HomeMy WebLinkAbout2010 05 24 Consent 201 Approval of Site Development Permit Agreement with Meritage Homes of Florida, Inc. COMMISSION AGENDA
CONSENT X
INFORMATIONAL
ITEM 201 PUBLIC HEARING
REGULAR
May 24, 2010 MGR / /DEPT 'G�
Meeting A thorization
REQUEST: The Public Works Department requests the City Commission approve a Site
Development Permit Agreement with Meritage Homes of Florida, Inc. for
limited mowing and grubbing of wetland areas at Sonesta Pointe
SYNOPSIS: Meritage Homes recently purchased the 40 -acre Sonesta Pointe site on North
Tuskawilla Road from Tousa Homes. Meritage is seeking approval to clear and
grub the wetland areas onsite under a Site Development Permit Agreement before
the U.S. Army Corps of Engineers permit expires on July 11, 2010. Similar
permit agreements were approved by the City Commission for Tousa Homes in
2006 and in 2008 but no work was performed.
CONSIDERATIONS:
• Project Chronology:
o August 9, 2004 — Concept Plan approved by City Commission
o September 27, 2004 — Concept Plan Revision #2 approved by City Commission
o August 28, 2006 — Aesthetic Review approved by City Commission
o September 25, 2006 - Site Development Permit Agreement approved by City
Commission
o December 11, 2006 - Final Engineering and Developer's Agreement approved by
City Commission
o May 14, 2007 - Concept Plan Revision #3 approved by City Commission
o April 28, 2008 — Site Development Permit Agreement approved by City Commission
• Sonesta Pointe is a Meritage Homes project located on a 40.0 acre site on the east side of
Tuskawilla Road, immediately south of the St. Johns Landing subdivision in the Winter
Springs Town Center.
• As of the most recently approved concept plan approved in May 2007, Sonesta Pointe
consisted of 289 residential units made up of 114 detached single - family units, 72 duplex
units, and 103 townhome units.
May 24, 2010
Agenda Item #201
Page 2 of 3
• Meritage recently submitted an updated concept plan for Staff review consisting of 255
residential units made up of 60 detached single - family estate homes, 121 bungalow units,
and 74 townhomes.
• Although Meritage has not received final approval for the proposed development of the
project, Meritage desires to implement conditions set forth in the previously issued U.S.
Army Corps of Engineers Nationwide Permit, including the clearing and grubbing of
seven (7) wetland areas located on the site.
• If the conditions of the Corps Permit are not satisfied prior to its expiration on July 11,
2010, Meritage's ability to develop the project may be jeopardized, including
construction of the proposed Michael Blake Boulevard (Spine Road) right -of -way
anticipated to be located within the project.
• Meritage has proposed the clearing and grubbing of seven (7) areas of onsite wetlands,
including two (2) wetland ditches that traverse the site, as depicted in Exhibit B in the
attached Site Development Permit Agreement. The clearing and grubbing would be
limited to mowing, grubbing, and disking the top 12- inches of topsoil followed by
leveling and compacting each area. The two (2) ditches were not included in the 2008
Site Development Agreement; however, Meritage believes it is necessary to clear and
grub the two ditches in order to ensure full compliance with the Corps permit.
• Under the terms of the proposed Site Development Permit Agreement, the removal of any
trees shall be limited to only what is necessary to access and clear the wetland areas
identified in Exhibit B. Prior to initiating any work under this Agreement, Meritage will
flag the trees deemed necessary to accomplish the work and schedule an inspection with
the City Arborist to confirm that the minimum proposed tree removal is acceptable to the
City. Meritage will obtain an Arbor Permit from the City before removing any trees.
• The St. Johns River Water Management District has issued an Environmental Resource
Permit for Sonesta Pointe. All proposed wetland impacts have been mitigated.
• The Site Development Permit Agreement requires Meritage to provide a performance
bond, irrevocable letter of credit, or escrow deposit in the amount of $25,000 as security
that: (i) the Work is performed and completed in full compliance with any and all terms
and conditions of this Permit; and (ii) repairs are made to any public infrastructure that is
damaged as a result of Meritage's work under the terms and conditions of this Permit. In
2008, Tousa Homes provided an escrow deposit for their Site Development Permit in the
amount of $25,000, which remains on deposit with the City. Before executing this
agreement, Meritage must demonstrate that they have acquired Engle's interest in the
$25,000 deposit or provide a separate security deposit in the amount of $25,000.
• City Commission approval of this Site Development Permit does not approve any
deviations from the City Code. Any deviations from the City Code must be documented
and approved as a part of a Developer's Agreement.
• Meritage Homes must obtain all other required permits from both the City and any other
agencies as applicable, prior to commencing work onsite.
May 24, 2010
Agenda Item #201
Page 3 of 3
FISCAL IMPACT:
No funding is requested as part of this agenda item. Arbor Permit and Site Inspection
Fees will be collected for the work to be performed under the Site Development Permit
Agreement.
COMMUNICATION EFFORTS:
Before any work is performed under the Site Development Permit, Staff will notify the
surrounding residents in the adjacent subdivision to the north, St. Johns Landing. Staff will
update the City Commission on the status of the Sonesta Pointe project as part of the Community
Development Department's Current Planning Project Status Informational Agenda Item.
RECOMMENDATION:
Staff recommends the City Commission approve a Site Development Permit Agreement
with Meritage Homes of Florida, Inc. for limited mowing and grubbing of wetland areas at
Sonesta Pointe and authorize the City Manager and City Attorney to prepare and execute any and
all applicable documents.
ATTACHMENTS:
1. Sonesta Pointe Site Development Permit Agreement
SONESTA POINTE SITE DEVELOPMENT PERMIT AGREEMENT
This SONESTA POINTE SITE DEVELOPMENT PERMIT AGREEMENT (the
"Permit ") is issued by the CITY OF WINTER SPRINGS, a Florida Municipal Corporation (the
"City "), whose address is 1126 East S.R. 434, Winter Springs, Florida 32708, and agreed to by
MERITAGE HOMES of FLORIDA INC., a Florida corporation ( "Meritage "), whose address
is 5337 Millenia Lake Blvd, Suite 160, Orlando, Florida 32839, on this day of May 2010.
WITNESSETH:
WHEREAS, Meritage is attempting to obtain the necessary permits for a residential
development project within the City of Winter Springs commonly known as Sonesta Point (the
"Project "); and
WHEREAS, Meritage intends to receive several approvals from the City for the Project
that were either granted conditionally upon the successful negotiation of a development
agreement with the City or that have expired; and
WHEREAS, Meritage is the assignee of a permit from the St. Johns River Water
Management District and U.S. Army Corps of Engineers (the "Corps Permit "); and
WHEREAS, although Meritage has not received final approval for the proposed
development of the Project, Meritage desires to implement conditions set forth in the Corps
Permit, including the clearing and grubbing of selected wetland areas located on the Project; and
WHEREAS, if the conditions of the Corps Permit are not satisfied prior to the expiration
of such permit, Meritage's ability to develop the Project may be jeopardized, including
construction of the proposed Michael Blake Boulevard right -of -way anticipated to be located
within the Project; and
WHEREAS, although the final approvals have not been granted for the development of
the Project, the conditional plans and the site development data and information submitted to the
City to - date are sufficient enough for the City to issue a limited site development permit in order
to allow Meritage to perform a limited scope of preliminary site development work in order to
satisfy the terms and conditions of the Corps Permit; and
WHEREAS, the previous property owner has made sufficient payment into a mitigation
bank for the removal of all wetlands associated with the property described in Exhibit "A" under
the permit authority of St. Johns River Water Management District for Sonesta Pointe; and
WHEREAS, in furtherance of these requests, the City desires to permit a limited scope
of site development work under the terms and conditions stated herein and agreed to by
Meritage;
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties mutually agree to the terms and conditions set forth under this Permit as
follows:
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1.0 Recitals; Property. The foregoing recitals are true and correct and are hereby
fully incorporated herein by this reference as material terms of this Agreement. The real
property that is subject to this Agreement is legally described in EXHIBIT "A ", which is
attached hereto and fully incorporated herein as this reference.
2.0 Scope of Work. The scope of this Permit is limited to the following preliminary
site development work on the Property (the "Work "):
2.1 Clearing and Grubbing. The clearing and grubbing of all areas of onsite
wetlands, inclusive of the two (2) ditches that traverse the Property, as depicted in EXHIBIT
"B ", which is attached hereto and fully incorporated herein by this reference. Clearing and
grubbing shall be limited to mowing, grubbing, and disking the top 12 inches of topsoil followed
by leveling and compacting each area. All cleared and grubbed materials shall be removed from
the area.
2.2 Tree Removals and Protection. The removal of any trees shall be limited to only
what is necessary to access and clear the wetland areas identified in Exhibit `B ". Prior to
initiating any work under this Agreement, Meritage will flag the trees deemed necessary to
accomplish the work and schedule an inspection with the City Arborist to confirm that the
minimum proposed tree removal is acceptable to the City.
The Work shall be performed and completed within ninety (90) calendar days after the
Effective Date of this Permit (as hereinafter described) and in accordance with all applicable
local, state, and federal laws, regulations, and permits. The completion date may be reasonably
extended by the City Manager upon good cause shown. Any site development work not
specifically authorized hereunder is hereby strictly prohibited. Meritage shall be required to
obtain such other City permits as are required to implement the Work, if any, and said 90 -day
period shall be extended for such period of time as commencement of the Work may be delayed
by the City in reviewing and issuing such other City permits. During the term of this Permit, the
City and its agents shall have the unconditional right of entry onto the Property to conduct
inspections to determine compliance with the terms and conditions of this Permit.
3.0 Conditions Precedent to Commence of Work. Prior to commencing the Work,
the following documents shall be submitted by Meritage to the City, in a form acceptable to the
City:
3.1 Construction Vehicle Routing Plan. A written construction vehicle routing plan,
which shall be designed to provide for a safe and convenient route for construction vehicles and
equipment to go to and from the Property. Said plan is subject to reasonable modification by the
City Manager in order to safeguard persons and property.
3.2 Other Government Agency Permits. A copy of any and all required unexpired
permits issued by any other government agency, including, but not limited to, the Corp Permit.
3.3 Engineer Certifications A written certification from the project engineer and/or
other applicable consultant certifying that the Work to be performed is in compliance with
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applicable environmental laws and permits, including, but not limited to, laws applicable to
endangered or threatened species, artesian water wells, wetlands, hazardous materials, and
historical artifacts.
This Permit shall not become effective until such time as the City receives and approves
the documents required by this section.
4.0 Permit Fee. Upon the Effective Date of this Permit, Meritage shall pay the City's
standard construction inspection fee equal to one percent (1 %) of the estimated construction
value of the Work.
5.0 Default; Restoration of Property. The City reserves the right to revoke or
suspend this Permit if the City determines that Meritage is not in compliance with the terms and
conditions of this Permit. Prior to revoking or suspending the Permit, the City will provide
Meritage with written notice identifying any default of the Permit terms and conditions. Upon
receipt of the notice of default, Meritage shall have five (5) business days to cure the default to
the City's reasonable satisfaction unless additional time is granted by the City Manager or unless
less time is provided by the City Manager because exigent circumstances warrant an immediate
or more expedient cure in order to protect the public, health, safety and welfare; provided,
however, that if such default cannot be reasonably cured within such period, Meritage shall have
such additional time as is needed to cure such default so long as Meritage has commenced such
cure within such period and thereafter diligent pursues such cure. If Meritage fails so to cure the
default with the time prescribed herein, the City shall have the right to revoke or suspend this
Permit without further notice. If the City suspends or revokes the Permit, Meritage shall
immediately work to secure the applicable portions of the Property to a safe condition to the
City's reasonable satisfaction so that the Property does not become a public nuisance or a health
and safety hazard. If Meritage fails to secure the applicable portions of the Property within a
reasonable period of time, the City shall have the right, after complying with the notice and cure
provisions set forth above, to make claim to and use the Security (as hereinafter described) to
complete such work. In the event the amount of the Security is not sufficient to cover the City's
reasonable expense for such work, Meritage agrees, upon written notice by the City, to reimburse
the City for any reasonably incurred expenses not covered by the Security. If Meritage fails to
fully reimburse the City, the City shall have the right to record, with the Seminole County Clerk
of the Court, an assessment lien on the Property for any such unreimbursed expenses.
6.0 Security. The City acknowledges and agrees that it presently is in possession of a
performance bond, irrevocable letter of credit, or escrow deposit in the amount of Twenty -Five
Thousand and no /100 Dollars ($25,000.00) as security that: (i) the Work is performed and
completed in full compliance with any and all terms and conditions of this Permit; and (ii)
repairs are made to any public infrastructure that is damaged as a result of Meritage's work under
the terms and conditions of this Permit ( "Security ").
7.0 Indemnity, Release, Hold Harmless. Meritage hereby agrees to indemnify,
release, and hold harmless the City and its commissioners, employees and attorneys from and
against all claims, losses, damages, personal injuries (including, but not limited to, death), or
liability (including reasonable attorneys' fees and costs through all appellate proceedings),
directly or indirectly arising from, out of, or caused by: (1) the risk identified in Section 8.0 of
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this Permit; and (2) any work performed under this Permit, including, but not limited to, any and
all acts and omissions of Meritage and its contractors.
8.0 Representation and Warranties. Meritage represents and warrants that the
Work is being performed with the knowledge and understanding that said Work is being done
prior to final engineering approval by the City and that final engineering approval may be denied
by the City or result in additional site development not contemplated by this Permit, or that any
conditional permit approvals may expire. Meritage agrees that it is assuming the full and
complete risk that final engineering may be denied by the City, or that additional site
development work may be required that might include modification of the Work. In addition,
Meritage hereby represents and warrants that this Agreement, once executed, is a binding
obligation on Meritage and that the undersigned has the authority to execute this Agreement on
Meritage's behalf.
9.0 No City Representation and Warranties. Meritage acknowledges and agrees
that, although this Permit indicates that the City is considering final engineering approval for the
. Property and that Meritage and the City have not come to terms on a development agreement, the
City in no way represents or warrants that the City has approved or will approve said plans or
development agreement.
10.0 Prior Consent Required for Transferred of Permit. This permit is not
transferable or assignable with the prior consent of the City Commission.
11.0 Applicable Law. This Permit shall be governed by and constructed in
accordance with the laws of the State of Florida.
12.0 Amendments. This Permit shall not be modified or amended except by written
agreement duly executed by both parties hereto and approved by the City Commission.
13.0 Entire Permit Agreement. This Permit supersedes any other agreement, oral or
written, and contains the entire agreement between the City and Meritage, as to the specific work
authorized under Section 2.0 of this Permit.
14.0 Severability. If any provision of this Permit shall be held to be invalid or
unenforceable to any extent by a court of competent jurisdiction, the City has the unconditional
right to declare this Permit null and void and require that the Work be stopped immediately.
15.0 Effective Date. This Permit shall become effective upon approval by the City
Commission, execution of this Permit by all parties hereto, and the completion of the conditions
precedent set forth in Section 3.0 of this Permit ( "Effective Date ").
16.0 Relationship of the Parties. The relationship of the parties to this Permit is
contractual and Meritage is not an agent of the City. Nothing herein shall be deemed to create a
joint venture or principal -agent relationship between the parties, and neither party is authorized
to, nor shall either party act toward third persons or the public in any manner that would indicate
any such relationship with the other.
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17.0 Sovereign Immunity. Notwithstanding any other provision set forth in this
Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's
right to sovereign immunity under Section 768.28, or other limitations imposed on the City's
potential liability under state of federal law. This paragraph shall survive termination of this
Agreement.
18.0 City's Police Power. Meritage acknowledges and agrees that the City hereby
reserves all police powers granted to the City by law, particularly with respect to whether or not
the City Commission will approve the final engineering plans for the Property. In no way shall
this Permit be construed as the City bargaining away or surrendering it police powers.
19.0 Third - Party Rights. This Permit is not a third -party beneficiary contract and
shall not, in any way whatsoever, create any rights on behalf of any third party.
20.0 Attorney's Fees. Should either party take any action to enforce this Permit, then
the prevailing party shall have the right to collect reasonable prevailing party attorney's fees and
costs, through all appellate proceedings, in connection with said enforcement.
21.0 Development Permits. Nothing herein shall limit the City's authority to grant or
deny any development permit applications or requests subsequent to the Effective Date of this
Permit. The failure of this Permit to address any particular City, County, State and/or Federal
permit, condition, term of restriction, shall not relieve Meritage of the necessity of complying
therewith to the extent applicable.
[SIGNATURE BLOCKS BEGIN ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on
the date first above written.
CITY OF WINTER SPRINGS
By:
John F. Bush, Mayor
ATTEST:
By:
Andrea Lorenzo Luaces, City Clerk
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of
Winter Springs, Florida, only.
(CITY SEAL)
Date:
By:
Anthony Garganese, City Attorney
for the City of Winter Springs, FL
STATE OF FLORIDA
COUNTY OF SEMINOLE
Personally appeared before me, the undersigned authority, John F. Bush, well known to
me to be the Mayor of the City of Winter Springs, Florida, and acknowledged before me that he
executed the foregoing instrument on behalf of the City of Winter Springs, as its true act and
deed, and that they were duly authorized to do so.
Witness my hand and official seal this day of 2010.
(NOTARY SEAL)
Notary Public Signature
Print Name
Commission No.:
My Commission Expires:
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Signed, sealed and delivered in the MERITAGE HOMES OF FLORIDA,
INC., a Florida corporation
By:
Signature of Witness Jim Bagley, Division President
Date:
Printed Name of Witness
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me this day of ,
2010, by Jim Bagley, Division President of Meritage Homes of Florida, Inc., a Florida
corporation. He is personally known to me or has produced as
identification.
Witness my hand and official seal this day of 2010.
(NOTARY SEAL)
Notary Public Signature
Print Name
Commission No.:
My Commission Expires:
P:\PROJECT FOLDERS \090816 -LA - Meritage Homes Calusa Cay \Sonesta Point Site Dev Permit Agreement.doc
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EXHIBIT "A'
LEGAL DESCRIPTION: AS PROVIDED BY FIRST AMERICAN TITLE INSURANCE COMPANY
A PORTION OF SECTION 31, TOWNSHIP 20 SOUTH, RANGE 31 EAST AND SECTION 6, TOWNSHIP
21 SOUTH, RANGE 31 EAST, WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWESTERN MOST CORNER OF LOT 31 ST. JOHNS LANDING AS
RECORDED IN PLAT BOOK 53, PAGES 45 THROUGH 49, OF THE PUBLIC RECORDS OF SEMINOLE
COUNTY, FLORIDA, SAID POINT BEING ON THE EASTERLY RIGHT OF WAY OF TUSKAWILLA ROAD
(A.K.A BRANTLEY AVE.) AS RECORDED IN OFFICIAL RECORDS BOOK 3225, PAGE 1829 OF SAID
PUBLIC RECORDS; THENCE NORTH 59 °31'30" WEST ALONG THE WESTERLY PROLONGATION OF
THE SOUTH LINE OF SAID LOT 31 A DISTANCE OF 15.00 FEET; THENCE SOUTH RUN 30 °06'01"
WEST A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN
DESCRIBED, THE SAME BEING THE NORTHWESTERLY MOST CORNER OF A PARCEL OF LAND
OWNED BY THE STATE OF FLORIDA AS DESCRIBED IN OFFICIAL RECORDS BOOK 3988, PAGES
1078 THROUGH 1094 OF SAID PUBLIC RECORDS; THENCE ALONG A LINE COMMON TO SAID
STATE OF FLORIDA THE FOLLOWING NINE COURSES: SOUTH 59 °31'30" EAST A DISTANCE OF
1132.50 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST
HAVING A DELTA ANGLE OF 60 °36'00" AND A RADIUS OF 150.00; THENCE ALONG THE ARC OF SAID
CURVE A DISTANCE OF 158.65 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 01 °04'30"
WEST A DISTANCE OF 146.91 FEET; THENCE SOUTH 24 °59'49" WEST A DISTANCE OF 318.72 FEET;
THENCE SOUTH 00 °00'08" EAST A DISTANCE OF 115.48 FEET; THENCE SOUTH 36 °55'13" EAST A
DISTANCE OF 217.54 FEET; THENCE SOUTH 15 °19'45" EAST A DISTANCE OF 140.49 FEET; THENCE
SOUTH 02 °23'08" WEST A DISTANCE OF 556.34 FEET; THENCE SOUTH 07 °25'23" WEST A DISTANCE
OF 240.00 FEET; THENCE DEPARTING SAID COMMON LINE NORTH 59 °16'52" WEST A DISTANCE OF
926.50 FEET; THENCE NORTH 10 °02'30" EAST A DISTANCE OF 144.06 FEET TO THE POINT OF
CURVATURE OF A NON - TANGENT CURVE CONCAVE WESTERLY HAVING A DELTA ANGLE OF
70 °00'29" AND A RADIUS OF 1060.00 FEET; THENCE ALONG THE ARC OF SAID CURVE HAVING A
CHORD BEARING OF NORTH 24 °54'14" WEST AND A CHORD DISTANCE OF 1216.11 FEET FOR A
DISTANCE OF 1295.18 FEET TO THE TERMINUS OF SAID CURVE; THENCE NORTH 59 °53'59" WEST
A DISTANCE OF 99.85 FEET TO THE RIGHT OF WAY OF SAID TUSKAWILLA ROAD; THENCE ALONG
SAID RIGHT OF WAY NORTH 30 °06'01" EAST A DISTANCE OF 685.00 FEET TO THE POINT OF
BEGINNING.
AND
A PORTION OF SECTION 31, TOWNSHIP 20 SOUTH, RANGE 31 EAST AND SECTION 6, TOWNSHIP
21 SOUTH, RANGE 31 EAST, WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWESTERN MOST CORNER OF LOT 31 ST. JOHNS LANDING AS
RECORDED IN PLAT BOOK 53, PAGES 45 THROUGH 49, OF THE PUBLIC RECORDS OF SEMINOLE
COUNTY, FLORIDA, SAID POINT BEING ON THE EASTERLY RIGHT OF WAY OF TUSKAWILLA ROAD
(A.K.A. BRANTLEY AVE.) AS RECORDED IN OFFICIAL RECORDS BOOK 3225, PAGE 1829, OF SAID
PUBLIC RECORDS; THENCE NORTH 59 °31'30" WEST ALONG THE WESTERLY PROLONGATION OF
THE SOUTH LINE OF SAID LOT 31 A DISTANCE OF 15.00 FEET; THENCE ALONG THE EASTERLY
RIGHT OF WAY OF TUSKAWILLA ROAD (A.K.A. BRANTLEY ROAD) PER OFFICIAL RECORDS BOOK
3225, PAGE 1829, SOUTH 30 °06'01" WEST A DISTANCE OF 725.00 FEET TO THE POINT OF
BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE DEPARTING SAID RIGHT OF WAY
SOUTH 59 °53'59" EAST A DISTANCE OF 99.85 FEET TO THE POINT OF CURVATURE OF NON -
TANGENT CURVE CONCAVE WESTERLY HAVING A DELTA ANGLE OF 70 °00'29 ", A RADIUS OF
1060.00, A CHORD BEARING OF SOUTH 24 °54'14" EAST AND A CHORD DISTANCE OF 1216.11 FEET
FOR AN ARC DISTANCE OF 1295.18 FEET TO THE TERMINUS OF SAID CURVE; THENCE SOUTH
10 °02'30" WEST A DISTANCE OF 144.06 FEET; THENCE NORTH 59 °16'52" WEST A DISTANCE OF
51.30 FEET; THENCE NORTH 10 °02'30" EAST A DISTANCE OF 125.98 FEET TO THE POINT OF
CURVATURE OF A NON - TANGENT CURVE CONCAVE WESTERLY HAVING A DELTA ANGLE OF
70 °00'29 ", A RADIUS OF 1012.00 FEET, A CHORD BEARING OF NORTH 24 °54'14" WEST AND CHORD
DISTANCE OF 1161.04 FEET FOR AN ARC DISTANCE OF 1236.53 FEET TO THE TERMINUS OF SAID
CURVE; THENCE NORTH 59 °53'59" WEST A DISTANCE OF 99.85 FEET TO THE AFOREMENTIONED
EASTERLY RIGHT OF WAY; THENCE NORTH 30 °06'01" EAST A DISTANCE OF 48.00 FEET TO THE
POINT OF BEGINNING.
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n I1 I PROJECT NO.
/ /... 2008 -0013
I
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SHEET 1 OF 1 /
Joan Brown
From: Brian Fields
Sent: Wednesday, August 11, 2010 3:41 PM
To: Joan Brown
Subject: RE: City Commission Meeting 2010 05 24
Meritage decided not to proceed with this agreement.
From: Joan Brown
Sent: Wednesday, August 11, 2010 12:14 PM
To: Brian Fields
Subject: City Commission Meeting 2010 05 24
Brian;
Please confirm via email what the status is with this Agreement. Thanks.
CONSENT
201. Public Works Department
REQUEST: Requests The City Commission Approve A Site Development Permit Agreement With Meritage Homes Of
Florida, Inc. For Limited Mowing And Grubbing Of Wetland Areas At Sonesta Pointe.
FISCAL IMPACT: No Funding Is Requested As Part Of This Agenda Item. Arbor Permit And Site Inspection Fees
Will Be Collected For The Work To Be Performed Under The Site Development Permit Agreement.
COMMUNICATION EFFORTS: Before Any Work Is Performed Under The Site Development Permit, Staff Will
Notify The Surrounding Residents In The Adjacent Subdivision To The North, St. Johns Landing. Staff Will Update The
City Commission On The Status Of The Sonesta Pointe Project As Part Of The Community Development Department's
Current Planning Project Status Informational Agenda Item.
RECOMMENDATION: Staff Recommends The City Commission Approve A Site Development Permit Agreement
With Meritage Homes Of Florida, Inc. For Limited Mowing And Grubbing Of Wetland Areas At Sonesta Pointe And
Authorize The City Manager And City Attorney To Prepare And Execute Any And All Applicable Documents.
Deputy City Clerk
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708
Telephone: 407 - 327 -5999 or 407 - 327 -1800 ext. 237
Facsimile: 407 - 327 -4753
e -mail: jbrownwinterspringsfl.orq
1