se~ices ~e Stor-Away property from ~e West
ROW on Ups~a Road No~ to H~.. 46 ~ence West m ~e West Prope~y Bo~d~ of ~e O~o
prope~ on H~. 46 appro~mately 595 feet, ~ depicted on ~e sketch a~ched hereto ~ Exhibit
C. ACW Prope~. ACW ~ees ~at it s~l ca~e such water line improvemen~
m be cons~cted ~d e~end~ from ~e no~we~ comer of ~e O~ Prope~y West ~ong HW. 46
m ~e se~ice te~in~ of ~e ACW Prope~, approximately 1,200 feet, as depicted on ~e sktch
aRached hereto ~ Exhibit "D",
The p~ies hereto agree ~at cons~ction of ~e water line improvements described above
s~l be conenced at ~e presem te~n~ on Ups~a Road on or before November 30, 2000, ~at
each p~'s improvemere con~ct sh~l pro~de for ~e en~e l~e m be completed ~ one con~uous
project; ~d ~at ~e entire line s~l be diligently p~sued to completion on or before J~ 30,
2001.
2. Costs of Cons~cfion. ~e a~ched E~ibit "E" is ~e en~neers estate of ~e cost
for ~e improvemen~ ~ ~ ~temate for ~ upgrMe m a 12" l~e. Wi~ 15 c~en~ days ~er
execution of ~s Agreemere Star-Away, ORo ~d ACW sh~l each ob~n one (1) bid (i.e.. ~ee
differera con~actors) from a con~actor licensed m do business in ~e State of Florid~ for
cons~ction ~d installation of~e entire water line improvement project. Each bid sh~l cohen
a total project cost, mge~er ~ a proram bm~do~ for each of ~e 3 septate po~ons of ~e
water line, ~d ~ alternate W up~de ~e entire line m 12". Each p~y sh~l submit a copy of its
bid to each o~er p~ ~d ~e CiW ~n ~e t~e period set fo~ heroin above. Wi~n (3)
b~ess days ~er ac~pm~ of bids ~e CiW s~l nofi& Stor-A~y, ~o ~d ACW of ~e lowest
bidder acceptable W ~e CiW.
Wi~ ~ee (3) b~ess ~ys ~er CiW notification of ~ccep~ble low bidder, Star-Away,
Otto ~d ACW sh~l each enter into a septate contact wi~ such ~ng con~actor for ~eir
respective potion of ~e water line improvements. Wi~in (5) business ~ys ~er City notification
of~e acceptable low bidder Stor-Away, ORo ~d ACW sh~l deposit into escrow, ~ ~ agreed
upon a~omey, ~e mo~t mq~md m complete ~eir pro-ram shoe of~e improvements(50% of
~eir respective ~nUact mo~). Draws W ~e con~acWr sh~l be p~d out of ~e escrow accost
following approv~ by ~e CiW. Star-Away, O~o ~d ACW sh~l each be responsible for fi~
percem (50%) of ~e connct costs ~sociated ~ ~eir respective po~on of ~e water line
improvemems. The CiW sh~l ~so be a p~y to each contact ~d sh~l be responsible for fifty
percem (50%) of ~e contract cost set fo~ in each conUact, ~d pay 100% of the cost to upgade
m a 12" line if ~e CiW elec~ m accept ~e ~temate. (in ~e aggregate, ~e ciW shall be responsible
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5EHINOLE CO.,FL
~d shs]] f~d 50% of the entire ~ater ]iae iaproveme.ts project cost ad ay additioa~ cost
~sociated ~ upgading to a 12" line). ~e Ci~ s~l m~e pa~ent to StoFA~y, ~o ~d ACW
sepmtely ~n (10)business ~ys ~er ~e entire project is completed for its shoe of the cost ~d
~y c~ge orders associated wi~ each p~ies portion of the waterline improvemems.
~y ch~ge orders shall be approved by ~e City ~d ~e p~y responsible for ~e poffion
of ~e line ~ected by ~e ch~ge. ~e CiW ~d ~e responsible p~ sh~l each pay for 50% of s~d
c~ge orders. ~y ch~ge order r~uir~ due m upgading ~e line m a 12"l~e sh~l be p~d 100%
by ~e CiW.
3. ~m ofP~es m T~e Over ~d Complete Improvements. In ~e event Star-Away,
Otto or ACW f~ls to cause ~e water line improvements m be co~enced ~&or cons~cted in
accord~ce wi~ ~e rams of ~is Agreement, or f~ls m comply ~ o~er mate~ terns of ~s
agreement, ~y p~y hereto may give ~Ren notice ~ereof to ~e defaulting p~ ~d if such
defa~t~g p~ h~ not c~ ~e defaffit ~t 15 c~end~ days ~om ~e date notice was sent, ~e
nofi~hg p~ shall have ~e right, at its option, m req~re the defaffi~ng p~ m deposit ~ ~e
CiW a sm of money equ~ m 50% of ~e mo~t ~at ~e con~actor sh~l estimate m be necess~
m complete such defaulting p~'s water l~e improvements. If ~e conuactom estimate does not
cover ~e cost m complete ~e wat~ line ~provements 50% of such ex~ ~st s~l ~so be ch~ged
m ~e defaffi~g p~. Upon ~e mlng of such deposit, the CiW ~&or ~e noticing p~ sh~l
· en have ~e right to enter upon ~e defaulting p~'s prope~ for ~e p~ose of causing ~e
con~actor m complete the water line improvements thereon, ~d shall use ~d apply such deposit
m pay such defaulting p~'s s~e of ~e cost m cons~ct such water line improvements. A
defa~ting p~'s obligation m deposit money M~ ~e CiW ~ req~red in ~s pmgaph sh~l be
specific~ly efforceable by ~e CiW or ~y non defa~fing p~ by m~dato~ injection or by ~y
o~er me~s or reme~es ~en av~lable ~der ~e la~ of~e State of Florida. ~e foregoing rights
~d reme~es stl be ~out prejudi~ m ~y o~er ~ghB or reme~es a p~ may have ~sing om
of or in co~ecfion ~ ~s Agreement. Liq~dated d~ages in ~e mo~t of one h~ed
doll~($100.00)per day s~l acme for each ~y ~e defa~ng p~ sh~l f~l m deposit 50% of ~e
mo~t ~t ~e con~actor shall estimate is necess~ m complete ~e defauking p~y' s waterline
improvements
4. Pemiffing ~d Design Costs. Star-Away, O~o ~d ACW sh~l cause to have ~eir
potion of~e wate~ine improvemems, ~ depicted on E~ibit "D" a~ached, m be designed by ~
engineer lice~ in ~e State Of Florida ~d sh~l pay all expemes ~sociated ~th ~e design ~d
permiting of such improvements. All peruits sh~l be ob~ned by November 20, 2000 m ins~e
t~ely completion of~e improvemenB. S~d p~es s~l ~ligently p~sue ~1 peruits req~red for
· e construction of ~e improvements. In ~e event ~y p~y sh~l default, ~e defaffiting p~
hereby ~si~s m ~e CiW ~1 desi~ products ~d ~1 peruits for its potion of~e improvements.
5. A~omeys Fees. In the event ~ere is litigation ~ a result of ~s agreement ~e
prevailing p~ s~l be entitled m recover iB aRomeys fees.
6. Accepmce by CiW. ~e CiW agees ~at ~ ~d when ~e water line improvements
~e cons~ucted ~d dedicated to ~e City, ~d a~er ~e CiW h~ accepted ~e dedication ~d
approved the cons~ction thereof, ~e City will ~em~er ~sme ~e obligation to maintain such
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OFFICJ,~,L
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395[;1609
SEMINOLE CO..FL
water line improvements; provided, however, all such water line improvements shall be covered by
a10% maintenance bond and warranty provided by the contractor and which shall be suitable to the
City, which shall provide coverage for any defects in such water line improvements that may become
apparent within two (2) years after acceptance by the City. The City shall require a Bill Of Sale and
all lien releases prior to final acceptance.
7. Recording Costs. Stor-Away, Otto and ACW agree that they shall equally pay to the
City, simultaneously with the full execution of this Agreement, the recording costs that may be
required in connection with filing this Agreement in the Public Records of Seminole County,
Florida.
8. Successors and Assigns. This Agreement shall be binding upon and shall inure to the
benefit of the successors and assigns of the parties hereto and shall run with the property described
herein and be binding upon any person, firm, corporation or other entity who may become the
successor in interest, directly or indimctiy, to all or any portion of the property.
9. Notice. All notices and other communications required or permitted to be given
hereunder shall be in writing and shall be mailed by registered or certified mall, postage prepaid,
retum receipt requested, addressed as first set forth hereinabove. Any party may change its address
for notices by written notice in like manner as provided in this paragraph and such change of address
shall be effective seven (7) days after the date notice of such change of address is given. Notice for
purposes of this Agreement shall be deemed given when it shall have been deposited in the mail by
the party who is giving such notice with sufficient postage prepaid.
1N WITNESS WHEREOF, the parties hereto have caused these presents to be executed in
the manner and form sufficient to bind them as of the day and year first written above.
WITNESS:
Its:' ~tJ2
Date:
FLORIDA STOR-A-WAY #1, LC
By:
Its:
Date:
gFFICI,kL ~
5E, ffiNOLE CO.'t~L
WITNESS:
TOM OTTO
~ Date: /~ '~
WITNESS:
SARAH OTTO
Date:
WITNESS:
Date:
5
~0~,~ PAGE
795 ! 611
STATE OF FLOEIDA $EHINOLE C0,,FL
The foregoing ins~ent was ac~owl~ged before me ~is ~ day of October,
2000by ~r, A. ~i ,~ M~ybr of
· e CITY OF SANFO~, am~cip~iW ~e State of Florida, on beh~f~ereof. He is persoily
~om to me, or h~ produced ~[A as identification, ~d
~e ~ oa~.
No~ Public, State of Flo~da
Print Nine: ~iane
~ exm~,~o~ My Co~ission Expires: d~e 15~
"~ ~T~NTIC~NDIN~CO,,I C,
STATE OF FLORIDA
COUNTY OF SEMiNOLE
· . AA~I~da
~) r,?.c~;7'a~ CoaissionNo.
~Z~','-~;2.~;:~;,~2~ My Co~ission Expires:
STATE OF FLO~DA
CO~TY OF SEM~OLE
~e foregoing insmere w~ ac~owledged before me ~is ~ q * ~ ~y of October,
2000 by TOM O~O. He is ~rson~ly ~o~ to me or h~ produc~ ~som Ij ~ as
identification, ad di&did not ae a oa~. '
~ic, State of Florida
P~ntNme:~DQ )~ m-
Comission No~ ~ e
My Coaission Expires:
OFFK;iAL F,;ELG~
BO,.,~, PAGE
395h 1612
SEMIHOLE C0.,FL
STATE OF FLORIDA
CO~TY OF SEM~OLE
~e foregoing ins~ent was ac~owledged before me ~is fi ~ ~ day of ctob~r,
2000 by SASH OTTO. She is personally ~o~ to me, or has produce~//~ ~f~
as identification, ~d di~did not ~e ~ oa~.
No~ Public, Smt~ of Florida
Co~ission No~g ~
My Co~ission Expires: / ~3 ~ ~
,,~ ~% ~gela M Rans~om
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me this ~d ~ day of October,
2000by Dc~c.~e'~ C. c,9~Cr~r'~ ,as ,ACf f~'~,,'-,~---~-'c of
ACW INVESTMENTS, INC., a Florida corporation on behalf thereof. He is personally known to
me, or has produced F~ ~c~ c ~ zs - ~s ~ ~ -~-~ - o as identification, and did/did
not take an oath.
Notary Public, State of Flora
~.n~a. mw.z PrintName: ~J
My Commission Expires:
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~1(~t=(1I~11~ ~ 0FF~C!AL ,~EqORDS
~ ~ ,,, P~GE
395h 1617
SEffiNOLE C0..FL
Holder Engineering Corpormlon
~NII en~neera I suntey~a
Post(:NflaeBcur 161726 PH: (407) 88g-2917
Alamorte ~ FiNf~ 32,716 FAX (407) 889-8499
October 20, 2000
ENGINEER'S COST ESTIMATE FOR
OFFSITE WATER:MAIN CONSTRUCTION FOR
FLA. STOR A WAY~ GOODYEAR, & TUFFY SITES
ITEM QUANTITY UNIT COST
10" PVC i950 LF $ 35,100.00
10" D.I. .550 LF $15,400.0b
8' PVC (under Upsala) 50 LF $ 1,000.00
FIRE HYDRANTS 3 LS $ 4,500.00
'MISC FITTINGS L~ LS $ 7,500.00
:OPEN CUT UPSALA ROAD I LS $ 5,000.00
OTHER ASPHALT / MISC LS LS $ 5.000.00
REPAIRS
!MAINTENANCE OF TRAFFIC I LS $ 3,000.00
.OVERHEAD & PROFIT (t5%) I LS. $ 11,475,00
TOTAL $ 87,975~00
.ALTERNATE 12" MAIN LINE 1 LS $20,000.00
LM)D'FOR JACK & BORE @ UPSALA 1 LS: $ 5,500.00