HomeMy WebLinkAboutTuskawilla Crossing Homeowners Association, INC. Memorandum of Agreement 2024 03 119
THIS MEMORANDUM OF AGREEMENT (hereinafter the "MOA") is made and entered
into this 11th day of March 2024, by and between the CITY OF WINTER SPRINGS,
FLORIDA, a Florida municipal corporation (hereinafter called the "City") and TUSKAWILLA
CROSSINGS HOMEOWNERS ASSOCIATION, INC., a Florida not for profit corporation
(hereinafter called the "Association").
RECITALS:
WHEREAS, the Association is the permittee authorized under Permit No. 148395-3
("Permit") issued by the St. Johns River Water Management District ("SJRWMD") to operate and
maintain the stormwater management system serving Tuskawilla Crossings, a residential single-
family subdivision of approximately 133.32 acres located within the jurisdictional limits of the City
of Winter Springs, and platted as Tuskawilla Crossings Phase I recorded at Seminole County
Official Record Book 83, p. 75 ("Phase 1 Plat"), and Tuskawilla Crossings Phase 2 recorded at
Seminole County Official Record Book 84, p. 48 ("Phase 2 Plat"); and
WHEREAS, the Phase 1 Plat provides that "Tracts E, F, G, H-1, H-2, I-1 and I-2 (Pond Tracts)
shall be owned and maintained by the Association. An ingress/egress easement for maintenance
responsibilities and a drainage easement are hereby dedicated to the City of Winter Springs. The
City of Winter Springs shall maintain the stormwater infrastructure within these Tracts and the
pond water quality"; and
WHEREAS, the Association and City acknowledge that the pond located on Tract F
suffered a major berm failure on or about August 31, 2023 causing the pond water to flow into
the conservation area identified as Tract B-1 on the Phase 1 Plat; and
WHEREAS, the Parties desire to obtain a permit from the SJRWMD for purposes of
repairing and restoring the functionality of the pond located on Tract F; and
WHEREAS, the Association desires to consent to the City preparing and processing a
permit application with the SJRWMD to repair and restore the functionality of the pond on Tract
F; and
WHEREAS, the Association and City desire to cooperate with each other for purposes of
allowing the City to prepare and process the required permit application with SJRWMD to repair
and restore the functionality of the pond on Tract F, and neither the Association nor City admit
liability or responsibility for the cost of repairs; and
NOW THEREFORE, in consideration of the mutual promises and covenants herein, and
other good and valuable consideration which the parties agree has been exchanged and received,
the Parties agree as follows:
MOA for Permitting Tract r Pond Repair
City of Winter Springs and Tuskawilla Crossings Homeowners Association, Inc.
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1. The recitals set forth above are true and correct and are hereby incorporated into this
MCA.
2. This MOA shall become effective upon the execution and delivery hereof by the
Association and City.
3. The purpose of this MOA is for the Parties to prepare, process and obtain a permit from
the SJRWMD for purposes of repairing and restoring the functionality of the pond on the
real property described on the Phase 1 Plat as Tract F. The City will be responsible for
preparing and processing an application to obtain the permit from SJRWMD. The
Association hereby consents to, and shall fully cooperate with, the City to prepare and
process all permit applications necessary to obtain a permit from the SJRWMD, and the
Association, as the owner of TRACT F and the current permittee under the Permit, shall
provide and/or execute whatever consent forms and documents that are required by the
SJRWMD for the City to process and successfully obtain the permit. Further, upon request
of the City, the Association shall provide the City any historical documents, reports, and
engineering or construction plans maintained by the Association regarding and related to
the pond on the Phase 1 Plat Tract F property including, but not limited to, any document,
reports, and plans that were provided to the Association by the developer of the Tuskawilla
Crossings subdivision or the developer's contractors and agents. The City will diligently
process the permit application at the City's cost, and keep the Association's designated
project manager informed of the progress being made regarding the permit application.
However, the Parties recognize that permit approval is subject to the SJRWMD's discretion
and neither Party represents nor guarantees that the permit application will be approved.
4. The City and Association understand and agree that the City has an existing drainage
easement on Tract F. Therefore, during the application process, the Citys stormwater
engineering consultant will reexamine the stormwater drainage in the area surrounding
the pond on Tract F and the functionality of said pond. During this reexamination, the City
may, in its discretion under its drainage easement, deem it necessary to require its
stormwater engineering consultant to redesign certain components of the previously
designed pond on Tract F and increase the capacity of the pond to the extent reasonably
necessary to improve the drainage in the surrounding area and accommodate stormwater
from the Phase 1 Plat Property, Cross Seminole Trail, Michael Blake Boulevard and other
surrounding properties that historically have flowed in the direction of the pond located
on Tract F.
5. If the permit is issued by the SJRWMD, the City will competitively bid and construct the
repairs and improvements to the pond on Tract F subject to the discretion and approval
of the City Commission. The Association hereby acknowledges and agrees that the City
has the right but not obligation to construct the repairs and improvements in furtherance
of its rights under the drainage easement setforth in the Phase 1 Plat and the requirements
MOA for Permitting Tract I' Pond Repair
City• of Winter Springs and Tuskawilla Crossings Homeowners Association, Inc.
set forth in the SJRWMD permit granted under this MOA. Notwithstanding any provisions
in this MOA to the contrary, the City shall not be obligated to provide any funding, services
or resources pursuant to this MOA other than processing and obtaining a permit from the
SJRWMD to repair and restore the functionality of the pond on Tract F unless otherwise
approved by the City Commission.
6. The Parties understand and agree that the City's personnel and consultants will render
services regarding the processing of the SJRWMD permit application at the City's expense
and are doing so as an employee or contractor of the City and not as an officer, agent, or
employee of the Association.
7. The Parties agree that each Party shall be responsible for any negligence or intentional
acts of such Party or such Party's employees, officers, contractors, or attorneys related to
the preparation and processing of the permit application with SJRWMD. In no event is
this Paragraph or any other provision of this MOA intended to constitute a waiver of, or in
any way affect or impinge, the rights, privileges and immunities of the City under common
law and Section 768.28, Florida Statutes, as amended from time to time, or any
corresponding provisions of law.
8. This MOA constitutes the entire agreement between the Parties with respect to the subject
matter contained herein. This MOA supersedes all other agreements, either oral or in
writing, between the Parties hereto with respect to the subject matter of this MOA.
9. No provision of this MOA may be changed or modified except by written agreement
signed by the Parties.
10. This MOA is for the benefit of Association and the City. No other person is intended to be
a beneficiary under this MOA.
11. The Parties acknowledge that, by the signing of this MOA, they have the right, power, legal
capacity, and authority to enter into, and perform their respective obligations under this
MOA, and no approvals or consents of any persons other than the Parties are necessary in
connection with this MOA.
12. The Parties shall not assign nor transfer their respective obligations or rights under this
M OA.
13. The Association has designated its President and property manager, and the City has
designated the City Manager or his designee and the City's stormwater consultant, David
Hamstra P.E., as their respective project managers for the purpose of implementing the
terms of this MOA.
MOA for Permitting Tract F Pond Repair
City of Winter• Springs and Tuskawilla Crossings Homeowners Association, Inc.
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14. To the extent that any provision of this MOA shall be determined by a court of competent
jurisdiction to be invalid or unenforceable, such provision shall be deleted from this MOA,
and the validity and enforceability of the remainder of such provision, if any, and of this
MOA shall be unaffected.
15. This MOA shall be subject to and governed by the laws of the State of Florida, without
regard to that state's conflict of laws principles. Venue for any action to interpret or enforce
this MOA or that otherwise arises out of this MOA, shall lie exclusively in the appropriate
state court in and for Seminole County, Florida.
16. This MOA may be executed simultaneously in two or more counterparts, each of which
shall be an original, but all of which together shall constitute one and the same instrument.
17. Each Party acknowledges and agrees that it will comply with all aspects of Florida law
relative to this MOA, including, but not limited to, the provisions of Chapters 119 and 720,
Florida Statutes, pertaining to public records and meetings.
IF THE ASSOCIATION HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES, RELATING TO THIS MOA, THE ASSOCIATION SHALL
CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS (CURRENTLY CHRISTIAN
GOWAN, CITY CLERK) AT 407-327-6560 OR AT EMAIL.
CGOWAN@WINTERSPRINGSFL.ORG OR AT ADDRESS: 1126 E. STATE ROAD 434,
WINTER SPRINGS, FLORIDA 32708.
18. Any written notice provided to either party under this MOA shall be provided to the
addresses stated as follows:
CITY OF WINTER SPRINGS
PHIL HURSH, Interim City Manager
1126 E. State Road 434
Winter Springs, Florida 32708
(407) 327-5957
phursh@winterspringsfl.org
TUSI(AWILLA CROSSINGS HOMEOWNERS ASSOCIATION, INC.
c/o Bono &Associate;
766 N Sun Drive, Suite 2000
Lake Mary, FL 32746
MOA for Permitting Tract I' Pond Repair
City of Winter Springs and Tuskawilla Crossings Homeowners Association, Inc.
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IN WITNESS WHEREOF, this Agreement is entered into as of the day and year the last
party signs this Agreement as stated below.
WITNESS: TUSKAWILLA CROSSINGS HOMEOWNERS
��`� ASSOCIATION, INC.
Chelsea Bono, LCAM ,Deslkee Mau
Print Name: _ oevxuoswvu. mzus:<3con
By. Desiree Moss
Print Name: JoelTrouse
Date: Mar 11, 2024
ATTEST: CITY OF WINTER SPRINGS:
Christian Gowan, City Clerk By: Phi rsh, Int rim City Manager
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MOA for Permitting Tract F Pond Repair
City of Winter Springs and Tuskawilla Crossings Homeowners Association, Inc.
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