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916 Sewer Force Main Improvemen UTILITY DEPARTMENT MEMORANDUM DATE: February 12, 2002 TO: Jan Doughtery, City Clerk FROM: Paul Moore, Utility Director .]Of7 RE: Sewer Force-Main Improvement Agreement Jan- Please find original executed agreements from the City, Sid Vihlen, Lumber Team, Centex and the Central Florida Zoo. This agreement deals with the installation of a sewer force-main on North White Cedar Road. You now have the only original signed agreements. Please file for safe keeping. Thank You. PM/ap attachments SEWER FORCE-MAIN IMPROVEMENT AGREEMENT This Agreement ("Agreement") is made and entered into this ~ a,.~ day of 2002, by and among CITY OF SANFORD, a municipality in the State of Florida ("City") with an address of P .O. Box 1788, Sanford, FL 32772-1788, Lumber Team Land Trust, a Florida land trust, with an address of 3300 Fairfield Avenue South, St. Petersburg, Florida 33712, Centex Homes, with an address o f , Central Florida Zoological Park, with an address of P.O. Box 470309, Lake Monroe. FL 327470309, Sid Vihlen, Jr. with an address of 204 N. Park Avenue. Sanford, Florida 32771. WHEREAS, Lumber Team Land Trust ("Lumber Team") is the owner of certain real property located in the City of Sanford Utility Service Area, Seminole County, Florida more particularly described on EXHIBIT "A" attached hereto ("Lumber Team Land Trust Property"); WHEREAS, Centex Homes CCentex'') is the owner of certain real property located in the City of Sanford Utility Service Area, Seminole County, Florida, more particularly described on EXHIBIT "B" attached hereto (Centex Property); WHEREAS; Central Florida Zoological Park C Central Florida Zoo ") has interests in certain real property located in the City of Sanford Utility Service area, Seminole County, Florida more particularly described on EXHIBIT "C" attached hereto ("Zoo Property"); WHEREAS; Sid Vihlen, Jr. CVihlen") is the owner of certain real property located in the City of Sanford Utility Service Area Seminole County, Florida, more particularly described on EXHIBIT "D" attached hereto CVihlen Property"); WHEREAS; Lumber Team, Centex, Central Florida Zoo and Vihlen desire to design, construct and install a certain sewer force-main improvement in the right-of-way of North White Cedar Road servicing their respective parcels for the purpose of providing City sanitary sewer services to such parcels and the improvements now or hereafter existing thereon; and WHEREAS; the City is in favor of, and will contribute to the cost of such sewer force main improvements, subject to the terms and conditions contained in this Agreement; NOW, THEREFORE, in consideration of the premises continued herein, the parties hereby agree as follows: 1. DESIGN OF SEWER FORCE-MAIN IMPROVEMENTS. Lumber Team, Centex, Central Florida Zoo, Vihlen, and the City agree that Donald W. Mclntosh and Associates Inc. ("Engineer") will design a sewer force-main on North White Cedar Road from Church Street to the connection at the gravity sewer line on Narcissus Avenue. The location of this sewer force-main is depicted on Exhibit "E" . This force-main shall be adequately sized to carry the flows projected from the various parcels. SEWER FORCE-MAIN IMPROVEMENT AGREEMENT Page 2 The Engineer will be responsible for design, permitting, development of plans and specifications, and limited construction and inspection services. The design shall meet City requirements as outlined in the City's Utility Manual. The draft engineering plans shall be presented to all parties for review. Each party shall have two (2) weeks from receipt of said plans to review and comment. After coordination of all comments, the Engineer shall prepare final plans for submission to FDEP for a permit. Bids shall be solicited from at least three (3) contractors licensed to do this type of work in Seminole County. The City will be responsible for inspection of the project and shall act as the Construction Administrator for this contract. After receipt of all bids by the Engineer, each party shall be allowed to review and comment. Each party shall have seven (7) days to review and comment. All parties need to approve the contract to the lowest responsible contractor (the "Contractor"). All parties shall be allowed to review and reasonably approve the Contract with the Contractor prior to execution. The Engineer shall issue a Notice to Proceed to the Contractor. 2. COSTS OF DESIGN, CONSTRUCTION AND CONTRACT ADMINISTRATION The attached EXHIBIT "F" is the Engineers estimate of all costs associated with design, permitting, construction, inspection and construction administration. The cost of construction shall include all appropriate bonds (100% performance bond), insurance, and a two (2) year maintenance bond equal to 10% of the construction cost. The City will be responsible for paying the Centrat Florida Zoo's share ofthis project. The parties acknowledge that the range of costs for each party should be between $25,000.00 and $35,000.00. The parties agree that Lumber Team and Vihlen shall each be limited to a maximum of a $35,000.00 contribution for the construction costs o fthe project, and the City and Centex shall be equally responsible for any overage in the event the four parties contribute $35,000.00 each. The parties agree that Lumber Team and Vihlen shall deposit $25,000 each to the Escrow Agent upon notification that construction costs of the project are due, and shall pay up to an additional $10,000.00 each to Escrow Agent if needed. Upon approval of this Agreement, each party, within 15 (fifteen) business days after execution, shall deposit their share of the project cost into an escrow account. The Page 2 of 7 SEWER FORCE-MAIN IMPROVEMENT AGREEMENT Page 3 escrow account shall be established by the City of Sanford City Finance Director, whom all parties to this Agreement agree shall be the escrow agent (the "Escrow Agent"). All funds in escrow shall be held in an interest-bearing account. Draws to the Contractor shall be paid out of the escrow account monthly following approval by the City with appropriate release of liens and other required document items. Any change order to the contract shall be reviewed by the Engineer with a recommendation to the various parties. Upon written approval of the change order by the parties, each party shall deposit into the escrow account it__s proportionate share, or if the change order results in a net "decrease" in the costs, the parties shall receive a return of the appropriate amount of the money held in Escrow. To the extent the full amount of the Escrow is not expended, the balance of the Escrow shall be divided equally among the parties within thirty (30) days of acceptance of the system by the City. 3. ACCEPTANCE BY THE CITY Upon completion of the project, the Contractor shall furnish As-Built Drawings with line locations and elevations certified by a licensed surveyor. The Engineer shall submit one (1) reproducible set along with three (3) copies to the City, and one (1) copy to all parties at no cost. The Contractor shall submit to the City a final release of lien, consent of surety, bill of sale, and a maintenance bond at the completion of the project. The Engineer shall obtain clearance from FDEP to place this line in service. After satisfactory submittal of these items, the City shall accept dedication of the sewer force-main and assume ownership and maintenance of same. 4. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon and shall insure to the benefit of the successors and assigns of the parties hereto and shall run with the property described herein and be binding upon any person, finn, corporation or other entity who may become the successor in interest, directly or indirectly, to all or any portion of the property. Page 3 of 7 SEWER FORCE-MAIN IMPROVEMENT AGREEMENT Page 4 5. NOTICE All notices and other communications required or permitted to be given hereunder shall be in writing and shall be mailed by registered or certified mail. postage prepaid, return receipt requested, addressed as first set forth herein above. Any party may change its address for notices by written notice in like manner as provided in this paragraph and such change of address shall be effective seven (7) days after the date notice of such change of address is given. Notice for purposes of this Agreement shall be deemed given when it shall have been deposited in the mail by the party who is giving such notice with sufficient postage prepaid, Unless changed by a party, the notice address shall be those listed on page 1 of this Agreement. 6. COUNTERPARTS This Agreement may be signed in counterparts, each of which may be deemed an original, and all of which together constitute one and the same agreement. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the manner and form sufficient to bind them as of the day and year first written above. LUMBER TEAM LAND TRUST, a Florida Land Trust By: Juan Quesada Its: Representative o f Trust Date: Page 4 of 7 SEWER FORCE-MAIN IMPROVEMENT AGREEMENT Page 5 CENTEX HOMES By: Its: Date: CENTRAL FLORIDA ZOOLOGICAL PARK By: Its: Date: SID VIHLEN, JR. By: Its: Date: STATE OF FLORIDA COUNTY OF SEMINOLE a m~icipality in the State of Florida, on behalf thereof. He is personally ~own to me, or has produced -- ~/a - " as identification, ~d di~did not t~e ~ oa~. ~lic, State off ofi~ Print N~e: Page 5 of 7 SEWER FORCE-MAIN IMPROVEMENT AGREEMENT Page 6 STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this day of ,2002 by , as of the LUMBER TEAM LAND TRUST, a Florida land trust. He is personally known to me, or has produced as identification, and did/did not take an oath. Notary Public, State of Florida Print Name: Commission No. My Commission Expires: STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrmment was acknowledged before me this day of ,2002 by , as of the CENTEX HOMES, a Nevada corporation. He is personally known to me, or has produced as identification, and did/did not take an oath. Notary Public, State of Florida Print Name: Commission No. My Commission Expires: Page 6 of 7 SEWER FORCE-MAIN IMPROVEMENT AGREEMENT Page 7 STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this day of ,2002 by , as of the CENTRAL FLORIDA ZOOLOGICAL PARK, on behalf thereof. He is personally known to me, or has produced as identification, and did/did not take an oath. Notary Public, State of Florida Print Name: Commission No. My Commission Expires: STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this day of ,2002 by Sid Vihlen, who is personally known to me, or has produced as identification, and did/did not take an oath. Notary Public, State of Florida Print Name: Commission No. My Commission Expires: ORLDOCS 1008904&2 BJF Page 7 of 7 SEWER FORCE-MAIN IMPROVEMENT AGREEMENT This Agreement ("Agreement") is made and entered into this 12 ,,t~ day of [~,~,0~' , 2002, by and among CITY OF SANFORD, a municipality in the State of Florida ("City") with an address of P.O. Box 1788, Sanford, FL 32772-1788, Lumber Team Land Trust, a Florida land trust, with an address of 3300 Fairfield Avenue South, St. Petersburg, Florida 33712, Centex Homes, with an address of , Central Florida Zoological Park, with an address of P.O. Box 470309, Lake Monroe. FL 327470309, Sid Vihlen, Jr. with an address of 204 N. Park Avenue. Sanford, Florida 3277 I. WHEREAS, Lumber Team Land Trust ("Lumber Team") is the owner of certain real property located in the City of Sanford Utility Service Area, Seminole County, Florida more particularly described on EXHIBIT "A" attached hereto ("Lumber Team Land Trust Property"); WHEREAS, Centex Homes CCentex") is the owner of certain real property located in the City of Sanford Utility Service Area, Seminole County, Florida, more particularly described on EXHiBIT "B" attached hereto (Centex Property); WHEREAS; Central Florida Zoological Park C Central Florida Zoo") has interests in certain real property located in the City of Sanford Utility Service area, Seminole County, Florida more particularly described on EXHIBIT "C" attached hereto ("Zoo Property"); WHEREAS; Sid Vihlen, Jr. CVihlen'') is the owner of certain real property located in the City of Sanford Utility Service Area Seminole County, Florida, more particularly described on EXHIBIT "D" attached hereto CVihlen Property"); WHEREAS; Lumber Team, Centex, Central Florida Zoo and Vihlen desire to design, construct and install a certain sewer force-main improvement in the right-of-way of North White : ~.i Cedar Road servicing their respective parcels for the purpose of providing City sanitary sewer services to such parcels and the improvements now or hereafter existing thereon; and WHEREAS; the City is in favor of, and will contribute to the cost of such sewer force-main improvements, subject to the terms and conditions contained in this Agreement; NOW, THEREFORE, in consideration of the premises continued herein, the parties hereby agree as follows: ~:~ ' 1. DESIGN OF SEWER FORCE-MAIN IMPROVEMENTS. Lumber Team, Centex, Central Florida Zoo, Vihlen, and the City agree that Donald W. Mclntosh and Associates Inc. ("Engineer") will design a sewer force-main on North White Cedar Road from Church Street to the connection at the gravity sewer line on Narcissus Avenue. The location of this sewer force-main is depicted on Exhibit "E". This force-main shall be adequately sized to carry the flows projected from the various parcels. SEWER FORCE-MAIN IMPROVEMENT AGREEMENT Page 2 The Engineer will be responsible for design, permitting, development of plans and specifications, and limited construction and inspection services. The design shall meet City requirements as outlined in the City's Utility Manual. The draft engineering plans shall be presented to all parties for review. Each party shall have two (2) weeks from receipt of said plans to review and comment. After coordination of all comments, the Engineer shall prepare final plans for submission to FDEP for a permit. Bids shall be solicited from at least three (3) contractors licensed to do this type of work in Seminole County. The City will be responsible for inspection of the project and shall act as the Construction Administrator for this contract. After receipt of all bids by the Engineer, each party shall be allowed to review and comment. Each party shall have seven (7) days to review and comment. All parties need to approve the contract to the lowest responsible contractor (the "Contractor"). All parties shall be allowed to review and reasonably approve the Contract with the Contractor prior to execution. The Engineer shall issue a Notice to Proceed to the Contractor. 2. COSTS OF DESIGN, CONSTRUCTION AND CONTRACT ADMINISTRATION The attached EXHIBIT "F" is the Engineers estimate of all costs associated with design, permitting, construction, inspection and construction administration. The cost of construction shall include all appropriate bonds (100% performance bond), insurance, and a two (2) year maintenance bond equal to 10% of the construction cost. The City will be responsible for paying the Central Florida Zoo's share of this project. The parties acknowledge that the range of costs for each party should be between $25,000.00 and $35,000.00. The parties agree that Lumber Team and Vihlen shall each be limited to a maximum of a $35,000.00 contribution for the construction co sts of the project, and the City and Centex shall be equally responsible for any overage in the event the four parties contribute $35,000.00 each. The parties agree that Lumber Team and Vihlen shall deposit $25,000 each to the Escrow Agent upon notification that construction costs of the project are due, and shall pay up to an additional $10,000.00 each to Escrow Agent if needed. Upon approval of this Agreement, each party, within 15 (fifteen) business days after execution, shall deposit their share of the project cost into an escrow account. The Page 2 of 7 SEWER FORCE-MAiN IMPROVEMENT AGREEMENT Page 3 escrow account shall be established by the City of Sanford City Finance Director, whom all parties to this Agreement agree shall be the escrow agent (the "Escrow Agent"). All funds in escrow shall be held in an interest-bearing account. Draws to the Contractor shall be paid out of the escrow account monthly following approval by the City with appropriate release of liens and other required document items. Any change order to the contract shall be reviewed by the Engineer with a recommendation to the various parties. Upon written approval of the change order by the parties, each party shall deposit into the escrow account it__s proportionate share, or if the change order results in a net "decrease" in the costs, the parties shall receive a return of the appropriate amount of the money held in Escrow. To the extent the full amount of the Escrow is not expended, the balance of the Escrow shall be divided equally among the parties within thirty (30) days of acceptance of the system by the City. 3. ACCEPTANCE BY THE CITY Upon completion o fthe project, the Contractor shall famish As-Built Drawings with line locations and elevations certified by a licensed surveyor. The Engineer shall submit one (1) reproducible set along with three (3) copies to the City, and one (1) copy to all parties at no cost. The Contractor shall submit to the City a final release of lien, consent of surety, bill o f sale, and a maintenance bond at the completion of the project. The Engineer shall obtain clearance from FDEP to place this line in service. After satisfactory submittal of these items, the City shall accept dedication of the sewer force-main and assume ownership and maintenance of same. 4. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon and shall insure to the benefit of the successors and assigns of the parties hereto and shall run with the property described herein and be binding upon any person, firm, corporation or other entity who may become the successor in interest, directly or indirectly, to all or any portion of the property. Page 3 of 7 SEWER FORCE-MAIN IMPROVEMENT AGREEMENT Page 4 5. NOTICE All notices and other communications required or permitted to be given hereunder shall be in writing and shall be mailed by registered or certified mail. postage prepaid, return receipt requested, addressed as first set forth herein above. Any party may change its address for notices by written notice in like manner as provided in this paragraph and such change of address shall be effective seven (7) days after the date notice of such change of address is given. Notice for purposes of this Agreement shall be d~eemed given when it shall have been deposited in the mail by the party who is giving such notice with sufficient postage prepaid. Unless changed by a party, the notice address shall be those listed on page 1 of this Agreement. 6. COLrNTERPARTS This Agreement may be signed in counterparts, each of which may be deemed an original, and all of which together constitute one and the same agreement. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in the manner and form sufficient to bind them as of the day and year first written above. WITNESS: CITY OF SANFORD By: Its: Date: LUMBER TEAM LAND TRUST, a Florida Land Trust By: Juan Quesada Its: Representative of Trust Date: Page 4 of 7 SEWER FORCE-MAIN IMPROVEMENT AGREEMENT Page 5 CENTEX HOMES By: Its: Date: CENTRAL FLORIDA ZOOLOGICAL PARK By: Its: Date: ..Cx~! t~_~.. ~ STATE OF FLORA CO~TY OF SEM~OLE The foregoing instrument w~ ac~owledged beBre me t~s day of ,2002 by , as of the CITY OF S~O~, a m~icipaliW in the State of Florida, on beh~f thereof. He is personally ~own to me, or has produced as identification, ~d di~did not t~e ~ oath. Not~ Public, State of Florida Print Nine: Co~ission No. My Comission Expires: Page 5 of 7 SEWER FORCE-MAIN IMPROVEMENT AGREEMENT Page 6 STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing insgent was acknowledged before me this day of ,2002 by , as of the LUMBER TEAM LAND TRUST, a Florida land trust. He is personally known to me, or has produced as identification, and did/did not take an oath. Notary Public, State of Florida Print Name: Commission No. My Commission Expires: STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this day of ,2002 by , as of the CENTEX HOMES, a Nevada corporation. He is personally known to me, or has produced as identification, and did/did not take an oath. Notary Public, State of Florida Print Name: Commission No. My Commission Expires: Page 6 of 7 SEWER. FORCE-MAIN IMPROVEMENT AGREEMENT Page 7 STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this day of ,2002 by , as of the CENTRAL FLORIDA ZOOLOGICAL PARK, on behalf thereof. He is personally known to me, or has produced as identification, and did/did not take an oath. Notary Public, State of Florida Print Name: Commission No. My Commission Expires: STATE OF FLORIDA COUNTY OF SEMINOLE by Sid Vihlen, who is personally known to me, or has produced~4.t~a~t~- I, tqSZ~:7~-4.t/~L~'l/~ as identification, and did/did not take an oath. ~ ~c~b~,l,i.~, teo F orida IM ~, ~mission Exp'res: ~'/~ ORLDOCS 10089048.2 BJF Page 7 of 7 SEWER FORCE-MAIN IMPROVEMENT AGREEMENT This Agreement ("Agreement") is made and entered into this 2 ,v ,~ day of 2002, by and among CITY OF SANFORD, a municipality in the State of Florida ("City") with an address of P.O. Box 1788, Sanford, FL 32772-1788, Lumber Team Land Trust, a Florida land trust, with an address of 3300 Fairfield Avenue South, St. Petersburg, Florida 33712, Centex Homes, with an address of , Central Florida Zoological Park, with an address of P.O. Box 470309, Lake Monroe. FL 327470309, Sid Vihlen, Jr. with an address of 204 N. Park Avenue. Sanford, Florida 32771. WHEREAS, Lumber Team Land Trust ("Lumber Team") is the owner of certain real property located in the City of Sanford Utility Service Area, Seminole County, Florida more particularly described on EXHIBIT "A" attached hereto ("Lumber Team Land Trust Property"); WHEREAS, Centex Homes ("Centex") is the owner of certain real property located in the City of Sanford Utility Service Area, Seminole County, Florida, more particularly described on EXHIBIT "B" attached hereto (Centex Property); WHEREAS; Central Florida Zoological Park C Central Florida Zoo ") has interests in certain real property located in the City of Sanford Utility Service area, Seminole County, Florida more particularly described on EXHIBIT "C" attached hereto ("Zoo Property"); WHEREAS; Sid Vihlen, Jr. CVihlen") is the owner of certain real property located in the City of Sanford Utility Service Area Seminole County, Florida, more particularly described on EXHIBIT "D" attached hereto CVihlen Property"); WHEREAS; Lumber Team, Centex, Central Florida Zoo and Vihlen desire to design, construct and install a certain sewer force-main improvement in the right-of-way of North White Cedar Road servicing their respective parcels for the purpose of providing City sanitary sewer services to such parcels and the improvements now or hereafter existing thereon; and WHEREAS; the City is in favor of, and will contribute to the cost of such sewer force-main improvements, subject to the terms and conditions contained in this Agreement; NOW, THEREFORE, in consideration of the premises continued herein, the parties hereby agree as follows: 1. DESIGN OF SEWER FORCE-MAIN IMPROVEMENTS. Lumber Team, Centex, Central Florida Zoo, Vihlen, and the City agree that Donald W. Mclntosh and Associates Inc. ("Engineer") will design a sewer force-main on North White Cedar Road fore Church Street to the connection at the gravity sewer line on Narcissus Avenue. The location of this sewer force-main is depicted on Exhibit "E" . This force-main shall be adequately sized to can'y the flows projected from the various parcels. SEWER FORCE-MAIN IMPROVEMENT AGREEMENT Page 2 The Engineer will be responsible for design, permitting, development of plans and specifications, and limited construction and inspection services. The design shall meet City requirements as outlined in the City's Utility Manual. The draft engineering plans shall be presented to all parties for review. Each party shall have two (2) weeks from receipt of said plans to review and comment. After coordination of all comments, the Engineer shall prepare final plans for submission to FDEP for a permit. Bids shall be solicited from at least three (3) contractors licensed to do this type of work in Seminole County. The City will be responsible for inspection of the project and shall act as the Construction Administrator for this contract. After receipt of all bids by the Engineer, each party shall be allowed to review and comment. Each party shall have seven (7) days to review and comment. All parties need to approve the contract to the lowest responsible contractor (the "Contractor"). All parties shall be allowed to review and reasonably approve the Contract with the Contractor prior to execution. The Engineer shall issue a Notice to Proceed to the Contractor. 2. COSTS OF DESIGN, CONSTRUCTION AND CONTRACT ADMINISTRATION The attached EXHIBIT "F" is the Engineers estimate of all costs associated with design, permitting, construction, inspection and construction administration. The cost of construction shall include all appropriate bonds (100% performance bond), insurance, and a two (2) year maintenance bond equal to 10% of the construction cost. The City will be responsible for paying the Central Florida Zoo's share ofthis project. The parties acknowledge that the range of costs for each party should be between $25,000.00 and $35,000.00. The parties agree that Lumber Team and Vihlen shall each be limited to a maximum of a $35,000.00 contribution for the construction costs o fthe project, and the City and Centex shall be equally responsible for any overage in the event the four parties contribute $35,000.00 each. The parties agree that Lumber Team and Vihlen shall deposit $25,000 each to the Escrow Agent upon notification that construction costs of the project are due, and shall pay up to an additional $ I 0,000.00 each to Escrow Agent if needed. Upon approval of this Agreement, each party, within 15 (fifteen) business days after execution, shall deposit their share of the project cost into an escrow account. The Page 2 of 7 SEWER FORCE-MAIN IMPROVEMENT AGREEMENT Page 3 escrow account shall be established by the City of Sanford City Finance Director, whom all parties to this Agreement agree shall be the escrow agent (the "Escrow Agent"). All funds in escrow shall be held in an interest-bearing account. Draws to the Contractor shall be paid out of the escrow account monthly following approval by the City with appropriate release of liens and other required document items. Any change order to the contract shall be reviewed by the Engineer with a recommendation to the various parties. Upon written approval of the change order by the parties, each party shall deposit into the escrow account it_as proportionate share, or if the change order results in a net "decrease" in the costs, the parties shall receive a return of the appropriate amount of the money held in Escrow. To the extent the full amount of the Escrow is not expended, the balance of the Escrow shall be divided equally among the parties within thirty (30) days of acceptance of the system by the City. 3. ACCEPTANCE BY THE CITY Upon completion of the project, the Contractor shall furnish As-Built Drawings with line locations and elevations certified by a licensed surveyor. The Engineer shall submit one (1) reproducible set along with three (3) copies to the City, and one (1) copy to all parties at no cost. The Contractor shall submit to the City a final release of lien, consent of surety, bill of sale, and a maintenance bond at the completion of the project. The Engineer shall obtain clearance from FDEP to place this line in service. After satisfactory submittal of these items, the City shall accept dedication of the sewer force-main and assume ownership and maintenance of same. 4. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon and shall insure to the benefit of the successors and assigns of the parties hereto and shall run with the property described herein and be binding upon any person, tirm, corporation or other entity who may become the successor in interest, directly or indirectly, to all or any portion of the property. Page 3 of 7 SEWER FORCE-MAiN IMPROVEMENT AGREEMENT Page 4 5. NOTICE All notices and other communications required or permitted to be given hereunder shall be in writing and shall be mailed by registered or certified mail. postage prepaid, return receipt requested, addressed as first set forth herein above. Any party may Change its address for notices by written notice in like manner as provided in this paragraph and such change of address shall be effective seven (7) days after the date notice of such change of address is given. Notice for purposes of this Agreement shall be deemed given when it shall have been deposited in the mail by the party who is giving such notice with sufficient postage prepaid. Unless changed by a party, the notice address shall be those listed on page 1 of this Agreement. 6. COUNTERPARTS This Agreement may be signed in counterparts, each of which may be deemed an original, and all of which together constitute one and the same agreement. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in the manner and form sufficient to bind them as of the day and year first written above. WITNESS: CITY OF SANFORD By: Its: Date: LUMBER TEAM LAND TRUST, a Florida L,and Trust By: Juan Quesada Its: Representative of Trust Page 4 of 7 SEWER FORCE-MAIN IMPROVEMENT AGREEMENT Page 5 CENTEX HOMES By: Its: Date: CENTRAL FLORIDA ZOOLOGICAL PARK By: Its: Date: SID VIHLEN, JR. By: Its: Date: STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this ~f~ day of~tq t, ca. r , 2002 by , as of the CITY OF S~SN~FORD, a municipality in the State of Florida, on behalf thereof. He is personally known to me, or has produced as identification, and did/did not take an oath. Notary Public, State of Florida Print Name: Commission No. My Commission Expires: Page 5 of 7 SEWER FORCE-MAIN IMPROVEMENT AGREEMENT Page 6 STATE OF FLORIDA COUNTY OF IgEMINOLE "Pt'M ~,Lt Pc 5 The foregoing instrument was acknowledged before me this~=2~ ~iday of,,j'7 n eta rr , 2002 by "~&r~ "~. Qcua~&d~.o~ , as ~~ ~f the L~BER ~E~ L~ TRUST, a Flo~da l~d ~st. He is personally ~own to me, or has produced as identification, ~d di~d not t~e ~ oath. ~oiary PubliC, State of FI0rt~ Not~ Public, State of Flo~da Jv~), caram. exp. June 20, ~05 Pdnt N~e: ~a ~ t ,'~ ~ ~&~ G0mn~. N0. DD 013599 Comission No. My Comission Expires: STATE OF FLO~DA CO~TY OF SEM~OLE The foregoing insment was ac~owledged before me ~is __ day o f ,2 002 by , as offfie CENTEX HOMES, a Nevada coloration. He is personally ~own to me, or has produced as identification, ~d di~did not t~e ~ oath. Notary Public, State of Florida Print Name: Commission No. My Commission Expires: Page 6 of 7 SEWER FORCE-MAIN IMPROVEMENT AGREEMENT Page 7 STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this __ day of ,2002 by , as of the CENTRAL FLORIDA ZOOLOGICAL PARK, on behalf thereof. He is personally known to me, or has produced as identification, and did/did not take an oath. Notary Public, State of Florida Print Name: Commission No. My Commission Expires: STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this __ day of ,2002 by Sid Vihlen, who is personally known to me, or has produced as identification, and did/did not take an oath. Notary Public, State of Florida Print Name: Commission No. My Commission Expires: ORLDOCS 10089048.2 SJF Page 7 of 7 SEWER FORCE-MAIN IMPROVEMENT AGREEMENT This Agreement ("Agreement") is made and entered into this 2 ~'~ day of/:~ ,~A ~", 2002, by and among CITY OF SANFORD, a municipality in the State of Florida ("City") with an address of P.O. Box 1788, Sanford, FL 32772-1788, Lumber Team Land Trust, a Florida land trust, with an address of 3300 Fairfield Avenue South, St. P ~,r burg, Florida 33712, Centex Homes, with anaddressof~,~/~,uOtl~.A¢~nv.,Lg, tzo~o.A~.o ,'~,'~(~E~a~FloridaZoologicalPark, with an address of P.O. Box 470309, Lake Monroe. FL 32~09, Sid Vihlen, Jr. with an address of 204 N. Park Avenue. Sanford, Florida 32771. WHEREAS, Lumber Team Land Trust ("Lumber Team") is the owner of certain real property located in the City of Sanford Utility Service Area, Seminole County, Florida more particularly described on EXHIBIT "A" attached hereto ("Lumber Team Land Trust Property"); WHEREAS, Centex Homes CCentex") is the owner of certain real property located in the City of Sanford Utility Service Area, Seminole County, Florida, more particularly described on EXHIBIT "B" attached hereto (Centex Property); WHEREAS; Central Florida Zoological Park ("Central Florida Zoo") has interests in certain real property located in the City of Sanford Utility Service area, Seminole County, Florida more particularly described on EXHIBIT "C" attached hereto ("Zoo Property"); WHEREAS; S id Vihlen, Jr. CVihlen") is the owner of certain real property located in the City of Sanford Utility Service Area Seminole County, Florida, more particularly described on EXHIBIT "D" attached hereto CVihlen Property"); WHEREAS; Lumber Team, Centex, Central Florida Zoo and Vihlen desire to design, construct and install a certain sewer force-main improvement in the right-of-way of North White Cedar Road servicing their respective parcels for the purpose of providing City sanitary sewer services to such parcels and the improvements now or hereafter existing thereon; and WHEREAS; the City is in favor of, and will contribute to the cost of such sewer force-main improvements, subject to the terms and conditions contained in this Agreement; NOW THEREFORE in consideration of the premises continued herein the parties hereby agree as follows: 1. DESIGN OF SEWER FORCE-MAiN IMPROVEMENTS. Lumber Team, Centex, Central Florida Zoo, Vihlen, and the City agree that Donald W. Mclntosh and Associates Inc. ("Engineer") will design a sewer force-main on North White Cedar Road from Church Street to the connection at the gravity sewer line on Narcissus Avenue. The location of this sewer force-main is depicted on Exhibit "E" . This force-main shall be adequately sized to carry the flows projected from the various parcels. SEWER FORCE-MAIN IMPROVEMENT AGREEMENT Page 2 The Engineer will be responsible for design, permitting, development of plans and specifications, and limited construction and inspection services. The design shall meet City requirements as outlined in the City's Utility Manual. The draft engineering plans shall be presented to all parties for review. Each party shall have two (2) weeks from receipt of said plans to review and comment. After coordination of all comments, the Engineer shall prepare final plans for submission to FDEP for a permit. Bids shall be solicited from at least three (3) contractors licensed to do this type of work in Seminole County. The City will be responsible for inspection of the project and shall act as the Construction Administrator for this contract. After receipt of all bids by the Engineer, each party shall be allowed to review and comment. Each party shall have seven (7) days to review and comment. All parties need to approve the contract to the lowest responsible contractor (the "Contractor"). All parties shall be allowed to review and reasonably approve the Contract with the Contractor prior to execution. The Engineer shall issue a Notice to Proceed to the Contractor. 2. COSTS OF DESIGN. CONSTRUCTION AND CONTRACT ADMINISTRATION The attached EXHIBIT "F" is the Engineers estimate of all costs associated with design, permitting, construction, inspection and construction administration. The cost of construction shall include all appropriate bonds (100% performance bond), insurance, and a two (2) year maintenance bond equal to 10% of the construction cost. The City will be responsible for paying the Central Florida Zoo's share of this project. The parties acknowledge that the range of costs for each party should be between $25,000.00 and $35,000.00. The parties agree that Lumber Team and Vihlen shall each be limited to a maximum of a $35,000.00 contribution for the construction costs of the project, and the City and Centex shall be equally responsible for any overage in the event the four parties contribute $35,000.00 each. The parties agree that Lumber Team and Vihlen shall deposit $25,000 each to the Escrow Agent upon notification that construction costs ofthe project are due, and shall pay up to an additional $10,000.00 each to Escrow Agent if needed. Upon approval of this Agreement, each party, within 15 (fifteen) business days after execution, shall deposit their share of the project cost into an escrow account. The Page 2 of 7 SEWER FORCE-MAIN IMPROVEMENT AGREEMENT Page 3 escrow account shall be established by the City of Sanford City Finance Director, whom all parties to this Agreement agree shall be the escrow agent (the "Escrow Agent"). All funds in escrow shall be held in an interest-bearing account. Draws to the Contractor shall be paid out of the escrow account monthly following approval by the City with appropriate release of liens and other required document items. Any change order to the contract shall be reviewed by the Engineer with a recommendation to the various parties. Upon written approval of the change order by the parties, each party shall deposit into the escrow account it__s proportionate share, or if the change order results in a net "decrease" in the costs, the parties shall receive a return of the appropriate amount of the money held in Escrow. To the extent the full amount of the Escrow is not expended, the balance of the Escrow shall be divided equally among the parties within thirty (30) days of acceptance of the system by the City. 3. ACCEPTANCE BY THE CITY Upon completion of the project, the Contractor shall furnish As-Built Drawings with line locations and elevations certified by a licensed surveyor. The Engineer shall submit one (1) reproducible set along with three (3) copies to the City, and one (1) copy to all parties at no cost. The Contractor shall submit to the City a final release of lien, consent of surety, bill of sale, and a maintenance bond at the completion of the project. The Engineer shall obtain clearance from FDEP to place this line in service. After satisfactory submittal of these items, the City shall accept dedication of the sewer force-main and assume ownership and maintenance of same. 4. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon and shall insure to the benefit of the successors and assigns of the parties hereto and shall nm with the property described herein and be binding upon any person, firm, corporation or other entity who may become the successor in interest, directly or indirectly, to all or any portion of the property. Page 3 of 7 SEWER FORCE-MAIN IMPROVEMENT AGREEMENT Page 4 5. NOTICE All notices and other communications required or permitted to be given hereunder shall be in writing and shall be mailed by registered or certified mail. postage prepaid, return receipt requested, addressed as first set forth herein above. Any party may change its address for notices by written notice in like manner as provided in this paragraph and such change of address shall be effective seven (7) days after the date notice of such change of address is given. Notice for purposes of this Agreement shall be deemed given when it shall have been deposited in the mall by the party who is giving such notice with sufficient postage prepaid. Unless changed by a party, the notice address shall be those listed on page 1 of this Agreement. 6. COUNTERPARTS This Agreement may be signed in counterparts, each of which may be deemed an original, and all of which together constitute one and the same agreement. 1N WITNESS WHEREOF, the parties hereto have caused these presents to be executed in the manner and form sufficient to bind them as of the day and year first written above. WITNESS: CITY OF SANFORD By: Its: Date: LUMBER TEAM LAND TRUST, a Florida Land Trust By: Juan Quesada Its: Representative of Trust Date: Page 4 of 7 SEWER FORCE-MAIN IMPROVEMENT AGREEMENT Page 5 CENTEX HOMES Its: Date: zoo o6 c By: : Its: Date: ~: SID VIHLEN, JR. By: --.~._ Its: Date: STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this __ day o f ,2002 by , as of the CITY OF SANFORD, a municipality in the State of Florida, on behalf thereof. He is personally known to me, or has produced as identification, and did/did not take an oath. Notary Public, State of Florida Print Name: Commission No. My Commission Expires: Page 5 of 7 SEWER FORCE-MAIN IMPROVEMENT AGREEMENT Page 6 STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this day of ,2002 by , as of the LUMBER TEAM LAND TRUST, a Florida land trust. He is personally known to me, or has produced as identification, and did/did not take an oath. Notmy Public, State of Florida Print Name: Commission No. My Commission Expires: STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this 3~s3r day of ~Yeu,u.r.~-], 2002 by ped,r;d<'~7 ~xnt 'k_~' , as hi~sC~ ~ce~-d~b of~e CENTEX HOMES, a Nevada coloration. He is personally ~own to me, or has produced as identification, ~d di~did not t~e iL~' ~.~.~0S~TS0~ Not~ Public, State of Florida ]~?~f',:~~ Print Nine: ~;z:,~S~ EXglRES: March 29, 2004 ~ ~o.~.,,,.~o~ CommissionNo. My Commission Expires: Page 6 of 7 SEWER FORCE-MAIN IMPROVEMENT AGREEMENT Page 7 STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instnkment was acknowledged before me this day of ,2002 by , as of the CENTRAL FLORIDA ZOOLOGICAL PARK, on behalf thereof. He is personally known to me, or has produced as identification, and did/did not take an oath. Notary Public, State of Florida Print Name: Commission No. My Commission Expires: STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this day of ,2002 by Sid Vihlen, who is personally known to me, or has produced as identification, and did/did not take an oath. Notary Public, State of Florida Print Name: Commission No. My Commission Expires: ORLDOCS 10089048.2 BJF Page 7 of 7 SEWER FORCE-MAIN IMPROVEMENT AGREEMENT This Agreement ("Agreement") is made and entered into this :~ ~"~ day of F~ t~ ~,~l~y', 2002, by and among CITY OF SANFORD, a municipality in the State of Florida ("City") with an address of P.O. Box 1788, Sanford, FL 32772-1788, Lumber Team Land Trust, a Florida land trust, with an address of 3300 Fairfield Avenue South, St. Petersburg, Florida 33712, Centex Homes, with an address Of , Central Florida Zoological Park, with an address of P.O. Box 470309, Lake Monroe. FL 327470309, Sid Vihlen, Jr. with an address of 204 N. Park Avenue. Sanford, Florida 32771. WHEREAS, Lumber Team Land Trust ("Lumber Team") is the owner of certain real property located in the City of Sanford UtiliB, Service Area, Seminole County, Florida more particularly described on EXHIBIT "A" attached hereto ("Lumber Team Land Trust Property"); WHEREAS, Centex Homes CCentex") is the owner of certain real property located in the City of Sanford Utility Service Area, Seminole County, Florida, more particularly described on EXHIBIT "B" attached hereto (Centex Property); WHEREAS; Central Florida Zoological Park ("Central Florida Zoo") has interests in certain real property located in the City of Sanford Utility Service area, Seminole County, Florida more particularly described on EXHIBIT "C" attached hereto ("Zoo Property"); WHEREAS; Sid Vihlen, Jr. CVihlen") is the owner of certain real property located in the City of Sanford Utility Service Area Seminole County, Florida, more particularly described on EXHIBIT "D" attached hereto CVihlen Property"); WHEREAS; Lumber Team, Centex, Central Florida Zoo and Vihlen desire to design, construct and install a certain sewer force-main improvement in the right-of-way of North White Cedar Road servicing their respective parcels for the purpose of providing City sanitary sewer services to such parcels and the improvements now or hereafter existing thereon; and WHEREAS; the City is in favor of~ and will contribute to the cost of such sewer force~main improvements, subject to the terms and conditions contained in this Agreement; NOW, THEREFORE, in consideration of the premises continued herein, the parties hereby agree as follows: 1. DESIGN OF SEWER FORCE-MAIN IMPROVEMENTS. Lumber Team, Centex, Central Florida Zoo, Vihlen, and the City agree that Donald W. Mclntosh and Associates Inc. ("Engineer") will design a sewer force-main on North White Cedar Road from Church Street to the connection at the gravity sewer line on Narcissus Avenue. The location of this sewer force-main is depicted on Exhibit "E". This force-main shall be adequately sized to carry the flows projected from the various parcels. SEWER FORCE-MAIN IMPROVEMENT AGREEMENT Page 2 The Engineer will be responsible for design, permitting, development of plans and specifications, and limited construction and inspection services. The design shall meet City requirements as outlined in the City's Utility Manual. The draft engineering plans shall be presented to all parties for review. Each party shall have two (2) weeks from receipt of said plans to review and comment. After coordination of all comments, the Engineer shall prepare final plans for submission to FDEP for a permit. Bids shall be solicited from at least three (3) contractors licensed to do this type of work in Seminole County. The Gty will be responsible for inspection of the project and shall act as the Construction Administrator for this contract. After receipt of all bids by the Engineer, each party shall be allowed to review and comment. Each party shall have seven (7) days to review and comment. All parties need to approve the contract to the lowest responsible contractor (the "Contractor"). All parties shall be allowed to review and reasonably approve the Contract with the Contractor prior to execution. The Engineer shall issue a Notice to Proceed to the Contractor. 2. COSTS OF DESIGN. CONSTRUCTION AND CONTRACT ADMINISTRATION The attached EXHIBIT "F" is the Engineers estimate of all costs associated with design, permitting, construction, inspection and construction administration. The cost of construction shall include all appropriate bonds (100% performance bond), insurance, and a two (2) year maintenance bond equal to 10% of the construction cost. TheCitywillberesponsibleforpayingtheCentralFloridaZoo'sshareofthis project. The parties acknowledge that the range of costs for each party should be between $25,000.00 and $35,000.00. The parties agree that Lumber Team and Vihlen shall each be limited to a maximum of a $35,000.00 contribution for the construction costs of the project, and the City and Ceutex shall be equally responsible for any overage in the event the four parties contribute $35,000.00 each. The parties agree that Lumber Team and Vihlen shall deposit $25,000 each to the Escrow Agent upon notification that construction costs of the project are due, and shall pay up to an additional $10,000.00 each to Escrow Agent if needed. Upon approval of this Agreement, each party, within 15 (fifteen) business days after execution, shall deposit their share of the project cost into an escrow account. The Page 2 of 7 SEWER FORCE-MAIN IMPROVEMENT AGREEMENT Page 3 escrow account shall be established by the City of Sanford City Finance Director, whom all parties to this Agreement agree shall be the escrow agent (the "EScrow Agent"). All funds in escrow shall be held in an interest-bearing account. Draws to the Contractor shall be paid out of the escrow account monthly following approval by the City with appropriate release of liens and other required document items. Any change order to the contract shall be reviewed by the Engineer with a recommendation to the various parties. Upon written approval of the change order by the parties, each party shall deposit into the escrow account its proportionate share, or if the change order results in a net "decrease" in the costs, the parties shall receive a return of the appropriate amount of the money held in Escrow. To the extent the full amount of the Escrow is not expended, the balance of the Escrow shall be divided equally among the parties within thirty (30) days of acceptance of the system by the City. 3. ACCEPTANCE BY THE CITY Upon completion of the project, the Contractor shall furnish As-Built Drawings with line locations and elevations certified by a licensed surveyor. The Engineer shall submit one (1) reproducible set along with three (3) copies to the City, and one (1) copy to all parties at no cost. The Contractor shall submit to the City a final release of lien, consent of surety, bill of sale, and a maintenance bond at the completion of the project. The Engineer shall obtain clearance from FDEP to place this line in service. After satisfactory submittal of these items, the City shall accept dedication of the sewer force-main and assume ownership and maintenance of same. 4. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon and shall insure to the benefit of the successors and assigns of the parties hereto and shall run with the property described herein and be binding upon any person, firm, corporation or other entity who may become the successor in interest, directly or indirectly, to all or any portion of the property. Page 3 of 7 SEWER FORCE-MAIN IMPROVEMENT AGREEMENT Page 4 5. NOTICE All notices and other communications required or permitted to be given hereunder shall be in writing and shall be mailed by registered or certified mail. postage prepaid, return receipt requested, addressed as first set forth herein above. Any party may change its address for notices by written notice in like manner as provided in this paragraph and such change of address shall be effective seven (7) days after the date notice of such change of address is given. Notice for purposes of this Agreement shall be deemed given when it shall have been deposited in the mail by the party who is giving such notice with sufficient postage prepaid. Unless changed by a party, the notice address shall be those listed on page 1 oftMs Agreement. 6. COUNTERPARTS This Agreement may be signed in counterparts, each of which may be deemed an original, and all of which together constitute one and the same agreement IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in the manner and form sufficient to bind them as of the day and year first written above. WITNESS: CITY OF SANFORD By: Its: Date: LUMBER TEAM LAND TRUST, a Florida Land Trust By: Juan Quesada Its: Representative of Trust Date: Page 4 of 7 SEWER FORCE-MAIN IMPROVEMENT AGREEMENT Page 5 CENTEX HOMES By: Its: Date: CENTRAL FLORIDA ZOOLOGICAL PARK Its: tkecutive Di~eeto~ S~ VIHLEN, JR. By: Its: Date: STATE OF FLO~DA CO~TY OF SEM~OLE The foregoing instrument w~ ac~owledged before me this day of ,2002 by , as of the CITY OF S~O~, a m~icipality in the State of Florida, on behalf thereof. He is personally ~own to me, or has produced as identification, ~d di~did not t~e ~ oa~. Notary Public, State of Florida Print Name: Commission No. My Commission Expires: Page 5 of 7 SEWER FORCE-MAIN IMPROVEMENT AGREEMENT Page 6 STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this day of ,2002 by , as of the LUMBER TEAM LAND TRUST, a Florida land trust. He is personally known to me, or has produced as identification, and did/did not take an oath. Notary Public, State of Florida Print Name: Commission No. My Commission Expires: STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this __ day of ,2002 by , as of the CENTEX HOMES, a Nevada corporation. He is personally known to me, or has produced as identification, and did/did not take an oath. Notary Public, State of Florida Print Name: Commission No. My Commission Expires: Page 6 of 7 SEWER FORCE-MAIN IMPROVEMENT AGREEMENT Page 7 STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this 2SI~ day of --~ ,2002 by ~d~o~eoS .OoSe~ ,as extoMqi~.~ei:~coe, oftheCENT~_ALOF~ORIDA ZOOLOGICAL PARK, on behalf thereof. He_ is personally known to me: or has produced Iq ]gt as identification, and did/did not take an oath. =-". ;~c~ff ' ~ .! Notary Public, State ofFlo 'da =-: "' : ~ p~ntName:5~-h.r_,~ 1-,~ ~. #ccg~a99s al lao My Commission Expires: STATE OF FgORIDA COTJ'NT¥ OF SEtViINOLE The foregoing instrument was acknowledged before me this day of ,2002 by Sid Vihlen, who is personally known to me, or has produced as identification, and did/did not take an oath. Notary Public, State of Florida Print Name: Commission No. My Commission Expires: ORLDOCS 10089048.2 BJF Page 7 of 7