HomeMy WebLinkAbout2016 02 22 Public Hearing 403 Ordinance 2016-06, First Reading, Southern Oaks Development AgreementCOMMISSION AGENDA
ITEM 403
REQUEST:
Informational
Consent
Public Hearings
X
Regular
February 22, 2016 KS KL
Regular Meeting City Manager Department
The Public Works Department requests the City Commission hold a public hearing for the
approval of: 1) a revised Development Agreement for Southern Oaks; and 2) first reading of
Ordinance 2016 -06 for conveyance of a 2 -acre parcel to Taylor Morrison of Florida, Inc.
SYNOPSIS:
Taylor Morrison previously received City approval to construct a dry retention pond on City
property located north of the proposed Southern Oaks subdivision. Based on requirements
of the St. Johns River Water Management District, the proposed terms and conditions of
Taylor Morrison's use of the City property have changed. This agenda item revises the
Developer's Agreement and includes first reading of Ordinance 2016 -06 to convey the 2-
acre dry retention pond parcel to Taylor Morrison.
CONSIDERATIONS:
. Southern Oaks is a single - family residential development by Taylor Morrison that is
proposed to be constructed partially in the City of Winter Springs and partially in the
City of Oviedo. The portion of the development that is proposed in Winter Springs
consists of 54 homes on 33.30 acres, and is located north of SR 434 and west of the
intersection of DeLeon Street and Cress Run.
At the March 10, 2014 City Commission meeting, the Commission approved a
request by Taylor Morrison to construct a dry retention pond to be located on City
owned property located to the north of the development (Solary Canal Regional
Stormwater Treatment Area). This approval allowed the engineer to lower the
Public Hearings 403 PAGE 1 OF 3 - February 22, 2016
proposed lots adjacent to Barrington Estates to within 1.5 - 2.5 feet of the existing lots
in Barrington Estates. Without this agreement, the new lots in Southern Oaks would
have been approximately 6 - 7 feet higher than those in Barrington Estates. In
addition, the agreement allows for a higher level of stormwater treatment.
. At the June 22, 2015 City Commission meeting, the Commission approved the Final
Engineering plans and a Developer's Agreement for Southern Oaks. The Developer's
Agreement included all terms and conditions for Taylor Morrison's proposed usage of
the City property, which included payment to the City in the amount of $125,000 for
the use of the City property.
The St. Johns River Water Management District purchased the 29 -acre Solary Canal
property in January 2005 for $1.82 million using "Florida Forever" state funds. In
January 2010, prior to construction of the Solary Canal Stormwater Treatment Area,
the District conveyed the 29 -acre property to the City by quit -claim deed. The quit-
claim deed included a reverter clause that requires the City to return the land to the
District if the City failed to construct, maintain, and operate the Stormwater
Treatment Area.
The District's legal department reviewed Taylor Morrison's proposed usage of the
City property and determined that the dry retention pond could not be constructed on
the 2 -acre area, as initially approved by the District's engineering staff, without a
partial release of the reverter clause covering the 2 -acre area over the proposed dry
retention pond. A partial release of the reverter requires reimbursement to the District
of the original purchase price of the land plus interest, which for the 2.02 -acre dry
retention pond now has a total cost of $195,555. This reimbursement is necessary
because the land was originally purchased by the District using Florida Forever
funds.
This agenda item includes a revised Developer's Agreement (Attachment 1) that
defines the new terms and conditions of Taylor Morrison's proposed use of the City
property, including:
• Taylor Morrison to pay the City $215,110.50, consisting of the original land
purchase price plus interest in the amount of $195,555 plus a 10% fee for
administration and acquisition of the City property.
• The City will submit payment to the District in the amount of $195,555 for
partial release of the reverter (Attachment 3)
• The District will release the reverter and enter into an agreement with the City
(Attachment 4) to reimburse the City for stormwater improvements to be
implemented over the next two years at the Solary Canal site and other
locations, subject to District approval, in the amount of up to $195,555.
• After the District releases the reverter and executes the agreement for
stormwater improvements, the City will convey the 2.02 -acre dry pond area to
Taylor Morrison.
Ordinance 2016 -06 (Attachment 2) is first reading for authorization of the
conveyance of the 2.02 -acre dry retention area from the City to Taylor Morrison. As
noted above, this conveyance will not occur until after the District has executed the
partial release of reverter and entered into the agreement for stormwater
improvements.
Public Hearings 403 PAGE 2 OF 3 - February 22, 2016
. Once the conveyance of the 2.02 -acre pond parcel is complete, Taylor Morrison can
proceed with sitework on the Winter Springs portion of the Southern Oaks
development.
FISCAL IMPACT:
The revised Developer's Agreement an d
impact consisting of a $19,555.50 cas h
stormwater improvements eligible for
Management District.
COMMUNICATION EFFORTS:
Ordinance 2016 -06 have a net positive fiscal
payment to the City plus up to $195,555 of
reimbursement by the St. Johns River Water
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, 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:
Staff recommends the City Commission approve the following items under separate
motions:
1) Revised Development Agreement for Southern Oaks
2) First Reading of Ordinance 2016 -06
ATTACHMENTS:
1. Attachment 1 -Southern Oaks Revised Developer's Agreement (16 pages)
2. Attachment 2 - Ordinance 2016 -06 (5 pages)
3. Attachment 3 - Partial Release of Reverter (3 pages)
4. Attachment 4 - Stormwater Project Agreement with SJRWMD (6 pages)
Public Hearings 403 PAGE 3 OF 3 - February 22, 2016
ATTACHMENT 1
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
Anthony A. Garganese
City Attorney
Garganese, Weiss & D'Agresta, PA
111 N. Orange Avenue, Suite 2000
PO Box 2873
Orlando, Florida 32802
407 - 425 -9566
DEVELOPER'S AGREEMENT
THIS DEVELOPER'S AGREEMENT (the "Agreement ") is made and executed this
day of , 201 -56, by and between the CITY OF WINTER SPRINGS, a
Florida municipal corporation (the "City "), whose address is 1126 East S.R. 434, Winter Springs,
Florida 32708, and TAYLOR MORRISON OF FLORIDA, INC., a Florida corporation
( "Taylor Morrison "), whose address is 151 Southhall Lake, Suite 200, Maitland, Florida 32751.
WITNESSETH:
WHEREAS, Taylor Morrison is the fee simple owner of (or has the contractual right to
purchase) certain real property located within the City in Seminole County, Florida and more
particularly described in Exhibit "A" attached hereto and incorporated herein by this reference
(the "Property "); and
WHEREAS, Taylor Morrison intends to develop the Property as a single- family
residential community with fifty -four (54) units at a density of approximately 2.22 units per acre,
to be known as "Southern Oaks" (the "Project "); and
WHEREAS, pursuant to the approval of the City Commission on June 22, 2015, Taylor
Morrison desires to facilitate the orderly development of the Project on the Property as depicted
in that certain Final Engineering Plan for Southern Oaks Phase 2 prepared by Madden Civil
Engineering, dated February 4, 2015 (the "Plan ") and in compliance with the laws and
regulations of the City. All lot references herein shall refer to the lot numbers as shown on the
Plan; and
WHEREAS, the City Commission has recommended entering into this Agreement with
Taylor Morrison for the development of the Project; and
WHEREAS, in addition to Taylor Morrison's compliance with the City's Code of
Ordinances (the "Code" or "City Code "), permitting and construction not in conflict herewith,
the City and Taylor Morrison desire to set forth the following special terms and conditions with
respect to the development and operation of the Project.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties mutually agree as follows:
{Final v. 3.0}
I . Recitals. The foregoing recitals are true and correct and are hereby incorporated
herein by this reference.
2. Authority. This Agreement is entered into pursuant to the Florida Municipal
Home Rule Powers Act.
3. Obligations and Commitments. In consideration of the City and Taylor
Morrison entering into this Agreement, the City and Taylor Morrison hereby agree as follows:
(a) Approval of Plan. The City hereby acknowledges and agrees that the Plan
is acceptable and was duly approved by the City Commission in compliance with the
laws and regulations of the City. A copy of the Plan shall be maintained on file at City
Hall and is hereby fully incorporated herein by this reference. The Plan may be amended
by mutual agreement, from time to time, without requiring an amendment to this
Agreement provided the Plan amendment is not inconsistent with the terms and
conditions set forth herein. If any such Plan amendment is inconsistent with any
provision of this Agreement, then an amendment to this Agreement will be required in
conjunction with the Plan amendment to achieve consistency between this Agreement
and the Plan.
(b) Utilities. The City hereby acknowledges and agrees that it currently has
sufficient water and sewer treatment plant capacity available to service the Property and
shall provide such services to the Project as depicted in the Plan. Taylor Morrison shall
install a four (4 ") inch sanitary force main, to extend approximately 720 linear feet from a
planned on -site lift station to the existing stub out located between lots 67 and 68 at the
rear of said lots, to serve the Property. All water and sewer improvements required on-
site and off -site to service the Property shall be at Taylor Morrison's expense. However,
to the extent any other properties utilize the force main constructed by Taylor Morrison,
they will reimburse Taylor Morrison their prorated share of the cost of the force main
prior to construction commencement. The owner will not be required to install additional
infrastructure for irrigation distribution. Irrigation for lots will be supplied from the City
of Winter Springs potable water main installed by Taylor Morrison, as shown on the
Plan. In the event that reclaimed water becomes available, the City has the option to
install a reclaimed water distribution system and to require connection to the reclaimed
water system for irrigation.
(c) Code Waivers. Based on the Plan and Taylor Morrison's agreement to the
terms and conditions set forth herein, the City Commission granted the following waivers
to the Code pursuant to the waiver criteria enumerated in Section 20 -34(d) in conjunction
with its approval of the Plan:
(i) Section 20- 451(f)(2)- Separation of towers from off -site uses used
to calculate maximum tower height- A waiver was granted to Section 20-
451(f)(2) to allow lots 61 through 64 as depicted on the Plan to be 92 -feet from
the tower base.
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(ii) Section 20 -165- Building Area Regulations- a waiver was granted
to allow Lots 90, 91, 94 and 95 as depicted on the Plan to have a minimum width
of 70 -feet at the building line.
(iii) Section 9- 127(c)- Corner Lots- a waiver was granted to allow lots
89, 92, 93 and 96 as depicted on the Plan to be 85 -feet in width at the building
line.
Taylor Morrison acknowledges and agrees that any deviation from the Code not
specifically enumerated in paragraph (c) above shall require separate City Commission
approval in accordance with the waiver and /or special exception application procedure, as
applicable, and the criteria set forth in the Code. In the event that this Agreement is
terminated, the waivers specified in this Section shall also be deemed automatically
terminated upon such termination.
(d) Formation of Homeowners' Association. Taylor Morrison hereby
acknowledges and agrees that it intends to form a mandatory homeowners' association
(the "Homeowners' Association ") for purposes of maintaining any and all common areas,
landscaping, entrance signs, walls, fences, alleys, recreational areas and stormwater
drainage facilities associated with the Project. A separate Declaration of Covenants,
Conditions and Restrictions (the "Declaration ") will be executed and recorded among the
Public Records of Seminole County, Florida to evidence the formation of the
Homeowners' Association and establish its rights, duties and obligations. The Declaration
shall be in a form acceptable to the City Attorney and shall require the Homeowners'
Association, and the members thereof to be bound by the terms and conditions of this
Agreement.
(e) Buffer Walls and Fences. Notwithstanding the requirements of Section 20-
417 of the Code, Taylor Morrison shall install a six (6) foot tall brick wall in an easement
along the rear portion of all lots along the northeast boundary line of the Property. The
foregoing wall shall be erected as soon as reasonably practical and prior to any permanent
vertical construction of lots 76 through 88 as depicted on the Plan.
(f) Signage. The City hereby acknowledges and agrees that Taylor Morrison
shall have the right, upon the full execution of this Agreement, to erect on -site
construction signs, marketing signs and temporary signs (including up to two (2)
"banner" signs) as described in Section 16 -87 of the Code, in locations reasonably
acceptable to the City, which signs shall be permitted to remain for a period of nine (9)
months from the date hereof. Taylor Morrison shall thereafter have the right to erect
permanent Project identification signage at the main entrance to the Project, as shown on
Sheets LA -2 and LA -3 of the Plan. The City hereby acknowledges and agrees that the
Property shall not be subject to the day limitation on the erection of temporary "banner"
signs as provided in Section 16 -87 of the Code. Taylor Morrison and its successors and
assigns shall maintain all of the signs erected pursuant to this Section 3(f) in a good
condition and state of repair, or such signs shall be immediately removed or repaired
upon written notice from the City.
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(g) Model Units /Sales Office. Prior to the recording of the final plat, the City
agrees to permit Taylor Morrison to construct model units under the following
conditions:
(i) The model area shall include no more than six (6) lots north of SR
434 and Taylor Morrison anticipates the model units being constructed on lots 43
through 48 as depicted on the Plan.
(ii) The model units shall remain under Taylor Morrison's ownership
and control until such time as the final plat is recorded by the City and a final
certificate of occupancy for each unit is issued under the conditions set forth
below. In other words, Taylor Morrison shall not contract for sale, sell, or lease
any of the individual model units until such time as the City approves and records
the final plat for the Project and issues a final certificate of occupancy for each
unit.
(iii) Vertical construction on the model units shall not commence until
stabilized access and fire protection is available.
(iv) Prior to the model unit construction, the model units shall be duly
permitted by the City in accordance with all City Codes. As part of the building
permit application, Taylor Morrison shall submit, along with all construction
plans for the units, a duly certified boundary survey which shall depict the
location and legal description of each individual model lot. Taylor Morrison
acknowledges and agrees that this legal description is intended to coincide with
the eventual location of the lots as depicted and legally described on the final plat.
Taylor Morrison assumes full and complete responsibility and liability in the
event that said legal descriptions do not conform to the lot lines required by the
City in final plat.
(v) At such time the City Building Official completes and approves a
final inspection of the model units, the City will issue a temporary certificate of
occupancy for each individual unit. Occupancy of the model units shall be limited
to the sale and marketing efforts for the Project. In addition, Taylor Morrison
shall have the right to utilize one garage in a model unit as a temporary sales
office.
(vi) At the request of Taylor Morrison or at such time the Project
development is completed, whichever occurs sooner, Taylor Morrison shall file a
re- conversion permit application requesting that the model units be converted into
permanent residential units and the City shall issue individual certificates of
occupancy for each model unit; provided, however, the final plat is approved and
recorded by the City and the City Building Official determines that the units are
suitable for permanent residential occupancy and in compliance with the City
Codes.
{Final v. 3.0} 4
(h) Conservation Area. A 9.77 acre Conservation Area is proposed over the
existing wetland and Conservation Overlay area, as shown on the Plan. A 25 -foot
average upland buffer is to be maintained around the perimeter of the Conservation Area.
(i) Platting. Taylor Morrison shall be required to plat the Property in
accordance with Section 9 -75 of the Code. Taylor Morrison shall submit a proposed
lighting plan to the City contemporaneously with its submittal of the proposed plat,
unless the applicable information is received from Progress Energy in time to submit
such plan at the time final engineering plans are submitted.
0) Wetlands. The City hereby acknowledges and agrees that Taylor Morrison
has sufficiently addressed the City's Comprehensive Plan requirements with respect to
wetland impacts and preservation.
(k) Recreational Area. Taylor Morrison shall be required to provide
recreational areas within the Project in accordance with the Plan.
(1) Stormwater Pond Located to the North of the Project. At the effective date
of this Agreement, tT-he City owns 2.0168 acres, more or less, of real 4+e property
adjacent to the Project, as described in EXHIBIT "B ", which is incorporated herein by
reference ( "Dry Pond No. 2 Property "). The Dry Pond No.2 Property is currently subject
to a reversionary interest in favor of the St. Johns River Water Management District
( "District ") as set forth in the Quit -Claim Deed recorded in ORB 7357, Pgs 0462 -0465
( "Reversionary Interest "). In order to facilitate the development of the Project and
provide enhanced stormwater treatment from the Project as set forth in subsection
(3)(1)(vi) below, the City agrees to convey the Dry Pond No. 2 Property to Taylor
Morrison under the following terms and conditions: On Mar-eh 10, 2 2014, the G4Y
(i) Within fourteen (14) days of the effective date of this Agreement,
Taylor Morrison agrees to advance pay the City the purchase price of the Dry
Pond No. 2 Property in the amount of Two Hundred Fifteen Thousand One
Hundred Ten and 50 /100 Dollars ($215,110.50). Payment shall be by check,
made payable to the City of Winter Springs. The City will hold the funds in
escrow pending the closing referenced below. If the ordinance required under
subsection (3)(1)(ii) below is not adopted by the City Commission, the City will
refund the purchase price to Taylor Morrison and the parties shall promptly meet
to determine whether this Agreement can be modified and if such modification is
not mutually agreed to, either party may terminate this Agreement without penalty
or further obligation under this Agreement.
(ii) Upon receipt of the purchase price, the City agrees to publicly
advertise and consider at the next regularly scheduled City Commission meeting,
the final adoption of an ordinance authorizing the conveyance of the Dry Pond
No. 2 Property in accordance with the requirements of the Winter Springs City
Charter. The conveyance authorized by the ordinance will be subject to several
{Final v. 3.0} 5
conditions including(a) the City obtaining an executed Partial Release of the
Reversionary interest from the District releasing the Dry Pond No. 2 Property
from the Reversionary Interest, (b) the District executing a funding agreement
with the City to make stormwater treatment improvements at the Solary Canal
Stormwater Site, and (c) the conveyance being subject to the terms and conditions
of this Agreement. Upon the effective date of this Agreement, the City will use its
best efforts to have the District deliver the executed Partial Release and funding
agreement delivered to the City Attorney's office in escrow in order to expedite
the closing required by this Agreement.
(iii) The conveyance will be by quit -claim deed within sixty (60) days
of the effective of the ordinance adopted by the City Commission under
subparagraph 3)(1)(ii) of this Agreement. However, if the conveyance conditions
required to be set forth in the ordinance pursuant to subsection (3)(1)(ii) are not
fully satisfied, the City will refund the purchase price to Taylor Morrison and the
parties shall promptly meet to determine whether this Agreement can be modified
and if such modification is not mutually agreed to, either party may terminate this
Agreement without penalty or further obligation under this Agreement.
(iv) Upon adoption of the aforesaid ordinance by the City Commission,
Taylor Morrison shall be responsible for the closing and preparing closing
documents, and shall bear all closing costs except the City shall be responsible for
the City's own attorney's fees. Closing documents must be in a form acceptable
to the City Attorney and City Manager.
(v) Taylor Morrison shall use the Dry Pond No. 2 Property for
stormwater and drainage purposes and shall also be permitted to use said property
for a passive recreational amenity such as walking trail related to the Project,
provided such amenities do not interfere with the stormwater and drainage
function of the pond or the Solary Canal Stormwater Project owned and managed
by the City on the adjacent real property to the north. Prior to build -out of the
Project, Taylor Morrison shall convey the Dry Pond No. 2 Property to the
Homeowner's Association for future maintenance as common area as reauired by
Section 3(d) of this Agreement.
(i) vi The pond and drainage improvements constructed on the Dry
Pond No. 2 Property by Taylor Morrison must meet Outstanding Florida Water
( "OFW ") stormwater treatment criteria with approval by the St. Johns River
Water Management District (" SJRWMD ");
..... .....
{Final v. 3.0}
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(m) Stormwater Pond Located on Tract C ( "Wet Pond No. 1 "). The City
agrees to permit Taylor Morrison to commence and complete construction of the
Stormwater Pond described as Wet Pond No. 1 on the Plans in conjunction with the
portion of the Project that is located within the jurisdictional limits of the city of Oviedo.
Such authorization is conditioned upon Taylor Morrison posting and maintaining a
performance bond, in favor of the City and in the amount of $103,441.36, guaranteeing
the completion of the Wet Pond No. 1, which shall be released upon issuance of a
certificate of completion for Wet Pond No. 1 by the City.
(n) Minimum Lot Size. All lots on the Plan shall be required to maintain a
minimum lot size of 8,000 square feet.
(o) Other Code Deviations. Excluding the deviations from the Code which are
addressed in paragraph (c), Taylor Morrison acknowledges and agrees that the
only other deviations from the City's Code authorized by this Agreement are:
(i) The posting of banner signs in the manner provided in paragraph
3 (f).
(ii) Permission to construct model homes prior to the recordation of
the final plat as set forth in paragraph 3(g).
Any other deviations from the City's Code shall require separate approval from the City
Commission.
4. Representations of the Parties. The City and Taylor Morrison hereby each
represent and warrant to the other that it has the power and authority to execute, deliver and
perform the terms and provisions of this Agreement and has taken all necessary action to
authorize the execution, delivery and performance of this Agreement. This Agreement will,
when duly executed and delivered by the City of Taylor Morrison and recorded in the Public
Records of Seminole County, Florida, constitute a legal, valid and binding obligation enforceable
against the parties hereto and the Property in accordance with the terms and conditions of this
Agreement. Taylor Morrison represents that it has voluntarily and willfully executed this
Agreement for purposes of binding the Property and the Homeowners' Association, and the
members thereof, to the terms and conditions set forth in this Agreement.
{Final v. 3.0}
5. Assignment by Grantee. Grantee from time to time shall be entitled to transfer
its rights and obligations under this Agreement to the Homeowners' Association. In order to be
effective, said transfer shall be evidenced by an assignment and assumption agreement by which
Grantee assigns to the Homeowners' Association the rights and obligations of Grantee under this
Agreement, and the Homeowners' Association accepts, assumes, and agrees to perform the said
subject rights and obligations. To be effective, an assignment and assumption agreement shall be
recorded in the Public Records of Seminole County, Florida, and after said assignment and
assumption is recorded, Grantee shall automatically be relieved of all obligations and liabilities
accruing on and after such assignment and assumption. This provision shall not be construed or
interpreted as absolving or relieving Taylor Morrison of any obligations and liabilities that
accrued prior to such assignment and assumption. Such prior obligations and liabilities shall
remain the responsibility of Taylor Morrison.
6. Successors and Assigns. This Agreement shall automatically be binding upon
and shall inure to the benefit of the City and Taylor Morrison and their respective successors and
assigns including, but not limited to, the Homeowners' Association and the members thereof.
The terms and conditions of this Agreement similarly shall be binding upon the Property and
shall run with title to the same.
7. Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida.
8. Amendments. This Agreement shall not be modified or amended except by
written agreement duly executed by both parties hereto (or their successors or assigns) and
approved by the City Commission.
9. Entire Agreement. This Agreement supersedes any other agreement, oral or
written, and contains the entire agreement between the City and Taylor Morrison as to the
subject matter hereof.
10. 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.
11. Relationship of the Parties. The relationship of the parties to this Agreement is
contractual and Taylor Morrison 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.
12. 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 the state and federal law.
13. City's Police Power. Taylor Morrison agrees and acknowledges that 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.
{Final v. 3.0} 8
14. 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 to this Agreement in the event of a dispute between the parties.
15. Permits. The failure of this Agreement to address any particular City, county,
state, and /or federal permit, condition, term, or restriction shall not relieve Taylor Morrison or
the City of the necessity of complying with the law governing said permitting requirements,
conditions, term, or restriction.
16. 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.
17. Specific Performance. Strict compliance shall be required with each and every
provision of this Agreement. The parties agree that failure to perform the obligations provided by
this Agreement shall result in irreparable damage and that specific performance of these
obligations may be obtained by a suit in equity.
18. Attorney's Fees. In connection with any arbitration or litigation arising out of this
Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs
through all appeals to the extent permitted by law.
19. Development 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 /or
Federal permit, condition, term or restriction shall not relieve Taylor Morrison or the City of the
necessity of complying with the law governing said permitting requirement, condition, 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 if Taylor Morrison is in breach of any term or condition of this Agreement.
20. Termination. The City shall have the unconditional right, but not the obligation,
to terminate this Agreement, without penalty, if Taylor Morrison fails to apply for and to obtain
infrastructure permits for roads, sidewalks, water, sewer, utilities and perimeter fencing, and to
re- commence construction of the Project within three (3) years of the effective date of this
Agreement. Before the City terminates this Agreement for the reasons described above, the City
shall first provide Taylor Morrison a Notice of its intention to terminate, and permit Taylor
Morrison to provide proof of its compliance with these terms within 30 days of its receipt of
Notice. In the event Taylor Morrison is unable to provide satisfactory proof of its compliance
with these terms, this Agreement shall be deemed automatically terminated and the City may
record, without objection or interference from Taylor Morrison, a notice of termination in the
public records of Seminole County, Florida. In addition, the City and Taylor Morrison may
terminate this Agreement by mutual written agreement and upon such termination, the City shall
record a notice of termination in the public records of Seminole County, Florida.
21. 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
{Final v. 3.0} 9
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.
Taylor Morrison Taylor Morrison of Florida, Inc.
Attn: Chris Tyree
151 Southhall Lane
Suite 200
Maitland, Florida 32751
Phone: (321) 397 -7526
Fax: (321) 397 -9113
With a copy to: Christopher Roper, Esq.
Akerman LLP
420 South Orange Avenue
12th Floor
Orlando, Florida 32801
(407) 423 -4000
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, Esq.
Garganese, Weiss & D'Agresta, P.A.
111 N. Orange Ave, Suite 2000
Orlando, Florida 32801
Phone: (407) 425 -9566
Fax: (407) 425 -9596
22. Effective Date
(a) This Agreement shall become effective upon approval of the Agreement
by the City Commission and upon full execution by both parties hereto. All prior City
Developer's Agreements recorded in the Official Records of Seminole County, Florida
upon the Property shall remain binding upon the Property until terminated by the City by
recording a recordable instrument expressing the City's desire to so terminate. Nothing
herein shall be construed as the City abrogating, waiving, or releasing any rights the City
may have against prior developers or sureties under or through any prior developer's
agreements recorded against the Property, or as abrogating, waiving, or releasing any
rights or claims that the City may have against any surety that previously provided the
{Final v. 3.0} 10
City with a bond or letter of credit as a result of any prior development project approved
by the City for the Property.
(b) Upon execution of this Agreement by the parties, the original Agreement
shall be delivered to the City Attorney who shall record the Agreement in the Official
Records of Seminole County, Florida. The Agreement shall be recorded against the
Property legally described on Exhibit "A" and the Dry Pond No. 2 Property legally
described on Exhibit "B" and shall be deemed a binding covenant running with the land.
The City and Taylor Morrison agree to indemnify and hold harmless the City Attorney in
recording the Agreement and if applicable, the performance of the written escrow
instructions received by the City Attorney and set forth in this Agreement. Upon
recordation of this Agreement, the Agreement shall be deemed binding upon and shall
run with the Property.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the
date first above written.
ATTEST:
IM
Andrea Lorenzo Luaces, City Clerk
CITY SEAL
STATE OF FLORIDA
COUNTY OF SEMINOLE
CITY OF WINTER SPRINGS
wo
Charles Lacey, Mayor
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of Winter
Springs, Florida, only.
Dated:
Anthony Garganese, City Attorney for the
City of Winter Springs, Florida
Personally appeared before me, the undersigned authority, Charles Lacey and Andrea
Lorenzo Luaces, well known to me to be the Mayor and City Clerk respectively, of the City of
Winter Springs, Florida, and acknowledged before me that they executed the foregoing
{Final v. 3.0} 11
instrument on behalf of the City of Winter Springs, as its true act and deed, and that they were
duly authorized to do so.
Witness my hand and official seal this
(NOTARY SEAL
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF ORANGE
day of , 2016.
Notary Public
My commission expires:
TAYLOR MORRISON OF FLORIDA, INC., a
Florida corporation
By
Name:
Title:
Date: , 201 -56
The foregoing was acknowledged before me this day of , 201 -56
by , in his /her capacity as of Taylor Morrison of
Florida, Inc., a Florida corporation, on behalf of said corporation, and who [ ] is personally
known to me or [ ] who has produced a Florida driver's license as identification.
My Commission Expires: NOTARY PUBLIC
{Final v. 3.0} 12
EXHIBIT "A"
Legal Description
{Final}
A PART OF THE SOUTHWEST 114 OF THE NORTHWEST 114 OF SECTION 3, TOWNSHIP 21 SOUTH,
RANGE 31 EAST, SEMINOLE COUNTY, FLORIDA AND PART OF LOTS 19,20 $ FLORIDA AVENUE,
MAP OF THE VAN ARSDALE OSBOURNE BROKERAGE COMPANYS ADDITION TO BLACK
HAMMOCK, ACCORDING TO PLAT BOOK 1, PAGE 31, PUBLIC RECORDS OF SEMINOLE COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE WEST 114 CORNER OF SAID SECTION 3; THENCE N.00 °29'25 "W., ALONG THE
WEST LINE OF= SAID SOUTHWEST 1/4, A DISTANCE OF 1,329.57 F=EET; THENCE N.89 039'16 "E., A
DISTANCE OF 660,31 FEET; THENCE S.00 °29'27 "E., A DISTANCE OF 1,020.60 FEET; THENCE
N.89 °40'28 "E., A DISTANCE OF 635.30 FEET; THENCE S.00 029'49 "E., A DISTANCE OF 309.49 FEET;
THENCE S,89 °41'15 "W., A DISTANCE OF 35.00 FEET; THENCE S.00 °26'19 "E., A DISTANCE OF 25.00
FEET; THENCE N.89 041'15 "E., A DISTANCE= OF 35,00 FEET; THENCE S.00 °26'19 "E., A DISTANCE OF
617.77 FEET; THENCE S.89 °26'17 "W., A DISTANCE OF 476.37 FEET TO THE POINT OF CURVE OF A
NON TANGENT CURVE TO THE LEFT, OF WHICH THE RADIUS POINT LIES S.15 °28'18 "W., A RADIAL
DISTANCE OF 771.20 FEET; THENCE WESTERLY ALONG THE ARC AND NORTHERLY RIGHT -OF-
WAY LINE OF STATE ROAD 434, THROUGH A CENTRAL ANGLE OF 16 °02'01 ", A DISTANCE OF
215.81 FEET; THENCE S.89 °26'17 "W„ ALONG THE NORTHERLY RIGHT -OF -WAY OF STATE ROAD
434, A DISTANCE OF 463,55 FEET; THENCE N,00 °34'02 "W., A DISTANCE OF 286.00 FEET; THENCE
S.87 °16'54 "W., A DISTANCE OF 66.11 FEET; THENCE N.72 °55'05 "W., A DISTANCE OF 59.18 FEET TO
THE EASTERLY RIGHT -OF -WAY OF BEACON STREET; THENCE N.00 °21'21 "W., ALONG SAID
EASTERLY RIGHT -OF-WAY, A DISTANCE OF 316.87 FEET; THENCE S.69 °41'15 "W., A DISTANCE OF
20,00 FEET TO THE POINT OF BEGINNING,
CONTAINING 1,840,198 SQUARE FEET OR 42.2451 ACRES, MORE OR LESS
LESS AND EXCEPT:
PART OF LOT 20, MAP OF THE VAN ARSDALE OSBOURNE BROKERAGE COMPANYS ADDITION TO
BLACK HAMMOCK, ACCORDING TO PLAT BOOK 1, PAGE 31, PUBLIC RECORDS OF SEMINOLE
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE WEST 114 CORNER OF SECTION 3, TOWNSHIP 21 SOUTH RANGE 31 EAST,
SEMINOLE COUNTY FLORIDA; THENCE N.89 °41'1 5 "E., ALONG THE EAST -WEST CENTER SECTION
LINE OF SAID SECTION 3, A DISTANCE OF 660.74 FEET; THENCE S.00 °22'02 "E., A DISTANCE OF
25.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 20 AND THE POINT OF BEGINNING;
THENCE N,89041'1 5"E., ALONG THE NORTH LINE OF SAID LOT 20, A DISTANCE OF 634.95 FEET TO
THE WEST RIGHT -OF -WAY LINE OF DELEON STREET BEING 25.00 FEET WESTERLY FROM THE
CENTERLINE OF SAID DELEON STREET; THENCE S.00 °26'19 "E., ALONG SAID WEST RIGHT -OF -WAY
LINE, A DISTANCE OF 617.77 FEET TO A POINT LYING 25.00 FEET NORTHERLY OF THE BASELINE
OF SURVEY OF DELEON STREET(HAMMOCK LANE)(FDOT SECTION 77070- 2520); THENCE
S,89 °26'17 "W., ALONG A LINE 25.00 FEET NORTHERLY AND PARALLEL OF SAID BASELINE, A
DISTANCE OF 476.37 FEET TO THE NORTH RIGHT -OF -WAY LINE OF STATE ROAD 434 PER SAID
FDOT SECTION AND BEING ON A NON TANGENT CURVE CONCAVE SOUTH, HAVING A RADIUS OF
771,20 FEET, A CHORD BEARING OF N.80 °32'50 "W., AND A CHORD DISTANCE OF 161.73 FEET;
THENCE WESTERLY ALONG SAID NORTH RIGHT -OF -WAY LINE, THROUGH A CENTRAL ANGLE OF
12 °02'15 ", AN ARC DISTANCE OF 162.02 FEET TO THE WEST LINE OF SAID LOT 20; THENCE
N.00 °22'02 "W., ALONG THE WEST LINE OF SAID LOT 20, A DISTANCE OF 592.41 FEET TO THE
POINT OF BEGINNING.
CONTAINING 390,673 SQUARE FEET OR 8.9686 ACRES, MORE OR LESS.
EXHIBIT
(32315328;1)
EXHIBIT "B"
Dry Pond No. 2
SATTCH AND DESCRIPTION
NOT A BOUNDARY SURVEY
DESCRIMON AS F10LW fS'
Tndt pert of tRe South 564.64 feei of the west 659.50 feet of the Nw 7f4 of the NW t14 of Section 3, Township
2T South, i7ange 3; Eosf, Semla❑te County, Florida, lying Nw•fh of boundary tine ogreemenf per Official Records
Rook 7555, Poge 1330. Pubik Records of Seminole County, F)nrida.
being mare parfioujorty described as follows:
Commence of the Wrist ;14 comer of Section J. Township 2T South, Rouge 37 East, Semirrore County, Ffarida;
thence N_0079'25"W, ofanq the west Pare of said Secton J, 4 dj f4nee of f,329.57 feet t4i the Spvthlwevt Corner
OF boundwy fine agreement Aer Offic"oj Records Book 7555, Pogo T33T, rubric Records of Semino +e COVnfy, Ffarfdo,
and the POhNT' OF BEGONMNG; therm- conGrtlie N,OO'29'25 W, 6009 sold West free. a distance of T8p,02 feet, thence
N.9b'b0'tk7'E., d distonce, df 134.00 feet td the point of curve of a non tangent curve to the heft, of which the
radrus paint dies N.49'45'49 "E_, o rndiot drstance of 2;6.69 feet. thence 5 ❑utheaster ;y along the arc, Opmugh a
centrot oe3gk of 27"40'37 , o distonce of 104-57 feet to the pofnt of curve of o non tangent curve to the left, of
wn;cn the radius point flea €7.15'39'36 "E., o rad;at distance of 719.64 feet; thence Eostery otang the arc, through a
central angle of ;T'34'5T' d distance of 220.82 feet to a paint of compound curve to [fie left having a reodra8 of
T90_47 feet and a cenN❑; ❑rq�e of 55'4722'- Chance Northeosterfy af❑ng the orc, ❑ distance of T85.40 feet, -
thence Nr9p'00'001 -, o d ;stance of 6'1%74 feet; thence 5,O0129'25'F„ o drSt4rtCe OF 177,47 feet to the boundary
tine per said boundary Jbie agreement; thence S.89'39'167W., along said boundary tine, a distonce of 659,60 feet to
the RWNT OF BEGfh NOW.,
Contafnfng 87,850 square feet or 2,0168 acres, mcw* or less,
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GRUSENMEYER — SCOTT & ASSOC., INC. — LAND SURVEYORS
1SEM - J3;m 4400 C CO Ot K DR. OftANOO4 F'L. 37907 (#07)- 277 -3232 FAT[ (407)- 638 - ;435
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PQ - POINr OF Cu RaT41F_ cc«t. r. QAWA1EN7 S40M 17F 71E LOrAT&Y OF W°99IOIDn FZRa.,' 54CLED 4V BE VRW TO
P.T. - rblllt d 11lIGtI1C'1' rlMl - Ilaa raTlxrxl2 IVIt li4' AECQASr WF EICtHARS LOES.
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{Final}
Non Ex,a„siye Easement ent A „a Use Ae,,,,,,,,,,,,, +6
{Final}
ATTACHMENT 2
ORDINANCE NO. 2016-06
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, AUTHORIZING
THE CITY PURSUANT TO SECTION 4.14 OF THE CITY OF
WINTER SPRINGS CHARTER TO CONVEY 2.0168 ACRES
OF REAL PROPERTY, MORE OR LESS, WHICH WAS
OBTAINED BY THE CITY OF WINTER SPRINGS FROM
THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
FOR STORMWATER PURPOSES; PROVIDING SAID
CONVEYANCE SHALL BE TO TAYLOR MORRISON OF
FLORIDA, INC. SUBJECT TO A DEVELOPER'S
AGREEMENT BETWEEN TAYLOR MORRISON OF
FLORIDA, INC. AND THE CITY WHICH GENERALLY
PROVIDES THAT THE SUBJECT PROPERTY WILL BE
USED FOR STORMWATER PURPOSES RELATED TO THE
DEVELOPMENT OF A SINGLE FAMILY HOME PROJECT
ADJACENT TO THE SUBJECT PROPERTY; PROVIDING
FOR A TERMINATION OF CONVEYANCE AUTHORITY
GRANTED HEREUNDER IF SAID CONVEYANCE IS NOT
COMPLETED PURSUANT TO THE TERMS AND
CONDITIONS OF THE DEVELOPER'S AGREEMENT;
AUTHORIZING THE CITY MANAGER AND CITY
ATTORNEY TO FINALIZE AND EXECUTE ANY
DOCUMENTS TO COMPLETE THE RELEASE OF
REVERTER AND FUNDING AGREEMENT WITH ST.
JOHNS WATER MANAGEMENT DISTRICT AS APPROVED
AND SET FORTH IN THIS ORDINANCE; PROVIDING FOR
SEVERABILITY, THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES, AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, on January 7, 2010, the City of Winter Springs ( "City ") obtained
approximately 28 acres of real property, more or less, from the St. Johns River Water Management
District ( "District") related to the construction of a regional stormwater project which is now
commonly known as the "Solary Canal Stormwater Project; and
WHEREAS, the aforesaid real property is subject to a deed covenant that requires the
property to be used for stormwater related improvements; and
Page 1 of 4
WHEREAS, a portion (2.0168 acre, more or less) of the aforesaid real property conveyed
to the City was not originally incorporated into the Solary Canal Stormwater Project; and
WHEREAS, the City Commission hereby finds that the City does not have a current need
to utilize the 2.0168 acres of real property for the Solary Canal Stormwater Project or for some other
stormwater purpose; and
WHEREAS, Taylor Morrison of Florida, Inc. desires to construct a single family home
development project adjacent to the aforesaid real property and has a current need to utilize the
2.0168 acres for a stormwater pond related to the development project; and
WHEREAS, the City Commission finds that Taylor Morrison of Florida, Inc.'s intended use
of the 2.0168 acres is consistent with the purpose of the original conveyance of the subject property
to the City and as such, the City Commission further finds that it is in the best interests of the
citizens of Winter Springs to permit Taylor Morrison of Florida, Inc. to utilize the 2.0168 acres of
real property for stormwater purposes under the terms and conditions of a Developer's Agreement
between Taylor Morrison of Florida, Inc. and the City, dated February 8, 2016; and
WHEREAS, the City Commission also finds that conveying the subject property to Taylor
Morrison of Florida, Inc. will serve a public purpose because said conveyance will not only provide
for enhanced stormwater treatment for the proposed development project using Outstanding Florida
Water stormwater treatment criteria with approval by the District, but it also provides an opportunity
for the City and the District to conduct additional maintenance and improvements to the Solary
Canal Stormwater Project; and
WHEREAS, in furtherance of the City Commission's findings, the City Commission hereby
determines that it is in the best interests of the City of Winter Springs to convey the 2.0168 acres
of real property, which is legally described herein, to Taylor Morrison of Florida, Inc. as provided
in this Ordinance; and
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this
reference.
Section 2. Sale of Real Property. The City Commission of the City of Winter Springs
hereby authorizes the City to sell and convey the real property legally described on EXHIBIT `W'
attached hereto to Taylor Morrison of Florida, Inc. EXHIBIT "A" is hereby deemed fully
incorporated herein by this reference. Said conveyance and subject real property shall be subject to
the terms and conditions of the Developer's Agreement between the City and Taylor Morrison of
City of Winter Springs
Ordinance No. 2016- 06
Page 2 of 4
Florida, Inc., dated February 8, 2016.
Section 3. Termination of Conveyance Authority. The conveyance authority granted
pursuant to Section 2 of this Ordinance shall automatically terminate if the conveyance of the subject
real property does not occur pursuant to the terms and conditions of the Developer's Agreement.
If said termination occurs, this Ordinance shall be deemed null and void and no longer effective.
Section 4. Agreements with District. In conjunction with the conveyance authorized
with the conveyance authorized by Section 2 of this Ordinance, the City Manager and City Attorney
are authorized to finalize and execute whatever documents are necessary to complete the release of
the reversionary interest referred to in the Developer's Agreement. In addition, the City Commission
hereby approves the Agreement Between the St. Johns River Water Management District and the
City of Winter Springs For Stonmwater improvements to the Solary Canal Stormwater Project in the
amount of $195,555 which was presented by City Staff to the City Commission during the adoption
of this Ordinance. Said Agreement is subject to completing the conveyance of the subject property
to Taylor Morrison of Florida, Inc. pursuant to the terms and conditions of the Developer's
Agreement.
Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 7. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City
Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the day of , 2016.
CHARLES LACEY, Mayor
ATTEST:
ANDREA LORENZO- LUACES, City Clerk
City of Winter Springs
Ordinance No. 2016 -06
Page 3 of 4
Approved as to legal form and sufficiency for
the City of Winter Springs only:
ANTHONY A. GARGANESE, City Attorney
First Reading:
Second Reading:
Effective Date:
City of Winter Springs
Ordinance No. 2016- 06
Page 4 of 4
EXHIBIT "A"
(Dry Pond Area)
SATTCII AjVD DESCRIPTION
NOT A BOUNDARY SURVEY
DESCRIPTION AS FOLLOWS:
That part of the South 564.64 feet of the West 659.60 feet of the NW 114 of the NW 1/4 of Section 3, Township
21 South, Range 31 East, Seminole County, Florida, lying North of boundary line agreement per Official Records
Book 7555, Page 1331, Public Records of Seminole County, Florida.
being more particularly described as follows:
Commence at the West 114 corner of Section 3, Township 21 South, Range 31 East, Seminole County, Florida;
thence N.00'29'25 "W., along the West line of said Section 3, a distance of 1,329.57 feet to the Southwest corner
of boundary line agreement per Official Records Book 7555, Page 1331, Public Records of Seminole County, Florida,
and the POINT OF BEGINNING; thence continue N.00'29'25 "W. along said West line, a distance of 180.02 feet; thence
N-90'00'001- a distance of 134.00 feet to the point of curve of a non tangent curve to the left, of which the
radius point lies N.49 °46'49 "E., a radial distance of 216.69 feet; thence Southeasterly along the arc, through a
central angle of 27 °40'37 ", a distance of 104.67 feet to the point of curve of a non tangent curve to the left, of
which the radius point lies N.15 °39'36 "F., a radial distance of 719.64 feet; thence Easterly along the arc, through a
central angle of 17'34'51", a distance of 220.82 feet to a point of compound curve to the left having a radius of
190.41 feet and a central angle of 55'47'22';' thence Northeasterly along the arc, a distance of 185.40 feet;
thence N.90'00'00 " E., a distance of 68.74 feet; thence S.00'2925 "E., a distance of 177.47 feet to the boundary
line per said boundary line agreement; thence 5.89'39'16 "W., along said boundary line, a distance of 659.60 feet to
the POINT OF BEGINNING.
Containing 87,851 square feet or 2,0168 acres, more or less.
REMAINDER
NW174, NW174
S 89'3a'S5° E
REC 4 .4 CM
1320.37'
NORTHWEST CORNER
SECTION 3- T215 -R31E
4.
REC NAIL & DISC
- FIELD
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= NAIL & DISK
= RIGHT -OF-WAY
N.R.
W.P.
(O CCUPIED} 660.3
EASEMENT
SOUTH LINE, NW 174, NW 174
SECTION 3- T27S -R31E
7�R
DRAIN.
UTIL
SOUTHWEST CORNER
OUNDARY LINE AGREEMENT
P.R.M.
F F.
R. BOOK 7555, PAGE 1337)
V�
P. 0. C.
B.S.L.
V
= WOOD FENCE
CONCRETE BLOCK
REC 4 iTCOR1
POINT OF CURVATU RE
I WEST 774 CORNER
� SEG710N 3- T215 -R31 E
OESC.
REMAINDER
NW174, NW174
SECTION 3- T21S -R3?E
P
N 90'00'00" E
z
68.74'
- FIELD
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in ,tio
a'p
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D
C
C.M.
CONCRETE MONUMENT
660.19'
SET I.R.
REC.
BOUNDARY LINE PER
P.O.L.
TYP,
BOVNOARY LINE AGREEMENT
- POINT OF BEGINNING
(O.R. BOOK 7555, PAGE 7331)
P.O.C.
Q
CURVE DELTA RADIUS LENGTH CHORD CHORD BEARING
CI 2740'37" 216.69' E 104.67' 1OJ.66' S 54'03'29°
C2 173451" 1 719.64' 1 220.82' 11 219.95' S 8307'48° E
C3 55'4722" 1 19041' 1 185.40' 1 178.16' N 60'11'05" E
GRUSENMEYER — SCOTT & ASSOC., INC. — LAND SURVEYORS
LEGEND -
LEGEND -
P
= PLAT
R
F
- FIELD
L
I.P.
I.R.
IRON PIPE
-IRON ROD
D
C
C.M.
CONCRETE MONUMENT
C.B.
SET I.R.
REC.
1/2" I.R. w / #LB 4596
= RECOVERED
P.O.L.
TYP,
P.O.B.
- POINT OF BEGINNING
P.R.C.
P.O.C.
Q
=POINT OF COMMENCEMENT
CENTERLINE
P.C.G.
RAD.
N &D
R/W
= NAIL & DISK
= RIGHT -OF-WAY
N.R.
W.P.
ESMT.
EASEMENT
CALC.
DRAIN.
UTIL
= DRAINAGE
UTILITY
P.R.M.
F F.
CL.FC.
CHAIN LINK FENCE
B.S.L.
WD.FC.
C/B
= WOOD FENCE
CONCRETE BLOCK
B.M.
B.B.
POINT OF CURVATU RE
CONC.
OESC.
POINT OF TANGENCY
DESCRIPTION
FIRM
ID,
SCALE:
NORTH
5400 E. COLONIAL DR, ORLANDO, FL. 32807 (407)- 277 -3232 FAX (407)- 658 -1436
= RADIUS CERTIFICATE OF AUTHORIZATION — LB 4596
ARC LENGTH
DE TA
CHORD
= CHORD BEARING
POINT ON LINE
TYPICAL
= POINT OF REVERSE CURVATURE
= POINT OF COMPOUND CURVATURE
RADIAL
NON- RA DIPL
WITNESS POINT
= CALCU IATED
PERMANENT REFERENCE MONUMENT
nNISHED FLOOR ELEVATION
BUILDING SETBACK LINE
BENCHMARK
= BASE BEARING
CONCRE E
ROOD INSURANCE RATE MAP
IDENTIFICATION
CERTIFIED BY:
JAMES W. SCOTT, R.L.S IT 4801
NOTES:
I- THE UNDERSIGNED DOES HEREBY CERTIFY THAT THIS SKETCH MEETS THE MINIMUM 7ECHN7CA1
STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER
N -17 FLORIDA ADMINISTRATIVE CODE,
2, UNLESS EMBOSSED WITH SURVEYOR'S SEAL, THIS SKETCH 1S NOT VALID AND IS PRESENTED FOR
INFORMATIONAL PURPOSES ONLY.
3. THIS SKETCH WAS PREPARED FROM TIRE INFORMATION FURNISHED TO THE SURVEYOR. THERE
MAY RE OTHER RESTRICTIONS OR EASEMENTS THAT AFFECT THIS PROPERTY.
4, NO UNDERGROUND IMPROVEMENTS HAVE BEEN LOCATED UNLESS OTHERWISE SHOWN.
5, THIS SKETCH IS PREPARED FOR THE SOLE BENEFIT OF THOSE CERTIFIED TO AND SHOULD NOT BE
RELIED UPON By ANY 07NER ENTITY,
6. DIMENSIONS SHOWN FOR THE LOCATION OF IMPROVEMENTS HEREON SHOULD NOT BE USED TO
RECONSTRUCT BOUNDARY LINES.
7. BEARINGS, IF SHOWN, ARE BASED ASSUMED DATUM AND ON THE LINE SHOWN AS BASE BEARING (8.8.)
8- ELEVATIONS, IF SHOWN, ARE BASED ON NGVD 1929, UNLESS OTHERWISE NOTED.
R.L.S. if DATE ORDER j
TOM X. GRUSENMEYER, R.L.S. if 4714 1 01 -13 -2015 1 Tab -15
SKETCH AND DESCRIPTION FOR /CERTIFIED TO: L R
OF FLORIDA, INC.
ATTACHMENT 3
Return recorded original to:
Office of General Counsel
St. Johns River Water Management District
4049 Reid Street / Highway 100 West
Palatka, FL 32177
CLERK: Please cross reference
OR Book 7357, Page 462
This instrument is exempt from state documentary stamp tax
pursuant to Rule 12B- 4.014(11), F.A.C., and section 201.02(6), F. S.
PARTIAL RELEASE OF REVERTER
This Partial Release of Reverter, is made this day of , 2016 by the
St. Johns River Water Management District, whose address is 4049 Reid Street, Palatka, FL
32177 (the "District "), at the request of the City of Winter Springs, (the "City ").
The District purchased real property from William Thomas Minter and James Edward
Minter individually and as successor Co- Trustees under Trust Agreement dated August 31, 1989,
known as the Mary M. Minter Revocable Trust; and William Thomas Minter and James Edward
Minter individually and as Successor Co- Trustees under Trust Agreement dated August 31, 1989,
known as the Clinton Edward Minter Trust; and William Thomas Minter, joined by his wife
Susan J. Minter; using funds from the State of Florida's Florida Forever program on January 12,
2005, as recorded on January 20, 2005, in Official Records Book 5587, Page 740, Public Records
of Seminole County, Florida (the "Minter Property").
Retaining a reversionary interest in all of the Minter Property (the "Reverter "), The District
donated the Minter Property to the City, for the purpose of constructing and operating a stormwater
treatment facility, by quit -claim deed on January 7, 2010, as recorded on March 31, 2010, in Official
Records Book 7357, Page 462, Public Records of Seminole County, Florida.
The City has requested and the District has agreed to release a portion of the Reverter over
slightly more than two acres of the southern part of the Minter Property
Accordingly, in consideration of the payment of one hundred ninety -five thousand five
hundred fifty -five and no /100 Dollars ($195,555) and other good and valuable consideration, the
receipt and sufficiency of which is specifically acknowledged, the District releases and quit - claims to
the City, that portion of the Reverter that encumbers the Minter Property as described in the attached
Exhibit A. The payment represents the principal ($127,009.57) and legal interest ($68,545.43) of the
portion of property described in Exhibit A. Said release and quit -claim shall not extend to any other
portion of the real property encumbered by the Reverter, and the Reverter shall otherwise remain in
full force and effect except, however, the full cost of the Property set forth in Section 4 of the
aforementioned quit -claim deed (ORB 7357, Page 462) shall be proportionately reduced by the
principal amount paid by the City for the partial release of Reverter and shall hereafter be
$1,692,990.50 ($1,820,000 — $127,009.57 = $ 1,692,990.43) .
To have and to hold the same unto the current fee owners, their successors and assigns
forever, freed, exonerated and discharged of and from the encumbrance and operation of that portion
of the Reverter as described in the attached Exhibit A.
The District, through the Chair of its Governing Board has signed this Partial Release of
Reverter on this day of 2016.
St. Johns River Water
Management District
Attest:
Charles Drake, Governing Board Secretary John A. Miklos, Governing Board Chair
STATE OF FLORIDA
COUNTY OF PUTNAM
The foregoing instrument was acknowledged before me this day of , 2016, by
John A. Miklos the Chair of the St. Johns River Water Management District, a public body
existing under Chapter 373, Florida Statutes, on behalf of the District. He is personally known to
me.
Notary Public, State of Florida
at Large.
My Commission Expires:
Serial No.
STATE OF FLORIDA
COUNTY OF PUTNAM
The foregoing instrument was acknowledged before me this day of , 2015, by
Charles Drake the Secretary of the St. Johns River Water Management District, a public body
existing under Chapter 373, Florida Statutes, on behalf of the District. He is personally known to
me.
Notary Public, State of Florida
at Large.
My Commission Expires:
Serial No.
2
EXHIBIT A
SKETCH AATD DESCRIPTION
NOT A BOUNDARY SURVEY
DESCRIPTION AS FOLLOWS:
That port of the South 564.64 feet of the West 659.60 feet of the NW 114 of the NW 114 of Section 3, Township
21 South, Range 31 East, Seminole County, Florida, lying North of boundary tine agreement per Official Records
Book 7555, Page 1331, Public Records of Seminole County, Florida.
being more particularly described as follows:
Commence at the West 1/4 corner of Section 3, Township 21 South, Range 31 East, Seminole County, Florida;
thence N.00'2925 "W., along the West line of said Section 3, a distance of 1,329.57 feet to the Southwest corner
of boundary line agreement per Official Records Book 7555, Page 1331, Public Records of Seminole County, Florida,
and the POiNT OF BEGINNING; thence continue N.00'29'25'W. along said West line, a distance of 180.02 feet; thence
N,90'00'00 E., a distance of 134.00 feet to the point of curve of a non tangent curve to the left, of which the
radius point lies N.49'46'49 "E., a radial distance of 216.69 feet; thence Southeasterly along the arc, through a
central angle of 27'40'37 ", a distance of 104.67 feet to the point of curve of a non tangent curve to the left, of
which the radius point lies N.15'3936 "E., a radial distance of 719.64 feet; thence Easterly along the arc, through a
central angle of 17'J4'51", a distance of 220.82 feet to a point of compound curve to the left having a radius of
190.41 feet and a central angle of 55'47'22° thence Northeasterly along the arc, a distance of 185.40 feet;
thence N.90'00'00 "E., a distance of 68,74 feet; thence S.00'2925 "E., a distance of 177.47 feet to the boundary
line per said boundary line agreement; thence S.89'39'16 "W., along said boundary fine, a distance of 659.60 feet to
the POINT OF BEGINNING.
Containing 87,851 square feet or 2.0168 acres, more or less.
REC 4"r4 CM '
NORTHWEST CORNER
SECTION 3- T215 -R31E
REC NAIL IS DISC
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SUBJECT G2
N £ SITE
E PART OF WEST 659.60'
_— OF SOUTH 554.64'
P.O.B. (OCCUPIED)
SOUTH USE, "W '14. NW 174
SECTION J- T27S -R31£
2
g SOUTHWEST CORNER
BOUNDARY LONE AGREEMEM
(O.R. BOOK 7555, PACE 1331)
U Ni
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P.O.C.
,,EC 4 "e4 1CM
WEST 174 CORNER
✓SECTION 3- T21S -R31E
REMAINDER
LEGEND -
NWI 14, NW114
PUT
R
SEC77CN 3- F21S -RJfE
= FIELD
L
N 90'00'00" E
= IRON PIPE
= IRON ROD
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68.74'
= CONCRETE M0NWENT
C.B.
qqx
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ue
= 1/2" I.R. w / /LB 4596
= RECOYERE)
-o
P.0.5.
P.O.L.
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N 89'3711" E
660.79'
BOUNTkRY LINE PER
DOUNDARY LNE AGREEMENT
(O.R. BOOK 7555, PAGE 13311
CURVE DELTA RADIUS LENGTH CHORD CHORD BEAR" D
C7 2740'37" 216.69' 704.67' 103.66' S 54'03'29" E
C2 1" 7 '
C3 55'4722' 1 1901 1 185.40' 1 178.16' I N 60111'05' E
GRUSENMEYER - SCOTT & ASSOC., INC. - LAND SURVEYORS
LEGEND -
LEGEND -
P
PUT
R
= FIELD
L
I.P.
R,
= IRON PIPE
= IRON ROD
D
C
G.M.
= CONCRETE M0NWENT
C.B.
SET I.R.
REC.
= 1/2" I.R. w / /LB 4596
= RECOYERE)
P.O.L.
M.
P.0.5.
P.O.L.
= POINT OF BEGINNING
POINT OF COMMENCEMENT
P.R.C.
P.C.C.
R
NkD
CENTERLINE
NAIL & DISK
RAD,
N.R.
R/W
ESMT.
RIGHT-OF-WAY
= EASEMENT
W.P.
GLC.
ORAN.
= DRAINAGE
P.R.N.
UTIL.
CL. FC.
UTILITY
CNN. LINK PENCE
F. F.
B.S.L.
WD.FC.
WOOD FENCE
B.M.
C/B
P.C.
- CONCRETE SIDCK
POINT OF CURVATURE
B.B.
GONG.
P.T.
OESC.
POINT OF TANGENCY
DESCRIPTION
FIRM
ID.
SCALE.,
NORTH
5400 E. COLONIAL DR. ORLANDO, FL. 32807 (407)- 277 -3232 FAX (407)-658-1436
- RADIUS CERTIFICATE OF AUTHORIZATION — LB 4596
= ARC L£NG1H
= C
=
CHORD
=
CMRD BEARING
MINT
= POINT ON LINE
= TYPICA
= =
POINT O RENERSE HE
MINT OF COMOUND CUR AT.J
RE
= NAOIN
=
NON—RADIAL
= Ci LCu POINT
= ERMA ATED
P
= PERMANENT REFERENCE MONUMENT
FINISHED FLOOR
BUILDING SETBACK UNE UNE
BASE BE RN
BASE BE
= ARING
CONCR= E
= FLOOD INSURANCE RATE MAP
IDENTIFICATION CATION
CERTIFIED BY:
JAMES W. SCOTT, R.L.S 0 4801
NOTES,
F. THE UNDERSIGNED DOE$ NEREDY CERTIFY THAT THIS SKETCH MEETS THE MINIMUM TECHNICAL
STANDARDS SET FORTH BY THE FLORIDA HOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER
5J -17 FLORIDA ADMINISTRATNE CODE.
2. UNLESS EMBOSSED WITH SURJEYOR'S SEAL. THIS SKETCH IS NOT VALID AND IS PRESENTED FOR
INFORMATIONAL PURPOSES ONLY
3. THIS SKETCH WAS PREPARED FROM TITLE INFCRAl4BON FURNISHED TO THE SURVEYOR. THERE
MAY BE OTHER RESTRICTIONS OR EASEMENTS THAT AFFECT THIS PROPERTY.
4. W UNDERGROUND IMPROVEMENTS HAVE BEEN LOCATED UNLESS OTHERWISE SHOWN.
5. THIS SKETCH IS PREPARED FOR THE SOLE BENEFIT OF THOSE CERTIFIED 70 AND SHOULD NOT BE
RELIED UPON BY ANY 07HER ENTRY.
B. ONENSIONS SHOWN FOR THE LOCA77ON OF IMPROVEMENTS HEREON SHOULD NOT BE USED TO
RECONSTRUCT BOUNDARY LINES,
1 BEARINGS, lE SHOWN, ARE LASED ASSUMED DATUM AND ON THE LNE SHOWN AS RASE BEARING (B.B.)
S. ELEVATIONS. IF SHOWN, ARE BASED ON NCYD 1929, UNLESS OTHERWISE NOTED.
R.L.S. rf I OA T2= ORDER j
TOM X. CRUSENAItI'ER, R.L.S. j 4714 1 01 -13 -2015 185 -15
SKETCH AND DESCRIPTION FOR /CERTIFIED T0: of OCR MOORRISON
3
SJR 1.26.16
ATTACHMENT 4 Contract XXXXX
AGREEMENT BETWEEN
THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
AND THE CITY OF WINTER SPRINGS
FOR STORMWATER TREATMENT IMPROVEMENTS
THIS AGREEMENT (the "Agreement ") is entered into by and between the GOVERNING BOARD
of the ST. JOHNS RIVER WATER MANAGEMENT DISTRICT (the "District "), whose address is 4049
Reid Street, Palatka, Florida 32177, and the CITY OF WINTER SPRINGS, whose address is 1126 East
State Road 434, Winter Springs, Florida 32708 (the "City "). All references to the parties hereto include
the parties, their officers, employees, agents, successors, and assigns.
WHEREAS, Lake Jesup is a Class 3 water body suitable for recreational use and the propagation
and maintenance of a healthy, well - balanced population of fish and wildlife. Due to high levels of
nutrients, Lake Jesup does not fully support these uses. Water quality restoration targets, called Total
Maximum Daily Loads, have been adopted by the Florida Department of Environmental Protection and
provide numerical water quality restoration targets for Lake Jesup.
WHEREAS, In December 2009, the District and the City joined in a cooperative effort to construct
the Solary Canal Regional Stormwater Treatment Facility to improve the water quality in Lake Jesup. The
facility was primarily funded by state of Florida's Florida Forever and Ecosystem management trust
funds.
WHEREAS, the District donated and conveyed the property on which the facility was constructed to
the City in conjunction with the City agreeing to construct and maintain the Solary Canal Regional
Stormwater Treatment Facility.
WHEREAS, the conveyance of the property was subject to a reversionary interest in favor of the
District that is set forth in the quit -claim deed. The first such interest provides that the ownership of the
property will revert back to the District if the facility was not built, and the second provides that
ownership will revert back to the District if the facility is not actively operated. There is also a provision
in the deed allowing the release of the reverters and a means for calculating their value.
WHEREAS, the City is seeking the release of the reverters on an approximate two acre portion of
the property that is not contained within the footprint of the treatment facility in order to permit the
construction of a dry retention pond for the handling of stormwater from a planned subdivision adjacent
to the facility, and has agreed to pay the District the value of the reverter on the approximate two acres in
the amount of $195,555.
WHEREAS, upon payment of the $195,555, the District desires to allocate that payment for
additional improvements to the Solary Canal Regional Stormwater Treatment Facility or other projects
that further the goals of the Lake Jesup BMAP.
WHEREAS, the City has agreed to construct said improvements in accordance with the terms and
conditions of this Agreement.
In consideration of the above recitals, and the funding assistance described below, The City agrees to
perform and complete the activities provided for in the Project Descriptions. The City shall complete the
Projects in conformity with the contract documents and the Descriptions. The parties hereby agree to the
following terms and conditions:
Contract XXXXX
SIR 1.26.16
1. TERM The term of this Agreement shall be from the Effective Date, which is the date the last parry to
this agreement signs, to the Completion Date, which is two years after the Effective Date. Time is of the
essence as to the completion of the approved projects for reimbursement from the funds that fund this
Agreement.
2. AMOUNT OF FUNDING. For satisfactory performance of the Work, the District agrees to pay the City
a sum not to exceed $195,555 (the "Total Compensation "). The total amount of all approved projects
under this Agreement shall not exceed the Total Compensation. The compensation for each approved
project shall be set forth in a Project Description (Attachment A) and billed in accordance with the terms
of the Project Description.
3. FUNDING CONTINGENCY. This Agreement is at all times contingent upon the City making the
payment to the District of $195,555 for the release of the reverters as stated above.
4. APPROVED PROJECTS
(a) The City is responsible for planning, designing, and proposing projects that would qualify for
Florida Forever funding and that further the goals of the Lake Jesup BMAP. The majority of
these projects shall be designed to enhance the efficiency or effectiveness of the Solary Canal
Stormwater Treatment Facility. Project proposals must be submitted using the Project Description
form attached as Attachment A. The City will complete the projects within two years from the
Effective Date unless otherwise agreed to by the parties in writing.
(b) The District is responsible for reviewing the proposed projects, suggesting revisions if necessary,
and, if the projects qualify for funding, providing a progress reporting schedule and project
approval.
(c) The approval of the projects will be documented on a Project Description form. It shall describe
with specificity the project, the relationship to the Facility, the relationship to the benefits,
location, quantity, work limits, time frames, deliverables, progress payments (if any), total cost,
and any other matters pertaining to the Work. The City shall not proceed with any Work prior to
the receipt of an executed Project Description. All Work shall be done to the satisfaction of the
District's Project Manager and subject to the terms of this Agreement.
DELIVERABLES. The District does not assert an ownership interest in any of the deliverables under
this Agreement. The City is responsible for the professional quality, technical accuracy, and timely
completion of the Projects. The City shall provide or pay for all materials, labor, and other facilities and
equipment necessary to complete the Project. The District's Project Manager shall inspect and approve
the project as complete before reimbursement.
6. PAYMENT OF INVOICES
(a) Submittal. When approved projects are complete, the City shall submit itemized invoices by e-
mail to acctpay @sjrwmd.com. Each invoice shall include copies of contractor's and materials
invoices and be submitted in sufficient detail for proper pre -audit and post -audit review. If
necessary for audit purposes, the City shall provide additional supporting information as required
to document invoices.
(b) Final Invoice. The final invoice must be submitted no later than 30 days after the Completion
Date.
(c) All invoices shall include the following information: (1) District contract number; (2) Project
Description number; (3) City's name and address (include remit address, if necessary); (4) City's
invoice number and date of invoice; (5) District Project Manager; (6) City's Project Manager; (7)
2
Contract XXXXX
SIR 1.26.16
supporting documentation as to cost and /or project completion. Invoices that do not correspond
with this paragraph shall be returned without action, stating the basis for rejection. Payment shall
be made within 45 days of receipt of an approved invoice.
(d) Payments. The District shall pay the City 100% of each approved invoice.
(e) Payments withheld. The District may withhold or, on account of subsequently discovered
evidence, nullify, in whole or in part, any payment to such an extent as may be necessary to
protect the District from loss as a result of defective work not remedied or a material breach of
this Agreement. Amounts withheld shall not be considered due and shall not be paid until the
ground(s) for withholding payment have been remedied.
7. PROJECT MANAGEMENT
(a) The Project Managers listed below shall be responsible for overall coordination and management
of the Project. Either party may change its Project Manager upon three business days' prior
written notice to the other party. Written notice of change of address shall be provided within five
business days. All notices shall be in writing to the Project Managers at the addresses below and
shall be sent by one of the following methods: (1) hand delivery; (2) U.S. certified mail; (3)
national overnight courier; (4) e -mail or, (5) fax. Notices via certified mail are deemed delivered
upon receipt. Notices via overnight courier are deemed delivered one business day after having
been deposited with the courier. Notices via e -mail or fax are deemed delivered on the date
transmitted and received.
DISTRICT
Derek Busby, Project Manager
St. Johns River Water Management District
4049 Reid Street
Palatka, Florida 32177
Phone: (386) 329 -4459
E -mail: Dbusby @sirwmd.com
CITY
Brian Fields, City Engineer
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708
Phone: (407) 327 -7597
E -mail: Bfields @winterspringsfl.org
(b) The District's Project Manager shall have sole responsibility for transmitting instructions,
receiving information, and communicating District policies and decisions regarding all matters
pertinent to performance of the Projects.
8. PROGRESS REPORTS AND PERFORMANCE MONITORING
(a) Progress Reports. The City shall provide to the District Project bi- monthly progress reports. Reports
will provide detail on progress of the Projects. Reports may be submitted in any form agreed to by
the District's and the City's Project Managers, and may include emails, memos, and letters.
(b) Performance Monitoring. For as long as the Project is operational, the District shall have the right
to inspect the operation of the Project during normal business hours upon reasonable prior notice.
The City shall make available to the District any data that is requested pertaining to performance of
the Project.
9. TERMINATION. This Agreement may be terminated by mutual written agreement of the parties
without further obligation to the other party, except that all outstanding invoices submitted and approved
under Section 6 shall be paid.
10. LIABILITY AND INSURANCE. Each party is responsible for all personal injury and property damage
attributable to the negligent acts or omissions of that party, its officers, employees and agents. Nothing
contained herein shall be construed or interpreted as denying to any party any remedy or defense
Contract XXXXX
SIR 1.26.16
available under the laws of the state of Florida, nor as a waiver of sovereign immunity of the state of
Florida beyond the waiver provided for in §768.28, Fla. Stat., as amended. Each party shall acquire and
maintain throughout the term of this Agreement such liability, workers' compensation, and automobile
insurance as required by their current rules and regulations.
ADDITIONAL PROVISIONS (Alphabetical)
11. AUDIT; ACCESS TO RECORDS; REPAYMENT OF FUNDS.
(a) Maintenance of Records. The City must preserve its books and other records involving
transactions related to this Agreement and provide the District, or its duly authorized
representatives, access and necessary facilities to inspect and audit those records for five years
after the receipt of funds. If an examination or audit is performed, the City must continue to
maintain all required records until such audit has been completed and all questions arising from it
are resolved. The City shall refund any payment(s) that are found to not constitute allowable costs
based upon an audit examination.
(b) Repayment of Funds. District funding shall be subject to repayment after expiration of this
Agreement if, upon audit examination, the District finds that the City has requested reimbursement
for and has been paid funds for purposes other than as provided for herein.
12. CIVIL RIGHTS. Pursuant to chapter 760, Fla. Stat., the City shall not discriminate against any
employee or applicant for employment because of race, color, religion, sex, national origin, age,
handicap, or marital status.
13. DISPUTE RESOLUTION. The City is under a duty to seek clarification and resolution of any issue,
discrepancy, or dispute involving performance of this Agreement by submitting a written statement to the
District's Project Manager no later than ten business days after the precipitating event. If not resolved by
the Project Manager, the Project Manager shall forward the request to the District's Office of General
Counsel, which shall issue a written decision within ten business days of receipt. This determination shall
constitute final action of the District and shall then be subject to judicial review upon completion of the
Project.
14. GOVERNING LAW, VENUE, ATTORNEY'S FEES, WAIVER OF RIGHT TO JURY TRIAL.
This Agreement shall be construed according to the laws of Florida and shall not be construed more
strictly against one parry than against the other because it may have been drafted by one of the parties. As
used herein, "shall" is always mandatory. hl the event of any legal proceedings arising from or related to
this Agreement: (1) venue for any state or federal legal proceedings shall be in Putnam County; (2) each
parry shall bear its own attorney's fees, including appeals; (3) for civil proceedings, the parties hereby
consent to trial by the court and waive the right to jury trial.
15. INDEPENDENT ENTITIES. The parties to this Agreement, their employees and agents, are
independent entities and not employees or agents of each other. Nothing in this Agreement shall be
interpreted to establish any relationship other than that of independent entities during and after the term
of this Agreement. The City is not a contractor of the District. The District is providing funding to assist
the City in accomplishing the Project. The City is solely responsible for accomplishing the Project and
directs the means and methods by which the Project is accomplished. The City is solely responsible for
compliance with all labor, health insurance (Patient Protection and Affordable Care Act 42 U.S.C. §§
18001, et seq.), and tax laws pertaining to the City, its officers, agents, and employees.
4
Contract XXXXX
SIR 1.26.16
16. INTEREST OF CITY. The City certifies that no officer, agent, or employee of the District has any
material interest, as defined in chapter 112, Fla. Stat., either directly or indirectly, in the business of the
City to be conducted hereby, and that no such person shall have any such interest at any time during the
term of this Agreement.
17. NON - LOBBYING. Pursuant to §216.347, Fla. Stat., as amended, the City agrees that funds received
from the District under this Agreement shall not be used for the purpose of lobbying the Legislature or
any other state agency.
18. PERMITS. The City shall comply with all applicable federal, state and local laws and regulations in
implementing the Project and shall include this requirement in all subcontracts pertaining to the Project.
The City shall obtain any and all governmental permits necessary to implement the Project. Any activity
not properly permitted prior to implementation or completed without proper permits does not comply
with this Agreement and shall not be approved for funding.
19. PUBLIC RECORDS. Records of the City that are made or received in the course of performance of the
Project may be public records that are subject to the requirements of chapter 119, Fla. Stat. Each party
reserves the right to cancel this Agreement for refusal by the other party to allow public access to all
documents, papers, letters, or other material related hereto and subject to the provisions of chapter 119,
Fla. Stat., as amended.
IN WITNESS WHEREOF, the St. Johns River Water Management District has caused this
Agreement to be executed on the day and year written below in its name by its Executive Director, and the
City has caused this Agreement to be executed on the day and year written below in its name by its duly
authorized representatives, and, if appropriate, has caused the seal of the corporation to be attached. This
Agreement may be executed in separate counterparts, which shall not affect its validity. Upon execution,
this Agreement constitutes the entire agreement of the parties, notwithstanding any stipulations,
representations, agreements, or promises, oral or otherwise, not printed or inserted herein. This
Agreement cannot be changed by any means other than written amendments referencing this Agreement
and signed by all parties.
ST. JOHNS RIVER WATER
MANAGEMENT DISTRICT
By:
Ann B. Shortelle, Ph.D., Executive Director (or designee)
Date:
ONLY AS TO FORM AND LEGALITY
Assistant General Counsel
Attachment A — Project Description
CITY OF WINTER SPRINGS
Charles Lacey, Mayor
Date:
APPROVED AS TO FORM AND LEGALITY
Anthony A. Garganese, City Attorney
SJR 1.26.16
ATTACHMENT A
(to be processed by the District as a "Work Order ")
PROJECT DESCRIPTION
(adjust line spacing as necessary)
I. General background
II. Description of Project
Contract XXXXX
Project Number
III. Objectives and measure of success (include the relationship of the project to the Solary Canal
treatment facility and the Lake Jesup BMAP)
IV. Time Frames, Milestones, and Deliverables
V. Budget and Cost schedule
Submitted by:
Brian Fields
City of Winter Springs
Approved by:
Executive Director or Projects Division Director
Derek Busby, Project Manager
St. Johns River Water Management District
Date: Date:
0