HomeMy WebLinkAbout2011 09 12 Consent 200 THOA Monument RequestCOMMISSION AGENDA
ITEM 200
CONSENT X
INFORMATIONAL
PUBLIC HEARING
REGULAR
September 12, 2011
Meeting
REQUEST:
Mgr. /Dept
Authorization
The Community Development Department, Urban Beautification Division, Is Requesting That
The City Commission Approve A Request From The Tuscawilla Home Owners Association To
Install Granite Monuments At Two Flag Poles On Winter Springs Boulevard In Honor Of
Tuscawilla Residents Who Have Served America Either In The Military Or In A Civil Capacity.
SYNOPSIS:
The Tuscawilla Home Owners Association (THOA) is requesting that the City Commission
consider the installation of two (2) granite monuments at flag poles located in the medians along
Winter Springs Boulevard at two main entrances to the Tuscawilla Subdivision. The monuments
are intended to compliment flag poles that were previously installed by the THOA in honor of
those residents of Tuscawilla who have served America in either a military or in a civil capacity.
The THOA has committed to paying the entire cost for purchase and installation of the
monuments, including being responsible for all ongoing maintenance and care that will be
required.
CONSIDERATIONS:
On July 20, 2011, Don Gilmore presented a request on behalf of the THOA to theTuscawilla
Lighting and Beautification District (TLBD) Advisory Board regarding the installation of two
granite monuments, one at each flag pole on the Winter Springs Boulevard medians. Since the
requested project falls within the Tuscawilla Subdivision and the TLBD Assessment Area, the
Advisory Board was compelled to respond to the THOA request; and unanimously agreed that
the proposal be taken forward to the City Commission for approval. The Advisory Board
extended support for any changes the Commission would deem appropriate to the plan.
THOA Monument Installation Request
September 12, 2011
Commission Consent Item 200
Page 2 of 3
On August 22, 2011, THOA Board Members Pamela Carroll and Donald Gilmore both appeared
before the City Commission under public input to request that approval be given for installation
of the granite monuments at two (2) flag poles on Winter Springs Boulevard at opposite ends of
the subdivision, as requested. The item was referred to staff to bring back with more information
as an agenda item for later consideration by the City Commission.
As part of the City's Staff Review Process for a request involving roadways and medians, the
THOA proposal has been reviewed by all applicable departments who found no negative impacts
related to public safety or maintenance of the monuments as proposed. In addition, the THOA
has agreed to perform all required maintenance of the project, so the City would not be burdened
with costs of upkeep and /or repairs.
FISCAL IMPACT:
Approval of this request will have no known fiscal impact to the City. The THOA has agreed to
pay for all costs of purchase, installation, and maintenance of the monuments.
COMMUNICATION EFFORTS:
This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission,
City Manager, City Attorney /Staff, And Is Available On The City's Website, LaserFiche, And
The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The
Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals
Noted Above, And Which Is Also Available On The City's Website, LaserFiche, And The City's
Server; Has Been Sent To Applicable City Staff, eAlert/eCitizen Recipients, Media/Press
Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's
Associations/Representatives On File With The City, And All Individuals Who Have Requested
Such Information. This Information Has Also Been Posted Outside City Hall, Posted Inside City
Hall With Additional Copies Available For The General Public, And Posted At Five (5)
Different Locations Around The City. Furthermore, This Information Is Also Available To Any
Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any
Agenda Item With Any Interested Individuals.
RECOMMENDATION:
TUSCAWILLA LIGHTING AND BEAUTIFICATION DISTRICT ADVISORY BOARD:
At a regular meeting on July 20, 2011, the TLBD Advisory Board voted unanimously to endorse
the proposal from THOA for approval by the City Commission, with any desired changes
necessary as deemed appropriate.
THOA Monument Installation Request
September 12, 2011
Commission Consent Item 200
Page 3 of 3
STAFF:
Staff recommends that the City Commission approve this request from the Tuscawilla Home
Owners Association to install granite monuments at two flag poles on Winter Springs Boulevard
in honor of Tuscawilla residents who have served America either in the military or in a civil
capacity, as proposed and per the attachments below. Also, staff recommends that the City
Commission authorize the City Manager and the City Attorney to prepare and execute any and
all applicable documents related to this approval.
ATTACHMENTS:
A. Cut Sheet Submittal Of The Proposed Granite Monuments — Tuscawilla Home
Owners Association
B. Conceptual Photo Of A Proposed Granite Monument At Median #1 Flag Pole
On Winter Springs Boulevard
C. Superior Monument Contract Proposal ( #1154) For The Tuscawilla Home
Owners Association
D. Monument Infrastructure Maintenance Agreement — Tuscawilla Homeowners
Association
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Superior Design Monument Co. 1 154
820 West Gore Street • Orlando, FL • (407) 849 -1025 • Fax (407) 849 -1042
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MEMORIAL CONTRACT PHONE: 407 16- -0157
ii CELL:
PURCHASER: J G J ) Vn 5 FAX:
ADDRESS: DATE: 6 - ,23 - 11
CITY:
INTERMENT RIGHT OWNER NAME:
ADDRESS:
PHONE:
Interment Right Owner - Contract is hereby placed with Superior DeslginMonument Co, of Orlando, Florida, party of thefirst part, for monumental
work to be delivered and erected in
cemetery
Address City State
Lot Blk Sec Sp Agreed Delivery Date or Installation Date by:
The memorial or marker meets all otthe cemetery's rules and regulations as of the date of this contract. DIMENSIONS AND FINISH
DESIGN
MATERIAL Ga. ,r `
LETTERING
(STATE WHETHER BUNK $AND BLAST ROUND OR SOUARE, RAISED)
STATE: ZIP:
State finish, carving and lettering clearly.
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FAMILY NAME BASE
(STATE WHETHER t O R 2 BIDES)
(1) INSCRIPTION (Left)
DATE OF BIRTH DEATH
VERSE
(2) INSCRIPTION (Right)
DATE OF BIRTH DEATH
VERSE Iv- r
Inscription No.1 on left side facing the monument. Inscription No. 2 on right
unless other wise stipulated in this contract. 0 Traditional O Non - Traditional
'MARKER $
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OTHER $
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All monumental work described above is guaranteed against any defects in material or workmanship. Said monumental work with title hereto
and right of possession thereof shall remain the property of Superior Design Monument Co. until paid for in full in accordance with terms of
payment. In default of arty payment hereunder purchaser licenses Superior Design Monument Co. or its agents to repossess and remove
said monumental work without guilt of trespass or any other wrong and authorize and empower them to apply for permit form superintendent
cemetery for Its removal, it cemetery permit should be necessary, and to take any further steps deemed necessary or expedient and further
agree to save them harmless from and under entry repossession and removal, and said monumental work shall be retained or disposed of by
said party of the first part, without being answerable to purchaser for it or for any proceeds therefrom.
TERMS OF PAYMENT This contract does not include fettering, material or workmanship
Made Payable to Superior Design Monument Co. except as stated on this contract.
CONTRACT PRICE ................. $
OTHER ..... ............................... $
TOTAL ........................ $
PAYMENT . ............................... $
OTHER ..... ............................... $
BALANCE . ............................... $
SALESMAN
Additional work on monument (ie: final date, added names, design
etc.) at a later date will have an additional charge.
A major change in design work may include an additional charge
and completion time.
It is mutually understood that there is no agreement regarding this
order other than contained on this contract.
Execution of this contract is contingent upon strikes, fire or accidents
beyond our control.
Ae- rN=crrCr%. oinkirrm MA" "
MONUMENT INFRASTRUCTURE MAINTENANCE AGREEMENT
THIS MONUMENT INFRASTRUCTURE MAINTENANCE AGREEMENT ( "Monument
Agreement ") is made and entered into this day of September, 2011, by and between the CITY OF
WINTER SPRINGS, a Florida municipal corporation ( "City "), and the TUSCAWILLA
HOMEOWNERS' ASSOCIATION, INC., a Florida non - profit corporation ( "THOA ").
WITNESSETH:
WHEREAS, the THOA donated two flagpoles, two American flags and related lighting system
( "Flagpole Infrastructure ") to the City to be installed (a) near the rear entrance of the Tuscawilla Planned
Unit Development, in the eastern end of the Winter Springs Boulevard median located just west of the
intersection of Seneca Boulevard and Winter Springs Boulevard and (b) in the median of the main entrance
of the Tuscawilla Planned Unit Development, located at the intersection of Tuscawilla Road and Winter
Springs Boulevard; and
WHEREAS, the THOA desires to install and maintain two granite monuments as depicted in
Attachment "A" ( "Monuments ") to compliment the Flagpole Infrastructure installed within the medians
(a) at the rear entrance of Tuskawilla pursuant to the Flagpole Infrastructure Maintenance Agreement,
dated January 25, 2010, and (b) at the main entrance of Tuskawilla pursuant to the Flagpole Infrastructure
Maintenance Agreement dated November 23, 2009, (together the "Flagpole Agreements "); and
WHEREAS, at the September 12, 2011, City Commission meeting, the City Commission
authorized the Monuments to be installed in the medians with the condition that the THOA install and
maintain the Monuments; and
WHEREAS, the City and the THOA desire to memorialize the aforesaid condition by entering into
this Agreement; and
NOW, THEREFORE, in consideration of mutual covenants and other good and valuable
considerations, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as
follows:
1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by
this reference.
2. Installation and Maintenance of Monuments.
The City authorizes the THOA to install the Monuments in the aforementioned medians provided
the THOA agrees to provide any and all maintenance of the Monuments deemed reasonably necessary by
the City. The exact locations of the Monuments near the flagpoles in the medians shall be confirmed by
the City prior to installation by the THOA. Maintenance shall include, but not be limited to, labor and
MONUMENT INFRASTRUCTURE MAINTENANCE AGREEMENT
City of Winter Springs / Tuscawilla Homeowners' Association, Inc.
Page 1 of 3
materials for maintaining the Monuments and repairing or replacing worn or damaged Monuments.
3. Term of this Agreement. This Agreement shall remain in full force and effect until
terminated by either party. Either party may terminate this Agreement by providing the other party with
at least thirty (30) days written notice. Upon the termination date, the THOA shall be responsible for
removing the monuments from the medians unless otherwise mutually agreed to by the parties in writing.
4. Governing Law and Venue This Agreement shall be construed and enforced in
accordance with the laws of the State of Florida. The parties further agree that in any dispute between them
relating to this Agreement, exclusive jurisdiction shall be in the trial courts located in Seminole County,
Florida, for state actions, and Orlando, Florida, for federal actions. Any objections as to jurisdiction or
venue in such courts being expressly waived.
5. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or
benefits to anyone other than the City and the THOA.
6. Attorney's Fees. Should either party bring an action to enforce any of the terms of this
Agreement, each party shall bear their own attorneys' fees and costs.
7. Sovereign Immunity. Notwithstanding any other provision set forth in this Agreement,
nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign
immunity under Section 768.28, Florida Statutes, or other limitations imposed on the City's potential
liability under state or federal law. As such, the City shall not be liable under this Agreement for punitive
damages or interest for the period before judgment. Further, the City shall not be liable for any claim or
judgment, or portion thereof, to any one person for more than one hundred thousand dollars ($100,000.00),
or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid
by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the
sum of two hundred thousand dollars ($200,000.00). This paragraph shall survive termination of this
Agreement.
8. Responsibilities of the Parties. Each party shall be responsible and liable for their own acts
and omissions and the acts and omissions of their respective officers, employees, and agents in performing
their respective obligations hereunder.
[Signature Page Follows]
MONUMENT INFRASTRUCTURE MAINTENANCE AGREEMENT
City of Winter Springs / Tuscawilla Homeowners' Association, Inc.
Page 2 of 3
IN WITNESS WHEREOF the parties have hereunto set their hands and seals on the day first
above written.
CITY OF WINTERS SPRINGS, a Florida
municipal corporation.
Kevin L. Smith, City Manager
Date:
TUSCAWILLA HOMEOWNERS'
ASSOCIATION, INC., a Florida non - profit
corporation.
Pam Carroll, President
Date:
MONUMENT INFRASTRUCTURE MAINTENANCE AGREEMENT
City of Winter Springs / Tuscawilla Homeowners' Association, Inc.
Page 3 of 3
MONUMENT INFRASTRUCTURE MAINTENANCE AGREEMENT
THIS MONUMENT INFRASTRUCTURE MAINTENANCE AGREEMENT ( "Monument
Agreement ") is made and entered into this 14th day of September, 2011, by and between the CITY OF
WINTER SPRINGS, a Florida municipal corporation ( "City "), and the TUSCAWILLA
HOMEOWNERS' ASSOCIATION, INC., a Florida non - profit corporation ( "THOA ").
WITNESSETH:
WHEREAS, the THOA donated two flagpoles, two American flags and related lighting system
( "Flagpole Infrastructure ") to the City to be installed (a) near the rear entrance of the Tuscawilla Planned
Unit Development, in the eastern end of the Winter Springs Boulevard median located just west of the
intersection of Seneca Boulevard and Winter Springs Boulevard and (b) in the median of the main entrance
of the Tuscawilla Planned Unit Development, located at the intersection of Tuscawilla Road and Winter
Springs Boulevard; and
WHEREAS, the THOA desires to install and maintain two granite monuments as depicted in
Attachment " A " ( "Monuments ") to compliment the Flagpole Infrastructure installed within the medians
(a) at the rear entrance of Tuskawilla pursuant to the Flagpole Infrastructure Maintenance Agreement,
dated January 25, 2010, and (b) at the main entrance of Tuskawilla pursuant to the Flagpole Infrastructure
Maintenance Agreement dated November 23, 2009, (together the "Flagpole Agreements "); and
WHEREAS, at the September 12, 2011, City Commission meeting, the City Commission
authorized the Monuments to be installed in the medians with the condition that the THOA install and
maintain the Monuments; and
WHEREAS, the City and the THOA desire to memorialize the aforesaid condition by entering into
this Agreement; and
NOW, THEREFORE, in consideration of mutual covenants and other good and valuable
considerations, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as
follows:
1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by
this reference.
2. Installation and Maintenance of Monuments.
The City authorizes the THOA to install the Monuments in the aforementioned medians provided
the THOA agrees to provide any and all maintenance of the Monuments deemed reasonably necessary by
the City. The exact locations of the Monuments near the flagpoles in the medians shall be confirmed by
the City prior to installation by the THOA. Maintenance shall include, but not be limited to, labor and
MONUMENT INFRASTRUCTURE MAINTENANCE AGREEMENT
City of Winter Springs / Tuscawilla Homeowners' Association, Inc.
Pagel of 3
materials for maintaining the Monuments and repairing or replacing worn or damaged Monuments.
3. Term of this Agreement. This Agreement shall remain in full force and effect until
terminated by either party. Either party may terminate this Agreement by providing the other party with
at least thirty (30) days written notice. Upon the termination date, the THOA shall be responsible for
removing the monuments from the medians unless otherwise mutually agreed to by the parties in writing.
4. Governing Law and Venue This Agreement shall be construed and enforced in
accordance with the laws of the State of Florida. The parties further agree that in any dispute between them
relating to this Agreement, exclusive jurisdiction shall be in the trial courts located in Seminole County,
Florida, for state actions, and Orlando, Florida, for federal actions. Any objections as to jurisdiction or
venue in such courts being expressly waived.
5. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or
benefits to anyone other than the City and the THOA.
6. Attorney's Fees. Should either party bring an action to enforce any of the terms of this
Agreement, each party shall bear their own attorneys' fees and costs.
7. Sovereign Immunity. Notwithstanding any other provision set forth in this Agreement,
nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign
immunity under Section 768.28, Florida Statutes, or other limitations imposed on the City's potential
liability under state or federal law. As such, the City shall not be liable under this Agreement for punitive
damages or interest for the period before judgment. Further, the City shall not be liable for any claim or
judgment, or portion thereof, to any one person for more than one hundred thousand dollars ($100,000.00),
or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid
by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the
sum of two hundred thousand dollars ($200,000.00). This paragraph shall survive termination of this
Agreement.
8. Responsibilities of the Parties. Each party shall be responsible and liable for their own acts
and omissions and the acts and omissions of their respective officers, employees, and agents in performing
their respective obligations hereunder.
[Signature Page Follows]
MONUMENT INFRASTRUCTURE MAINTENANCE AGREEMENT
City of Winter Springs / Tuscawilla Homeowners' Association, Inc.
Page 2 of 3
IN WITNESS WHEREOF the parties have hereunto set their hands and seals on the day first
above written.
CITY OF WINTERS SPRINGS, a Florida
municipal corporation.
7
Sm' ,City Manager
Date: Se e>Alie 14, 2 011
TUSCAWILLA HOMEOWNERS'
ASSOCIATION, INC., a Florida non - profit
corporation. -
By: e— .I.t Q JI ld
Pam Carroll, President
Date: 1 3 4 7o ( I
MONUMENT INFRASTRUCTURE MAINTENANCE AGREEMENT
City of Winter Springs / Tuscawilla Homeowners' Association, Inc.
Page 3 of 3
ATTACHMENT A
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