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Home My WebLink AboutIII (B) Acceptance and Approval of Reflections Unit I - Final Plat AGENDA 3-7-95 •ee Item III B • 0 I , f} `moo 4,f+of Goo-e`i JAMES W.SHIRA,P.E. CITY ENGINEER/UTILITIES DIRECTOR 150 N.LAKESHORE DRIVE•OCOEE,FLORIDA 34761 PHONE(407)656-2322 EXT.142•FAX(407)656-7835 MEMORANDUM DATE: March 3, 1995 TO: The Honorable Mayor and Board of City Commissioners FROM: James W. Shira, P.E. City Engineer/Utilitie erector SUBJECT: Reflections Unit I Subdivision Approval Subdivision Final Plat Developers and Homeowners Association Agreement for Upgraded Street Lights Issue Should the Honorable Mayor and Board of City Commissioners approve the final plat for Reflections Unit One Subdivision? Background Reflections Unit One Subdivision is a 78 single family residential subdivision. The site is presently being developed. It is located at the northwest corner of Clarke Road and A.D. Mims Road. Recommendation Staff recommends that the Honorable Mayor and Board of City Commissioners approve the final plat and Developers and Homeowners Association Agreement for Upgraded Street Lights as submitted. JWS/jbw THE PRIDE OF WEST ORANGE DEVELOPERS AND HOMEOWNERS ASSOCIATION AGREEMENT FOR UPGRADED STREET LIGHTS This Agreement,entered into this day of March, 1995,by and between George Wimpey of Florida, Inc. hereinafter referred to as Developer;Reflections Homeowners Association of Ocoee, Inc., hereinafter referred to as Association; and the CITY OF OCOEE, hereinafter referred to as City. WITNESSETH: WHEREAS,the Developer owns and desires to develop certain real property located in the City of Ocoee, Orange County, Florida, more particularly described in Exhibit "A", attached hereto; and WHEREAS,for the purpose of developing the subject property, the Developer has submitted to the City of Ocoee a subdivision plan and specifications for the subdivision to be known as Reflections Unit One;and WHEREAS, the Developer intends to develop the subject property in accordance with the approved subdivision plans and specifications, including certain specialized street lighting; and WHEREAS, in order to install said street lighting it will be necessary to install one and one-half Class 51 Acorn HPS 100 Watt type street lights(28 total, as indicated on FPC street light plan dated February 10, 1995),for every conventional fixture(19 total,as indicated on FPC street light plan dated September 2, 1994), to obtain the same illumination;and. WHEREAS, the cost and maintenance of the Class 51 Acorn HPS 100 Watt type street light is in excess of the amount paid by the City for street lighting which amounts to$8.61 per month per conventional fixture, pursuant to the City's agreement with Florida Power Corporation; and WHEREAS, the City is in agreement to allow this type of street lighting by the Developer for use in the Reflections Unit One subdivision provided that the additional cost thereof is paid for by the Developer and/or the Association; and WHEREAS. the Developer and Association are in agreement to pay the additional costs thereof. NOW THEREFORE, the parties agree as follows: 1. The Developer hereby agrees that the Declaration of Covenants Conditions and Restrictions for Reflections Homeowners Association of Ocoee, Inc. shall specifically provide that the Association shall be responsible for the additional cost of street lighting that is over and above that paid for by the City and shall reimburse the City of Ocoee said additional cost plus an administrative charge equal to ten(10)percent of the additional costs and that said Association shall have the power and authority to assess each lot owner within said subdivision,which said assessment shall be a lien upon each lot and shall be subject to foreclosure by the Association in the event of non-payment. 2. That the Association for itself, its successors and assigns agrees that the Declaration of Covenants Conditions and Restrictions for Reflections Homeowners Association of Ocoee, Inc. shall not be amended as it relates to the duty to pay the additional cost of street lighting and the lien and enforcement provisions thereof, without consent of the City,and further agrees to be responsible for the additional costs of street lighting over and above that paid for by the City that results from the use of the desired street lighting,plus the administrative costs set forth above. 3. The Developer upon the execution of this Agreement, shall pay to the City the cost of recording this Agreement in the Public Records of Orange County,Florida. 1 Developers and Homeowners Association Agreement for Upgraded Street Lights 4. This Agreement shall be binding and inure to the benefit of the subject property and be binding upon the Association and any persons,firm or corporation that may become its successor in interest directly or indirectly to the subject property. IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed as of the date and • year first above written. SIGNED, SEALED, AND DELIVERED IN THE PRESENCE OF: CITY OF OCOEE,FLORIDA Witness MAYOR ATTEST: Witness City Clerk APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON , 19 UNDER AGENDA ITEM N0. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, APPROVED AS TO FORM AND LEGALITY,THIS DAY OF MARCH, 1995. FOLEY& LARDNER BY: City Attorney DEVELOPER: GEORGE WIMPEY OF FLORIDA,INC. U kti L(LL -7')1 ) By: �^ Witness ciU C-kakl As its: i t,Le 1 \ Witness (SEAL) 2 Developers and Homeowners Association Agreement for Upgraded Street Lights ASSOCIATION: REFLECTIONS HOMEOWNERS ASSOCIATION OF OCOEE,INC. IS-WI-ULw/CaL4, By: Witness ek� As its: V 1/47-?- Witness (SEAL) STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day,before me, an officer duly authorized in the State and County aforesaid to take acknowledgments,personally appeared personally known to me to be the Mayor and City Clerk, respectively,of the CITY OF OCOEE,a Florida municipal corporation,and that they severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said municipality, and who did not take oaths. WITNESS my hand and official seal in the County and State last aforesaid this day of 19 Notary Public My Commission Expires: • 3 i Developers and Homeowners Association Agreement for Upgraded Street Lights STATE OF FLORIDA COUNTY OF ORANGE • I HEREBY CERTIFY that on this day,before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared Douglas F. Eshelman,personally known to me,as Vice President of George Wimpey of Florida, Inc.,a Florida corporation, and that he acknowledged executing the same freely and voluntarily under authority duly vested in him by said corporation and that the sale affixed thereto is the true corporate seal of such corporation,and who did not take an oath. V WITNESS my hand and official seal in the County and State last aforesaid this day of March, 1995. ktwAiti6 Go au v-T, Notary Public My Commission Expires: 0 LEVERLY P WILLIAMS * 1); A 9 * M.7 Commission CC400799 ,t1_r.4 E..Dirns Sep.24,1998 STATE OF FLORIDA J>44.0 R 'god by AWB J-852-5878 1, COUNTY OF ORANGE I HEREBY CERTIFY that on this day,before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared Douglas F. Eshelman,personally known to me, as the Vice President of Reflections Homeowners'Association of Ocoee, Inc., a non-profit Florida corporation,and that he acknowledged executing the same freely and voluntarily under authority duly vested in him by said corporation and that the seal affixed thereto is the true corporate seal of such corporation. WITNESS my hand and official seal in the County and State last aforesaid this "-) day of March, 1995. Notary Public My Commission Expires: * �VERLYP WILLWIIA ��A _ Ksion CC400799S j' a"\� ?.24.1998 �arwd" -1bYANS -352-5878 4