HomeMy WebLinkAbout2013 08 12 Public Hearing 501 Resolution 2013-22 Tuscawilla Phase 3 Wall Area and Resolution 2013-27 Phase 3 Fund Establishment COMMISSION AGENDA
Informational
Consent
ITEM 501 public Hearings X
Regular
August 12, 2013 KS RS
Regular Meeting City Manager Department
REQUEST:
The Community Development Department, Urban Beautification Division, is requesting
that the City Commission approve Resolution 2013-22, Final Improvement and
Maintenance Assessment for Tuscawilla Phase III; submission of the Certificate to Non-Ad
Valorem Assessment Roll, Assessment Summary and FY 2013-2014 Assessment Roll for
Tax Year 2013; an internal loan from the City to the Tuscawilla Phase III Special
Assessment Area in the amount of $80,820; Resolution 2013-27, for establishment of the
Tuscawilla Phase III Special Assessment Fund; and a contract with Alternative Wall
Systems in the amount of $25,000, all required to establish the Tuscawilla Phase III
Assessment Area, begin the related capital project, and levy special assessments starting in
November 2013 on the Seminole County Property Tax Bill.
SYNOPSIS:
On June 10, 2013, under Agenda Item 601, the City Commission approved Resolution 2013-
10, Initial Improvement and Maintenance Assessment Resolution for the Tuscawilla Phase
III Special Assessment Area. Additionally, the City Commission chose Option 'B' as the
desired entrance wall replacement option with a capital cost of $80,820, as compared to
Option 'A', which carries a capital cost of more than $129,000. Choosing Option 'B' resulted
in an estimated maintenance assessment base rate of$75 per Benefit Unit(B.U.) and capital
assessment base rate of$85 per B.U.
At the same meeting on Jun 10, 2013, pursuant to the Uniform Assessment Collection
Act, a final public hearing for the creation of Tuscawilla Phase III Assessment Area was set
for August 12, 2013 at 5:15pm. In preparation for the August meeting, proper notice was
published in the Orlando Sentinel Legal Section on July 7, 2013 and letters were
delivered to all affected residents via the U.S. Postal Service.
Public Hearings 501 PAGE 1 OF 5-August 12,2013
Under this Agenda Item, Staff is requesting City Commission approval of Resolution 2013-
22, which is a legal requirement for the creation of the Tuscawilla Phase III Assessment
Area. Approval is also required for the issuance of an internal loan from the City's General
Fund to the Tuscawilla Phase III Special Assessment Area in the amount of$80,820; in
order to fund costs of program establishment, rebuilding of entrance walls, and initial
repairs.
Approval is also being requested to establish the Tuscawilla Phase III Special Assessment
Fund, per Governmental Accounting Standards Board - Statement No. 54 requirements.
This fund will be utilized for the collection of capital and maintenance assessments to be
levied by the Tuscawilla Phase III Special Assessment Area for the purpose of construction
and ongoing maintenance of the Tuscawilla Units 12/12A Wall, in addition to funding debt
service payments of the related debt instrument for a 20 year period.
Approval is also required for an agreement with Alternative Wall Systems in the amount of
$25,000 for the repair and reconstruction of the Tuscawilla Units 12/12A Entrance Walls as
detailed in Attachment'D'.
The FY 2013-2014 Assessment Roll for the Tuscawilla Phase III Special Assessment Area
(Tuscawilla Units 12/12A) are available in the City Hall lobby, the City Clerk's office, and
the Urban Beautification Manager's office. An electronic copy can be requested via email
at: srichart(c_,,winterspringsfl.org.
CONSIDERATIONS:
A 'Final White Paper Analysis' (June 2013) has been provided by NBS and included as
Attachment 'B' to this Agenda Item. All pertinent information, including Estimated Costs,
Assessment Analysis, Assessment Methodology, Assessment Allocation, Legal Analysis,
Professional Opinions, Map and Assessment Rolls, are included in the report.
■ CRITICAL EVENTS SCHEDULE
• August 13, 2013 - Initial Pre-Payment Notifications sent to Residents (see
Attachment'A', Appendix 'D')
• August 13 through August 30, 2013 -Final updates to Assessment Rolls
• August 30, 2013 -Initial Pre-payments due from residents
• September 6, 2013 Assessment Rolls transmitted and certified to the Tax Collector
(see Attachment'G')
• September 2013 - Loan proceeds issued to Tuscawilla Phase III Special Assessment
Area; City is reimbursed for front-loaded expenditures
• October 2013 - Capital project begins based on the contractor's schedule
• November 2013 - Tax bills sent to residents by the Seminole County Tax Collector
FISCAL IMPACT:
Approval of Resolution 2013-22 will create the Tuscawilla Phase III Special Assessment
Area for the repair and maintenance of the Tuscawilla Units 12/12A Wall. Starting in
November 2013, Non-Ad Valorem Assessments will be imposed upon 86 parcels (88
parcels in the program)which have been determined to receive a special benefit from the
capital project and ongoing wall maintenance program as follows:
Public Hearings 501 PAGE 2 OF 5-August 12,2013
■ CAPITAL/IMPROVEMENT ASSESSMENT
A loan from the City's General Fund Reserves will be issued to the Tuscawilla Phase III
Assessment Area in the amount of$80,820, minus prepayments applied toward the project
cost prior to loan issuance. The debt instrument will have a 20-year amortization
schedule featuring a capped, variable interest rate for years 6-10 (1.25% increase max.), 11-
15 (1.25% increase max.), and 16-20 (1.50% increase max.). The initial interest rate at
issuance will be 2.875% and the maximum rate will be 6.875%.
Capital Assessments will be collected on an annual basis through the Seminole County
Property Tax Bill for parcels which have not participated in the initial pre-payment
option. Property owners have the opportunity (beginning August 13, 2013) to make an
initial pre-payment to opt-out of the capital assessment. Those who make a capital
prepayment in full by August 30, 2013 will be removed from the tax roll for the annual
capital assessment. The final assessment roll and loan principal cannot be calculated until
the prepayment period has ended.
Initially, parcels without brick wall frontage (1 B.U.)will be assessed $85 and parcels with
brick wall frontage (1.2 B.U.)will be assessed $102. The maximum assessment per parcel
will be $88 without brick wall frontage (1 B.U.) and $105.60 with brick wall frontage (1.2
B.U.), respectively. The capital assessment will continue for 20 years unless the loan is
retired at an earlier date due to advance principal prepayment(s).
Upon funding of the loan to Tuscawilla Phase III Special Assessment Area, all expenditures
previously front-loaded by the City, except $5,125 for a wall survey and structural
evaluation, shall be reimbursed to the City from loan proceeds.
■ MAINTENANCE ASSESSMENT
The Tuscawilla Phase III Special Assessment Area Maintenance Program includes annual
repairs, administrative, management, insurance and consultant costs required to care for the
Tuscawilla Units 12/12A Wall and administer the Special Assessment Program.
Maintenance Assessments will be collected on an annual basis through the
Seminole County Property Tax Bill for parcels included in the program. Initially, parcels
without brick wall frontage (1 B.U.)will be assessed $75 and parcels with brick wall
frontage (1.2 B.U.)will be assessed $90. The maximum assessment per parcel will be $87
(1 B.U.) and $104.40 (1.2 B.U.), respectively. The maintenance assessment will continue in
perpetuity.
■ WALL PROJECT
At the June 10, 2013 City Commission Meeting, Option 'B' was approved as the more
reasonable and economical solution to address the repair and reconstruction of eight (8)
walls at four (4) entrances to the Tuscawilla Units 12/12A Subdivision. As part of
Option 'B', Alternative Wall Systems provided a proposal for $25,000 to repair and rebuild
the entrance walls using bricks reclaimed from the previous wall demolition. This
innovative approach was also recommended by Staff as an effective option to balance goals
of the City and Community, while saving a considerable amount of money. The agreement
Public Hearings 501 PAGE 3 OF 5-August 12,2013
and proposal for Alternative Wall Systems is found in Attachment'D'.
. ASSESSMENT PROGRAM COSTS
The annual assessment service fees and staff costs will be budgeted in the Tuscawilla
Phase III Special Assessment Area Fund (162) for the 2013-2014 Fiscal Year Budget and
will not adversely impact the General Fund.
COMMUNICATION EFFORTS:
This Agenda Item has been electronically forwarded to the Mayor and City Commission,
City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and
the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the
respective Meeting Agenda which has also been electronically forwarded to the individuals
noted above, and which is also available on the City's Website, LaserFiche, and the City's
Server; has been sent to applicable City Staff, 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.
A Notice Of Hearing To Impose and Provide For Collection Of Non-Ad Valorem
Assessments for the Tuscawilla Phase III Special Assessment Area was published in the
Orlando Sentinel Legal Section on July 7, 2013. Notice was also delivered to each of the
(86) affected residents via the U.S. Postal Service prior to June 23, 2013.
RECOMMENDATION:
The Community Development Department, Urban Beautification Division, recommends
that the City Commission issue approval for the following recommendations in order to
comply with legal and operational requirements for establishment of Tuscawilla Phase III
Special Assessment Area (approval required in the order shown below):
1. Recommendation - Adoption of Resolution 2013-22, Final Improvement and
Maintenance Assessment Resolution, for creation of the Tuscawilla Phase III
Assessment Area.
2. Recommendation - Approval of the Certificate to Non-Ad Valorem Assessment
Roll, Assessment Summary and FY 2013-2014 Assessment Roll for Tax Year 2013,
for submission to the Seminole County Tax Collector.
3. Recommendation - Approval of an internal loan from the City's General Fund
Reserves for financing of the Tuscawilla Phase III Assessment Area Capital Costs
in an amount up to $80,820 (Initial pre-payments may reduce the amount financed).
4. Recommendation - Adoption of Resolution 2013-27 establishing the Tuscawilla
Phase III Special Assessment Fund, including purposed constraints imposed upon the
uses of these funds, as necessitated by Governmental Accounting Standards Board -
Statement No. 54.
5. Recommendation - Approval of an agreement with Alternative Wall Systems in the
amount of $25,000 for repair and reconstruction of the Tuscawilla Units 12/12A
Public Hearings 501 PAGE 4 OF 5-August 12,2013
Entrance Walls.
6. Recommendation - Approval for the Mayor, City Manager and City Attorney to
draft and execute any and all documents necessary pursuant to items (1-5), as
approved by the City Commission in connection with this Agenda Item.
ATTACHMENTS:
A. Resolution 2013-22 Final Improvement and Maintenance Assessment Resolution for
the Tuscawilla Phase III Assessment Area (Tuscawilla Units 12/12A)
B. Tuscawilla Units 12/12A (Tuscawilla Phase III Special Assessment Area) -
Assessment Program Final White Paper Analysis by NBS
C. Resolution 2013-27 Establishment of Tuscawilla Phase III Special Assessment Fund
D. Agreement with Alternative Wall Systems for Tuscawilla Phase III Capital Project
(Wall Repair and Rebuilding)
E. Tuscawilla Units 12/12A (Tuscawilla Phase III Special Assessment Area) - FY 2013-
2014 Certificate to Non-Ad Valorem Assessment Roll including (DR408A)
F. Tuscawilla Units 12/12A (Tuscawilla Phase III Special Assessment Area) - FY 2013-
2014 Assessment Summary
G. Tuscawilla Units 12/12A (Tuscawilla Phase III Special Assessment Area) - FY 2013-
2014 Assessment Roll for Tax Year 2013
Public Hearings 501 PAGE 5 OF 5-August 12,2013
Attachment 'A'
CITY OF WINTER SPRINGS, FLORIDA
FINAL IMPROVEMENT ASSESSMENT RESOLUTION
AND
MAINTENANCE ASSESSMENT RESOLUTION
FOR THE
TUSCAWILLA (PHASE III) ASSESSMENT AREA
ADOPTED AUGUST 12, 2013
CITY OF WINTER SPRINGS, FLORIDA
RESOLUTION NO. 2013-22
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA RELATING TO
THE CONSTRUCTION AND FUNDING OF THE
TUSCAWILLA (PHASE 111) IMPROVEMENT PROJECT;
CREATING THE TUSCAWILLA (PHASE 111)
ASSESSMENT AREA; IMPOSING SPECIAL
ASSESSMENTS AND ESTABLISHING THE MAXIMUM
ANNUAL AMOUNT FOR EACH TAX PARCEL;
APPROVING THE IMPROVEMENT ASSESSMENT
ROLL AND MAINTENANCE ASSESSMENT ROLL;
PROVIDING FOR COLLECTION OF THE
ASSESSMENTS; PROVIDING FOR SEVERABILITY,
REPEAL OF PRIOR INCONSISTENT RESOLUTIONS,
AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Winter Springs, Florida (the
"City Commission") enacted Ordinance No. 98-704 on July 27, 1998 (the "Ordinance")
to provide for the imposition of special assessments to fund (1) the construction of Local
Improvements to benefit property located in proposed special assessment areas, and (2)
the cost of maintaining such Local Improvements; and
WHEREAS, on June 10, 2013, the City Commission adopted Resolution No.
2013-10 (the "Initial Assessment Resolution"), proposing the creation of the Tuscawilla
(Phase 111) Assessment Area and describing the method of assessing the capital and
maintenance cost of the Tuscawilla (Phase 111) Improvement Project (as defined therein)
against the real property that will be specially benefited thereby, and directing
City of Winter Springs
Resolution Number 2013-22
Page 1 of 15
preparation of the tentative Improvement Assessment Roll, Maintenance Assessment Roll
and provision of the notices required by the Ordinance; and
WHEREAS, pursuant to the provisions of the Ordinance, the City Commission is
required to confirm or repeal the Initial Assessment Resolution, with such amendments as
the City Commission deems appropriate, after hearing comments and receiving
objections of all interested parties; and
WHEREAS, the Improvement Assessment Roll and the Maintenance Assessment
Roll (collectively, the "Assessment Rolls") have heretofore been filed with the City
Clerk, as required by the Ordinance; and
WHEREAS, as required by the terms of the Ordinance, notice of a public hearing
has been published and mailed to each property owner proposed to be assessed notifying
such property owner of the opportunity to be heard; the proof of publication and an
affidavit of mailing are attached hereto as APPENDICES B and C respectively; and
WHEREAS, a public hearing has been duly held and comments and objections of
all interested persons have been heard and considered as required by the terms of the
Ordinance; and
City of Winter Springs
Resolution Number 2013-22
Page 2 of 15
WHEREAS, the City Commission of the City of Winter Springs deems that this
Final Resolution is in the best interests of the public health, safety, and welfare of the
citizens of the City of Winter Springs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF WINTER SPRINGS, FLORIDA, AS FOLLOWS:
SECTION 1. AUTHORITY. This Final Resolution is adopted pursuant to
the Ordinance, Chapter 166, Florida Statutes, and other applicable provisions of law.
SECTION 2. DEFINITIONS. This Final Resolution is the Final
Resolution as defined in the Initial Assessment Resolution. All capitalized terms in this
Final Resolution shall have the meanings defined in the Ordinance and the Initial
Assessment Resolution.
SECTION 3. CREATION OF THE ASSESSMENT AREA. The
Tuscawilla (Phase 111) Assessment Area is hereby created to include the property
described in APPENDIX A hereto. The Tuscawilla (Phase 111) Assessment Area is
created for the purpose of improving and enhancing the aesthetic beauty, subdivision
identity and safety of property located therein by funding the Tuscawilla (Phase 111)
Improvement Project.
City of Winter Springs
Resolution Number 2013-22
Page 3 of 15
SECTION 4. CONFIRMATION OF INITIAL ASSESSMENT
RESOLUTION. The Initial Assessment Resolution is hereby ratified and confirmed.
SECTION 5. APPROVAL OF IMPROVEMENT ASSESSMENT
ROLL AND MAINTENANCE ASSESSMENT ROLL. The Improvement
Assessment Roll and Maintenance Assessment Roll, which are currently on file with the
City Clerk and incorporated herein by reference, are hereby approved.
SECTION 6. IMPROVEMENT AND MAINTENANCE
ASSESSMENTS.
(A) The Tax Parcels described in the Improvement Assessment Roll are hereby
found to be specially benefited by construction of the Tuscawilla (Phase 111)
Improvement Project in the amount of the maximum annual Improvement Assessment set
forth in the Improvement Assessment Roll. The methodology for computing annual
Improvement Assessments described in the Initial Assessment Resolution is hereby
approved. Annual Improvement Assessments computed in the manner described in the
Initial Assessment Resolution are hereby levied and imposed on all Tax Parcels described
in the Improvement Assessment Roll. Tax Parcels located in the Tuscawilla (Phase 111)
Assessment Area shall have a maximum annual Improvement Assessment rate of$88.00
per Benefit Unit for a period of twenty (20)years, commencing with the tax bill mailed in
November 2013; provided, however, the first year Improvement Assessment rate shall be
City of Winter Springs
Resolution Number 2013-22
Page 4 of 15
$85.00 per Benefit Unit. The resulting Initial Prepayment is equal to $900.00 per Benefit
Unit.
(B) The Tax Parcels described in the Maintenance Assessment Roll are hereby
found to be specially benefited by the maintenance of the Tuscawilla (Phase 111)
Improvement Project in the amount of the maximum annual Maintenance Assessment set
forth in the Maintenance Assessment Roll. The methodology for computing annual
Maintenance Assessments described in the Initial Assessment Resolution is hereby
approved. Annual Maintenance Assessments computed in the manner described in the
Initial Assessment Resolution are hereby levied and imposed on all Tax Parcels described
in the Maintenance Assessment Roll. Tax Parcels located in the Tuscawilla (Phase 111)
Assessment Area shall have a maximum annual Maintenance Assessment rate of $87.00
per Benefit Unit, commencing with the tax bill mailed in November 2013; provided,
however, the first year Maintenance Assessment rate shall be $75.00 per Benefit Unit.
(C) Upon adoption of this Final Resolution and the Annual Assessment
Resolution for each subsequent Fiscal Year:
(1) The annual Assessments shall constitute a lien against assessed
property equal in rank and dignity with the liens of all state, county, district or
municipal taxes and other non-ad valorem assessments. Except as otherwise
provided by law, such lien shall be superior in dignity to all other liens, titles, and
City of Winter Springs
Resolution Number 2013-22
Page 5 of 15
claims until the ad valorem tax bill for such year is otherwise paid in full pursuant
to the Uniform Assessment Collection Act. The lien shall be deemed perfected
upon adoption by the City Commission of the Annual Assessment Resolution and
shall attach to property included on the Improvement Assessment Roll and
Maintenance Assessment Roll as of the prior January 1, the lien date for ad-
valorem taxes.
(2) As to any Tax Parcel that is to be acquired by a public entity through
condemnation, negotiated sale or otherwise prior to adoption of the next Annual
Assessment Resolution, the Adjusted Prepayment Amount shall constitute a lien
against assessed property equal in rank and dignity with the liens of all state,
county, district or municipal taxes and other non ad valorem assessments. Except
as otherwise provided by law, such lien shall be superior in dignity to all other
liens, titles, and claims until paid. The lien shall be deemed perfected upon
adoption by the City Commission of the Annual Assessment Resolution and shall
attach to the property included on the Improvement Assessment Roll and
Maintenance Assessment Roll upon adoption of the Annual Assessment
Resolution.
SECTION 7. COLLECTION OF ASSESSMENTS. The Assessments
shall be collected pursuant to the Uniform Assessment Collection Act. Upon adoption of
City of Winter Springs
Resolution Number 2013-22
Page 6 of 15
the Annual Assessment Resolution for each Fiscal Year, the City Clerk shall cause the
certification and delivery of the Assessment Rolls to the Tax Collector by September 15,
in the manner prescribed by the Uniform Assessment Collection Act.
SECTION 8. EFFECT OF FINAL RESOLUTION. The adoption of this
Final Resolution shall be the final adjudication of the issues presented herein and in the
Initial Assessment Resolution (including, but not limited to, the method by which the
Assessments will be computed, the Improvement Assessment Roll and Maintenance
Assessment Roll, the maximum annual Improvement Assessment, the maximum annual
Maintenance Assessment, the levy and lien of the Assessments and the terms for
prepayment of the Improvement Assessments) unless proper steps are initiated in a court
of competent jurisdiction to secure relief within 20 days from the date of City
Commission action on this Final Resolution.
SECTION 9. PREPAYMENT NOTICE. The City Clerk is hereby
directed to provide notice by first class mail to the owner of each Tax Parcel described in
the Improvement Assessment Roll of the opportunity to prepay all future annual
Improvement Assessments, without additional financing cost. The notice, in
substantially the form attached as APPENDIX D, shall be mailed to each property owner
at the address utilized for the notice provided pursuant to Section 2.03 of the Initial
Assessment Resolution.
City of Winter Springs
Resolution Number 2013-22
Page 7 of 15
SECTION 10. ASSESSMENT NOTICE. The City Clerk is hereby directed
to record this Final Resolution as notice of the Assessments in the Official Records Book
in the office of the Seminole County Clerk of Courts. The preliminary Improvement
Assessment Roll, the Maintenance Assessment Roll, and each annual Assessment Roll
shall be retained by the City Clerk and shall be available for public inspection.
SECTION 11. SEVERABILITY. If any section, subsection, sentence,
clause, phrase, word, or portion of this Final Resolution is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity
of the remaining portion hereto.
SECTION 12. REPEAL OF PRIOR INCONSISTENT RESOLUTIONS.
All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the
extent of the conflict.
SECTION 13. EFFECTIVE DATE. This Final Resolution shall take effect
immediately upon its passage and adoption.
City of Winter Springs
Resolution Number 2013-22
Page 8 of 15
PASSED AND DULY ADOPTED by the City Commission of the City of Winter
Springs, Florida, this 12th day of August, 2013.
CITY COMMISSION OF WINTER
SPRINGS, FLORIDA
(SEAL) By:
Charles Lacy, Mayor
ATTEST:
By:
Andrea Lorenzo-Luaces, City Clerk
APPROVED AS TO FORM BY THE
WINTER SPRINGS CITY ATTORNEY
By:
Anthony A. Garganese, City Attorney
City of Winter Springs
Resolution Number 2013-22
Page 9 of 15
APPENDIX A
DESCRIPTION OF TUSCAWILLA (PHASE III) ASSESSMENT AREA
(1) Tuscawilla Unit 12, as recorded in Plat Book 28, Pages 98-102, of the
public records of Seminole County, Florida; and
(2) Tuscawilla Unit 12A, as recorded in Plat Book 27, Page 22, of the public
records of Seminole County, Florida; however, excluding parcel numbers 08-21-31-5GT-
0000-0310 and 08-21-31-5GT-OB00-0000.
City of Winter Springs
Resolution Number 2013-22
Page 10 of 15
APPENDIX B
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City of Winter Springs
Resolution Number 2013-22
Page 11 of 15
APPENDIX C
AFFIDAVIT OF MAILING
STATE OF FLORIDA
COUNTY OF SEMINOLE
BEFORE ME, the undersigned authority, personally appeared Steven Richart,
who, after being duly sworn, deposes and say:
1, Steven Richart, have been designated by the City Clerk of Winter Springs,
Florida, to mail the notices required by Section 2.03 of Resolution No. 2013-10, adopted
by the City Commission of Winter Springs, Florida on June 10, 2013 (the "Initial
Assessment Resolution"). On or before July 23, 2013 1 mailed or directed the mailing of,
a notice in accordance with Section 2.03 of the Initial Assessment Resolution by first
class mail, to each owner of property within the Tuscawilla (Phase 111) Assessment Area
in conformance with the requirements of Ordinance No. 98-704, enacted by the City
Commission of Winter Springs, Florida, at the address shown on the real property
assessment tax roll maintained by the Seminole County Property Appraiser for the
purpose of the levy and collection of ad valorem taxes.
FURTHER AFFIANTS SAYETH NOT.
Affiant
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me by Steven Richart, who is
personally known to me or who has produced as identification
and did (did not) take an oath.
City of Winter Springs
Resolution Number 2013-22
Page 12 of 15
WITNESS, my hand and official seal this day of , A.D., 2013.
Signature of person taking acknowledgment
Name of acknowledger (printed)
My commission expires:
City of Winter Springs
Resolution Number 2013-22
Page 13 of 15
APPENDIX D
FORM OF PREPAYMENT NOTICE
CITY OF WINTER SPRINGS, FLORIDA
[Insert Date]
[Property Owner Name]
[Street Address]
[City, State and Zip]
RE: Parcel I.D. Number [Insert Number]
Tuscawilla (Phase 111) Assessment Area
Dear Property Owner:
On August 12, 2013, the City Commission of Winter Springs, Florida created the
Tuscawilla (Phase 111) Assessment Area and imposed special assessments against
property within the Tuscawilla (Phase 111) Assessment Area to (1) fund the Tuscawilla
(Phase 111) Improvement Project which provides restorative work to be completed on the
existing 4.7-foot high brick style subdivision wall, and (2) fund the related maintenance
costs associated with the Tuscawilla (Phase 11) Improvement Project including cleaning,
repairing, and similar services as well as the installation and maintenance of drought
tolerant landscaping near the existing subdivision wall. Annual capital assessments will
be payable for a period of twenty (20) years. Both the capital assessment and the
maintenance assessment will be placed on the tax bill commencing with the tax bill
mailed in November 2013.
As described in our previous letter, the assessment for each parcel of property
within the Tuscawilla (Phase 111) Assessment Area will be based on the number of benefit
units per parcel of property "BUs." The assignment of BUs is based on the level of
benefit each lot receives from the level aesthetic beauty, subdivision identity and
enhanced safety as a result of the Tuscawilla (Phase 111) Improvement Project.
YOU MAY CHOOSE TO PREPAY THE CAPITAL PORTION OF YOUR
ASSESSMENT, WITHOUT FINANCING COST, AT ANY TIME PRIOR TO
AUGUST 30, 2013. The table below shows the number of BUs attributable to your
property and the amount necessary to prepay the capital portion of your assessment.
City of Winter Springs
Resolution Number 2013-22
Page 14 of 15
Number of BUs for your property:
Prepayment Amount: BUs at $ _ $
If you choose to prepay, please deliver your check payable to the City of Winter
Springs to 1126 East State Road 434, Winter Springs, Florida 32708 ON OR PRIOR
TO AUGUST 30, 2013. If you do not choose to prepay, the first annual capital
assessment, along with your annual maintenance assessment, will appear on the ad
valorem tax bill mailed to you in November 2013. THE ASSESSMENT MAY BE
PREPAID FOLLOWING AUGUST 30, 2013; HOWEVER, THE PREPAYMENT
AMOUNT WILL BE INCREASED TO COVER THE CITY'S FINANCING
COST. If you have any questions, please contact the City Manager's office at (407) 327-
1800.
WINTER SPRINGS, FLORIDA
City of Winter Springs
Resolution Number 2013-22
Page 15 of 15
Attachment 'B' QNBS
helping communities
fund tomorrow
City of Winter Springs
Tuscawilla Units 12/12A
Assessment Program
Final White Paper Analysis
City of Winter Springs
June 2093
Main Office Regional Office
32605 Temecula Parkway, Suite 100 870 Market Street, Suite 1223
Temecula, CA 92592 San Francisco, CA 94102
Toll free: 800.676.7516 Toll free: 800.434.8349
TABLE OF CONTENTS
1. EXECUTIVE SUMMARY 1-1
2. INTRODUCTION 2-1
2.1. Background Information ...............................................................................2-1
2.2. Reason for the Assessment Program...........................................................2-1
2.3. Process for Establishing the Assessment Program ......................................2-1
3. PLANS AND SPECIFICATIONS 3-1
3.1. Description of the Boundaries of the Assessment ........................................3-1
3.2. Description of the Assessment Program Project ..........................................3-1
4. ESTIMATE OF COSTS 4-1
4.1. Assessment Program Costs .........................................................................4-1
5. ASSESSMENT ANALYSIS 5-1
5.1. Identification of Benefit .................................................................................5-1
5.2. Apportioning of Benefit .................................................................................5-2
6. METHOD ASSESSMENT 6-1
6.1. Assessment Allocation .................................................................................6-1
6.2. Method of Assessment Spread.....................................................................6-2
6.3. Assessment Program Capital Project Financing...........................................6-3
6.4. Capital Project Costs Initial Prepayment Amount .........................................6-4
6.5. Capital Project Costs Adjusted Prepayment Amount....................................6-4
7. LEGAL ANALYSIS 7-1
8. REAL ESTATE OPINION 8-1
9. RESOLUTION NUMBER 2012-42 9-1
10. MAP OF ASSESSMENT PROGRAM AREA 10-1
11. ASSESSMENT ROLL 11-1
1. EXECUTIVE SUMMARY
On June 11, 2012, the City Commission of the City of Winter Springs ("City"), Florida, approved
Resolution 2012-16 providing for the establishment of the Tuscawilla Units 12/12A Wall Ad Hoc Advisory
Committee ("Committee"). The purpose of the Committee was to organize a group of property owners to
obtain a recommendation addressing the deteriorating condition of a brick wall that fronts Tuscawilla
Units 12/12A along Winter Springs Boulevard and Northern Way. The Committee held meetings on
August 29, September 6, September 19, and October 11, 2012.
The City Commission accepted the final report of the Committee and directed staff to provide plans for
the creation of a special assessment program based on the recommendations provided in the
Committee's report. Staff presented options for addressing the condition of the brick wall and a plan to
begin the formation process for a special assessment program at the November 19, 2012 City
Commission meeting.
It is contemplated that the City will consider implementing the special assessment program during the
summer of 2013. The City has previously enacted Ordinance No. 98-704 on July 27, 1998 (the "Special
Assessment Ordinance") to provide home rule authorization for the creation of assessment areas and
authorize the imposition of special assessments to fund the construction and maintenance of local
improvements to serve the property located in the assessment areas. The Ordinance authorizes special
assessments for a wide variety of capital and related service projects, but does not address specific
projects or assessment methodologies. The project-specific information is provided in the initial
assessment resolution for each project. The Special Assessment Ordinance generally requires that the
City adopt an initial assessment resolution, hold a public hearing and then adopt a final assessment
resolution with respect to each individual assessment area. The Special Assessment Ordinance contains
a number of procedural and substantive requirements to ensure that due process is afforded the property
owners in each assessment area and that each special assessment program is validly imposed under
Florida law.
Initially, the Committee and the City Commission were discussing the complete replacement of eight of
the brick wall sections at the four entrances. Since that time, the contractor who was hired to perform
immediate cosmetic repairs to the brick wall has demonstrated to City Staff, through the repair process
that only five of the eight corner wall sections need to be replaced and the other three corner wall
sections can be repaired. This alternative repair and replacement scenario would still retain the
uniformity of the wall as a common element for the community, while affording a capital cost savings and
a reduction in total assessments paid by benefitting property owners in Tuscawilla Units 12/12A. On June
10, 2013, the City Commission elected to move forward with the alternative repair and replacement
scenario, which replaces five of the corner wall sections and repairs the remaining three corner wall
sections.
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The following table summarizes the assessments for Tuscawilla Units 12/12A:
Description Amount
Total Benefit Units: 89.80
Capital Project:
Total Capital Project Costs(1): $80,820.00
Initial Annual Capital Project Levy(2): $7,633.00
Maximum Annual Capital Project Levy(3): $7,902.40
Capital Project Assessment per Benefit Unit: $900.00
Initial Annual Capital Project Levy per Benefit Unit: $85.00
Maximum Annual Capital Project Levy per Benefit Unit: $88.00
Maintenance Program:
Initial Annual Maintenance Program Costs: $6,735.00
Maximum Annual Maintenance Program Costs: $7,812.60
Initial Annual Maintenance Program Costs per Benefit Unit: $75.00
Maximum Annual Maintenance Program Costs per Benefit Unit: $87.00
(1)The City will finance the capital project costs with a 5/1 adjustable rate, level debt service loan;
amortized over a period of 20 years.
(2)The initial five year term interest rate for the loan is 2.875%.
(3)The maximum annual capital project levy assessment is based on a maximum interest rate of 6.875%.
See Section 6.4 of this report for detailed loan financing information for the capital project costs.
Based on the different property land use classifications throughout Tuscawilla Units 12/12A, the following
tables detail the proposed assessments.
Initial Annual Assessment:
Initial Annual
Initial Annual Maintenance Total
Parcel Land Use Parcel Capital Project Capital Project Program Initial Annual
Classification Count Assessment Assessment Assessment Assessment
Parcels with 19 $1,080.00 $102.00 $90.00 $192.00
Brick Wall Frontage
Parcels without 67 900.00 85.00 75.00 160.00
Brick Wall Frontage
Exempt Parcels 2 0.00 0.00 0.00 0.00
Maximum Annual Assessment:
Maximum
Maximum Annual Total
Annual Maintenance Maximum
Parcel Land Use Parcel Capital Project Capital Project Program Annual
Classification Count Assessment Assessment Assessment Assessment
Parcels with 19 $1,080.00 $105.60 $104.40 $210.00
Brick Wall Frontage
Parcels without 67 900.00 88.00 87.00 175.00
Brick Wall Frontage
Exempt Parcels 2 0.00 0.00 0.00 0.00
Tuscawilla Units 12/12A Assessment Program—City of Winter Springs 1-2
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2. INTRODUCTION
2.1. Background Information
Tuscawilla Units 12/12A is a residential development located along and accessed from Winter Springs
Boulevard and Northern Way. The development has an existing brick wall that was built back in the mid
1980s and is adjacent to a portion of Winter Springs Boulevard and Northern Way. Since construction,
the brick wall has deteriorated and is in various states of disrepair and needs to be repaired and placed
on a long-term maintenance program. The Committee within Tuscawilla Units 12/12A has researched
and reviewed various options for fixing the wall; including demolishing the existing wall and building a new
wall, or leaving the existing wall in place and placing the wall on a maintenance and repair program in
order to address the declining condition of the brick wall and related safety concerns.
The existing wall for Tuscawilla Units 12/12A is approximately 3,000 feet in total length and generally runs
along the Tuscawilla Units 12/12A's southern and western boundaries. The brick wall is adjacent to
Winter Springs Boulevard and Northern Way. The brick wall is constructed of 5.0 inch wide brick panels
that are approximately 4.7 feet high and 14.5 feet wide with a lattice pattern of openings. The brick
panels are placed between 5.0 foot high columns that are 1.5 square feet. Currently, there is no brick wall
maintenance program in place to provide for necessary repairs and replacements. The lack of ongoing
maintenance has resulted in a brick wall that has deteriorated over the past 30 years.
To provide for the necessary funding to repair the existing wall, repair or replace the corner wall sections,
install drought tolerant landscaping, and provide for a long-term maintenance program, the City is
creating a special assessment program to collect non ad-valorem assessments. This report has been
prepared to support the formation proceedings for the City of Winter Springs Special Assessment
Program, Tuscawilla Units 12/12A ("Assessment Program").
2.2. Reason for the Assessment Program
The creation of the Assessment Program supported by this report will generate a funding source
necessary to provide for the capital projects and long-term maintenance program detailed further in
Section 3.2 of this report. The capital projects and long-term maintenance program may include but are
not limited to, all of the following: repairs to the existing wall, repair or replacement of eight corner wall
sections, the installation and maintenance of drought tolerant landscaping, establishment of a long-term
cosmetic repair maintenance program, and administrative costs associated with the ongoing annual
administration of the Assessment Program.
2.3. Process for Establishing the Assessment Program
The City cannot impose and collect a non-ad valorem assessment on the ad valorem tax bill without
complying with the procedures set forth in section 197.3632, Florida Statutes. If the City elects to use the
uniform method of collecting non-ad valorem assessments for the first time, the City shall adopt a
resolution at a public hearing prior to January 1. The resolution shall clearly state the City's intent to use
the uniform method of collecting a non-ad valorem assessment. In addition, the resolution shall state the
need for the assessment levy and shall include a legal description of the boundaries of the real property
subject to the assessment levy. Prior to the public hearing, the City shall publish notice of its intent to use
the uniform method for collecting non-ad valorem assessments. The notice is published weekly in a
newspaper of general circulation within the County of the City for four consecutive weeks preceding the
pubic hearing. If the resolution is adopted, the City shall send a copy of the resolution by United States
mail to the County property appraiser, the county tax collector, and the Department of Revenue by
January 10tH
In accordance with section 197.3632(3)(a), Florida Statutes, the City published the notice of intent to use
the uniform method for collecting non-ad valorem assessments in the Orlando Sentinel on November 11,
2012, November 19, 2012, November 26, 2012, and December 3, 2012.
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On December 12, 2012, the City held a public hearing and adopted Resolution Number 2012-42, a
resolution entitled, "A Resolution of Winter Springs, Florida, Electing to Use the Uniform Method of
Collecting Non-Ad Valorem Special Assessments Levied Within Certain Areas of the Incorporated Area of
the City; Stating a Need for Such Levy; Providing for the Mailing of this Resolution; and Providing for an
Effecting Date" ("Notice of Intent Resolution"). A copy of the adopted Resolution can be found under
Section 9 of this report. Following the public hearing and adoption of the Notice of Intent Resolution, the
City mailed copies of the Notice of Intent Resolution to the County property appraiser, the County tax
collector, and the Department of Revenue on December 18, 2012.
The Special Assessment Ordinance requires that the City first adopt an initial assessment resolution with
respect to the proposed assessment area (the "Initial Assessment Resolution"). The Initial Assessment
Resolution begins the assessment process for any specific project and does not require a public hearing.
Pursuant to requirements set forth in the Special Assessment Ordinance, the Initial Assessment
Resolution must include the following: a description of the property located within the proposed
assessment area; a description of the project proposed for funding from proceeds of the assessments; an
estimate of the project cost; a description of the proposed method of apportioning the project cost among
the parcels of property located within the proposed assessment area, such that the owner of any parcel of
property can objectively determine the amount of the assessment; a description of the provisions for
prepayment of the assessment; a description of the provisions for reallocating the assessment upon
future subdivision; specific legislative findings that recognize the fairness provided by the apportionment
methodology; and provides that the City staff will publish and mail notices to the affected property owners
notifying them of their right to appear at a public hearing prior to the City's adoption of a final assessment
resolution imposing the assessments.
At least 20 days prior to the public hearing, the City shall provide mailed notice of the public hearing and
provide notice in a newspaper of general circulation within the County of the City. The mailed notice shall
be sent to each property owner subject to the non-ad valorem assessment within the proposed
Assessment Program and shall include the following information:
• Purpose of the assessment;
• Total amount to be levied against each parcel;
• Unit of measurement to be applied against each parcel to determine the assessment;
• Number of such units contained within each parcel;
• Total revenue the City will collect by the assessment;
• Statement that failure to pay the assessment will cause a tax certificate to be issued against the
property which may result in a loss of title;
• Statement that all affected property owners within the Assessment Program have a right to
appear at the public hearing and to file written objections with the City Commission within 20 days
of the notice;
• The date, time, and place of the public hearing.
At the public hearing, the City Commission shall receive the written objections and shall hear testimony
from all interested persons. The City Commission may adjourn the public hearing from time to time.
Immediately following the public hearing, or at any subsequent meeting, the City may adopt the final
assessment resolution (the "Final Assessment Resolution") required by the Special Assessment
Ordinance. Pursuant to requirements set forth in the Special Assessment Ordinance, the Final
Assessment Resolution must: create or affirm the assessment area; establish the maximum amount of
the annual assessment for each measurement unit; approve the assessment roll; and determine the
method of collection.
By September 15th, the City shall certify and provide the non-ad valorem assessment roll, on a compatible
electronic medium, to the County tax collector. Corrections of errors or omissions may be made upon the
written direction of the City.
If the non-ad valorem assessment is to be collected for a period of more than one year or is to be
amortized over a number of years, the City Commission shall not be required to annually adopt the non-
ad valorem assessment roll, and shall not be required to provide individual notices annually to each
assessed property owner within the Assessment Program.
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3. PLANS AND SPECIFICATIONS
3.1. Description of the Boundaries of the Assessment
The boundaries of the area to be included in the Assessment Program include 86 single-family residential
properties and two parcels exempt from the assessment program. One of the exempt parcels is an
undeveloped lot that can not be developed without significant environmental site work and the other
exempt parcel is a small, City owned parcel within Tuscawilla Units 12/12A which is not suitable for
development. The properties within the boundaries of the Assessment Program are accessed from one
of the four entrances, located along Winter Springs Boulevard and Northern Way, into the Tuscawilla
Units 12/12A subdivision. Section 10 of this report provides a map that more fully shows the Assessment
Program's boundaries and the parcels included within the boundaries of the Assessment Program.
3.2. Description of the Assessment Program Project
There are two primary components to the Assessment Program project; a capital project component and
a maintenance program component.
The capital project component of the Assessment Program project will include the following:
• Replace five corner wall sections and repair the other three corner wall sections located at each
of the four entrances. The corner wall sections will all have a similar appearance and will meet all
applicable building codes. At each of the eight corner wall sections, the diagonal section of the
wall and the short wing walls extending down the side streets will be repaired or replaced. Before
construction can commence, a wall easement is required at all eight locations for the portion of
wall located on private property. The cost for repairing and replacing the eight corner wall
sections include the costs for design, permitting, construction, restoration, surveying and
recording fees related to the easements, plus a 10% contingency.
• The installation of simple, low-maintenance, drought tolerant landscaping at each of the four
entrances in the subdivision.
• Provide for cosmetic repairs along the straight sections of the existing wall. The initial cosmetic
repairs of the Assessment Program include:
• The repair of 35 columns.
• The removal of loose bricks and mortar along the entire wall.
• The replacement of missing bricks along the entire wall. The bricks to be used for the
replacement of missing bricks along the wall will be supplied by the City from previously
demolished sections of the subdivision entrances.
• Tuck and point missing mortar along both sides of the entire wall with high strength grout.
• The cleanup of masonry debris.
The maintenance component of the Assessment Program establishes a continuous program of
evaluations, maintenance and care for the brick wall to prevent a return to the previous condition of
neglect and disrepair. The maintenance program also includes consultant fees, staff costs, and
insurance related to the Assessment Program.
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4. ESTIMATE OF COSTS
4.1. Assessment Program Costs
The following table provides the detailed capital project cost budget for the capital project component of
the Assessment Program.
Description Amount
Capital Project Costs
Corner Wall Section Replacement and Repair $33,800.00
Landscaping Installation 8,000.00
Cosmetic Repair Program 6,025.00
Demolition 3,000.00
Administrative, Legal and Insurance Fees 29,966.00
Rounding 29.00
Total Capital Project Costs $80,820.00
In addition to the capital project costs, the following table provides the initial total annual budget and the
total maximum annual budget for the maintenance program component of the Assessment Program.
Description Amount
Initial Annual Maintenance Program Costs $6,735.00
Maximum Annual Maintenance Program Costs $7,812.60
Each year, the City will review the capital project costs and maintenance program budgets to determine
the annual assessment needed to cover the Assessment Program costs for the upcoming fiscal year. The
City will levy only for the proposed budgeted costs. Therefore, the actual assessment levied in a given
year may be less than or equal to the maximum allowable amount provided in the tables above.
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5. ASSESSMENT ANALYSIS
5.1. Identification of Benefit
The Assessment Program will provide benefit to properties located within and accessed by one of the four
entrances into the Tuscawilla Units 12/12A development. The benefit conferred to property within the
Assessment Program can be grouped into two benefit categories; subdivision enhancements benefit and
safety benefit. The two Assessment Program benefit categories are further expanded upon below.
Subdivision Enhancements Benefit:
The subdivision enhancements benefit relates to the increase in the overall aesthetics, increase in
subdivision identity and the increased desirability as a result of the capital project improvements and the
establishment of an ongoing maintenance program provided by the Assessment Program. The
Assessment Program will provide for the increased beautification of the existing subdivision brick wall and
eight corner wall sections. This repair of the existing brick wall and the repair or replacement of the
corner wall sections will enhance the overall image and desirability of the properties located and
accessed by the roads within the boundaries of the Assessment Program. The original improvements
were completed back in the early 1980s. Since that time, the existing brick wall and corner wall sections
have slowly deteriorated. The following subdivision enhancement benefits will be provided to properties
as a result of the Assessment Program's capital project and ongoing maintenance program:
• The repairs to the existing brick wall, the repair and/or replacement of the corner wall sections
and the installation of landscaping will enhance the community identity of the Tuscawilla Units
12/12A area, which will lead to a stronger and healthier community. The overall image of the
subdivision will be enhanced by correcting the visual clutter such as deteriorating corner wall
sections at each of the four entrances and various wall failures throughout the remainder of the
existing straight brick wall.
• Uniform and up to date wall improvements along with new landscaping will create community
cohesion throughout each of the four subdivision entrances and along the existing brick wall.
This community cohesion will enhance the appearance, desirability and "livability" of the property
contained within the brick wall and accessed by the improved entrances. "Livability"
encompasses several qualities and characteristics that are unique to a specific area. The Victoria
Transport Policy Institute (www.vtpi.org) expands on the concept of "livability" and the various
benefits associated with that designation:
"Community Livability refers to the environmental and social quality of an area as
perceived by residents and visitors. This includes safety and health, local
environmental conditions, aesthetics, and existence of unique cultural and
environmental resources. Community Livability directly benefits people who live
in an area as well as increases property values."
Safety Benefit:
The Assessment Program will provide an enhanced level of safety to property that directly fronts the
existing brick wall. The following safety benefits will be provided to property as a result of the capital
projects and ongoing maintenance program provided by the Assessment Program:
• The Assessment Program will repair the deteriorating brick wall that fronts several parcels within
the boundaries of the Assessment Program. Repairs to the infrastructure of the existing brick
wall will further minimize the potential for damage to public property, private property and people
if the existing brick wall were to crumble or fall.
• A strong and reinforced brick wall will provide a continual barrier between vehicle and property as
well as pedestrian and property. This barrier provides an enhanced safety benefit for property
located along the wall. The brick wall barrier will help to minimize the damage to property and
person if a traffic accident were to result in a vehicle travelling into the wall and onto the adjacent
property. Without a solid barrier, the distance traveled by the vehicle during an accident could
Tuscawilla Units 12/12A Assessment Program—City of Winter Springs 5-1
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potentially increase. Additionally, a well-maintained brick wall serves as a visual deterrent for
pedestrian crime activity to property that has frontage located along Winter Springs Boulevard
and Northern Way.
5.2. Apportioning of Benefit
As outlined above, each of the parcels within the Assessment Program is deemed to receive benefit from
the capital project and ongoing maintenance program provided by the Assessment Program. Each parcel
that receives benefit from the capital project and ongoing maintenance program is identified. Each
parcel's proportionate benefit is determined in relationship to the total cost of the capital project and
ongoing maintenance program.
Benefit Unit Assignment:
Subdivision Enhancements Benefit Units
Subdivision enhancements benefit units are assigned based upon the parcel's existing land use and the
proximity of the parcel to the brick wall capital project. All, but two, of the parcels within the Assessment
Program area are developed single-family residential land uses. The subdivision enhancements benefit
to each of the developed single-family residential parcels in the Assessment Program area is deemed to
be the same. Therefore, each developed single-family residential parcel within the Assessment Program
is assigned one (1.00) benefit unit for the subdivision enhancement benefits received from the capital
project and ongoing maintenance program. To recognize the additional aesthetic benefit that properties
within close proximity and abutting the brick wall receive, an additional one-tenth (0.10) subdivision
enhancements benefit unit is assigned to parcels that have 10 feet or more of brick wall frontage.
There are two parcels within the Assessment Program that are not assigned any subdivision
enhancements benefit units and are exempt from the assessment. One parcel is a small, non-
developable parcel owned by the City. The other parcel (Parcel 08-21-31-5GT-0000-0310) is currently an
undeveloped parcel, and given the topography can not be developed without significant environmental
site work. In the future, if site work is completed on this parcel, and the parcel is developed, the parcel will
be assigned one (1.00) benefit unit for subdivision enhancements benefit and will be annually levied for
the ongoing maintenance program assessment only.
Safety Benefit Units
The safety benefit units are assigned based upon not only the parcel's location to the brick wall capital
project, but also the property's existing land use. A structurally sound and well-maintained brick wall
provides a safety benefit to those properties directly abutting the brick wall. The existing brick wall
already provides a certain level of safety benefit, but without the capital project and ongoing maintenance
program provided by the Assessment Program, the existing brick wall will continue to deteriorate and
decrease the level of safety provided. To account for this continued and enhanced level of safety, each
parcel within the Assessment Program that has 10 feet or more of frontage that abuts the existing brick
wall is assigned one-tenth (0.10) benefit unit for the enhanced safety benefits received from the
Assessment Program. There are 19 developed single-family residential parcels that have 10 feet or more
of parcel frontage abutting the existing brick wall. Developed single-family residential parcels that do not
have 10 or more feet of parcel frontage that abuts the existing brick wall and the two exempt parcels are
not assigned safety benefit units.
The following table provides a summary of the benefit units assigned to each parcel included within the
Assessment Program.
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Subdivision
Enhancements Safety
Parcel Land Use Benefit Unit Benefit Unit Total
Classification Assignment Assignment Benefit Units
Parcels with Brick Wall Frontage 1.10 0.10 1.20
Parcels without Brick Wall Frontage 1.00 0.00 1.00
Exempt Parcels 0.00 0.00 0.00
Total Benefit Units:
The total benefit units assigned to the parcels in the Assessment Program is 89.80. A breakdown of the
benefit units assigned to each parcel can be found under Section 11 of this report.
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6. METHOD ASSESSMENT
6.1. Assessment Allocation
The capital project cost amount replaces five of the eight corner wall sections and repairs the other three
corner wall sections located at the four entrances into Tuscawilla Units 12/12A. The following table sets
forth the capital project amount and the assessment rates per benefit unit.
Description Amount
Total Capital Project Costs $80,820.00
Total Benefit Units 89.80
Capital Project Costs per Benefit Unit $900.00
Initial Annual Capital Project Costs $7,633.00
Total Benefit Units 89.80
Initial Annual Capital Project Costs per Benefit Unit $85.00
Maximum Annual Capital Project Costs $7,902.40
Total Benefit Units 89.80
Maximum Annual Capital Project Costs per Benefit Unit $88.00
Initial Annual Maintenance Program Costs $6,735.00
Total Benefit Units 89.80
Initial Annual Maintenance Program Costs per Benefit Unit $75.00
Maximum Annual Maintenance Program Costs $7,812.60
Total Benefit Units 89.80
Maximum Annual Maintenance Program Costs per Benefit Unit $87.00
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6.2. Method of Assessment Spread
Section 4 of this report detailed the costs for the capital project costs and the maintenance program costs.
To determine a parcel's annual assessment amount, the following formulas provide the steps necessary
to calculate each parcel's assessment:
Capital Projects Costs Assessment Formula:
Capital Project Annual Debt Capital Project Costs Capital Project Costs
Costs = Service + Assessment Collection + Assessment Statutory
Assessment Component Cost Component Discount Amount
Parcel's Initial Prepayment Annual Interest Rate
Amount (or Adjusted Prepayment x
Annual Debt Service _ Amount, if applicable) + Parcel's Initial Prepayment Amount
Component /
Number of Remaining Years (or Adjusted Prepayment Amount,
the Assessment is Payable if applicable)
Parcel's Adjusted
Capital Project Costs Prepayment Amount Capital Project Costs
Assessment Collection = / x Assessment Collection
Cost Component Total Adjusted Costs
Prepayment Amount
Annual Debt Annual Debt
Capital Project Costs Service Component Service Component
Assessment + +
Statutory Discount Capital Project Costs / 0'96 Capital Project Costs
Amount Assessment Collection Assessment Collection
Cost Component Cost Component
Maintenance Program Assessment Formula:
Maintenance Annual Maintenance Maintenance Program Maintenance Program
Program = Program Component + Assessment Collection + Assessment Statutory
Assessment Cost Component Discount Amount
Annual Maintenance _ Total Maintenance / Total Benefit Units for
Program Component Program Costs Assessment Program
Maintenance Program
Maintenance Program Assessment Collection Cost Parcel's Assigned Benefit
Assessment Collection = / x Units
Cost Component Total Benefit Units for
Assessment Program
Annual Maintenance Annual Maintenance
Maintenance Program Component Program Component
Program Assessment + +
Statutory Discount Maintenance Program / 0'96 Maintenance Program
Amount Assessment Collection Assessment Collection Cost
Cost Component Component
Applying the above formulas, the proposed assessments are shown for each parcel land use
classification in the tables below:
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Prepared by NBS—June 2013
Initial Annual Assessment:
Initial Annual
Initial Annual Maintenance Total
Parcel Land Use Parcel Capital Project Capital Project Program Initial Annual
Classification Count Assessment Assessment Assessment Assessment
Parcels with 19 $1,080.00 $102.00 $90.00 $192.00
Brick Wall Frontage
Parcels without 67 900.00 85.00 75.00 160.00
Brick Wall Frontage
Exempt Parcels 2 0.00 0.00 0.00 0.00
Maximum Annual Assessment:
Maximum
Maximum Annual Total
Annual Maintenance Maximum
Parcel Land Use Parcel Capital Project Capital Project Program Annual
Classification Count Assessment Assessment Assessment Assessment
Parcels with 19 $1,080.00 $105.60 $104.40 $210.00
Brick Wall Frontage
Parcels without 67 900.00 88.00 87.00 $175.00
Brick Wall Frontage
Exempt Parcels 2 0.00 0.00 0.00 $0.00
The individual capital project cost and maintenance program proposed assessments for each parcel in
the Assessment Program are shown in Section 11 of this report.
6.3. Assessment Program Capital Project Financing
The total capital project costs to be financed are approximately $80,800 and will be financed over a
period of 20 years. Benefitting parcels' capital project costs assessment will pay the annual debt service
due on the capital project costs loan issued by the City plus administrative costs. The City intends to
provide financing for the capital project costs with a 5/1 adjustable rate loan, amortized over a period of
20 years, with a level annual debt service payment amount. The initial interest rate for the capital project
costs loan is 2.875%. The level annual debt service amount for the loan is approximately $6,000. Prior
to the levy for the sixth year,the outstanding balance of the loan will be re-amortized, for the remaining 20
year term, based on existing interest rates at that time. However, the City has provided maximum
allowable increases to the interest rate at each five year renewal. In years 6 and 11, the maximum
interest rate increase to the prior approved rate is 1.25% and in year 16 the maximum interest rate
increase is 1.50%.
The following table provides the maximum allowable interest rate increase and the maximum allowable
interest rate at each five year re-amortization.
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Prepared by NBS—June 2013
Maximum Maximum
Initial Allowable Allowable
Loan Years Interest Rate Increase Interest Rate
Years 1 —5 2.875% N/A 2.875%
Years 6— 10 N/A 1.25% 4.125%
Years 11 — 15 N/A 1.25% 5.375%
Years 16—20 N/A 1.50% 6.875%
6.4. Capital Project Costs Initial Prepayment Amount
After the establishment of the Assessment Program, and prior to the City financing the capital project
costs, property owners will have the option to prepay and permanently satisfy their portion of the capital
project cost without any additional fees the ("Initial Prepayment Amount"). In addition to the availability of
paying the Initial Prepayment Amount prior to financing, the capital portion of the assessment may be
prepaid in whole at any time during the assessment period. The maintenance program assessment can
not be prepaid. The formula for the Initial Prepayment Amount is as follows:
Parcel's Initial Parcel's Total Total Benefit Units for Total Capital Project Costs:
Prepayment = Benefit Units / Assessment Program x $85,938.60
Amount
The Initial Prepayment Amount for each parcel land use classification is provided in the following table:
Capital Project
Parcel Land Use Costs Initial
Classification Prepayment Amount
Parcels with Brick Wall Frontage $1,080.00
Parcels without Brick Wall Frontage 900.00
Exempt Parcels 0.00
6.5. Capital Project Costs Adjusted Prepayment Amount
Following the issuance of the capital project costs loan, property owners will still have the option to
prepay and permanently satisfy their portion of the capital project costs the ("Adjusted Prepayment
Amount"). The maintenance program assessment can not be prepaid. The formula for the Adjusted
Prepayment Amount is as follows:
Parcel's Adjusted Parcel's Initial Total Initial Prepayment Total Principal
Prepayment = Prepayment / Amount for Assessment x Amount of Loan
Amount Amount Program* Outstanding
*Excluding those parcel's that paid the Initial Prepayment Amount prior loan issuance.
The Adjusted Prepayment Amount for each parcel will be updated annually.
Tuscawilla Units 12/12A Assessment Program—City of Winter Springs 6-4
Prepared by NBS—June 2013
7. LEGAL ANALYSIS
Municipalities have the authority to impose special assessments by ordinance pursuant to their
home rule powers. City of Boca Raton v. State, 595 So. 2d 25 (Fla. 1992). As established by case law,
two requirements exist for the imposition of a valid special assessment: (1) the property assessed must
derive a special benefit from the improvement or service provided, and (2) the assessment must be fairly
and reasonably apportioned among the properties which receive the special benefit. Id. at 29. A special
assessment may provide funding for either capital expenditures or the operational costs of services, so
long as the special assessment meets these two criteria. Sarasota County v. Sarasota Church of Christ,
667 So. 2d 180, 183 (Fla. 1995).
The benefit required for a valid special assessment consists of more than simply an increase in
market value and includes both potential increases in value in, and added use and enjoyment, of the
property. Meyer v. City of Oakland Park, 219 So. 2d 417 (Fla. 1969). Furthermore, the benefit need not
be determined in relation to the existing use of the property. But the benefit must be substantial, certain,
and capable of being realized within a reasonable time. See City of Hallandale v. Meekins, 237 So. 2d
318 (Fla. 4th DCA 1970), affd, 245 So. 2d 253 (Fla. 1971) (upholding sewer improvement special
assessments imposed against vacant property, not currently using sewage service).
Although not legally required, the persuasiveness of legislative findings of both special benefit
and fair apportionment have been emphasized by the Supreme Court of Florida in Sarasota County v.
Sarasota Church of Christ. Inc., 667 So. 2d 180 (Fla. 1995); and Harris v. Wilson, 22 Fla. L. Weekly 137
(Fla. March 20, 1997). The Supreme Court held in Church of Christ that "the legislative determination as
to the existence of special benefits and as to the apportionment of the costs of those benefits should be
upheld unless the determination is arbitrary." 667 So. 2d at 184. Similarly, in Harris v. Wilson, the
Supreme Court noted that the "question of what constitutes special benefit is a matter of judgment that
courts should not overturn in the absence of a clear and full showing of arbitrary action or plain abuse."
22 Fla. L. Weekly at 138 (citing South Trail Fire Control District, Sarasota County v. State, 273 So. 2d 380
(Fla. 1973)). In fact, the Florida courts have historically held that although other parties and even courts
may recognize other valid alternative methods of apportioning special assessments, that choice is not for
the court and is for the local governing board to decide — which decision must be upheld by the courts if
not arbitrary. See City of Winter Springs, 776 So. 2d at 262; see also Harris v. Wilson, 693 So. 2d 945
(Fla. 1997). Thus, legislative findings should be considered a critical element to any local government
assessment program.
The beautification, subdivision recognition and property safety benefits emanating from the
construction and maintenance would appear to have a logical relationship to the residential parcels in the
proposed assessment area. These benefits which are peculiar to the properties within the proposed
assessment area have been substantiated by the research of a certified real estate professional.
An improvement which specially benefits assessed properties must also be "fairly and reasonably
apportioned among the properties that receive the special benefit." City of Boca Raton v. State, 595 So.
2d at 29. Consequently, an improper apportionment method will defeat a special assessment even when
a special benefit is otherwise available. For example, in St. Lucie County-Fort Pierce Fire Prevention and
Control District v. Higgs, 141 So. 2d 744 (Fla. 1962), the Supreme Court' invalidated fire assessments
that were imposed against property because the method of apportionment was based upon the ratio of
the assessed value of each property to the total value of all property in the district; that method had no
relationship to the benefits conferred. The Supreme Court in Lake County v. Water Oak Management
Corp., 22 Fla. L. Weekly S231 (Fla. May 1, 1997) (non-final opinion), clarified that the assessment in
Higgs was invalid for failure to meet the fair apportionment test not that fire rescue services were
incapable of providing a special benefit to assessed property.
In determining the reasonableness of an apportionment method, the courts defer to the legislative
determination of the local government. In Rosche v. City of Hollywood, 55 So. 2d 909 (Fla. 1952), the
Supreme Court of Florida stated that "the apportionment of assessments is a legislative function and if
reasonable men may differ as to whether land assessed was benefited by the local improvement the
Tuscawilla Units 12/12A Assessment Program—City of Winter Springs 7-1
Prepared by NBS—June 2013
determination as to such benefits of the city officials must be sustained." Id, at 913 (emphasis added); see
also Sarasota County v. Sarasota Church of Christ, 667 So. 2d 180 (Fla. 1995); Harris v. Wilson, 22 Fla.
L. Weekly S137 (Fla. March 20, 1997); State v. Sarasota County, 22 Fla. L. Weekly 8241 (Fla. May 1,
1997); and City of Winter Springs, 776 So. 2d at 262; see also Harris v. Wilson, 693 So. 2d 945 (Fla.
1997) (recognizing, in all four cases, that the local legislative determination as to the apportionment of the
costs of benefits should be upheld unless the determination is arbitrary.)
In reliance on the above Florida case law analysis and on the decisions of the Supreme Court, we
conclude that the repair and continuing maintenance of the existing wall and associated entry-way
landscaping and other beautification services to be provided to the proposed assessment area described
in this report, along with the method of apportionment of the identified assessable costs for such
improvements and services, are consistent with the special benefit and fair apportionment requirements
for a valid special assessment. This conclusion assumes, however, that the special assessment
ordinance and implementing resolutions adopted by the City contain specific legislative findings
supporting this conclusion, as prepared and directed by us; that no exceptions are created that would
undermine the apportionment method described in this report; and that the final assessment roll is
prepared by the consulting team described in this report.
NABORS, GIBLIN & NICKERSON, P.A.
Tuscawilla Units 12/12A Assessment Program—City of Winter Springs 7-2
Prepared by NBS—June 2013
8. REAL ESTATE OPINION
The following pages provide a copy of the real estate opinion provided by RE/MAX Town & Country
Realty.
Tuscawilla Units 12/12A Assessment Program—City of Winter Springs 8-1
Prepared by NBS—June 2013
ti I lr�.
May 7, 2013
<,
Dear Mr Richart,
This letter is in response to your request for my professional opinion regarding the value
impact of the wall located in Tuscawilla units 12 and 12A. 1 have been a REALTOR for
over 30 years and I specialize and reside in Tuscawilla. Over the years I have become
very knowledgeable regarding issues that affect property values in our community.
I saw firsthand, the transformation of Tuscawilla thanks to the very successful
"Beautification" project. In addition to the many benefits that this project provided to
Tuscawilla, the construction of the Oak Forest wall made a giant positive impact on that
community's property values. This is my opinion. In order to quantify the impact, an
appraiser would have to be hired to research the data from over 10 years ago. This
study could prove quite costly.
As I understand it, the wall surrounding unit 12 and 12 A in Tuscawilla is severely
deteriorated. It is my opinion that this wall needs to be repaired or replaced, not simply
removed. Without the wall, home owners would be able to put up a fence or have no
fence at all. If you drive around Northern Way where the backs of non-walled
neighborhoods are located, you will see old fences, new fences, and some very odd
fences. This will be surely the destiny of unit 12 and 12A if the wall is not there, The
absence of a wall at that location will be detrimental to the property values in that
section and may even impact the values of the entire Tuscawilla PUD.
When considering how values are compromised, we not only need to consider the
actual affect of the item in question, but also the perceived value. The perceived value
pertains to the affect the item will have on the desirability of the property. Prospective
home purchasers take many things into consideration when selecting a home. Based on
the perception of a potential home buyer, the lack of a wall will decrease the desirability
of these homes because of aesthetics, safety, noise and nuisance concerns. There is
no question in my mind that this will drive the property values down.
Average home prices in units 12 and 12A are in the mid 300's. This price range is
comparable with other neighborhoods such as Chelsea Woods, Glen Eagle, Carrington
Woods, Chestnut ridge and Chestnut Estates. These neighborhoods all have walls.
Without the wall, owners will be able to put up any fence they want or go without. This
would make unit 12 and 12A more comparable to lower priced sections of Tuscawilla.
The perception of a prospective home buyer will be that these areas are less attractive
and thus less desirable. This will cause a decrease in the property values.
Kim Coburn, P.A.,CRS,GRI, ABR, caPE
e.;.,.;110 REALTOR", Broker Associate
® REIMAX Town & Country Realty
1315 Tuskawilla Road q,site 101, Winter Springs, Florida 32708
I Direct: (407) 341-132 www.l<imCoburn.com
0 Pack Office Independently Owned and Operated
Actual safety concerns due to the lack of a wall are very valid. However the perceived
safety concern from a potential buyer will definitely cause the neighborhood to have a
slowdown in sales. Home buyers do not want to worry about theft, vandalism and other
crimes that could occur without the wall.
In addition, the noise and nuisance factor will cause these homes to be less desirable.
The brick wall will help to buffer the sound and offer privacy to the home owners. Not
only will the noise be a nuisance but the car headlight will also be a concern. I am
afraid that without this wall these homes will be more difficult to sell.
If we consider why developers put walls around neighborhoods, the point is made even
clearer. Developers do not spend money on things that will not affect the value or
desirability of their subdivision. They obviously have added the walls so they can sell
the properties for more money. In conclusion, my opinion is that this wall needs to be
repaired or rebuilt to insure that units 12 and 12A will not experience lower property
values in the future.
Sincerely,
` I
Kim Coburn
Broker/ REALTOR
Kim Coburn, P.A., CRS,GRI,ABR, CDPE
REALTOR", Broker Associate
® RE/MAX Town & Country Realty
1315 Tuskawilla Road, Suite 101, Winter Springs, Florida 32708
Direct: (407) 341-1324, www.KimCoburn.corn
0 Each Office Independently Owned and Operated
9. RESOLUTION NUMBER 2012-42
The following pages include a copy of Resolution Number 2012-42, a resolution entitled, "A Resolution of
Winter Springs, Florida, Electing to Use the Uniform Method of Collecting Non-Ad Valorem Special
Assessments Levied Within Certain Areas of the Incorporated Area of the City; Stating a Need for Such
Levy; Providing for the Mailing of this Resolution; and Providing for an Effecting Date".
Tuscawilla Units 12/12A Assessment Program—City of Winter Springs 9-1
Prepared by NBS—June 2013
CITY OF WINTER SPRINGS,FLORIDA
RESOLUTION NUMBER 2012-42
A RESOLUTION OF WINTER SPRINGS, FLORIDA,
ELECTING TO USE THE UNIFORM METHOD OF
COLLECTING NON-AD VALOREM SPECIAL ASSESSMENTS
LEVIED WITHIN CERTAIN AREAS OF THE
INCORPORATED AREA OF THE CITY; STATING A NEED
FOR SUCH LEVY; PROVIDING FOR THE MAILING OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Winter Springs, Florida (the
"City"), is contemplating the imposition of non-ad valorem special assessments to be
levied over a number of years within certain areas of the incorporated area of the City
including: (i) the addition of certain properties that now benefit from the construction of
street lighting, sign installation and related maintenance; and(ii) creation of a new special
assessment area to fund the cost of rehabilitating/constructing portions of a privacy wall
and related annual maintenance; and
WHEREAS, the City intends to use the uniform method for collecting non-ad
valorem special assessments imposed over a number of years for the cost of providing
such facilities and services to property within the City described herein, as authorized by
section 197.3632, Florida Statutes, as amended, because this method will allow such
special assessments to be collected annually commencing in November 2013, in the same
manner as provided for ad valorem taxes; and
WHEREAS, the City held a duly advertised public hearing prior to the adoption
of this Resolution, proof of publication of such hearing being attached hereto as
EXHIBIT A; and
WHEREAS, the City deems that this Resolution is in the best interests of the
public health, safety and welfare of the citizens of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF WINTER SPRINGS,FLORIDA, AS FOLLOWS:
SECTION 1. STATEMENT OF INTENT. Commencing with the Fiscal
Year beginning on October 1, 2013, and with the tax statement mailed for such Fiscal
Year, the City intends to use the uniform method of collecting non-ad valorem
City of Winter Springs
Resolution Number 2012-42
Pagel of 3
assessments authorized in section 197.3632, Florida Statutes, as amended, for collecting
special assessments imposed over a number of years to fund the cost of providing: (i)
street lighting, sign installation and related maintenance; and (ii)
rehabilitation/construction of portions of a privacy wall and related annual maintenance.
Such non-ad valorem assessments may be levied within certain areas of the incorporated
area of the City. Legal descriptions of such potential areas are attached hereto as
EXHIBIT B and incorporated herein by reference.
SECTION 2. DETERMINATION OF NEED. The City hereby
determines that the levy of such non-ad valorem assessments is needed to fund the cost of
the above-described projects within the areas described in EXHIBIT B hereto and that, if
imposed, the special assessments need to be collected on the ad valorem tax bill to ensure
efficient collection of such funds.
SECTION 3. NOTICE. Upon adoption, the City Clerk is hereby directed
to send a copy of this Resolution by United States mail to the Florida Department of
Revenue, the Seminole County Tax Collector, and the Seminole County Property
Appraiser by January 10, 2013.
SECTION 4. CONFLICTS. All prior resolutions or parts of resolutions in
conflict herewith are hereby repealed to the extent of such conflict.
SECTION S. SEVERABILITY. If any clause, section, other part or
application of this Resolution is held by any court of competent jurisdiction to be
unconstitutional or invalid, in part or application, it shall not affect the validity of the
remaining portions or applications of this Resolution.
SECTION 6. EFFECTIVE DATE. This Resolution shall take effect
immediately upon its passage and adoption.
[The remainder of this page intentionally left blank.]
City of Winter Springs
Resolution Number 2012-42
Page 2 of 3
RESOLVED BY the City Commission of the City of Winter Springs, Florida, in a
regular meeting assembled this 10th day of December, 2012.
CITY OF WINTER SPRINGS,FLORIDA
(SEAL) By. r
C rles Lacey, Ma.r
ATTEST:
Lorenzo-Luaces,Bye 7
City Clerk
APPROVED AS TO LEGAL FORM AND
SUFFICIENCY FOR THE CITY OF
WINTER SYRINGS ONLY:
By:
Anthony A. Garganese, City Attorney
City of Winter Springs
Resolution Number 2012-42
Page 3 of 3
Exhiblt 'A' - Proof of Publication Orlando Sentinel
City Of Winter Springs
1126 2 STATE ROAD 434
WINTER SPRINGS, FL 32708 •2715
Before the undersigned authority personally appeared Pam L.
Davis/Tamely Vargas/Deborah A Toney, who on oath says that s/he
is the Legal Advertising Representative of Orlando Sentinel, a daily
newspaper published in Seminole County, Florida; that the attached
copy of advertisement, being a Public Hearing in the matter of ASS 1EE�3
I dd-MO
lsar
by
December 10,, 2012 in the Seminole County , was published in said
ulet
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newspaper in the isave(s); of e T1."o
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11/12/12 11119/12 11/26/12
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Affiant further says that the said Orlando Sentinel is a newspaper 2613 Cho�rY vp
published in said Seminole County, Florida, and that the said eats...au
newspaper has heretofore been continuously published in said
Seminole County 01 2
, Florida, each week day and has been entered as
Mjpf
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second-class mail matter at the post office in said Seminole County IiAYO, PrlTfi0M'1x& MON..
p ty� `114.1:11`1'1-11vlol� 16,".
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Florida, for a period of one year next preceding the first publication
of the attached copy of advertisement; and affiant further says that
ill OCT
s/he has neither paid nor promised any person, firm or corporation are inVrtetl t0 I h
gLh
any discount, rebate, commission or refund for the purpose of as sea aa�'QOc€s3art p
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securing this advertisement for publication in the said newspaper. c
card of toMON 0`4
need to %u K ned
The foregoing instrument was acknowledged before me this dance an whECts the uppep�is��be
day of December, 2012, Pam L. Davis/Tamely
-':M"Cjg:,r
Vargas/Deborah M. Toney, who is personally known'to me and who
public! 1W.-7
did take an oath. C5E 1211877 111F214r2G ? 3(212.'
<-s"e'a Y rfir Bo
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NOTARY PUBLIC,
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1211827
EXHIBIT B
LEGAL DESCRIPTIONS OF POTENTIAL AREAS
(1) The Greens at Tuscawilla, as recorded in Plat Book 76, Pages 58-61, of the public
records of Seminole County, Florida.
(2) Tuscawilla Unit 12, as recorded in Plat Book 28, Pages 98-102, of the public
records of Seminole County, Florida.
(3) Tuscawilla Unit 12A, as recorded in Plat Book 27, Page 22, of the public records
of Seminole County, Florida.
(4) Fox Glen at Chelsea Parc, Tuscawilla Phase 2, as recorded in Plat Book 55, Pages
37-39,of the public records of Seminole County,Florida.
(5) Tract G, The Reserve at Tuscawilla, Phase 1, as recorded in Plat Book 48, Pages
31-40, of the public records of Seminole County, Florida.
(6) Reserve at Tuscawilla, Phase I-A, as recorded in Plat Book 58, Pages 99-100, of
the public records of Seminole County, Florida.
(7) Lots 7 and 8, Block 12, and Lot 3, Block 24, Casa Park Villas Phase I, as recorded
in Plat Book 29, Pages 34-35, of the public records of Seminole County, Florida.
(8) Lot 9, Fairway Oaks Unit 1, as recorded in Plat Book 23, Pages 96-98, of the
public records of Seminole County, Florida.
B-1
10. MAP OF ASSESSMENT PROGRAM AREA
A map of the Assessment Program area is shown on the following page. The lines and dimensions of
each lot or parcel within the Assessment Program are those lines and dimensions shown on the maps of
Seminole County, at the time this report was prepared, and are incorporated by reference herein and
made part of this report.
Tuscawilla Units 12/12A Assessment Program—City of Winter Springs 10-1
Prepared by NBS—June 2013
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Tuscawilla Units 12/12A Assessment Program—City of Winter Springs 11-1
Prepared by NBS—June 2013
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ATTACHMENT 'C'
RESOLUTION NO. 2013-27
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS, FLORIDA, ESTABLISHING THE
TUSCAWILLA PHASE III SPECIAL ASSESSMENT FUND AS A
SPECIAL REVENUE FUND FOR THE CITY OF WINTER
SPRINGS PURSUANT TO GASB 54; PROVIDING FOR REPEAL
OF PRIOR INCONSISTENT RESOLUTIONS; SEVERABILITY;
AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of Winter Springs desires to comply with the
Government Accounting Standards Board Statement No. 54 Fund Balance Reporting and
Governmental Fund Type Definitions; and
WHEREAS, the City Commission of Winter Springs deems that this Resolution
is in the best interest of the public health, safety, and welfare of the citizens of Winter
Springs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS
FOLLOWS:
Section 1. Incorporation of Recitals. The foregoing recitals are deemed true and
correct and are hereby fully incorporated by this reference.
Section 2. Establishment of Tuscawilla Phase III Special Assessment Fund. The
Winter Springs City Commission hereby establishes the Tuscawilla Phase 3 Special
Assessment Fund as a Special Revenue Fund, which fund shall be utilized for the
collection of the capital and maintenance assessments to be levied by the Tuscawilla
Phase III Special Assessment for the purpose of construction, restoration and
maintenance of the Tuscawilla Units 12/12A wall, as well as ongoing debt service on the
related debt instrument.
Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts
of resolutions in conflict herewith are hereby repealed to the extent of the conflict.
Section 4. Severability. If any section, subsection, sentence, clause, phrase, word, or
portion of this Resolution is for any reason held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the remaining
portion hereto.
Section 5. Effective Date. This Resolution shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida.
City of Winter Springs
Resolution No. 2013-27
Page 1 of 2
RESOLVED by the City Commission of the City of Winter Springs, Florida, in a
regular meeting assembled on this 12th day of August, 2013.
Charles Lacey, Mayor
ATTEST:
Andrea Lorenzo-Luaces, City Clerk
Approved as to legal form and sufficiency for
The City of Winter Springs only:
Anthony A. Garganese, City Attorney
City of Winter Springs
Resolution No. 2013-27
Page 2 of 2
ATTACHMENT U
AGREEMENT FOR WALL RECONSTRUCTION AND REPAIRS
THIS AGREEMENT FOR TUSCAWILLA PHASE 3 WALL RECONSTRUCTION ("Agreement") is made
and entered into by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation ("City"), located at
1126 East State Road 434, Winter Springs, Florida 32708, and Alternative Wall Systems, Inc., authorized to conduct
business in Florida("Service Provider"),located at: 1117 Seafarer Lane,Winter Springs,FL 32708.
WITNESSETH:
WHEREAS, City wishes to obtain wall reconstruction and repair services for the TUSCAWILLA PHASE 3
WALL for a limited time period;and
WHEREAS, Service Provider participated in the selection and negotiation process;and
WHEREAS, Service Provider is willing to provide such wall reconstruction and repair services for the
TUSCAWILLA PHASE 3 WALL,for the City under the terms and conditions stated herein.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged,the parties covenant and agree as follows:
1.0 GENERAL PROVISIONS
1.1 Recitals. The foregoing recitals are deemed to be true and accurate and are fully incorporated herein by
reference.
1.2 Engagement. The City hereby engages Service Provider and Service Provider agrees to perform the
Services outlined in this Agreement for the stated fee arrangement. No prior or present agreements or representations shall
be binding upon any of the parties hereto unless incorporated in this Agreement.
1.3 Due Diligence. Service Provider acknowledges that it has investigated prior to the execution of this
Agreement and satisfied itself as to the conditions affecting the Services, the availability of materials and labor, the cost
thereof, the requirements to obtain necessary insurance as set forth herein, and the steps necessary to complete the Services
within the time set forth herein. Service Provider warrants unto the City that it has the competence and abilities to carefully
and faithfully complete the Services within the time set forth herein. Service Provider will perform its Services with due and
reasonable diligence consistent with sound professional practices.
2.0 TERM AND DEFINITIONS.
2.1 The term of this Agreement shall be for up to six(6)months,commencing on August 15,2013,and terminating
at midnight on February 14,2014,unless either party chooses to exercise its rights under Section 20,"Termination".
2.2 Definitions. The following words and phrases used in this Agreement shall have the following meaning
ascribed to them unless the context clearly indicates otherwise:
a. "Agreement" or "Contract" shall be used interchangeably and shall refer to this
Agreement,as amended from time to time,which shall constitute authorization
for the Service Provider to provide the maintenance services approved by the City.
b. "Effective Date" shall be the date on which the last signatory hereto shall execute this
Agreement, and it shall be the date on which this Agreement shall go into effect. The
Agreement shall not go into effect until said date.
C. "Service Provider" shall mean Alternative Wall Systems, Inc., a Florida Corporation,
and its principals,officers,employees,and agents.
d. "Public Record" shall have the meaning given in Section 119.01 1(1),Florida Statutes.
Tuscawilla Phase 3 Wall Reconstruction and Repair Agreement—2013(Alternative Wall Systems)
C. "Work" or"Services" shall be used interchangeably and shall include the performance of
the work agreed to by the parties in this Agreement.
f. "City Project Manager" or "Designated Representative" or "Project Director" shall mean the City's Urban
Beautification Manager,or his/her designee,who is to provide the general administration of the Agreement.
3.0 SCOPE OF SERVICES
Service Provider shall do,perform, deliver and carry out, in a professional manner, the type of services as set forth
in the "Scope of Work," attached hereto as Exhibit `A' and fully incorporated herein by this reference, including but not
limited to the furnishing of all labor,equipment,tools,materials,and incidentals.
4.0 AMENDMENTS AND MODIFICATIONS
Any cardinal change in the terms and conditions set forth in this Agreement must be mutually agreed to by both the
City and the Service Provider,and may be implemented only after this Agreement has been amended in writing.
The City reserves the right to make changes in the work, including alterations, reductions therein, or additions
thereto. Upon receipt by the Service Provider of the City's notification of a contemplated change,the Service Provider shall
(1) if requested by the City, provide an estimate for the increase or decrease in cost due to the contemplated change, (2)
notify the City of any estimated change in the completion date, and(3)advise the City in writing if the contemplated change
shall affect the Service Provider's ability to meet the completion dates or schedules of this Agreement.
If the City so instructs, in writing,the Service Provider shall suspend work on that portion of the work affected by a
contemplated change,pending the City's decision to proceed with the change. If the City elects to make the change,the City
shall issue an Amendment to this Agreement or Change Order and the Service Provider shall not commence work on any
such change until such written amendment or change order has been issued and signed by each of the parties.
5.0 SCHEDULE
Service Provider shall perform services in conformance with the schedule reasonably established by the City Project
Manager. Service Provider shall complete all of said services in a timely manner and will keep City apprised of the status of
work on at least a monthly basis or as otherwise reasonably requested by the City. Should Service Provider fall behind on the
established schedule,it shall employ such resources so as to comply with the schedule.
No extension for completion of services shall be granted to Service Provider without City's prior written consent.
6.0 METHODS OF PAYMENT FOR SERVICES AND EXPENSES OF SERVICE PROVIDER
6.1 Compensation. For the Services provided pursuant to the Agreement,the City agrees to pay
Service Provider a lump sum not to exceed Twentv-Five Thousand Dollars(525,000).
6.2 Additional Services. From time to time during the term of this Agreement, City may request that Service
Provider perform additional Services not required under the Project Manual. For those additional services agreed upon by
the City and Service Provider in writing, City agrees to pay Service Provider a total amount equal to that mutually agreed
upon by the parties in writing.
6.3 Payment. Upon receipt of a proper invoice from Service Provider, the City agrees to pay the Service
Provider the invoice amount providing said amount accurately reflects the terms and conditions of this Agreement. Unless
otherwise agreed in writing by the City, there shall be no other compensation paid to the Service Provider and its principals,
employees, and independent professional associates and consultants in the performance of Work under this Agreement. The
City agrees to make all payments due within thirty (30) days of receipt of a proper invoice delivered by Service Provider.
The Service Provider may only bill the City for actual work performed.
6.4 Truth-In-Negotiation Certificate. Signature of this Agreement by the Service Provider shall act as the
execution of a truth-in-negotiation certificate certifying that the wage and rates and costs used to determine the compensation
provided for in this Agreement are accurate,complete,and current as of the date of the Agreement.
Tuscawilla Phase 3 Wall Reconstruction and Repair Agreement—2013(Alternative Wall Systems)
7.0 RIGHT TO INSPECTION
7.1 City or its affiliates shall at all times have the right to review or observe the services performed by Service
Provider.
7.2 No inspection, review, or observation shall relieve Service Provider of its responsibility under this
Agreement.
8.0 AUDIT AND INSPECTIONS
The Service Provider shall maintain records on the City's projects, in accordance with generally accepted
accounting principles and practices to substantiate all invoiced amounts. Said records will be available to the City during the
Service Provider's normal business hours for a period of two (2) years after the Service Provider's final invoice for
examination to the extent required to verify the direct costs(excluding established or standard allowances and taxes)incurred
herein. Should such an audit by the City reveal monies owed to the City, the Service Provider shall reimburse the City for
the cost of the audit and pay the principal overcharge amount owed the City plus interest accrued at the prime interest rate in
effect on the date of discovery. Said interest rate shall apply to the principal overcharge amount revealed in the audit for the
period from the original payment due date(s)to the payment by the Service Provider of all monies owed.
9.0 PROFESSIONALISM AND STANDARD OF CARE
Service Provider shall do,perform and carry out in a professional manner all Services required to be performed by
this Agreement. Service Provider shall also use the degree of care and skill in performing the Services that are ordinarily
exercised under similar circumstances by reputable members of Service Provider's profession working in the same or similar
locality as Service Provider.
10.0 SUBMITTAL OF PROGRESS REPORTS
Service Provider shall submit a monthly written progress report as to the status of all Work set forth in this
Agreement. The report shall in a sufficient manner demonstrate that any funds expended were used to provide the agreed-
upon Services. If the detail is not sufficient in the City Project Manager's reasonable discretion to permit the City to
determine the Work performed or the manner in which it is being performed,the City may seek more detail from the Service
Provider. Service Provider agrees to provide that information within a reasonable time period.
11.0 WARRANTY OF PROFESSIONAL SERVICES
The Service Provider(for itself and any of its employees, Service Providers,partners,and agents used to perform the
Services) hereby warrants unto the City that all of its employees (and those of any of its Service Providers, partners, and
agents used to perform the Services) have sufficient experience to properly complete the Services specified herein or as may
be performed pursuant to this Agreement. In pursuit of any Work,the Service Provider shall supervise and direct the Work,
using its best skill and attention and shall enforce strict discipline and good order among its employees. The Service Provider
shall comply with all laws, ordinances, rules, regulations, and lawful orders of any public authority bearing on the
performance of the Work.
12.0 CORPORATE REPRESENTATIONS BY SERVICE PROVIDER
Service Provider hereby represents and warrants to the City the following:
a. Service Provider is duly registered and licensed to do business in the State of Florida and is in
good standing under the laws of Florida, and is duly qualified and authorized to carry on the
functions and operations set forth in this Agreement.
b. The undersigned signatory for Service Provider has the power,authority,and the legal right to
enter into and perform the obligations set forth in this Agreement and all applicable exhibits
thereto, and the execution, delivery, and performance hereof by Service Provider has been
duly authorized by the board of directors and/or president of Service Provider. In support of
said representation, Service Provider agrees to provide a copy to the City of a corporate
certificate of good standing provided by the State of Florida prior to the execution of this
Agreement.
Tuscawilla Phase 3 Wall Reconstruction and Repair Agreement—2013(Alternative Wall Systems)
c. Service Provider is duly licensed under all local, state and federal laws to provide the Services
stated in paragraph 3.0 herein. In support of said representation, Service Provider agrees to
provide a copy of all said licenses to the City prior to the execution of this Agreement.
13.0 WORK IS A PRIVATE UNDERTAKING
With regard to any and all Work performed hereunder, it is specifically understood and agreed to by and between
the parties hereto that the contractual relationship between the City and Service Provider is such that the Service Provider is
an independent Service Provider and not an agent of the City. The Service Provider, its Service Providers, partners, agents,
and their employees are independent Service Providers and not employees of the City. Nothing in this Agreement shall be
interpreted to establish any relationship other than that of an independent Service Provider,between the City, on one hand,
and the Service Provider, its Service Providers, partners, employees, or agents, during or after the performance of the Work
under this Agreement.
14.0 PROGRESS MEETING
City Project Manager may hold periodic progress meetings on a monthly basis, or more frequently if required by the
City, during the term of work entered into under this Agreement. Service Provider's Project Manager and all other
appropriate personnel shall attend such meetings as designated by the City Project Manager.
15.0 SAFETY
Precautions shall be exercised at all times for the protection of all persons (including the City's employees) and
property. The safety provisions of all applicable laws,regulations,and codes shall be observed. Hazards arising from the use
of vehicles, machinery, and equipment shall be guided or eliminated in accordance with the highest accepted standard of
safety. Service Provider shall be solely and absolutely responsible and assume all liability for the safety and supervision of
its principals,employees, Service Providers,and agents while performing Services provided hereunder.
16.0 INSURANCE
Service Provider shall maintain in full force and effect during the life of the Agreement, Worker's Compensation
insurance covering all employees in performance of work under the Agreement. Service Provider shall make this same
requirement of any of its sub-Service Providers. Service Provider shall indemnify and save the City harmless for any damage
resulting to them for failure of either Service Provider or any sub-Service Provider to take out or maintain such insurance.
The following are required types and minimum limits of insurance coverage which the Service Provider agrees to maintain
during the term of this Agreement:
COVERAGE MINIMUM LIMITS
General and Auto Liability $500,000 per person/incident
$1,000,000 incident
Professional Liability(if applicable) $1,000,000
Worker's Compensation Statutory
Neither Service Provider nor any sub-Service Provider shall commence work under this Agreement until they have obtained
all insurance required under this section and have supplied the City with evidence of such coverage in the form of a
Certificate of Insurance and endorsement. The City shall approve such certificates. All insurers shall be licensed to conduct
business in the State of Florida. Insurers must have, at a minimum, a policyholders' rating of"A", and a financial class of
"VIP" as reported in the latest edition of Best's Insurance Reports, unless the City grants specific approval for an exception.
All policies provided should be Occurrence, not Claims Made, forms. The Service Provider's insurance policies should be
endorsed to add the City of Winter Springs as an Additional Insured. The Service Provider shall be responsible for all
deductibles. All of the policies of insurance so required to be purchased and maintained shall contain a provision or
endorsement that the coverage afforded shall not be cancelled, materially changed or renewal refused until at least thirty (30)
calendar days written notice have been given to the City by certified mail.
Tuscawilla Phase 3 Wall Reconstruction and Repair Agreement—2013(Alternative Wall Systems)
17.0 COMPLIANCE WITH LAWS AND REGULATIONS
In the performance of work and services under this Agreement, Service Provider agrees to comply with all Federal,
State and Local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement that are
applicable to Service Provider, its employees, agents or sub-Service Providers, if any, with respect to the work and services
described herein.
18.0 DOCUMENTS
18.1 Public Records. It is hereby specifically agreed that any record,document, computerized information and
program, audio or video tape,photograph, or other writing of the Service Provider and its independent Service Providers and
associates related, directly or indirectly, to this Agreement, may be deemed to be a Public Record whether in the possession
or control of the City or the Service Provider. Said record,document,computerized information and program,audio or video
tape, photograph, or other writing of the Service Provider is subject to the provisions of Chapter 119, Florida Statutes, and
may not be destroyed without the specific written approval of the City's City Manager. Upon request by the City,the Service
Provider shall promptly supply copies of said public records to the City. All books,cards, registers, receipts, documents, and
other papers in connection with this Agreement shall at any and all reasonable times during the normal working hours of the
Service Provider be open and freely exhibited to the City for the purpose of examination and/or audit.
18.2 The Service Provider acknowledges that the City is a Florida municipal corporation and subject to the
Florida Public Records Law. Service Provider agrees that to the extent any document produced by Service Provider under
this Agreement constitutes a Public Record; Service Provider shall comply with the Florida Public Records Law.
19.0 ASSIGNMENT
19.1 Service Provider shall not assign or subcontract this Agreement, or any rights or any monies due or to
become due hereunder without the prior,written consent of City.
19.2 If upon receiving written approval from City, any part of this Agreement is subcontracted by Service
Provider, Service Provider shall be fully responsible to City for all acts and/or omissions performed by the sub-Service
Provider as if no subcontract had been made.
19.3 If City determines that any sub-Service Provider is not performing in accordance with this Agreement, City
shall so notify Service Provider who shall take immediate steps to remedy the situation.
19.4 If any part of this Agreement is subcontracted by Service Provider, prior to the commencement of any
Work by the sub-Service Provider, Service Provider shall require the sub-Service Provider to provide City and its affiliates
with insurance coverage as set forth by the City.
20.0 TERMINATION
This Agreement may be terminated by the Service Provider upon thirty (30) days prior written notice to the City in
the event of substantial failure by the City to perform in accordance with the terms of this Agreement through no fault of the
Service Provider. It may also be terminated by the City with or without cause immediately upon written notice to the Service
Provider. Unless the Service Provider is in breach of this Agreement,the Service Provider shall be paid for services rendered
to the City's satisfaction through the date of termination. After receipt of a Termination Notice and except as otherwise
directed by the City,the Service Provider shall:
A. Stop work on the date and to the extent specified by the City.
B. Terminate and settle all orders and subcontracts relating to the performance of the terminated work.
C. Transfer all work in process, completed work and other material related to the terminated work to the City or
approved designee.
D. Continue and complete all parts of the work that have not been terminated.
21.0 FORCE MAJEURE
Any delay or failure of either party in the performance of its required obligations hereunder shall be excused if and
to the extent caused by acts of God;fire; flood; windstorm; explosion; riot; war; sabotage; strikes (except involving Service
Providers labor force); extraordinary breakdown of or damage to City's affiliates' generating plants, their equipment, or
facilities;court injunction or order;federal and/or state law or regulation;
Tuscawilla Phase 3 Wall Reconstruction and Repair Agreement—2013(Alternative Wall Systems)
order by any regulatory agency; or cause or causes beyond the reasonable control of the parry affected;provided that prompt
notice of such delay is given by such party to the other and each of the parties hereunto shall be diligent in attempting to
remove such cause or causes. If any circumstance of Force Majeure remains in effect for sixty days, either party may
terminate this Agreement.
21.0 GOVERNING LAW&VENUE
This Agreement is made and shall be interpreted, construed, governed, and enforced in accordance with the laws of
the State of Florida. Venue for any state action or litigation shall be Seminole County,Florida. Venue for any federal action
or litigation shall be in the Middle District of Florida in Orlando,Florida.
22.0 HEADINGS
23.1 Paragraph headings are for the convenience of the parties only and are not to be construed as part of this
Agreement.
23.0 SEVERABILITY
24.1 In the event any portion or part thereof of this Agreement is deemed invalid, against public policy,void, or
otherwise unenforceable by a court of law, the parties, at the sole discretion and option of the City, shall negotiate an
equitable adjustment in the affected provision of this Agreement. The validity and enforceability of the remaining parts of
this Agreement shall otherwise be fully enforceable.
24.0 INTEGRATION;MODIFICATION
25.1 The drafting, execution, and delivery of this Agreement by the Parties have been induced by no
representations, statements,warranties,or agreements other than those expressed herein. This Agreement
embodies the entire understanding of the parties, and there are no further or other agreements or understandings, written or
oral,in effect between the parties relating to the subject matter hereof unless expressly referred to herein.
25.0 THIRD PARTY RIGHTS
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than City and Service
Provider.
26.0 PROHIBITION AGAINST CONTINGENT FEES
Service Provider warrants that it has not employed or retained any company or person, other than a bona fide
employee working solely for the Service Provider, to solicit or secure this Agreement, and that it has not paid or agreed to
pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Service
Provider, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or
making of this Agreement.
28.0 NO JOINT VENTURE
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 party.
29.0 ATTORNEY'S FEES
If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged
dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or
prevailing party or parties shall be entitled to recover reasonable attorney's fees, court costs, and all expenses (including
taxes) even if not taxable as court costs (including,without limitation, all such fees, costs and expenses incident to appeals),
incurred in that action or proceeding,in addition to any other relief to which such party or parties may be entitled.
Tuscawilla Phase 3 Wall Reconstruction and Repair Agreement—2013(Alternative Wall Systems)
30.0 COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which when so executed and delivered
shall be considered an original agreement;but such counterparts shall together constitute but one and the same instrument.
31.0 DRAFTING
City and Service Provider each represent that they have both shared equally in drafting this Agreement and no parry
shall be favored or disfavored regarding the interpretation of this Agreement in the event of a dispute between the parties.
32.0 NOTICES
Any notices required to be given by the terms of this Agreement shall be delivered by hand or mailed, postage
prepaid to:
For Service Provider:
Alternative Wall Systems
1117 Seafarer lane
Winter Springs,FL 32708
For Ci :
City of Winter Springs
Urban Beautification Manager
1126 East State Road 434
Winter Springs,FL 32708
Phone: (407)327-1800 8315
33.2 Either party may change the notice address by providing the other party written notice of the change.
34.0 SOVEREIGN IMMUNITY
Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be
construed as a waiver of the City's right to sovereign immunity under section 768.28, Florida Statutes, or other limitations
imposed on the City's potential liability under state or federal law. As such,the City shall not be liable under this Agreement
for punitive damages or interest for the period before judgment. Further, the City shall not be liable for any claim or
judgment, or portion thereof, to any one person for more than one hundred thousand dollars ($100,000.00), or any claim or
judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and
subdivisions arising out of the same incident or occurrence, exceeds the sum of two hundred thousand dollars ($200,000.00).
This paragraph shall survive termination of this Agreement.
35.0 INDEMNIFICATION
35.1 For all Services performed pursuant to this Agreement, the Service Provider agrees to the fullest extent
pennitted by law, to indemnify and hold harmless the City and its commissioners, employees, officers, and city attorneys
(individually and in their official capacity)from and against all claims,losses, damages,personal injuries (including but not
limited to death), or liability (including reasonable attorney's fees through any and all administrative, trial and appellate
proceedings),directly or indirectly arising from:
a. any default under this Agreement by Service Provider;
b. any negligent act, omission or operation of work related to all Services performed under
this Agreement by Service Provider, and its employees, principals, agents, independent
Service Providers,and consultants.
c. the acts, errors, omissions, intentional or otherwise, arising out of or resulting from
Service Provider's and its employees, partners, Service Providers, and agents on the
performance of the Services being performed under this Agreement;
Tuscawilla Phase 3 Wall Reconstruction and Repair Agreement—2013(Alternative Wall Systems)
d. Service Provider's, and its employees, partners, Service Providers, and agents failure to
comply with the provisions of any federal, state, or local laws, ordinance, or regulations
applicable to Service Provider's and its employees, partners, Service Providers, and
agents performance under this Agreement;
e. any fraud and misrepresentation conducted by Service Provider and its employees,
partners, Service Providers,and agents on the City under this Agreement.
35.2 The indemnification provided above shall obligate the Service Provider to defend at its own expense or to
provide for such defense, at the option of the City, as the case may be, of any and all claims of liability and all suits and
actions of every name and description that may be brought against the City or its commissioners, employees, officers, and
City Attorney which may result from any negligent act, omission or operation of work related to the Services under this
Agreement whether the Services be performed by the Service Provider, or anyone directly or indirectly employed by them.
In all events the City and its commissioners, employees, officers, and City Attorney shall be permitted to choose legal
counsel of its sole choice, the fees for which shall be reasonable and subject to and included with this indemnification
provided herein.
36.0 ORDER OF PRECEDENCE
36.1 In case of any inconsistency in any of the documents bearing on the Agreement between the City and the
Service Provider,the inconsistency shall be resolved by giving precedence in the following order:
a. Addenda to this Agreement subsequent to the Effective date of this Agreement;
b. This Agreement;
C. Exhibits to this Agreement;and
d. The Bid documents.
36.2 Any inconsistency in the work description shall be clarified by the City and performed by the Service
Provider.
37.0 AGREEMENT INTERPRETATION
37.1 At its discretion, during the course of the work, should any errors, ambiguities, or discrepancies be found in
the Agreement or specifications, the City at its sole discretion will interpret the intent of the Agreement and work
descriptions and the Service Provider hereby agrees to abide by the City's interpretation and agrees to carry out the work in
accordance with the decision of the City.
37.2 When the material, article, or equipment is designated by a brand name and more than one brand name is
listed, it will be understood that the work is based on one brand name only. The Service Provider will be responsible for all
coordination necessary to accommodate the material,article,or equipment being provided without additional cost to the City.
A substitute material,article,or equipment is allowed if it is reasonably equivalent to the brand name specified. The City has
full discretion to decide whether a substitute is reasonably equivalent. Service Provider must notify the City prior to use of
the substitute for a specified brand name and allow the City to make a determination before Service Provider uses the
substitute.
38.0 NONDISCRIMINATION
The Service Provider warrants and represents that it complies with all Federal and State requirements concerning
fair employment and will not discriminate by reason of race,color,religion, sex,age,national origin,or physical handicap.
39. ARREARS
The Service Provider shall not pledge the City's credit or make it guarantor of payment or surety for any contract,
debt,obligation,judgment, lien or any form of indebtedness. The Service Provider further warrants and represents that it has
no obligation for indebtedness that would impair its ability to fulfill the terms of this Agreement.
Tuscawilla Phase 3 Wall Reconstruction and Repair Agreement—2013(Alternative Wall Systems)
40. WARRANTY
The Service Provider warrants that skilled and competent personnel to the highest professional standards in the field
shall perform all services.
41. INDEPENDENT SERVICE PROVIDER
The Service Provider agrees that it is an independent Service Provider with respect to the services provided pursuant
to this Agreement, and not an employee, agent, or servant of the City. All persons engaged in any of the work or services
performed shall at all times, and in all places,be subject to the Service Provider's sole discretion, supervision, and control.
The Service Provider shall exercise control over the means and manner in which it and its employees perform the work; the
City's interest is in the results obtained. Nothing in this Agreement shall be considered to create the relationship of employer
and employee between the parties.
42. NONWAIVER
No inspection by the City, nor any payment for or acceptance of the whole or part of the items in this Agreement,
nor any extension of time,nor any possession taken by the City of the product or services hereunder shall operate as a waiver
of(1) any provision of this Agreement, (2)the right to have it fully performed, (3) any power herein reserved by the City or
(4) any right to damages under this Agreement. No waiver of any breach of this Agreement shall be held to be a waiver of
any other breach.
43. EXCLUSIVITY
This is not an exclusive Agreement. The City may,at its sole discretion,contract with other entities for work similar
to that to be performed by the Service Provider hereunder.
IN WITNESS WHEREOF,the parties hereto caused this Agreement to be executed by
their duly authorized representatives as of the date first written above.
SERVICE PROVIDER:
Name(Printed and Signed)
Title
Date
CITY:
CITY OF WINTER SPRINGS,FLORIDA
A Florida municipal corporation
KEVIN L. SMITH
City Manager
Date
ATTEST:
ANDREA LORENZO-LUACES, City Clerk
Tuscawilla Phase 3 Wall Reconstruction and Repair Agreement—2013(Alternative Wall Systems)
EXHIBIT 'A'
Tuscawilla Phase 3 Wall Project
Scope of Work
GENERAL CONDITIONS
1. SCOPE
The scope of work includes rebuilding and repair of the Tuscawilla Phase 3 Wall at four (4) entrances as
described the technical specifications, including all labor, equipment, tools, materials, and incidentals, and
performing of all operations necessary to complete the project.
2. ENGINEERS
The Owner is the Engineer on this project.
3. APPLICABLE SPECIFICATIONS AND REQUIREMENTS
All work to be performed on this project shall conform to applicable specifications and requirements included
(or referenced)in these Contract Documents.
4. PERMITS AND REGULATIONS
The Service Provider shall procure and pay for all permits, licenses, and bonds necessary for the prosecution of
the Work, and/or required by municipal, State and federal regulations, laws and procedures, unless specifically
provided otherwise in the Contract Documents. The Owner shall provide all required easements.
The Service Provider shall give all notices,pay all fees, and comply with all federal, state and municipal laws,
ordinances,rules and regulations and codes bearing on the conduct of the Work. This Contract,as to all matters
not particularly referred to and defined herein, shall notwithstanding,be subject to the provisions of all pertinent
ordinances, codes and normal regulatory procedures of the municipality or other political subdivision within
whose limits the Work is constructed, which ordinances, codes and procedures are hereby made a part hereof
with the same force and effect as if specifically set out herein.
5. PERFORMANCE AND PAYMENT BONDS (not used)
6. BID BOND (not used)
7. INSURANCE AND HOLD HARMLESS INDEMNIFICATION
Hold Harmless Agreement - To the fullest extent permitted by laws and regulations Service Provider shall
indemnify and hold harmless Owner and their consultants, agents and employees from and against all claims,
damages,losses and expenses, direct,indirect or consequential(including but not limited to fees and charges of
engineers,architects,attorneys and other professionals and court and arbitration costs)arising out of or resulting
from the performance of the Work,provided that any such claim, damage,loss or expenses(a)is attributable to
bodily injury, sickness, disease or death, or to injury to or destruction of tangible property other than the Work
itself)including the loss of use resulting therefrom and(b)is caused in whole or in part by any negligent act or
omission of Service Provider, any Subcontractor, any person or organization directly or indirectly employed by
any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable,
regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by
Law and Regulations regardless of the negligence of any such party.
In any and all claims against Owner or any of their consultants, agents or employees by any employee of
Service Provider, any Subcontractor,any person or organization directly or indirectly employed by any of them
to perform or furnish any of the Work or anyone for whose acts any of them may be liable,the indemnification
obligation under the previous paragraph shall not be limited in any way by any limitation on the amount or type
of damages,compensation or benefits payable by or for Service Provider or any such
Subcontractor or other person or organization under workers' or workmen's compensation acts, disability
benefit acts or other employee benefit acts.
Service Provider's Liability Insurance -The Service Provider shall not commence any work under this Contract
until he has obtained all insurance required under this paragraph. Service Provider shall purchase and maintain
such comprehensive general liability and other insurance as is appropriate for the Work being performed and
furnished and as will provide protection from claims set forth which may arise out of or result from Service
Provider's performance and furnishing of the Work and Service Provider's other obligations under the Contract
Documents, whether it is to be performed or furnished by Service Provider, by any Subcontractor, by anyone
directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose
acts any of them may be liable. The insurance required by this paragraph shall include the specific coverage's
and be written for not less than the limits of liability and coverage's provided or required by law, whichever is
greater. The comprehensive general liability insurance shall include completed operations insurance. The
comprehensive general liability insurance shall also include Contractual Liability Insurance applicable to
Service Provider's obligations under the Hold Harmless Indemnification. All of the policies of insurance so
required to be purchased and maintained (or the certificates or their evidence thereof) shall contain a provision
or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at
least thirty days' prior written notice has been given to Owner by certified mail. All such insurance shall
remain in effect until final payment and at all times thereafter when Service Provider may be correcting,
removing or replacing defective work in accordance with the Contract Documents. Service Provider's General
Liability Insurance shall include the Owner, and Owner's consultants as insured or additional insured which
may be accomplished by either an endorsement of Service Provider's Comprehensive General Liability policy
or by Service Provider's carrier issuing a separate protection liability policy.
Various types of coverage and corresponding limits are further described under Article 16.0 of the Agreement.
8. SALES TAX
The Service Provider shall include in his bid,and shall pay,all Florida State sales tax and other local, State,and
Federal taxes in accordance with existing laws and regulations.
10. CHANGES IN THE WORK
The owner may, at any time, or from time to time, without invalidating the Agreement order alterations,
deletions or revisions in the Work by written Change Order or Field Order. Upon receipt of any such order
Service Provider shall promptly proceed with the Work involved which shall be performed under the applicable
conditions of the Contract Documents.
Any deviations from these specifications, plans and contract documents, must be approved by the Owner in
advance of the construction either by a written and executed Change Order or a written Field Order.
The Service Provider agrees that he will do such work as may be required for the proper execution of the whole
work herein contemplated, including all labor, equipment and materials reasonably necessary for the proper
completion of the work. The Service Provider agrees that he will make no claim for extra work unless that
material or work is not covered by, or properly inferable from the Contract Documents. If the Service Provider
makes a claim for an extra or additional cost and requests a Change Order be issued prior to performing the
work, and the Owner renders a decision denying such request, the Service Provider must notify the Owner in
writing within 3 days of the time that the Service Provider is informed of the Owner's decision. Otherwise the
Owner will not consider any such difference as a claim for a Change Order or additional payment or time. Any
such written notice received by the Owner from the Service Provider within the 3-day period shall be just
reason for the Owner to re-evaluate his/her previous decision.
11. DEFINITION AND COORDINATION OF CONTRACT DOCUMENTS
The Proposal and Agreement, General Conditions, Special Conditions, and addenda, any change orders, the
drawings and specifications, and any supplementary documents are essential parts of this contract, and together
constitute the Contract Documents. Any item shown on the drawings shall be
considered as included in the specifications,whether specifically mentioned therein or not, and vice versa. Any
errors or omissions as to standards or work in the drawings and specifications shall in no way relieve the
Service Provider of the obligation to furnish a first-class job in accordance with the best standard practice and in
accordance with the intent of the Contract Documents.
A. In case of conflict,the precedence of the Contract Documents shall be as follows:
1. Service Provider's Bid(Proposal)and Agreement
2. Change Orders
3. Special Conditions
4. General Conditions
5. Drawings
An addendum issued prior to bid, may modify any of the contract documents in existence at that time. The
addendum takes precedence over the previous issue of the contract document being modified.
12. FINAL DRAWINGS(not used)
13. CONSTRUCTION SCHEDULE(not used)
14. PAYMENTS
The Contractor shall give a detailed invoice and written report at the end of each month describing the work
performed at each of the designated locations listed in this agreement. If any repair work was completed during
the month, a detailed description of the work performed is to be listed with their respective locations and
attached to the invoice. The City Representative,prior to processing for payment,will review these invoices. In
case of any conflicts, an inspection of the area and work in question will be made by the City Representative
and an authorized representative of the Contractor at a time agreed upon by both parties not more than five (5)
working days after receipt of invoices. Once the City Representative has approved the invoices,payment will be
thirty(30)days thereafter.
A. Payments may be withheld if:
1. Work is found defective and not remedied;
2. Repairs or replacements have not been made for which the Contractor is responsible;
2. Contractor does not make prompt and proper payments to subcontractors;
3. Contractor does not make prompts and proper payments for labor,materials,or equipment furnished him;
4. Another Contractor is damaged by an act for which Contractor is responsible;
5. Claims or liens are filed on the job;or
6. In the opinion of the City of Winter Springs, Contractor's work is not progressing satisfactorily.
15. PAYMENTS WITHHELD
The Owner will disburse, and shall have the right to act as agent for the Service Provider in disbursing such
funds as have been withheld, to the party or parties who are entitled to payment therefrom. The Owner will
render to the Service Provider a proper accounting of all such funds disbursed in behalf of the Contract. Neither
the final payment nor any part of the retained percentage shall become due until the Service Provider, if
required, shall deliver to the Owner his written one year guarantee on the work and a complete release of liens
arising out of this Contract, or receipts in full in lieu thereof, and, if required in either case, an affidavit that so
far as he has knowledge or information,the releases and receipts include all the labor and material for which a
lien could be filed;but the Service Provider may, if any subcontractor refuses to sign a release or receipt in full,
furnish a bond satisfactory to the Owner,to indemnify himself against any lien. If any lien remains unsatisfied
after all payments are made, the Service Provider shall refund to the Owner all monies that the latter may be
compelled to pay in discharging such a lien,including all costs and a reasonable attorney's fee.
16. OWNER'S RIGHT TO TERMINATE THE CONTRACT(see AGREEMENT,Paragraph 20.0)
17. GENERAL GUARANTEE(not used)
18. APPAREL
All service provider personnel shall maintain a professional, neat and appropriate appearance when on job site
in order to reflect the standards of the community. Marked uniforms shall be worn when working on the
project.
Summary of Work
1. GENERAL
1.1 Work Covered by Contract Documents
A. The work to be performed under this Contract consists the repair/rebuilding of eight(8) entrance
walls for the Tuscawilla Phase 3 Assessment Area. Perform all work in accordance with the
Contract Documents. Furnish all materials, equipment,tools, and labor which are reasonably and
properly inferable and necessary for the proper completion of the work, whether specifically
indicated in the Contract Documents or not.
B. The Contractor shall be obligated, at its expense, immediately or promptly to repair to the City's
Representative's satisfaction, any damage to exterior plantings, or irrigation systems or any other
property within the areas specified in this agreement. In the event the contractor has not repaired
any such damage within reasonable time, as determined by the City's Representative, the City
may repair such damage and deduct such cost from the next payment due to the Contractor. The
Contractor shall be liable to the City for any such cost in excess of the amount deducted by the
City.
C. The Contractor shall be obligated to immediately notify the City Representative verbally and
follow in writing within twenty-four (24) hours after the event of any damage which the
Contractor discovers, or should have discovered in the exercise of reasonable care,whether or not
such damage was caused by the Contractor.
D. Prior to the commencement of work on this contract, an authorized representative of the
Contractor and the Designated Representative of the City may perform a site condition survey of
all exterior plantings at each of the designated areas of the City covered by this Agreement.
E. During the 30 day period preceding the expiration of the term of this Agreement, or, in the event
of an earlier termination a 30 day period following the termination, a final condition survey may
be made jointly by the City Representative and the Contractor. This survey shall establish a punch
list of plantings and material that do not meet the specifications and that must be replaced prior to
the final completion of the contract. If the plantings and materials so identified are not replaced,
an appropriate amount shall be withheld from the final payment.
2. CONTRACT
2.1 General
A. This project shall be maintained under a lump sum contract.
B. The project as shown on the Drawings and described in these specifications constitutes the work to
be performed under this contract.
3. SAFETY REQUIREMENTS
3.1 General
A. Any equipment and tools used in performing the work under this Agreement shall conform to the
Florida Department of Transportation-Manual of Uniform Traffic Devices.
B. Equipment shall be maintained in good repair, shall be fueled on concrete surfaces only, and shall
be provided with the proper noise reduction and safety devices as prescribed by the Occupational
Safety and Health Administration(OSHA).
C. Approved traffic(M.U.T.C.D.)warning devices shall be used when necessary to provide safety to
persons and vehicular traffic within any areas undergoing work within a roadway.
TECHNICAL SPECIFICATIONS
1. A total of(8) Entrance Walls are to be repaired/rebuilt as part of this project. All labor,equipment
and materials shall be provided by contractor to accomplish the scope of work.
2. Locations and description of entrance walls to be repaired/rebuilt:
1. White Dove Drive at Northern Way
1. (Left Side)Repair entrance wall/rebuild wing wall.
2. (Right side)Repair entrance wall/wing wall.
2. Wood Duck Drive(1)at Winter Springs Blvd.
1. (Left Side)Rebuild entrance wall/wing wall.
2. (Right Side)Rebuild entrance wall/wing wall.
3. Wood Duck Drive(2)at Winter Springs Blvd.
1. (Left Side)Rebuild entrance wall/wing wall.
2. (Right side)Repair entrance wall/wing wall.
4. Little Sparrow Court at Winter Springs Blvd.
1. (Left Side)Repair entrance wall/rebuild wing wall.
2. (Right side)Repair entrance wall/wing wall.
3. Walls being rebuilt will utilize bricks(stockpiled at the City's East Wastewater Treatment Plant)
reclaimed from the prior demolition. Upon depletion of the supply of reclaimed bricks from the prior
demolition,new bricks shall be provided by contractor.
• Complete demolition and clean-up of(5)walls previously removed.
• Leave(3)remaining entrance/wing walls in place and perform restorative repairs.
• Rebuild to meet current Florida Building Code(s), (5) entrance/wing walls that were previously
removed,using bricks reclaimed from the previous demolition.
• Wall design/style to match existing scheme.
• Engineering, permit fees, labor, equipment and materials to complete the project to the City's
satisfaction are included in the scope of work and are part of the bid price.
• Contractor to ensure and be responsible for safety on the jobsite from start to completion of the
project.
**Continued on next page**
White D• D• •
Wood Wood •
Wood Duck 2 (Left) Wood Duck 2 (Right)
Little �y
Sparrow Sparrow •
PROPOSAL
Alternative Wall Systems, Inc.
1117 Seafarer Lane
Winter Springs, FL 32708
Mike Masters
407-765-0038
July 26, 2013
Submitted to:
City of Winter Springs
For Unit 12 Subdivision Tuskawilla
For the construction and repairing of brick walls at each entrance of subdivision
and wall section at corner of Northern Way and Winter Springs Blvd. Total of 9
walls.
Scope of work:
Complete demolition of walls already taken down.
Rebuild walls using brick from original wall that were demolished to original
design. Correct and stabilize existing walls.
Price includes all engineering, permitting, labor, material and clean up of
construction debris.
Total $25,000.00
DR-408A
ATTACHMENT 'E' N. 02/91
DEPARTMENT
OF REVENUE
CERTIFICATE TO
NON-AD VALOREM ASSESSMENT ROLL
I, the undersigned, hereby certify that I am the Chairman of the Board, or authorized
agent of , located in County,
Florida; as such, I have satisfied myself that all property included or includable on the
Non-Ad Valorem Assessment Roll for the aforesaid county is properly assessed so far
as I have been able to ascertain; and that all required extensions on the above
described roll to show the non-ad valorem assessments attributable to the property
listed therein have been made pursuant to law.
further certify that, upon completion of this certificate and the attachment of same to
the herein described Non-Ad Valorem Assessment Roll as part thereof, said Non-Ad
Valorem Assessment Roll will be delivered to the Tax Collector of this county.
In witness whereof, I have subscribed this certificate and caused the same to be
attached to and made a part of the above described Non-Ad Valorem Assessment Roll
this the day of ,
year
Chairman of the Board or authorized agent
of
Name of local government
County, Florida
CERTIFICATE
TO
NON-AD VALOREM ASSESSMENT ROLL
I HEREBY CERTIFY that, I am the Chair of the City Commission, or authorized
agent of the City of Winter Springs, Florida (the "City"); as such I have satisfied myself
that all property included or includable on the Tuscawilla Units 12/12A Service and
Improvement Areas Non-Ad Valorem Assessment Roll (the "Non-Ad Valorem
Assessment Roll") for the City is properly assessed so far as I have been able to
ascertain; and that all required extensions on the above described roll to show the non-
ad valorem assessments attributable to the property listed therein have been made
pursuant to law.
I FURTHER CERTIFY that, in accordance with the Uniform Assessment
Collection Act, this certificate and the herein described Non-Ad Valorem Assessment
Roll will be delivered to the Seminole County Tax Collector by September 15, 2013.
IN WITNESS WHEREOF, I have subscribed this certificate and directed the
same to be delivered to the Seminole County Tax Collector and made part of the above
described Non-Ad Valorem Assessment Roll this the 15th day of August, 2013.
Tuscawilla Units 12/12A Service and Improvement Assessment Area Total
Units 12/12A Improvement Assessment
Total Parcels 88
Units 12/12A Improvement Total Annual Assessment $7,633
Units 12/12A Maintenance Assessment
Total Parcels 88
Units 12/12A Maintenance Total Annual Assessment $6,735
CITY OF WINTER SPRINGS, FLORIDA
By:
Mayor
ATTACHMENT 'F'
Winter Springs — Tuscawilla Units 12/12A Improvement and Maintenance
Assessments
Assessment Summary: 2013 — 2014
Units 12/12A Improvement Rate$85.00/BU & Maintenance Rate&$75.00/BU Maintenance Rate
Units 12/12A Improvement Assessment
Total ERU's ...................................................... 89.80
Parcel Count ................................................... ......... 88
Total Annual Assessment ................................... $7,633.00
Units 12/12A Maintenance Assessment
Total ERU's ......................................................... 89.80
Parcel Count...................................................... ....... 88
Total Maintenance Assessment............................ $6,735.00
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