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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. 'ci ~ II) (I). U III ... ... (I) I- - O' (!) S.IR. 434; Id. _ I!l!..'!'_~~ ~[J_.=-;tCc ~,t~-:-=L1.~ 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 1(r\1'.>lOW. 0"(1) ,o,f'p'l) {(!.~- Site Da~a Total land Area Commercial Urban Residential Proposed Units Proposed Density 14.76 acres 12.2 acres 2.5 acres 225 15.2 du/acre """ '" 2003 D"'l[ 1"=60' Si'OI <( ...J (J) (l) <( ~ ~~ - '"" C:) ~ c: t.> ........~ g ~ ~K ~ ~ ~~ 1i: ~"t>~~ w. tl-Jf'.... 0... '"'C ~ tl ~ . n. ~~ o 'U f2 \:: g. tl~ ~ CD t.>:S tl cd V) Cb ..~ E \) Q...g ~ o c::........ c::: c::: .c 'C) <0 tl Q t- -J ~~a: " %. 1\\ .... ~ } i D~~-'~.~ riG F.J.J~ GE J SELECTIVELY PRUNE TO 1.4 AINT AlN FORI.4 \ \ - EASEMENT DEC~TION \ "8. (O.R. 1~26. P. \ 1258)\\ \ \ t ~ \ \ \ I \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ - '.A \ 'i ~ \ \ '~h \ \ ,! \0 I ,. \ " , , .., ~ ~. ~ i / I -~ - c-,~. ./', PROVIDE AGRIFORM FERTILIZER TABLETS AT THE FOlLOWING RATES: 15 GAL./5 TABLETS: 30 GAL. /1 0 TABLETS, 65 GAL. /15 TABLETS, OR ONE TABLET PER EACH 1/2" Of 1RUNK DIAI.4ETER. . I -ry II, " . :. ~ . .., ,'" :....~~:E F" '-.- r'., - ""-;k~'-- "r r..r;i..E Ii y, ~ IlJ . - .'./ u ~ CONSERVAT:ON EASD)~I';r ( (CR. 1tH)4, PAGE :31) / I IlJ IlJ REINFORCED RUBBER HOSE ORANGE FLAG ABOVE TURNBUCKLE - \ A..:J1,....:_: , ,--- {10 GAUGE WIRE WITH GALVANIZED TURNBUCKLES AT THREE LOCATIONS (120' APART) MINIMUM 2" I.4ULCH o ~ ..-I ~': c...'::-'" ' ,...,,"'-0' .....~.. ~ ~ .....->...~*..~ T.)" r .t.' to,: ':.., if';;'.~ .........,. -- . ~: ,. .::' ,.. - - - ~ -- -- ~.........- -~ .. - - , , )t\ " , , ~'-. ,'\. -- 6" SOIL SAUCER TURN BACK BURLAP ONE THIRD IF BALLED & BURLAPPED. REI.40VE SYNTHETIC BURLAP COMPLETELY. 2")(4" X 2'-6" P.T.P. WOOD STAKE FLUSH WITH GROUND PLANTING SOIL MIX - 1/3 SAND, 1/3 PEAT, 1/3 TOPSOIL. CON1RACTOR TO SUBMIT ANY PROPOSED SUBSTITUTE FOR APPROVAL. PROVIDE CLEARANCE AROUND ROOT BALL Of 12" ON ALL SIDES AND 6" ON BOTTO.... c~" -. v.... \..~.... 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I 1 ~ ,l) FrJ1CC '" ~. 8~ a: -:'0 ~ mD..~1' ~:J~ ~ 8o~~ a:(f). Q..lLJ .A 02 ~ ~ ii)~ W lL ''It (f) ~.J~ ~ 08 ~ - , nrY~~ . ~ pOl.( ~ sf1 6f..~~ cF p;jKR . "'-.----.. Q'~~../'I. ~ --- ~---~ <t<. - . ~ _ . - .-K~ ---~~.J".. (/ -..0- ~~ ~ r 1 0' W'C'~ ~'OWEr: [ASc!.'c.r';T / (0. Q 101 e, PA~;E G()4..i) I I i ~ I i / "'#"",,4 : " . '\ I' -~ . --.;: .... ~ ~~ ~n- ~\V AiCi\ 't.\eJ L71-\ SELECTlVEL Y PRUNE TO ...AINTAIN FORM PROVIDE AGRIFORM FERTILIZER TABLETS AT THE FOlLOWING RATES: 15 GAL/5 TABLETS 30 GAL. /1 0 TABLETS, 65 GAL. /15 TABLETS OR ONE TABLET PER EACH 1/2" 6F TRUNK DIAMETER. REINFORCED RUBBER HOSE #10 GAUGE WIRE FROM CENTRAL TRUNK TO THREE STAKES THREE 2" x 2"x 8' P.T.P. STAKES MINIMU... 2" MULCH 6" SOIL SAUCER I -- . - 6~y':::: - --- fIOLE ~'"" ..-c~ -..--- \ S ~~.?tl'W 6lS. 10' ~ ---~ ~ ;'- ~o;a. .~ tl ~ & ~ .t'~<J' ~.. ,~ CfIi . ~'" I I I I I . ~~I ~ <) I I I ~,,, \ \ \ ~ ..1 i tfJ ~. ~' ~ ) n EJMRONMENTAL LINE ~h~.t ~ ,~ y t,)~ TURN BACK BURLAP ONE THIRD IF BALLED & BURLAPPED. REMOVE SYNTHETIC BURLAP COMPLETELY. PLANTING SOIL MIX - 1/3 SAND, 1/3 PEAT, 1/3 TOPSOIL. CON1RACTOR TO SUB...IT ANY PROPOSED SUBSTITUTE FOR APPROVAL. PROVIDE CLEARANCE AROUND ROOT BALL Of 12" ON ALL SIDES AND 6" ON BOTTOM. ~ ~OF CRED< --..... .! .. s~ "".0 . p NII.-46.2C.J ~ t~tW'.s.J I l ... N o.J.2~'02T: ---- ~ "~1' \ ... _ ~~ _. ~---"l~ I / \.1 ( - ~,v~ '------ '-=; ~ r_r_\ . . /l "~ I I ~ ~~'{.~ !!N. -46..!10 \'l- .~<v ~'\ 4' :-. ~ - z- E~ ~~ o W(Ci' o~ 1;-- I:i~ a~ ~ 1 ~. \..~ z <{ .J a... W n.. <{ O. C/) o z <{ ...J W I- - C/) , , I 1~'to.. ""f(~ , '- 1IW.-48.50 MUL 11- TRUNK TREE PLANTING DET AL NOT TO SCALE l I .~ ,'\. '--=; ~ H \ . N 8'.,.'4,,, "-' _'71,11:r .... -- .~ ~ ,(I ___ of. 111"" ~~ / 6. m ::) .J 0.- . lL~ .J . ~ 80;0 (1)- -~ O...J ~I.&.. ~ 0 . ~(I) ~~ zlLJ- - ~ &: a: ~ (f) D..~~ m 8~ a: ~ ~ ~~ ~ DMRONItlENTAL UNE / PROVIDE AGRIFORM <l8l~t) FERlJUZER TABLETS AT THE roc G ~ATES: 3 GAL/ 2 TABLETS. 1 GAL./1 TABLET. PROVIDE 6" W1NIMU... CLEARANCE AROUND ROOT BALL (SIDES AND BOTTOM). ~"~:...:,.;-o-:.:,.".,.,;",,,,~ ~ -~ '--:; ~ ~~~ ,,~ .,. ~~ /' ~~ " ---, w I I ~ I '--'=; H.C. \ 2" "'ULCH MINI"'U'" - DO NOT COVER MAIN STE'" lj' /7A '-~ \ -4 c-- 1- ~ SET TOP OF ROOTBALL ," ABOVE FINISH GRADE 12" MINI...UI.4 DEPTH Of PLANTING SOIL ...,X IN SHRUB/GROUNDCO~R PLANTING BEDS. H.C. ~ '- TlflI ~ DIIIIROMIENTAJ. POINT I1Y OTHERS) . I } '-~ RfX. 1/2 i. R. (L.8.88) ~ l ~ lD(T 1'Ot.E .S: ,,~ ~.., .. I -., H.C. & ~O - ~ ~~ ~/7A i '---' PLANTING SOIL I.4IX - 1/3 SAND. 1/3 PEAT, 1/3 TOPSOIL. CONTRACTOR TO SUB...IT ANY PROPOSED SUBSTITUTE FOR APPROVAL ~ \ .......... - CMltHFAD FOII!Jt UNtS (TYP.) t\ ) ",--.... I'iN\ ... \V ( ,r- ~ ""{ " Jl.+ ~ ~ "'iC't ~" ~.~.... .,.. t I-~ ~ ~ '----~ ^ ___./'00.. 'X -,~ ~( ~ .: .T.~ ,-. '/:_~ -::a... ^ ~,,_ ~ " ^"- ./_'r- or ~ ...~. --""l..... (. . ~ '-- ~- '---- J..... . ~.. T ~ ~~...... "V" /~ ~ -v ~r-f~ '-'" v .... \ \..~. ) I - - , 'l ~~" . . .r.T.. ... .... .~.. v r /j;~ '" . (~/A(\ ~~ ~....-... ---=-::::::. / - ~'- _Anr . . '\.'R~\ ~ + ..' 'e/ ~ ~~ r;ii;\'" .... " ~'-0--- - \ ~.. . .. .. .... ....... . .' . . . . /Li:\ /D\ J1:M\ I 'eI N 82.53"31'* 286.~ . -=- 9 ~ _: -'h~~ " . ': . .. " . '.' ~ fiX \.U. .: '.:: "'. { -=-, ( ~t r_~~) ~~ _ ~ 1.if " .' '. ~ . -- . - ~ - -=~~ C. .-:. I' NO'~'2;'~~ I ~~ '/Ll/l]LrryfAs ~ I ...t'm-~lM.....tU.c:M...,.mpJ ~~.~ ~IfENT $' ~ ' "'9SS) LONG1YOOD rAT -,,:4GNER (PUBUC f " H.C. - p SHAUB AND GROUNDCOVER PLANllNG DETAIL NOT TO SCALE -k g ~ as t-- ~ ~ FLANT LEGEND OUANllTY m G)&& ov ~ ~ ).. a: a: Goo.: ~ cj~ qcj .,:.,: .,:.,: ~ ~ 2 J:::: I!?~ 9:: jSU ~ ~f ~ ~; c::s 5 ~ ~ ~: ~ ~ ~~ 5~ ~ :;! " 15- ~i Go ~ ~ z 2 ~ a ..... ~ 5 f ~ ~ ~ ~~ ~ ~ ~ Cl . Iri;:" ...- .J ./ ,<I)<I)~~ OQ:: Q::~~ ~ ... I:) ... SYUBOl DESCRIPllON SIZE 10' - 12' TALL. 6' -S' SPRD. 2 1/2- CAl. MIN SiP ACING 1. f"!o~ ~~ 'VFC" .~~J~@<<~ . . ICM\ ~ .!,~ .. .... 'eI '\ ~~ .,,"("" .. ..' ~ '. . c~ . . . +. . r t:IV' :. + >;;<4 :: . . :A.II. .~~ ~ . ~.. ~ '-.7 ~~ "I .+~r 82eSJ'_'i1"W ??o.74' ~~ '-'::w~~~ ~ ~ '" I $'~ - ~ ~ ~...... ( . '7"---f ~ )\ ~~~"-~)"lIiE ~~ ~ - or~7. "-~ (S;R. NO.434) ~ . .Ia C~ ~l ~ ~ ~ U) ~.~ ,"- , 8 r'1l \tI CANOPY lREES QUERCUS VIRGINIAN A (UVE OAK) A/S r-COco'talE /'- -- If: ~ ~~ 8& @&& fA B& 8'xS' MIN.; FULL 1.5- CAl. MIN/MUlll B&B UNDERSTORY TREES UGUSlRUM JAPONICUM (UGUSlRUM lREE) LJ A/S iGii\ \:!.J HEDGE - IWClUN ANISA 1\JM (ANISE) - SEE NOTE BELOW MIN. 30- HT. x 18- - 24- SPR. 36- O.C. TYP. 3 GAL ~ - \~.~: -... I ~, ~- -- LANDSCAPE PLANTING NOTES: - ~ ~ 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 B&& (3& GROUNDCOVER- URIOPE 7-10 PIPS MIN. 'EVERGREEN GIANi FUU. / 1S" HT. GROUNDCO~- RAPHIOLEPIS MIN. 12- - 15" HT. x INDICA ALBA' 15- - 1S" SPR. ~ ~"ft'& ~ 2' a.c. TYP. 1 GAL 30" O.C. TYP. 3 GAL TO COVER ALL DISTURBED &c RENOVATED AREAS LEG . RIA SOD (ST. AUGUSllNE-FlORATAM) S~TAPHRUM SECUNDA1\JM 'FlORATAM' l1GHn. Y lAID FREE OF PESlS &c DISEASES 5.F./T.B.D. SOD sm ROAD R/W-OPEN, PAVED) 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 ... ' 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'_' ( , :':..':~., . . I '::::';";::",', \', ...... . . '. .' ).,.... ,',' . " '. . .- .... ": ~ .' . 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- ":":,..:. 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- ''';':'':'''.: ..-..f;.>:.:..... 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 -11- FE~-lS-00 ~UE 1~:04 p _ 1 :3 ~.~\~. ." '.~.': :f__;' 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. -12- \ ~.~.'~~.f:. . \ .:.:.), FEB-15-00 TUE 10:05 p . 1 ... "",- -' , . 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. -13- , ;.,;.", i f' I: i i " ,: ,. I 1- .- , ; ! : FEB-1S-00 TUe; 10:06 ~I'- '0. ~ ' , . (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. -14- ;:':.:<.. sha 11 be and sel.er reimburse FEB-15-00,TUE 10:07 p _ 1 6 ....#. ...._-~ 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 \: ; ---......-----...--- ~' .., /. r /;... . ?-" -- 1/ ' ~ - 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----~---- -15- F E, B-1 :5 - 0 0 :rUE 10_:07 p _ 17 .. ..... < . ': . " ~. ;. .,' ~ ";:.,. ..j',. ... \,..:;, 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: ." -16- F~B-15-00 TUE 10:08 p _ 1 a ..,. 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" - - 17- ":::'~:~}:':... . F~B- 1 5-0,0 .TUE " 0 : 0 '3 ~) ~ 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 .' ..~::" .~ ,:.; -t . ~'r. '03/05/2000 10:08 7407551 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 ... ' DALVDESIGNG8.0UP PAGE 02 --.--. _...._...._._-~--_...---_....__....._--_.__..- ~ 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 (-. , - / \. " 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 --. .., ..- .---- --- -.- .-..- '-'-"-'-.._...--.,---._--~--- .--.--.--..- 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 ..---. - '-- ,. . . , 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'! (- :':',,:<-. '. , \". ::::~':.::~~:" ,',.., ...., .... '. )...... ",::'1. ~ .' - ; -~- \ . P. 02 , 8iS.--Ci:'~~-_. \1/\j'\I;: 01: )'I\OJCCT -- ,FEB- 1 5-00 TL!E 9 :,56 \--"\- -\-~& -,-- ~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 -4- FEB-15-00 -:rUE 9:59 ~,' P.06 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 -5- FEB-15-00 TUE 10:00 P.07 ,~ .' '--- 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 -6- .....".' FEB-15-00 TUE 10 :00 . ",' ~0' \'----' , 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. -7- ".::,:..:.:.. . .... ':,:' . FEB-15-00 TUE 10:01 P.09 (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 -8- F~B-15-ee TUE le.:e2 p _ .1 e '--.~- --.'-.1 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. . -9- "" FEB-15-00 TUE 10,:03 p _ 1 1 \_.../ ',-: (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. -10- ....;.....:. ',' :.. .,;:~:.: ..... ~...'.. . .,' " FEB-15-00 TUE ~0:03 , -, ....-. P. 1 :2 .-.... 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 -11- FE~-15-00 ~UE 1~:04 p _ 1 :5 "~\~~?' : .....,:..... -- , '--' 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. -12- \ . :'?:~:;:. -:-:.1. FEB-15-00 TUE 1~:05 p _ 1 4 .......' 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- ~{;:: . . "A','''. .. i f I; ,- ,. I I. ,- , ; ! : F E.B - 1 5 - 0 0 T U e; 10:06 C,I'-- p _ 1 5 ~' ~ . , . 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 - :;;'0(.. 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' . ~--~~-~~~ IHTNESSCS: Atte'st: -LL- /7 ' /' /;. . ?/ --- '// ' ~_ 4..~~ '~ . ~ 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~:.:... ..,',. r '\.......:...:, 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- "- "'::'~:" ,':', . FEB-15-00 , ' . TUE ~_0 :09 /. ."' ',:j , p _ 19 G' ," j. 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 :.,.... .~..,' :', 't /.... . ~.r.