1503 Enclave at Tuscanye
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PLANNING & DEVELOPMENT SERVICES
ENGINEERING DIVISION
MEMORANDUM
TO: Jan Dougherty, City Clerk
F ROM: David L. Richards, Development Services Manager
DATE March 29, 2012
RE: Maintenance Agreement
I have attached a Maintenance Agreement for the City owned reclaimed water main serving The
Enclave at Tuscany in the City of Lake Mary. Please have Mayor Triplett sign the document and
his signature attested. Once this is done, please provide a copy to this office for our files and file
the original for safekeeping.
If you have any questions, please contact my office at ext. 5146.
Thank you.
-PRIVATE" WATER AND SEWER FACILITY MAINTENANCE AGREEMENT
(For use with cash bond)
THIS AGREEMENT is made and entered into this - � �� y of f ,
20_' < between Encore Enclave Investments LLC, hereinafter referred to as
"PRINCIPAL" and CITY OF SANFORD, a municipality of the State of Florida
(hereinafter referred to as the "HOLDER ").
WITNESSETH:
WHEREAS, PRINCIPAL has constructed certain reclaim water lines that lie
within the Seminole County Right of Way near County Road 46A and Via Albina Lane;
and
WHEREAS, the aforesaid water and sewer facilities and improvements were
made pursuant to certain plans and specifications dated �JhAk M$ , 2012, (as
subsequently revised or amended) and filed with the HOLDER; and
WHEREAS, PRINCIPAL is obligated to protect the HOLDER against any
defects resulting from faulty materials or workmanship of said reclaim water facilities
and improvements and to maintain said improvements and facilities for a period of three
(3) years from N^.wJ(/` 1 2012 and
WHEREAS, to guarantee performance of said obligations by PRINCIPAL,
PRINCIPAL has obtained and furnished to the HOLDER, (check) in the sum of Two
Thousand DOLLARS ($2,000.00) (in U.S. currency).
NOW, THEREFORE, the HOLDER, agrees to accept the above referenced sum
as security for the maintenance obligation of the PRINCIPAL.
PRINCIPAL, its heirs, executors, successors and assigns, jointly and severally
agrees to be held and firmly bound to the HOLDER in the sum of TWO THOUSAND
DOLLARS ($2,000.00) on the condition that, if PRINCIPAL shall promptly and
faithfully protect the HOLDER against any defects resulting from faulty materials or
workmanship of the aforesaid reclaim water facilities and improvements and maintain
said recla*mvater facilities and improvements for a period of three (3) years from
2012, then this obligation shall be null and void, otherwise it shall
remain in full force and effect.
The HOLDER shall notify the PRINCIPAL in writing of any defect for which the
PRINCIPAL is responsible and shall specify in said notice a reasonable period of time
within which the PRINCIPAL shall have to correct said defect.
Should the PRINCIPAL fail or refuse to perform or correct said defects within the
time specified, the HOLDER shall be authorized, but shall not be obligated, to take over
1
and perform, or cause to be performed, such work as shall be necessary to correct such
defects, and shall be authorized to utilize the cash sum stated above to pay the cost
thereof, including, but not limited to, engineering, legal and contingent costs.
This Agreement and all rights hereunder may not be released or assigned without
the written consent of the City of Sanford.
IN WITNESS WHEREOF, the parties to this Agreement have caused their
names to be affixed hereto by the proper officers thereof.
Signed, sealed and delivered
in the presence of:
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Approved by:
Attest:
PRINCIPAL: C- Nfcv('j- E n/L ( Av e
NvF f f r^ENTS l L L
By:
Date: I ( Z
CITY OF SANFORD
SEMINOLE COUNTY, FLORIDA
c < ' l By:
Jan Dougherty, City Cfirk
Datf
2
RECLAIM WATER UTILITIES
BILL OF SALE
Encore Enclave Investments LLC, a Florida limited liability company, located at 1061 Nash
Drive, Celebration, Fl 34747, County of Osceola, State of Florida, hereafter known as the
SELLER, for and in consideration of the sum of One ($1.00) Dollar and other valuable
consideration paid to SELLER by City of Sanford, a political subdivision of the State of
Florida, hereafter known as the BUYER, receipt of which is hereby acknowledged does
grant, sell, transfer, convey, and deliver to BUYER all pipes, lines, gate valves, valve
boxes, fittings, thrust blocks, hydrants, pump stations, and other goods and equipment
which comprise the reclaimed water systems installed by SELLER and located on the
following public easements, rights -of -way, or tracts as shown on the record drawings, more
specifically described as follows:
PROJECT: ENCLAVE AT TUSCANY
(See Attached Legal Description)
BUYER shall have all rights and title to the goods in itself and its assigns.
SELLER warrants that it is lawful owner of the goods and the goods are free from all liens
and encumbrances. SELLER has good right to sell the goods and will warrant and defend
the right against the lawful claims and demands of all persons.
IN WITNESS WHEREOF, SELLER has executed this BILL OF SALE at 300 North Park
Avenue, Sanford, FL 32771, on this 7`" day March, 2012.
SELLER:
ADDRESS: ENCORE ENCLAVE INVESTMENTS LLC
1061 NASH DRIVE
CELEBRATION, FL 34747
BY: ITS: MANAGER
(IF C TON)
ATTEST: ITS:
City of Sanford B -3
Utility Department
Exhibit "A"
PARCEL 1:
ALL THAT TRACT OR PARCEL OF LAND LYING IN THE NORTHWEST 1/4 OF SECTION 4, TOWNSHIP 20
SOUTH, RANGE 30 EAST, CITY OF LAKE MARY, SEMINOLE COUNTY, FLORIDA AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SECTION 4, TOWNSHIP 20 SOUTH, RANGE 30 EAST,
THENCE SOUTH 89 DEGREES 44'47" EAST ALONG THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID
SECTION 4, DISTANCE OF 330.00 FEET TO A POINT; THENCE SOUTH 00 DEGREES 03'05" WEST, A
DISTANCE OF 61.00 FEET TO THE SOUTHERLY RIGHT -OF -WAY LINE OF PAOLA ROAD (STATE ROAD 46-
A) AND THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 44'47" EAST ALONG SAID
SOUTHERLY RIGHT -OF -WAY LINE A DISTANCE OF 214.60 FEET TO THE INTERSECTION OF THE WEST
LINE OF A 50 FOOT RIGHT -OF -WAY; THENCE SOUTH 00 DEGREES 03'05" WEST ALONG SAID WEST
LINE A DISTANCE OF 342.81 FEET TO A POINT; THENCE NORTH 89 DEGREES 44'47" WEST, A
DISTANCE OF 214.60 FEET TO A POINT ON THE EAST LINE OF HILLS OF LAKE MARY PHASE TWO,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 36, PAGE(S) 32 THROUGH 33, OF
THE PUBLIC RECORDS OF SEMINOLE COUNTY FLORIDA; THENCE NORTH 00 DEGREES 03'05" EAST
ALONG SAID EAST LINE A DISTANCE OF 342.81 FEET TO THE POINT OF BEGINNING.
PARCEL 2:
ALL THAT TRACT OR PARCEL OF LAND LYING IN THE NORTHWEST 1/4 OF SECTION 4, TOWNSHIP 20
SOUTH, RANGE 30 EAST, CITY OF LAKE MARY, SEMINOLE COUNTY, FLORIDA AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SECTION 4, TOWNSHIP 20 SOUTH, RANGE 30 EAST;
THENCE SOUTH 89 DEGREES 44'47" EAST ALONG THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID
SECTION 4, A DISTANCE OF 330.00 FEET TO A POINT; THENCE SOUTH 00 DEGREES 03'05" WEST, A
DISTANCE OF 61.00 FEET TO THE SOUTHERLY RIGHT -OF -WAY LINE OF PAOLA ROAD (STATE ROAD 46-
A); THENCE SOUTH 89 DEGREES 44'47" EAST ALONG SAID SOUTHERLY RIGHT -OF -WAY LINE A
DISTANCE OF 278.91 FEET; THENCE SOUTH 89 DEGREES 01'49" EAST ALONG SAID RIGHT -OF -WAY
LINE A DISTANCE OF 5.68 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 01'49"
EAST, A DISTANCE OF 714.09 FEET TO A POINT; THENCE SOUTH 89 DEGREES 44'47" EAST, A
DISTANCE OF 339.91 FEET TO A POINT; THE LAST TWO COURSES BEING COINCIDENT WITH SAID
SOUTHERLY RIGHT -OF -WAY LINE, THENCE SOUTH 00 DEGREES 08'36" EAST, A DISTANCE OF 333.82
FEET TO A POINT; THENCE NORTH 89 DEGREES 44'47" WEST, A DISTANCE OF 1075.04 FEET TO THE
EAST LINE OF A 50 FOOT ROAD RIGHT -OF -WAY; THENCE NORTH 00 DEGREES 03'05" EAST ALONG
SAID EAST LINE DISTANCE OF 322.74 FEET; THENCE NORTH 45 DEGREES 08'09" EAST, A DISTANCE
OF 28.23 FEET TO THE POINT OF BEGINNING.
F:\BLI\WaRO8_BLI_PSP_FINAL_UUUI .Owg,10 /9/2011 1:29:08 GM
Jim Bagley
From: carymaleverjmc @embargmail.com
Sent: Tuesday, March 27, 2012 10:05 PM
To: Jim Bagley
Subject: Enclave of Tuscany
This is cost estimate for the reclaim water main material only
1. 4in HDPE 110 LF / casing spacers $ 4850.00
Cary J. Malever, President
J. Malever Construction
301 Sampey Rd.
Groveland, FL 34736
cell: 352- 267 -2754
office: 352- 429 -9507
fax: 352- 429 -8705
carymaleverjmcL&embargmail.com