HomeMy WebLinkAbout2005 08 22 Consent Item 208- Agreement w/MSE Systems for Erosion Control/Bank Stabilization 1447 to 1451 Creekside Circle
COMMISSION AGENDA
ITEM 208
Consent X
Information
Public Hearing
Regular
August 22. 2005
Meeting
1
MGR. 1/"
,
/Dept.
jIY
REQUEST: The Public Works Department/Stormwater Division requests authority from
the City Commission to enter into an agreement with MSE Systems to provide
emergency construction services for the Erosion Control and Bank Stabilization
Improvements at Howell Creek located at the properties 1447 to 1451 Creekside
Circle in the amount of $47,738.30.
PURPOSE: The purpose of this agenda item is to request authorization to enter into an agreement
with MSE Systems in the amount of$47,738.30 for the Emergency Erosion Control
and Bank Stabilization Improvements at Howell Creek located at the properties,
1447 to 1451 Creekside Circle. This project is one of several projects receiving
funding assistance from the Natural Resources and Conservation Service.
CONSIDERATIONS:
~ The agenda item is needed to commence the emergency construction of the Erosion Control
and Bank Stabilization Improvements at Howell Creek at 1447 to 1451 Creekside Circle.
~ On December 17, 2004, the City Commission approved a project agreement between the
City and the Natural Resources and Conservation Service (NRCS) through its Emergency
Watershed Protection Program that allocates funding for projects of this type created by
natural disasters like the hurricanes of 2004.
~ Under the City's agreement with NRCS, funding was allocated for eligible City and private
properties' projects with the provision of seventy-five percent (75%) of the cost of each
project from NRCS. The City or private property owners / entities are responsible for
twenty-five percent (25%) of the cost of each project in the form of cash or in-kind services.
This project is located on private property and thus the property owners are responsible for
twenty five percent (25%) ofthe cost. The City requires that the 25% be paid in cash to the
City prior to commencement of construction.
August 22, 2005
Consent Agenda Item 208
Page 2
~ The construction cost for the project is $47,738.30. NRCS will provide 75% of the actual
construction cost, or $35,803.73 (0.75 x $47,738.30). The three property owners at 1447 -
1451 Creekside Circle will provide 25% or $11,934.57 (0.25 x $47,738.30). Please refer to
Attachment 1 for a detailed scope of work for the project.
~ The City is the sponsor of all projects in the agreement with NRCS, including any projects
on private properties meeting the NRCS funding eligibility criteria. The City will have to
advance the seventy five percent (75%) portion, or $35,803.30 ofthe construction costs, and
will be reimbursed thereafter by NRCS. The property owners at 1447 to 1451 Creekside
Circle will provide the City in cash the twenty five percent (25%) or $11,934.57.
~ Project construction must be completed by September 30, 2005 in order to receive the full
amount of available NRCS funding. The property owners will be responsible for any
construction costs after September 30,2005. A project agreement has been drafted and will
be signed by all ofthe affected property owners (see Attachment 2).
~ Over the past several months, a number of projects both on public and private properties
were considered for possible NRCS funding. Projects given consideration on private
property include similar creek bank erosion issues in Hacienda Village, Tuskawilla Country
Club, and Pebble Beach in the Highlands. The project in Creekside Circle has moved
forward because the residents were willing to fully fund their required 25% portion of the
construction cost. The private property owners for the other proposed projects did not
provide this same funding commitment, which in some cases was substantially higher than
the $11,394 being paid by the Creekside Circle property owners.
FUNDING:
The funding required for the seventy five percent (75%) portion or $35,803.30 of the
construction costs would be loaned from the Stormwater Utility fund balance. The twenty five
percent (25%) or $11,934.57 will be provided in cash to the City by the property owners at 1447 -
1451 Creekside Circle.
RECOMMENDATIONS:
It is recommended the Commission authorize the City Manager to enter into a contract with
MSE Systems in the amount of $47,738.30 for the Erosion Control and Bank Stabilization
Improvements at Howell Creek located at the rear of the properties, 1447 - 1451 Creekside Circle
and appropriation to advance $35,803.30 from the Stormwater Utility fund balance.
IMPLEMENTATION:
The work is to be completed by September 30,2005.
A TT ACHMENTS:
Attachment 1 - Proposal from MSE Systems dated August 12, 2005
Attachment 2 - Project Agreement between the City and property owners
COMMISSION ACTION:
MSlI SYSTEMS
-
603 Verona Street. Kissimmee, FL 34741 Ph: 407.931.1221 · Fax: 407.931.1222
E-mail: msesys@aol.com
Erosion Control Protection - Supply and Installation Quote
REVISED 08/12/05
Phone #:
Fax#:
407-325-7651
407-949-3101
Estimator:
Date:
Creek Side Circle
Winter Springs, FL.
MSE# 845 - Additional
REVISED 08/12/05
Joseph Rodriguez
July 27, 2005
To:
Address:
Gladys Franco
1447 Creek Side Circle
Winter Springs, FL. 32708
Project:
Location:
MSE Sys:
MSE Systems will provide a crew to Supply and Install the following items:
Description
Estimated Otv
Unit Price
Total
Erosion Control Protection
+/- 120 linear feet
$143.34/lf
$17,200.80
ALLOWANCE for Clearing and planting ground cover (with Jasmine and Ivy)
$ 1,500.00
ALLOWANCE for Cypress Trees planting (Includes sono tube)
$ 1,300.00
ALLOWANCE Sod replacement (at access areas where sod gets damaged due to work) $ 2,250.00
.
TOTAL
$22,250.80
Please note the following on this quotation:
1. The material included for the Erosion Control protection is Rip Rap (6" to 12" Stone &
Rubble Concrete).
2. The Erosion control protection consists in the installation of +/- 5 feet of RIP RAP as
illustrated on attachment '~".
3. The Erosion Control protection will be installed at Gladys Franco's property and adjacent
properties as shown on attachment "B". The Erosion Control protection to be installed has an
approximate length of 120 feet.
4. This quotation includes an Allowance of $1,500.00 for Landscaping. This activity consists in
clearing, preparing and planting the ground cover with Jasmine and Ivy.
fir
ASSOCIATED BUILDERS
AND CONTRACfORS, INe.
Building Quality With A Commitment To Safety, Productivity & Integrity
Member
MSE# 845 Erosion Control Protection - Supply and Installation Quote
Creek Side Circle @ Winter Springs, FL. Page two, August 12, 2005
Continued,
5. This quote also includes an Allowance of $1,300.00 for Cypress Trees planting. The
allowance includes handling the trees from drop off location (as close as possible to planting
area) to planting location; preparation of planting zone; purchase & installation of the sono
tubes that will be cut and perforated (holes for roots) and planting of the Cypress trees. The
Cypress trees will be provided by City of Winter Springs.
6. There is an Allowance of $2,250.00 for Sod replacement. The Sod to be replaced is only for
the access areas that will get damage due to the traffic of equipment and crew. This allowance
includes a maximum of 5 pallets of Sod and the labor involved to set up the Sod.
7. MSE Systems shall be reimbursed for any charges incurred over the Allowances and the
payment terms will be the same as the Proposal Terms listed below.
8. This quotation includes sales tax only; any other taxes, duties, licenses, permits, bonds or fees
that may be ~pplicable to this project are ~ot included in this quotation.
9. The price includes delivery of Materials to the project site; as well as, Equipment & Crew
mobilizations.
10. This price is subject to change 90 days after the date on this proposal.
11. The Owner is responsible for ensuring the access to work area.
12. The Owner shall provide all the necessary information for scheduling the utilities location
prior to excavation. Information required includes but is not limited to Legal description of
the property; Owner's information; etc. Utilities location for excavation takes +/- 48 business
hours from the date that ticket is issued.
13. MSE Systems, Inc. will clean up only the work area and will dispose the debris and
construction waste.
14. Owner will be responsible for removing any belongings, including but not limited to chairs,
BBQ's, tables, pool items, detachable plants, pet's items, etc; from the work area during the
construction.
This quotation does not include Surveying, Landscaping, Irrigation system, Pavers, Fences,
Handrails, Dock repairs, Drainage structures, Drainage pipes and Dewatering, if required. This quote
also excludes any permits, bonds, duties or any other items not specifically mentioned in this
proposal. Additional work will be negotiated on an item-by-item basis and will be performed after
receiving a written agreement and directive.
MS~
I.
1- S Y S T EMS 603 Verona SIreI'I " Kissimmee, FL 34741- Phonc407.931.1221- Fax: 407.931.1222
MSE# 845 Erosion Control Protection - Supply and Installation Quote
Creek Side Circle @ Winter Springs, FL. Page three, August 12, 2005
Proposal Terms
1. Mobilization is 10 % of the contract value and is due upon mobilization of equipment,
crew and materials.
2. Partial payments, if applicable, are due 5 days after the invoice is submitted to the
Owner.
3. Final payment is due upon completion and acceptance of work by the Owner.
4. The total price is based on the performance of all the scope. Contract value may be
subject to adjustments if scope of work change.
5. Both parties agree to resolve all disputes by arbitration in accordance with Construction
Industry Arbitration Rules of the American Arbitration Association.
. .
6. This quotation must be signed before in order to schedule any work for this project.
Upon acceptance of this quote, the Owner will commit to all conditions and terms listed above.
Accepted this
day of
, 2005; by:
Owner's Signature:
Owner's Name:
Owner's Signature:
Owner's Name:
MSE Systems' Representative Name:
MS..:
I ~~
11 S Y S T EMS 603 V""",, S"", . K;,,;mm". FL34741 . Ph,,",., 407. 931.ml . F"d07 93 Ii 222
en
~
W
I-
en
>
en
1.""*'1' ,
...,.~" .'''' ,......'... ....~.,.
:C 'i;ik~
.~' ,"-
~"'I
~
s
o
~
"0
ro
@)
'"
~
(I)
'"
S
*
Q)
U
....
(3
Q)
-0
U5
~
Q)
~
()
*
....
(I)
(I)
t:J
r:/:J
ro
~
o
....
Cl)
;>
C')
o
\0
e
.Q
1:5
.8
o .
Q:U:
ro -
e e lJ)-
..g e g>
._ 0'-
:g ~ () 5-
<(oe(/)
I ~ .Q Qj
l[)..-lJ)+-'
","..-oe
CX)roUJ~
:j;j; ......g
WQj~:P
(/)+-''Q~
~8Q:.3
.
.
~
.
....~
z~
w~
~(/)
J:~
00
<(2
....
....
<(
Q)
N
'w
ro
.0
>-
.0
-0 lJ)
Q) Ol
-0 e
.:;: 'C
o Q.
....(/)
Q.....
lJ) Q)
Q)e
~~
lJ).....
lJ) 0
~~
~()
()
.....
o
o
Q) ....
.0 e
:J 0
1--0
o Q)
e lJ)
o ro
(/).0
Q)
.0
:J
.....
.....
o
Q)
N
~
~Q)
Q).....
e Q)
e... 0 ....
<(.....0
lJ) e
0::: = 0
e...~()
o::O~
......0
_ .0
(o:J
~o:::
l[)
N
I
--
+
I
--
+
Ole...
.S <(
tlO:::
'x e...
W-
0:::
lo
I
+-
en
~
w
...
en
>
en
III
1.-:----.
U)
:?1
s
o
~
'0
<d
@)
'"
;>.
'"
<l)
'"
s
*
N
N
N
......
I
......
(<)
0-
I
t-
O
'<t
~
~
*
N
N
......
I
......
(<)
0-
I
t-
O
'<t
..i:i
I=l-.
*
......
'<t
t-
'<t
(<)
....i
~
*
<l)
.i
'"
'"
i2
Q)
u
...
()
Q)
-0
i:i5
~
Q)
Q)
...
()
*
.....
<l)
<l)
.t:J
r/J
<d
;:::
o
.....
<l)
>-
(<)
o
\0
c
o
:;::;
()
Q)
......
e.-J
o...LL
ro aui
C ..P rn
.Q c c
~ o'c
-0 l!) () 0..
-o8c(f)
<(NO'"
I -.... .- Q)
LON(/)C
v~e5
cocoW>
c
:it t.Q
.. Q) ......
ill Q) .~ ro
(f)roeg
~oo...-l
.
al
:
f-
Z
W en
~ I-
:I: 6
U
e:(
f-
'f-
e:(
Cl)
(j
...
o
Cl)
:E
en
~
Cl)
Cl)
...
o
~>-
0:::1-
00:::
~~
(!)O
iLiO:::
~Q.
o
N
I
--
+
o
l!)
I
--
+
~
0:::>-
~~
..,JLu
<:(Q.
LuO
~~
0:::
o
LO
I
--
+
CI)
o
0>-
~I-
~~
~O
Q~
<:(
..,J
(!)
~
rn
c
c
'm
......
Q)
0:::
/1
)))
::s::
w
w
~(((
(((
MSlI SYSTEMS
.-
. .
603 Verona Street · Kissimmee, FL 34741
Segmental Retaining Wall & Erosion Control
Supply and Installation Quote
REVISED 08/11/05
Ph: 407.931.1221 · Fax: 407.931.1222
E-mail: msesys@aol.com
To:
Gladys Franco & Rene Alter
Project:
Creek Side Residences
Address:
1447 & 1449 Creek Side Circle
Winter Springs, FL. 32708
Location:
MSE Sys:
Winter Springs, FL.
MSE# 845
REVISED 08/11/05
Joseph Rodriguez
October 22, 2004
Phone #:
Fax#:
407-325-7651 /407-427-3563
407-949-3101/407-838-1601
Estimator:
Date:
MSE Systems will Supply and Install the listed items for the following price:
Description Estimated Otv
U nit Price
Subtotal
Segmental Retaining Wall +/- 150 square feet
(at Gladys Franco residence)
Block Type: Anchor Diamond Pro
Block Finish: Straight or Beveled
Block Color: GREY
$37.50/sf
$ 5,625.00
Segmental Retaining Wall +/- 175 square feet
(at Rene Alter residence)
Block Type: Anchor Diamond Pro
Block Finish: Straight or Beveled
Block Color: GREY
$37.50/sf
$ 6,562.50
Erosion ControllRip Rap +/- 300 square feet
(at base of SR W)
$32.00/sf
$ 9,600.00
ALLOWANCE for 4 Yard drains & Drainage pipes (down the slope)
$ 1,000.00
ALLOWANCE Disposal Fee allocation (includes R.R. Ties, Fence and Wood Wall)
$ 500.00
ALLOWANCE Demolition existing Fence and Materials & Installation PVC Fence $ 2,200.00
TOTAL
$25,487.50
ASSOCIATED BUILDERS
AND CONTRACTORS, INe.
Building Quality With A Commitment To Safety, Productivity & Integrity
Member
MSE# 845 REVISED - SRW & Erosion Control - Supply & Installation Quote
Creek Side Residences @ Winter Springs, FL. Page Two, August 12, 2005
General Notes:
1. The price includes delivery of materials to the project site, as well as, the equipment & crew
mobilizations.
2. This quotation includes sales tax only; any other taxes, duties, licenses, permits, bonds or fees
that may be applicable to this project are not included in this quotation.
3. The unit prices are based on the contract for all the items. Ifthe items are taken separately, the
unit price may be adjusted.
4. This price is subject to change 90 days after the date on this proposal.
Please note the following for the Materials:
1. This quote includes the following materials for the Segmented Retaining Wall: SRW Block,
SRW Caps, Geogrid, Filter fabric, Sand fill (maximum 4 truck loads) and gravel.
2. MSE Systems will provide Shop Drawings for the Segmental Retaining Wall, signed and
sealed by a Professional Engineer registered in Florida. (Already provided)
3. The materials included for the Erosion Control Structure are Rip Rap, Geogrid, Filter fabric
and Sand fill (+/- ~ truck load).
4. This quotation includes an Allowance of$i,OOO.OO for up to 4 yard drai~s, the perforated pipe
behind the wall (located approximately every 20' o.c.) and the labor required. See detail on
attachment "A".
5. There is an Allowance of $2,200.00 for the PVC Fence. This includes the PVC Fence Panels
(approximately 10), the posts (approximately 12), the concrete for the posts and the labor for
demolition of existing fence & installation of PVC fence.
Please note the following for the installation portion of this quotation:
1. This quote includes an Allowance of $500.00 for the Disposal of the R.R. ties, the existing
fence and wood wall. This allowance includes the transportation and drop off fees involved at
dump yard.
2. Owners will be responsible for providing with all the information required to schedule the
utilities location prior to excavation. The information required includes but is not limited to
the legal description of the property, permit information, etc. The utility location is usually
performed 48 hours after the ticket is issued.
MSlf:
I . ,i
11 S Y S T EMS 603 V,,,,,,, S"wl . K;'.,;""",,.FL3474/ . /,h""d07 93/./221 . F,dOl.93/./222
MSE# 845 REVISED - SRW & Erosion Control - Supply & Installation Quote
Creek Side Residences @ Winter Springs, FL. Page Three, August 12, 2005
3. MSE Systems will excavate as needed at the section where the Segmental Retaining Wall will
be constructed.
4. The location of the Segmental Retaining Wall (SRW) and Erosion Control Structure included
in this proposal are based on the visual inspection done. Per this inspection, the SR W starts at
Gladys Franco's property and ends at Rene Alter's property. See attachment "A"
5. The SR W has an approximate length of 60 linear feet. Please refer to attachment "A".
6. For the Segmental Retaining wall, MSE Systems, Inc. will establish a leveling pad, place the
SRW Blocks, the filter fabric, Geogrid soil reinforcements, the drainage gravel, the pipe
behind the wall and the Sand fill. The Sand fill will be placed and compacted from the
drainage gravel to the end of the soil reinforcements. See attachment "B".
7. For the Erosion Control protection at Gladys Franco's property; MSE Systems will compact
the area directly behind the existing Concrete Masonry Unit (CMU) Retaining Wall; place the
. filter fabric, the Geogrid soil reinforcement and place rubble concrete Rip Rap bemnd the
CMU wall. The placement of the Rip Rap will include layer of Geogrid in 1.5-foot lifts. See
attachment "C".
8. The Erosion control protection at Rene Alter's property consists in the placement ofRlP RAP
at the toe of the slope directly in front ofthe SRW. Please see attachment "A".
. .
9. Owners will be responsible for dewatering if needed for the construction of the Retaining
Wall and the Erosion Control protection.
10. MSE Systems shall be reimbursed for any charges incurred over the Allowances and the
payment terms will be the same as the Proposal Terms listed below.
11. MSE Systems, Inc. will clean up only the work area and will dispose the RR Ties & the
construction debris.
12. Owners will be responsible for removing any belongings, including but not limited to chairs,
BBQ's, tables, detachable plants, pet's items, etc; from the work area during the construction
of the walls.
This quotation does not include Surveying, Landscaping, Irrigation, Pavers and Railing. It also
excludes Dewatering (if required) and any coating for the Segmental Retaining Wall and the Erosion
Control Structure. This quote does not include any bonds, permits or any other items not specifically
mentioned in this proposal. Additional work will be negotiated on an item-by-item basis and will be
performed after receiving a written agreement.
MS~
III
I~ S Y S T EMS 603 Verona Street- Kissimmcc, FL 34741- Phonc:407.931.1221- Fax: 407. 931. 1222
-
MSE# 845 REVISED - SRW & Erosion Control- Supply & Installation Quote
Creek Side Residences @ Winter Springs, FL. Page Four, August 12, 2005
Proposal Terms
1. Mobilization is 10 % of the contract value and is due upon mobilization of equipment,
crew and materials.
2. Partial payments, if applicable, are due 5 days after the invoice is submitted to the
Owner.
3. Final payment is due upon completion and acceptance of work by the Owner.
4. The total price is based on the performance of all the scope. Contract value may be
subject to adjustments if scope of work change.
5. Both parties agree to resolve all disputes by arbitration in accordance with Construction
Industry Arbitration Rules of the American Arbitration Association.
6. This quotation must be signed Before in order to schedule a'ny work for this project.
Upon acceptance ofthis quote, the Owner will commit to all conditions and terms listed above.
Accepted this
day of
,2005; by:
Owner's Signature:
Owner's Name:
Print
Owner's Signature:
Owner's Name:
Print
MSE Systems' Representative Name:
MS..:
III
I- S Y S T EMS 6m Verona Street. Kissimmee. FL 3474/ - Phone:407.931.l221- Fax: 407. 931.l222
- .
~ It) It)
I- .... 0
Z <0 0
W 'It '"
::;; w (;i
J: In ~
0 ::;; 0;
<l:
l-
I-
<l:
Cl)
o
c
Cl)
'a
'0
Cl)
0::
~
Cl)
~ Q)
Cl).c~
COin
Cl)~o
o::~...
0/5(1)(5
o .s
(,)
C
f!
u.
I/)
>-
'a
ell
(5
en .
:2E
w
....
en
>
en
lill;!;1
~'
N
~N
....N
t- ~
~.!-
'"
~~
. -0
"....
" ""
E x
E~
"in ..
u>
:;::c:::;
-N
.. ~ ~
~'"
w'"
11l":'
co
0....
~ ~
'" 0
o.c
<on.
oS
"ji "0
"0 "
" .c
C <.)
I1l :0
(i E
-0 "0
C
" I1l
<.) >-
I1l
(i Z
[I;'
. .
. .
. .
. . .
. . .
. .
, . -tl
. . '"
. ",Vi
. .
. . 'S ~
. .
. . '" <ll
~ ...
. t.J
. s::
. . c
. . v "
. . 0>
. . I1l
. /~
.
. .
. . "E
. . I1l
. . >-
. .
. .
..
.;:
~
l:
<ll
~
'r:;
<ll
~
C
v
l:
l.:
~
~
~
l::l
G
~
l:
~
.~
~
l..
~
~
<ll
l:
<ll
~
10
n. 0-
m
~ a::
0-
n. i:.2
i:.2
>-
Q).o
g~~
Q) 0 C
u.. m Q)
0lCi.u..
--~---_. E [I;' ~
.~ Q) CL
X.o
w.8
"0
ro
>-
-0
Q)
~Q)
0-0
Q) C
~ I1l
Q) :;:
.0 0
.8;'{
;~
MSlI SYSTEMS
- .
603 Verona Street. Kissimmee, FL 34741
ATTACHMENT " B "
SETBACK/SA TIER-'-
WALL HEIGHT
TO
CREEK
-d
LEVELING PAD
Ph: 407.931.1221 · Fax: 407.931.1222
E-mail: msesys@aol.com
PIPE
STRUCTURAL
GEOGRID
.... If
RErNFORCED
FILL I
~
. /
FILTER I
FABRIC ...
(GRAVEL)/
I
12"MIN. DRAINAGE FILL
----~----J_______
SEGMENTED RETAINING WALL
(NOT TO SCALE)
TYPICAL CROSS SECTION
fit
ASSOCIATED BUILDERS
AND CONTRACfORS, me.
Building Quality With A Commitment To Safety, Productivity & Integrity
;EXCAVATION
LIMITS
?~
RETAINED
SOIL
?
Member
Sft
I...........
M .1 SYSTEMS
-
ATTACHMENT "C"
MSE# 845
8/12/2005
EROSION CONTROL STRUCTURE
TYPICAL CROSS SECTION
At Gladys Franco Property
Segmental Retaining Wall
Rubble Concrete Rip Rap
Filled with Sand
+/- 6'
(Not to Scale)
MSE Systems, Inc.
603 Verona Street
Kissimmee, FL. 34741
Ph: 407-931-1221
Fax: 407-931-1222
CITY OF WINTER SPRINGS
PROJECT AGREEMENT
THIS AGREEMENT is made and entered into this day of 2005, by and
between (hereinafter "OWNER"), whose address
is , and CITY OF WINTER SPRINGS, a Florida
municipal corporation, (hereinafter "CITY") whose address is 1126 E. SR 434, Winter Springs, Florida
32708.
WIT N E SSE T H:
IN CONSIDERATION of the mutual promises contained herein, the receipt and sufficiency of
which is acknowledge by the execution of this Agreement, the parties, the OWNER, and CITY agree as
follows:
1. OWNER acknowledges CITY has entered into a Project Agreement with the Natural Resources
Conservation Service, a service of the United States Department of Agriculture, for the construction
of emergency watershed protection measures to relieve hazards and damages created by Hurricane
Jeanne in 2004.
2. OWNER hereby grants to CITY, its employees, agents, consulting engineers, contractors and other
representatives the temporary right to enter upon OWNER'S property for the exclusive purpose of
construction of erosion control and bank stabilization improvements at Howell Creek. This right-of-
entry shall be effective from August 23,2005 through September 30,2005.
3. OWNER hereby covenants with CITY that OWNER is the true and lawful owner of the above-
described real estate and is lawfully seized of the same in fee simple and has good right and full
power to grant this right of entry.
4. OWNER by granting this right to enter is not relinquishing any rights whatsoever for value of land
taken and damages to the remainder, if any, as provided by law.
5. OWNER acknowledges that NRCS funding is available to the CITY in the amount of 75% of the
actual cost of construction. The remaining 25% of the actual cost of construction must be paid to
the CITY in its entirety by the three affected property owners before construction can commence.
6. OWNER acknowledges that NRCS funding is available to the CITY only for construction
completed by September 30, 2005. In the event that construction is incomplete as of October 1,
2005, the CITY will pay for all construction work completed through September 30, 2005. The
property owners shall be responsible for the cost of any construction work completed after
September 30,2005.
IN WITNESS WHEREOF, the parties hereto have made and executed this instrument for the
purposes herein expressed.
OWNER (Printed name)
SIGNATURE
Address:
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me this _ day of
2005, by , who is personally known to me or
as identification.
has produced
WITNESS my hand and official seal in the County and State aforesaid this _ day of
2005.
Notary Public
My Commission Expires:
ATTENST:
CITY OF WINTER SPRINGS
Andrea Lorenzo-Luaces, City Clerk
By:
Ronald W. McLemore, City Manager
CITY OF WINTER SPRINGS
PROJECT AGREEMENT
THIS AGREEMENT is made and entered into this day of 2005, by and
between (hereinafter "OWNER"), whose address
is Lt.~L~7 CR,Bt~IplsrG/E2, /w1~{ZE-2 ~ ~F WINTER SPRINGS, a Florida
municipal corporation, (hereinafter "CITY") whose address is 1126 E. SR 434, Winter Springs, Florida
32708.
WITNESSETH:
INCONSIDERATION of the mutual promises contained herein, the receipt and sufficiency of
which is acknowledge by the execution of this Agreement, the parties, the OWNER, and CITY agree as
follows:
OWNER acknowledges CITY has entered into a Project Agreement with the Natural Resources
Conservation Service, a service of the United States Department of Agriculture, for the construction
of emergency watershed protection measures to relieve hazards and damages created by Hurricane
Jeanne in 2004.
2. OWNER hereby grants to CITY, its employees, agents, consulting engineers, contractors and other
representatives the temporary right to enter upon OWNER'S property for the exclusive purpose of
construction of erosion control and bank stabilization improvements at Howell Creek. This right-of-
entry shall be effective from August 23, 2005 through September 30, 2005.
3. OWNER hereby covenants with CITY that OWNER is the true and lawful owner of the above-
described real estate and is lawfully seized of the same in fee simple and has good right and full
power to grant this right of entry.
4. OWNER by granting this right to enter is not relinquishing any rights whatsoever for value of land
taken and damages to the remainder, if any, as provided by law.
5. OWNER acknowledges that NRCS funding is available to the CITY in the amount of 75% of the
actual cost of construction. The remaining 25% of the actual cost of construction must be paid to
the CITY in its entirety by the three affected property owners before construction can commence.
# '~
6. OWNER acknowledges that NRCS funding is available to the CITY only for construction
completed by September 30, 2005. In the event that construction is incomplete as of October 1,
2005, the CITY will pay for all construction work completed through September 30, 2005. The
property owners shall be responsible for the cost of any construction work completed after
September 30, 2005.
IN WITNESS WHEREOF, the parties hereto have made and executed this instrument for the
purposes herein expressed.
C71 ac~f ys ~'a~c,~
OWNER (Pnnrinnnted name)
k~-~~'1 w
SIGNAT
Address: I ~ 4 ,~ C~l.?~C.~~
STATE OF FLORIDA
COUNTY OF SEMINOLE
The forego' instrument was acknowledged before me this cz~ day of
~(l ~ S ~ 2005, by ~ /`-% .uCG ,who is personally known to me or
has produced rL.: ~. as identification.
W TNESS my hand and official seal in the County and State aforesaid this~~ day of
v a., 2005.
~'
Notary Public
My Commiss n Expires:
y~r - Mary Anne WiNett
My Commission DD285M4
'~F ~ Expires January 14.2008
CITY OF WINTER SPRING ,
By: G'~N.~il.~f~' ~fyl - ~~
onald W. McLemore, City Maiia~er -
CITY OF WINTER SPRINGS
PROJECT AGREEMENT
THIS AGREEMENT is made and entered into this b day of ~Yh. 'bx-2005, by and
between :::::C'C"'i 5 -::i>.....Y\a ~rpns (hereinafter~hose address
is 14~1 c.~4IQ.IoC:5Vt~ C'~,d.o , and CITY OF WINTER SPRINGS, a Florida
municipal corporation, (hereinafter "CITY") whose address is 1126 E. SR 434, Winter Springs, Florida
32708.
WIT N E SSE T H:
IN CONSIDERATION of the mutual promises contained herein, the receipt and sufficiency of
which is acknowledge by the execution of this Agreement, the parties, the OWNER, and CITY agree as
follows:
1. OWNER acknowledges CITY has entered into a Project Agreement with the Natural Resources
Conservation Service, a service of the United States Department of Agriculture, for the construction
of emergency watershed protection measures to relieve hazards and damages created by Hurricane
Jeanne in 2004.
2. OWNER hereby grants to CITY, its employees, agents, consulting engineers, contractors and other
representatives the temporary right to enter upon OWNER'S property for the exclusive purpose of
construction of erosion control and bank stabilization improvements at Howell Creek. This right-of-
entry shall be effective from August 23, 2005 through September 30, 2005.
3. OWNER hereby covenants with CITY that OWNER is the true and lawful owner of the above-
described real estate and is lawfully seized of the same in fee simple and has good right and full
power to grant this right of entry.
4. OWNER by granting this right to enter is not relinquishing any rights whatsoever for value of land
taken and damages to the remainder, if any, as provided by law.
5. OWNER acknowledges that NRCS funding is available to the CITY in the amount of 75% of the
actual cost of construction. The remaining 25% of the actual cost of construction must be paid to
the CITY in its entirety by the three affected property owners before construction can commence.
6. OWNER acknowledges that NRCS funding is available to the CITY only for construction
completed by September 30, 2005. In the event that construction is incomplete as of October 1,
2005, the CITY will pay for all construction work completed through September 30, 2005. The
property owners shall be responsible for the cost of any construction work completed after
September 30, 2005.
IN WITNESS WHEREOF, the parties hereto have made and executed this instrument for the
purposes herein expressed.
~ (Thn~
~~Q~S
SIGNATURE
Address:
I LiS, c.('~CS.~ CirC\Q.
.
to.n-k~~TJ" Sf?'2')o&l
STATE OF FLORIDA
COUNTY OF SEMINOLE
... ,... _ L I _ The foregoing instrument was acknowledged before me this ~ day of
~2005, by ::r.R~~ 1),CtI'la.. (Y')Lnn~rU , who is personally knQ..wn to me or
has produced as identification.
~~~~5.my hand and official seal in the County and State aforesaid this 7'IiA day of
.
<It .....Ia.._
. ......
.......... tilt
. PIIlllCII AIM.. Inc
~I~
Notary Public
My Commission Expires:
CITY OF WINTER SPRINGS.
By: /f~M 7YtPR
Ronald W. McLemore, City ~anager