HomeMy WebLinkAboutStandard Pacific of Florida, GP, LLC (Tuskawilla Crossings) Agreement to Pay (Reclaimed Water Connection) - 2021 10 01 AGREEMENT TO PAY
THIS AGREEMENT is made this day of July, 2021 ("Effective Date"), by and. between
the CITY OF WINTER SPRINGS,FLORIDA,a Florida municipal corporation,whose address
is 1126 East State Road 434, Winter Springs, Florida ("City"), and STANDARD PACIFIC OF
FLORIDA,GP,LLC,a Delaware limited liability company,whose principal address is c/o Lennar
Homes, 700 N.W. 1070'Avenue, Suite 400,Miami, Florida 33172 ("Standard Pacific").
RECITALS:
WHEREAS, Standard Pacific is a residential home developer that is in the process of
developing the Tuskawilla Crossings subdivision(the"Subdivision")which is,located within the
City limits; and
i
WHEREAS, Standard Pacific desires to have reclaimed water service to the Subdivision;
and
WHEREAS, City has a system of reclaimed water and is willing to undertake the i
construction project(the"Project")to provide a connection between the Subdivision and the City's
reclaimed water system; and
WHEREAS, in lieu of making its own connection, Standard Pacific is willing to make a
payment to City to contribute toward the costs of the Project pursuant to the terms and conditions
of this Agreement.
NOW,THEREFORE,in consideration of the mutual covenants and provisions,and other
good, diverse, and valuable considerations, the receipt and sufficiency all. or which is
acknowledged,the parties desiring to be legally bound agree:
1.0 Incorporation of Recitals. The foregoing recitals are true and correct and by this
reference are fully incorporated into this Agreement.
2.0 PPUment. As contribution toward the total costs ofthe Project as estimated on the bid
from The Briar Team,LLC attached hereto as Exhibit"A,"Standard Pacific agrees to pay to City a
one-time payment of One Hundred Twenty-Five Thousand and 00/100 ($125,000.00)(the "SP
Contribution"). The SP Contribution will be made via check payable to "City of Winter Springs"
within twenty (20) business days of the Effective Date. Upon Standard Pacific's delivery of the
SP Contribution to the City,Standard Pacific shall have fully and completely satisfied all obligations
and conditions with respect to the Project and any conditions of approval that were required of
Standard Pacific with respect to the Subdivision connecting to or installing reclaimed water facilities
to service the Subdivision.
3.0 Standard Pacific's Representations. Standard Pacific represents and warrants to the
City that,to the best of its actual knowledge, which actual knowledge is predicated upon
the fact that the construction plans for the Subdivision were approved by the City, the
Subdivision is properly plumbed in order to complete the reclaimed water connection for use in the
Subdivision.
Agreement to Pay/Standard Pacific of
Lennar /City Florida„GP,LLC
City of Winter Springs
1
4.0 Proiect Schedu1c. Cooperation. City and Standard Pacific agree that City is solely
responsible for management of the Project and will set the construction schedule in it sole and
absolute discretion; provided, however, that upon completion of pennitting of the Project that the
City will diligently commence work on the Project and connect the Subdivision to the reclaimed
water facilities. The City represents to Standard Pacific that the Project is fully funded by the City.
Standard Pacific agrees to reasonably cooperate with City as necessary to complete the Project,at
no additional out-of-pocket cost or expense to Standard Pacific.
5.0 No Guarantee of Service. This Agreement shall not be construed or interpreted in
any manner whatsoever as requiring the City to provide any specific level or guarantee of
reclaimed service to the Subdivision upon Project completion. The availability of reclaimed
services to be provided to any customer including the properties located in the Subdivision shall
be provided at the City's sole discretion.
6.0 Governing Law. Venue. This Agreement shall be governed by the laws of the State
of Florida. Venue of all disputes shall be properly placed in Seminole County,Florida. The parties
agree that the Agreement was consummated in Seminole County, and the site of the Project and
Subdivision is Seminole County. If any dispute concerning this Agreement arises under Federal
law,the venue will be Orlando,Florida.
7.0 Notices. All notices, demands, requests, instructions, approvals, and claims shall
be in writing. All notices of any type shall be given by U.S. mail or by hand delivery to an
individual authorized to receive mail for the parties at their respective principal business addresses
set forth above, or such other address as designated by the parties by notice given in accordance
with this provision.
With Copy to:
Standard Pacific of Florida GP,LLC
6675 Westwood Blvd,51'floor
Orlando,FL 32821
Attn: SVP of Land,Mark McDonald
8.0 Amendnnent of Agreement, Modifications or changes in this Agreement must be in
writing and executed by the parties bound to this Agreement.
9.0 Severability. If a word, sentence, or paragraph is declared illegal,unenforceable, or
unconstitutional, the word, sentence, or paragraph will be severed from this Agreement, and this
Agreement will be read as if the illegal, unenforceable, or unconstitutional word, sentence, or
paragraph did not exist.
10,0 Attorneys' Fees. Should any litigation arise concerning this Agreement between the
parties,the parties agree to bear their own costs and attorney's fees.
11.0 Entire Aueement. This Agreement represents the entire and integrated Agreement
between the parties and supersedes all prior negotiations, representations, or Agreements, either
oral or written, and all such matters shall be deemed merged into this Agreement.
Agreement to Pay/Standard Pacific of
Lennar `t/City Florida,GP,LLC
City of Winter Springs
12.0 Sovereign Immunity. City intends to avail itself of the benefits of Section 768.28,
Florida Statutes and any other statutes and common law governing sovereign immunity to the
fullest extent possible. Neither this provision nor any other provision of 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.
Contractor agrees that City shall not be liable under this Agreement for punitive damages or
interest for the period beforejudgment. Further, City shall not be liable for any claim or judgment,
or portion thereof,to any one person for over two hundred thousand dollars($200,000.00), 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
three hundred thousand dollars ($300,000.00). Nothing in this Agreement is intended to inure to
the benefit of any third party for the purpose of allowing any claim which would otherwise be
barred under the doctrine of sovereign immunity or by operation of law. This paragraph shall
survive termination of this Agreement.
IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed as
of the date first written above.
STANDARD PACIFIC: CITY:
STANDARD PACIFIC OF FLORIDA, CITY OF WIN T ` RI ,FLORIDA
GP,LLC,a Delaware limited Iia il' company
B � B
Y= Y:
Shawn oyle,City Manager
Print: Mark McDonald Date: 1 WO1 021
Title: Vice President
Date: /10// le-1
Agreement to.Pay/Standard Pacific of
Lennar �"z/City Florida,GP,LLC
/ City of Winter Springs