HomeMy WebLinkAbout2000 03 13 Regular E Land Development
COMMISSION AGENDA
ITEM E
Consent
Information
Public Hearin
Re ular
xx
March 13.2000
Meeting
MGR. /V-1DePL
REQUEST: Community Development Department, Land Development Division, requests the
Commission to provide direction relative to a request to develop property known
as Big Cypress on SR 434 next to the Winter Springs Golf Club at a density of
16 units per acre.
PURPOSE: The purpose of this agenda item is to inform the Commission of the findings as it
relates to that property known as Big Cypress and the request of Daly Design
Group, Inc. to construct apartments at a density of 16 units per gross acre, and
to seek Commission direction relative to additional action on this property. The
property is located north of SR 434 and to the immediate east of Golf Terrace
Apartments.
APPLICABLE LAW ICODE:
Comprehensive Plan 1990-2010 - Volume 2 of2 - Adopted April 27, 1992
Land Use Section, Goal 3), Objective A), Policy 7), Page 20
7) Urban Density includes all developments greater than 12.0 but less than 21.0
units per acre that were preexi sting or preapproved in 1991.
a. Two parcels within the Tuscawilla PUD are designated for densities
higher that 12 DU per acre by the terms of a Court-approved settlement of
a dispute between the Developer and the City. These isolated exceptions
shall not be construed as setting a precedent to allow approvals on other
undeveloped property of densities beyond the maximum of 12.0 DU per
gross acre. Only an amendment to this Plan shall authorize in the future
such high density on other property in the City.
b. Pre-existing developments constructed at densities greater than 12.0
DU per acre shall be included in this classification and be subject to
operational and maintenance standards to be established in revised
regulations.
March 13,2000
REGULAR AGENDA ITEM A
Page 2
DIVISION 6. R-3 MULTIPLE-FAMILY DWELLING DISTRICTS
Section 20-210. Building area regulations.
The multiple-family dwelling structures included within the R-3 zoning
classification shall not consist of more than sixteen (16) units per acre.
DIVISION 7. C-1 NEIGHBORHOOD COMMERCIAL DISTRICTS
Section 20-234. Conditional Uses.
(a) Multiple-family residential units may be permitted as conditional uses as
provided by the board of adjustment.
(b) Before a conditional use may be granted within the classification, the board
of adjustment must, after public hearings, find that the use of uses are consistent
with the general zoning and with the public interest.
FINDINGS: 1. The property in question is approximately 14.76 acres.
2. The entire property is zoned C-1 (Neighborhood Commercial). A Future Land
Use of Urban Density Residential has been assigned to the approximately 2.5 acres
on the northwest side of the property and the remaining 12.26 acres have been
assigned a Future Land Use of Commercial.
3. There have never been formal development plans, commercial or otherwise,
submitted for this property.
4. The proposed development for this property would be for 225 apartment units,
or a density of 15.2 units per acre.
5. The Comprehensive Plan expressly denies any future development within the
City at a density greater than 12 units per gross acre unless the plan is amended.
The Comprehensive Plan Amendment would have to be a large scale amendment
because the property is over ten (10) acres in size and it would also mean a textual
change.
March 13, 2000
REGULAR AGENDA ITEM E
Page 3
6. There have been two (2) apartment complexes constructed since the
Comprehensive Plan was adopted. Golf Terrace was the continuation ofa
pre-approved plan and Courtney Springs was included in the Tuscawilla
Settlement Agreement.
7. In 1984 Big Cypress purchased 60,000 gallons of sewer capacity reservations.
This could have been used for up to 251 multi-family residential units or for the
commercial property on portions of the golf course. 30,000 gallons of sewer
capacity reservations were sold. There remains 30,000 gallons for this property.
This is enough for 125 multi-family units.
8. If the Comprehensive Plan is amended to provide greater density than 12 units
per acre, and the land use remains as is, the Board of Adjustment would still have
to recommend approval of a conditional use permit.
RECOMMENDA TION:
Staff recommends that the Commission provide Staff with the direction it deems
appropriate relative to Daly Design Group's proposal to build 16 units per gross
acre on the Big Cypress property.
ALTERNATIVES: The Commission has three (3) alternatives as follows:
1. Maintain the current 12 units per acre standard and direct Staff to take no
further action.
2. Amend the comprehensive plan to provide for 16 units per acre as the City's
new standard. This action is not recommended.
3. Direct Staff to determine a zoning category which would allow the project to
happen on this property due to its unique characteristics without creating a new
community standard.
One possible way would be to create an "Infill District Zone".
ATTACHMENT:
A - Conceptual presentation of land use for Parc Apartments
COMMISSION ACTION:
ATTACHMENT A
daly design group inc.
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S.IR. 434;
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Pare Apartments;
Winter Springs, Florida
Land Planning, Landscape Architecture. Projoct Manog<Jmant, Development Consulting
861 W. Morse Blvd., Suite 125. Winter Part<., Florida 32789 (407) 740-7373
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Site Da~a
Total land Area
Commercial
Urban Residential
Proposed Units
Proposed Density
14.76 acres
12.2 acres
2.5 acres
225
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UGUSlRUM JAPONICUM
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(ANISE) - SEE NOTE BELOW
MIN. 30- HT. x
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36- O.C. TYP.
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LANDSCAPE PLANTING NOTES:
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SEASONAl ANNUALS 4 POlS / FULL
CQ.OR TO BE SELECTED BY OWNER .. IN BlOOM
10" O.C. TYP.
AN
1} ALL PlAN1S MUST BE HEAL lliY, VIGOROUS M... 1ERIAl FREE OF PES1S AND DISEASES.
2} ALL PLAN1S SHALL BE flORIO... NO. 1 OR BETTER. AS GRADED IN Fl..ORIOA GRADES
AND STANDARDS FOR NURSERY PlAN1S.
3) ALL PlAN1S ARE SUB..ECT TO APPROVAL BY THE LANDSCAPE ARCHIlECT IlK) ov.wER.
BEFORE, DURING. AND AFlER INSTAllAllON.
4) REFER TO _ITlEN SPEQFlCATlONS FOR DETAILED PlANllNG INSTRUCTIONS.
5} ALL SINGlE-lRUNKED TREES SHALL BE SlRAlGHT TRUNKEO Willi ONE CENTRAL L.[AQER
AHD HAVE A FUl...L. DENSE CROWN.
6i ALL TREES SHALL BE STAKED AND GUYED AS SHOWN IN PlANl1NG DETAIlS.
7 ALL MUl..Ot PlAN11NG AREAS SHALL BE A MINIMUM OF 2- IN DEPtH.
8 ALL PlANllNC AREAS SHAll HI. VE A W1N1MUM Of 3" TOPSOIl.
9 ALL TREES SHAll BE fR(E Of OPEN WOUNDS AND MlUND SCARS IN lliE ClEAR TRUNK AREA.
1 ) ANY SYNTHE11C BURlAP AND/OR WIRE BASt<ElS MUST BE TOTALLY RDtOVED PRIOR TO
INSTALLAllON OF PlANT M...lt'RIAL F NATURAL BURLAP IS USED. IT MAY BE 1URNED DOWN
1/3 Of 1HE ROOTBALL
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GROUNDCOVER- URIOPE 7-10 PIPS MIN.
'EVERGREEN GIANi FUU. / 1S" HT.
GROUNDCO~- RAPHIOLEPIS MIN. 12- - 15" HT. x
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t:IQlL ALL I!XleTNi TMP I"I.I&T I!I! fDIIIIOTEC1'ED unw ~ ANt> fU.Q.ED W1TW ... LA"I"EJIt Of' PH! I504IllK NJCiCiEl&
..-:t1 TfIU<< TO CfltPLtE TO .....-vENT DAI1AiaIE D\.IItING coeTRJCTION ~).
~ ALL P\.ANT ....11TUT1Glte I'I.I&T H.4VE CITY ~&T& APP'flIIlOVAL l'I"'f'lDICALJ.
LANDSCAPE CONTRACTOR NOTES:
1) lHE LANOSCAPE CONlRACTOR IS RESPONSlBLE FOR MAlNTAHNG. IN FUll.... ALL ~
PlAN11HG AREAS. UNllL THE JOB is ...CCEPTED IN FUt.L BY 1liE o.ER. "FUt.L UEANS
WA"IERING. PEST CONlROl. MULCHING. ~, fER11UZING AND kESET11NG 1REE$ 'tHAT .. OUT Of PWMB.
2) lHE LANDSCAPE CON1RACltJR SHALL COWPLElELY QJARANlEE ALL INSTAUED PLANT .....lDWAL
FOR A PER100 OF ONE CALENDAR YEAR BE~ ON THE OAlE OF 100s COMPLETION.
AHY AND ALL REQUIRED PLANT REPt.ACOENlS StfALL BE MADE PROMPTLY AND AT NO ADOIllONAL
COST TO 1HE OWNER.
3) THE LANDSCAPE CClNTRAClOR SHAU. STAKE THE L0CA11ONS ~ ALL PLANT MA1ERIAL AND Pl.ANlING
BED LINES FOR ~ BY 11iE LANDSCAPE ARCHITECT AND <*€R.
4) ~~~:AfATOR ~ALL,..r&~ ~~=,r;.~~~
PLANT UST THE PlANS ~
5) THE ~ CONlRACTOR SHAU. BE FAMlJAR W1H AND ACCEPT THE DIS1'IHG SllE CONDI1lONS
PRIOR ro~NTtA1ION CE THE MB(. ANY VARIATION FROM THE SPECftD WORK SHALL BE 1liE
RESPONSIBILITY aF 11iE LANDSCAPE CONlRACTDR.
8) THE L.AND9CAPE CONTRACTOR SHALL B(: RESPONSIBL.[ FOR LOCA11NG AU. UNlERGROUND U1IJ11ES.
DRAINACE S1RUClURES. aJR8S. SlD[WAUCS, AND ANY OTHER OBJEClS ..0. MICHl BE O......AGED
DURlNGlHEMB(.
7) THE LANDSCAPE CONlRACTOR SHAlL BE RESPONSIBlE TO WAKE Nf( AND ALL NE~Y REPAIRS TO
DAMAGE CAUSED BY I-IS WORK AT NO ADOI11ONAL COST TO 1HE OIlER OR lANDSCAPE AROfIlECT.
8) lHE l.ANDSCAIIE CONTRACTOR SHAlL BE RESPONSIILE 'OR OBTAINIIC AU. NECESSARy ~
AND FOllOllNG ALL APPt..ICABlE lOCAl. CODES PERTANNC TO M PRO.E:CT OUR'INC THE
aF 1-1$ WCRK.
IlIQJIIl I-I!DCiE etW.L CRlW TO N!ACIoI 36" f.E1CiHT ANI:> ~ ~ACITY urn.tIN a J1C:lN11oI& AN:> !II! MANTAItEI:> AT THAT
foEICIHT.
t:IQlL IIIIltICIiATION - A NJ. Y ALlTOMATIC MlCiATION &Y&TEt1 fII'ROVIE:>ING ~ ~ AN:> EQlPf'Et) UTW A
t1OI&'t'LN eeleQlt I RAN CIUACiE ~ !II! ~.
t:IQlL I4EOCiE fILAN11toG AIIlEA6 MW.L _ A t1INI1.I1 Of' &' WlC>E ANt> fU.a.EI:> TO A ~ OF 2" IT'Y''w-J.
tIaD!a. fIlfU"lI_T v....ANc:E CH ANY AODM'I<:lNAL fI8:l,IlN!t> ~ eEYQ.O IIM4T Ie &WOUH CH TWI& f-L",tH.
,~. EXl&lHi TN!e TO fllI!t1AN - ~ TO euRYtrr OR CIVIL fDLAN& FOIIl efIIEC1E6 CI'TflIICAL)
,~ I!)(I6TMi TNEE TO _ ~ - ~ TO ~ OR CIVIL fIILAN& POIt er-eClE& ~)
SCALE: 1. = 30'
OA TE: 3/9/99
ORA WN: TOM PETERSON
CHECKED:TOM PETERSON
FILENAME: WSGCL5.DWG
j
60
I
30
I
GRAPHIC SCALE
,. = 30'
120
I
o
I
15
II
30
,
JOB NO.
99071
SHEET
L-1
March 10,2000
To:
Mayor
Commission
City Attorney.
City Clerk p
Land Development Coordinator ~
From:
Re:
Big Cypress Information
Regular Agenda Item E
March 13,2000 Commission Meeting
The attached information for inclusion in the above referenced Regular Agenda Item E package
was delivered to City Hall by Dan Woods on March 9,2000 and received by this office on
March 10,2000.
cc: City Manager (w/o attch)
'03/05/2000 10:08
7407551
t:
DALYDESIGNGROUP
PAGE____.~J
/~~-5;- /)'N-.J>
ZONlNC
used except foJ" one (1) or more of the following
uses:
(l) Any ~o po"lrmitted inR-1AA and R-1A Sinile-
Family Dwelling Districte.
(2) HomQ occupations.
(Ord. No- 44, A 44.38, 1-8-68)
Sec. 20-183. Conditionlll usee.
(a) Conditlonal ueee in R-l One-Family Dwell-
ing Districtl!l are the same as for R.IAA and R-IA
Single.Fllmily DwaHing Districts.
(b) Btlfore II conditional use may be gTanted
within the da:!~ificatlon. the board of acljustment
must, afhr public hearinil;, find that the USe or
usee are consil5tent with the general :toning plan
and with the plJ,blic interest.
lOrd_ No. 44, ~ 44.39, 1.8.68; Ord. No. 240, ~ 6,
5-26-81.)
\
\
~c. 20-18". Building height relt'tUidions.
Building height reliulatioolJ in R-l One-Family
Dwelling Districts are the ,.me as in the :H.lM
and R.IA Slngle.Family Dwelling Districtll.
(Ord, No. 44, ~ 44.40, 1-8.68)
Sec. 20-18~. Building site area l"egulaUons.
In R-l One.Family Dwelling Districts, each fam.
i1y (single) dw~lling shall be located on a lot or
parcel. qf land having an area of not less than si"
"hou6and ~ix hundred (8.600) Ifquare feet and a
width of not less than eixt}. (60) feet.
(Ord. No. 44, ij 44.41, 1-8-68)
Sec. 20-~86- Front, Ntar and .ide )lard reiCu.-
lutionel.
In R.1 One-Family Dwelling Distrlcts:
(1) Front yard. There ahall be a front yard of
not Ieee than twenty-five (25) feet.
(2) Rear )'ard. A rear yard shall not. be h:$o
t,han tw"nty.five (25) feet in depth.
(3) Side yard. Side yardE> shall be provided on
ea.;h "ide of '1vel'Y dwelling of Dot less than
ail( (6) feet.
(4) Corner tots. SamEt 88 for R.1AA and R.lA
Single.Family Dwelling Diatricte.
(Ord. No. 44, ~ "~.42. 1-8-66)
I 20.201
Sec. 20.187. Lot coverage.
In R-l One.Family Dwelling Districts, forty (40)
perc",nt of the lot area ia the m&l(lmum which
may be coveJ"ed by the pri.ncipal and Acce880ry
buildings or etructurell locawd ther~n.
(Ord. No. 44, A 44.43, 1.8.68)
Sec. 20-188. Use, area and yard exceptionll.
Section 9-276 et. seq. lI8 to use, area llnd yard
exoeptioRIJ in R-1 OM.Family Dwelling Districts
shall apply_
(Ord. No. 44, ~ 44.44. 1.8.68)
Sec:. 20-189. Otf-,treet. pllrkinll refUl~tlon".
Section 9-276 et 88'1. as to oW.street p....king
regulations in R-l One-F3.mily Dwelling Districts
ahall apply-
(Ord. No. 44, 0 44.45, ),.8-66)
Sees. 20-190-20-205. Reserved.
~
DIVISION 6. R-3 MUl,.TIPLE-FAMILY
DWELLING DISTRICTS
Sec. 20..206. DMlgnation.
The land:'! included withia the R.3 MuJtiple.
Family Dwellint( Districts ehall be cUveloped pre-
dominantly (I.'J apartmsntll, townhO~3. patio homell
. or other mu.ltiple.family dwelling structures.
(Ord. No. 44, ~ 44.46.1, 1.8.68; Ord. No. 68, G X,
11-29.71)
Sec. 20-207. Uses permitted.
Within any R.3 Multiple.Family DwelHnK Dill'
trict, no building, structure, land or wa~r ehllll
be used except for the following u~s:
(l) Any \W813 penn.1tted in R-1AAA. R-lAA, R-IA,
or R.l.
(2) Apartments, townhouses, patio home:. or
other mUltiple.family dwelling etructuTes.
(3) Boarding and/or looging homes.
(4) Gue6t and tourist harnoo.
(6) Professional offices, con5i3ting of the tollow-
ing: Architecta, englneen. attorneys, aoooWl-
tantll, medical docton, dent.i~ts, and tu
consultants.
(Ord. No. 44, t 44.45.2, 1.8-68; Ot'd. No. 68, 0 XI,
11.29-71)
1211
03/05/2000 10:08
7407551
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DALVDESIGNGROUP
PAGE 02
~ 20-206
WINTER SPIlJNG3 CODE
S<:c. 20..208. Conditional Ui8S.
{a1 Conditional USQS withIn R-3 Multiple-Family
J)wellillg Di5trict.e are the same as for R-lAAA.
{l.-lAA, KiA and 1\-1 Single-Family Dwelling
D~stricte.
(b) Seion a. conditional use may be gta.n~
within the classification, the board. of adjustment
mu"t. at\er public hearings, find that th~ use or
U5ell are con8i8~ent. with tb.e general ~oning phm
and with the _pub~ic interest.
(Ord. No. 44. ~ 44,45.3, 1.8-68; Ord. No. 68, ~ XlI,
11-29-71; Oed. No. 240, ~ 7, 5-26.81)
~c. 20-209. Building heilfht regulations.
In R-3 Multiple-Famtly Dwelling DietTicw. build.
ing heights 6hall not be higher than forty-five
(45) feet.
(Ord. No. 44, ~ 44.46.4. 1-8-68; Ord. No. 68, ! XIU,
11-29-71)
Sec. 2Q-210. Building t\rel.t regulations.
'!'hI! multipk.f:1mUy dwelling stl'1Ctures included
wilhin the R.3 zonini .::hlSSificlltion shall not con-
sist of rnol'e than silCteen (16) unit,e per acre,
(Ord. No- 4-4. ~ 44.45.51 1-8-68; Ord. No. 68. ~ XIV,
11,29.71)
Sec. 2()'21l. Front, rea.. and eide yard regno
latlon5.
The following yard regulations shall apply in
the R-:~ Multiple.Family Dwelling Dilltricts:
(1) [<'rant yard. The front Ykrd 6/:Ull) nlJt be len
than twenty-five (26) feet in depth.
(2) Rear yard. The rear y~rd shall not be leas
than thirty.rive (35) feet in depth.
(3) Side. yard. Th., !lide yard shall not be IIISB
than ten (10) feet in width.
(4) C('mt~r lots. The front yard l:retbllCk regula-
tion shall ('.ontrol when the building ill lo-
cated on more than one (1) atreoet.
(Ord. No. 44. ~ 44.45,6.1-8-68; Ord. ~o_ 68, ~ XV,
11-2lPl)
Sec. 20.212. Lot CQveraie.
Seventy-five (75) peJ'Cent of the lot area i~ the
maximum which may be <,-overed by the prinoipal
and acoeeaory buildings or fltructu.reS located within
the R-3 Multiple.Family D~'olling Di8tricts.
(Ord. No. 4-4, W 44.46.7,1-8-68; Ord. No. 68, ~ XVI,
1l.2\}.1l)
Sec. 20-213. Off..treet parking 1'9guJatiortll.
All pvkina within the R-S Multiple-Family Dwell.
ing District ehall be provided in an otT'lltrlHt park-
ing lot, which shall 8.ocommodate at least two (2)
parking apaces for each UJlit located wlthln the
multipl~famny dwellinll' I5tructure.
(Ord. No. 44, ~ 44.45.6, 1.8-68: Ord. No. 68, ~
XVII. 11.29.71)
Sees. 20-Z14-20-230. Reserved.
DIVISION 7, C.} NEIGHBORHOOD
COMMERCIAL DISTRICTS
Sec, 20-231. In i~neral.
The C-l Neighborhood Commercial District con-
aiet, of lands abuttlni certain princjpa.1 streets,
the frontagee of which are ellpecially adaptable to
select.cd low-tcaffic-generatiDi uses. Adjoining these
lands are reaidential districts that would be ad-
versely affectod by a veater diversification of
uses creating aarlou6 problema ot tl'afiic movement
and generation. The dlstrict ia deoigned to pro-
mote l!lpa.ciou&nesa ofland Use.
(Ord. No- 44, ~ 44.413, l-B.BS)
Sec. 20-232. Ueell permltt~d.
(a) Within any C-l Neighborhood Co mme roill 1
Dba-iet, no building, struc:tUJ'8. land or wllur shall
be u~ except fot" one (1) or more of the following
uses:
(1) Adminilltratl~ public building';
(2) Advertising agencies;
(3) Alcoholic beverll\le lale$ (package);
(4) Alcoholic beversae on-premlBee con.sumption;
(6) AlterlltiolU and tailoring;
(6) A,tltlquo and iift 6hop;
1212
I
(-.-
. .
/
"
'--
I
'\
~2/22/2000 11:40 7407661
FEB-22-2000 11:33
DALVDESIGNGROUP
f-'AG\:.. tlL
"-.\11
Land u.. ...........
6) Hl~her Density R..idential i. defined a. 9.1 to 12.0 DU
per Acre.
)(
~
Higher Density Ro.ldentlal .hall be cOMprised ct
a~~ach.d ~ulti-ta.lly davelcp~ent5 oither owned 1n
tee-.l~pl. or in eondo~inium or leased or rented.
~ll Hlqher Den.ity ReA14entlal projecto ahall have
as a condition of approval a centralized mana~ement
a5socia~ion o~ desiqnated agent r..ponsible to
oversee tha~ the on-g01ng operation ot the project
as .. whol., especially \lith re.pect to exterior
maintenance, parkinq ra~ulation, and trash
collection, co~plie8 with city codes.
owner5 or all units laa.ect or rented to second
parties Qnall obtain an occupational license trom
the city.
Urban Dett9ity includes all develoPlQante qr-e.ter than 12.0
but 1.s5 than 21.0 units per acra that were preexi8tinq
or preapproved in 1991.
a.
b.
c.
Two parcels within the Tu5cawilla pUD are desi<jnated
tor dana1-ties hiqher then 12 OU per.cra by the
terms ot a Court-approved .ettlement ot a dlsputQ
bet~oen the Dev.loPQr and the city. The58 i.olated
exceptions .hall not be con.trluld AS BQ~tin9 a
precedent to alloW approvals on other undeveloped
property of densities b.yon~ the maximum ot 12.0 OU
por gross acre. only an a~endment to this Plan
shall authorize 1n thQ future such high dens1ty on
other proPQrty in the city.
b. pre-exiating develop~ents constructQd at den.it1es
graater than 12.0 DU per acre .hall be included in
this classifieation and be subject to operational
and malntenance standard. to bQ established in
r.vised r.9ula~ions.
----
a.
B)
c. owner. ot all unit. leasad or rented to ..condo
parties shall obtain an occupational licens8 trom
the City.
The City shall adopt lAnd development raC1ulatione to
pro~lde tor the i..uance of & VestQd Right. Special u..
Pt!rlllit when tne city or e court of oompetent juri5dlction
determines that Gn own_r haG relied in qood faith on an
act or omicsion of the government that create.
development riqht. and the owner ~a. fiO substantially
..-..
April 2.7, 1992
20
TOT~ P.01
02/08/2000 11:22
7407551
Q~~ YP~~.!~N_~OUP
-.- .-...- '--"--'._"'-""-'-'---~,-- '---"---'..-
PAGE 01
February 8, 2000
daly design group, inc.
Land PlannIng . Land.c~ Archtt.eh.Jfe
. Pro/eel MOIlag.m.nl
Me Charles Carrington
Community Development Director
VIA FACSIMILE: 407 327-7180
City of Winter Springs
Phono t
Phone'
F~'
'"IYO - SS:3
Fax'
Re: Density Verification
Job no 2003
Mr. Carrington,
As we discussed, our client is currently under contract to purchase 14.75 acre of land
within the city of Winter Springs. More specifically this property is located at the NE
comer of the intersection of S.R.434 and Golf Terrace dr.
It is our understanding that the property contains a future land usa designation of
commercial and that the current zoning is also commercial. It is our intention to develop
a multi-family project on this site.
Based upon the R-3 zoning regulations we will be able to build a maximum of 16 units
per acre on this site.
Please confirm this understanding in writing to our office. We are In the process of
formalizing our purchase agreement and need to fully understand this issue prior to
moving forward with our plans.
Thank you for your assistance on this matter.
Sincerely
Thomas Daly
President
Cc: Mr. Samuel Benson
.1'--' - '_
, , t ; ',' ~
'.- .
I, '. ".. I , :... ~,~ .
. .. ( .' ~ ~ ,
'_ -, . * - I
--__ I:
. . ..'; ~ 1 i ,-
861 I blvd. suite 125 . winter park. tl 32789
(Joly (j8slon oroup, Inc.. wes rnorse ,
phone 40/-740-7373 . fax 407-740-7661
02/14/2000 10:49 7407661
FE8-11-2000 12:16
DALYDESIGNGROUP
PAGE 01
P.02
CITY OF WINTER 8PRINGS, FLORIDA
1 \26 EAST STAlE: ROAO 434
WINTER SPRINGS. FLORIDA 32706-27lXl
lelephone (4071327-'800
Fp (407) a27.0018
Community Devolopment
FebrU..ry 9. 2000
Phone It
Phone II
Mr- Tbomu Daly, Prc8.ident
Daly Design Group, Inc.
861 West Morse Blvd., Suite 12S
Winter Park, FL 32789
FSlClI ?
Fax II
Dear Mr. Daly:
The 14.75 acre tract locattd at the northeast comer ofS.R. 434 and OolfTerrace Drive is
zoned neighborhood commercial district {C. 1). The Comprehensive Plan land use
deSiptiOD along S.R. 434 for a depth of approximately SOO feet is commercial. The
land use designation for the rear portion of the property is wban density rcsidentiil1.
The C.I zoning dilitrict allows multiple family as a conditioDBI use, arantod by the City
Commission after a Board of Adj ustlnent public m~ni ODd rowD1JU.eJ1dation.
Although the C-l district does DOt specify a multiple family density, the 60ard
traditionally recoDU11ends densities allowed in the R-3 district The R-3 district all~
multiple family d.e:nsities not to exceed 16 units per Acre.
The commercial land use plan desipation atollS S.R. 434 for a dqrth of approximately
~OO feet allows rou1tiple family with no cap on deIQity. The rear portion, designated
urban density residential, allows a multiple family density C1Ul8C of 12-21 units per acre.
However, the plan states that isolated Jeros approved uoder court order should not$Ct an
CXJlIllple for densitiC9 greater than 12 uoit3 per acre.
Call ifYQU have qucotions.
Sincerely,
~C:r---JZ
Charles C. Carrinaton. AICP,
Conununrty ~volopmont Din:<::tor
cc: Tom Orimms, Compre~nsive Planning Coord.
TOTAL P.132
62/22/2666 11:46
7467661
Community Davelopmenl
February 16,2000
Mr. Thomas Daly, President
Daly Design Group, Inc.
861 West Morse Blvd., Suite 125
Winter Parle, FL 32789
Dear Mr. Daly:
DALYDESIGNGROUP
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708.2799
Telephone (407) 327-1800
Fax (407) 327-0018
Pa.t-U' Fax Note
10
7671
PAGE 61
From
Co-
F\l)C ,
A13 was discussed in our meeting on Monday. February 14,2000,1 want to provide further
clarification of the third paragraph of my letter to you dated February 9. 2000. I want to
specifically point out the language in the Comprehensive Plan relating to the court order
on density above 12 units per acre. Page 20 of the Comprehensive Plan sbites the
following:
"Two parcels within the Tuscawilla PUD arc designated for densities higher
than 12 DU per acre by the terms of a Court-approved settlement of a dispute
between the Developcf and the City. These isolated exceptions shall not be
construed as setting a precedent to allow approvals on other undeveloped
property of densities beyond the maximum of 12.0 DU per gross acre. Qn1y
an am~dment to this Plan sh.all authorize in the (murc such high d~itv 9D
Qther PJOperty in t4e City. II
Phone ,
FlIx' 7<10 _ 553.3
Please contact Tom Grimms if you have further questionB.
Sincerely.
~~----~
Charles C. Carrington. AlCP,
Community Development Director
cc: Don leBlanc, Land Development Coord.
Tom Grimms.. Comprehensive PlanninR Coord.
FE;.B-15-88 TUE
"
18_:89
"'-) -,.:..--'
P.28
-!,
. '
ll^ III EX lEI IS I 01/ CIIAnGES MID I~A T ER
AIW SEIJ^GE SYSTEt'~_ COlmUnUTIOIlS
The Developer agrees to Plly, in order to induce the Service COlllpany
to provide service, the following "lain Extension Charges for the lIydrilulic
Share of off-site facHities. Said "lain ExtC!llsion Charges to lJe paid by
Developer are those which are set forth in Service COlllPililY's Uniforll\ 1-IJter
illld Se~ler Service Policy al>pro,!ed by the Florida Public Service Conlllission
and, accordingly, these charges may be changed from tillle to time .Ii th the
, approval of the Conmission.
Payment-Schedule
Hilter: ,
Gallons/Day tiufllber of Tota I
[JuInb~ R >O<f ERC Cha rge Total
6ooJJ.g C!l:kiom> Uiiits. Factor, ERCs Per ERC Charges
--
87,880 251 1.0 251 $275.00 $, 69,025.00
Sewer: '
Gallons/Day Tota 1 Ch.lI"ge Total
I ~JHt~ >Pl Number of ERC
C:Q1IHI ~~ 5< -Units'" Factor [Res Per ERC Chilr~
-'
60,000 251 1.0 251 $ <150.00 $112,950.00
Grand Total
S -L!U,(~-L~ 00
"The term "-unit'" refers to the appHcilble cOlllponilnt which is the basis for
determining the \~ater or se\~e'g~,-!_~OHS.
EXIIIOIT "C'_'
(
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P.02
,Bi\,._.Cy~'s ----
\1,"\;.\1;; 01-' .l'll0Jt::C1" -
,FED- 1 5-00
TUE
'3 :- 5 6
- ,\-->'
.\;-~./ -.'
Df,VI;:Lorr:R J\(~I1r:.EI'\CllT
TillS l\CIl.EEI-1CIlT mode and entC1reo into this _2P~ liD)' of
gptember 1984
, by and bct~/Ccn
__BIG CYPRESS ASSqCIATES, LTD.
hereinilfter referred to ~s "Developer", and l~orth orlando' "later and
Sewer corporotion. a Florida corporation, hereinafter referre~ t6
as "Service Compnny". .
\.)JlERE]\'S, Developer ownS or controls lands located in
Ser.'\inole C.aunty, F:)..orida <lnd described in Ey.hibit "J\" attached
hereto and pade a part hereof as if fully se~ o~t in this paragraph
and hereinafter :referred to as the "property", and Developer
i ntenc s to deve lop the property- by erecting thereon t individually
metered resident~al units, geneTol service units, or co~bination of
these; and
,')HEREl\S. Developer has 0 f f icia l)..y requested that the
Service Company provide central water distribution and sewage
collection service for: Developer's property herein described in
E~hibit dJ\R; and
W~BREAS, the Service cornpany is. willing to provide, in
accordance with the provisions of this Agreement and Service
company' 5 main extension. policy, cenj:ral 'Jater and se,~er services
to -the property and thereafter operate applicable facilities so
that the occupants of the improvements on the property will receive
an adequate water supply and sewage collection and disposal service
from Service _ Company; and .
J-)iiEREAS, the Florida Public Se:r.vice cor;vnission, having
regulatory authority over Service CompClny, issued an order on
],UC\.lst 17, 1983, requiring Service COJ\1pany to amend its service
.v~il'bili~~: char.e. and to collect cert.in incie..ed .ervice
...il.bility charge. Q.~r those pre.iou.'y utili.ed by Service
Co~pany; and .~
....,t.
l-jHEREl\S, the execution of this Agreement is required in
order to conply ,.,ith th. pro.isions of the "id F,orida .poblic
serv'ice co;;vnission orcer and to put into .effect the said inc:rease
in ra'" and ch..ge. for .ervice a.ailability as to tho"
developer. h..ing .greements not incorporating the provi,'an, of
the. said order of the Public Service Commi.ssion hereinabove
r;lentionedi and .
.' \';HEI'El>.S, Sa:rvice COIT.pan)' feels compelled to discl-ose to
doveloper th,t Servie. Comp.ny is currently'engoged 'n "'90ti.tion,
for "le' 0' tho .".tS of service cor-.p.ny to a go",,,n..ntol
authority and Service Co~pony "e,ire' to ",.l,e provi,;.on for the
o,.iSnpcnt of the ooliga o;.on' 0 f Service company cant. ined herein
to any such govern~cntal purcho5Cr; and
,'1J1ERE"S. Developer's project and the receipt of \J~ter and
,o"e r '. .ervice i' con t ;.no e n t upon the con. tr" edon · nd u t ";'0 t ion
of exi-,ting and conte",platcd weter and .e,,,ge ,erviee facilities
and t.he availability of capncity of those 'facilities;
EXHIB IT C
, ".~y,."
... .:.:::.:::~':'~ :
,..........-.... .
--
9:57
_FEB-15-00 TUE
'/
..;.
P.03
NOI'/ TIIERI::fORE,for iln'1 in consl<lcriltion of tbc prcmi$cS, the
mutu<:ll undertLly.ings ilno ogrecmcnts t>erein cont:1inct1 i:lnl! ,1!;SUr.1'':o,
Developer i1nd Service comp0.ny hcreby coven.1nt 0.nd ;:lgrce 0.:0 follo\~s:
1. The foregoing stiltcment~ Drc true ond
correct.
2. The following definit~ons and references
are given for the 'purpose of interpreting
the te~ms as used in this ~gree~ent "nd
apply unless the conte~t indicateS a
different meaning: '
(a)
"consumer Instl.\llation" - 1\11 fi:lcili-
tTes orclinilrily on the consumer's
side of the point of delivery.
(b), .. Con tr ibu tion- in-a ia-a f -Cons truC t ion
(CIl\C)" - TI)c sum of money ilnd/or
t~alue of property represented
by the cost of the wilter distribU-
tion and sewage collection systems
including lift stations and treat-
ment plants constructed or to be
constructed by a Developer or owner,
which Develol?er or O\,mer transfers,
,or agrees to transfer, to Service
-Compilny at no cost to Service
company, in order to induce
Service ComPilny to provide Utility
Service to specified property-
(c) "Development Phase" - A subdivision
or construction phase of the con-
struction of utility facilities on
property.
\
(d) "Equivalent Residenti~l 'Co-hnection
(Ene)" _ ]>. factor used to convert a
gIven average daily flo\ol (l\Of) to
the equivalent number of residen-
tial connections. For this purpose
the average daily,flow of one equiva-
lent residential connection (E~C)
is 350 gallons per dilY (gpd) for
water service and 250 gallons per
day (gpd~ for sewer service. The_
number of.~~S's contained in a given
ADF (water or-sewer) is determined
by dividing the ADF by the appropriate
ERC gallons per day. The determina-
tion of the number of ERC's for
. the Property shall be subject to
factoring as outlined in Service
company's tariff, or as mutua~ly
agreed upon by Service Company and
Developer, if applicoble.
(e) "l'~otice to procE1ed" - 1\ document
ey.ccutedD)' Developer e;l.pressing a
form~l order pur~u~nt to the D~veloper
agreement, for specific water and/
or sewer service.
If) "point of Deliver:t" - The point where
the pipes or meter of Service Company
are connected with the pipes of the
consum~r. UnlesS 'otherwise indiCAted,
point of delivery 511.:111 be at the
consumer's lot line.
-2-
.(g)
T U E ., ,9 : 5 7
-...:..:) ~'
"p" .......-1
~~ _ The area or pvrcc1
land described in Exhibit "A".
P.04
,_FEB-15-00
of
(h) "Service" - The reZldincss i:lnd ability
on~-purt of Service Compony to
furnish and muintuin wuter and se~er
service to the point of delivery for
each lot or tract (pursuant to appli-
cable rules and regulations of ~ppli-
cable regulatory a~enci~s).
3. 1\ssur<lnce o~~itle - Hithin a period of forty-five (45)
duYs after the execution of this contract, or prior to Developer
issuing the Notice to proceed to Service Company, Dt-thc expen~e of
Developer, Developer agrees to deliver to Service CompDny a
certificLlte of Title, a Title InSurance Policy or an op~nlon of
title from a qualified attorney-at-law, with respect to the
Property. The provisions of this parugroph are for the purpose of-
evidencing Developer's legal right to grant the exclusive right5 of
service contained in this Agreement.
4.
any vater
applicable,
and' se.....age
company the
Connection ChargeS - In addition to the contrihution of
distribution and. sewage collection systems, where
and further to induce Service Company to pro,vioe water
service, Developer hereby agrees to pay to Service
follovin9 connection charges:
(a) contribution~ in A~d of Construction:
(1) plant Capacity _Charges - The contri-
bution of a portion of the cost of
construction of treatment plants,
described in ~xhibit _"B'~.
(2) Main Extension Charges - The cost of
off-site wat~r,and ~ewage systems, as
described in Exhibit "C"."-
, \
(b) Payment of the connection charges does not-
and will not result in service Company
waiving any of its rates or rules and regu-
lati9ns. 'and their enforcement shall not
be affected in any manner whats6ever by
Dev~loperrnakin~ paymerit of sam~. Service
Company shall not be Obligated to refund
t~ Developer any portion of the value of
th~ connection charges for any reason
whatsDever, nOf shall Service Company
pay any interes~_or rate of interest upon
the connection charges paid.
Neither Developer nor any person or other
entity holding any of the property by,
through or und~r Developer, or otherwise,
shaJ,l have any present or future right,- ,
title, claim or interest in and to the
connection charges paid or to any of the
water or sewer facilities and properties
of service Company, and all prohibitions
applic~ble to Developer with respect to
no refund Df connection charges, nO
interest puyment on s~id connection
chnrgeS and otherwise. are applicable
to all persons or entities.
Any user or consumer of water or sewer
service shall not be entitled to offset
any bill or bills rend~red by Service
Company for such se~vice or services
agninst the connection chDrgcs paid.
Developer shall not be entitled to offset
the connection charges against any claim
or claims of Service Compnny.
-3-
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FEB-15-00 TUE
9:58
P.05
", 5. f',1vrn-:-o':- '--~- Dcvc Loper
!JILlllt ilod r.\.:llil cilp.:lcil:y chorgc5
ut the time of eJ'ecution hereof.
;
:;h,dl p.:l)' iT. full illl trCi1tr:1cnt
for <:lll cilpi1cit.y reserv0.u hereunder
6. The pLlrties agree th::lt the c."lp.:lcit).. needed to pro'doc
sCr\'icc to the Property is ~~ 9,,1 ton!; per d<:lY for poti1ble
\JutC! !;upply and 60.000 911110115 r~r Ui\Y [or .....n:>tCI'J."\ter relllovLll.
lJc\'elopcr agree:; tl1::Jt the nUr.\u(lr of ul1its of cilpuciti'_ rc:;crvetl
Ilcrcl>y shull not c~:("cetl the nUr.1llcr- or ullits of development Cor
\.Ihich CLlp.:lcityis reserved her-cby pursu.:lnt to _C:<hibits ,B and- C.
lJe\'eloper agr.ces thilt sew;:ge to be tr0.i'\tctl by S0.rvicc COlnpan, from
D(l';elopcr's, propert:-, .....i1.1. consir.t 0: dOlne!;tic ',JLlste\.-JLltcr and
[urtllc',C' ;:l_g rees tha tit .....ill not Llllol-1 ;:lilY ;:lbllO(lnul s t rCllg th- se\.-Joge
to flow from Developer's proper.ty to th,) Utility's S'.:!\.-J;:lge trc.Jtrncnt
filcility that ,...ill c"u~e har:rn to the trciltment procp.!,;S. In
aduition, developer further C1grceS thilt no wastewLlters, fluids or
other ~u_bst.Jnccs and materials shall be tli!;ch.1rgerl to Service
Con'pany's s.J.nit:'lry se\,'er collection/tr-<111r.lnissiol1 systemJ which
cont;)~ns ony h;:Hilnlous, infl,lInJnLlblc:, toxic _ond/or industrio1.
constituents, in \o;holc or in p.Jrt, rcg;)rcJless of tile concentrations
(i.c., stx:cl1gths) _of s:'Iid constituents. lJevclopeJ:' grants to
Scr'..ic~ Compony the right to Sill"ple the Developer's sq.Wi\.ge, os
referred to hereinabove, to verify Developer's compliance with this
parilgraph-
7. On-site Installntion To induce Service COlnpany to
provide the water treatment and se~D~e collection and disposal
f<lcilities, and to continuously pr?..,ide consumers loc:ated on the
,Property \.lith ....ate!' and sewer serVlces, unless othe[\o/ise provided
for herein, develcper hereby covenan~s nnd nqrecs to construct and
to tr;:lns fer o'..:ne.rship and c'ontrol to Service Compilny, ilS - a
contcibu tion-in-aid-of-constructio.n, tile oo-S i tc wa ter distribution
and seHoge collection'systems locilted on developer's property. The
term non-'site wilter di'stribution and seHage collection systems"
means und include-s all water di5tribution i),nu supply mains, lines
and pipes, and related facilities, um1 SlZwage collection "lines,
facilities <lnd equipment, inclucHng pumping stiltions. con:>tructed
.....ithin the boundaries of Developer's property adequate in size to
!;crvc each lot or unit within the propc:cty or as otllerwj.se requireo
bj- service CornpLlny. Developer sh:'lll install at its sole expense,
011 of the aforesili<l facilities withill the property in uccordance
\Jith the pl<;lns, specifications and Llll other pertinent uocuments
approved by the Sec/ice Company. Developer will furni,sh Service
CCr.1pLlny with three (3) copies of the plLlns and specificutions for
th~ ......ater distrj.bution system, se"ilge collection milin,' lift
stations and other facilities necessary to serve the property
described in Exhibit Un".
(a)
Developer shai}_pbtain approvul of plans
and specificLltio~s from illl necessary
agencics. llo construction shall" commence
until Se,C',/ice Comp.J.ny and ()p-~ropriate
regulatory agencies_have approved such
plans and specifications in .....riting. If
construction commences prior to ull such
approvols and any other ilpprovuls required
hccc;::uJ1der, Service CompilllY sha)l hilve no
responsibility to accept such linos
ohd facilities ilnd Service COr.1pilIlY ",ill'
elect to ter",in.Jtc this ^grccrnent and/
or not provide service to Developer until
!i U c h t i rr.e u s De vel ope rob t" 1 n s u 11 sue h r e -
qui red ilppro\'.:lls. Hhcn permits ilnd upproved
plans arc returned by .Jppropriote regulatory
agencies to Developer, Developer shull
submit to Service Con'pol1Y one copy of the
\Jiltec illld/or ,sewcr construction pecmit illld
approved pl.:lns. Developer shall also supply
-4-
FEB-15-1313 TUE
9:59
P.136
'-;-'
'-,
to the Service compa~y a copy of the final
estimate of payment covering all contract
items and Release of Lien from Contr~ctor(s).
(b) After the approval of plans and specifica~
tions by Service Company and appropriate
regulatory agencies, Developer, or the
engineer of record, shall set up a precon-
struction conference with engineer of _
record, utility contractor, appropriate
building official(s), all other utility
companies involved in the development of
the Pkoperty, and Service Comp~ny, as may
be appropriate.
Developer shall provide to Service Company's
repres~ntative forty-eight (48) hours written
notice prior to commencement of construction
and forty-eight (48) hours written notice
prior to any inspections or tests being
performed as described herein. "Notice"
shall be complete when Service Company
actually receives same.
During the construction of the Ha'ter dis-
tribution and sewage collection systems by
Developer; Service Company shall have th,e
right to inspect such installations to
determine compliance with the approved plans
and specifications: . The engineer of record
shall also inspect construction to insure
'compliance with the approved plans and
specifications. The engineer of record and
Utility contractor shall be present for
all standard tests and inspections for
pressure, exfiltration, line and grade,
and all other normal engineering tests .and
inspections to determine that the systems
have been installed in accordance with
the approved plans and specifications, and
good engineering practices. '
(c) Upon completion ,of construction, .Developer's
engineer of record shall submit to Service
Company a copy of the signed certification
of'~ompletion submitted to the appropriate
regulatory ag~ncies. If certification is
for the \Vater, d-:i.~stribution system, a copy
of the bacteriolbgical results and a sketch
showing locations-of all sample points shal~
be included. The engineer of record shall
also submit to Service Company ammonia mylars
of th~ as-bu~lt plans prepared and certified
by the engineer of record.
(d) Developer Hill provide Service Company with
two (2) copies of the approved paving and
drainage plans.
(e) Developer will provide Service Company with
three (3) copies of the 2pproved subdivision
plat.
8. Off-Site Installation - The Developer will construct and
install all water malons, - gravloty se\...'er lines, lift station (s) and
force main (5) from Developer's property to the Service Company's
existing faciliti~s in acco.dance with overall master plan$ of the
utility system and in accordance with approved engineeringp1an~ and
specifi"cations. J\t all times prior to, during and upon completion
-5-
FEB-15-00 TUE 10:00
P.07
,~. .
'~.'
of the construction of the extension!' of ....nter Clnd sewer lines,
Service Company shall have the right. to . in!;pect and - approve all
construction plans and specifications, piping, connections,
equipm-ent. mate-rials and construction ....orl< being prov'ided or
performed, or previously provi~ed or performed, by or on behalf of
the Developer. Such approval shall not be unreasonably withheld or
delayed by Service Company, Clnd any costs of such inspections shall
be borne by Sex:-vice Company. It shall be the Developer' s
re~PQnsibility to insure that all construction fully meets the plans
and specifications approved by the Sex:-vice Company. As a condition
precedent to ~eceiving water and sewer scx:-vice, Developer sholl:
(<;I) Provide Service C.ompany \~i th three (3)
copies of the approved subdivision plat.
(b) Provide Service Company with thx:-ee (3)
copies of the appx:-oved paving and drainage
plans of the development.
(c) Furriish Service Company with three (3)
copies of the plans, specifications and
.engineering cos~ estimate fox:- the water
distribution system, se\ola'ge collection
system, lift station(s) and other facili-
ties necessary to sex:-ve the property
described in Exhibit "A". Developer must
receive approval from Service Company of
said plans, specifications and engineering
cost estimate prior to proceeding with any
construction of the facilities.
(d) Obtain approval of the plans and specifi-
cations from all necessary governmental
agencies, including, but not limited to,
the Florida Department of Environmental
Regulation, the County of Seminole, and/
or the City.of Winter Springs. . No con-
struction shall 'COllUl1ence until Service
Co~pany and appropriate regulatory.agen-
cies have approved such plans and speci-
fic~tions in writi~g. When permits and.
approved plans are returned by appropriate
regulatory agencies to Developer, Developer
shall submit to Service Company one (1)
copy of water and/or sewer construction
pe~~it and approved plans.
(e) After- the appro'tf,&-l of plans and specifi-
cations by Servit~ Company and appropriate
regu~atory agencies, Developer, or the
engineer of record, shal.1.set up a precon-
structlon conference with engineer of
record~ utility contractor, appropriate
building official (5), all other -utility
companies involved in the development of
the Property, and Sex:-vice Company, as may
be appropriate.
Developer shall provide to Service Company's
representative forty-eight .(48) hour~ written
notice prior to commencem~nt of construction
and forty-eight (48) hours written notice
prior to any inspections or tests being per-
formed as described herein. "Notice" sh"ll
be complete when Service Company actually
receives s~me.
During the construction of tne ....ater dis-
tribution and sewage collectiory systems by
-6-
..".'. .
FEB-15-00 TUE 10:00
\ -
._J
',:..:..,;:
\
Developer, Service Compony shall hnve the
right to inspect such installations to
determine compliance with the approved plans
and specifications. The engineer of record
shall al~'o inspect construction to assure
compliance with the approved plons and spec i-
ficatioris. The engineer of record
and utility contractor shall be present
all standard tests and inspections for
pressure, exfiltration, line Dnd grade', and
all 'other normal engineering tests and
inspections to petermine that the systems
have been installed in acc_ordonce with the
approved plans and specifications, and
good engineering practices.
( fl
Upon completion of construction, Developer's
engineer of record shall submit to Service
Company a copy of the signed certification
of compl~tion submitted to the appropriate
regulatory agencies; If certification is
for the water distribution system, a copy
of the bacteriological results and a sketch
showing locations of all sample points shall
be included.
Developer's engineer shall deliver one (1)
set of ammonia mylars of "l\.s-built" engineering
plans, prepared by tre professional engineer of
record, showing the location of all water and
sewer systems and services installed, and
certification by the professional engineer
of record to the Service Company that such.
systems and services, as built, comply with
the plans and specifications approved by. the-
Service Company.
Furnish proof satisfactory to the Service
Company that the installation of the facili-
ties and all contractors, subcontractors,
materialmen and laborers have been paid in
full, and provide an engineer's certificate
of total cost of improvements, i~e., by
Release of Lien or other appropriate means.
(91 lnstall, at its sole expense, all of the
aforesaid facilities off-site, in accordance
with the plans ~nd specifications approved
by the Service COmpany. The Service Company
agrees it will complete .its review of the
plans and specifications within thirty (30)
days of receipt from the Developer.
P_08
9. By these presents, Developer hereby agrees to transfer
to Service company' title to. all water di~tribution and sewage
collection systems installed by Developer or Developer's contractor,
pursuant to the provisions of this Agreement. Such conveyance shall
tay.e effect at the time Service Company issues its final letter of
acceptance. As further evidence of said transfer of title, upon
completion of the installation, but prior to the issuance of the
final letter of acceptance and the rendering of service by Service
Co~pany, Developer shall:
(a) Convey to Service Company, by bill of sale
in form satisfactory to Service Company,
the water distribution and sewage collection
systems as constructed by Developer and
approved by Service Company, as appropri~te
for Service Company ownership.
(hI Provide' Service Company with copies of
Releases of Lien for said invoices.
-7-
<.; .
FEB-15-00 TUE 10:01
P.09
(c) ^~sign any and all ~arranties and/or main-
tenance bonds Rnd the rights to, enforce
same to the Service Company which Developer
ohtains from any contractor constructing
th~ utility systems. Developer shall remain
secondarily liable on such warranties. If
Developer does not obtain such written
warranty and/or maintenance bond from its
contractor and deliver sa~e to Service
Company, which wnrranty and/or maintenance
bond shall be for a minimum period of o~e
year, then in such event, Developer by
the terms of this instrument, agrees to
indemnify and save harmless the S~rvice
Company for any loss, damages, costs,
claims, suits, debts or demands by reason
of latent defects in the syste~s which
could not have been reasonably discovered
upon normal engineering inspection, for a
period of one year from the date of accept-
'ance by the Servic~-Company of said utility
systems. '
(d) Provide service Company with all appropriate
operation/maintenance and parts manuals.
(e) Further cause to be conveyeq'~9 Service
Company' all ea?ements and/or rights-of-way
covering areas in which water and sewer
systems are installed, by recordable docu-
ment in form satisfactory to Service Company.
(f) Convey title to Service Company, by record-
able document in form satisfactory to Service
Company,- an acceptable site for any lift
stations constructed on Developer's Property
along with recordable ingress/egress ease-
men t - documen ts. . '
Service Company agrees that the issuance of the final
letter of acceptance for the water distribution and sewage
collection systems installed by. Developer shall constitute the
assumption of responsibility by Service Company for the continuous
operation ahd maintenance of such systems from that date forward.
't-
10. Easements - Developer hereby grants' and gives to Service
Company, its------SUcces5"ors a_nd assigns, but s~lbject - to the terms of
this Agreement, the exclusi'\le_ right or priviiege to construct, Olm,
l!Iointain or operate the \~ati:,!'r and se\,'er facilities to serve the
Property; and the exclusive right or privilege to construct,'--OIm,
maintain and operate said facilities in, under, upon, over ~nd
~crosS the present and future streets, -roads, alleys and easements,
reserved utility strips and utility sites, and any public place as_
provided and dedicated to public use in the record plats, or as
provided for in agreements, dedications or grants made btherwise and
is independent of said record plats. ~Iortgagees, if any, holding
prior liens on the Property shall be ~eq\\ired to either release such
liens, subordinate their position or join in the grant or dedication
of the easements or rights-of-way, or give to Service Company
assur~nce by ..,Iay of a "non-disturbance agreement", that in the event
of foreclosure, mortgagee would continue to recognize the easement
rights of Service Company, as long as Service Company complies with
the terms of this q.greement. All water distribution and seHage
collection facilities, save and except consumer installations, shall
be covered by e3sements or rights-of-way if not located within
platted or dedicated roads or rights-of~way for utility purposes.
Developer 'hereby further agrees that the foregoing
grants include the necessary right of ingress and egress to any part
of the Developer I s property upon - \~hich Service Company is
constructing or operating utility facilities. The foregoing grants
-8-
F~B-15-e0 TUE 1~:02
P. 10
,--,-
---:_/
shall be for such period of time as Service Company or its
7uccessois or assigns reguire such rights, privileges or casements
An the_construction, ownership, maiptenancc, operation or cxpnnsion
of the water and _zc\o.Icr facilities. The parties agree that in the
event Developer and Service Company agree to install ()n~' of the
water or sC\o.Ier ~acilities in'lands within the Property.lying outside
the streets and easement areilS described above-, then Developer or,
the owner shall grant to Servic~ Company, the necessary ebsement or
C:l!;-cments for such "private property" installation; provided" all
such "private property" installations by Service Company shall be
made in such a manner as no~ to interfere with the then primary use
of such "private property". The use of easements granted by
Developer to Service ComI?any shall not preclude the use by other
utilities of these easements, such as for cable t€levision,
teleph6ne, electric~_or gas utilities, or as other\o.lise agreed to by
Service Company, provided each does not interfere with Service
Company's use thereof.
Service Company hereby agrees that all easement grants
will be _utilized in accordance with the established and generally
accepted practices o( the,water and sewer industry with- respe~t to
the installation of all its facilities in any of the easement, areas.
11. A~reement to Serve - Upon the completion of construction
_ of the \Ja ter a-ner se\oler fac1-li ties by Developer, its inspection, the
issuance of the, final lett-er of acceptance by service Company, and
the other terms of .this ~gteemant' and Service Company.s Main
Extension Policy, . Service Company covenants and agrees that it will
allow the connection of the water distribution and sewage collection
f~cilities installed by Develo~er' to the central facilities of
Service Company and provide utility service in accordance with the
terms and intent of this Agreement. Such connections shall at all
times be in accordance with rules, regulations and orders of the
applicable governmental authorities. Service Company agrees that
orice it provides water and sewer service to the Property and
Developer or others- have connected consumer installations to its
system, that _ thereafter Service Cornpany \oIill' continuously provide,
in accordance with the other provisions of this agreement, including
rules and regulations and rate schedules, wate~ and sewer service to
the Property in a manne:r to conform IJith all requirements of the
applicable governmental authority having jurisdiction over the
operations of Service Company. '
12. Application for Servi~e: ~onsumer Installations
Developer, or any o\omer of any parcel of the Property, or any
_, occupant of any residence,' building or unit located thereon shall
not have the . right to and shall not connect. any consumer
installation to the facilities of Service Company until formal
written application has -_b'~D made to Service Company by the
prospective user of service, or eith~r-of them, in accordance_~ith
the then effective- rules and regulations of Service Company and
approval for such connection has been granted.
Although the responsibility -for connecting the consumer
installation to the meter and/or lines of Service Company at the
point of delivery i~ that of the Developer or entity other than -
Service Company, with reference to such connections, the parties
agree as follows:
(a) ^pplication for the installation of water
meters and back flow preventors shall be
m~de- twenty-four (24) hours in advance,
not including Saturdays, Sundays and
holidays. '
(b) All consumer installation connections may at
its sole option be- inspected by Service
Company before backfilling and covering
of any pipes. '
-9-
':"..
FE~-15-00 TUE 10.:03
p _ 1 1
\-......"
, ,
(c) I/ritten notice to Service Company requesting
an inspection of a consumer installation
connection may be give~ by the Developer
or his contractor, and the inspection will
be made within twenty-four (24) hours,
not including Saturo0Ys, Sundays and
holidays, provided the water meter and
backflow preventor, if applicable, have
been previously installed.
(d) If Service Company fails to inspect the
consumer installation connection within
forty-eight (48) hours after ~uch inspection
is requested in writing by Developer or
the owner of any parcel, Developer or
owner may backfill or cover the pipes
without Service Company's approval and
Service Company must accept the connection
as to any matter which could- have been
discovered by such inspection.
(e) The cost of constructing,. ~perating, repairing
or Dnintaining consumer installations shall
be that of Developer or a party other than
Service Company.
(f) If a kitchen, cafeteria, restaurant or other
food preparation or dining facility is con-
structed within the Property, the Service
Company shall have the right to require
that' a grease trap and/or pretreatment unit
be constructed, installed and ~onnected so
that.all waste waters .from any grease pro-
ducing equipment within such facilitv, in-
cluding floor drains in food preparation
areas, _~hall first enter the grease trap
for pretreatment b~fore the waste~ater is
delivered to the lines of the Service .
Company. The siz~, materials and construction
of said grease trap are to be approved
by Service Company. Developer hereby grants
to Service Company the right,to periodically
inspect .the pretreatment facilities herein
described. The provisions of this paragraph
shall not apply to individual residential
kitG:hens.
No substance bth-i;f:x:.. than domestic IJastewater
will be placed ihto the sewage system
and delivered to the lines of the Service
Company. Should any non-domestic wastes,
grease or oils, including, but not limited
to, floor wax or paint, be delivered to
the lines, the Customer will be responsible
for payment of the cost and expense required
in correcting or repairing any resulting
damage or impairment to the treatment pro-
cess and/or facilities.
13. Service com~anyls Exclusive Right to Utility Facilities
Developer agrees Hit se-i--vice Company -t"hat all water and se...er
fClcilities accepted by Service Company. in connection ...!ith pro_viding
...ater and se~er services to the Property shall at all times remain
in the sole, complete a.nd exclusive o\Jnership of Service Company,
its successors and assigns, and any person or entity owning any part
of the Property or any residence, building, or unit constructed or
located thereon, shull. not have any right, title, claim or interest
in and to such facilities -or any part of them, for 2ny 'purpose,
including the furnishing of water or sewer services to other persons
or entities located within or beyond the limits of the Property.
-10-
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FEB-15-00 TUE .10:03
p _ 1 ::2
Developer m;JY provide - for: the avail",bility' 0'[ those wuter services
to the Property which con!;titute "non-dol,nestie" uses such os for
irrig~tion purposes.'
, -,
..:.:...;,.,..
.....:..:
14. Exclusive Right. to Provide Sr:rvice - lis ~ further and
essential ce>nsidcration of this ^greement, DC'Jcloper, or the
SllCCCssors i\nd assigns of Developer, shall not (t.he \.Jords "shall
not" being used in a mLlndatory definition) enCJage in business or
busin~sses of providing potable 'v.'at.er or sewer services to. .the
Property during the period of time Service Company, its successors
and assigns, provide \'Iater and seHer serviccs to the Property, it
being the intention of the parties hereto that under the foregoing
provision and also other provisions of this Agreement, Service
Company shDll hClV~ the sole and exclusive right and privilege to
provide water and sewer services to the Property and to the
occupants of each residence, building or unit constructed thereon,
except for the providing by Developer, from its own sources and
lines for irrigation uses.
15. Rates Service Company agrees that the rates to be
charged to Developer and individu<:ll consumers of water and sewer
services shall be those set forth in the turiff of Service Company
approved by the applicable governmental agency. However,
notwithstanding any provision in this Agreement, Service Company,
its successors and assigns, may establish, amend or revise, from
time to time in the future, and enforce'rates or rate schedules so
established and enforced and shall at all times be reasonable and-
6ubject to regulations by the ~pplicable governmental agency or as
may be provided by law.
l:otwithstanding any provision in this Agreement, Service
Company may establish, c.r:'Iend or revise, from time to time, in the
future, and enforce rules and regulations covering water and sewer
services to the Property, including the costs there~f.
Any such initial OJ;' future lower Or incre1'\sed rates,
rate schedules, and rules and regulations estClblished, amended or
revised a.nd enforced by Service Company from time to time in the
future, _ as' provided by law, shall- be binding upon Developer; upon
any person or other entity holding by, through or under Developer;
and upon any user or consumer of the water and sewer service
provided to the p~operty by Service Company.
16. Bindi~ Effect of Agreement -: This Agreement
binding upon and sna11 :l.nure to the benefit of Developer,
_Company and -their respectiv.e assigns and successors by
con'solidation,- conveyance or othe'rw"ise, subject to the terms
agreement as contained h~~~~n. '~,
..~
......
shall be
Service
merger,
of this
In the event of a"-'-sale of -all, or substantially all, of
tha stock or assets of Service Company ,to a goverrimental ,agenc~ or
aut,hority or third party,- such governmental agency, auth~ri.t~, .or
third party shall assume all of Service Company's responslbllltles
and duties to ,Developer hereunder and the liability of Service
Company shall cease. Any such purchaser must, ho\.;ever, acknowleege
its obligation to honor- this Agreement.'
IHS'CELLA,NEOUS PROVISIONS
.17. I:otice - Until further ,,'ritten notice by either pa::ty to
the ot-h~r, all notices provided for herein shall be iri Hriting and
transmitted by me~senger, by mail or by telegram, and if to
Develo"per, shall be mailed or delivered to Developer at:
L. C. Grammer, President
Big Cypress Associates, LTD.
P. 0'. Box 20394
Orlandol-'Flor~da 32814
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With a Copy -to:
and if the Se~vice Company,_ at: North Orlando Water (, Sewer
Corp6ration, c/o Utilities Director, suite 900, CNA:Tower, 255 south.
Orange Avenue', .orlando,. Florida 32801, with a copy to Hyers, Kenin,
Levinson, Ruffner, Frank (, Richard~, 1020 East Lafayette Street,
Suite 103, Tallahassee, Florida 32301, Attention: william E.
Sundstrom. -. ..
la. Laws of Florida -. This Agreement shall be governed by'
the law? of the .State of Florida and it shall be and become
effective immediately upon execution by both parties hereto, subject
to any approvals whiQh must be obtained from governmental authority,
if applicable.
19. Cost and. Attorney I s Fees .- In the event the Service
Company or Developer is required to enforce this Agreement by Court
proceedings or otherwise, by instituting ~uit or otherwise, then the
prevDiling party shall be entitled to recover from the other party
all costs incur~ed, including reasonable attorney's fees.
20. Force Ma;eu:t:"e In the event that the performance of
this Agreement bY"itfher party. to this Agreement is prevented or
inter~upted in consequence of any cause beyond the control of either
party, including but not limited to Act of God- or of the Public
enemy, war, national emergency, allocation or of other governmental
rest!:"ictions upon the use or availability of labor or materials,
rationing, civil insurrection, riot, racial or civil rights disorder
or demonstration, strike, embargo, flood, tidal wave, fire,
explosion, bo_mb detonation, nuclear fallout, windstonTI, hurricane,
earthquake, or other casualty or disaster or catastrophe,
unforeseeable failure or breakdown of pumping transmission or other
facilities, any and all governmental rules or acts or orders or
restrictions or regulations or requirements, acts or action of any
government or public or governmental authority or cOfT\J1\ission or
board or agency or agent or official or officer, the. enactment of
any statute or oroinance or resolution or. .regulation or rule or
ruling or order, order or decree or judgment or restraining oroer or
inj-unction of .any court, said 'party shall not be liable for such
non-performance:
21. In the_ event .S;'t.vice Corr.pany' s performance is prevented
by the happening of -an event of "force majeure" as referenced in
Section 20 above, Service Company- shall refund to Developer- the
amount of monies previously paid by Developer to Service Company.
Such refund shall be without interest or-penalty.
22. The. rights, privileges, obligations and covenants -of
Developer and Service Company shall survive the completion of the
work of Developer \'lith respect to completing the facilities and
services to any development phase and to the Property as a ~hole.
23. This Agreement supersedes all previous agreements or
representations, either verbal or written, heretofore in effect
be tween Developer and Service COr:1pany, made - \oli th respect to the
mDtters herein contained, and when duly executed, fully constitutes
the agreement between Developer and Service CompDny. No additions,
alteration, or variations of the terms of this Agreement shall be
vZllid, nor can provisions of this Agreement be waived by. either
party, unless such Ddditions, alterations, variations or waivers are
expressed in writing and duly signed.
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24. Service Company's liubility to Developer for
non-performance herein chaii be limitect to .the provisions of Section
21 hereof.
<:lnd
and
the
2S. \~henever the singular number is used in this Agreement
when required by the context, the same sholl include the plural,
the mascllline, feminine and neuter genders shall each include
others.
26. Exhibits mentioned herein have been signed or initialled
by the duly authorized officer.s, agents or attorneys of the parties
hereto and are hereby incorporated herein by r<aference and made a
part hereof as fully as if set forth herin.
27. I~henever approvals of any nature are required by either
party to this Agreement, it is agreed that same shall not be
unreasonably withheld pr delayed.
28. Notwithstanding the gallonage calculations that could be
made hereunder relative to ERC's, by and execution hereof, Developer
agree's that the intention ,of this contract is to reserve a given
nu~ber of units of capacity for the property described in Exhibit
"A" and not for purposes of any other calc~lations.
29. It is agreed by and between the parties hereto that all
words, terms and conditions contained herein are to be read in
corcert, each w~th the other, and that a provision contained under
one heading may be considered to b~ equally applicable under another
in the interpretation of this contract.
30.' By the execut{on hereof,- Developer agrees that Service
Company has certain- obligations as a regulated public utility to
protect the health, safety and welfare of the public and not to
burden Service Company's customers with extraordinary expenses
attributed or attriputable to Developer, his successors or assigns,
and that Service 'Company may, at its sole option, require
pretreatf'i'\ent or _ special features such as grease traps. It is the
intention of the parties that all sewage shall conform to the
requirements -of Paragraph 6 hereto prior to introduction into
Service Company's collection system. Developer shall pe responsible
for all cos~s associated herewith.
31. Service CompanY shall, at all reasonable -times and
hours, have the right of inspection of Developer's ~nternal lines
anp facilities. .This provision shall be binding on the successors
and assigns of the' Developer.
32.
Developer...
~
..,~
Hater conservation.....1neasures shall be employed by the
Said measures shall include _but not be limited to:
(~) Low flush toilets which utilize 3.5 gallons
or less of water per flushing cycle.
(b) Shower heads which have flow restrictors,
pulsating features, flow control devices
or other features which result in w~ter
conservation; and do not allow a flow
exceeding 3.0 gallons per minute at 60 psi.
(c) No slvimming pool filter baCY;Wc1Sh "Iater, or
any other s\~im.l1in.g pool ,.,astewater shall
be discharged to the sanitary ~ewer system.
(d) Spring-loaded/automatic shut-off water fix-
tures shall be utilized in all public rest-
rooms. This sh~ll include lavatory fixtures.
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(e) Con~idcr~tion and use (where-po~siblel of
o.ish\~nshers unO. w.:lshinq m.ichincs ,.:hich
have wnter conscrvotion fe.)ture~ and/
,or utilize less water per cycle.
(f) Where ondos possible, residential l.)undr~.
wastes sh.:!ll be di~poscd of by mcnns at an
interceptor tank_and absorption bed or
drainficlu. Such installations shall be
in ticcord.)n~c with the design st.:!ndnrd~ at
Chapter 10-D6, Floridu lIdministri"ltive Code.
P. 15
Service Company, at its discretion, Shilll review and upprove all
water conserv~tion.measures propos~u by Developer.
33. The pLlrties hereto recogni2.o that prior to the time,
Serv ice Comr:>any may actually commence upon a program to carry out
the terms and conditions of this agreement, Service Company may be
requireo. to obtain approval from various' state and local
governmental .authorities having jurisdiction and regulatory pO\oler
over the construction, maintenance, ~nd operatio~ of' Service
Co~pilny. -The Service Company agrees. that it will diligently and
earnestly, at Develop~r's sole cost and expense, may.e the necessary
and proper applications to all govp.rnmentLll authorities and Hill
pursue the same to the end th<3t it \~ill use: its best ef:orts to
obtain such approval. Developer, at its own cost and expense,
aSrees to provide necessary assistunce to Service Company in
_obtaining the approvals provided for h~rein. Upon executipn of this
lIgreement, Service CompDny may.require the payment of a reasonable
fee to d~fray' Service Company's legal, engineering, acceunting,
a~ministrative and contingent expenses.
34. Subr.\ission of the Developer Agreement to the Developer
by the Service Company shall not constitute or be cons-trued to
constitute an orfer of service to Developer by Service Company. The
De'Jeloper lIg:::eer.\8nt shall become effective al~d binding upon the
Developer and Service Com~any only at time of execution of same by
the parties.
35. Failure to insist upon strict compliance of any of the
terms, covenants, or conditions hereof shall not be deemed a waiver
of such terr-ls, covenants, or conditions, or shall any Haiver or
relinquishment of any right or power hereunder at anyone time, or
times, be deemed a waiver or relinquishment of such right or power
at any other tim~ or times.
36. Re'gardless of. where executed, this 1\gt"eement
construed according to the~~~;~ of the StDte of Florida.
37. In the event that re16cation of-existing water
utilities are necessary for the Developer, Developer will
Service co~pany in full for such relocations.
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sha 11 be
and sel.er
reimburse
FEB-15-00,TUE 10:07
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IN \HTiH:SS \\'IfEnEOf, Developer and Service Company h~vp.
executed or hilve c~u:>ed this IIgreclncnt, \.lith the n~med E>:hibits
"ttachco, to be duly executed in sevec~l counteqH)ct~, c~ch of
which countecpDrt Shilll be consicJccccl an or:-iginDl executed copy of
this Agreement.
~~.
5'JL:f'
-Oy' _~~~
\oIITNESSES:
A t t e- 5 \: ;
---......-----...---
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~ - L~M~,J--J
, >>d<;;W,7n f1F--
DEV~LOPER: ' ,
DI '1 n.~s~ A $SOC. l... l' D '
Ot\ R..P.~~E)Jt<"VH. furl..TlJ~
By:
Pf2._f ~I O,Q-lr I
-~=--------
MORTGAGEE JOINDER
(if applicable)
,By:~~_~-_
A\:test:~_____
. -.
..
."\.~
..~.~
'"i5hTE----~----
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The: ('ore:90in9 instrument wa," ,)c};noW'le:o<Jcd be:for0 me th is
5th
d,)y of
September
________, 19a~_, by
Gerald L. Chancellor
, -
-----------------------
ST~TE Of fLORID~ )
COUN1"i Of --OJ;alig-e-__.-:__J
~tf~t--Cn(ge
My Commission EXP~~~f floriu') ,
Nolary Public, Slare 01 Florida eI [arl!S'
My Commlssioll ExpIre. July 31 1987
Pond.d by lawyers SUIOly COlpor;lion'
The foregoing instrument was acknowledged before me this
5th
day of
Sep'tember
, 19B.J_~' by
-------.-- -.--....--
L-. C. Grammer
---- ------ -- ---------------..-----
STATE Of fLORIDA J
COUNTX' Of _______-----:-..1
~~:.&L..t.nL(.L6L~~l:-f -=~- --_:::.~ ---
~~ 'I Puat.IC, Stat ~n~ at Large
My ommission Expi es:
No1arl Public, S!<ite cf n~rida el [alR~
My Commissio~ E~pires jli:Y 31. 1987
Dor:dcd lIy la':11:n Su;~~y C~til':'IJ:;cn
The fo~e9oinginstrument was ~cknowledged before-me this
day of
198
r by
----------.--
-----------
---.-----
NOTARYPlrBLIC;-STateot-rlOClo-a-a'tCa- (g e
~_<..My Comlnission Expires:
. y"--
ST^T~ or FLORIDA J
COUNT1 OF . ., )
The foregoing instr-ument was acknowleClged before me this
day of
198~, by __
----------
"N6'J.'t\ii'rplrB-L 1 c;----sF.ate-Ot'-r1Orlo,)--atL"a r 9 e
My Commission Expires: .
,This Instrument,Prepared oy:
."
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BIG CYPRESS
-N^'"F\"E-Or-f'jfoJECT------ -------
.....-- ---- ..-_...~------------
PROPERTY DESCRIPTION
BIG CYPRESS GOLF COURSE LYING WEST OF- SHEOAH BOOLEVARD
DESCRIPTION: A portion of Tracts "D","H':;' (H,d "_r: 'and o.J/'of Tract-"K'::;,'- '-'
THE HIGHLANDS SECTION THREE, a~recorded in Plat Book 17, Pages 48 and 49 of
the Public Records of Seminole County, F1o~iaa, being more particularly des-
cribed as follows: From the Southwest corner of Nort~ Orlando Ranches Section,
13, as recorded in Plat Book 13, Page 40; Public Records of Seminole County,
Florida, run thence N.12054'04hE. along the West line of said North Orland6
Ranches Section 13, a distanCe of 118.68 feet; thence run N.~9056'10"E. 310.52
feet to a point on the We~terly right-of-way line of Sneoan Boulevard, said
point being on a curve concave Easterly and having a radius of 596.12 feet;
thence from a tangent bearing of S.0905l'10"1". run Southerly along the arc of
said curVe and said Westerly right-ot-way lxne, 745.46 feet through a central
angle of 7P38~58" to the point', of beginning; thence continue along the arc of
said curve and said Westerly right-of-way line 3-3.84 fee't through a central
angle of 03015'10" to the point of tangency; -thence run S.65002'55"E. 72.00
feet to the point of beginning of a curve concave Southerly and having a rad-
ius of 354.78 feet; ,thence run southerly along the arc of said curve 19.53
feet through a central angle of 03009'14" to a point; thence leaving sa~d
Westerly right-of-way line run S.23001'18"W. 55.72 feet; thence S.08048'25"W.
141.52 feet1 thence S.21024'40"W. 153.06 feet; thence S.060S2'27"W. 144.14
feet; thence S.27013'~j"W; 153.87 feet; thence S.65029'30"W. 340.92 feet;
thence S.57033'00"W.-150.51 feet; thence S.~oo2l'05"E. 310.54 feet; thence
S.83036'38hE. 315.32 feet; thence S.44 47'08"E. ,177.77 feet; thence 5.360S0'
38"E. 217.13 feet thence N.65011'58"E. 70.0_0- feet to the corner common to
Tracts "0" and "I", :o~ said The Highlands Section Three~ and s~id Westerly
right-of-way line of ~heoah Boulevard, said corner eeing on a curve concave
Easterly, and having a radius of 972.96 feet; thence from a tangent bearing
of s.04"48'02"E. run Southerly along the arc of said curve and said Westerly
right~of-way line 274.21 feet through a central angle of 16006'49" to the
point of reverse curvature of a cUFv~ concave Westerly and having a radius
of 630.23 feet; thence run southerly along the arc of said curve 102.45 feet
through a c~ntral angle of 07"04'14:' to the corner common to Tracts "e" and
"1", of said The Highlands Section Three, and said Westerly J;ight:-o.f-way line
of Sheoah Boule~ardf t~~nce ruq S6utherl~, Westerly:a~d Northerly along' the
b..ou_noary l,ine o_f sa,id, T.rac t__ "I." _ ~!:l.~ J.ol1.~~:,Jng _ ~~u.r.~_~s"~__;:u..n_,S . ,5. 7" 38.' ~ 3 "_!'l..
19.70 feet; thence S.37oil'OS"W.'364.81 feet; thence'S.4~036-'05"E. 92.20 feet;
:henceS.320S8'lO"N: '2'20.51 fee.t; thence S.01034'lO"E.- 365.14 feet; tfJence
;.82040'26"E. 140.95 feet to a PQi.nt on a curve concave Easterly, and having a
~adius of 1545.74 feet; thence frol1{ a tangent bearing of 5.1302S'3l"W., run
;outherly along the arc of said cur.ve 234.76 feet through a central angle of
)8042'07" 1.:0 a point; thence run S.8701<l'S4"H. 112.94 feet; thence South
2 3 5 . 0 0 fee t; the nee S. 14 0 44' 0 5 " \'1 . 3 6 0 . 3 0 fee t ; the nee N. 8 9_ " 5 9 ' 3 4 "1'1 . 3 0 0 . 00 fee t ;
:hence S.00049'13"E. 179.30 feet; thence N.82053'31"YI.' 220.74 feet; thence
~,0700G'29"E. 10.00 feet; thence N.82053'31"W. 200.06 feet; thence 5.07"06'29"1'1.
LO.OO feet; thence N.820S3'31"1'J. 286.90_ feet; thence N.OO"49'13"1~. 91.80 feet;
:hencc N.89059'3~"1'1. 735.'75 feet; thence N.82053'31"H. 614,.65 feet to tne
;outhwcsl.: corner of said Tract "I"; thence continue along said boundary line
J.110~9'30"E. 1976.51 feet; thonce N.B6"53'J3"E. 669.19 feet; thence N.03006'
!7"W. 1806.41 feet; t.:hencele2~ing'said boundary line of Tract "r", run 5.680
lO'OO"E. 120.00 feet; thence N.GooOO'OO"E. 125.00 feet; thence_N.44009,'lOE.
.62.37 feet; thence S.89056'lO"E. 141.68 feet; thence N.420"'49"E. 139.18 feet;
:hence S.8So48'56"E. 320.45 feet; thence S.02"OS'43'~E. 130.00 feet; thence
;.2Jo39'01"E. 54.44 feet; thence S.0200S'43"E. 150.00 feet; thence S.OS04S'38"E.
.79.99 f.eet; thence S.19030'25"W. 263.59 feet; thence 5.02048'28"IL 52.20 feet;
:hence 5.30"49'01"W. 76.49 feet; 'thence 5.25010'25"1-1.200.00 feet; thence
;.300S7'SO"E. 116.62 feet; thence N.83"17'25"E.,171.17 feet; thence N.46"10'
_S"E. 443.82 feet; ,thence N;26002'32"E. 260.00 feet; thence N.12044'26"E.
15.16 feet; thence N.43007'32"~. 190.00 feet:td'the"Point Of BegiQning,
:ontaining 160.8791t acres.
EXHIBIT "A"
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PLMIT CAPACllY C!lAIlGES
p _ 1 '3
Oeve'loper agrees to pay Se~vice COllIPilllY the (olloHilig Plilnt Capilcily
Charges to induce Service COlllpany to reserve the follo~iing plant cilp<Jcities
(or Developer's proposed connections. Developc!' undcrstnnds that plilnt
opacities are only rescrved upon pilYlllent of charges by l)evelopcr to SC!rvice
COlllpany. Said plant capacity charges to be pilid by Developer are those v/hich
are set forth in Service COlllpany's_tarifr approved by the Florida Puulic -
Service COII.nission and, accordingly, these charges lI\ilY be changed frolll time
La time. with ~he approval of the COllbllission.
~lIlent Schedvl ':.
\-I a te r:
Cus tOlller Ilumber of Number of ERC Total Charge To till
f..a_~~.9~!..t Connections Units* Fa c to r ERC's f.er ERC Char~l..~~
Multi-Family N/A 25).. 1.0 25)" , S 115 . 00 $ 28,865.00
and Commercial
Se\~er: -
-
Customer !lumber of !lumber of ERC Total Charge To ta 1
Categorx. Connections Units. f.~ ERC's Per ERC Charges
--.-----
Multi-Family N/A 251 . 1. 0 251 S325.00 $ 81,575.00
and Commercial
Grand Total
$ 11 0 . 440 . 00
...
. - .....-
. ":.......-
"'Th'e term "uni t" refers to the appl icabl e
determining the water _or se~lage f1ovls.
cOlllponant Hhich is the basis of
[XIII n J T
II I) II
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DALYDESIGNGROUP
PAGE___~)
/~~7};4/IN3>
ZONT.l'IG
used except for one (1) or more of the followmg
USM:
(1) Any Wl8 permitted in R.1AA and R-IA Slnile-
Family D.....elling Districts.
(2) HOffill occupations.
(Ord. No. 4-4, ~ 44.38, ),-8-68)
Sec. 2().183. Conditional uses.
(a) Conditlonal usea in R-I One-Family Dwell-
ing Districtl!l are the same as for ll,.lAA and R.IA
Single.Fllmily DW6H1ng Districts_
(b) Bllfore II conditional U~I\! may be granted
within the cla:t5ificatlon. the board of acljuetment
must, a.fhr public hearini~, find that the USe or
ugee are con3i~t6nt with the general %onlng plan
and with the public interest.
lOrd. :--10. 44, ~ 44.39, 1.8-68; Ord. No. 24.0, ~ 6,
5.26-8 ~)
\
\
Sec. 20-184. Building height ree-ubtion$.
Building height rell'ula.hQnlJ in R-l Oae-F<lmily
Dwelling Districts a.re t.he ,ame as in the :R.lAA
aod R.lA Single.Family Dwelling Districts.
(Ord, No. 44, ~ 44.40, 1.8.68)
Sec. 20-180. Building site Qrell l"egulatlonfl.
In R-l One-Family Dwelling Districts, each fam.
i1y (single) dwtlJling shall be loca.ted on e. lot or
parcel. <Jf land having an a~:l of not less than six
"h(lu6e.nd Ilix hundred (6.600) equate feet and fA
width of not less than Bixt)' (60) feet.
(Ord. No. 44, ~ 44.41, 1-8-68)
Sec. 20-.186. Front. Nlllr IiInd .ide )lard reltu.-
)utioulI.
In R.l One-Family Dwelling Diatrict.t;:
(1) Front yard,. Tht..re ahall be a front yard of
not le88 than twenty-five (25) feet.
(2) Rear }'anI. A rear yard shall not, be lees
Uum twenty-five (25) feet in depth.
(3) Side yard Side yards shall be provided on
each JI)\de of every dwalling of Dot less th.m
six (6) feet.
(4) Corner tots- &rn& 88 for R.1AA and R.1A
Single.Family Dwelling Distrlcts-
(Ord. No. 44, ~ <l-4.42. 1.8-66)
I ZO.201
Sec. 2()'187. Lot coverag~.
In R-l One.Family Dwelling Districts. forty (40)
percent of the lot area ill the maximum wbich
may be covered by the principal and AcceB60ry
bulldings or structures located therflOn.
(Ord. No. 44, ~ 44.43, 1.8.68)
Sec. 20-188. Uae, .u-ea and yard eJ:ceptlonil.
Section 9-276 et seq- liB to use, area Ilnd yard
exoeptioni in R-l One.Family Dwelling Districts
shall Bpply.
(Ord. No. 44, ~ 44.44, 1.6.68)
&lc. 20-189. Otf-Itreet pllr1dnll refUlatlona.
Section 9.276 at f:lllq. as to oW.street paJ"king
regulat.ions in R-l One.plJ.lTlily Dwelling DistJ"ict8
shall apply.
(Ord, No. .U, 0 44.46, J..8-68)
~Ctll. 2Q-190-20-205. Reserved.
j!
DIVISION 6. R-3 MU.t,.TIPLE-FAMILY
DWELLING DISTRICTS
Sec. 20-206. Deetgnatlon.
The ll!lnd~ inch.lded withia the R.:J Multiple.
Family Dwelling Districts .,hllll be developed pre-
dominantly as apartments, townhoW5e~, patio home.
or other mu.ltiple.famlly dwelling structures.
(Ord. No. 44, ~ 44.46.1, 1.8.68; Ord. No. 68, ~ X,
11-29-71)
Sec. 20.207. U~5 permitted.
Within any R-3 Multiple-Family DwelHni Dis-
trict, no building, structure, land or water shall
be u&ed except fQr the following uses:
(1) AnY \W8S ptlnn1tted in R-1AAA, R-lAA, ft.1A,
or R.1.
(2) Apartments, townhouses, patio homell or
othet" multiple.family dwelling etru.ctures.
(3) Boarding andlor-looiing homee.
(4) GueGt and tourist homes.
(6) Profe"ional offices. consisting of the tollow-
ing: Architect6, engineen. attorneys, aoooWl'
tanhl, medical doctors, denti~t8, and tall
consultcmts.
(Ord. No. 44, ~ 44.45.2, 1-8-68; Ord. No. 68, 0 Xl,
11-29-71)
1211
03/05/2000 10:08
7407551
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DALVDESIGNG8.0UP
PAGE 02
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~ 20.2(16
WINTER SP&ING3 CODE
Sr.c. 20--20B. Cond,ational Ui8S.
(a) Conditional uses within R-3 Multiple-Family
J)wellillg Districts are the same as for R-IMA.
R-IAA, RiA and R-l Single-Family Dwelling
D(Strict9.
(b) Beton a conditional use may be il"anted
wit.hin thIS classit\ca.tion, the board of adjustment
multt. af\.er public hearings, find that thl! use or
Usell ere con!Ji8~ent. with the general zoning phm
and with the pub:ic interest.
(Ord. No, 44, '~ 44.45.3, 1.8-68j Ord,- No. 68, fi XU,
11.29-71; Oed. No. 240, ~ 7, 5-26.81)
~.;. 20-209. Building heillht regulations.
In R-3 Multiple-Famlly Dwelling Dietl-icw. build.
ing hQight8 shall not be higher than forty-fivlI
(45) feet.
(Ord. No. 44, ~ 44.46.4, 1-8-68; Ord. No. 68, , xm,
11.29-71)
Sec. ~.210. Building are.. regulations.
Tha ml.\ltipl~.f3mUy dwelling GtNCtures lncluded
within the R.3 ~Qnini chu:!liflclltion shall not con-
:!list of more thlln silCteen (16) unite per acre.
(Ord. No. 44. ~ 44.46.51 1-8-68; Ord. No. 68. ~ XIV,
11-29.711
Sec. 2()'21l. Front, real" and eide yard regn-
llltlon6.
The following yard regulations :!lhall apply in
\-he R-:;l Multiplo.Family Dwelling Diatricts:
(1) [<'rant ya.rd. The front yard dwl) nllt be leu
than twenty-flve (26) feet in depth.
(2) Rear yard, The tent ya.rd shall not be less
t.han thirty.C.ivC! (35) feet in depth.
(3) Side yard. The! Ilide yard shall not be leS4l
than tell (10) feet. in width.
(4) CQrMr lots. The front yard setback regula.
tion "hall {",onlrol when the building ill 10'
cated on more than one (1) stre:et.
(Ord. No. 4.4, ~ 44,~5.6. 1-8-66; Ord. ~o. 68, ~ XV,
\ .-ZIPl)
Sec. 20-212. Lot coverage.
Seventy-f1ve (75) percent of the_ lot area ia the
maximum which may be ("-overed by the prinoipel
and a.ccel!l8Ory buildings or fltructW"9S located within
the R.3 Multiple.Family Dwolling Districts.
(Ord. No. 44. ~ 44.46.7,1-8-68; Ord. No. 68, ~ XVI,
11.29.11)
Sec. 2G-213. Off..tl'eet parking l'egulationll.
All pllTkilli within the R-B Multiple-Family Dwell-
ing District shall be provided in an off.street park-
ing lot, which shall accommodate at least two (2)
parking spaces for each Wlit located wLthln the
multiplo-famlly dwelUnK structure.
(Ord. No. 44, ~ 44.45.6, 1.8-68; Ord. No. 68, ~
XVII. 11.29..71)
Sees. 20-214-20.230. }W"erved.
DIVISION 7. C.} NEIGHBORHOOD
COMMERCIAL DISTRICTS
Sec. 20-231. In iene-ral.
The C-1 Neighborhood Commercial District con-
sist, of lands IIbuttini cert.ain princ;jpal Gtreets,
the frontages of which ate e,pecially adapt.abl\J to
~lected low-traJlic-generating uses. Aqjoining these
lands are l'efJidenlial dlatrictll that would be ad-
v~J'S<lly affectcui by a il"eater diversification of
uses creating serlou6 problems of tt'aflic mOV\Jment
and generation, The dletrict is designed to pro-
mote apa.ciOU&neS8 orland USIil.
(Ord. No. 44, ~ 44.46, 1-8.68)
Sec. ~2S2. U"ell pel'mltt.,d.
(a) Within any C-! NQigh'oorhood-Commerciol
Di$tfict, no building. IitrUc:tUJ'8, land or wlSter ehall
be Ub$O except (or one (1) or more of the following
Ullllle:
(1) A.dJninllltratlV(l public buildln8~i
(2) Adverti3ing agQnciesj
(3) Alcoholic bev8rllie 181e$ (paclc.age);
(4) Alcoholic Qever8ie on-prem1oos coMurnption;
(6) Alterations and tailoring;
,6) Antiquo and iift 6hop;
1212
I
(-.
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/
\.
"
I
\
02/22/2000 11:40 7407661
FEB-22-2000 11:33
DAL VDES I Gt-lGROUP
f--'AGI:. l'lL
r' .I:::H
[,and U.. ."
6) Hlqher Density Re.idential i. defined .e 9.1 to 12.0 DU
p.r Acre.
)(
~
Higher Density Ra.ldential ahall be oOMprised ot
a~~.ched ~ulti-ta~11y developments eithar owned 1n
fee-&i~pl. or in condo~inium or leas84 or rent.d.
~ll H19h.r Density ReGldentlal proj.cte .hall have
as a condition of approval a centralized management
association or de.iqnatad aqent re.ponsible to
oversee that the on-90109 operation of the projeot
as . whole, especially \lith. r..pect to exterior
Daint.nance, partlnq r.~ulation, and trash
COllection, co~plie8 with city code..
owner.. or all units las.et1 or rentud to second
parties snall obtain an occupational licen.. trom
the city.
Orban Detl9ity includes all developl11ents qraater than 12.0
but l..s than 21.0 units per acre that were preexiGtinq
or preapproved in 1991.
a.
b.
- c.
Two parcels within U\e Tu5cawilla pUD are delJlgnated
tor densities hiqher then 12 OU per.cre by the
terms of . court-approved .ettleMent ot a disputQ
between the DeveloPQr and the city. These i.olated
exceptionlJ shall not be con.trued os B8~tln9 II
precedent to alloW approval. on other undaveloped
property of densities beyond the maximum ot l~.O OU
per gross acre. only an ollendment to thl. Plan
sholl authorize in thQ futuro such high density on
other property 1n the city.
b. pre-exi.ting developftente constructed at densities
greater thDn 12.0 DU p~r acre Ghall be included in
this classification and be subject to operational
and maintenance standard. to bca establi.hed in
revised re9ulatlons.
..-...
a.
B)
c. ownor. ot all units lea!lad or rented to ..cond.
parties shall obtain an occupational licensG trom
the City.
The City shall adopt land t1evelopment rB'ilul.atione to
pro~10e tor the i..uance ot & Vestcad Rights Special U..
P~rlllit when tn.. city or a court of oompetent jur!udlction
determines that an ownClr haG relied in good faith on an
act or omission of the government that create.
dev610pment riqht. and the owner )'lac so lIubstantlally
--..,
April 2', 1992
20
TOT~ P.B1
~2/08/2000 11:22
7407551
DALYDESIGNGROUP
PAGE 01
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.-..- '-'-"-'-.._...--.,---._--~--- .--.--.--..-
daly design group, inc.
February 8,2000
Land PlannIng . Lond.c~ Arc:htt.cfur.
. ProJ.cl MonQQ.m.n/
Mr. Char/es Carrington
Community Development Director
VIA FACSIMILE: 407 327-7180
City of Winter Springs
Phone'
PhOfl. ,
F~"
'1'-/0- 553
FaKII
Re: Density Verification
Job no 2003
Mr. Carrington,
As we discussed, our client is currently under contract to purchase 14.75 acre of land
within the city of Winter Springs. Mora specifically this property is located at the NE
comer of the intersection of S.R.434 and Gott Terrace dr.
It is our understanding that the property contains a future land use designation of
commercial and that the current zoning is also commercial. It is our intention to develop
a multi-family project on this site.
Based upon the R-3 zoning regulations we will be able to build a maximum of 16 units
per acre on this site.
Please confirm this understanding in writing to our office. We are in the process of
formalizing our purchase agreement and need to fully understand this issue prior to
moving forward with our plans.
Thank you for your assistance on this matter.
Sincerely
Thomas Daly
President
Cc: Mr. Samuel Benson
..---. - '--
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. , t ; I,' ~
~ ~ .
1'1,"' t , ~ :.., '_, ~
. ". ~ " ~ ~ ,
. i . i .,
. .. I ~
. . ..'; ~ , I
861 t blvd suite 125 . winter park. tl 32789
(Joly cJ8sl0n oroup, Inc.. wes rnorse ..
phone 40/-740-7373 . fax 407-740-7661
02/14/2000 10:49 7407661
FE8-11-2000 12:16
DALYDESIGNGROUP
PAGE 01
P.02
CITY OF WINTER SPRINGS, FLORIDA
H28 EAST STAlE: ROAO 434
WINTER SPRINGS. FLORIDA 32706-2799
lelephon4 (4071 327;1eoo
Fwc (407) ~27.0018
Community Devolopment
FebrUary 9,2000
Phone /I
Phone /I
Mr. Thomas Daly, PJeaident
Daly Design (h'oup, Inc.
861 West Mone Blvd., Suite 125
Winter Park, FL 32789
F8lC /I 7
Fax'
Dear Mr. Daly:
The14.7S acre tract tOC&\tcd &\t the northeut comer of S.R. 434 and GolfTenace Drive is
zoned neighborhood oommercial district (C-l). The Comprehensive Plan land use
~5iption along S.R. 434 for a depth of approximately SOO feet i~ commercial. The
land use designation for the rear portion of the property is wban density residential.
The C-l zoning district allows multiple family as a conditional use. arantod by the City
Commission after a Board of Adjustment public mtetina and ~D1JDCI1dation.
Although the C.l district does DOt specify a multiple family density, the Board
uaditionally recommends densities allowed in the R.3 district The R-3 district a11~
multiple family densities not to exceed 16 units per acre.
The commercial land use phw desianation atollS S.R. 434 for a <kpth of approximlitcly
~oo fcot allows rou1tiple family with no cap on d~ity. The: rear portion. designat.od
urban density residential, allows a multiple family density raIlF of 12.21 units per acre.
However. the plan sta~ that isolated acrO' approved under court order should not _$Ct an
example for densities ~r thu112 UDiUl per acre.
Call if you hove: questions.
Sincerely,
<CC:r-JZ
Charles C. ClllTi.njton. AlCP,
Conunl11lity Dc:vol()p11lcnt Director
cc: Torn Orimms, Comprehensive Planning Coord.
TOTAL P.02
02/22/2000 11:40
7407661
Community Development
February 16,2000
Mr. Thomas Daly, President
Daly Design Group. Inc.
861 West Morse Blvd., Suite 125
Winter Park. FL 32789
Dear Mr. Daly:
DALYDESIGNGROUP
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS. FLORIDA 32706-2799
Telephone (407) 327-1600
Fax (407) 327-0018
Po.l-itt Fax Note
TO
7671
PAGE 01
From
Co-
FlIJClI
As was discussed in our meeting on Monday. February 14.2000, I want to provide further
clarification of the third paragraph of my letter to you dated February 9.2000. I want to
specifically point out the language in the Comprehensive Plan relating to the court order
on density above 12 units per acre. Page 20 of the Comprehensive Plan sbltes the
following:
"Two parcels within the Tuscawilla PUD arc designated for densities higher
than 12 DU per acre by the terms of a Court-approved settlement of a dispute
between the Developer and the City. These isolated exceptions shall not be
construed as setting 8 precedent to allow approvals on other undeveloped
property of densities beyond the maximum of 12.0 DU per gross acre. Qn1y
an am~ent to this Plan shftll autllorize in the {uturc such high density 90
Qther property in the City."
PhoOll .
Fe.' ?rIo - 55.3.3
Please contact Tom Grimms if you have further questions.
Sincerely,
~~~
Charles C. Carrington. AICP,
Community Development Director
cc: Don leBlanc, Land Development Coord.
Tom Grimms.. Compreht:usivt: Plannin~ Coord.
FE;.B-15-ee TUE
<.
1 e.: 09
<.....1 -,_.J
P.20
,
.'
11M" EXTElISIOII CIIAnGES AlID HATER
ArlO SEIJ^GE SYSTU!?lQ'ITIHOUTIOIlS
The Developer agrees to pay, in order to induce the Service COlllpany
to provide service, the following "Iain Extension Charges for the Ilydrilulic
Share of off-site facilities. Said 1.lain Extension Charges to lie paid by
Developer are those which are set forth in Service COlllp."lilY'S Uniforlll \-'ilter
and Se./er Service Policy approyed by the flo/'ida flub1 ie Service Conallission
and, accordingly, these charges may be changed from tillle to time .Ii th the
- approval of the C.onmissio~. .
Payment. Schedule
Hater: ,
G_allons/Day Humber of' To ta 1
1Ju<<nb~ R ~ ERC Charge Total
<ioo1l8Cl:~ Units'" 'Factor. ERCs Per ERe Charges
87,880 251 1.0 251 $275.00 $.69,025.00
Sewer: -
Gallons/Day Total Charge Total
, WWR ~.liopj Number of ERC
Go1<!A~~5c: 'Units'" Factor ERCs Per ERe (hurges
-.
60,000 251 1.0 251 $ <150.00 $112,950.00
Grand Tota l'
S _Lal_(~--L~ 00
"The term "-uni~'" refers to the appHctlb1e cOlllponilnt \'Ihich is the basis for
de term; n i n9 the \~a te r or se\Ve'g~,,!.l O\~s.
EXIIIOIT lOC'!
(-
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\1/\j'\I;: 01: )'I\OJCCT --
,FEB- 1 5-00
TL!E
9 :,56
\--"\-
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~VEL()rf.R }\r;nr.r::t'ICIIT
TillS )\Cn.EEI-1EI1T m<lde and ent.nreo int.o this ,.-2JJ1'-:- UilY of
gptember _1984
BIG CYPRESS ASSqCIATES, LTD.
, by and bct.~/cen
hereinafter referred to ~s "Developer", and l~orth orlando' "later and
Sewer corpor~tionl a Florida corporation, hereinafter refc.xre~ tb
as "Service Compuny".
"!HEP,El\S, nevel-oper ownS or: control-s l-ands located in
seminole County I Florida (;Ind described in Exhibit ,,]>.." attached
hereto and made a p~rt hereof as if fully set out in this paragraph
and hereinafter: referred to as the "property", and Developer
intencs to devel-op the property- by erecting thereon, individually
metered residential units, general service units, or co~bination of
these; and
"lHEREl\S, Developer has official).y' requested that the
Service Company provide central ~ater distribution and sewage
collection serv ice for Developer I S property herein described in
E~hibit A]>..~; and
W-!:SRf:AS, the Service COlnpany is. willing to p:rovide, in
accordance ~ith the provisions of this Agreement and Service
company's main extension. pol~CY' cen~ral ':later and se\~er sex:vices
to 't.he Property and thereafter operate applicable facilities so
that the occupant.s of the impx:ove~e"ts on the property will receive
an adequate water supply and sewage collection and disposal seJvice
from Service ,Company; and .
\')iiEREi\S, the Florida Public Ser:vice COr;\li\ission, having
regulatory aut.hority ovex:- Service Compuny, issued an order on
'" 90' t 17 '. 19.3 , reoo ir ing Se rv ice Co~pa ny to amend it' ",vie.
avail.bility: charg., and to collect certain inci.a,ed ,e,vice
a.ai,.bility cha,g" over tho,e previoo,'y utili.ed by S.,vic.
Co~pany; and ~~
....p.
'-)i-lEI\El\5, the execution of this Agreement is :x:equired in
orue' to comply ,.,ith the p,ovi,ions of the ,aid F~ocida .public
serv"ice Coo.vnission oreer and to put into ,effect the said increase
in rate' and chacge< for service avail,bility a' to those
dev .lope" h. v ing ag ree~en t s not in corpora t i ng the prov is'on' of
the . said order of the Public Se:x:vice commission hereinabove
mentioned; 2nd
.' \';i-1i::f\'SJ'.S, Service Corr.pany feels compelled to discl-ose to
developer th,t Se,vice co~p.nY is currently.eng"ed in ne,oti.tion,
for ,ale 'of the a".ts of s.rvice co~p.ny to a go""nm.nt,'
authority and se,vice Comp.ny dc<iccs to ~.":e p,ovi,ion fa, the
c" isnoent of the obli,a tion' of sorv ice company contained her'"
to 2ny such 90vern~cntal purchaser; 2nd
,mEREJ.S, Developer' s project 2nd the receipt of \J~te"( and
se"" .. service i' contingent upon the con,t,uction and otil,",tioo
of exi.stin, and conte~pla ted wa tee and sc"..g. service hcili tie<
and the availability of capocity of those 'facilities;
EXHIB IT C
",. - . ".~' I." .
P_03
_FEB-15-00 TUE
9:57
.. .:
NOI"/ TIIf:-REfORE, -for one' in consitlerotion of tba prcmi$cS. the
f11utuul undcrtily,ings <:1ntJ ogrccmcnts tlcecin containeu ,)nJ ,")!::::ur.\~d.
Developer <lnd Scev).cc Compu.ny hercby covcnilnt u.nd u.grcc a:-. follo\~s:
1- The foeogoing stiltcmcnt!: <:1ee true and
correct.
2. The following definitions anJ refcrenceS
arc given for the -purpose of interpreting
the terms os uscd in this ~greer.\ent u.nd
apply unless the context indicateS a
different meaning: .
lal
"Consumer In5tt\Jlation" - 1\11 f,)cili-
tTes ordinarily on-ihe consumer's
side of the point of delivery.
lbl- "contribution_in-aid-of-constructiOn
(CIl\Cl" - The sum of monC?y <Jnd/or
t~alue of property rC?presented
by the-cost of the woter distribu-
tion and sewage collection systems
including lift stations and treat-
ment plants constructed or to be
constructed by a Developer or owner,
wtlich Develope:x: or O\.mer transfers,
.or agrees to transfer, to Service
Company at nO cost to Service
company, in order to induce
Service Company to provide Utility
Service to specified property.
(el "Development Phase" - A subdivision
or construction phase of the con-
struction of utility facilities on
property.
,
(dl "Equivalent Residentii'llConnection
(ERe)" - 1\ factor used to convert a
gIven ave):age daily flo\ol (J\OFl to
the equivalent number of residen-
tial connections. For this purpose
the ave):age daily. flow of one equiva-
lent residential connection (C~Cl
is 350 gallons per doy (gpdl for
water service and 250 gallons per
day (gpd~ for sewer service. The.
number of t~C's contained in a given
1\DF (\olate'r or- se.....erl is determined
by dividing the ADF by the appropriate
ERC gollons per day. The determina-
tion of the number of ERC's for
. the Property shall be subject to
factoring as outlined in Service
company's tariff, or as mutually
agreed upon by Service Company and
Developer, if applicable.
(el "J.~otice to Proc~ed" - 1\ document
executed b)' Developer Bxpressing a
formnl order pur~u~nt to the Dcveloper
agreement, for specific water andl
or sewer service.
If) "point of Deliver)''' - The point where
the pipes or meter of Service Company
are connected with the pipes of the
consumir. UnlesS 'otherwise indicated,
point of delivery sh,)ll be at the
consumer's lot line.
-2-
'-
.lg)
T U E ., _9 : 57
- :-- I
~- \-
_../
"~cr!:y''' - The area or p<l~ccl
1 a n cl des c rib c din E Y. h i bit "A".
P_04
. ,FEB-15-00
of
lhl "Service" - 'The rcodinesS ond /)bility
on the-part of Scrvice Componyto
furnish and maintoin ~ater and sewer
service to the point of delivery for
each lot or tract (pursuant to appli-
cable rules and regulations of ~ppli-
cable regulatory a~encies).
3. 1\ssurance ot" 'Title - Hithin a period of forty-five (45)
doyS after the executiorlCl1~thi5 contract, or prior to Developer
issuing the Notice to Proceed to Service Company, nt'the expen~e of
Developer, Developer agrees to deliver to Service Company a
Certificote of Title, a Title Insurance Policy or an opinion of
title from a qualified attorney-at-law, with respect to the
property. The provisions of this parograph are for the purpose of
evidencing Developer'S legal right to grant the exclusive rights of
service contained in this Agreement.
4.
any vater
applicable,
2nd' sewage
company the
connection Char~ - In addition to the contribution of
distribution and _ sewage collection systems, where
and further to induce Service Company to pr~vioe water
service, Developer hereby agrees to pay to Service
following connection charges:
(a)Contribution~ in A~d of Construction:
(ll Plant capacity _Charges - The contri-
bution of a portion of the cost of
construction of treatment plants,
described in ~xhibit ,"B'~.
(2) Main Extension Charges - The cost of
~ff-site wat~r,and ~ewage systems, as
described in Exhibit "C"...'
. -'"
lb) Payment of the connection charges does not
and will not result in Service CompanY
waiving any of its rates or rules and regu-
lations, 'and their enforcement shall not ,
be a~fected in any manner whats6ever by
pev~loper-rnakin~ paymerit of sarn~. Service
Company shall not be obligated to refund
t~ Developer any portion of the value of
th~ connection chargeS for any reason
whatsoever, nOf shall Service Company
pay any interes"";;:-_or rate of interest upon
the connection cnarges pa~d.
Neither Developer nor any person or other
entity holding any of the property by,
through or under Developer, or otherwise,
sha~l have any present or future right,- ,
~itle, claim or interest in and to the
connection chargeS paid or to any of the
water or sewer facilities and properties
of Service Company, and all prohibitions
applicoble to Developer with respect to
no refund of connection charges, nO
interest payment on said connection
chargeS and otherwise, are applicable
to all persons or entities.
Any user or consumer of water or sewer
service shall not be entitled to offset
any bill or bills rend~red by Service
company for such service or serviccs
aguinst the connection chnrgeS paid.
Developer shall not be entitled to offset
the connection charges against any claim
or claims of Service Compnny.
-3-
'::,....,
I' '
5. f''-1VfTI~n':: "-~- Dc;vc lopex:
(.Jlilllt ilnd l:Iillll Ci1pilCil:y Chilx:gcs
ilt the time of c>,ecution hcx:cof.
,;11,11)
for .:111
P_05
p;))' iT,' full illl trcntf:'lcnt
C.:lPilCit:y rcservr.tl hereunder
FEB-15-00 TUE
9:58
6. The p.:lrties ogtee thilt the C.1pilcitr needi;:d to pro'/ide
scn'ice to the Property is .!U..,J1]1L- gill ton~ per <.by for pot;'lb1e
\Jilter !;upply and 60.000 90110115 r~r UilY ior Wi\:;tC\,,;1!:cr rCll1ovill.
Oc\'c1oper agree:; thilt the nUr;\ucr of units of copocit'j_ tc:',(~rvcu
hereby sllilll not e~:('ce<.l the nUr.l!lec- of units of dcvclopment Cor
.,.,Ilich c.:lPilcity -is tcscrved hcr"eby rurr;u.:lnt to ,Exhibits ,8 ilnd C.'
OcvelopeI:' ilgr.ces t\lot sew~ge to be trr:,'\teu by Snrvice COltlp')n, from
Dc';e1opcr-' s, propcrty' .,.,ill consir.t of dOltlc!;tic ',J;)ste\-lilter and
Curtlle-c .:l,grees that it \-lill not oll()\-' OilY .:lbnortni:\l strength sC\-l<lge
to f)o\-l from Devcloper's proper.ty to th,) Utility's SCW;)ge trC.:ltmcnt
filcility that .....i11 c"u~e h;l(m to the trc.:ltmel\t procp.S!;. In
audition, developer further agrees thot no waste""ilters, fluids or-
otller ~u_bst;)nccs and_ materials Shilll be tli!;ch.-lrgeo to Service
CO/llpany's sonit:lry sel,;er- collection/trilll:.lnission sy!';tem, .,.,hich
cont;)~ns .:Iny hn7.iln)ous, in flil'''JnLlule . toxic _and/or industrial
CQllstituCllts, in \.:holc or in p.nt, rcg.:Jrdless of the concentrations
(i-c., strcngths) ,of snid constituents. lJevcloper grunts to
scr,,'ice Company- the right to sUfI'ple the Developer's S~w<l.ge, ilS
referred to hereinabove, to verify Developer's compliance with this
parilgraph.
7. On-site Instilll?tion To induce scr-vice COltlpany to
provide the water treatment and se~o~e collection and disposal
filcilities, and to continuously pr?\Iidc consumers loc:ated on the
-Pr'Jperty .,.,ith ....ater Clnd se\..ler SCrV.1.ces, unless othc('I"isc provided
for herein, develcper hereby coveniln~s ilnd nqrecs to construct and
to tr;)/isfer o....np.rship und c'ontrol to Service Comp;)ny, .:IS a
contribution-in-aid-of-constructioll, the on-site water distribution
and seHilge colle~tion 'systems loc~ted 011 developer's property. The
term nOn-'site \..later di'stribution and sewage collection systems"
Il'eans ilnd include-s all water di5tribution ilncl supply mains, lines
a n tl pip e s , and reI ate d fa c i 1 i tie s , U llCl S t! wag e colI e c t ion 1 in e s ,
facilities ilnd eguipment, incluuing puml?ing stotions. constructed
within the boundaries of Developer's propcr-ty adequate in size to
_serve each lot or unit within the property or as other-wise required
b}" Service Compnny. Developer sh:lll instilll at its sole expense,
011 of the aforesLlicl filci1ities withill the property in <lccordal)ce
\-lith the p1<:,ns, specifications and 011 other pertinent uQcuments
approved by the Ser'/ice COll'pany. Devcloper will furnish Service
CCJ:lpany with three (3) copies of the plLlns and specifici:\tions for
th~ .....ater distribution system, sc'....Jge collection milin,' lift
stations and other f,"lcilities necessary to serve the property
described in Exhibit "n-,
(a) Developer shai},pbtain <lppr-o.nl of plans
and specificLltio~s from all n~cessu~y
agencies. Il0 construction shall" commence
until Se_L'/ice Compan}' and <:lp'\->ropriate
regulatory agencies_have approved such
plans and specificD tions in wri ting. If
construction commenceS prior to illl such
approvols and any other approvals rcquir-ed
hcrqunder, Service Compi:\IlY shall hilVC no
responsibility 1:0 acccpt such lines
ahd facilities ilnd Service COr.lpilny milY
elect to terlf\ln.:ltc this Agreement <Jndl
or not provide scrvice to ocvelopc~ until
~ u c h t i rr.e <l S - De vel ope .(' 0 b t " ins a 11 s u c II r e -
guired ilpprovills. \'1l1cn permits Llnd Llpp(OVeu
plans ;)ro returned by .JppropriDte rcgulator-y
agcncies to Developer. Dcveloper sh.:ll1
subll'it to Ser-vice Conlpuny onc copy of tile
\.I.Jter <:Illd/or ,sel,icr coristruction permit <Jlld
npproved pl<:lns. Developer Sh.:lll also supply
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to the Service Compa0Y a copy of the final
estimate of payment covering all contract
items and Release of Lien from Contr~ctor(s)
(bl After the approval of plans and specifica-.
tions by Service Company und appropriate
regulatory agencies, Developer, or the
engineer of record, shall set up a precon-
struction conference with Bngineer of _
record, utility contractor, appropriate
building official(s), all othcr utility
companies involved in the development of
the Property, and Service Comp~ny, as may
be appropriate.
Developer shall provide to Service Company's
repres~ntative forty-eight (48) hours written
notice prior to commencement of construction
and forty-eight (48) hours written notice
prior to any inspections or tests being
performed as described herein. "Notice"
shall be complete when Serv~ce Company
actually receives same.
During the construction of the ",a'ter dis-
tribution and sewage collection systems by
Developer; Service Company shall have th~
right to inspect such installations to
determine compliance with the approved plans
and specifications: . The engineer of record
shall also inspect construction to insure
'compliance with the approved plans and
specifications. The engineer of record and
Utility contractor shall be present for
all standard tests and inspections for
pressure, exfiltration, line and grade,
and all other normal engineering tests .and
inspections to determine that the systems
have been installed in accordance with -
the approved plans and specifications, and
good engineering practic~s. .
(c) Upon completion .of construction, .Developer's
engineer of record shall. submit to Service
Company a copy of the signed certification
of'~ompletion submitted to the appropriate
regulatory age.ncies. If certification is
for the 'vater. di..stribution system, a copy
of the bacteriological results and a sketch
showing locations-of all sample points shal~
be included. The engineer of record shall
also submit to Service Company ammonia mylars
of th~ as-bu~lt plans prepared and certified
by the engineer of record.
(d) Developer will provide Service Company with
two (2) copies of the approved paving and
drainage plans.
(e) Developer will provide service Company with
three (3) copies of the ~pproved subdivision
plat.
8. Off-Site Installation - The Developer will construct and
install all water ma~ns, grav;>..ty se\o,'er lines, lift station(s) and
force main(s) from Developer's property to the Service Company's
existing faciliti~s in accordance with overall master plan~ of the
utility system and in accordance with approved engineeringplan~ and
specifications. 1\t all times prior to, during and upon completion
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of the construction of the extension!'; of wCltcr Clnd sewer lines,
Service Company Shilll have the right to, in!:ipect and approve all
construction plans and specifications, piping, connections,
equip~ent, materials and construction work being provided or
performed, or previously provi!3ed or performed, by or on behalf of
the Developer. Such approval shall not be unrcasonably withheld or
delayed by Service comp~ny, Clnd any costs of such inspections shall
be borne by Service Company. It shall be the Developer's
re!:iponsibility to insure that all construction fully meets the plans
and specifica~ions approved by the Service Company. As a condition
precedent to receiving watcr Clnd sewer service, Developer shall:
(<;\) Provide Service C,ompany I~ith three (3)
copies of the approved subdivision plat.
(b) Provide Service Company with three (3)
copies of the approved paving and drainage
plans of the development.
(c) furriish Service Company with three (3)
copies of the plans, specifications and
engineering cost estimate for the water
distribution system, sel'/a'ge collection
system, lift station(s) and other facili-
ties necessary to serve the property
described in Exhibit "A". Developer must
receive approval from Service Company of
said plans, specifications and engineering
cost estimate prior to proceeding Hith any
construction of the facilities.
(d} Obtain approval of the plans and specifi-
catio-ns from all necessary governmental
agencies, including, but not limited to,
the Florida Department of Environmental
Regulation, the County of Seminole, and/
~r the City_of Winter Springs. . No con-
struction shallconunence until Service
COQpany and appropriate regulatory-agen-
cies have approved_such plans and speci-
ficntions in writing. When permits and,
approved_plans are returned by appropriate
regulatory agencies to Developer, Developer
shall submit to Service Company one (I)'
copy of water and/or sewer construction
pe~~it and approved plans.
(e) After the appr~'l1.~,l of plans and specifi-
cations by Servi~e Company and appropriate
regu~atory agencies, Developer, or the
engineer of record, shal~,set up a precon-
struction conference with engineer of
record~ utility contractor, appropriate
building official(s), all other -utility
companies involved in the development of
the Property, and Service Company, as may
be appropriate.
Developer shall provide to Service Company's
representative forty-eight ,(48) hour~ written
notice prior to commencement of construction
and forty-eight (48) hours written notice
prior to any inspections or tests being per-
formed as described herein. "Notice" shall
be complete when Service Company actually
receives SZlme.
00ring the construction of the water dis-
tribution and sewage collection systems by
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Develope~, Service Comp~ny shall h~ve the
right to inspect such instollations to
determine compliance with the approved pl~ns
and specifications. The engineer of record
shall al~'o inspect construction to assure
compliance with the approved pl~ns and speci-
fications. The engineer of record
and utility contractor shall be present
all standard tests and inspections for
pressure, exfiltration, line Dnd grade, and
all other normal engineering tests and
inspections to 4etermine that the systems
have beeri installed in ac~ordDnce with the
approved plans and specifications, and
good engineering practices.
( f)
Upon completion of construction, Developer's
engineer of record shall submit to Service
Company a copy of the signed certificatiqn
of compl~tion submitted to the appropriate
regulatory agencies; If certification is
for the water distribution system, a copy
of the bacteriological results and a sketch
showing locations of all sample points shall
be included.
Developer's engineer shall deliver one (1)
set of ammonia mylars of "As-built" engineering
plans, prepared by tpe professional engineer of
record, showing the location of all water and
sewer systems and services installed, and
certification by the professional engineer
of record to the Service Company that such.
systems and services, as built, comply with
the plans and specifications approved by, the
Service Company.
Furnish proof satisfactory to the Service
Company that the installation of the facili-
ties and all contractors, subcontractors,
materialmen and laborers have been paid in
full, and provide an engineer's certificate
of total cost of improvements, i~e., by
Release of Lien or other appropriate ~eans.
(g) Install, at its sole expense, all of the
aforesaid facilities off-site, in accordance
with the plan? ~~d specifications approved
by the Service COmpany. The Service Company
agrees it will complete -its review of the
plans and specifications within thirty (30)
days of receipt from the Developer.
P.06
9. By these presents, Developer hereby agrees to transfer
to Service Company' title to, all water di~tribution and sewage
collection systems installed by Developer or Developer's contractor,
pursuant to the provisions of this Agreement. Such conveyance shall
tar.e effect at the time Service Company issues its final letter of
acceptance. As further evidence of said transfer of title, upon
completion of the installation, but prior to the issuance of the
final letter of acceptance and the rendering of service by Service
Co~pany, Developer shall: -
(a) Convey to Service Company, by bill of sale
in form satisfactory to Service Company,
the water distribution and sewage collection
syste~s as constructed by Developer and
approved by Service Company, as appropriate
for service Company ownership.
(b) Provide' Service Company with copies of
Releases of Lien for said invoices.
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(cl ^~sign any and all ~arranti~s and/or main-
tenance bonds and the rights to_ ~nforce
same to the Service Company which Developer
ohtains from any contractor constructing
the utility systems. Developer shall remain
secondarily liable on such warranties. If
Developer does not obtain such written
warranty and/or maintenance bond [rom its
contractor and deliver sa~e to Service
Company, which warranty and/or maintenance
bond shall be for a minimum period of o~e
year, then in such event, Developer by
the termS of this instrument, agrees to
indemnify and save harmless the s~rvice
Company for any loss, d~mages, costs, .
claims, suits, debts or demand~ by reason
of 1atent defects in the systems which
could not have been reasonably. discovered
upon normal engineering inspection, for a
period of one year from the date of accept-
.ance by the Servic~.Company of said utility
.systems. .
(dl Provide service Company with all appropriate
operation/maintenance and parts manuals.
(e) Further cause to be conveyeq'~t~ Service
Company all ea?ements and/or rights-of-way
covering areas in which water and sewer
systems are installea, by recordable docu-
ment in form s~tisfactory to Service Company.
(f) ~onvey title to Service Company, by record-
able document in form satisfactory to Service
Company,. an acceptable site for any lift.
stations constructed on Developer'S Property
along with recordable ingress/egress ease-
ment.documents.' .
Service Company agrees that the issuance of the final
letter of acceptance for the water distribution and sewage
collection systems installed by Developer shall constitute the
assumption of responsibility by Service Company for the continuous
operation arid maintenance of such systems from that date forward.
'I
10. Easements - Developer hereby grants. and gives to Service
Company, its-Succes5""ors a.nd assigns, but sllbject. to the terms of
this Agreement, the exclusi'\l~_ right or privilege to construct, Olm,
maintain or operate the ,~ate.r and se\~er facilities to seJ:ve the
Property i and the exclusive right or privilege to construct ,'--OIm,
maintain and operate said facilities in, \.lnder, upon, over Clnd
~cross the present and future streets, .roads, alleys and easer.1ents,
reserved utility strips and utility sites, and any public place as.
provided and dedicated to public use in the record plats, or as
provided for in agreements, dedications or grants made btherwise and
is independent of said record plats. }lortge.gees, if any, holding
prior liens on the Property shall be required to either release such
liens, subordinate their position or join in the grant or dedication
of the easements or rights-of-way, or give to Service Company
assur~nce by o.,lay of a "non-disturbance agreement", that in the event
of foreclosure, mortgagee would continue to recogni2e the easement
rights of Service Company, as long as Service Company complies ~ith
the termS of this C\.greement. All water distribution and sel.'ilge
collection facilities, save and except consumer installations, shall
be covered by e3sements or rights-ot-way if not located ....ithin
platted or dedicated roads or rights-of~way for utility purposes.
Developer . hereby further agrees that the foregoing
grants include the necessary right of ingress and egress to ony part
of the Developer I s property - upon. \.Jhich Service Company is
constructing or operating utility facilities. The foregoing grants
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shall be for such period of time as Service Company or its
successors or assigns reguire suer rights, privileges or cascmcnts
in the_construction, ownership, maiptenance, operation or expnnsion
of the water and .se\.olcr facilities. Thc parties agree th;;lt in the
event Developer and Service Company agree to install Dn}' of the
water or sC\.oIer facilities in'lands within the property.lying outside
the streets and easement areas described above., then Developer or-
the owner shall grant to Seivic~ Compan~, the necessary ebsement or
Cu!;cments for such "private property" installation; provi<.led,. all
such "private property" instClllations by Service Company shall be
made in such a manner as no~ to interfere with the then pri~i)ry use
of such "private property". The use of easements granted by
Developer to Service Com.l;'any shall not preclude the use by other
utilities -of th,se easements, such as foi cable television,
tele~hone, electric,:_or gas utilities, or as otherwise agreed to by
SerVlce Company, provided each does not interfere with Service
Company's use thereof.
Service Company hereby agrees that all easement grants
will be .utili:ted in accordance with the established and generally
accepted practices o~ the.water and sewer industry with- respe~t to
the installation of all its facilities in any of the easement. areas.
11. A~reement to Serve - Upon the completion of construction
_of the \Jater a-ner seHer facl-lities by Developer, its inspection, the
issuance of the- final letter of acceptance by Service Company, and
the other terms of .this ~gteemant- and Service Company's Main
Extension Policy, . Service Company covenants and agrees that it will
allow the connection of the water distribution and sewage collection
fDcilities installed by Develo~er. to the central facilities of
Service Company and provide utility service in accordance with the
terms and intent of this Agreement. Such connections shall at all
times be in accordance \-lith rules I regulations and orders of the
applicable governmental authorities. Service Company agrees that
ohce it provides water and sewer service to the Property and
Developer or others- have connected conSumer installations to its
system, that _ thereafter Service Company "Iill' continuously provide,
in accordance with the other provisions of this agreement, includiD9
rules and regulations and rate schedules, wate~ and sewer service to
the Property in a manner to conform \Jith all requirements of the
applicable governmental authority having jurisdiction over the
operations of Service Company. '
12. Application for Service: Consumer Installations
Developer, or any o"lOer of any parcel of the Property, or any
__ occupant of any residence,. building or unit located thereon shall
not have the 'right to and shall not connect. any consumer
installation to the facilities of Service Company until formal
written application has _ b.~D made. 1;-0 Service Company by the
prospective user of service, or either of them, in accordance_~ith
the then effective. rules and regulations of Service Company and
approval for such connection has been granted. .
Although the responsibility for connecting the consumer
installation to the meter and/or lines of Service Company at the
point of delivery i~ that of the Developer or entity nthcr than.
service Company, with reference to such connections, the parties
agree as follows:
(a) ~pplication for the installation of water
meters and backflow preventors shall be
rn~de- twenty-four (24) hours in advance,
not including Saturdays, Sundays and
holidays. .'
(b) All consumer installation connections may at
its sole option be inspected by service
Company before backfilling and covering
of any pipes. .
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(c) \/ritten notice to Service Company requesting
an inspection of a consumer installation
connection may be give~ by the Developer
or his contractor, and the inspection will
be made within twenty-four (24) hours,
not including Saturdays, Sundays and
holidays, provided the water meter and
backflow preventor, if applicable, have
been previously installed.
(d) If Service Company fails to inspect the
consumer installation connection within
forty-eight (48) hours after ~uch inspection
is requested in writing by Developer or
the owner of any parcel, Developer or
owner may backfill or cover the pipes
without Service Company's approval and
Service Company must accept the connection
as to any mattei whi~h could have been
discovered by such inspection.
(e) The ~ost of constructing/- operating, repairing
or paintaining consumer installntions shall
be that of Developer or a party other than
Service Company.
(f) If a kitchen, cafeteria, restaurant or other
food preparation or dining facility is con-
structed within the ~roperty, the Service
Company shall have the right to require
that, a grease tr~p and/or pretreatment unit
be constructed, installed and connected so
that.all waste waters .from any grease pro-
ducing equipment within such facility, in-
cluding floor drains in food preparation
areas, _~hall first enter the grease trap
for pretreatment before the wastewater is
delivered to the lines of the Service "
Company. The siz~, materials and construction
of said grease trap are to be approved
by Service Company. Developer hereby grants
to Service Company the right.to periodically
inspect_the pretreatment facilities herein
described. The provisions of this paragraph
shall not apply to individual residential
kit~hens.
No substance bth'~'r, than domestic I~astewater
will be placed i~:to the se\olage system
and delivered to the lines of the Service
Company. Should any non-domestic wastes,
grease or oils, including, but not limited
to, floor wax or paint, be delivered to
the lines, the Customer will be responsible
for payment of the cost and expense required
in correcting or repairing any resulting
damage or impairment to the treatment pro-
cess and/or facilities.
13. Service cC?"'f;any's Exclusive Right to Utility Facilities
Developer agrees IHt service Company -t"hat all .....ater and sel..:er
fClcilities accepted by Service Company, in connection ..-!ith pro_viding
water and se~er services to the Property shall at all times remain
in the sole, complete a'nd exclusive ol~ne('ship of Service Company/
its successors and assigns, and any person or entity owning any part
of the Property or any residence, building, or unit constructed or
located thereon, shall, not have any right, title, claim or interest
in and to such facilities 'or any part of them, for 2ny 'purpose,
including the furnishing of water or sewer services to otherpe~sons
or entities located within or beyond the limits of the Property.
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Developer m;);, provide for the availilbility" o-r those wilter services
to the Property which con~titute "non-dolnestie" uses such os for
irrig~tion purposes.'
14. Exclusive night to Provide Sc:rvice - ^s ~ further and
essential c~nsideratiofl of this ^greement, DC'Jcloper, or the
successors "nd assigns of Developer, shall not (the \-lords "shall
not" being used in a mandatory definition) engage ;..n business or
businesses of providing potable ~!ater or sewer services to .the
Property during the period of time Service Company, its succes'sors
and assigns, provide \-later and SCHer serviccs to the Property, it
being the intention of the parties hereto that under the foregoing
provision and also oth~r provisions of this Agreement, Service
Company shilll havli\ the sole and exclusive right and privilege to
provide water and sewer services to the Property and to the
occupants of each residence, building or unit constructed thereon,
except for the providing by Developer, from its O\oln sources and
lines for irrigation uses.
15. Rates Service Company agrees that the rates to be
char.ged to Developer and individu~1 consumers of water and sewer
services shall be those set forth in the tDriff of Service Company
approved by the applicable governmental agency. However,
notwithstanding any provision in this Agreement, Service Company,
its successors and assigns, may establish, amend or revise, from
timB to time in the future, and enforce'rates or rate schedules so
established and enforced and shall at till times be reasonable and-
6ubject to regulations by the applicable governmental agency or as
may be provided by law.
l:otwithstanding any provision i.n this Agreement, Service
Company may esta.blish, aJ:lend or revise, from time to time, in the
future, and enforce rules and regulations covering water end sewer
services to the Property, including the costs there~f.
Any such initial 0:':- future lower Or increC\sed rates,
ra te schedules, and rules and regulations established, amended or
revised and enforced by Service Company from time to time in the
future, _ as' provided by law, shall' be binding upon Developer; upon
any person or other entity holding by, through or under Developer;
and upon any user or consumer of the water and sewer service
provided to the Property by Se~vice Company.
16. Bind.i~ Effect of Agreement -: This Agreement
binding upon and shall :1-nure to the benefit of Developer,
Ccmpany and -their respectiv.e assigns _and successors by
con-solidation,- conveyance or othe'rniise, subject to the terms
~greement as contained h~r~~n.
..'~ .
In the event of a-'--sale of -all, or substantially all, of
the! stock or asse'ts of Service Company _to a governmental ,agency- 0:':-
author-ity or third party,- such governmental agency, authority, or
third party sha 11 assume all of Service Company I 5 responsibilities
and duties to _Developer hereunder and the 1iability of Service
Company shall -cease. Any such purchaser must, however, acknowledge
its obligation to honor this Agreement.'
shall be
Service
merger,
of this
IHS'cELL~EOUS PROVISIONS
17. l:otice - Until further ,,'ritten notice by either pa::ty to
the othcr, all notices provided for herein shall be iri writing and
transmitted by me~senger, by mail or by telegram, and if to
Developer, shall be mailed or delivered to Developer at:
L. C. Grammer, President
Big Cypress Associates, L~D.
P. 0-. Box 20394
Orlando,-'Florida 32814
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With a Copy to:
and if the Service Company, at: North Orlando Water & Sewer
Corp6ration, c/o Utilities Director, Suite 900, CNA:Tower, 255 South.
Orange Avenue', 'orlando,. Florida 32801, wit,", a copy to 11yers, Kenin,
Levinson, Ruffner, Frank & Richard$, lO~O East Lafayette Street,
Suite 103, Tallahassee, Florida 32301, Attention: William E.
Sundstrqm. . .,
18. Laws of Florida -. This Agreement shall be governed by'
the law? of the .State of Florida and it shall be and become
effective immediately upon execution by both parties hereto, subject
to any app~ovals which must be obtained from governmental authority,
if applicable.
19. Cost and. Attorney's Fees In the event the Service
Company or Developer is required to enforce this Agreement by Court
proceedings or otherwise, by instituting ~uit or otherwise, then the
prevailing party shall be entitled to recover from the other party
all costs incur~ed, including reasonable attorney's fees.
20. Force Ma;eure In the event that the performance of
this Agreement-~efther party' to this Agreement is prevented or
interrupted in consequence of any cause beyond the control of either
party, including but not limited to Act of God- or of the Public
enemy, war, national emergency, allocation or of other governmental
restrictions upon the use or availability of labor or materials,
rationing, civil insurrection, riot, racial or civil rights disorder
or demonstra tion, strike, embargo, flood, tidal wave, fire,
explosion, bo.mb detonation, nuclear fallout, windstonn, hurricane,
earthquake, or other casualty or disaster or catastl:ophe,
unforeseeable failure or breakdown of pumping transmission or other
facilities, any and all governmental rules or acts or orders or
restrictions or regulations or requirements, acts or action of any
government OJ:" public or governmental authority or commission or
board or agency or agent or official or officer, the - enactment of
any statute or ordinance or resolution or. regulation or rule or
ruling or order, order or decree or judgment or restraining order or
inj"unction of .any court, said 'party shall not be liClble for such
non-performance:
21. In the_ event .s;lvice Company I s performance is prevented
by the happening of -an E:vent of "force majeure" as referenced in
Section 20 above, Service Company. shall refund to Developer- the
amount of monies previously paid by Oeveloper to Service Company.
Such refund shall be without interest or. penalty.
22. The' rights, privileges, obligations and covenants .of
Developer and Service company shall survive the completion of the
work of Developer \-lith .respect to completing the facilities and
services to any development phase and to the Property as a ~ho1e.
23. This' Agreement supersedes all previous agreements or
representations, either verbal or written, heretofore in effect
bet....een Developer and Service COr:1pany, made. '\o1i th respect to the
matters herein contained, and when duly executed, fully constitutes
the agreement between Oeveloper and Service Company. No additions,
alteration$ or variations of the terms of this Agreement shall be
vZllid, nor can provisions of this Agreement be waived by - either
party, unless such additions, alterations, variations or waivers are
expressed in writing and duly signed.
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2~. Service Compuny's liability to Developer for
non-performance herein Ghall be limite~ to .the- provisions of Section
21 hereof.
und
and
the
25. \,henever the singular number is USQd in this Agreement
~hen required by the context, the same shall include the plural,
the mas c II 1 i n e , f e m i n i n e and n e u t <:: r 9 end c r S shall e a chi n c 11.1 d e
others.
26. Exhibits mentioned herein h~vc been signed or initialled
by the duly authorized officer.G, agents or attorneys of the parties
hereto and are hereby incorporated herein by reference and made a
part hereof as fully as if set forth herin.
27. Hhenever approvals of any nature are required by either
party to this Agreement, it is agreed that same shall not be
unreasonably withheld pr delayed.
28. Notwithstanding the gallonage calculations that could be
made hereunder relative to ERC's, by and execution hereof, Developer
agree-s that the i.ntention .of this contract is to reserve a given
nUIT'.ber of units of capacity for the property described in Exhibit
"A" and not for purposes of any other calctilations.
29. It is agreed by and between. the parties hereto that all
words, terms and condl tions contained herein are to be read in
concert, each w~th the other, and that a provision contained under
one heading may be considered to b~ equally applicable under another
in the interpretation of this contract.
30.' By the - execution hereof,' Developer agrees that Service
Company has certain' obligations as a regulated public utility to
protect the health, safety and welfare of the public and not to
burden ~ervice Comp~ny's customers with extraordinary expenses
attributed or attributable to Developer, his successors or assigns,
and that. Service Company may,. at its sole option, require
pretreatment or special features such as grease traps. It is the
intention of the parties that all sewage shall conform to t.he
requirements of paragraph 6 hereto prior to introduction into
Service Company's collection system. Developer shall pe responsible
for all cos~s associated herewith.
31. Service CompanY shall, at
hours, have the right of inspection of
an.d facilities.' .This provision shall be
and assigns of the' Developer.
all reasonable ~imes and
Developer'S ~nternal lines
binding on the successors
32.
Developer..-
...
.~.;'
Hater conservation.....-measures shall be employed by the
Said measures shall include _but not be limited to:
(~) Low flush toilets which utilize 3.5 gallons
or less of water per flushing cycle.
(b) Shower heads which have flow restrictors,
pulsating features, flow control devices
or other features which result in w~ter
conservation; and do not allow a flow
exceeding 3.0 gallons per minute at 60 psi.
(e) No sl...inuning pool filter bacy"I-IlIsh \.later, or
any other sHimil'in_9 pool \.Iastewater shall
be discharged to the sanitary ~ewer system.
(d) Spring-loaded/automatic shut-off water fix-
tures shall be utilized in all public rest-
rooms. This shall include lavatory fixtures.
-13-
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p _ 1 5
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lal Con~i~eration and use IwhcrcpoDsible) of
dizh\~nshers Dnd \.I.:lshinq m,""\chin'c:!'; ",'hich
have \.Inter conscrvotion fa.:lture~ and/
,or utilize less water per cycle.
If) Where and-as possible, rcsidc:ntial laundr~.
wastcs shall be di~poscd ot by mcnns of an
interceptor tank_and abzo~ption b~d or
drainficld. Such installations shall be
in ticcord.:ln~c \.lith the design standnrd~ o~
Chapter 10-D6, Florida lIdministri'l_tive Code.
Service Company, at its discretion, shull review and upprove all
\.later conserv~tion,measures prop05~d by Developer.
33. The pLlrties hereto recognize that prior to the time_
Serv ice Com~any may actually commence upon a program to carry out
the terms and conditions of this agreement, Service Company may be
reguireo to o1Jtain approvul from various- state and local
governmental .authorities hD.ving jurisdiction and regulatory pm-Jer
over the construction, maintenance, ~nd operation of - Service
Co~pany. -The Service Company agrees _ that it \~ill diligently and
earnestly, at Developer's sole cost and expense, make the necessary
and proper applications to all govr::rnmental authorities and \dll
pursue the same to the end th<3t it \~ill use its best ef:orts to
obtain such approval. Developer, at: its own cost 2nd expense,
asreeS to provide necessary assist~nce to Service Company in
.obtaining the approv~ls provided for h~rein. ' Upon executipn of this
Agreement, Service Company maY,require the pa~ment of a reasonable
fee to defray' Service Company's legal, engineering, acccunting,
a~ministrative and contingent expenses.
34. Subr.\ission of the Developer Agreement to the Developer
by the Service Company shall not constitute or be cons-trued to
constitute an offer of service to Developer by Service Company. The
De'Jeloper lIg:-eer.\ent snaIl become effective and binding upon the
Developer and Service Com~any only at time of execution of same by
the pal'ties.
35. Failure to insist upon strict compliance of any of the
terms, covenants, or conditions hereof shall not be deemed a waiver
of such terr~\s, covenants, or conditions, or shall any Haiver or
relinquishment of any right or power hereunder at anyone time, or
times, be deemed a waiver or relinouishment of such right or power
at any other tim~ or times. .
36. Re'gardle~s of where executed, this Agreement
construed according to the~?~~s of the State of Florida.
37. In the event that rel6cation of existing water
utilities are necessary for the Developer, Developer will
Service co~pany in full for such relocations.
sha 11 be
and sever
reimburse
-14 -
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FEB-15-00 TUE 10:07
p _ 1 6
IN \nTi~E:sS \\'IlE~EOf, Developer and Service Company hnvp.
executed or hilve cilu:;ed this I\greelncnt, with the named E>:hiblts
0ttachcd, to be duly executed in scvct:ill countet:pt>t:t::;, eilch of
I.Jhich countet:p<lrt shilll be considercd an or.iginill executed copy of
this Agreement.
~~.
::Jrji' ;() r fit'
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IHTNESSCS:
Atte'st:
-LL- /7 '
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'~ . ~ a
UJ,fw,.m. ~-
D8V$~~PER:n.c;:S~ Assoc: /...'fD "
D\ R.P. ~ 0E)J~1lA L full. T U 6'R
8y:
MORTGAGEE JOINDER
(if applicab~e)
8y:~____
Attest:~_______
...
."\.~
..~.-
D"TE----~----
-15-
FEB-15-00
.
./.:;"\
"'_-:../
ST~T~ Of fLOnlDA
COUNTY Of Orang:~_______
_J" U E
10:07
p _ 1 7
" fl. ..,:~~,:'i4~:.:...
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The L'oreyoing instrument -WCl_" .:lcr.no\.llcclC)cd beL'or':! me this
5th
d.:lY of
September
, 19a~_, by
Gerald L. Chancellor
-----------.-.:...---- --_...--~-
ST~TE OF fLOnID~ )
COUNTY Of -OraJig-e---~"-)
~rt?~t--Ciic9-e
My Commission EXP[~S~[ florld~ ,
Nolary Public, Sl3le of FlorIda et L"arCs-
r,1y Commlssioll Expire. July 31 1987
Bonded by lawyers Surol)' Corpor:lion'
The foregoing instrument was acknowledged before me this
5th
day of
sep'tember
, 1 98.J_":""-' by
-------....--.---....--
L'. C. Grammer
------ ----...--.-----------....----
STATE OF FLORIDA )
COUNTY Of :.:.______~l
~~-L-4~'-(La-~~l:-f -::~- -- ~::~ ---
~~ 'I PlVlLIC, St.at, ~'fa~ at LCl"Cge
My ornmission Expi es:
Notary Public, S!ute of Fl:;rida- 2{ [3lg~
My Comi11issio~ ~"pires iuiy 31. 1987
Oor.dcd by lO':'j':n: SU,"i!,y Ci;'ilI:'I;,i;cn
The foiegoing instrument waS ~cknowleaged befo~e-me this
day of
198
, by
----------.--
----------
-.---.----
N01-ARypulH:rC;-Sfa"teo./:-rfor roa-at ea (9 e
~_<~My Comlnission Expires:
. y~:-
ST~Te OF FLORIDA )
COOHTY OF . .. )
The foregoing instr"ument was acknowledged before me this
day of
, 198 . , by
.- --
---------
'N6'1'J\!iy-PD-e1-.L c;-----stateor-r.1Oi"lo.i- at 1-a (9 e
My Commission expires: .
~Thls Instrument_Prepared oy:
/
-16-
FFB-15-00 TUE 10:08
p _ 1 8
BIG CYPRESS
N^!=\-COrrffoJECT------ --------
--- -----.. ..--....------..---...--
PROPERTY O~SCRIPTION
BIG CYPRESS GOLF' COURSE LYING WEST OF' SHEOAH BOOLEVARD
DESCRIPTION: A portion of Tracts "0", "I-r;' on'o ":r: 'and 0.11' of Tract - "1.'::; --
THE HIGHLANDS SECTION THREE, as,recorded in Plat BOOK 17, Pages 48 and 49 of
the Public Records of Seminole County, Florida, Being more particularly des-
cribed as follows: From the Southwest corner of North Orlando Ranches Section.
13, as recorded in Plat BOOK 13, Page 40; PuBlic Records of Seminole County,
Florida, run tbence N.12054'04"E. along the West line of said North Orland6
Ranches Section 13, a distance of 118.68 feet; thence run N.~9056'10"B. 310.52
feet to a point on the We(iterly right-of-way: line of Sheoah Boulevard, said
point being on a curve concave Easterly and having a radiUs of 596.12 feet;
thence from a tangent bearing of S.09051'10"N. run Southerly along the arc of
said curv~ and said Westerly right-of-way line, 745.46 feet tnrough a central
angle of 71038!S8" to-the point", of beginni:ng; thence continue along the arc of
said curve and said We~terly right-of-way 1fne 33.84 fee~ through a c~ntral
angle of 03015'10" to the point of tangency; -thence run S.65002'55"E. 72.00
feet to the point of beginning of a curve concave Southerly and having a rad-
ius of 354.78 feet; .thence run Southerly along the arc of said curve 19.53
feet tnrough a central angle of 03009'14" to a point; thence leaving sa~d
Westerly right-of-way line run S.23001'18"W. 55.72 feet: thence S.OB048'2S"W.
141.52 feet; thence S.2l024'40"W. 153.06 feet; thence S.06052'27"W. 144.14
feet; thence S.27013'~j"W: 153.87 feet; thence S.6~029'30"w. 340.92 feet;
thence S.S7033'00"W.1SO.5l feet; thence S.lo021'OS"E. 310.54 feet; thence
S.83036'3B"E. 315.32 feet; thence 5.44 47'08"E. .177.77 feet; thence $.36050'
38"E. 217.13 feet thence N.85011'58"E. 70.00- feet to the corner common to
Tracts "0" and "I",o~ said The Highlands Section Threej and s~fd Westerly
right-of-way line of Sheoah Boulevard, said corner being on a curve concave
Easterly, and having a radius of 972.98 feet; thence from a tangent oE!aring
of S.04048'02"E. run Southerly along the arc of said curve and said Westerly
right~of-way line 274.21 feet through a central angle of 16008'49" to the
point of reverse curyature of a cu~v~ concave Westerly and having a radius
of 830.23 fe~t; thence run Southerly along the arc of said curve 102.45 feet
through a c~ntral angle of 07004'14:' to the corner common to Tracts "e" and
"1", of said The Highlands Section Three, and sai:d Westerly right:-o,f-vlay line
of Sheoah Boule~ardi tb~nce ruq S6utherly, Westerly:a~d Nort~erly along' the
~ouI:dary line of said. T.rac t,_ ",I" _ t:!:l,e.. }ol1.~~:t}ng _ ~~u.r.~_~s"~__:fu..n_,S',s. 7038_' 5 3 ",~'l" .
19.70 feet; thence S.37011'OS"W.'364.81 feet; thence-S.4,0036"OS"E. 92.20 feet;
:hence -S,320S8'10"N~ '2'20.51 fee,t; thence S.01034'lO"E.' 365.14 feet; tflence
,.82040'26"E. 140.95 feet to ~ PQtnt on a curve concave Easterly, and having a
:adius of 1545,74 feet; thence frOll( a tangent bearing of 5.13025' 31 "w. ,- run
;olJther1y along the arc of said cur.ve 234.76 feet through a central angle of
)8042'07" to a point; thence run 5.87014'54"H. 112.94 feet; thence South
US.OO feet; thence S.14044'05"t~. 360.30 feet; thence N.89.o59'34"1'l. 300.00 feet;
:hence S.00049'13"E. 179.30 feet; thence N.82053'31"H.' 220.74 feet; thence -
'J.07006'29"E. 10.00 feet; thence 1'1.82053'31"10,1.200.06 fe"et; thence S.07006'29"IY.
lO.OO feet; thence N.82053'31"t.1. 286.90. fcet; thence N.Oo049'13"H. 91.80 feet;
:hence N.89059'3~"\'I. 7350'75 feet; thence N.B2053'31"lY. 614..65 feet to the
;oul:hl\'csl: COJ:ncr of said Tract "X"; thence continue along said boundary line
L11049'30"E. 1976.51 feet; thence N.86053'33"E. 669.19 feet; thence N.03006'
~7"\y. 1806.41 feet; thence'lcaving<said boundary line of Tract "I", run 5.680
lO'OO"E. 120.00 feet; thence N.60000'OO"E. 125.00 teet; thence_N.44009,'10E.
_62.37 feet; thence S.890S6'lO"E. 141.68 feet; thence N.420 /I '49"E. 139.18 feet;
:hence S.8S048'56"E. 320.45 feet; thence S.02005'4),~E. 130.00 feet; thence
;.23039'Ol"E. 54.44 feet; thence S.0200S'43"E. 150.00 feet; thence S.05045'38"E.
.79.99 f.eet; thence S.19030'25"W. 263.59 feet; thence 5.02048'28"\';'. 52.20 feet;
:hence s.30049'Ol"W. 76.49 feet; 'thence 5.25010'25"H. 200.00 feet; thence
i.30057'50"E. 116.62 feet; thence N.83017'25"E.,l71.17 feet; thence N.48010'
_S"E. 443.82 feet; .thence N~26002'32"E. 260.00 feet; thence N.12044'26"E.
IS.16,feet; thence N.43007'32"E. 190.00 feet;to'the"Point Of .Begiryning,
:ontaining 160.8791t acres.
EXHIBIT "An
. - 17-
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FEB-15-00
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PLMIT CAPACllY C!lAIlGES
Developer agrees to PilY Service COIIIPilllY tile foiloliilig Plilnt Capilcity
Charges to induce Service COlllpany to reserve tile foI101';;n9 plilllt Cilpilcities
(or Developer's proposed cOllllections. Developer- under'stilnds that plilnt
opaci ties are only reserved upon pilYlllellt of chal-ges by llevelopcr to S~rvice
COlllpany. Said plant cilpacity charges to be paid by Developer arc those \'Ihic.h
are set forth in Service COlllpilny's_tariff approved by the Florida Pull1ic
Service COII'oission ilnd, accordingly, these charges 1I1.1Y be changed frOl1l time
to time. with the approvill of the COlllllission.
~Ylllent Schedu1~
Wa te r:
Cus tOltlC r
~a_t~.92!.i'..
Ilumber of
Connec t ions
Nur.lbe r 0 f
Units*
ERe
Fae tor
lotal
ERe's
Charge
Per ERC
--
10till
Char 9~
Multi-Family
and Commercial
N/A
251
1.0
251 - $115.00 $ 28,865.00
~: .
-
Customer !lumber of !lumber of ERC To ta 1 Charge Totill
Category Connections Units* f~ - ERC 's Per ERe Charges
------
Multi-Family N/A 251 1.0 251 $325.00 $ 81,575.00
and Commercial
Grand Total
$ 110.4"40,00
...
", -";"~'.~~
*Th'e term "uni t" refers to the appl icabl e
determining the water Dr sewage flows.
cOlllponant which- is the basis of
(XIII 11 IT
"nit
:.,....
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't
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