2235 Agreement w/MI Homes for Stormwater UseCITY OF
SNFORD
FLORIDA
PUBUC W0RKS & vra.ITIES
D'w m SMITTAL imp
MORANDUM
T: City Clerk
R: Request for Services
The item(s) noted below is/are attached and forwarded to your office for the following action(s):
❑ Ordinance
❑ Resolution
® Agreement relating to Stormwater Use
❑
Mayor's signature
❑
Recording
❑
Rendering
®
Safe keeping (Vault)
El
Once completed, please:
❑ Return original
❑ Return copy
® Notify us it has been received for safe keeping
Special Instructions: Please store the attached agreement for safe keeping.
Please advise if you have any questions regarding the above.
Thank you!
Bill Marcous & E.Jones 7/20/2020
From Date
em �.A
/ 3 �
This Instrument Prepared By:
Lonnie wGroot, Esquire
Steneunm. McIntosh. Colbert, &Whigham.P/�
nonInternational Parkway
Suite 100
Lake Mary. Florida 3274O
Tax Parcel idenUficationNumbers: 19'19'30-5AB'0300-0030.
18'19'30'5A8 -0300'003A. 10'18-30-5AB~0300-0040.
1O'1V'3O-5AB'0J0O-0O5O.and 10-19'3O-5AB'U3OO'OU5B.
AGREEMENT RELATING TO STORM WATER USE
THIS AGREEMENT RELATING TO STORM WATER USE ("Agreement") is
entered into this __ day ofJune, 2O208he~EfhaoUveOa[e^\byand be kj/|HC)'E8
[}F ORLANDO, LLC, a Florida limited liability company ("M/1") whose address is 400
/nt8rOaUOn@/ Parkway, Suite 470, Lake Mary, Florida 3274 (—_' OiDdorbyUleVVH|TE
K4
CEDAR COK4UN[7YASSOCIATION, |NC].and the C[�'{JFFORD.aFlorida
municipal corporation (herein referred toaothe "Ch»" `vvhooe8ddReeoie 300 North Park
Avenue, Sanford, Florida 32771.
REC|l)\U5:
(A). M/I boournantlyOg8community within the ChvknOVVnaSTr8d�ons
White more particularly
deaohbedinExhibit
A(t"Property").
(B). Article ){| of the Code of Ordinances for the Cit- � of Sanford, Florida(the
"City generally requires that developers of new facilities extend reclaimed ' water
een/iom mains as necessary to provide for reclaimed water use within the applicable
development at least Up to the level of new wastewater flow to be generated by such
development.
/C\. /n accordance with the St. John's River VVoUar Management District
(''SJRVVKxO^) treatment crheriu, yW/| wishes to install a storm water irrigation system as
the primary irrigation system (the "Storm Water Irrigation System") within White Cedar
vvithanac/airnedxvatorayehernaeobackupoyaternthetvvi!|oonnoot ' the Citv'sR*c|ainned
vvoharaysbamn(the ^Reo/ainledVVatarBackup 8yatenn''\. '
(0). The City wishes to cOOseOt, under the terms of this Ag[aenleOt, to kA/|'s
deviation from the City Code in the installation 0fthe Storm Water |Dig8doO System.
NOW, THEREFORE, in consideration of the covenants and agreements set forth
herein, and other good and valuable consideration, the parties agree as follows:
SECTION 1. PRIORITY. This Agreement shall have priority over any and all
//w/tHuges relating to the Property and the burdens herein shall run with and follow the
SECTION 2. AUTHORIZATION TO USE STORM WATER (CONDITIONS). The
City hereby consents to M/1's use of storm water within White Cedar for irrigation purposes
subject to the following conditions:
(a). M/I shall install the Reclaimed Water Backup System, which shall (i)
connect to the City's reclaimed water system, (ii) be a fully functional reclaimed water
distribution system of sufficient capacity to service the entire White Cedar development,
(iii) include purple reclaimed water meter boxes at each residential unit and/or service
location, and (iv) include a lockable curb stop allowing for future installation of individual
meters.
(b). M/I shall install a master reclaim water meter (the "Master Reclaim Water
Meter") located at the point of connection between the Reclaimed Water Backup System
and the City's Reclaimed Water system and be connected per DEP requirements, back
flow device or air gap. The system will measure the available storm water and in the event
there is insufficient storm water available to the Storm Water Irrigation System, reclaimed
water shall be accessed by means of he Reclaimed Water Backup System and usage
shall be measured by the Master Reclaim Water Meter.
(c). The White Cedar Community Association, Inc. (the "HOA") shall pay a
reclaimed water rate of $15 per month per residential unit (48 Units @ $15/month =
$720/month) based upon expected usage of 270 gallons per day per residential unit
(12,960 gallons per day X 3 days per week X 4 weeks per month = 155,520
gallons/month). In the event of usage in excess of 155,520 gallons per month, the excess
shall be charged at then current reclaimed water rates promulgated by the City.
(d). If the HOA elects to permanently convert to the Reclaim Water System
within White Cedar, then (i) an individual reclaimed water meter shall be installed at each
single-family residential unit within White Cedar by the owner of such residential unit and
(ii) the Master Reclaim Water Meter shall be eliminated at the HOA's cost. All Residential
Units and Park/Common Areas shall have individual meters and all to be converted
together at the same time.
(e). Irrigation of White Cedar shall otherwise comply with the City Code,
SECTION (3). General Provisions. The parties further agree as to the
following general provisions:
Ca). Applicable Law. This Agreement shall be governed, enforced and construed
in accordance with the laws of the State of Florida including, but not limited to, the laws
relating to the enforcement of local codes and ordinances. Additionally, relating to the
public records laws of the State:
110FIA11116WIN 0
RELATING
TO
THIS
CONTRACT,
CONTACT THE
CUSTODIAN
OF
PUBLIC
RECORDS AT (407) 688-5012,
TRACI HOUCHIN,
MMC,
FCRM, CITY
CLERK, CITY OF
SANFORD,
CITY
HALL,
300 NORTH
PARK AVENUE,
SANFORD,
FLORIDA
32771,
(b). LeQal Proceedings. |nthe event that either party hereto hires an' to
enforce any hemD of this Agreement, the party prevailing in said dispute, enforcement
action or legal proceeding shall be entitled to recover reasonable attonmeys', paralegals'
and other professionals' fees (including those incurred onany re -hearing orappeal) and
cost incurred incidental thereto from the party not prevailing insaid legal proceedings.
Notices.(c). Entire Agreement, Modification or Termination. This Agreement constitutes
the entire agreement of the parties with regard to the subject matter hereof. The terms
and provisions of this Agreement may be modified or terminated only by a written
instrument signed by the parties hereto. This Agreement may be signed in counterparts
each of which shall be taken together to constitute but one document.
Any notices which may be permitted or required hereunder shall
beinwriting b}the addresses above and shall bedeemed b}have been duly given a30f
the date and time the same are actually received, whether same are personally delivered,
transmitted electronically /i.e.email with verification receipt cGpabi|ib/\orsent byUnited
Bbshaa Postal Service, postage prepaid by registered or certified mail, return receipt
requested, orsent by Federal Express or other overnight delivery sen/ice from which 8
receipt may beobtained evidencing the date and time delivery was made. Any padxmay
change, byvvh�ennotice osprovided herein, the address Drperson for receipt ofnotices.
Counterparts. This Agreement may beexecuted inemmany counterparts
as may be required and it mhe/| not be necessary that the signature of, or on behalf of,
each pgrtV, orthat the signatures 0f@|/ persons required to bind any party, appear o /
each counterpart; itshall bgsufficient that the signature of, oronbehalf of/aohpaMx.or
that the signatures of the persons required to bind any party, appear on one or more
— Of
such counterparts. All counterparts shall collectively constitute osingle agreement.
SECTION 4. Construction or Interpretation of the Agreement. This
Agreement is the result of bona fide arm's length negotiation between the parties and all
parties have contributed substantially and materially to the preparation of the Agreement.
Accordingly, this Agreement shall not be construed or interpreted more strictly against
any party than against any other party both parties having participated in the drafting of
this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement effective as
Angela
U
AngelaG,lati / ,,,
Director/eecretar)/Treasurer
A TTES T.-
W-Ew
Traci Houchm, N1NiC, FM
City Clerk
Approved as to form and
M/I HOMES OF ORLANDO, LLC
14-1
By: �` ", ,,
Vice President
WHITCEDAR COMMUNITY
AS I TIO INC.
By. Diana Cabrera
Director/President
CITY OF SANFORD
By:
ArthLkW&odnJY,— la or'
Date:
Legal Description of Traditions at White Cedar
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