HomeMy WebLinkAbout2000 06 20 Other Handout from Staff
JUNE 20, 2000
HAND OUT BY STAFF
I J
1126 East S.R. 434 Winter Springs, FL 32700
(407) 327.al64 FAX# (<ll7) 327--6600
. .
\ ',t'
, City Of Wint~r Springs
Fax
To: Mr. Anthony Garganese
From: George F. Edwards
Fax: (407) 639-6690
Phone:(407) 639-1320
Pages: 7 Onduding this sheet)
Date: 07/07/00
He: Easement Document
cc:
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e Comments:
The District Advisory Committee spent a considerable amount of time going
over the proposed easement document and asking a flurry of questions about
the various clauses. I have incorporated the changes they requested into the
original document in italics, and have shown their proposed deletions with a
strikethrough.
Please re-review the document and see what can be done to address their
concerns.
Prepared by and return to:
City ofWinte(" SpringAl1n: City Manage("
1126 East S.R. 434
Winter Springs, FL 32708
PUBUC TUSCAWILLA LIGHTING AND BEAUTIFICATION DISTRICT
IMPROVEMENTS AND MAINTENANCE EASEMENT
THIS EASEMENT is made this
2000
day of
By
Having a mailing address of
(hereinafter called "Grantor") in favor of the CITY OF WINTER SPRINGS,
FLORIDA, a Florida Municipal Corporation, having a mailing address of 1126 East
Statr Road 434, Winter Springs, FI 32708 ("Grantee").
WITNESSETH
WHEREAS, Grantor is the sole owner of certain real property located within the
defined area of the Tuscawilla Public Utility District. and
WHEREAS, Grantor desire to convey a perpetual easement over, under, and
across a portion of its real property, as legally described herein, for purposes of allowing
Grantee to construct, operate and maintain signage, wall, water features, landscaping,
and utility oertain publio improvements and other incidental appurtenances and
accessories thereto in the Tuscawilla Lighting and Beautification District (hereinafter
called "TLBD"): and
WHEREAS, Grantor, as fee simple owner of the easement property, also agrees
to assist Grantee in obtaining any local, state, or federal permits required to construct the
pt:tblie TLBD improvements and any other incidental appurtenances and accessories
thereto: and
WHEREAS, Grantor llfld Gnmtee believe that this public improvement easement
is in the best interest of the publio health, safety, and welfare of the citizens of Winter
Springs and Seminole County
NOW, THEREFORE, in consideration of the enumerated publio TLBD
purposes stated herein, and mutual covenants, terms and conditions and restrictions
contained herein, together with other good and valuable consideration, the receipt and
sufficiency of which is acknowledged, Grantor provides as follows:
1) Recitals. The foregoing recitals are hereby incorporated herein by this reference.
2) Grant of Easement. Grantor hereby voluntarily grants and conveys to Grantee,
successors, and assigns, subject to any previous duly recorded easements or grants
of record, J*Iblie TLBD improvements and maintenance easement over, under,
and across the real property described as follows:
(Hereinafter the "property") of the nature and character and to the extent hereinafter set
forth ("Easement").
3) Purpose of Easement. This Easement is granted for the express purpose of
allowing Grantee to use the Property to construct and maintain public TLBD
improvements over, under, and across the Property for the benefit of the public including,
but not limited to, signage, walls, water features, fountains, landscaping, and utilities and
any other incidental appurtenances and accessories thereto. It is also the express purpose
of this Easement to provide Grantee unconditional ingress and egress to, over, under and
from the Property for the purposes stated herein.
4) Rights of Grantee. To accomplish the purposes stated above, and at Grantee's
expense, the following rights are conveyed the Grantee by this easement:
a. To use the Property to construct, operate, and maintain fHlblie TLBD
improvements over, under, and across the Property for the benefit ohhe public
including, but not limited to, signage, walls, fQl:lRtains, water features,
landscaping, and utilities and any other incidental appurtenances and accessories
thereto:
b. To prevent any activity on or use of the Property that is inconsistent with
the purpose of the Easement, and to require the restoration of areas of features of
the Property that may be damaged by an inconsistent activity or use:
c. To use this Easement for ingress and egress to the defined TLBD any
pt:WHe improvements. utility facilities and appurtenances owned, designated, or
operated by Grantee or constructed pursuant to this Easement:
Eh To use this Easement for the purposes of providing water, sewer,
stormwater, reuse, and electrioity to or through the Property by constructing,
epeF6ting, and maintaining utility lines, pipes,ditohes channels, laterals, trees,
joints, poles and appurtenances O'/cr, under, and-aoross the Property, including the
2
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right to grant nonexclusive casements or licenses to any third party public Of
pri'late utility-for the purposes stated hercin-:-and
e. To cut, trim, and keep clean such trees, brush, and undergrowth
that might hinder or prohibit the use of the Property. For public improvements
including, but not limited to signage, walls, fountains, landscaping, and utilities
and any other incidental appurtenances thereto: and
f. To take any civil action deemed necessary, at the Grantee's sole
and absolute discretion, to protect and preserve the Easement granted hereunder. (is this
wording necessary? - it seemed to the Committee to be redundant)
5) Permits The parties acknowledge that certain local, state, and federal
permits may be required from time to time for purposes of constructing, operating, and
maintaining the public TLBD improvements and other incidental appurtenances and
accessory structures referred to herein. Grantor, as fee simple owner of the Property,
hereby agrees to allow Grantee to make application for said permits and also agrees to
join in any said permit (as signatory or otherwise) when required by any permitting
agency for issuance of the permit.
Notwithstanding, Grantee shall be solely responsible and liable for complying with any
local, state, or federal permit requirements, obligations, and duties (if any) related to the
construction, operation, and maintenance ofthe pualie TLBD improvements and other
incidental appurtenances and accessory structures.
6) Easements. Run with the Land. This Easement shall remain, a charge against
the Property. Therefore, this Easement shall "run with the land" and be automatically
assigned by any deed or other conveyance conveying a portion of the Property relating to
this easement, even though conveyance makes no reference to this Easement as such.
7) Attornev's Fees. In the event of any legal action arising under this Easement
between the parties, the parties agree to incur their own attorney's fees, court costs, and
expenses, through all appellate proceedings.
Board asked if this clause was necessary. Is this right implicit in the document
itself!
8) Recordation. Grantee shall record this instrument in a timely fashion in the
Official Records of Seminole County, Florida and may re-record it at any time as may be
required to preserve its rights in this Easement.
9) Successors.
The covenants, terms, conditions, rights, and restrictions of thisEasement shall be binding
upon, and inure to the benefit of the parties hereto and their respective personal
representatives, heirs, successors, and assigns and shall continue as a servitude running
with the Property.
3
I
10) Grantors Representations and Warranties. Grantor hereby agrees and makes the
following representations and warranties to Grantee:
a.
Grantor is lawfully seized of said Property in fee simple and has
full and lawful authority to execute this Easement, convey the
Easement to Grantee, and bind the Property as set forth herein.
b.
The Property is free of any and all encumbrances, except zoning
restrictions and prohibitions and other requirements imposed by
government authority and other encumbrances which are recorded
in the public records of Seminole County, Florida.
c.
Grantor shall pay any and all taxes that are levied on the Property,
from time to time, as said taxes and assessments come due.
The committee was concerned that the improvement
would increase the property value of the land on which it
was constructed hence increase the individuals taxes.
They would like an explanation as to how this would be
handled.
d.
Grantor hereby warrants the title to the Easement granted
hereunder over, under, and across the Property and will defend the
same against lawful claims of all persons whomever.
11) Grantee's Riebt to Seek Equitable Relief. Grantor agrees, acknowledges and
recognizes that any breach of this easement by Grantor would result in irreparable harm
to Grantee and the public, TLBD, and accordingly, Grantor agrees that in addition to and
not in lieu of all legal and equitable remedies available to Grantee by reason of such
breach, Grantee shall be entitled to equitable relief (including, without limitation, specific
performance and injunctive relief) to enjoin the occurrence and continuation of the
breach.
12) Entire Aereement. This Easement constitutes the full and entire agreement
between the parties hereto and supercedes any oral or written prior communications
between the parties related to the subject matter contained in this Easement. The
Easement shall be governed by the laws of Florida.
13) Sovereien Immunitv. Nothing contained in this Easement shall be
construed as a waiver of the Grantee's right to sovereign immunity under Section 768.28,
Florida Statutes, or other limitations imposed on the Grantee's potential liability under
state or federal law.
14) Modifications. This Easement shall only be modified by a written
instrument executed by the parties hereto or any successor, assigns heirs, or
representatives thereto.
4
15) Grantors Duty of Noninteference. Grantor agrees not to interfere or allow
others to interfere with Grantor's rights to use the Property as specifically set forth herein.
Grantor agrees not to permit or allow the construction or erection of any building or
structure on the Property without prior written consent of the Grantee.
16) Termination. The parties agree that this Easement is intended to be perpetual.
However, in the event the Grantee determines, at its sole discretion, that it no longer
requires the property for public TLBD improvements described herein, Grantee, at
Grantor's written request, agrees to execute an appropriate written instrument to terminate
this easement.
IN WITNESS WHEREOF. Grantor and Grantee set their respective hands on
the day and year above written.
WITNESSES:
(GRANTOR)
Print Name
by
Print Name
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged and sworn to before me this
Day of , 2000 by who is/is not personally known to
me, or has produced as identification.
NOTARY PUBLIC
WITNESSES
CITY OF WINTER SPRINGS (GRANTEE)
Print Name
By: Ronald W. McLemore
City Manager
Print Name
5
1126 East S.R. 434 Winter Springs. FL 32700
(407) 327-5964 FAXJ#. (407) 327-6006
City of Winter Springs
Fax
To: Mr. Anthony Garganese
From: George F. Edwards
Fax: (407) 639-6690
Phone:(407) 639-1320
Pages: 7 Onduding this sheet)
Date: 07/07/00
Re: Easement Document
cc:
o urgent 0 For Review 0 PI.... Comment 0 Pi.... Reply
o P..... Recycl.
. Comments:
The District Advisory Committee spent a considerable amount of time going
over the proposed easement document and asking a flurry of questions about
the various clauses. I have incorporated the changes they requested into the
original document in italics, and have shown their proposed deletions with a
strikethrough.
Please re-review the document and see what can be done to address their
concerns.
Prepared by and raum to:
City of Winter SpringAttn: City Manager
1126 Easl S.R. 434
Winter Springs, fL 32708
PUBLIC TUSCA WILLA LIGHTING AND BEAUTIFICATION DISTRICT
IMPROVEMENTS AND MAINTENANCE EASEMENT
THIS EASEMENT is made this
2000
day of
By
Having a mailing address of
(hereinafter called "Grantor") in favor ofthe CITY OF WINTER SPRINGS,
FLORIDA, a Florida Municipal Corporation, having a mailing address of 1126 East
Statr Road 434, Winter Springs, FI 32708 ("Grantee").
WITNESSEm
WHEREAS, Grantor is the sole owner of certain real property located within the
defined area of the Tuscawilla Public Utility District. and
WHEREAS, Grantor desire to convey a perpetual easement over, under, and
across a portion of its real property, as legally described herein, for purposes of allowing
Grantee to construct, operate and maintain signage, wall, water features, landscaping,
and utility oertaia public improvements and other incidental appurtenances and
accessories thereto in the Tuscawilla Lighting and Beautification District (hereinafter
called "TLBD"): and
WHEREAS, Grantor, as fee simple owner of the easement property, also agrees
to assist Grantee in obtaining any local, state, or federal permits required to construct the
f*Iblie TLBD improvements and any other incidental appurtenances and accessories
thereto: and
WHEREAS, Grantor &ftd Gr&fttee belie'/e that this publie improvemeflt ewlemeat
is in the best interest of the publio health, safety, and welfare of the citizens of Winter
Springs and Seminole COlHlty
NOW, mEREFORE, in consideration of the enumerated publio TLBD
purposes stated herein, and mutual covenants, terms and conditions and restrictions
contained herein, together with other good and valuable consideration, the receipt and
sufficiency of which is acknowledged, Grantor provides as follows:
1) Recitals. The foregoing recitals are hereby incorporated herein by this reference.
2) Grant of Easement. Grantor hereby voluntarily grants and conveys to Grantee,
successors, and assigns, subject to any previous duly recorded easements or grants
of record, ptJblie TLBD improvements and maintenance easement over, under,
and across the real property described as follows:
(Hereinafter the "property") of the nature and character and to the extent hereinafter set
forth ("Easement").
3) PUlJ)ose of Easement. This Easement is granted for the express purpose of
allowing Grantee to use the Property to construct and maintain public TLBD
improvements over, under, and across the Property for the benefit of the publie including,
but not limited to, signage, walls, water features, fountains, landscaping, and utilities and
any other incidental appurtenances and accessories thereto. It is also the express purpose
of this Easement to provide Grantee unconditional ingress and egress to, over, under and
from the Property for the purposes stated herein.
4) Ril!hts of Grantee. To accomplish the purposes stated above, and at Grantee's
expense, the following rights are conveyed the Grantee by this easement:
a. To use the Property to construct, operate, and maintain ptWlie TLBD
improvements over, under, and across the Property for the beneflt ofthe p1:ll1lie
including, but not limited to, signage, walls, fountains, water features,
landscaping, and utilities and any other incidental appurtenances and accessories
thereto:
b. To prevent any activity on or use of the Property that is inconsistent with
the purpose of the Easement, and to require the restoration of areas of features of
the Property that may be damaged by an inconsistent activity or use:
c. To use this Easement for ingress and egress to the defined TLBD aBy
~ improvements. utility facilities and appurteaanees ovmed, desiglltlted, or
operated hy Gramee or construeted plB"suaat to this Easement:
Ef.:. To 600 this Easement for the pu.rposes ofprovidiag water, sewer,
stormwater, reuse, and eleetrioity to or through the Property by OORStrueting,
operating, and maintaining utility lines, pipes,ditohes ohannels, laterals, trees,
joints, poles and appurtenanees over, under, and aoross tbe Property, inoluding the
2
I
right to grant nonexclusive easements or licenses to any third party publio or
private utility for the purposes stated hereirr.--and
e. To cut, trim, and keep clean such trees, brush, and undergrowth
that might hinder or prohibit the use of the Property. For public improvements
including, but not limited to signage, walls, fountains, landscaping, and utilities
and any other incidental appurtenances thereto: and
f To take any civil action deemed necessary, at the Grantee's sole
and absolute discretion, to protect and preserve the Easement granted hereunder. (is this
wording necessary? - it seemed to the Committee to be redundant)
5) Permits The parties acknowledge that certain local, state, and federal
permits may be required from time to time for purposes of constructing, operating, and
maintaining the public TLBD improvements and other incidental appurtenances and
accessory structures referred to herein. Grantor, as fee simple owner of the Property,
hereby agrees to allow Grantee to make application for said permits and also agrees to
join in any said permit (as signatory or otherwise) when required by any permitting
agency for issuance of the permit.
Notwithstanding, Grantee shall be solely responsible and liable for complying with any
local, state, or federal permit requirements, obligations, and duties (if any) related to the
construction, operation, and maintenance of the publie TLBD improvements and other
incidental appurtenances and accessory structures.
6) Easements. Run with the Land. This Easement shall remain a charge against
the Property. Therefore, this Easement shall "run with the land" and be automatically
assigned by any deed or other conveyance conveying a portion of the Property relating to
this easement, even though conveyance makes no reference to this Easement as such.
7) Attornev's Fees. In the event of any legal action arising under this Easement
between the parties, the parties agree to incur their own attorney's fees, court costs, and
expenses, through all appellate proceedings.
Board asked if this clause was necessary. Is this right implicit in the document
itself!
8) Recordation. Grantee shall record this instrument in a timely fashion in the
Official Records of Seminole County, Florida and may re-record it at any time as may be
required to preserve its rights in this Easement.
9) Successors.
The covenants, terms, conditions, rights, and restrictions of thisEasement shall be binding
upon, and inure to the benefit of the parties hereto and their respective personal
representatives, heirs, successors, and assigns and shall continue as a servitude running
with the Property.
3
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10) Grantors Representations and Warranties. Grantor hereby agrees and makes the
following representations and warranties to Grantee:
a.
Grantor is lawfully seized of said Property in fee simple and has
full and lawful authority to execute this Easement, convey the
Easement to Grantee, and bind the Property as set forth herein.
b.
The Property is free of any and all encumbrances, except zoning
restrictions and prohibitions and other requirements imposed by
government authority and other encumbrances which are recorded
in the public records of Seminole County, Florida.
c.
Grantor shall pay any and all taxes that are levied on the Property,
from time to time, as said taxes and assessments come due.
The committee was concerned that the improvement
would increase the properly value of the land on which it
was constructed hence increase the individuals toxes.
They would like an explanation as to how this would be
handled
d.
Grantor hereby warrants the title to the Easement granted
hereunder over, under, and across the Property and will defend the
same against lawful claims of all persons whomever.
11) Grantee's Ri~bt to Seek Eauitable Relief. Grantor agrees, acknowledges and
recognizes that any breach of this easement by Grantor would result in irreparable harm
to Grantee and the public, TLBD, and accordingly, Grantor agrees that in addition to and
not in lieu of all legal and equitable remedies available to Grantee by reason of such
breach, Grantee shall be entitled to equitable relief (including, without limitation, specific
performance and injunctive reliet) to enjoin the occurrence and continuation of the
breach.
12) Entire A2reement. This Easement constitutes the full and entire agreement
between the parties hereto and supercedes any oral or written prior communications
between the parties related to the subject matter contained in this Easement. The
Easement shall be governed by the laws of Florida.
13) Soverei2n Immunitv. Nothing contained in this Easement shall be
construed as a waiver of the Grantee's right to sovereign immunity under Section 768.28,
Florida Statutes, or other limitations imposed on the Grantee's potential liability under
state or federal law.
14) Modifications. This Easement shall only be modified by a written
instrument executed by the parties hereto or any successor, assigns heirs, or
representatives thereto.
4
~
15) Grantors Duty of Noninteference. Grantor agrees not to interfere or allow
others to interfere with Grantor's rights to use the Property as specifically set forth herein.
Grantor agrees not to pennit or allow the construction or erection of any building or
structure on the Property without prior written consent of the Grantee.
16) Termination. The parties agree that this Easement is intended to be perpetual.
However, in the event the Grantee detennines, at its sole discretion, that it no longer
requires the property for publio TLBD improvements described herein, Grantee, at
Grantor's written request, agrees to execute an appropriate written instrument to terminate
this easement.
IN WITNESS WHEREOF. Grantor and Grantee set their respective hands on
the day and year above written.
WITNESSES:
(GRANTOR)
Print Name
by
Print Name
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged and sworn to before me this
Day of . 2000 by who is/is not personally known to
me, or has produced as identification.
NOTARY PUBLIC
WITNESSES
CITY OF WINTER SPRINGS (GRANTEE)
Print Name
By: Ronald W. McLemore
City Manager
Print Name
5
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged and sworn to before me this _ day of
,2000 by Ronald W. McLemore, City Manager of the City of Winter Springs
Florida who is/is not personally known to me, or has produced
As identification.
NOTARY PUBLIC
6
~.cvlJc4
I : DO-
TUSCAWILLA BEAUTIFICATION AND LIGHTING ADVISORY COMMITTEE ~7. ~ t:J ~
ROLL CALL ~_ d;f-- . , ~
~
/ Chari man Donald Gilmore -
/ Vice Chairman Gary Hillary- ~
~Committee Member Moti Khemlani -rv:r- ~
v: Committee Member George MOrri1;~
V Committee Member Linda Tillis ."
~ rtj
AYE_ NAY_ Committee Member Moti Khemlani
AYE_ NAY_ Chariman Donald Gilmore
AYE_ NAY_ Committee Member Linda Tillis
AYE_ NAY_ Committee Member George Morris
A YE_ NAY_Vice Chairmann Gary Hillary
Committee Member Moti Khemlani
Chariman Donald Gilmore
Committee Member Linda Tillis
Committee Member George Morris
Vice Chairmann Gary Hillary
Committee Member Linda Tillis
Vice Chairmann Gary Hillary
Committee Member George Morris
Committee Member Moti Khemlani
Chariman Donald Gilmore
Chariman Donald Gilmore
Committee Member George Morris
Committee Member Moti Khemlani
Vice Chairmann Gary Hillary
Committee Member Linda Tillis
Committee Member George Morris
Committee Member Linda Tillis
Vice Chairmann Gary Hillary
Chariman Donald Gilmore
Committee Member Moti Khemlani
BOARDS /trustees/fy9798 / mise / rolleall.xls
AYE_
AYE_
AYE_
AYE_
AYE_
AYE_
AYE_
AYE_
AYE_
AYE_
AYE_
AYE_
AYE_
AYE_
AYE_
Vice Chairmann Gary Hillary
Committee Member Moti Khemlani
Chariman Donald Gilmore
Committee Member Linda Tillis
Committee Member George Morris
NAY_ Committee Member Linda Tillis
NAY_ Vice Chairmann Gary Hillary
NAY_ Committee Member George Morris
NAY_ Committee Member Moti Khemlani
NAY_ Chariman Donald Gilmore
NAY_ Chairman Donald Gilmore
NAY_ Committee Member George Morris
NAY_ Committee Member Moti Khemlani
NAY_Vice Chairmann Gary Hillary
NAY_ Committee Member Linda Tillis
NAY_ Committee Member George Morris
NAY_ Committee Member Linda Tillis
NAY_ Vice Chairmann Gary Hillary
NAY_ Chariman Donald Gilmore
NAY_ Committee Member Moti Khemlani
,
, I
~
ADDENDUM
THIS ADDENDUM to that certain Agreement, dated September 28, 1999,
between the CITY OF WINTER SPRINGS ("Owner") and CATHCART
CONTRACTING COMPANY ("Company"), is entered into this _ day of
2000.
Whereas, Owner and Company previously entered into that certain agreement,
dated September 28, 1999 ("Agreement"), by which Company agreed to perform
construction services for the Tuskawilla Lighting and Beautification District Entryway
Enhancements ("Enhancements"): and
Whereas, Owner plans to finance the construction of the Enhancements through
the issuance of municipal bonds and the implementation of a special assessment for the
area within the Tuskawilla Lighting and Beautification District ("District"): and
Whereas, the issuance of the Bonds and the implementation of the Assessment
was challenged in the Circuit Court in and for Seminole County by citizens living in the
District: and
Whereas, as the result of that challenge, the Company's work under the
Agreement was suspended by the Owner: and
Whereas, because of the challenge, the Owner is seeking to validate the Bonds
and Assessment pursuant to Chapter 75, Florida Statutes ("Bond Validation
Proceeding"); and
Whereas, the Bond Valuation Proceeding is currently on appeal at the Florida
Supreme Court and the outcome is uncertain at the effective date of this Addendum; and
Whereas, under the terms and conditions contained herein, Owner and Company
desire to indefinitely suspend the work under the Contract until such time as the Bond
Proceeding is completed and the Owner determines whether or not to issue the Bonds.
IN CONSIDERATION of the mutual promises and other consideration set forth
herein, the receipt and sufficiency of which is hereby acknowledged by the parties to
have been received, Owner and Company agree as follows:
Section 1. Incorporation of Recitals. The foregoing recitals are hereby
acknowledged by the parties to be true and correct and are hereby fully incorporated
herein by this reference.
.'
""
Section 2. Amendment to Agreement. Notwithstanding any other provision
contained in the Agreement, including the Contract Documents set forth in Section 2 of
the Agreement, Owner and Company agree that the work described in the Agreement is
indefinitely suspended until such time as a final disposition of the Bond Proceeding has
been rendered by a court of competent jurisdiction and the Owner determines, no later
than sixty (60) days after said disposition, whether or not to issue the Bonds. During the
first year and one-half of such suspension Company agrees not to terminate the
Agreement.
Section 3. Payment to Company. Within thirty (30) days of the date the parties
fully execute this Agreement, Owner agrees to pay Company Nineteen Thousand Four
Hundred Dollars ($19,400.00) for all of Company's present out-of-pocket expenditures
for bonding, equipment mobilization, and other reasonable expenses incurred as a result
of the initial suspension of work under the Agreement.
Section 4. Adjustment to the Agreement. If Owner recommences work under
the Agreement, Owner and Company agree the Company shall be paid Thirty Five
Thousand Dollars ($35,000.00) as a remobilization fee and, in addition, a material and
labor escalation fee of two percent (2%) per annum, or the increase in the Consumer
Price Index, whichever is greater, for each month, or part thereof, the project is
suspended, beginning at the effective date of the Suspension of Work Order (October 12,
2000). In addition to the above payments, Owner agrees to grant an appropriate
extension of time to perform the work under the Agreement, provided the extension is
attributable to the time delay caused by the Board Proceeding.
Section 5. Other Terms. All other terms and conditions of the Agreement, and
the rights ofthe parties under the Agreement, shall be preserved and remain in full force
and effect, except as modified herein.
Witness:
Company
Print Name
Print Name/Title
Print Name
Date:
Owner
Print Name
Print Name/Title
Print Name
Date:
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CITY OF WINTER SPRINGS
MINUTES
TUSCAWILLA LIGHTING AND BEAUTIFICATION
DISTRICT ADVISORY COMMITTEE
REGULAR MEETING
MAY 16,2000
I. CALL TO ORDER
Vice Chairman Gary Hillary called the Regular Meeting to order at 7:12 p.m., Tuesday,
May 16,2000, in the East Conference Room of the Municipal Building (City Hall, 1126
East State Road 434, Winter Springs, Florida 32708).
Roll Call
Chairman Donald A. Gilmore, arrived at 7:35 p.m.
Vice Chairman Gary Hillary, present
Committee Member Moti Khemlani, present
Committee Member George Morris, absent
Committee Member Linda Tillis, present
Also Present
Mr. George Edwards, Capital Projects Coordinator
Ms. Kangee Graham, Landscape Management Consultant
Vice Chairman Gary Hillary informed the Board that due to a death in the family
Committee Member George Morris was unable to attend the meeting.
Approval of the April 18, 2000 Regular Meeting Minutes
MOTION BY COMMITTEE MEMBER KHEMLANI. "I MOVE THAT WE
ACCEPT THE MINUTES OF APRIL 18,2000." SECONDED BY COMMITTEE
MEMBER TILLIS. DISCUSSION.
VOTE:
VICE CHAIRMAN HILLARY: AYE
COMMITTEE MEMBER TILLIS: AYE
COMMITTEE MEMBER KHEMLANI: AYE
MOTION CARRIED.
.:..:. AGENDA NOTE: THE FOLLOWING AGENDA ITEMS ARE
DOCUMENTED IN THE ORDER DISCUSSED. .:. .:.
..
CITY OF WINTER SPRINGS
MINUTES
TUSCAWILLA LIGHTING AND BEAUTIFICATION
DISTRICT ADVISORY COMMITTEE
REGULAR MEETING - MAY 16.2000
PAGE20F3
II. REGULAR AGENDA
A. Update On Wall At Trotwood Boulevard
Ms. Graham, Landscape Management Consultant informed the Committee of Fathers
Bluett's intentions to construct a wall along his property on Tuskawilla Road.
The Committee discussed construction details of a free-formed wall; and that it is not
necessary to send a response to Father Bluett's letter.
B. Discussion of Easements and Agreements
Mr. George Edwards, Capital Projects Coordinator informed the Committee that he has
drawn up the easement agreements, which have been sent to the City Attorney; that legal
property descriptions need to be completed; and that if the wall is tom down the easement
is voided.
Discussion ensued regarding the easement agreement from Tuscawilla Homeowners
Association; the status of the Dyson annexation; the Dyson easements; and the removal
of the pillars along Tuskawilla Road. Committee Member Khemlani reported to the
Committee of the response from homeowners regarding the Shetland easement
agreement.
Chairman Donald Gilmore arrived at 7:34 p. m.
The Committee updated Chairman Gilmore on issues that had been discussed prior to his
arrival.
c. Maintenance Specifications
Ms. Graham informed the Committee that the maintenance specifications will be ready
for next month's meeting; and that she needs to update the draft and return it to Mr.
Kipton LockcuffP.E., Public WorkslUtility Director for his review.
D. Other Business
The Committee discussed that several subcontractors have called Ms. Graham regarding
the status of the project; the status of the lawsuit; the results of the City Commission
Special Meeting regarding the Oak Forest Resolution; the additional traffic on Shetland
Avenue and Dyson Road due to the road construction on Tuskawilla Road; the "good
job" that the Winter Springs Police Department does by monitoring for speeders; who
owns the land between the sidewalk and the 7 Eleven property line along Winter Springs
Boulevard; the drainage problem on Colt Road; and the ownership of Colt Road.
Tape I/Side B
...
CITY OF WINTER SPRINGS
MINUTES
TUSCAWILLA LIGHTING AND BEAUTIFICATION
DISTRICT ADVISORY COMMITTEE
REGULAR MEETING - MAY 16.2000
PAGE 3 OF 3
III. FUTURE AGENDA ITEMS
· Maintenance Specifications
· Discussion of Easement and Agreements
IV. ADJOURNMENT
MOTION BY COMMITTEE MEMBER KHEMLANI. "I MOVE THAT WE
ADJOURN THIS MEETING." COMMITTEE MEMBER TILLIS SECONDED.
THE COMMITTEE AGREED TO THE MOTION BY CONSENSUS.
Chairman Gilmore adjourned the meeting at 8:12 p.m.
Minutes respectfully submitted by: Debbie Gillespie, City Clerk's Office
City of Winter Springs
DOCS\Arl\Committees\ TLBDAC\MINUTES\ 1999\mintlbdac-051600.doc