HomeMy WebLinkAbout2001 06 11 Regular H Stormwater Capacity Agreement
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COMMISSION AGENDA
EMERGENCY
ADD-ON
ITEM H
Consent
Informational
Public Hearing
Regular
x
June 1 L 2001
Meeting
Mgr. / Dept.
Authorization
REQUEST:
The City Manager requesting the Commission to approve an interlocal
agreement/easement with the Seminole County School Board to utilize the
stormwater retention pond located on Winter Springs High School property, to
authorize the City Manager to make minor changes to the agreement consistent
with negotiations with the School Board, and to execute the agreement on behalf of
the Commission.
PURPOSE:
This agreement is needed to acquire stormwater capacity for development of the Town Center.
CONSIDERA TIONS:
Engineering studies have demonstrated that the most feasible method of providing stormwater
retention for the Town Center is through a combination of expanding existing stormwater
storage areas on City Hall property and on Winter Springs High School property.
Discussions have taken place with School Board Staff for several months resulting in the School
Board Staff giving preliminary approval subject to approval of an interlocal agreement by the
School Board.
FUNDING:
The cost for the improvements to the retention pond on school property is estimated to be
approximately $50,000 and are included in the Town Center Main Street Project funded through
impact fees. The estimated cost of the Main Street Project is $800,000.
MAY 14,2001
REGULAR AGENDA ITEM
Page 2
STAFF RECOMMENDATION:
Staff is recommending the Commission do the following:
1. Approve the prepared interlocal agreement/easement prepared by Staff, and,
2. Authorize the City Manager to execute and forward the agreement to the School Board,
3. Authorize the City Manager to make minor changes to the agreement that might result from
School Board review subject to review and approval by the City Attorney.
ATTACHMENTS:
1) lnterlocal Agreement
2) May 31,2001 City Manager Letter to Diane Kramer
3) May 17,2001 City Manager Letter to Diane Kramer
4) May 7, 2001 Mayor Letter to Diane Kramer
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF WINTER SPRINGS AND
THE SCHOOL BOARD OF SEMINOLE COUNTY
STORMW A TER PROJECT AND EASEMENT
THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into this
_ day of
, 2001, by and between the CITY OF WINTER SPRINGS, a
Florida municipal corporation (hereinafter "Winter Springs") and the SCHOOL BOARD OF
SEMINOLE COUNTY, (hereinafter "School Board").
WITNESSETH:
WHEREAS, this Agreement is authorized pursuant to Section 163.01, Florida Statutes;
and
WHEREAS, in the spirit of intergovernmental cooperation and assistance, Winter
Springs and School Board desire to utilize an existing stormwater retention pond located on real
property owned by School Board and situated in the City of Winter Springs for the purpose of
operating and maintaining said pond for the collection, treatment and attenuation of existing and
new stormwater discharge from additional impervious areas; and
WHEREAS, the Property possesses stormwater retention value of great importance to
School Board and Winter Springs and primarily and foremost to the people of the City of Winter
Springs, Florida and Winter Springs High School; and
WHEREAS, School Board intends, as owner of the Property, to convey to Winter
Springs in conjunction with School Board's same right, the right to preserve and protect the
Stormwater Value of the Property in perpetuity, subject to School Board's reserved right, and
other duties and obligations which are specifically stated herein; and
WHEREAS, Winter Springs agrees by accepting this Grant to honor the intentions of
School Board stated herein and to preserve and protect in perpetuity the Storm water Value of the
Property for the benefit of this generation and the generations to come as a joint designated
storm water retention facility for the benefit of Winter Springs and School Board; and
WHEREAS, Winter Springs and School Board deem it necessary for the benefit of the
public health, safety and welfare to enter into this Interlocal Agreement.
NOW, THEREFORE, in consideration of the covenants and Agreement hereinafter set
forth, to be kept and performed by both parties, Winter Springs and School Board agree as
follows:
1. RECITALS. The foregoing recitals are true and correct and are incorporated
herein by reference as a material part of this Agreement.
2. DEFINITIONS. Unless the context in which the word is used clearly indicates
otherwise, the following words shall have the meaning hereafter ascribed:
2.1 "Agreement" or "Interlocal Agreement" shall mean this Interlocal
Agreement between Winter Springs and School Board.
2.2 "Property" shall mean the Property located at 130 Tuskawilla Road
which consists of approximately acres. A legal description of the Property IS
attached as Exhibit "A" and hereby incorporated herein by this reference.
2.3 "School Board" shall mean the School Board of Seminole County,
Florida.
2.4 "Stormwater Value" shall mean the recognition by Winter Springs and
School Board that the Property has significant and perpetual value as a stormwater retention
facility for the benefit of the public in the permitted capacity defined herein.
2.5 "Winter Springs" shall mean the City of Winter Springs, a Florida
municipal corporation and its officers and employees.
3. CONDITIONS PRECEDENT. All rights, obligations and liabilities of the
parties under this Agreement shall be subject to the satisfaction of the following conditions
precedent:
3.1 The complete execution of this Agreement by the parties.
2
3.2 The approval of this Agreement by the City Commission of Winter
Springs and the School Board of Seminole County.
3.3 This Agreement is filed with the Clerk of the Circuit Court in and for
Seminole County, Florida, pursuant to Section 163.01(11), Florida Statutes.
4. REPRESENTATIONS OF WINTER SPRINGS. Winter Springs makes the
following representations to School Board:
4.1 Winter Springs is duly organized and in good standing under the laws of the
State of Florida, and is duly qualified and authorized to carry on the governmental functions and
operations set forth in this Agreement.
4.2 Winter Springs has the power, authority and legal right to enter into and
perform the obligations set forth in this Agreement, and the execution, delivery and performance
hereof by Winter Springs, (i) has been duly authorized by the City Commission of Winter
.
Springs; (ii) does not constitute a default under, or result in the creation of any lien, charge,
encumbrance or security interest upon the assets of Winter Springs, except as otherwise
provided herein.
5. REPRESENTATIONS OF SCHOOL BOARD.
School Board makes the
following representations to Winter Springs:
5.1 School Board is duly organized and in good standing under the laws of the
State of Florida, and is duly authorized to carry on the governmental functions and operations set
forth in this Agreement.
5.2 School Board has the power, authority, and legal right to enter into and
perform the obligations set forth in this Agreement, and the execution, delivery and performance
hereof by School Board (i) has been duly authorized by the School Board of Seminole County;
(ii) does not constitute a default under, or result in the creation of any lien, charge, encumbrance
or security interest upon the assets of School Board, except as otherwise provided herein.
6. STATUTORY AUTHORITY. This Agreement shall be considered an
. Agreement pursuant to Section 163.01, Florida Statutes. A true and correct copy of this
3
Jnterlocal Agreement shall be filed with the Clerk of the Circuit Court in and for Seminole
County, Florida, by Winter Springs and Winter Springs shall provide School Board a recorded
copy of the Jnterlocal Agreement upon receipt from the Clerk of the Circuit Court.
7. TERM. This Agreement shall terminate only by mutual written Agreement
of Winter Springs and School Board.
8. TITLE TO PROPERTY. School Board represents and warrants that the School
Board IS fee simple owner of the Property and the Property is free and clear of any
encumbrances which may impede or prohibit the Property from being used for the purposes set
forth in this Agreement.
9. STORMW ATER PROJECT. Winter Springs shall design, permit, construct,
and maintain a modification of the existing stormwater pond located on the Property under the
following terms and conditions:
9.1 Existing Conditions: The parties acknowledge that the stormwater pond is
generally located at the southeast corner of the Winter Springs High School property and
currently provides treatment and attenuation volume for stormwater discharged from the high
school, Tuskawilla Road, and pre-developed areas adjacent to Tuskawilla Road. The original
stormwater permit for the pond was obtained from St. Johns River Water Management District
by the School Board.
9.2 Proiect Scope: Winter Springs will be constructing improvements to
Tuskawilla Road as part of the development of the Winter Springs Town Center. Winter Springs
desires, as part of the development of the Town Center and the improvements to Tuskawilla
Road, to discharge stromwater run off to the stormwater pond located on the Property. Said run
off shall be discharged from Tuskawilla Road and from adjacent real property located along
Tuskawilla Road and currently draining to the pond.. To accommodate Winter Springs' desire,
the stormwater pond located on the Property will be modified by Winter Springs as follows:
9.2.1. The size and footprint of the pond will not change. The original outfall
structure will remain in place.
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9.2.2. Winter Springs will raise the berm to the "original design elevations".
Some areas of the berm have settled and Winter Springs will make these repairs as part of the
project.
9.2.3. Winter Springs will revise the influent/effluent piping in the southeast
corner of the pond with larger pipes, which will provide a second off-site outfall structure on the
east side of Tuskawilla Road.
9.2.4. The pond will remain as an in-line pond for the School Board flows, but
will become an off-line pond for Tuskawilla Road flows.
9.2.5. Winter Springs will modify the size of the existing outfall weir. The
structure and piping will remain unchanged.
9.2.6. Winter Springs will modify the pond volume recovery system (the bleed-
down system).
9.3 Proiect Impact. It is the intent and purpose of the scope of this project to
cause the following impacts to the stormwater pond located on the Property:
9.3.1. The pond will accommodate a larger stormwater surface area to be served
which will allow Winter Springs to reconstruct/widen Tuskawilla Road and to also accommodate
storm water runoff from adjacent property improvements along Tuskawilla Road.
9.3.2. The pond volume will not change. However, the peak storage elevation
will increase which shall provide the School Board and Winter Springs with additional
stormwater capacity as described herein in Section 9.3.3.
9.3.3. The modifications will accommodate an increase in impervious area of
between 15,000 and 30,000 square feet within the athletic field basin (Basin "C"). The School
Board will be "permitted" for this increase. However, the School Board will have to provide a
specific site plan to the St. Johns River Water Management District to gain approval. If the
School Board or Winter Springs desire capacity in excess of that prescribed herein, the party
desiring the excess capacity shall be responsible for engineering, permitting, and constructing the
improvements necessary to provide the excess capacity of the pond.
5
9.3.4. The modifications will provide another outfall to the wetlands east of
Tuskawilla Road and allow for the re-hydration of these wetlands with minimal wetlands
disturbance.
9.4 Cost of Proiect. Winter Springs shall, at its sole cost and expense, design,
engineer, permit and construct the improvements to the stormwater pond as described in Section
9.2 above for the purpose of effectuating the impacts described in Section 9.3 above.
9.5 Permits. School Board agrees to execute, as the owner of the Property, any
permit application which is necessary to construct the stormwater improvements on the Property
including, but not limited to, if required, permits from the City of Winter Springs, St. Johns
River Water Management District, United States Army Corps of Engineers, and other
governmental authorities having jurisdiction over the improvements set forth in this Agreement.
All permit applications shall be paid for by Winter Springs and prepared for by Winter Springs in
cooperation with the School Board.
9.6 Maintenance. Upon completion of the improvements, Winter Springs shall, at
its expense, maintain the stormwater pond on the Property during the term of this Agreement.
Winter Springs' maintenance obligations shall include landscaping, structural repairs to the
stormwater facilities, and complying with any stormwater or other permit requirements,
obligations, and duties imposed by St. Johns River Water Management District and any other
governmental agency as a result of the construction, operation and maintenance of the
improvements required by this Agreement to expand the stormwater pond on the Property.
9.7 Stormwater Discharge. Winter Springs and the School Board shall have the
right to discharge stormwater volume to the Property as established by the storm water permit
granted by the St. Johns River Water Management District resulting from this Agreement.
10. STORMWATER EASEMENT. Upon the effective date of this Agreement:
10.1 Winter Springs and School Board recognize and acknowledge that the
Property possesses Stormwater Value of great importance to Winter Springs and School Board.
Winter Springs and School Board intend to use the Property to preserve and protect the
6
Stormwater Value of the Property in perpetuity, subject to the terms and conditions of this
Agreement. Inasmuch as the Property has Stormwater Value, Winter Springs and School Board
agree to use the Property for stormwater purposes and other governmental purposes consistent
with this Agreement and mutually agreed to by the parties in writing.
10.2 School Board hereby voluntarily grants and conveys to Winter Springs, its
successors and assigns, a stormwater utility easement in perpetuity over, under and across the
Property of the nature and character and the extent hereinafter set forth ("Easement").
10.3 It is the purpose of this Easement to assure that the Property will be retained
forever, except as herein provided, for stormwater retention and other government purposes
which are determined by the parties, and to prevent any use of the Property that will impair or
interfere with the Stormwater Value of the Property. To accomplish the purposes stated above,
the following rights are conveyed to Winter Springs by this Easement in conjunction with School
Board's similar rights as fee simple owner of the Property:
10.3.1 To use the Property to store, treat, filter, discharge, reuse, control, and
manage storm water runoff which is conveyed to the Property by Winter Springs and the School
Board under this Agreement;
10.3.2 To preserve and protect the Stormwater Value of the Property;
to.3.3 To prevent any activity on or use of the Property that is inconsistent with
the purpose of this Easement and this Agreement, and to require the restoration of areas or
features of the Property that may be damaged by any inconsistent activity or use;
10.3.4 To enter upon and inspect the Property, in a reasonable manner and at
reasonable times, to determine if School Board, and any employees, agents, and contractors of
School Board, are complying with the covenants and prohibitions contained in this Easement,
and any applicable permits, laws, and rules and regulations relating to the use of the Property for
purposes stated herein;
10.3.5 To use this Easement for ingress and egress to and from the Property;
10.3.6 To use this Easement for purposes of providing alternative water supply
7
utilities to Winter Springs's utility customers, including reclaimed water supply systems and
reuse systems;
10.3.7 To construct, inspect, replace, repair, maintain, remove, alter, rebuild,
Improve, install, make disconnection from and make connection to storm water, reuse, and
reclaimed water, lines, pipes, lateral, trees, joints, poles and appurtenances on the Property; and
10.3.8
To cut, trim, and keep clean such trees, brush, and undergrowth that
might hinder or prohibit the use of the Property for stormwater purposes and interfere with the
Stormwater Value of the Property.
11. NOTICES. All notices and correspondence shall be (i) hand delivered (with
signed acknowledgment of receipt or affidavit of delivery), (ii) delivered by registered or
certified mail, return receipt requested, or (iii) delivered by overnight carrier with signed
acknowledgment of receipt. All such notices and correspondence shall be sent to the respective
parties, with copies forWarded to their agents or attorneys, at the addresses set forth below or at
such other addresses as the parties hereto shall designate to each other in writing.
(a) if to Winter Springs:
City of Winter Springs
City Manager
1126 East S.R. 434
Winter Springs, FL 32708
Telephone: 407-327-5957
Facsimile: 407-327-6686'
(b) if to School Board: Seminole County School Board
Superintendent
400 East Lake Mary Boulevard
Sanford, FL 32773-7127
Telephone: 407-320-0000
Facsimile: 407-320-0281
Any'notice or demand so given, delivered or made by United States Mail, shall be deemed so
given, delivered or made three (3) days after the same is deposited in the United States mail,
registered or certified, return receipt requested, addressed as above provided, with postage
8
thereon prepaid. Any such notice, demand or document hand delivered or made by overnight
carrier shall be deemed to be given, delivered or made upon delivery (or attempted delivery, if
deliver is not accepted) of the same at the address where the same is to be given, delivered or
made.
12. TIME: GOOD FAITH COOPERATION. Time is of the essence of this
Agreement and every term and provision of this Agreement. School Board and Winter Springs
shall continue to cooperate in good faith with each other to effectuate the intent and purpose of
this Agreement.
13. SEVERABILITY. It is further understood and agreed that in the event any
provision of this Agreement shall be adjudged, decreed, held, or ruled to be invalid, such
provision or a portion thereof shall be deemed severable, and it shall not invalidate or impair the
Agreement as a whole or any other provision of the Agreement.
14.
NON-WAIVER.
I
No covenant, term, condition (or breach thereof), shall be
deemed waived, except by written consent of the party against whom the waiver is claimed. A
waiver of any covenant, term, or condition (or breach thereof), shall not be deemed to be a
waiver of any other covenant, term or condition (or breach thereof).
15.
CAPTIONS. Captions and headings in this Agreement are for
convenience only and shall not be relied upon in construing the meaning of this Agreement or
any of its provisions.
16.
CHOICE OF LAW: VENUE.
This Agreement has been made and entered
into in the State of Florida, County of Seminole, and the laws of such state shall govern the
validity and interpretation of this Agreement and the performance due hereunder. The parties
agree that venue shall be exclusively in Seminole County, Florida, for all state disputes or
actions which arise out of or are based upon this Agreement,. and in Orlando, Florida, for all
federal disputes or actions which arise out of or are based upon this Agreement.
17. INTEGRATION. The drafting, execution, and delivery of this Agreement by
the parties has been induced by no representations, statements, warranties, or agreements other
9
than those expressed herein. This Agreement embodies the entire understanding of the parties,
and there are no further or other agreements or understandings, written or oral, in effect between
the parties relating to the subject matter hereof unless expressly referred to herein. The parties
agree that they have both contributed equally to the _ drafting of this Agreement and this
Agreement shall not be construed more favorably against the other in the event of any conflict
with regards to the terms and conditions used herein. Reference herein to a whole paragraph
number or subsection number shall include all subsections thereto (Le. 9 includes 9.1, etc and 9.3
includes 9.3.1, etc.).
18. ATTORNEYS' FEES. In the event that any party brings suit to enforce any of
the provisions of this Agreement, each party agrees to bear its own costs and expenses of such
action including, but not limited to, reasonable attorneys' fees, whether at settlement, trial, post
judgment, or an appeal.
19. COUNTERPARTS. This Agreement may be executed in any number of
counterparts, each of which when so executed and delivered shall be considered an original
Agreement; but such counterparts shall together constitute but one and the same instrument.
20. INDEMNIFICATION. To the extent permitted by law, and without waiving
sovereign immunity, each party to this Agreement shall be responsible for any and all claims,
demands, suites, actions, damages, and causes of action related to or arising out of or in any way
connected with its own actions and omissions, and the actions and omissions of its personnel, in
performing its obligations pursuant to the terms and conditions of this Agreement.
21. SOVEREIGN IMMUNITY. Nothing contained in this Agreement shall be
construed as a waiver of Winter Springs's and School Board's right to sovereign immunity under
Section 768.28, Florida Statutes, or other limitations imposed on their potential liability under
state or federal law.
22. ASSIGNMENT PROHIBITED: THIRD PARTIES. Unless otherwise agreed
in writing by Winter Springs and School Board, this Agreement shall not be assigned in.whole or
in part. Nothing under this Agreement shall be construed to give any rights or benefits in this
10
Agreement to anyone other than Winter Springs and School Board, and all duties and
responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit
of Winter Springs and School Board and not for the benefit of any other party.
23. GENERAL LIABILITY AND OTHER INSURANCE. Winter Springs and
School Board shall each maintain in force, at all times during the term of this Agreement, a
general liability insurance policy with a single limit for bodily injury and Property damage of not
less than One Million Dollars ($1,000,000.00) and with each party being named as an additional
named insured on the other's insurance policy to cover any claims made resulting from this
Agreement and the use of the Property as contemplated hereunder. Proof of insurance shall be
delivered to each party.
24. RUN WITH LAND. This Agreement shall remain a charge against the Property.
Therefore, this Agreement shall "run with the land" and be automatically assigned by any deed
or other conveyance conveying a portion of the Property relating to this Agreement, even though
the conveyance makes no reference to this Agreement as such and even though the conveyance
may be to a person or entity not subject to Section 163.01, Florida Statutes; in which case, this
Agreement shall continue to run in favor of Winter Springs as a perpetual public stormwater
easement.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals
this day and year first above written.
Witnesses:
CITY OF WINTER SPRINGS, FLORIDA
Print Name:
By:
RONALD W. MCLEMORE
City Manager
Print Name:
11
STATE OF FLORIDA
COUNTY OF
SWORN to and SUBSCRIBED before me this _ day of
, who presented his/her
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF
, 2001 by
as identification.
Notary Public
SEMINOLE COUNTY SCHOOL BOARD
By:
PAUL J. HAGERTY
Superintendent
SWORN to and SUBSCRIBED before me this _ day of
, who presented his/her
, 2001 by
as identification.
Notary Public
My Commission Expires:
F:\DOCS\city ofWinler Springs\Agreements\lnlerlocal Agreement - Seminole School Brd - Stormwater Project & Easement.kj 6/7/01
12
EXHIBIT" A"
Legal Description of Storm water Property
13
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF WINTER SPRINGS AND
THE SCHOOL BOARD OF SEMINOLE COUNTY
STORMW A TER PROJECT AND EASEMENT
THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into this
_ day of
,2001, by and between the CITY OF WINTER SPRINGS, a
Florida municipal corporation (hereinafter "Winter Springs") and the SCHOOL BOARD OF
SEMINOLE COU~TY, (hereinafter "School Board").
WIT N E SSE T H:
WHEREAS, this Agreement is authorized pursuant to Section 163.01, Florida Statutes;
and
WHEREAS, in the spirit of intergovernmental cooperation and assistance, Winter
Springs and School Board desire to utilize an existing stormwater retention pond located on real
property owned by School Board and situated in the City of Winter Springs for the purpose of
operating and maintaining said pond for the collection, treatment and attenuation of existing and
new storm water discharge from additional impervious areas; and
WHEREAS, the Property possesses storm water retention value of great importance to
School Board and Winter Springs and primarily and foremost to the people of the City of Winter
Springs, Florida and Winter Springs High School; and
WHEREAS, School Board intends, as owner of the Property, to convey to Winter
Springs in conjunction with School Board's same right, the right to preserve and protect the
,
Stormwater Value of the Property in perpetuity, subject to School Board's reserved right, and
other duties and obligations which are specifically stated herein; and
WHEREAS, Winter Springs agrees by accepting this Grant to honor the intentions of
School Board stated herein and to preserve and protect in perpetuity the Stormwater Value of the
Property for the benefit of this generation and the generations to come as a joint designated
storm water retention facility for the benefit of Winter Springs and School Board; and
WHEREAS, Winter Springs and School Board deem it necessary for the benefit of the
public health, safety and welfare to enter into this Interlocal Agreement.
NOW, THEREFORE, in consideration of the covenants and Agreement hereinafter set
forth, to be kept and performed by both parties, Winter Springs and School Board agree as
follows:
1. RECITALS. The foregoing recitals are true and correct and are incorporated
herein by reference as a material part of this Agreement.
2. DEFINITIONS. Unless the context in which the word is used clearly indicates
otherwise, the following words shall have the meaning hereafter ascribed:
2.1 "Agreement" or "Interlocal Agreement" shall mean this Interlocal
Agreement between Winter Springs and School Board.
2.2 "Property" shall mean the Property located at 130 Tuskawilla Road
which consists of approximately acres. A legal description of the Property IS
attached as Exhibit "A" and hereby incorporated herein by this reference.
2.3 "School Board" shall mean the School Board of Seminole County,
Florida.
2.4 "Stormwater Value" shall mean the recognition by Winter Springs and
School Board that the Property has significant and perpetual value as a stormwater retention
facility for the benefit of the public in the permitted capacity defined herein.
2.5 "Winter Springs" shall mean the City of Winter Springs, a Florida
municipal corporation and its officers and employees.
3. CONDITIONS PRECEDENT. All rights, obligations and liabilities of the
parties under this Agreement shall be subject to the satisfaction of the following conditions
precedent:
3.1 The complete execution of this Agreement by the parties.
3.2 The approval of this Agreement by the City Commission of Winter
Springs and the School Board of Seminole County.
3.3 This Agreement is filed with the Clerk of the Circuit Court in and for
I
Seminole County, Florida, pursuant to Section 163.01(11), Florida Statutes.
4. REPRESENTATIONS OF WINTER SPRINGS. Winter Springs makes the
following representations to School Board:
4.1 Winter Springs is duly organized and in good standing under the laws of the
State of Florida, and is duly qualified and authorized to carry on the governmental functions and
operations set forth in this Agreement.
4.2 Winter Springs has the power, authority and legal right to enter into and
perform the obligations set forth in this Agreement, and the execution, delivery and performance
hereof by Winter Springs, (i) has been duly authorized by the City Commission of Winter
Springs; (ii) does not constitute a default under, or result in the creation of any lien, charge,
encumbrance or security interest upon the assets of Winter Springs, except as otherwise
provided herein.
5. REPRESENTATIONS OF SCHOOL BOARD.
School Board makes the
following representations to Winter Springs:
5.1 School Board is duly organized and in good standing under the laws of the
. State of Florida, and is duly authorized to carry on the governmental functions and operations set
forth in this Agreement.
5.2 School Board has the power, authority, and legal right to enter into and
perform the obligations set forth in this Agreement, and the execution, delivery and performance
hereof by School Board (i) has been duly authorized by the School Board of Seminole County;
(ii) does not constitute a default under, or result in the creation of any lien, charge, encumbrance
or security interest upon the assets of School Board, except as otherwise provided herein.
6. STATUTORY AUTHORITY. This Agreement shall be considered' an
Agreement pursuant to Section 163.01, Florida Statutes. A true and correct copy of this
Interlocal Agreement shall be filed with the Clerk of the Circuit Court in and for Seminole
County, Florida, by Winter Springs and Winter Springs shall provide School Board a recorded
copy of the Interlocal Agreement upon receipt from the Clerk of the Circuit Court.
7. TERM. This Agreement shall terminate only by mutual written Agreement
of Winter Springs and School Board.
8. TITLE TO PROPERTY. School Board represents and warrants that the School
Board IS fee simple owner of the Property and the Property is free and clear of any
encumbrances which may impede or prohibit the Property from being used for the purposes set
forth in this Agreement.
9. STORMWATER PROJECT. Winter Springs shall design, permit, construct,
and maintain a modification of the existing stormwater pond located on the Property under the
following terms and conditions:
9.1 Existing Conditions: The parties acknowledge that the stormwater pond is
generally located at the southeast comer of the Winter Springs High School property and
currently provides treatment and attenuation volume for storm water discharged from the high
school, Tuskawilla Road, and pre-developed areas adjacent to Tuskawilla Road. The original
stormwater permit for the pond was obtained from St. Johns River Water Management District
by the School Board.
9.2 ProiectScope: Winter Springs will be constructing improvements to
Tuskawilla Road as part of the development of the Winter Springs Town Center. Winter Springs
desires, as part of the development of the Town Center and the improvements to Tuskawilla
Road, to discharge strom water run off to the storm water pond located on the Property. Said run
off shall be discharged from Tuskawilla Road and from adjacent real property located along
Tuskawilla Road and currently draining to the pond.. To accommodate Winter Springs' desire,
the stormwater pond located on the Property will be modified by Winter Springs as follows: .
9.2.1. The size and footprint of the pond will not change. The original outfall
structure will remain in place.
9.2.2. Winter Springs will raise the berm to the "original design elevations".
Some areas of the berm have settled and Winter Springs will make these repairs as part of the
project.
9.2.3. Winter Springs will revise the influent/effluent piping in the southeast
comer of the pond with larger pipes, which will provide a second off-site outfall structure on the
east side of Tuskawilla Road.
9.2.4. The pond will remain as an in-line pond for the School Board flows, but
will become an off-line pond for Tuskawilla Road flows.
9.2.5. Winter Springs will modify the size of the existing outfall weir. The
structure and piping will remain unchanged.
9.2.6. Winter Springs will modify the pond volume recovery system (the bleed-
down system).
9.3 Proiect Impact. It is the intent and purpose of the scope of this project to
cause the following impacts to the stormwater pond located on the Property:
9.3.1. The pond will accommodate a larger stormwater surface area to be served
which will allow Winter Springs to reconstruct/widen Tuskawilla Road and to also accommodate
stormwater runoff from adjacent property improvements along Tuskawilla Road.
9.3.2. The pond volume will not change. However, the peak storage elevation
will increase which shall provide the School Board and Winter Springs with additional
stormwater capacity as described herein in Section 9.3.3.
9.3.3. The modifications will accommodate an increase in impervious area of
between 15,000 and 30,000 square feet within the athletic field basin (Basin "C"). The School
Board will be "permitted" for this increase. However, the School Board will have to provide a
specific site plan to the St. Johns River Water Management District to gain approval. If the
School Board or Winter Springs desire capacity in excess of that prescribed herein, the party
desiring the excess capacity shall be responsible for engineering, permitting, and constructing the
improvements necessary to provide the excess capacity of the pond.
9.3.4. The modifications will provide another outfall to the wetlands east of
Tuskawilla Road and allow for the re-hydration of these wetlands with minimal wetlands
disturbance.
9.4 Cost of Proiect. Winter Springs shall, at its sole cost and expense, design,
engineer, permit and construct the improvements to the stormwater pond as described in Section
9.2 above for the purpose of effectuating the impacts described in Section 9.3 above.
9.5 Permits. School Board agrees to execute, as the owner of the Property, any
permit application which is necessary to construct the stormwater improvements on the Property
including, but not limited to, if required, permits from the City of Winter Springs, St. Johns
River Water Management District, United States Army Corps _ of Engineers, and other
governmental authorities having jurisdiction over the improvements set forth in this Agreement.
All permit applications shall be paid for by Winter Springs and prepared for by Winter Springs in
cooperation with the School Board.
9.6 Maintenance. Upon completion of the improvements, Winter Springs shall, at
its expense, maintain the stormwater pond on the Property during the term of this Agreement.
Winter Springs' maintenance obligations shall include landscaping, structural repairs to the
stormwater facilities, and complying with any stormwater or other permit requirements,
obligations, and duties imposed by St. Johns River Water Management District and any other
governmental agency as a result of the construction, operation and maintenance of the
improvements required by this Agreement to expand the stormwater pond on the Property.
9.7 Stormwater Discharge. Winter Springs and the School Board shall have the
right to discharge stormwater volume to the Property as established by the stormwater permit
granted by the St. Johns River Water Management District resulting from this Agreement.
10. STORMWATER EASEMENT. Upon the effective date of this Agreement:
10.1 Winter Springs and School Board recognize and acknowledge that the
Property possesses Stormwater Value of great importance to Winter Springs and School Board.
Winter Springs and School Board intend to use the Property to preserve and protect the
Stormwater Value of the Property in perpetuity, subject to the terms and conditions of this
Agreement. Inasmuch as the Property has Stormwater Value, Winter Springs and School Board
agree to use the Property for storm water purposes and other governmental purposes consistent
with this Agreement and mutually agreed to by the parties in writing.
10.2 School Board hereby voluntarily grants and conveys to Winter Springs, its
successors and assigns, a stormwater utility easement in perpetuity over, under and across the
Property of the nature and character and the extent hereinafter set forth ("Easement").
10.3 It is the purpose of this Easement to assure that the Property will be retained
forever, except as herein provided, for stormwater retention and other government purposes
which are determined by the parties, and to prevent any use of the Property that will impair or
interfere with the Stormwater Value of the Property. To accomplish the purposes stated above,
the following rights are conveyed to Winter Springs by this Easement in conjunction with School
Board's similar rights as fee simple owner of the Property:
10.3.1 To use the Property to store, treat, filtec, discharge, reuse, control, and
manage stormwater runoff which is conveyed to the Property by Winter Springs and the School
Board under this.Agreement;
10.3.2 To preserve and protect the Stormwater Value of the Property;
10.3.3 To prevent any activity on or use of the Property that is inconsistent with
the purpose of this Easement and this Agreement, and to require the restoration of areas or
features of the Property that may be damaged by any inconsistent activity or use;
10.3.4 To enter upon and inspect the Property, in a reasonable manner and at
reasonable times, to determine if School Board, and any employees, agents, and contractors of
School Board, are complying with the covenants and prohibitions contained in this Easement,
and any applicable permits, laws, and rules and regulations relating to the use of the Property for
purposes stated herein;
10.3.5 To use this Easement for ingress and egress to and from the Property;
10.3.6 To use this Easement for purposes of providing alternative water supply
utilities to Winter Springs's utility customers, including reclaimed water supply systems and
reuse systems;
10.3.7 To construct, inspect, replace, repair, maintain, remove, alter, rebuild,
Improve, install, make disconnection from and make connection to stormwater, reuse, and
reclaimed water, lines, pipes, lateral, trees, joints, poles and appurtenances on the Property; and
10.3.8
To cut, trim, and keep clean such trees, brush, and undergrowth that
might hinder or prohibit the use of the Property for storm water purposes and interfere with the
Stormwater Value of the Property.
11. NOTICES. All notices and correspondence shall be (i) hand delivered (with
signed acknowledgment of receipt or affidavit of delivery), (ii) delivered by registered or
certified mail, return receipt requested, or (iii) delivered by overnight carrier with signed
acknowledgment of receipt. All such notices and correspondence shall be sent to the respective
parties, with copies forwarded to their agents or attorneys, at the addresses set forth below or at
such other addresses as the parties hereto shall designate to each other in writing.
(a) if to Winter Springs:
City of Winter Springs
City Manager
1126 East S.R. 434
Winter Springs, FL 32708
Telephone: 407-327-5957
Facsimile: 407-327-6686
(b) if to School Board: Seminole County School Board
Superintendent
400 East Lake Mary Boulevard
Sanford, FL 32773-7127
Telephone: 407-320-0000
Facsimile: 407-320-0281
Any notice or demand so given, delivered or made by United States Mail, shall be deemed so
given, delivered or made three (3) days after the same is deposited in the United States mail,
registered or certified, return receipt requested, addressed as above provided, with postage
II
thereon prepaid. Any such notice, demand or document hand delivered or made by overnight
carrier shall be deemed to be given, delivered or made upon delivery (or attempted delivery, if
deliver is not accepted) of the same at the address where the same is to be given, delivered or
made.
12. TIME; GOOD FAITH COOPERATION. Time is of the essence of this
Agreement and every term and provision of this Agreement. School Board and Winter Springs
shall continue to cooperate in good faith with each other to effectuate the intent and purpose of
this Agreement.
13. SEVERABILITY. It is further understood and agreed that in the event any
provision of this Agreement shall be adjudged, decreed, held, or ruled to be invalid, such
provision or a portion thereof shall be deemed severable, and it shall not invalidate or impair the
. Agreement as a whole or any other provision of the Agreement.
14. NON-WAIVER. No covenant, term, condition (or breach thereof), shall be
deemed waived, except by written consent of the party against whom the waiver is claimed. A
waiver of any covenant, term, or condition (or breach thereof), shall not be deemed to be a
waiver of any other covenant, term or condition (or breach thereof).
15. CAPTIONS. Captions and headings in this Agreement are for
convenience only and shall not be relied upon in construing the meaning of this Agreement or
any of its provisions.
16. CHOICE OF LAW; VENUE. This Agreement has been made and entered
into in the State of Florida, County of Seminole, and the laws of such state shall govern the
validity and interpretation of this Agreement and the performance due hereunder. The parties
agree that venue shall be exclusively in Seminole County, Florida, for all state disputes or
actions which arise out of or are based upon this Agreement,. and in Orlando, Florida, for all
federal disputes or actions which arise out of or are based upon this Agreement.
17. INTEGRATION. The drafting, execution, and delivery of this Agreement by
the parties has been induced by no representations, statements, warranties, or agreements other
9
than those expressed herein. This Agreement embodies the entire understanding of the parties,
and there are no further or other agreements or understandings, written or oral, in effect between
/ the parties relating to the subject matter hereof unless expressly referred to herein. The parties
agree that they have both contributed equally to the drafting of this Agreement and this
Agreement shall not be construed more favorably against the other in the event of any conflict
with regards to the terms and conditions used herein. Reference herein to a whole paragraph
number or subsection number shall include all subsections thereto (i.e. 9 includes 9.1, etc and 9.3
includes 9.3.1, etc.).
18. ATTORNEYS' FEES. In the event that any party brings suit to enforce any of
the provisions of this Agreement, each party agrees to bear its own costs and expenses of such
action including, but not limited to, reasonable attorneys' fees, whether at settlement, trial, post
judgment, or an appeal.
19. COUNTERP ARTS. This Agreement may be executed in any number of
counterparts, each of which when so executed and delivered shall be considered an original
Agreement; but such counterparts shall together constitute but one and the same instrument.
20. INDEMNIFICATION. To the extent permitted by law, and without waiving
sovereign immunity, each party to this Agreement shall be responsible for any and all claims,
demands, suites, actions, damages, and causes of action related to or arising out of or in any way
. connected with its own actions and omissions, and the actions and omissions of its personnel, in
performing its obligations pursuant to the terms and conditions of this Agreement.
21. SOVEREIGN IMMUNITY. Nothing contained in this Agreement shall be
construed as a waiver of Winter Springs's and School Board's right to sovereign immunity under
Section 768.28, Florida Statutes, or other limitations imposed on their potential liability under
state or federal law.
22. ASSIGNMENT PROHIBITED; THIRD PARTIES. Unless otherwise agreed
in writing by Winter Springs and School Board, this Agreement shall not be assigned in whole or
in part. Nothing under this Agreement shall be construed to give any rights or benefits in this
Agreement to anyone other than Winter Springs and School Board, and all duties and
responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit
of Winter Springs and School Board and not for the benefit of any other party.
23. GENERAL LIABILITY AND OTHER INSURANCE. Winter Springs and
School Board shall each maintain in force, at all times during the term of this Agreement, a
general liability insurance policy with a single limit for bodily injury and Property damage of not
less than One Million Dollars ($1,000,000.00) and with each party being named as an additional
named insured on the other's insurance policy to cover any claims made resulting from this
Agreement and the use of the Property as contemplated hereunder. Proof of insurance shall be
delivered to each party.
24. RUN WITH LAND. This Agreement shall remain a charge against the Property.
Therefore, this Agreement shall "run with the land" and be automatically assigned by any deed
or other conveyance conveying a portion of the Property relating to this' Agreement, even though
the conveyance makes no reference to this Agreement as such and even though the conveyance
may be to a person or entity not subject to Section 163.01, Florida Statutes; in which case, this
Agreement shall continue to run in favor of Winter Springs as a perpetual public stormwater
easement.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals
this day and year first above written.
CITY OF WINTERS!;.~N~S:, F)LORlDA
. \
By: ~ AAtJ.~ ~__
~ l'f1CLEMORE
City Manag~. .... \ .
Witnesses:
~~~
I"; 0
11
STATE OF FLORIDA
COUNTY OF 5::--f-{(N()l--J.-~
i\__ SWORN, to and SYBSCRIBED before me this I ~-tL- day of
~'b w. He.. U2t-'\~ , who presented hislher "
J~ r
',L
Notary Public,.....,.---
:J:r-J- , 2001 by
as identification.
ANDREA _ a-WACES
MY COM~I~SION'tl' CC 831931,
EXPIAES:.U~ 11.:2003 .
HlOO.3-NOTAAY Fla. Not"'" SeMOlI /I lk>nCMng CO,
'"
Witnesses:
SEMINOLE COUNTY SCHOOL BOARD
Print Name:
By:
PAUL J. HAGERTY
Superintendent
Print Name:
STATE OF FLORIDA
COUNTY OF
SWORN to and SUBSCRIBED before me this _ day of
, who presented hislher
, 2001 by
as identification.
Notary Public
My Commission Expires:
F:\DOCS\City of Winter Springs\Agreements\Interlocal Agreement. Seminole School Brd . Stonnwater Project & Easementkj 6/7/0 I
''''
EXHIBIT "A"
Legal Description of Stormwater Property
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Ronald W. McLemore
City Manager
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
May 31, 2001
Seminole County Schools
Facilities Planning Department
400 E. Lake Mary Boulevard
Sanford, Florida 32773-7127
ATTENTION:
Dianne Kramer, Executive Director
REFERENCE:
Town Center Storrnwater
Dear Dianne:
Please fInd attached a description of the retention pond improvement project we are requesting the School
Board to participate in with the City. The City will pay for all improvements. The improvements will not
compromise the school drainage system. It will, however, result in a small increase in retention volume
available to the school while bringing the retention pond to its original design 'specifIcations,
In order to facilitate, the project, it will be necessary for a representative of the school board to execute an
application for a permit modifIcation to the existing St. Johns River Water Management District permit
controlling the pond: The City will prepare the application and pay all related fees.
Additionally, the City will agree to maintain the retention pond provided the School Board provides a
drainage easement over the retention area to the City. The City will prepare the easement for execution by
the School Board.
Thank you again for your participation in this project. If have any questions or comments please contact
me at your converuence.
Sincerely,
-- ;' "!;'ifc:.. ".
..' ., ".: ",/.. " ".
_ ; rt) l{.t't,.. I -j G/~
Ronald W. McLemore
City Manager
~/
cc: Kipton Lockcuff, P.E., Public Works/Utility Director
Terry Zaudtke, P.E., CPH Engineers
i\ttachmcnt
PROJECT DESCRIPTION
WINTER SPRINGS HIGH SCHOOL POND PROJECT
Existing Condition: The pond at the southeast corner of the Winter Springs High School site currendy
provides treatment and attenuation volume for the School Board site, Tuskawilla Road, and pre-developed
areas adjacent to Tuskawilla Road. The original St. Johns River Water Management District permit for the
construction of the high school pond was obtained by the School Board and any subsequent modifi'.=ations
to the pond require School Board approval.
Proposal: The City of Winter Springs is designing improvements to Tuskawilla Road as part of the
Winter Springs Town Center. The City also desires to include stormwater runoff from proposed
development changes along the Tuskawilla Road corridor. To accommodate the changed drainage
conditions, modifications are required to the existing pond. The following key points should be noted:
1. The size and footprint of the pond will not change. The original outfall structure will not be
changed.
2. We will raise the berm to the "original design elevations". Some areas of the berm have setded and
need to be repaired. The City will make these repairs as part of the project.
3. We will revise the influent/effluent piping in the southeast corner of the pond with larger pipes.
This provides a second off-site outfall structure on d1e east side of Tuskawilla Road.
4. The pond will remain as an in-line pond for the School Board flows, but will become an off-line
pond for Tuskawilla Road flows.
5. We will mo~fy the size of the existing outfall weir. The structure and piping will remain unchanged.
6. We will modify the pond volume recovery system (the bleed-down system).
Impacts:
There are several impacts that will result from the design changes. They are as follows:
1. The pond will accommodate a larger stormwater surface area to be served. This allows the City to
reconstruct/widen Tuskawilla Road and to also accommodate stormwater runoff from adjacent
property improvements on the west side of Tuskawilla Road.
2. The pond volume does not change. However, the peak storage elevation goes up slighdy.
3. The modifications will accommodate an increase in impervious area of between 15,000 and 30,000
square feet within the athletic field basin (Basin "C"). The School Board would be "permitted" for
this increase and would only have to provide a specific site plan to SJRWMD to gain approval. A
permit modification would not be required based on current regulations.
4. The modifications provide another outfall to the wetlands east of Tuskawilla Road and allow for the
rehydration of these wetlands with minimal wetlands disturbance.
5/31/01
.."...
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
Ronald W. McLemore
City Manager
May 17,2001
Diane L. Kramer
Executive Director of Facilities
The School Board of Seminole County
400 East Lake Mary Boulevard
Sanford, FL 32773
Dear Diane:
In response to your concerns regarding school traffic on the Town Center portion of
Tuskawilla Road I requested Traffic Engineering Consultant Turgut Dervish and Town Center
Designer Victor Dover to address your concerns. Their reports are attached.
In summary, their opinions indicate that the Town Center will have little effect on road
capacity. It appears a positive safety enhancement will occur as a result of traffic being slowed
by the angular parking arrangement. I can personally attest to the speeding on Tuskawilla
Road between the school and the traffic signal located at S.R. 434. I concur with Victor Dover
that the traffic calming effect on cars resulting from the angular parking is a good result for
everyone.
I hope this information is helpful to you.
As you know time is of the essence regarding the initiation of construction of Phase I of the
Town Center.
Relatedly, please let me know what we need to do relative to our request for utilization of the
retention pond next to the baseball field for a portion of the storm water that will corne from the
Town Center.
Sincerely,
!?~~11tc~~
Ronald W. McLem~e
City Manager
/jp
cc: Mayor and Commission
Community Development Director
Public WorksfUtility Director I
Attachment
\\CITYHALL_PDC\lP ALLADINO\Oocs\ Word\Lctlcrs\MayO I \Diane Kramcr Town Center Angular Parking Issue.doc
DOVER, KOHL & PARTI\JERS
tow n
planning
May 2, 2001
Ron McLemore, City Manager
City of Winter Springs
1126 East S.R. 434
Winter Springs, FL 32708
RE: Parking on Tuskawilla Rd (response to questions raised by Seminole Co. Schools)
Dear Ron:
1. On-street parking is an integral part of the concept of the Tuskawilla Road
Main Street.
2. On-street parking will serve many purposes. Among them: to provide a parking
supply for Main Street customers; to create a safe and comfortable pedestrian
environment; and to have a beneficial traffic calming effect. The beneficiaries of
this design will include the many members of the school population, whom we
count among the future customer base of the town center.
3. On-street parking will not have any unacceptable negative impact on traffic flow
or safety. It will certainly calm traffic, meaning that motorists will proceed more
slowly and safely, especially at peak times when students, faculty and staff are
traveling to and from campus. The overall effect will be beneficial, not harmful.
Motorists must be more alert on a Main Street than on a country road or a
suburban highway. Parking helps create this alertness. Yes, the movement of
motorists through the segment of roadway will be slowed down as other motorists
enter and leave parking spaces. This is a good thing!
4. I strongly suspect that the traffic signal at State Road 434 and Tuskawilla Road
has and will continue to have such a greater impact on queuing and flow that the
effect of on-street parking on motorists will be negligible, if noticed at all.
5. On-street parking on Tuskawilla Road will not compromise student/faculty/staff
safety, but it is essential to Main Street success. A huge and growing body of
traffic engineering literature supports the interpretation that on-street parking will
enhance safety and economic viability. I am sure your contact at the school
5879 Sunset Drive, Suite I . South Miami, FL 33143 · Tel: (305) 666-0446 · Fax: (05) 666-0360
Letter to Ron McLemore, 08 May 200 I, Page 2 of 2
system has access to a full library of transportation planning literature on the
subject, but for examples, I recommend:
Understanding the Importance of On-Street Parking as Opposed to the
Creation of a Center Tum Lane in Small Downtowns, Small Town 29, by
Stephen J. Jamroz, 1999
Traffic Calming: The State of the Practice by Reid Ewing, Institute of
Transportation Engineers, 1999 (available from American Planning
Association website, www.planning.org)
Street Typology and Injury Accident Frequency, David Swift, PE, 1998
Street Reclaiming by David Engwicht, 1999
Creating Livable Streets by Burton, et ai, 1997
This passage from Parking and Pedestrians: Balancing Two Key Elements in
Downtown Development (Transportation Quarterly article by Kent Robertson,
Spring 2001) captures the matter:
"... On-street parking should not be overlooked. Not only is it highly
preferred by motorists and important to downtown merchants, especially
in smaller cities, but it provides benefits to pedestrians as well. The parked
vehicles serve as a buffer between moving traffic and pedestrians, thereby
enhancing a person's sense of security. Moreover, most people drive at
slower speeds since the parked cars reduce their field of vision. Where on-
street parking has been removed to add turning and traffic lanes,
pedestrians generally feel less secure because traffic is much closer and
moving at faster speeds and the number of lanes to be crossed has
increased."
6. The concept of Tuskawilla Road as a main street in a town center and all the
details that come with it-- including on-street parking-- were conceived,
extensively reviewed, and refined in a gargantuan public process that lasted many
months. To my knowledge the Seminole County School Board did not raise any
objections at that time.
Please let me know if I can be of further help on this important issue.
Wiilt@ ~
Victor Dover AICP, CNU
Principal-in-charge
Dover, Kohl & Partners
Traffic Planning and Design, Inc.~-
535 Versailles Drive, Suite 200 · Maitland, FL32751-7305
(407) 628-9955 · FAX (407) 628-8850 · E-mail: tpdtraffic@aol.com
MEMORANDUM
To:
Ron McLemore, City Manager
~
Turgut Dervish, P.E.
From:
Date:
May 10, 2001
Re:
Winter Springs Town Center Main Street
TPD NQ 1963.1
As you requested, we have c.onducted a review of existing traffic conditions and proposed on-street
parking for Tuskawilla Road, the future Main Street of the proposed Winter Springs town center.
North of SR 434 and within the town center area, Tuskawilla Road is a two-lane roadway with a
daily traffic volume of approximately 4,400 vehicles and a posted speed limit of 25 mph. It also
provides secondary access to the Winter Springs High School.
It is proposed that Tuskawilla Road north of SR 434 (or Main Street) accommodate on-street angle
parking as a part of the town center development. The value of ample, convenient parking in a
town center (or downtown) is indisputable. However, on-street angle parking should be considered
when:
· The street carries local traffic and operating speeds are 15 to 20 mph.
· The street is not a major through route.
· The street has sufficient width (50-60 feet) to accommodate parking maneuvers.
· The street is geared toward pedestrians with high building density and intense retail
activity .
The proposed town center has been planned and a district code established to meet above
conditions.
An investigation into the School Board's concerns about the impact of the proposed improvements
on school traffic was made. A review of hourly traffic counts made in February 2001 (copy
attached) revealed that the high school has two very distinct peak periods, one occurs from 7:45
to 8: 15 A.M. and the other occurs between 3: 15 to 3:45 P.M. Within these peak periods, the high
school experiences peak activity for fifteen minutes at the beginning and end of the school day
(8:00 A.M. and 3: 15 P.M.).
Interestingly, the high school's peak traffic activity as documented herein occurs during time
periods when retail traffic activity would be at its minimum levels. Therefore, school traffic will
not be significantly hindered by commercial activity and parking on Main Street. Additionally,
a number of improvements are proposed and will be constructed in conjunction with the Winter
Springs town center development. These include:
· The Tuskawilla approach to SR 434 will be widened to provide separate right and
left turn lanes. This will necessitate signal modification improvements at the
intersection.
· The so-called Spine Road, a new road connecting to SR 434 to the west bf
Tuskawilla Road, will provide on alternative travel route especially for the high
school.
· The proposed Hickory Grove Park Boulevard, a perimeter road around the town
center core area, will connect Tuskawilla Road to SR 434 on the west side
providing a second alternative route to Main Street.
These improvements will enhance the accessibility of the town center, provide alternative travel
routes for any through traffic including high school traffic and promote the development of Main
Street as a low speed vehicular/pedestrian corridor. School traffic not choosing to utilize the
alternative routes to be provided will travel at low speeds along Main Street and utilize the
improved intersection at SR 434.
In conclusion, it is my opinion that the alternative routing that will be made available coupled with
the fact that the school peak traffic occurs during low traffic periods will result in no appreciable
impact on traffic flows on Main Street. Furthermore, the proposed redesign of Main street for
slower, safer driving conditions will have the advantage of slowing traffic and creating a safer
environment.
Attachment
cc: Kip Lockcuff
:' ::';~7
V olume Count Report
Generated by MSC3000 Version 2.0]
Copyright ]990-]992 Mitron Systems Corporution
Location......... .
Location Code. ....
County ............
Recorder Set " ....
Recording Start ...
Recording End .....
Sample Time .......
Operator Number ...
Machine Number ....
Channel. ..........
Divide By.........
Summation .........
Two-Way. ...... ....
TUSKAWILLA SR434 TO NORTH
29
SEMINOLE
02/15/01 14:00
02/15/ 1 15:00
02/16/ 1 15:00
15 Minutes
1
25
1
2
No
No
Thursday 02/15/ 1 Channel: 1
1600170018001900200021002200230024000]000200~3000400050006000700080009001000 1100 1200 1300 1400 1500futals
291 337 228 393 192 209 61 17 8 1 3 3 0 5 15 397 694 192 211 192 236 131 179 514 4509
86 71 67 113 47 79 25 11 0 0 2 0 0 0 0 8 475 45 51 36 50 39 43 69
69 81 81 73 39 19 10 4 7 0 0 1 0 1 2 22 137 45 33 40 54 39 56 225
73 68 48 97 21 20 9 0 0 0 1 0 0 2 2 73 47 48 81 62 49 32 44 131
63 117 32 110 85 91 17 2 1 1 0 2 0 2 11 294 35 54 46 54 83 21 36 89
AM Peak Hour .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 06:30 to 07:30 (979 vehicles)
AM Peak Hour Factor .. .. .. .. .. .. .. .. .. .. .. .. .. 51.5%
PM Peak Hour .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 14:15 to 15:15 (531 vehicles)
PM Peak Hour Factor .. .. .. .. .. .. .. .. .. .. .. .. .. 1. 0%
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
OFFICE OF THE MA VOR
May 7, 2001
Diane Kramer
Director of Facilities Planning Department
Seminole County Public Schools
400 E. Lake Mary Blvd.
Sanford, FL 32773
Dear Diane:
It was a pleasure meeting with you today. I thought the meeting was productive, sharing
each other's information and concerns. Several things came out of the meeting that I
wish to reconfirm with you so that you would feel comfortable with the development of
our New Town Center:
1. We recognize your concerns about traffic flow through the Town Center (Tuskawilla
Road) for everyone (students, parents, busses, shoppers, owners) and its potential
impact on the Town Center.
2. We have taken all these considerations into our overall planning. The Town Center
proposed street map that we looked at showed at least eight intersections versus the
current two. Included in this street/transportation plan is the incorporation of the
recent acquisition of the Blumberg parcel to open a street on the west side of
Tuskawilla in the near future.
3. You have Kip Lockuff's traffic study that showed how traffic flowed from the school
at the intersection of Tuskawilla and Rt. 434. A significant amount now goes east on
Rt. 434. Going east from this current intersection, we have three intersections
planned. We expect the bulk of the traffic to go through the Town Center area to the
school by way of the perimeter roads on the east and west portions of the Town
Center district. There should be significantly less traffic that would go down the
Main St.(currently Tuskawilla Rd.).
4. As discussed, you will receive a copy of the proposed street map'of the Town Center
and the color schematic that shows the western portion of the town center with the
Parker property future park area and potential road realignments. For further
understanding, call either Kip or Charles.
-----~., -~...,"
5. You will also be on the distribution list for any new planning information that would
impact the Town Center and the High School.
6. The city will take full responsibility for any public relations issues that will be needed
to inform the public concerning any future inconveniences during construction
periods or after project completion.
7. Feel free to contact Kip Lockuff on any traffic questions or issues that may come up.
He has been informed that you would call him.
8. Feel free to contact Charles Carrington, Ron McLemore or myself directly on any
questions or issues that may come up.
9. We will take a positive proactive approach with you on anything that may come up
during the planning and development of the Town Center project that would affect
the High School.
10. Let me make it clear again. We are extremely proud of Winter Springs High School
and its positive impact on our city's growth and development. We are not interested
in jeopardizing that reputation with a poorly designed transportation and traffic plan.
We wish to work together with the school board to develop this Town Center for the
mutual benefit of all parties concerned. That is why, for us, to reach the best
development conclusion, we need your help to work on the storm water issue that is
before us. We ask you for your support to handle this to a satisfactory solution for our
mutual benefit. What do we need to do next? Let us know as soon as you can.
Again, it was great to visit with you.
Rega~~
Paul P. Partyka
Mayor
CC City Commissioners
Ron McLemore - City Manager
Kip Lockuff - Public Works/Utility Director
Charles Carrington - Community Development Director