HomeMy WebLinkAboutMeritage Homes Of Florida, Inc. Winter Springs Village Development Agreement - 2011 06 01i
jpr BROWN, GARGANESE, WEISS & D'AGRESTA, P.A.
Attotrtys at Lary
111 N. Orange Ave., Suite 2000
P.O. Box 2873
Orlando, Florida 32802 -2873
Phone (407) 425 -9566
Fax (407) 425 -9596
Andrea Lorenzo - Luaces, City Clerk
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708
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OFFICE VV hi ER SPRINGS
E CITY CLERK
October 21, 2011
Re: Winter Springs Village Agreement
Dear Andrea:
Anthony A. Garganese
Board Certified City, County & Local
Government Law
agarganese@odandolaw.net
Enclosed for safekeeping is the original recorded Development Agreement between
the City and Meritage Homes.
Si
el
,
Anthony A. Garganese
City Attorney
Ft. Lauderdale (954) 670 -1979 • Kissimmee (321) 402 -0144 • Cocoa (866) 425 -9566
Website: www.orlandolaw.net • Email: firm@orlandolaw.net FOR
Prepared by and return to:
Anthony A. Garganese, City Attorney
Brown, Garganese, Weiss & D'Agresta, P.A.
111 N. Orange Avenue, Suite 2000
Orlando, Florida 32802 -2873
(407) 425 -9566 Po 60 a8''7 5
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REMIMB FEES 205.50
RECORM BY T Smith
WINTER SPRINGS VILLAGE
DEVELOPER'S AGREEMENT
THIS DEVELOPER'S AGREEMENT ( "Agreement ") is made and entered into this 1 st
day of June, 2011, by and between MERITAGE HOMES OF FLORIDA, INC., a Florida
corporation ( "OWNER ") and the CITY OF WINTER SPRINGS, a municipal corporation
existing under the laws of the State of Florida ( "CITY ").
RECITALS
A. WHEREAS, the CITY has completed a comprehensive planning study in
connection with the requirements of Chapter 163, Florida Statutes, resulting in the adoption of
the Winter Springs Town Center Plan ( "Town Center Plan"); and
B. WHEREAS, OWNER is the owner of certain real property located within the
boundaries of Winter Springs Town Center (the "Town Center ") on which it intends to develop a
residential community and related amenities, which real property is more particularly described
on Exhibit "A" attached hereto and by reference incorporated herein (the "Property); and
C. WHEREAS, the Property is subject to the terms of that certain Agreement dated
June 26, 2000 by and between the CITY and prior owners of the Property (the "Original
Agreement "); and
D. WHEREAS, the CITY and OWNER desire to substitute the Original Agreement
with this Agreement for the future development of the Property pursuant to the CITY's Town
Center Plan and Code; and
E. WHEREAS, OWNER and the CITY intend, for the terms of this Agreement, to
memorialize their understanding and agreement regarding their respective interest, expectations,
and intentions regarding the development of the Property within the Town Center and:
NOW THEREFORE, in consideration of the terms and conditions set forth in this
agreement, and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the CITY and OWNER agree as follows:
1. INCORPORATION OF RECITALS. The foregoing recitals are true and
correct and are fully incorporated herein by reference as a material part of this Agreement.
2. APPROVAL OF FINAL ENGINEERING PLANS. Subject to the terms and
conditions of this Agreement, OWNER shall permit and construct the residential development
on the Property that is set forth in the final engineering/subdivision plans that were
conditionally approved by the City Commission on March 28, 2011, and as may be amended
from time to time by OWNER and the CITY. ( "Final Engineering Plans "). A copy of the
Final Engineering Plans shall be maintained on file at City Hall.
3. FINAL AND FUTURE PLAT APPROVALS. The CITY and OWNER
acknowledge and agree that the final plat for the Property presented to the City Commission on
March 28, 2011 was approved in accordance with the City code. Within fourteen (14) days of
the Effective Date of this Agreement, the CITY and OWNER shall cooperate to record the
approved final plat in the Official Public Records of Seminole County as a condition precedent
to OWNER exercising any rights under this Agreement. OWNER and CITY acknowledge and
agree that subsequent to the filing of the final plat, OWNER shall be required to replat the
Property for purposes of developing the residential units depicted on the Final Engineering
Plans. However, the replatting shall not terminate or otherwise negatively affect the public
dedications already set forth in the final plat and also required by the Final Engineering Plans
particularly with respect to any public easements, parks, streets, Michael Blake Boulevard
( "MBB ") and Wetlands Park. The replatting of the Property may occur in phases depending
on the development schedule established by the OWNER for the residential units.
(a) Pursuant to Section 9 -76 of the City Code, OWNER will deliver to the CITY an
original irrevocable Letter of Credit ( "MBB Infrastructure LOC ") in a dollar amount
reasonably determined by the City, based on an estimate of a duly qualified engineer, to be
financially sufficient to cover the cost of completion of the MBB infrastructure required to be
constructed under the Final Engineering Plans, including, but not limited to streets, drainage
facilities, sidewalks, water and sewer facilities and landscaping. The purpose of the MBB
Infrastructure LOC shall be to ensure that OWNER completes the construction and installation
of the MBB infrastructure in accordance with the requirements of this Agreement. The MBB
Infrastructure LOC shall be delivered no later than the date of the recording of the final plat. In
addition, the MBB Infrastructure LOC shall be maintained in good standing for the benefit of
the CITY until the MBB infrastructure is accepted by the CITY. Upon acceptance of the MBB
infrastructure by the CITY, the CITY shall promptly return the MBB Infrastructure LOC to
OWNER.
(b) In connection with each re -plat of a portion of the Property, and pursuant to
Section 9 -76 of the City Code, OWNER will deliver to the CITY an original irrevocable letter
of Credit ( "Infrastructure LOC ") in a dollar amount sufficient to cover the cost of completion
of the public infrastructure required to be constructed in connection with such re -plat,
including roadways, drainage facilities, sidewalks, water and sewer facilities and landscaping.
The purpose of the Infrastructure LOC shall be to ensure that OWNER completes the
construction and installation of the public infrastructure associated with such re -plat in
accordance with the requirements of this Agreement. The Infrastructure LOC shall be delivered
no later than the date of the recording of the applicable re- plat. In addition, the Infrastructure
LOC shall be maintained in good standing for the benefit of the CITY until the public
infrastructure is accepted by the CITY. Upon acceptance of the applicable public
infrastructure by the CITY, the CITY shall promptly return the Infrastructure LOC to
OWNER.
(c) At such time the CITY accepts the public infrastructure associated with each
re -plat of a portion of the Property and pursuant to Section 9 -76 of the City Code, OWNER
will deliver to the CITY an original irrevocable Letter of Credit ( "Maintenance LOC ") in a
dollar amount reasonably determined by the CITY, based on an estimate of a duly qualified
engineer to be financially sufficient to cover the cost of maintenance of required and installed
public improvements for two (2) years after the date of the completion and acceptance by the
CITY. In addition, the Maintenance LOC shall be maintained in good standing for the benefit
of the CITY until it is released by the CITY promptly at such time the two year period expires.
(d) At such time OWNER provides the MBB Infrastructure LOC required by
subparagraph (a) above, OWNER will deliver an additional original Irrevocable Letter of
Credit ( "Restoration LOC ") in the amount of One Hundred Forty Thousand and No /100
Dollars ($140,000.00) for the restoration of the Property in the event OWNER abandons or
discontinues the Project and City determines that unsafe conditions exist or are created on the
Property due to said discontinuance or abandonment; provided, however, in the event the
$115,000.00 letter of credit and $25,000.00 cash escrow OWNER deposited with the CITY in
connection with OWNER'S Early Work Permit (the "Early Work Permit LOC ") is on deposit
with the CITY at the time OWNER is required to deliver the Resotration LOC, the Early Work
permit LOC and $25,000.00 cash escrow may serve as the Restoration LOC for all purposes
under this Agreement if the City Attorney determines that the terms and conditions of the
Restoration LOC are legally sufficient to cover OWNER'S obligations under this
subparagraph. For the purposes of this subparagraph and the Restoration LOC, the term
restoration shall include, but not be limited to, reducing the height of stockpiles to a maximum
of ten (10) feet above the existing ground elevation at the toe of slope of the stock pile,
regrading all or portions of the Property in order to mulch and grass and maintain disturbed
areas, installing and maintaining fences around disturbed areas fencing and screening areas
deemed dangerous to the public, repairing damage to public infrastructure, regrading
temporary access areas, boarding incomplete and open buildings, implementing a supplemental
planting plan in order to minimize direct view of disturbed portions of the Property as observed
from Tuskawilla Road and the St. Johns Landing subdivision, and other actions reasonably
deemed necessary by the CITY to protect the public health, safety, and welfare of the public
from the abandonment of the Project. At the time OWNER provides an Infrastructure LOC in
connection with the re -plat of any portion of the Property, OWNER may reduce the amount of
the Restoration LOC proportionately with the amount of the Property included in the re -plat.
For example if the first re -plat includes 50% of the Property, then upon posting of the required
Infrastructure LOC, the Restoration LOC may be reduced by 50 %. The Restoration LOC shall
be maintained in good standing for the benefit of the City until it is released by the City
promptly at the earlier of such time the Infrastructure LOC is provided for the final re -plat of
the Property, or the restoration work is completed .
(e) All LOC's required by this paragraph shall be issued by Wachovia bank, the
same bank that issued the Early Work Permit LOC, or some other nationally recognized bank
qualified to do business in the State of Florida that is deemed acceptable to the City. The City
of Winter Springs shall be the named beneficiary under each of the LOC's and the LOC's shall
be in a form acceptable to the City Attorney.
4. MICHAEL BLAKE BOULEVARD (MBB). The proposed location of MBB is
depicted in the Final Engineering Plans. OWNER hereby agrees to construct MBB, and
related improvements for an estimated cost as more particularly described in Exhibit "B ", at
its expense, in accordance with design standards as incorporated into the final engineering
plans approved by the CITY, in exchange for an award from the CITY of transportation impact
fee credits and/or U.S. cash funds as determined by the CITY as provided for in Winter
Springs City Code Sections 9 -386 through 9 -390 in a maximum amount of Six Hundred Two
Thousand Two Hundred Thirty and 101Dollars DOLLARS ($602,230.10) (the "Approved
MBB Credit ") inclusive of construction costs and professional fees (excluding attorney's and
other related legal fees). The OWNER shall also be entitled to impact fee credits or U.S. cash
funds for cost overruns incurred in connection with the construction of MBB and related
improvements if due to approved changes in the scope of the work or material quantity
overruns, all up to a cumulative of 15% more than the Approved MBB Credit based on revised
cost estimates submitted by OWNER and approved by the CITY Manager or his designee.
The payment of any amount exceeding 15% more than the Approved MBB Credit for the
construction of MBB shall require approval of the City Commission. Reimbursement of
eligible costs referenced herein and more particularly described in Exhibit "B" shall be
provided in accordance with the procedures outlined in Paragraph 10 of this Agreement. The
total reimbursable cost of professional fees (excluding attorney's and other related legal fees)
and any related, non - construction expenses, shall be capped at 12.5% of the total actual
construction cost of improvements which are eligible for reimbursement pursuant to this
Paragraph and shall be evidenced by actual invoiced amounts. OWNER shall convey MBB
improvements to the CITY at such time as construction is completed and accepted by the City
Commission. Expenditures eligible for impact fee credits and/or U.S. funds must be approved
by the CITY with documentation of the expenditure, such approval not being unreasonably
withheld or delayed. Project expenditures incurred by the OWNER prior to the effective date
of this Developer's Agreement are not eligible for reimbursement except as specifically
defined in Paragraph 10. OWNER agrees to complete construction of MBB and have the CITY
accept construction thereof, prior to the certificate of occupancy being issued by the CITY for
the first non -model home or non -sales center unit constructed on the Property.
5. MBB WATER MAIN IMPROVEMENTS. OWNER, at its own expense, shall
construct a potable water main within the MBB alignment in accordance with the Final
Engineering Plans. At CITY'S request, the water main described in the Final Engineering
Plans shall be sized to provide more capacity than is required for development of the Property.
Therefore, the OWNER shall be entitled to receive U.S. cash funds (the "Approved Water
Credits ") for the additional cost differential of Twenty One Thousand Three Hundred Seventy -
Nine and 44/100 Dollars ($21,379.44) as depicted in Exhibit "C" which shall be creditable
and in addition to the maximum amount specified in Paragraph 4 above. Reimbursement of
eligible costs referenced herein and more particularly described in Exhibit "C" shall be
provided in accordance with the procedures outlined in Paragraph 10 of this Agreement. The
total reimbursable cost of professional fees (excluding attorney's and other related legal fees)
and any related, non - construction expenses, shall be capped at 12.5% of the total actual
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construction cost of improvements which are eligible for reimbursement pursuant to this
Paragraph and shall be evidenced by actual invoiced amounts.
6. TRAIL CROSSING IMPROVEMENTS. OWNER, at its own expense, shall
construct the required improvements at the intersection of MBB and the Cross Seminole Trail
in accordance with the Final Engineering Plans and pursuant to the "trail crossing" permit
issued by Seminole County. The OWNER shall be entitled to receive transportation impact fee
credits or U.S. cash funds as determined by the CITY for all expenses related to the design,
permitting and construction of said intersection improvements which credits are included in the
Approved MBB Credits specified in Paragraph 4 above and described in Exhibit "B ".
7. LIFT STATION & FORCE MAIN IMPROVEMENTS. OWNER, at its own
expense, will design and construct a lift station and force main upon the Property with
connection to the CITY's system at a point designated by the CITY, in the general location as
depicted on the Final Engineering Plans, sized with a capacity to serve all planned units of the
Property, in accordance with design standards provided by the CITY. To the extent the lift
station and force main are oversized beyond that needed for development of the Property, the
CITY agrees to require the developer of the adjacent property more particularly described in
Exhibit "D -1" attached hereto, (the "Schrimsher Parcel ") to reimburse OWNER an amount
not to exceed Forty One Thousand Seven Hundred Sixty -One and 18/100 Dollars ($41,761.18),
more particularly described in the Exhibit "D -2 ", (the "Sewer Benefit Fee ") for the
proportionate share of design and construction costs attributable to the excess capacity
available for development of the "Schrimsher Parcel ". Prior to the City granting local approval
of an FDEP sewer permit for the developer of any part of portion of the "Schrimsher" parcel
the CITY shall require proof of payment of the applicable Sewer Benefit Fee or an executed
agreement between the OWNER and developer stipulating payment of such fee payable upon
tie -in to the lift station. The applicable Sewer Benefit Fee shall be calculated based on a cost
of $652.52 ($41,761.18/64 units) per equivalent residential unit (ERU) of proposed
development on the "Schrimsher Parcel ". OWNER acknowledges the CITY has no financial
obligation with respect to the matters set forth in this Paragraph, except as specifically stated,
and that OWNER will not seek reimbursement of the Sewer Benefit Fee from the City.
Further, the reimbursement provisions hereof shall only remain in full effect for a period of ten
(10) years from the date of the final Certificate of Occupancy issued on the Property.
8. STORMWATER DRAINAGE IMPROVEMENTS. OWNER, at its own
expense, agrees to construct a stormwater drainage system to serve the Property and that
portion of MBB within the Property, to include three (3) ponds as depicted on the Final
Engineering Plans, in accordance with design standards and guidelines of the CITY and in
accordance with the Modified Environmental Resource Permit from the St. Johns River Water
Management District, obtained by OWNER. The proportionate cost of design, construction
and land attributable to serving MBB is included in the Approved MBB Credits and depicted in
Exhibit "B ". In addition to the aforementioned stormwater drainage improvements, OWNER,
at its own expense, agrees to construct the Wetland Park Outfall ( "Outfall ") through the
Property. The Outfall serves Wetlands Park and other contributing offsite drainage basins.
The OWNER shall be entitled to receive U.S. cash funds ( "Approved Outfall Reimbursement ")
for sixty -five percent (65 %) of the expenses related to the design, permitting and construction
of said Outfall improvements which shall be creditable and in addition to the maximum
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amount specified in Paragraph 4 above. The estimated cost for the Outfall is Two Hundred
Sixteen Thousand Seven Hundred Dollars ($216,700.000 and is more particularly described in
Exhibit "E." Reimbursement shall be provided in accordance with the procedures outlined in
paragraph 10 of this Agreement.
9. PARK IMPROVEMENTS. OWNER will construct park improvements, (the
"Parks ") for the use and enjoyment of members of the HOA and the public, consisting of open
grass area, an amenity water body and shade trees (three inch in caliper at the time of planting),
with pedestrian access to a publicly dedicated right of way within designated Tracts in the
proposed locations as depicted on the Final Engineering Plans, and in accordance with the
design standards of the CITY and all requirements of the Town Center Code. The Parks, which
will be dedicated to the City on the final plat to be recorded for the Property, will be equal in
quality, and acreage to the substituted Small Neighborhood Squares and Lake Trail Park
referenced in the Original Agreement. The improvements to the Parks shall be started prior to
issuance of the 50`x' certificate of occupancy for the Project and shall be substantially complete
prior to issuance of the 125th certificate of occupancy. The Parks shall be maintained in
perpetuity as accessible to the members of the HOA and the City. The HOA shall enter into a
Maintenance Agreement with the CITY for any additional or enhanced maintenance of the
Parks above and beyond the standard level of service normally provided for public parks of the
CITY.
10. REIMBURSEMENT PROCEDURE. OWNER agrees that all public
infrastructure costs which are eligible hereunder for CITY reimbursement (by direct payment
or impact fee credit) and incurred after the Effective Date of this agreement shall be subject to
an informal, competitive bid process under which OWNER shall obtain three (3) written
quotes or bids, unless waived as to certain labor or materials by the City Manager. At least
fifteen (15) days prior to entering into any agreement or change order for the construction of
infrastructure, the bidding documents shall be submitted to the CITY for review and approval,
which review and approval shall not be unreasonably denied. The CITY shall approve or
disapprove all such submittals within ten (10) days, otherwise they shall be deemed approved.
OWNER shall accept the lowest and most qualified bidder unless otherwise approved by the
CITY Manager, or its designee. OWNER agrees that at the time reimbursement for any
eligible costs is requested, OWNER shall provide the CITY with a copy of all applicable
invoices, receipts, warranties, maintenance bonds and documentation, including all change
orders, which clearly evidence each reimbursable expenditure. The CITY shall not be
responsible for reimbursing any infrastructure cost which cannot be properly and reasonably
documented in writing. With the limited exception of (a) professional fees, to the extent
authorized pursuant to Paragraph 4 hereof (and specifically excluding attorney's and other
related legal fees), (b) the MBB clearing costs for that portion south of the Cross Seminole
Trail of $4,374.00, and (c) the clearing and grading costs associated with construction of MBB
of $10,537.00, project expenditures incurred by OWNER prior to the Effective Date of this
Agreement shall not be reimbursed. The CITY shall not unreasonably withhold or deny any
approvals required under this Paragraph and shall make payment within thirty (30) days of
construction completion and acceptance of the improvements by the City Commission.
OWNER acknowledges and agrees that until said infrastructure is fully constructed in
accordance with the approved plans and accepted and conveyed to the CITY under the terms
and conditions herein, the construction of the infrastructure is a private undertaking by
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OWNER and shall not be considered a public works project. OWNER shall indemnify and
hold the CITY and its mayor, commissioners, employees and attorney harmless from any
claims, lawsuits, or actions made against the CITY by any contractor or subcontractor engaged
by the OWNER, either directly or indirectly, to design, permit and construct the infrastructure
which is subject to reimbursement hereunder.
11. SALES CENTER & MODEL HOMES. The CITY agrees to allow OWNER to
construct both a sales office and up to four (4) model homes on the Property to be used for the
customary temporary marketing and sales activities of OWNER or their successors or assigns.
OWNER is encouraged to utilize existing lease space within the Town Center for the purpose
of customary pre- opening marketing and sales activity as it sees fit and in addition to any
onsite activities permitted under this agreement and the CITY code. The CITY agrees that all
finished units within a single townhome building will be considered collectively as a single
model home for purposes of this Paragraph. Further, nothing herein shall cause to limit the
number of inventory homes (pre -sale, spec homes) that may be constructed on the Property.
The CITY represents that such marketing and sales activities shall be permitted through
buildout of the project and are not prohibited or otherwise limited under the Town Center
Code. CITY agrees to permit early construction of the model homes upon completion of
stabilized access and adequate means of fire protection from a City approved source of water
and under the following conditions which are deemed acceptable to OWNER:
(a) The model homes shall remain under OWNER's ownership and control until
such time as a final certificate of occupancy for each unit is issued under the conditions set
forth below.
(b) The model homes shall be constructed in a location reasonably acceptable to the
City, and any associated parking, pedestrian activity and other activities conducted by sales
staff or the general public shall be adequately segregated from construction activities to ensure
safety.
(c) Prior to construction, the model homes shall be duly permitted by the City in
accordance with the Town Center District Code.
(d) At such time as the City Building Official completes and approves a final
inspection of the model homes, the City will issue a temporary certificate of occupancy. Said
temporary certificate of occupancy shall be issued for each model home as a whole. Multiple
townhome units within a single townhome building will be considered collectively as a single
model home unit. Occupancy of the model home units shall be limited to the sale and
marketing efforts for the Project until a final certificate of occupancy is issued for such units.
The foregoing shall not preclude issuance of a Final Certificate of Occupancy for any
individual units within the same townhome building as a model unit.
(e) At the request of OWNER or at such time as the Project development is
completed, whichever occurs sooner, the model home units shall be converted into permanent
residential units and the City shall issue final certificates of occupancy for each model home
unit; provided, however, that the City Building Official determines that such units are suitable
for permanent residential occupancy and in compliance with the City Codes.
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12. CONSTRUCTION ACCESS. Construction access to the Property shall be from
State Road 434 as shown on the Final Engineering Plans. OWNER may utilize MBB for
construction and sales traffic for the Property. OWNER shall provide written notice of this
requirement to all construction companies working at the Property. Access rights granted under
this agreement shall not be reduced or otherwise limited following dedication of MBB to the
CITY.
13. REPRESENTATIONS OF THE CITY. The CITY hereby represents the
following: (a) that the Property is connected to the CITY sewer and water system and
OWNER shall pay all standard connection fees; (b) that the capacity of said CITY sewer and
water system for the Property is sufficient for the requirements of a 202 -unit residential
community and associated amenities; (c) that the CITY has designated both MBB and
Tuskawilla Road (that portion between SR 434 and MBB) as a CITY collector road by proper
City Comprehensive Plan Amendment; and (d) that Wetlands Park, as referred to in the Town
Center Plan, shall be dedicated and conveyed to the CITY at such time the final plat for this
Property is recorded in accordance with Paragraph 3 above.
14. CONVEYANCE OF EASEMENTS. OWNER shall convey to the CITY all
applicable easements depicted on the Final Engineering Plan, including trail, tree preservation,
conservation, drainage and utility easements prior to CITY's final acceptance of the applicable
improvements, which easements may be conveyed by Final Plat or by the applicable re -plat.
15. CONVEYANCE OF STREETS AND ROADS. OWNER shall convey to the
CITY all streets and roads, excluding passes /alleys, located on the Property as depicted on the
Final Engineering Plans, along with all related improvements. The conveyance, which shall be
acceptable to the CITY's attorney, shall be by a recorded Plat and warranty deed and free and
clear of all liens, mortgages, and other encumbrances. The homeowners association shall be
responsible for maintenance of all landscaping, irrigation, hardscaping and other decorative
features not specifically dedicated to the CITY. In addition, the homeowners association shall
be responsible for the maintenance of any decorative brick pavers in the public streets of the
Property. The obligations referenced in this Paragraph 15 shall be referenced in the
Declaration of Covenants and Restrictions to be recorded for the Property.
16. TRASH /REFUSE PICK -UP. No trash dumpster shall be located within the
Property, with the exception of the clubhouse tract, which dumpster will be required to be
located and screened to meet applicable Town Center Codes and Aesthetic Review standards.
Trash and refuse service by individual container pickup shall be provided by the CITY's waste
hauler for the clubhouse and to each individual dwelling unit from its driveway access.
17. DECORATIVE REGULATORY SIGNAGE AND LIGHTING. Prior to
issuance of certificate of completion and acceptance of the infrastructure, OWNER and the
CITY shall enter into a separate Use and Maintenance Agreement outlining responsibilities
related to the decorative street lights and signage, including but not limited to, the cost
differential between maintaining standard street lights and signs and the decorative street
lighting and design requirements of the Town Center Plan. Said agreement shall substantially
conform to the standard decorative street light and signage form agreement that was previously
approved by the City Commission to be utilized on a citywide basis which shall be assignable
and run with the land. OWNER acknowledges that prior to turning the homeowner's
association over to its members, OWNER will assign the Use and Maintenance Agreement to
the homeowner's association for continuation of obligations related thereto.
18. SIDEWALK IMPROVEMENTS IN PHASE 1. OWNER will design and
construct a six foot wide concrete sidewalk along the east side of Tuskawilla Road from the
Property north to tie into the existing sidewalk in front of the St. Johns Landing project and a
six foot wide sidewalk along the east side of Tuskawilla Road south from the Property past the
Cross Seminole Trail to tie into the existing sidewalk along Tuskawilla Road. The sidewalk
shall be constructed within the right of way of Tuskawilla Road. OWNER also agrees to
construct a ten (10) foot wide sidewalk on the south side of Road A as depicted in the final
engineering plans. CITY agrees that the sidewalk improvements contemplated herein support
the CITY's multi -modal transportation policies, specifically Transportation Element Policy
1.6.2, and constitute an equivalent multi -modal facility as referenced in said policy. CITY
agrees this facility satisfies any previous obligations to construct or contribute funds for
construction of a bus shelter.
19. LANDSCAPE PLANS. Landscaping shall be installed and maintained on the
common areas within the Property in accordance with the landscape plans approved by the
City Commission, as part of the final engineering plans for the Property. In addition to the
standard Arbor Permit Fee, OWNER has contributed to the CITY'S tree bank in the amount of
THIRTY -NINE THOUSAND AND NO /100 DOLLARS ($39,000.00) to partially offset the
loss of tree canopy value to the CITY caused by the removal of existing trees located on the
Property.
20. PROJECT SIGNAGE. CITY agrees that OWNER, as a means of directing the
majority of project - related traffic trips to MBB rather than Tuskawilla Road, shall be entitled to
locate temporary directional project signage within the right of way on MBB road at the
intersection of MBB and S.R. 434, subject to Aesthetic Package review standards and approval
by the Planning and Zoning Commission and the City Commission, such approval as to size,
location and appearance only. Said temporary signage shall be fully removed by OWNER at
such time the Project is completed.
21. TREE PRESERVATION AND PLANTING SPECIAL CONSIDERATIONS.
(a) Tree Preservation Easement - The Final Plat shall include a ten (10) foot wide
Tree Preservation Easement along the rear property line of Lots 1 -13 and east and along
Tuskawilla Road within the common area north of Road A and South of the State trail as
generally depicted in the Final Engineering Plans, whereby existing trees greater than 12"
Diameter Breast Height (DBH) shall be preserved and maintained. Additionally, the trees
depicted on Exhibit `IF" which are outside the Tree Preservation Easement will be saved due
to their size and quality and also will be protected under the same restrictions applicable to the
Tree Preservation Easement. The Declaration of Covenants shall require that no trees may be
removed from this area unless one of the following applies, i) the tree is determined by the City
of Winter Springs arborist to be severely diseased, severely injured or dead, ii) the size,
location or health of the tree poses a threat to public safety or private property, or iii) the size
or location of the tree imposes an undue and substantial restriction on the full enjoyment and
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use of Lots 1 -13 within the Property. In no way shall the Tree Preservation Easement limit the
use of the rear yards of Lots 1 -13 except as required to save and protect the trees. If the City
arborist authorizes the removal of any tree on any of the Lots or the common area, the owner of
the property shall be subject to the tree replacement requirements set forth in the City Code.
(b) Supplemental Tree Planting — OWNER shall, concurrent with completion of
homes on Lots 1 -13, install a total of fifteen (15) Live Oak trees, or other canopy tree species
acceptable to the CITY (100 gallon) in order to supplement the existing natural buffer between
the Property and the St. Johns Landings neighborhood. The exact location of the trees may be
determined on a per lot basis to maximize effectiveness and viability of the new trees.
OWNER agrees that each tree planted pursuant to this subparagraph shall have a tree
replacement guarantee for two years in the event that the tree becomes severely diseased or
dies in the opinion of the City's arborist.
22. DEVIATIONS FROM TOWN CENTER PLAN AND CODE. OWNER and
CITY have hereby agreed and the CITY approves the following deviations from the Town
Center Plan and the Code, respectively:
(a) Minimum Lot Width — Section 20- 324(2) requires a minimum lot width of fifty
five (55) feet for front - loaded, single family dwellings within the Town Center. The proposed
minimum lot width is fifty (50) feet and is intended to increase overall density in accordance
with Town Center policies and goals.
(b) Corner Curb Radii - Corner curb radii shall be permitted to exceed the fifteen
(15) foot maximum per Section 20 -324.1 to accommodate the Seminole County fire truck
where shown on the Final Engineering Plans.
(c) Minimum Garage Setback - Section 20 -324 (10) (e) requires that garage doors
be positioned no closer than twenty (20') feet behind the principle plane of the building
frontage if there is a front - facing garage as proposed on the estate lots. The proposed estate
unit designs place the garage twenty (20) feet behind the fagade of the elevated, front porch.
This design meets the intent of screening parked vehicles in the driveway while also providing
a transitional product design more consistent with the standard residential homes found in
neighboring communities adjacent to the Property. However, for the seventy -five (75') foot
estate lots, the twenty (20) foot setback shall be from the sidewalk and not from the elevated,
front porch.
(d) First Floor Elevation (75' estate lots) — Section 20- 324(5) requires the finished
floor height of the first floor to be elevated a minimum of twenty -four (24 ") inches above the
sidewalk grade. However, the seventy -five (75') estate lots do not have to meet this minimum
requirement.
23. EFFECT. CITY and OWNER agree that the terms of this Agreement are
intended to supersede and replace the terms of the Original Agreement as it applies specifically
to the Property. OWNER assumes no obligation for any improvements or construction not
specifically located within the Property, except as depicted on the Final Engineering Plans and
limited to typical maintenance and warranty of infrastructure dedicated to the public upon
completion.
10
24. COOPERATION. OWNER and the CITY shall cooperate fully with each other
to effectuate the terms, conditions and intentions of this Agreement.
25. AUTHORITY. Each party hereby represents and warrants to the other that they
have full power and authority to enter into this Agreement. OWNER also represents that all
legal and equitable title to the Property is currently vested in and held by OWNER and
OWNER is duly authorized to bind the Property to the terms and conditions contained in this
Agreement. CITY also represents that all requirements and procedures, including public
hearings, have been properly conducted so that the execution hereof by the CITY shall
constitute the final action of the CITY.
26. NOTICES. Any notice required or allowed to be delivered hereunder shall be
in writing and shall be deemed to be delivered when: (a) hand delivered to the official
hereinafter designated, or (b) upon receipt of such notice, when deposited in the United States
mail, postage prepaid, certified or registered mail, return receipt requested, or (c) one day after
deposit with a nationally recognized overnight courier service, e.g. Federal Express, Purolator,
Airborne, Express Mail etc., addressed to a party at the other address as specified below or
from time to time by written notice to the other party delivered in accordance herewith.
OWNER: Meritage Homes of Florida, Inc.
5337 Millenia Lakes Blvd. #160
Orlando, FL 32839
Attention: Jeff Porter
Telephone: (407) 712.8681
Facsimile: (407) 712.8688
With a copy to: Meritage Homes of Florida, Inc.
17851 N. 85th Street, Suite 300
Scottsdale, Arizona 85255
Attention: Regional Counsel
Telephone: (480) 515.8008
Facsimile: (480) .375.2915
and with an Meritage Homes Corporation
additional required 17851 N. 85th Street, Suite 300
copy of any notice of Scottsdale, Arizona 85255
default, event of Attention: General Counsel — THIS NOTICE MAY REQUIRE
default, breach, IMMEDIATE ATTENTION
claim, or demand to: Facsimile: (480) 998.9178
Shutts & Bowen LLP
300 South Orange Ave, Suite 1000
Orlando, FL 32801
Attention: Daniel T. O'Keefe
Telephone: (407) 835 -6956
Facsimile: (407) 849 -7256
11
City: Kevin Smith
City Manager
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708
Telephone: (407) 327 -5957
Fax: (407) 327 -4753
With a copy to: Anthony A. Garganese
Brown, Garganese, Weiss & D'Agresta, P.A.
111 N. Orange Ave, Suite 2000
Orlando, Florida 32801
Phone: (407) 425 -9566
Fax: (407) 425 -9596
27. DEFAULTS. Failure by either party to perform each and every one of its
obligations hereunder shall constitute a default, entitling the nondefaulting party to pursue
whatever remedies are available to it under Florida law or equity including, without limitation,
an action for specific performance and/or injunctive relief. Prior to any party filing any action
as a result of a default under this Agreement, the nondefaulting party shall first provide the
defaulting party with written notice of said default. Upon receipt of said notice, the defaulting
party shall be provided a thirty (30) day opportunity in which to cure the default to the
reasonable satisfaction of the nondefaulting party prior to filing said action. However,
provided the defaulting party is diligently pursuing the cure in good faith, the nondefaulting
party may request up to two (2) individual extensions of time to cure the default. The
nondefaulting party may not unreasonably withhold consent for said extensions provided the
defaulting party continues to diligently pursue the cure in good faith. 28.
SUCCESSORS AND ASSIGNS. This Agreement and any credit accounts
created pursuant to this agreement shall automatically be binding upon and shall inure to the
benefit of the successors and assigns of each of the parties.
29. APPLICABLE LAW; VENUE. This Agreement shall be governed by and
construed in accordance with the laws of the State of Florida. The venue for any legal action
instituted to enforce or interpret any provision of this Agreement shall be in Seminole County,
Florida for state action and Orlando, Florida for any federal action.
30. POLICE POWER. The CITY hereby reserves all police powers granted to the
CITY by law. In no way shall this Agreement be construed as the CITY bargaining away or
surrendering its police powers.
31. AMENDMENTS. This Agreement shall not be modified or amended except by
written agreement duly executed by both parties hereto.
12
32. ENTIRE AGREEMENT. This Agreement supersedes any other agreement, oral
or written, and contains the entire agreement between the CITY and OWNER as to the subject
matter hereof.
33. SEVERABILITY. If any provision of this Agreement shall be held to be
invalid or unenforceable to any extent by a court of competent jurisdiction, the same shall not
affect in any respect the validity or enforceability of the remainder of this Agreement.
34. EFFECTIVE DATE. This Agreement shall become effective upon approval by
the City Commission of Winter Springs and execution of this Agreement by both parties.
35. RECORDATION. Within sixty (60) days following the effective date hereof; a
short form memorandum of this Agreement signed by both the CITY and OWNER shall be
recorded in the public records of Seminole County, Florida and shall run with the Property.
The memorandum shall include the legal description of the real property described in Exhibit
A (the Property), state that this Agreement and any modifications thereto are on file at City
Hall and shall otherwise be in a form mutually acceptable to the CITY and OWNER.
36. RELATIONSHIP OF THE PARTIES. The relationship of the parties to this
Agreement is contractual and OWNER is an independent contractor and not an agent of the
CITY. Nothing herein shall be deemed to create a joint venture or principal -agent relationship
between the parties, and neither party is authorized to, nor shall either party act toward third
persons or the public in any manner which would indicate any such relationship with the other.
37. SOVEREIGN IMMUNITY. Nothing contained in this Agreement shall be
construed as a waiver of the CITY's right to sovereign immunity under Section 768.28, Florida
Statutes, or any other limitation on the CITY's potential liability under state and federal law.
38. FORCE MAJEURE. The parties agree that in the event that the failure by either
party to accomplish any action required hereunder within a specified time period ( "Time
Period ") constitutes a default under the terns of this Agreement and, if any such failure is due
to any unforeseeable or unpredictable event or condition beyond the control of such party,
including, but not limited to, acts of God, acts of government authority (other than the CITY's
own acts), acts of public enemy or war, riots, civil disturbances, power failure, shortages of
labor or materials, injunction or other court proceedings beyond the control of such party, or
severe adverse weather conditions ( "Uncontrollable Event "), then, notwithstanding any
provision of this Agreement to the contrary, that failure shall not constitute a default under this
Agreement and any Time Period proscribed hereunder shall be extended by the amount of time
that such party was unable to perform solely due to the Uncontrollable Event.
39. INTERPRETATION. The parties hereby agree and acknowledge that they have
both participated equally in the drafting of this Agreement and no party shall be favored or
disfavored regarding the interpretation of this Agreement in the event of a dispute between the
parties.
40. PERMITS. Nothing herein shall limit the CITY's authority to grant or deny any
development permit applications or requests subsequent to the effective date of this
Agreement. The failure of this Agreement to address any particular City, county, state, and
13
federal permit, condition, term, or restriction shall not relieve OWNER or the CITY of the
necessity of complying with the law governing said permitting requirements, conditions, term,
or restriction. Without imposing any limitation on the CITY's police powers, the CITY
reserves the right to withhold, suspend, or terminate any and all certificates of occupancy for
any building or unit owned by OWNER within the Property if OWNER is in breach of any
term or condition of this Agreement.
41. THIRD PARTY RIGHTS. This Agreement is not a third party beneficiary
contract and shall not in any way whatsoever create any rights on behalf of any third party.
42. 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.
43. TERMINATION. The City shall have the unconditional right, but not
obligation, to terminate this Agreement, without notice or penalty, if OWNER fails to receive
building permits and substantially commences construction of the Project within three (3) years
of the effective date of this Agreement. In addition, the City shall have the right, but not
obligation, to terminate the Agreement if OWNER permanently abandons construction of the
Project, provided, however, the City shall first deliver written notice and an opportunity to cure
as set forth in paragraph 27 herein. If the City terminates this Agreement, the City shall record
a notice of termination in the public records of Seminole County, Florida.
44. WAIVER. The waiver by any party of a breach of any provision of this
Agreement shall not operate or be construed as a waiver of any other provision of this
Agreement or of any future breach of the provision so waived.
45. INDEMNIFICATION. OWNER hereby agrees to indemnify, release, and hold
harmless the CITY and its commissioners, employees and attorneys from and against all
claims, losses, damages, personal injuries (including, but not limited to, death), or liability
(including reasonable attorney's fees and costs through all appellate proceedings), directly or
indirectly arising from, out of, or caused by OWNER and OWNER'S contractor's and
subcontractor's performance of construction activities in furtherance of this Agreement and
any and all permits issued hereunder. This indemnification shall survive the termination of this
Agreement, but shall cease at such time applicable statute of limitations have expired.
IN WITNESS WHEREOF, OWNER and the CITY have executed this Agreement in
form sufficient to bind them as of the day and year first above written.
[Signature Page Follows]
14
Signed and sealed in the
presence of:
SM ,L /I . 4. j 1
V 21
STATE OF FWRIDA
COUNTY OA XZV'l
OWNER:
MERITAGE HOMES OF FLORIDA, INC.,
a Florida corporation
By:
Print Name:. rl
Title:
U
The foregoing instrument was acknowledged before me this'-5 day of May, 2011, by
tSI�V_ ey'tS of Meritage Homes of Florida,
Inc., who is personals known to me or who has produced a driver's license or
identification card, or who has produced as identification.
My commission expires: 6�,\
~Signature of Notary Public on line above)
`I cLR Gti f'� oe— C c !::,
(Print Name of Notary Public on line above)
(NOTARY SEAL)
DEBORAH BRACCO
=' MY COMMISSION N DD 991409
•, os EXPIRES: May 15, 2014
Bonded Thru NotarrPublic Underwriters
15
CITY OF WINTER SPRINGS, a Florida
municipal corporation
Signed an Seale in d the •' �1„ �� �������
presence o£ �q ooe•o "�� alp_
Print e: w I- S
/07�4 Title:
Print ame:
Print Name: 10V
STATE OF FLORIDA
COUNTY OF elrn �n 01f,
isE JUYIt --
The foregoing instrument was acknowledged before me this I day of , 2011, by
Kevin L. Smith, as City Manager of the City of Winter Springs, Florida, who iS.Pexsouall
.known to me or who has produced a driver's license or identification card, or
who has produced as identification.
My commission ex -
res:
DANIELLE M. HAWER
MY COMMISSION k EE 062248
EXPIRES: April 15, 2015 Bonded Thru Notary Public Underwriters
(NOTARY SEAL)
16
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(Sign ture of Notary Public on line above)
Davllei k, tfQYhW
(Print Name of Notary Public on line above)
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EXHIBIT B
TABULATION OF QUANTITIES AND COST ESTIMATE
Winter Springs Village
Michael Blake Blvd. & Construction Access Road
February 17, 2011
Carnahan Proctor Cross
SUBTOTAL: $509,824.42
P: \PROJECT FOLDERS \090816 -LA - Meritage Homes Sonesta Pointe \cost estimates \Revised Exhibits 2 -17-
2011 \Revisions 5 -27- 2011 \exhibitc -MBB Cost Estimate - jan- 17- 11.xls
Unit
Total
Average
Total
Category
Meas
Quantity
Unit Price
Price
Site & General Conditions
Mobilization
LS
1
$
4,000.00
$
4,000.00
Silt Fence 18"
LF
5,920
$
0.90
$
5,328.00
Erosion Control
LS
1
$
3,000.00
$
3,000.00
Clear and Grubbing
Acres
3.3
$
4,860.00
$
16,038.00
Sod - Landscape Strip
SY
2,930
$
1.40
$
4,102.00
Grass Seed/Mulch
Acres
0.74
$
2,160.00
$
1,598.40
Irigation & Landscaping
LS
1
$
50,000.00
$
50,000.00
Storm Drainage
15" RCP (0' -6')
LF
256
$
30.64
$
7,843.84
15" RCP (6' -8')
LF
240
$
32.00
$
7,680.00
15" RCP (8' -10')
LF
177
$
34.00
$
6,018.00
15" RCP (10' -12')
LF
898
$
38.00
$
34,124.00
18" RCP (10' -12')
LF
949
$
41.00
$
38,909.00
42" RCP (10' -12')
LF
177
$
95.00
$
16,815.00
18" MES
EA
2
$
1,345.00
$
2,690.00
P -5 Inlet
EA
2
$
2,549.33
$
5,098.66
P -6 Inlet
EA
12
$
2,815.72
$
33,788.64
STS M.H. 48"
EA
1
$
1,414.67
$
1,414.67
STS M.H. 60"
EA
2
$
1,912.33
$
3,824.66
Type C Ditch Bottom Inlet (8' -10') & Wall
LS
1
$
5,000.00
$
5,000.00
Valley Gutter/Inlet
EA
1
$
1,800.00
$
1,800.00
Paving
1.75" SP9.5
SY
4,807
$
8.60
$
41,340.20
6" Crushed Concrete Base
SY
4,807
$
7.30
$
35,091.10
12" Subgrade
SY
9,223
$
2.25
$
20,751.75
Curb, Sidewalks & Paths
Temp. Stabilized Construction Entrance
LS
1
$
25,800.00
$
25,800.00
Valley Gutter
LF
1,125
$
8.50
$
9,562.50
Type F Curb and Gutter
LF
3,580
$
7.00
$
25,060.00
6' T.E. Sidewalk @ 4" Thick
LF
1,740
$
12.65
$
22,011.00
Handicap Ramps
EA
10
$
595.00
$
5,950.00
Striping and Signage
LS
1
$
3,000.00
$
3,000.00
Trail Crossing
LS
1
$
43,350.00
$
43,350.00
Pond Construction
MBB Impact on Pond 1 Construction (8.2 %)
LS
1
$
15,625.00
$
15,625.00
MBB Impact on Pond 2 Construction (6.7 %)
LS
1
$
13,210.00
$
13,210.00
SUBTOTAL: $509,824.42
P: \PROJECT FOLDERS \090816 -LA - Meritage Homes Sonesta Pointe \cost estimates \Revised Exhibits 2 -17-
2011 \Revisions 5 -27- 2011 \exhibitc -MBB Cost Estimate - jan- 17- 11.xls
Unit Total Average Total
Category Meas Quantity Unit Price Price
Construction Contingency (5 %) $25,491.22
Professional Fees (Survey,Engineering, Management... etc) (12.5 %) $66,914.46
GRAND TOTAL COST
SUBTOTAL: $92,405.68
GRAND TOTAL $602,230.10
P: \PROJECT FOLDERS \090816 -LA - Meritage Homes Sonesta Pointe \cost estimates \Revised Exhibits 2 -17-
2011 \Revisions 5 -27- 2011 \exhibitc -MBB Cost Estimate - jan- 17- 11.xls
EXHIBIT C
TABULATION OF QUANTITIES AND COST ESTIMATE
Winter Springs Village
Potable Water System Oversizing
February 17, 2010
Unit
Category Description Meas
Water Main (Cost differential for increasing water main from 8 in. dia. To 12 in
Water main ($ 23.50 for 12 inch - $ 15.00 for 8 inch) LF
Gate valves ($ 1,921.00 for 12 inch - $ 1,158.00 for 8 inch) EA
Carnahan Proctor Cross
Total Average Total
Quantity Unit Price Price
dia.)
1,860 $ 8.50 $15,810.00
3 $ 763.00 $2,289.00
SUBTOTAL: $18,099.00
Construction Contingency (5 %) $904.95
Professional Fees (Survey, Engineering, Management... etc) (12.5 %) $2,375.49
SUBTOTAL: $3,280.44
GRAND TOTAL COST
Note: (Cost differential for increasing water main from 8 inch Diameter to 12 inch diameter)
GRAND TOTAL: $21,379.44
P: \PROJECT FOLDERS \090816 -LA - Meritage Homes Sonesta Pointe \cost estimates \Revised Exhibits 2-17 -
Page 12011 \Revisions 5 -27- 2011 \EXHIBIT C- POTABLE WATER.xls
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EXHIBIT "D -1"
CARNAHAN• PROCTOR • CROSS, INC. Winter Springs vnuage
1 COR9ItMtN=Ila R86URZY PLAtt-
N SCHRIMSHER Et IBEW PARCELS
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EXHIBIT D -2
TABULATION OF QUANTITIES AND COST ESTIMATE
Winter Springs Village
Pump Station and Force Main Oversizing
May 27, 2011
Carnahan Proctor Cross
Unit Total Average Total
Category Description Meas Quantity Unit Price Price
Lift Station
Pump Station Cost ($ 123,120.00)
Force Main Cost ($ 53,646.90)
Construction Contingency (5 %)
Professional Fees (Survey, Engineering, Management... etc) (12.5 %)
GRAND TOTAL COST
NOTE: Cost allocation for estimated 64 units on Schrimsher residual property.
LS 1 $ 24,624.00 $24,624.00
LS 1 $ 10,729.38 $10,729.38
SUBTOTAL: $35,353.38
$1,767.67
$4,640.13
SUBTOTAL: $6,407.80
GRAND TOTAL: $41,761.18
P: \PROJECT FOLDERS \09081.6 -LA - Meritage Homes Sonesta Pointe \cost estimates \Revised Exhibits 2 -17- 2011 \Revisions 5 -27-
201.1 \exhibit D -2 Pump Station Force Main Credit.xls
r
EXHIBIT E
TABULATION OF QUANTITIES AND COST ESTIMATE
Winter Springs Village
WETLAND PARK OUTFALL
January 17, 2011
Carnahan Proctor Cross
SUBTOTAL: $131,121.65
Construction Contingency (10 %) $13,112.17
Professional Fees ( Survey, Engineering ,Legal,Management ... etc) (15 %) $21,635.07
SUBTOTAL: $34,747.24
GRAND TOTAL COST GRAND TOTAL: $165,868.89
Note: Includes Wetland Park Outfall from the Easterly right -of -way of Michael Blake Blvd.
to Easterly Terminius of Outfall. Does not include that portion of Wetland Park outfall located
in Wetland Park or the right of way of Michael Blake Boulevard.
P: \PROJECT FOLDERS \090816 -LA - Meritage Homes Sonesta Pointe \cost estimates \EXHIBIT F WETLAND PARK- 1- 17- 11.xls
Unit
Total
Average
Total
Category Description
Meas
Quantity
Unit Price
Price
Site & General Conditions
Mobilization
LS
1
$
1,000.00
$
1,000.00
Erosion Control
LS
1
$
1,000.00
$
1,000.00
Clear and Grubbing
LS
1
$
2,500.00
$
2,500.00
Storm Drainage
42" RCP (10' -12')
LF
1,148
$
95.00
$
109,060.00
STS M.H. 60"
EA
5
$
1,912.33
$
9,561.65
Type C Ditch Bottom Inlet (8' -10') & Wall
LS
1
$
5,000.00
$
5,000.00
Wingwall / Outfall
EA
1
$
3,000.00
$
3,000.00
SUBTOTAL: $131,121.65
Construction Contingency (10 %) $13,112.17
Professional Fees ( Survey, Engineering ,Legal,Management ... etc) (15 %) $21,635.07
SUBTOTAL: $34,747.24
GRAND TOTAL COST GRAND TOTAL: $165,868.89
Note: Includes Wetland Park Outfall from the Easterly right -of -way of Michael Blake Blvd.
to Easterly Terminius of Outfall. Does not include that portion of Wetland Park outfall located
in Wetland Park or the right of way of Michael Blake Boulevard.
P: \PROJECT FOLDERS \090816 -LA - Meritage Homes Sonesta Pointe \cost estimates \EXHIBIT F WETLAND PARK- 1- 17- 11.xls
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�N� CARNAHAN • Prtnrrno s$ Winter Springs Village
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Preservation
� UIBILITY UNSATISFACTUM
FOR SGANNINP
MARYANNE MORSE
CLERK OF COURT, SEMINOLE COUNTY
1750 E LAKE MARY BLVD
SANFORD, FL 32773
407 - 665 -4411
DATE:06/07/2011
TIME:02:51:08 PM
RECEIPT:1050943
BROWN GARGANESE WEISS ET AL
CODE - 1029
ITEM -01 AGR 02:51 :08 PM
FILE:2011060353 BK /PG:O 7582/1450
RECORDING FEE 205.50
Sub. Total 205.50
AMOUNT DUE: $205.50
PAID CHECK: $205.50
Check #:31340 $205.50
TOTAL PAID: $205.50
REC BY:TSMITH
DEPUTY CLERK
Have a Mice Day
c
.+
MARYANNE MORSE
CLERK OF COURT, SEMINOLE COUNTY
1750 E LAKE MARY BLVD
SANFORD, FL 32773
407 - 665 -4411
DATE:06/07/2011
TIME:02:51:08 PM
RECEIPT:1050943
BROWN GARGANESE WEISS ET AL
CODE - 1029
ITEM -01 AGR 02:51 :08 PM
FILE:2011060353 BK /PG:O 7582/1450
RECORDING FEE 205.50
Sub. Total 205.50
AMOUNT DUE: $205.50
PAID CHECK: $205.50
Check #:31340 $205.50
TOTAL PAID: $205.50
REC BY:TSMITH
DEPUTY CLERK
Have a Mice Day
Prepared by and return to:
Anthony A. Garganese, City Attorney
Brown, Garganese, Weiss & D'Agresta, P.A.
111 N. Orange Avenue, Suite 2000
Orlando, Florida 32802 -2873
(407) 425 -9566
WINTER SPRINGS VILLAGE
DEVELOPER'S AGREEMENT
THIS DEVELOPER'S AGREEMENT ( "Agreement ") is made and entered into this
day of May, 2011, by and between MERITAGE HOMES
Florida corporation ( "OWNER ") and the CITY OF WINTER
corporation existing under the laws of the State of Florida ( "CITY ").
RECITALS
OF FLORIDA, INC., a
SPRINGS, a municipal
A. WHEREAS, the CITY has completed a comprehensive planning study in
connection with the requirements of Chapter 163, Florida Statutes, resulting in the adoption of
the Winter Springs Town Center Plan ( "Town Center Plan "); and
B. WHEREAS, OWNER is the owner of certain real property located within the
boundaries of Winter Springs Town Center (the "Town Center ") on which it intends to develop a
residential community and related amenities, which real property is more particularly described
on Exhibit "A" attached hereto and by reference incorporated herein (the "Property); and
C. WHEREAS, the Property is subject to the terms of that certain Agreement dated
June 26, 2000 by and between the CITY and prior owners of the Property (the "Original
Agreement "); and
D. WHEREAS, the CITY and OWNER desire to substitute the Original Agreement
with this Agreement for the future development of the Property pursuant to the CITY's Town
Center Plan and Code; and
E. WHEREAS, OWNER and the CITY intend, for the terms of this Agreement, to
memorialize their understanding and agreement regarding their respective interest, expectations,
and intentions regarding the development of the Property within the Town Center and:
NOW THEREFORE, in consideration of the terms and conditions set forth in this
agreement, and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the CITY and OWNER agree as follows:
1. INCORPORATION OF RECITALS. The foregoing recitals are true and
correct and are fully incorporated herein by reference as a material part of this Agreement.
M
2. APPROVAL OF FINAL ENGINEERING PLANS. Subject to the terms and
conditions of this Agreement, OWNER shall permit and construct the residential development
on the Property that is set forth in the final engineering/subdivision plans that were
conditionally approved by the City Commission on March 28, 2011, and as may be amended
from time to time by OWNER and the CITY. ( "Final Engineering Plans "). A copy of the
Final Engineering Plans shall be maintained on file at City Hall.
3. FINAL AND FUTURE PLAT APPROVALS The CITY and OWNER
acknowledge and agree that the final plat for the Property presented to the City Commission on
March 28, 2011 was approved in accordance with the City code. Within fourteen (14) days of
the Effective Date of this Agreement, the CITY and OWNER shall cooperate to record the
approved final plat in the Official Public Records of Seminole County as a condition precedent
to OWNER exercising any rights under this Agreement. OWNER and CITY acknowledge and
agree that subsequent to the filing of the final plat, OWNER shall be required to replat the
Property for purposes of developing the residential units depicted on the Final Engineering
Plans. However, the replatting shall not terminate or otherwise negatively affect the public
dedications already set forth in the final plat and also required by the Final Engineering Plans
particularly with respect to any public easements, parks, streets, Michael Blake Boulevard
( "MBB ") and Wetlands Park. The replatting of the Property may occur in phases depending
on the development schedule established by the OWNER for the residential units.
(a) Pursuant to Section 9 -76 of the City Code, OWNER will deliver to the CITY an
original irrevocable Letter of Credit ( "MBB Infrastructure LOC ") in a dollar amount
reasonably determined by the City, based on an estimate of a duly qualified engineer, to be
financially sufficient to cover the cost of completion of the MBB infrastructure required to be
constructed under the Final Engineering Plans, including, but not limited to streets, drainage
facilities, sidewalks, water and sewer facilities and landscaping. The purpose of the MBB
Infrastructure LOC shall be to ensure that OWNER completes the construction and installation
of the MBB infrastructure in accordance with the requirements of this Agreement. The MBB
Infrastructure LOC shall be delivered no later than the date of the recording of the final plat. In
addition, the MBB Infrastructure LOC shall be maintained in good standing for the benefit of
the CITY until the MBB infrastructure is accepted by the CITY. Upon acceptance of the MBB
infrastructure by the CITY, the CITY shall promptly return the MBB Infrastructure LOC to
OWNER.
(b) In connection with each re -plat of a portion of the Property, and pursuant to
Section 9 -76 of the City Code, OWNER will deliver to the CITY an original irrevocable letter
of Credit ( "Infrastructure LOU) in a dollar amount sufficient to cover the cost of completion
of the public infrastructure required to be constructed in connection with such re -plat,
including roadways, drainage facilities, sidewalks, water and sewer facilities and landscaping.
The purpose of the Infrastructure LOC shall be to ensure that OWNER completes the
construction and installation of the public infrastructure associated with such re -plat in
accordance with the requirements of this Agreement. The Infrastructure LOC shall be delivered
no later than the date of the recording of the applicable re- plat. In addition, the Infrastructure
LOC shall be maintained in good standing for the benefit of the CITY until the public
infrastructure is accepted by the CITY. Upon acceptance of the applicable public
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infrastructure by the CITY, the CITY shall promptly return the Infrastructure LOC to
OWNER.
(c) At such time the CITY accepts the public infrastructure associated with each
re -plat of a portion of the Property and pursuant to Section 9 -76 of the City Code, OWNER
will deliver to the CITY an original irrevocable Letter of Credit ( "Maintenance LOU) in a
dollar amount reasonably determined by the CITY, based on an estimate of a duly qualified
engineer to be financially sufficient to cover the cost of maintenance of required and installed
public improvements for two (2) years after the date of the completion and acceptance by the
CITY. In addition, the Maintenance LOC shall be maintained in good standing for the benefit
of the CITY until it is released by the CITY promptly at such time the two year period expires.
(d) At such time OWNER provides the MBB Infrastructure LOC required by
subparagraph (a) above, OWNER will deliver an additional original Irrevocable Letter of
Credit ( "Restoration LOC ") in the amount of One Hundred Forty Thousand and No /100
Dollars ($140,000.00) for the restoration of the Property in the event OWNER abandons or
discontinues the Project and City determines that unsafe conditions exist or are created on the
Property due to said discontinuance or abandonment; provided, however, in the event the
$115,000.00 letter of credit and $25,000.00 cash escrow OWNER deposited with the CITY in
connection with OWNER'S Early Work Permit (the "Early Work Permit LOC ") is on deposit
with the CITY at the time OWNER is required to deliver the Resotration LOC, the Early Work
permit LOC and $25,000.00 cash escrow may serve as the Restoration LOC for all purposes
under this Agreement if the City Attorney determines that the terms and conditions of the
Restoration LOC are legally sufficient to cover OWNER's obligations under this
subparagraph. For the purposes of this subparagraph and the Restoration LOC, the term
restoration shall include, but not be limited to, reducing the height of stockpiles to a maximum
of ten (10) feet above the existing ground elevation at the toe of slope of the stock pile,
regrading all or portions of the Property in order to mulch and grass and maintain disturbed
areas, installing and maintaining fences around disturbed areas fencing and screening areas
deemed dangerous to the public, repairing damage to public infrastructure, regrading
temporary access areas, boarding incomplete and open buildings, implementing a supplemental
planting plan in order to minimize direct view of disturbed portions of the Property as observed
from Tuskawilla Road and the St. Johns Landing subdivision, and other actions reasonably
deemed necessary by the CITY to protect the public health, safety, and welfare of the public
from the abandonment of the Project. At the time OWNER provides an Infrastructure LOC in
connection with the re -plat of any portion of the Property, OWNER may reduce the amount of
the Restoration LOC proportionately with the amount of the Property included in the re -plat.
For example if the first re -plat includes 50% of the Property, then upon posting of the required
Infrastructure LOC, the Restoration LOC may be reduced by 50 %. The Restoration LOC shall
be maintained in good standing for the benefit of the City until it is released by the City
promptly at the earlier of such time the Infrastructure LOC is provided for the final re -plat of
the Property, or the restoration work is completed .
(e) All LOC's required by this paragraph shall be issued by Wachovia bank, the
same bank that issued the Early Work Permit LOC, or some other nationally recognized bank
qualified to do business in the State of Florida that is deemed acceptable to the City. The City
of Winter Springs shall be the named beneficiary under each of the LOC's and the LOC's shall
be in a form acceptable to the City Attorney.
4. MICHAEL BLAKE BOULEVARD (MBB). The proposed location of MBB is
depicted in the Final Engineering Plans. OWNER hereby agrees to construct MBB, and
related improvements for an estimated cost as more particularly described in Exhibit "B ", at
its expense, in accordance with design standards as incorporated into the final engineering
plans approved by the CITY, in exchange for an award from the CITY of transportation impact
fee credits and/or U.S. cash funds as determined by the CITY as provided for in Winter
Springs City Code Sections 9 -386 through 9 -390 in a maximum amount of Six Hundred Two
Thousand Two Hundred Thirty and 10/Dollars DOLLARS ($602,230.10) (the "Approved
MBB Credit ") inclusive of construction costs and professional fees (excluding attorney's and
other related legal fees). The OWNER shall also be entitled to impact fee credits or U.S. cash
funds for cost overruns incurred in connection with the construction of MBB and related
improvements if due to approved changes in the scope of the work or material quantity
overruns, all up to a cumulative of 15% more than the Approved MBB Credit based on revised
cost estimates submitted by OWNER and approved by the CITY Manager or his designee.
The payment of any amount exceeding 15% more than the Approved MBB Credit for the
construction of MBB shall require approval of the City Commission. Reimbursement of
eligible costs referenced herein and more particularly described in Exhibit "B" shall be
provided in accordance with the procedures outlined in Paragraph 10 of this Agreement. The
total reimbursable cost of professional fees (excluding attorney's and other related legal fees)
and any related, non - construction expenses, shall be capped at 12.5% of the total actual
construction cost of improvements which are eligible for reimbursement pursuant to this
Paragraph and shall be evidenced by actual invoiced amounts. OWNER shall convey MBB
improvements to the CITY at such time as construction is completed and accepted by the City
Commission. Expenditures eligible for impact fee credits and/or U.S. funds must be approved
by the CITY with documentation of the expenditure, such approval not being unreasonably
withheld or delayed. Project expenditures incurred by the OWNER prior to the effective date
of this Developer's Agreement are not eligible for reimbursement except as specifically
defined in Paragraph 10. OWNER agrees to complete construction of MBB and have the CITY
accept construction thereof, prior to the certificate of occupancy being issued by the CITY for
the first non -model home or non -sales center unit constructed on the Property.
5. MBB WATER MAIN IMPROVEMENTS. OWNER, at its own expense, shall
construct a potable water main within the MBB alignment in accordance with the Final
Engineering Plans. At CITY'S request, the water main described in the Final Engineering
Plans shall be sized to provide more capacity than is required for development of the Property.
Therefore, the OWNER shall be entitled to receive U.S. cash funds (the "Approved Water
Credits ") for the additional cost differential of Twenty One Thousand Three Hundred Seventy -
Nine and 44/100 Dollars ($21,379.44) as depicted in Exhibit "C" which shall be creditable
and in addition to the maximum amount specified in Paragraph 4 above. Reimbursement of
eligible costs referenced herein and more particularly described in Exhibit "C" shall be
provided in accordance with the procedures outlined in Paragraph 10 of this Agreement. The
total reimbursable cost of professional fees (excluding attorney's and other related legal fees)
and any related, non - construction expenses, shall be capped at 12.5% of the total actual
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construction cost of improvements which are eligible for reimbursement pursuant to this
Paragraph and shall be evidenced by actual invoiced amounts.
6. TRAIL CROSSING IMPROVEMENTS. OWNER, at its own expense, shall
construct the required improvements at the intersection of MBB and the Cross Seminole Trail
in accordance with the Final Engineering Plans and pursuant to the "trail crossing" permit
issued by Seminole County. The OWNER shall be entitled to receive transportation impact fee
credits or U.S. cash funds as determined by the CITY for all expenses related to the design,
permitting and construction of said intersection improvements which credits are included in the
Approved MBB Credits specified in Paragraph 4 above and described in Exhibit "B".
7. LIFT STATION & FORCE MAIN IMPROVEMENTS. OWNER, at its own
expense, will design and construct a lift station and force main upon the Property with
connection to the CITY's system at a point designated by the CITY, in the general location as
depicted on the Final Engineering Plans, sized with a capacity to serve all planned units of the
Property, in accordance with design standards provided by the CITY. To the extent the lift
station and force main are oversized beyond that needed for development of the Property, the
CITY agrees to require the developer of the adjacent property more particularly described in
Exhibit "D -1" attached hereto, (the "Schrimsher Parcel ") to reimburse OWNER an amount
not to exceed Forty One Thousand Seven Hundred Sixty -One and 18/100 Dollars ($41,761.18),
more particularly described in the Exhibit "D -2 ", (the "Sewer Benefit Fee ") for the
proportionate share of design and construction costs attributable to the excess capacity
available for development of the "Schrimsher Parcel ". Prior to the City granting local approval
of an FDEP sewer permit for the developer of any part of portion of the "Schrimsher" parcel
the CITY shall require proof of payment of the applicable Sewer Benefit Fee or an executed
agreement between the OWNER and developer stipulating payment of such fee payable upon
tie -in to the lift station. The applicable Sewer Benefit Fee shall be calculated based on a cost
of $652.52 ($41,761.18/64 units) per equivalent residential unit (ERU) of proposed
development on the "Schrimsher Parcel ". OWNER acknowledges the CITY has no financial
obligation with respect to the matters set forth in this Paragraph, except as specifically stated,
and that OWNER will not seek reimbursement of the Sewer Benefit Fee from the City.
Further, the reimbursement provisions hereof shall only remain in full effect for a period of ten
(10) years from the date of the final Certificate of Occupancy issued on the Property.
8. STORMWATER DRAINAGE IMPROVEMENTS. OWNER, at its own
expense, agrees to construct a stormwater drainage system to serve the Property and that
portion of MBB within the Property, to include three (3) ponds as depicted on the Final
Engineering Plans, in accordance with design standards and guidelines of the CITY and in
accordance with the Modified Environmental Resource Permit from the St. Johns River Water
Management District, obtained by OWNER. The proportionate cost of design, construction
and land attributable to serving MBB is included in the Approved MBB Credits and depicted in
Exhibit "B ". In addition to the aforementioned stormwater drainage improvements, OWNER,
at its own expense, agrees to construct the Wetland Park Outfall ( "Outfall ") through the
Property. The Outfall serves Wetlands Park and other contributing offsite drainage basins.
The OWNER shall be entitled to receive U.S. cash funds ( "Approved Outfall Reimbursement ")
for sixty -five percent (65 %) of the expenses related to the design, permitting and construction
of said Outfall improvements which shall be creditable and in addition to the maximum
amount specified in Paragraph 4 above. The estimated cost for the Outfall is Two Hundred
Sixteen Thousand Seven Hundred Dollars ($216,700.000 and is more particularly described in
Exhibit "E." Reimbursement shall be provided in accordance with the procedures outlined in
paragraph 10 of this Agreement.
9. PARK IMPROVEMENTS. OWNER will construct park improvements, (the
"Parks ") for the use and enjoyment of members of the HOA and the public, consisting of open
grass area, an amenity water body and shade trees (three inch in caliper at the time of planting),
with pedestrian access to a publicly dedicated right of way within designated Tracts in the
proposed locations as depicted on the Final Engineering Plans, and in accordance with the
design standards of the CITY and all requirements of the Town Center Code. The Parks, which
will be dedicated to the City on the final plat to be recorded for the Property, will be equal in
quality, and acreage to the substituted Small Neighborhood Squares and Lake Trail Park
referenced in the Original Agreement. The improvements to the Parks shall be started prior to
issuance of the 50a' certificate of occupancy for the Project and shall be substantially complete
prior to issuance of the 125th certificate of occupancy. The Parks shall be maintained in
perpetuity as accessible to the members of the HOA and the City. The HOA shall enter into a
Maintenance Agreement with the CITY for any additional or enhanced maintenance of the
Parks above and beyond the standard level of service normally provided for public parks of the
CITY.
10. REIMBURSEMENT PROCEDURE. OWNER agrees that all public
infrastructure costs which are eligible hereunder for CITY reimbursement (by direct payment
or impact fee credit) and incurred after the Effective Date of this agreement shall be subject to
an informal, competitive bid process under which OWNER shall obtain three (3) written
quotes or bids, unless waived as to certain labor or materials by the City Manager. At least
fifteen (15) days prior to entering into any agreement or change order for the construction of
infrastructure, the bidding documents shall be submitted to the CITY for review and approval,
which review and approval shall not be unreasonably denied. The CITY shall approve or
disapprove all such submittals within ten (10) days, otherwise they shall be deemed approved.
OWNER shall accept the lowest and most qualified bidder unless otherwise approved by the
CITY Manager, or its designee. OWNER agrees that at the time reimbursement for any
eligible costs is requested, OWNER shall provide the CITY with a copy of all applicable
invoices, receipts, warranties, maintenance bonds and documentation, including all change
orders, which clearly evidence each reimbursable expenditure. The CITY shall not be
responsible for reimbursing any infrastructure cost which cannot be properly and reasonably
documented in writing. With the limited exception of (a) professional fees, to the extent
authorized pursuant to Paragraph 4 hereof (and specifically excluding attorney's and other
related legal fees), (b) the MBB clearing costs for that portion south of the Cross Seminole
Trail of $4,374.00, and (c) the clearing and grading costs associated with construction of MBB
of $10,537.00, project expenditures incurred by OWNER prior to the Effective Date of this
Agreement shall not be reimbursed. The CITY shall not unreasonably withhold or deny any
approvals required under this Paragraph and shall make payment within thirty (30) days of
construction completion and acceptance of the improvements by the City Commission.
OWNER acknowledges and agrees that until said infrastructure is fully constructed in
accordance with the approved plans and accepted and conveyed to the CITY under the terms
and conditions herein, the construction of the infrastructure - is a private undertaking by
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OWNER and shall not be considered a public works project. OWNER shall indemnify and
hold the CITY and its mayor, commissioners, employees and attorney harmless from any
claims, lawsuits, or actions made against the CITY by any contractor or subcontractor engaged
by the OWNER, either directly or indirectly, to design, permit and construct the infrastructure
which is subject to reimbursement hereunder.
11. SALES CENTER & MODEL HOMES. The CITY agrees to allow OWNER to
construct both a sales office and up to four (4) model homes on the Property to be used for the
customary temporary marketing and sales activities of OWNER or their successors or assigns.
OWNER is encouraged to utilize existing lease space within the Town Center for the purpose
of customary pre - opening marketing and sales activity as it sees fit and in addition to any
onsite activities permitted under this agreement and the CITY code. The CITY agrees that all
finished units within a single townhome building will be considered collectively as a single
model home for purposes of this Paragraph. Further, nothing herein shall cause to limit the
number of inventory homes (pre -sale, spec homes) that may be constructed on the Property.
The CITY represents that such marketing and sales activities shall be permitted through
buildout of the project and are not prohibited or otherwise limited under the Town Center
Code. CITY agrees to permit early construction of the model homes upon completion of
stabilized access and adequate means of fire protection from a City approved source of water
and under the following conditions which are deemed acceptable to OWNER:
(a) The model homes shall remain under OWNER's ownership and control until
such time as a final certificate of occupancy for each unit is issued under the conditions set
forth below.
(b) The model homes shall be constructed in a location reasonably acceptable to the
City, and any associated parking, pedestrian activity and other activities conducted by sales
staff or the general public shall be adequately segregated from construction activities to ensure
safety.
(c) Prior to construction, the model homes shall be duly permitted by the City in
accordance with the Town Center District Code.
(d) At such time as the City Building Official completes and approves a final
inspection of the model homes, the City will issue a temporary certificate of occupancy. Said
temporary certificate of occupancy shall be issued for each model home as a whole. Multiple
townhome units within a single townhome building will be considered collectively as a single
model home unit. Occupancy of the model home units shall be limited to the sale and
marketing efforts for the Project until a final certificate of occupancy is issued for such units.
The foregoing shall not preclude issuance of a Final Certificate of Occupancy for any
individual units within the same townhome building as a model unit.
(e) At the request of OWNER or at such time as the Project development is
completed, whichever occurs sooner, the model home units shall be converted into permanent
residential units and the City shall issue final certificates of occupancy for each model home
unit; provided, however, that the City Building Official determines that such units are suitable
for permanent residential occupancy and in compliance with the City Codes.
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12. CONSTRUCTION ACCESS. Construction access to the Property shall be from
State Road 434 as shown on the Final Engineering Plans. OWNER may utilize MBB for
construction and sales traffic for the Property. OWNER shall provide written notice of this
requirement to all construction companies working at the Property. Access rights granted under
this agreement shall not be reduced or otherwise limited following dedication of MBB to the
CITY.
13. REPRESENTATIONS OF THE CITY. The CITY hereby represents the
following: (a) that the Property is connected to the CITY sewer and water system and
OWNER shall pay all standard connection fees; (b) that the capacity of said CITY sewer and
water system for the Property is sufficient for the requirements of a 202 -unit residential
community and associated amenities; (c) that the CITY has designated both MBB and
Tuskawilla Road (that portion between SR 434 and MBB) as a CITY collector road by proper
City Comprehensive Plan Amendment; and (d) that Wetlands Park, as referred to in the Town
Center Plan, shall be dedicated and conveyed to the CITY at such time the final plat for this
Property is recorded in accordance with Paragraph 3 above.
14. CONVEYANCE OF EASEMENTS. OWNER shall convey to the CITY all
applicable easements depicted on the Final Engineering Plan, including trail, tree preservation,
conservation, drainage and utility easements prior to CITY's final acceptance of the applicable
improvements, which easements may be conveyed by Final Plat or by the applicable re -plat.
15. CONVEYANCE OF STREETS AND ROADS. OWNER shall convey to the
CITY all streets and roads, excluding passes /alleys, located on the Property as depicted on the
Final Engineering Plans, along with all related improvements. The conveyance, which shall be
acceptable to the CITY's attorney, shall be by a recorded Plat and warranty deed and free and
clear of all liens, mortgages, and other encumbrances. The homeowners association shall be
responsible for maintenance of all landscaping, irrigation, hardscaping and other decorative
features not specifically dedicated to the CITY. In addition, the homeowners association shall
be responsible for the maintenance of any decorative brick pavers in the public streets of the
Property. The obligations referenced in this Paragraph 15 shall be referenced in the
Declaration of Covenants and Restrictions to be recorded for the Property.
16. TRASH/REFUSE PICK -UP. No trash dumpster shall be located within the
Property, with the exception of the clubhouse tract, which dumpster will be required to be
located and screened to meet applicable Town Center Codes and Aesthetic Review standards.
Trash and refuse service by individual container pickup shall be provided by the CITY's waste
hauler for the clubhouse and to each individual dwelling unit from its driveway access.
17. DECORATIVE REGULATORY SIGNAGE AND LIGHTING. Prior to
issuance of certificate of completion and acceptance of the infrastructure, OWNER and the
CITY shall enter into a separate Use and Maintenance Agreement outlining responsibilities
related to the decorative street lights and signage, including but not limited to, the cost
differential between maintaining standard street lights and signs and the decorative street
lighting and design requirements of the Town Center Plan. Said agreement shall substantially
conform to the standard decorative street light and signage form agreement that was previously
approved by the City Commission to be utilized on a citywide basis which shall be assignable
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and run with the land. OWNER acknowledges that prior to turning the homeowner's
association over to its members, OWNER will assign the Use and Maintenance Agreement to
the homeowner's association for continuation of obligations related thereto.
18. SIDEWALK IMPROVEMENTS IN PHASE 1. OWNER will design and
construct a six foot wide concrete sidewalk along the east side of Tuskawilla Road from the
Property north to tie into the existing sidewalk in front of the St. Johns Landing project and a
six foot wide sidewalk along the east side of Tuskawilla Road south from the Property past the
Cross Seminole Trail to tie into the existing sidewalk along Tuskawilla Road. The sidewalk
shall be constructed within the right of way of Tuskawilla Road. OWNER also agrees to
construct a ten (10) foot wide sidewalk on the south side of Road A as depicted in the final
engineering plans. CITY agrees that the sidewalk improvements contemplated herein support
the CITY's multi -modal transportation policies, specifically Transportation Element Policy
1.6.2, and constitute an equivalent multi -modal facility as referenced in said policy. CITY
agrees this facility satisfies any previous obligations to construct or contribute funds for
construction of a bus shelter.
19. LANDSCAPE PLANS. Landscaping shall be installed and maintained on the
common areas within the Property in accordance with the landscape plans approved by the
City Commission, as part of the final engineering plans for the Property. In addition to the
standard Arbor Permit Fee, OWNER has contributed to the CITY'S tree bank in the amount of
THIRTY -NINE THOUSAND AND NO /100 DOLLARS ($39,000.00) to partially offset the
loss of tree canopy value to the CITY caused by the removal of existing trees located on the
Property.
20. PROJECT SIGNAGE. CITY agrees that OWNER, as a means of directing the
majority of project - related traffic trips to MBB rather than Tuskawilla Road, shall be entitled to
locate temporary directional project signage within the right of way on MBB road at the
intersection of MBB and S.R. 434, subject to Aesthetic Package review standards and approval
by the Planning and Zoning Commission and the City Commission, such approval as to size,
location and appearance only. Said temporary signage shall be fully removed by OWNER at
such time the Project is completed.
21. TREE PRESERVATION AND PLANTING SPECIAL CONSIDERATIONS.
(a) Tree Preservation Easement - The Final Plat shall include a ten (10) foot wide
Tree Preservation Easement along the rear property line of Lots 1 -13 and east and along
Tuskawilla Road within the common area north of Road A and South of the State trail as
generally depicted in the Final Engineering Plans, whereby existing trees greater than 12"
Diameter Breast Height (DBH) shall be preserved and maintained. Additionally, the trees
depicted on Exhibit "F" which are outside the Tree Preservation Easement will be saved due
to their size and quality and also will be protected under the same restrictions applicable to the
Tree Preservation Easement. The Declaration of Covenants shall require that no trees may be
removed from this area unless one of the following applies, i) the tree is determined by the City
of Winter Springs arborist to be severely diseased, severely injured or dead, ii) the size,
location or health of the tree poses a threat to public safety or private property, or iii) the size
or location of the tree imposes an undue and substantial restriction on the full enjoyment and
C
use of Lots 1 -13 within the Property. In no way shall the Tree Preservation Easement limit the
use of the rear yards of Lots 1 -13 except as required to save and protect the trees. If the City
arborist authorizes the removal of any tree on any of the Lots or the common area, the owner of
the property shall be subject to the tree replacement requirements set forth in the City Code.
(b) Supplemental Tree Planting — OWNER shall, concurrent with completion of
homes on Lots 1 -13, install a total of fifteen (15) Live Oak trees, or other canopy tree species
acceptable to the CITY (100 gallon) in order to supplement the existing natural buffer between
the Property and the St. Johns Landings neighborhood. The exact location of the trees may be
determined on a per lot basis to maximize effectiveness and viability of the new trees.
OWNER agrees that each tree planted pursuant to this subparagraph shall have a tree
replacement guarantee for two years in the event that the tree becomes severely diseased or
dies in the opinion of the City's arborist.
22. DEVIATIONS FROM TOWN CENTER PLAN AND CODE. OWNER and
CITY have hereby agreed and the CITY approves the following deviations from the Town
Center Plan and the Code, respectively:
(a) Minimum Lot Width — Section 20- 324(2) requires a minimum lot width of fifty
five (55) feet for front - loaded, single family dwellings within the Town Center. The proposed
minimum lot width is fifty (50) feet and is intended to increase overall density in accordance
with Town Center policies and goals.
(b) Corner Curb Radii - Corner curb radii shall be pennitted to exceed the fifteen
(15) foot maximum per Section 20 -324.1 to accommodate the Seminole County fire truck
where shown on the Final Engineering Plans.
(c) Minimum Garage Setback - Section 20 -324 (10) (e) requires that garage doors
be positioned no closer than twenty (20') feet behind the principle plane of the building
frontage if there is a front - facing garage as proposed on the estate lots. The proposed estate
unit designs place the garage twenty (20) feet behind the fagade of the elevated, front porch.
This design meets the intent of screening parked vehicles in the driveway while also providing
a transitional product design more consistent with the standard residential homes found in
neighboring communities adjacent to the Property. However, for the seventy -five (75') foot
estate lots, the twenty (20) foot setback shall be from the sidewalk and not from the elevated,
front porch.
(d) First Floor Elevation (75' estate lots) — Section 20- 324(5) requires the finished
floor height of the first floor to be elevated a minimum of twenty -four (24 ") inches above the
sidewalk grade. However, the seventy -five (75') estate lots do not have to meet this minimum
requirement.
23. EFFECT. CITY and OWNER agree that the terms of this Agreement are
intended to supersede and replace the terms of the Original Agreement as it applies specifically
to the Property. OWNER assumes no obligation for any improvements or construction not
specifically located within the Property, except as depicted on the Final Engineering Plans and
limited to typical maintenance and warranty of infrastructure dedicated to the public upon
completion.
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24. COOPERATION. OWNER and the CITY shall cooperate fully with each other
to effectuate the terms, conditions and intentions of this Agreement.
25. AUTHORITY. Each party hereby represents and warrants to the other that they
have full power and authority to enter into this Agreement. OWNER also represents that all
legal and equitable title to the Property is currently vested in and held by OWNER and
OWNER is duly authorized to bind the Property to the terms and conditions contained in this
Agreement. CITY also represents that all requirements and procedures, including public
hearings, have been properly conducted so that the execution hereof by the CITY shall
constitute the final action of the CITY.
26. NOTICES. Any notice required or allowed to be delivered hereunder shall be
in writing and shall be deemed to be delivered when: (a) hand delivered to the official
hereinafter designated, or (b) upon receipt of such notice, when deposited in the United States
mail, postage prepaid, certified or registered mail, return receipt requested, or (c) one day after
deposit with a nationally recognized overnight courier service, e.g. Federal Express, Purolator,
Airborne, Express Mail etc., addressed to a party at the other address as specified below or
from time to time by written notice to the other party delivered in accordance herewith.
OWNER:
Meritage Homes of Florida, Inc.
5337 Millenia Lakes Blvd. #160
Orlando, FL 32839
Attention: Jeff Porter
Telephone: (407) 712.8681
Facsimile: (407) 712.8688
With a copy to:
Meritage Homes of Florida, Inc.
17851 N. 85th Street, Suite 300
Scottsdale, Arizona 85255
Attention: Regional Counsel
Telephone: (480) 515.8008
Facsimile: (480) .375.2915
and with an
Meritage Homes Corporation
additional required
17851 N. 85th Street, Suite 300
copy of any notice of
Scottsdale, Arizona 85255
default, event of
Attention: General Counsel — THIS NOTICE MAY REQUIRE
default, breach,
IMMEDIATE ATTENTION
claim, or demand to:
Facsimile: (480) 998.9178
Shutts & Bowen LLP
300 South Orange Ave, Suite 1000
Orlando, FL 32801
Attention: Daniel T. O'Keefe
Telephone: (407) 835 -6956
Facsimile: (407) 849 -7256
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City: Kevin Smith
City Manager
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708
Telephone: (407) 327 -5957
Fax: (407) 327 -4753
With a copy to: Anthony A. Garganese
Brown, Garganese, Weiss & D'Agresta, P.A.
111 N. Orange Ave, Suite 2000
Orlando, Florida 32801
Phone: (407) 425 -9566
Fax: (407) 425 -9596
27. DEFAULTS. Failure by either party to perform each and every one of its
obligations hereunder shall constitute a default, entitling the nondefaulting party to pursue
whatever remedies are available to it under Florida law or equity including, without limitation,
an action for specific performance and/or injunctive relief. Prior to any party filing any action
as a result of a default under this Agreement, the nondefaulting party shall first provide the
defaulting party with written notice of said default. Upon receipt of said notice, the defaulting
party shall be provided a thirty (30) day opportunity in which to cure the default to the
reasonable satisfaction of the nondefaulting party prior to filing said action. However,
provided the defaulting party is diligently pursuing the cure in good faith, the nondefaulting
party may request up to two (2) individual extensions of time to cure the default. The
nondefaulting party may not unreasonably withhold consent for said extensions provided the
defaulting party continues to diligently pursue the cure in good faith. 28.
SUCCESSORS AND ASSIGNS. This Agreement and any credit accounts
created pursuant to this agreement shall automatically be binding upon and shall inure to the
benefit of the successors and assigns of each of the parties.
29. APPLICABLE LAW: VENUE. This Agreement shall be governed by and
construed in accordance with the laws of the State of Florida. The venue for any legal action
instituted to enforce or interpret any provision of this Agreement shall be in Seminole County,
Florida for state action and Orlando, Florida for any federal action.
30. POLICE POWER. The CITY hereby reserves all police powers granted to the
CITY by law. In no way shall this Agreement be construed as the CITY bargaining away or
surrendering its police powers.
31. AMENDMENTS. This Agreement shall not be modified or amended except by
written agreement duly executed by both parties hereto.
12
32. ENTIRE AGREEMENT. This Agreement supersedes any other agreement, oral
or written, and contains the entire agreement between the CITY and OWNER as to the subject
matter hereof.
33. SEVERABILITY. If any provision of this Agreement shall be held to be
invalid or unenforceable to any extent by a court of competent jurisdiction, the same shall not
affect in any respect the validity or enforceability of the remainder of this Agreement.
34. EFFECTIVE DATE. This Agreement shall become effective upon approval by
the City Commission of Winter Springs and execution of this Agreement by both parties.
35. RECORDATION. Within sixty (60) days following the effective date hereof; a
short form memorandum of this Agreement signed by both the CITY and OWNER shall be
recorded in the public records of Seminole County, Florida and shall run with the Property.
The memorandum shall include the legal description of the real property described in Exhibit
A (the Property), state that this Agreement and any modifications thereto are on file at City
Hall and shall otherwise be in a form mutually acceptable to the CITY and OWNER.
36. RELATIONSHIP OF THE PARTIES. The relationship of the parties to this
Agreement is contractual and OWNER is an independent contractor and not an agent of the
CITY. Nothing herein shall be deemed to create a joint venture or principal -agent relationship
between the parties, and neither party is authorized to, nor shall either party act toward third
persons or the public in any manner which would indicate any such relationship with the other.
37. SOVEREIGN IMMUNITY. Nothing contained in this Agreement shall be
construed as a waiver of the CITY's right to sovereign immunity under Section 768.28, Florida
Statutes, or any other limitation on the CITY's potential liability under state and federal law.
38. FORCE MAJEURE. The parties agree that in the event that the failure by either
party to accomplish any action required hereunder within a specified time period ( "Time
Period ") constitutes a default under the terms of this Agreement and, if any such failure is due
to any unforeseeable or unpredictable event or condition beyond the control of such party,
including, but not limited to, acts of God, acts of government authority (other than the CITY's
own acts), acts of public enemy or war, riots, civil disturbances, power failure, shortages of
labor or materials, injunction or other court proceedings beyond the control of such party, or
severe adverse weather conditions ( "Uncontrollable Event "), then, notwithstanding any
provision of this Agreement to the contrary, that failure shall not constitute a default under this
Agreement and any Time Period proscribed hereunder shall be extended by the amount of time
that such party was unable to perform solely due to the Uncontrollable Event.
39. INTERPRETATION. The parties hereby agree and acknowledge that they have
both participated equally in the drafting of this Agreement and no party shall be favored or
disfavored regarding the interpretation of this Agreement in the event of a dispute between the
parties.
40. PERMITS. Nothing herein shall limit the CITY's authority to grant or deny any
development permit applications or requests subsequent to the effective date of this
Agreement. The failure of this Agreement to address any particular City, county, state, and
13
federal permit, condition, term, or restriction shall not relieve OWNER or the CITY of the
necessity of complying with the law governing said permitting requirements, conditions, term,
or restriction. Without imposing any limitation on the CITY's police powers, the CITY
reserves the right to withhold, suspend, or terminate any and all certificates of occupancy for
any building or unit owned by OWNER within the Property if OWNER is in breach of any
term or condition of this Agreement.
41. THIRD PARTY RIGHTS. This Agreement is not a third parry beneficiary
contract and shall not in any way whatsoever create any rights on behalf of any third party.
42. 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.
43. TERMINATION. The City shall have the unconditional right, but not
obligation, to terminate this Agreement, without notice or penalty, if OWNER fails to receive
building permits and substantially commences construction of the Project within three (3) years
of the effective date of this Agreement. In addition, the City shall have the right, but not
obligation, to terminate the Agreement if OWNER permanently abandons construction of the
Project, provided, however, the City shall first deliver written notice and an opportunity to cure
as set forth in paragraph 27 herein. If the City terminates this Agreement, the City shall record
a notice of termination in the public records of Seminole County, Florida.
44. WAIVER. The waiver by any party of a breach of any provision of this
Agreement shall not operate or be construed as a waiver of any other provision of this
Agreement or of any future breach of the provision so waived.
45. INDEMNIFICATION. OWNER hereby agrees to indemnify, release, and hold
harmless the CITY and its commissioners, employees and attorneys from and against all
claims, losses, damages, personal injuries (including, but not limited to, death), or liability
(including reasonable attorney's fees and costs through all appellate proceedings), directly or
indirectly arising from, out of, or caused by OWNER. and OWNER'S contractor's and
subcontractor's performance of construction activities in furtherance of this Agreement and
any and all permits issued hereunder. This indemnification shall survive the termination of this
Agreement, but shall cease at such time applicable statute of limitations have expired.
IN WITNESS WHEREOF, OWNER and the CITY have executed this Agreement in
form sufficient to bind them as of the day and year first above written.
[Signature Page Follows]
14
Signed and sealed in the
presence of
""' i. ,l 11..x. J .I�►
y ,
M ffi V�flG"
clli^i
STATE OF FLQRIDA
COUNTY OF
OWNER:
MERITAGE HOMES OF FLORIDA, INC.,
a Florida corporation
By: 1�&
Print Name:.
Title: �
0 g�-
�The foregoing instrument was acknowledged before me this
f day of May, 2011, by
G� �c as L` ' w, f rT f Meritage Homes of Florida,
Inc., who is personally known to me or who has produced a driver's license or
identification card, or who has produced ( as identification.
My commission expires:
_ Signature of Notary Public on line above)
,1 ) L c �
(Print Name of Notary Public on line above)
(NOTARY SEAL)
tip' : "••., DEBORAH BRACOO
MY COMMISSION # DD 991409
EXPIRES: May �• Bonded Thru NotaryPu t
I c UnderwrIters
15
Signed and s m the
presence of. eale
Print ?Tame:( 1R�9'_57
Print Name:
STATE OF FLORIDA
COUNTY OF ACM I(1 d?,
CITY OF WINTER SPRINGS, a Florida
municipal corporation
By: _
Print e: K&Vj
Title: GI 1 r :
3
The foregoing instrument was acknowledged before me this I day of vf yn 2011, by
Kevin L. Smith, as City Manager of the City of Winter Springs, Florida, who is,persanall
known to me or who has produced a driver's license or identification card, or
who has produced _ _ as identification.
My commission expires:
r`" " ""••} DANIELLE M. HARKER
MY COMMISSION # EE 062248
dg EXPIRES: April 15, 2015 Bonded Thru Notary Public Underwriters
(NOTARY SEAL)
16
(Sign ture of Notary Public on line above)
David ft Hayhw
(Print Name of Notary Public on line above)
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EXHIBIT B
TABULATION OF QUANTITIES AND COST ESTIMATE
Winter Springs Village
Michael Blake Blvd. & Construction Access Road
February 17, 2011
Carnahan Proctor Cross
Category
Unit
Meas
Total
Quantity
Average
Unit Price
Total
Price
Site & General Conditions
Mobilization
LS
1
$
4,000.00
$
4,000.00
Silt Fence 18"
LF
5,920
$
0.90
$
5,328.00
Erosion Control
LS
1
$
3,000.00
$
3,000.00
Clear and Grubbing
Acres
3.3
$
4,860.00
$
16,038.00
Sod - Landscape Strip
SY
2,930
$
1.40
$
4,102.00
Grass Seed/Mulch
Acres
0.74
$
2,160.00
$
1,598.40
Irigation & Landscaping
LS
1
$
50,000.00
$
50,000.00
Storm Drainage
15" RCP (0' -6')
LF
256
$
30.64
$
7,843.84
15" RCP (6' -8')
LF
240
$
32.00
$
7,680.00
15" RCP (8' -10')
LF
177
$
34.00
$
6,018.00
15" RCP (10'42)
LF
898
$
38.00
$
34,124.00
18" RCP (10' -12')
LF
949
$
41.00
$
38,909.00
42" RCP (10' -12')
LF
177
$
95.00
$
16,815.00
18" MES
EA
2
$
1,345.00
$
2,690.00
P -5 Inlet
EA
2
$
2,549.33
$
5,098.66
P -6 Inlet
EA
12
$
2,815.72
$
33,788.64
STS M.H. 48"
EA
1
$
1,414.67
$
1,414.67
STS M.H. 60"
EA
2
$
1,912.33
$
3,824.66
Type C Ditch Bottom Inlet (8' -10') & Wall
LS
1
$
5,000.00
$
5,000.00
Valley Gutter/Inlet
EA
1
$
1,800.00
$
1,800.00
Paving
1.75" SP9.5
SY
4,807
$
8.60
$
41,340.20
6" Crushed Concrete Base
SY
4,807
$
7.30
$
35,091.10
12" Subgrade
SY
9,223
$
2.25
$
20,751.75
Curb, Sidewalks & Paths
Temp. Stabilized Construction Entrance
LS
1
$
25,800.00
$
25,800.00
Valley Gutter
LF
1,125
$
8.50
$
9,562.50
Type F Curb and Gutter
LF
3,580
$
7.00
$
25,060.00
6' T.E. Sidewalk @ 4" Thick
LF
1,740
$
12.65
$
22,011.00
Handicap Ramps
EA
10
$
595.00
$
5,950.00
Striping and Signage
LS
1
$
3,000.00
$
3,000.00
Trail Crossing
LS
1
$
43,350.00
$
43,350.00
Pond Construction
MBB Impact on Pond I Construction (8.2 %)
LS
1
$
15,625.00
$
15,625.00
MBB Impact on Pond 2 Construction (6.7 %)
LS
1
$
13,210.00
$
13,210.00
SUBTOTAL: $509,824.42
P: \PROJECT FOLDERS \090816 -LA - Meritage Homes Sonesta Pointe \cost estimates \Revised Exhibits 2 -17-
2011 \Revisions 5 -27- 2011 \exhibitc -MBB Cost Estimate - jan- 17- 11.xls
Unit Total Average Total
Category Meas Quantity Unit Price Price
Construction Contingency (5 %) $25,491.22
Professional Fees (Survey,Engineering, Management... etc) (12.5 %) $66,914.46
GRAND TOTAL COST
SUBTOTAL: $92,405.68
GRAND TOTAL $602,230.10
P: \PROJECT FOLDERS \090816 -LA - Meritage Homes Sonesta Pointe \cost estimates \Revised Exhibits 2 -17-
2011 \Revisions 5 -27- 2011 \exhibitc -MBB Cost Estimate - jan- 17- 11.xls
EXHIBIT C
TABULATION OF QUANTITIES AND COST ESTIMATE
Winter Springs Village
Potable Water System Oversizing
February 17, 2010
Unit
Category Description Meas
Water Main (Cost differential for increasing water main from 8 in. dia. To 12 in
Water main ($ 23.50 for 12 inch - $ 15.00 for 8 inch) LF
Gate valves ($ 1,921.00 for 12 inch - $ 1,158.00 for 8 inch) EA
Carnahan Proctor Cross
Total Average Total
Quantity Unit Price Price
dia.)
1,860 $ 8.50 $15,810.00
3 $ 763.00 $2,289.00
SUBTOTAL: $18,099.00
Construction Contingency (5%) $904.95
Professional Fees (Survey, Engineering, Management... etc) (12.5 %) $2,375.49
SUBTOTAL: $3,280.44
GRAND TOTAL COST GRAND TOTAL: $21,379.44
Note: (Cost differential for increasing water main from 8 inch Diameter to 12 inch diameter)
P: \PROJECT FOLDERS \090816 -LA - Meritage Homes Sonesta Pointe \cost estimates \Revised Exhibits 2-17 -
Page 12011 \Revisions 5 -27- 2011 \EXHIBIT C- POTABLE WATER.xls
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EXHIBIT "D -V
CARNAHAN• PROCTOR •CROSS INC. Winter SpC ngs Village
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EXHIBIT D -2
TABULATION OF QUANTITIES AND COST ESTIMATE
Winter Springs Village
Pump Station and Force Main Oversizing
May 27, 2011
Carnahan Proctor Cross
Unit Total Average Total
Category Description Meas Quantity Unit Price Price
Lift Station
Pump Station Cost ($ 123,120.00)
Force Main Cost ($ 53,646.90)
Construction Contingency (5 %)
Professional Fees (Survey, Engineering, Management... etc) (12.5 %)
GRAND TOTAL COST
NOTE: Cost allocation for estimated 64 units on Schrimsher residual property.
LS 1 $ 24,624.00 $24,624.00
LS 1 $ 10,729.38 $10,729.38
SUBTOTAL: $35,353.38
$1,767.67
$4,640.13
SUBTOTAL: $6,407.80
GRAND TOTAL: $41,761.18
P: \PROJECT FOLDERS \090816 -LA - Meritage Homes Sonesta Pointe \cost estimates \Revised Exhibits 2 -17- 2011 \Revisions 5 -27-
2011 \exhibit D -2 Pump Station Force Main Credit.xls
EXHIBIT E
TABULATION OF QUANTITIES AND COST ESTIMATE
Winter Springs Village
WETLAND PARK OUTFALL
January 17, 2011
Carnahan Proctor Cross
Construction Contingency (10 %)
Professional Fees (Su rvey, En gin eering ,Legal,Management ... etc) (15 %)
GRAND TOTAL COST
SUBTOTAL: $131,121.65
$13,112.17
$21,635.07
SUBTOTAL: $34,747.24
GRAND TOTAL: $165,868.89
Note: Includes Wetland Park Outfall from the Easterly right -of -way of Michael Blake Blvd.
to Easterly Terminius of Outfall. Does not include that portion of Wetland Park outfall located
in Wetland Park or the right of way of Michael Blake Boulevard.
P: \PROJECT FOLDERS \090816 -LA - Meritage Homes Sonesta Pointe \cost estimates \EXHIBIT F WETLAND PARK -1 -17- 11.x18
Unit
Total
Average
Total
Category Description
Meas
Quantity
Unit Price
Price
Site & General Conditions
Mobilization
LS
1
$
1,000.00
$
1,000.00
Erosion Control
LS
1
$
1,000.00
$
1,000.00
Clear and Grubbing
LS
1
$
2,500.00
$
2,500.00
Storm Drainage
42" RCP (10' -12')
LF
1,148
$
95.00
$
109,060.00
STS M.H. 60"
EA
5
$
1,912.33
$
9,561.65
Type C Ditch Bottom Inlet (8' -10') & Wall
LS
1
$
5,000.00
$
5,000.00
Wingwall / Outfall
EA
1
$
3,000.00
$
3,000.00
Construction Contingency (10 %)
Professional Fees (Su rvey, En gin eering ,Legal,Management ... etc) (15 %)
GRAND TOTAL COST
SUBTOTAL: $131,121.65
$13,112.17
$21,635.07
SUBTOTAL: $34,747.24
GRAND TOTAL: $165,868.89
Note: Includes Wetland Park Outfall from the Easterly right -of -way of Michael Blake Blvd.
to Easterly Terminius of Outfall. Does not include that portion of Wetland Park outfall located
in Wetland Park or the right of way of Michael Blake Boulevard.
P: \PROJECT FOLDERS \090816 -LA - Meritage Homes Sonesta Pointe \cost estimates \EXHIBIT F WETLAND PARK -1 -17- 11.x18