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Home My WebLink AboutIII (B) Acceptance and Approval of Reflections Unit I - Developers and Homeowners Association Agreement for Upgraded Street Lights I .' • -eV i .r AGENDA 3-21-95 Item III B / :\ - 0 --. c I ��,of •ooe��a JAMES W.SHIRR,P.E. CITY ENGINEER I UTILITIES DIRECTOR 150 N.LAKESHORE DRIVE•OCOEE,FLORIDA 34761 PHONE(407)656-2322 EXT 142•FAX(407)656-7835 MEMORANDUM DATE: March 9, 1995 TO: The Honorable Mayor and Board of City Commissioners FROM: Ernie Kovacs, Engineering Aide 9 SUBJECT: Upgraded Street Lighting for Reflections Unit 1 Subdivision Issue Should the Honorable Mayor and Board of City Commissioners approve the Developers and Homeowners Association Agreement for Upgraded Street Lights? Background Reflections Unit 1 Subdivision was reviewed and approved by the City Commission at the March 7, 1995 meeting. Recommendation Staff recommends that the Honorable Mayor and Board of City Commissioners approve the Developers and Homeowners Association Agreement for Upgraded Street Lights as submitted. EK/jbw Attachment Cu--� THE PRIDE OF WEST ORANGE C Prepared By: Return To: Douglas F. Eshelman Jean Grafton, City Clerk George Wimpey of Florida, Inc. City of Ocoee 250 Park Avenue, S., Suite 300 150 North Lakeshore Drive Winter Park,Florida 32789 Ocoee,FL 34761-2258 407-628-1882 407-656-2322 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. 1 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. 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 Printed Name: Printed Name: ATTEST: Witness City Clerk Printed Name: Printed Name: APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON , 19 UNDER AGENDA ITEM NO. 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 Printed Name: 2 DEVELOPER: GEORGE WIMPEY OF FLORIDA, INC. ZOt (r- 4\6121\ Witness (��, Douglas F. Eshelman Printed Name Cf)J ( l. fr ( 2.5011 As its: v e �S.it e W ss Printed Name:JU.l 1 e �D 1 rd. er (SEAL) ASSOCIATION: REFLECTIONS HOMEOWNERS ASSOCIATION OF OCOEE, INC. OMR1,►l.1► �1� w By: — Printed Name: Ifin «�r 1 Printed Name: Doot,.PcS f, ast-hzi,rW4-b .. �� As its: V c,c tete ezt • ss ju.1 t� , 1 Printed Name: I I(1fer (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. WITNESS my hand and official seal in the County and State last aforesaid this day of 19 Notary Public My Commission Expires: 3 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. WITNESS my hand and official seal in the County and State last aforesaid this I Lam" day of March, 1995. F. Lo LL(.(c c Notary Public My Commission Expires: E:vERLY P WILLIAMS * "'v Commission CC40o790 4 -oir..s a,ep.24,1908 STATE OF FLORIDA •4,1„0F Foe L ^c by ANB :2.5878 • 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. �L WITNESS my hand and official seal in the County and State last aforesaid this I ,4day of March, 1995. (' �CLlcc 1� Notary Public My Commission Expires: s_`M BEVERLY P WILLIAMS * `p * 14.v Commission CC400799 "iIs_: oirs Sep.24,1998 J•9, R d by ANB • -352-5878 4 EXHIBIT "A" LEGAL DESCRIPTION: PORTIONS OF SECTION 9 AND I6, TOWNSHIP 22 SOUTH,RANGE 28 EAST,ORANGE COUNTY,FLORIDA, ANO A PORTION OF LOT I, LAKE )OHIO SHORES ACCORDING TO THE i PLAT THEREOF, AS RECORDED IN PLAT BOOK "(2",PAGE 54,OF THE PUBLIC RECORDS OF ORANGE COUNTY,FLORIDA.BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF SECTION 9, TOWNSHIP 22 SOUTH,RANGE 28 EAST,ORANGE COUNTY,FLORIDA;THENCE RUN S 89'57'5/" W ALONG THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 9 A DISTANCE OF 884.93 FEET; THENCE DEPARTING SAID SOUTH UNE RUN N 40'45'48' E A DISTANCE OF 1322.09 FEET TO THE WEST UNE OF THE SOUTHEAST 1/4 OF SAID SECTION 9r THENCE RUN N 0174'30"W ALONG SAID WEST LINE A DISTANCE OF 798.04 FEET; THENCE DEPARTING SAID WEST LINE RUN N 75'27'58" E A DISTANCE OF 60.00 FEET; THENCE RUN N OI'14'30"W A DISTANCE OF 50.00 FEET; THENCE RUN S 75'27'58" W A DISTANCE OF 60.00 FEET TO AFORESAID WEST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 9; THENCE RUN N 01'14'30"W A DISTANCE OF /5.41 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF A.D. MIMS ROAD (80'RIGHT-OF-WAY); THENCE RUN N 75'27'58' E ALONG SAID SOUTHERLY RIGHT-OF-WAY UNE A DISTANCE 1162.78 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 50.00 FEET;THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90'00'15' A DISTANCE OF 78.54 FEET TO THE POINT OF TANGENCY AND THE WESTERLY RIGHT-OF-WAY LINE OF CLARK ROAD (RIGHT-OF-WAY VARIES); THENCE RUN S 14'31'47" E ALONG SAID RIGHT-OF-WAY A DISTANCE OF 163.44 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 500.00 FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY LINE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03'48'51' A DISTANCE OF 33.28 FEET TO THE POINT OF TANGENCY;THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY LINE RUN S 18'20'38" E A DISTANCE 115.73 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 500.00 FEET;THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY LINE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 04'27'39" A DISTANCE OF 38.93 FEET TO THE POINT OF COMPOUND CURVATURE OF A CURVE • CONCAVE WESTERLY HAVING A RADIUS OF 1859.86 FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY LINE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17'26'24' A DISTANCE OF 566.11 FEET; THENCE DEPARTING SAID CURVE RUN S 89'34'38' W A DISTANCE OF 522.54 FEET; THENCE RUN N 78'06'19' W A DISTANCE OF 147.36 FEET;THENCE-RUN N 43'1071' W A DISTANCE OF 89.05 FEET; THENCE RUN N 13'58'36' W A DISTANCE OF 136.89 FEET;THENCE RUN N 01'14'30' W A DISTANCE OF 230.00 FEET;THENCE RUN S 83'05'53' W A DISTANCE OF 110.84 FEET TO A POINT ON A CURVE CONCAVE WESTERLY HAVING A CHORD BEARING OF N 05'22'08"W AND A RADIUS OF 375.00 FEET; THENCE RUN NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03'38'49' A DISTANCE OF 23.87 FEET;THENCE DEPARTING SAID CURVE RUN S 82'48'27' W A DISTANCE OF 174.05 FEET; THENCE RUN S 08'48'34' E A DISTANCE OF 20.00 FEET, THENCE RUN S 01'14'30' E A DISTANCE OF 455.00 FEET;THENCE RUN S 28'08'15"E A DISTANCE OF 110.00 FEET; THENCE RUN S 4179'41' E A DISTANCE OF 121.10 FEET; THENCE RUN S 66'31'32" E A DISTANCE OF 100.00 FEET; THENCE RUN S 79'52'13' E A DISTANCE OF 90.00 FEET; THENCE RUN N 89'34'38' E A DISTANCE OF,75.00 FEET;THENCE RUN S 00'25'22" E A DISTANCE OF 110.00 FEET; THENCE RUN S 89'34'46'W A DISTANCE OF 5.26 FEET; THENCE RUN S 00'25'22' E A DISTANCE OF;131.16 FEET; THENCE RUN S 89'34'38" W A DISTANCE OF 270.00 FEET;THENCE RUN S 00'25'22" E A DISTANCE OF 225.00 FEET; THENCE RUN S 18'00'29' W A DISTANCE OF 158.15 FEET; THENCE RUN S 00'25'22' E A DISTANCE OF 327.00 FEET TO THE SCY)TH LINE OF THE SOUTHEAST 1/4 OF AFORESAID k SECTION 9;THENCE RUN N 69'53'20' E ALONG SAID SOUTH LINE A DISTANCE OF 127.14 FEET;THENCE DEPARTING SAID SOUTH UNE RUN S 00'06'40'E A DISTANCE 30.00 FEET TO THE NORTH LINE OF LOT I,ACCORDING TO THE PLAT OF LAKE JOH/0 SHORES AS RECORDED IN PLAT BOOK 0,PAGE 54 OF THE PUBLIC 'RECORD OF ORANGE COUNTY, FLORIDA; THENCE RUN S /2 52'08" W A DISTANCE OF 102.87 FEET; THENCE RUN S 36'44'25' W A DISTANCE OF 274.70 FEET; THENCE RUN S 51'04'25' W A DISTANCE OF • 306.20 FEET TO THE WEST LINE OF AFORESAID LOT I, LAKE JOHIO SHORES; THENCE • RUN N 39'43'35' W A DISTANCE OF 30.00 FEET TO THE WEST LINE OF THE NORTHEAST • 1/4 OF SECTION /6, TOWNSHIP 22 SOUTH,RANGE 28 EAST; THENCE RUN N 00'16'25" E ALONG SAID WEST LINE A DISTANCE OF 541.80 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST 1/9 OF AFORESAID SECTION 9 AND THE POINT OF BEGINNING. LESS THE FOLLOWING DESCRIBED PARCEL: • COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 9; THENCE RUN N 89'53'20" E ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 9 A DISTANCE OF 733.20 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF CLARK ROAD,SAID POINT BEING ON A POINT ON A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS 1859.86 FEET AND A CHORD BEARING OF N 20'31'41' E, THENCE LEAVING SAID SOUTH UNE RUN NORTHEASTERLY ALONG SAID WESTERLY RIGHT-OF-WAY UNE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 50'41'10' A DISTANCE OF 1645.31 FEET; THENCE DEPARTING SAID WESTERLY RIGHT-OF-WAY LINE AND CURVE RUN S 8571'06" W ALONG A RADIAL LINE A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING;THENCE RUN S 89'35'57" W ALONG NON- RADIAL LINE A DISTANCE OF 200.00 FEET,THENCE RUN N 00'24'03" W A DISTANCE OF 307.50 FEET;THENCE RUN N 02'04'41' W A DISTANCE OF 79.77 FEET, THENCE RUN N 11'58'02" W A DISTANCE OF 251.74 FEET;THENCE RUN N 75'27'58" E PARALLEL WITH AND 15.00 FEET SOUTH OF THE SOUTHERLY RIGHT-OF-WAY LINE OF A.D. MIMS ROAD (80 FEET RIGHT-OF-WAY) A DISTANCE OF 56.89 FEET; THENCE RUN 5 59'3/'53' if A DISTANCE OF 70.71 FEET;THENCE RUN THE FOLLOWING FIVE COURSES PARALLEL WITH AND 15.00 FEET WEST OF SAID WESTERLY RIGHT-OF-WAY UNE OF CLARK ROAD: THENCE RUN SOUTH 14'31'47"E A DISTANCE OF 148.45 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 515.00 FEET; THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03'48'51' A DISTANCE OF 34.28 FEET TO THE POINT OF TANGENCY; THENCE RUN S 18'20'38' E A DISTANCE OF 115.73 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 485.00 FEET; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 04'27'39' A DISTANCE OF 37.76 FEET TO THE POINT OF COMPOUND CURVATURE OF A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 1844.86 FEET; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAO CURVE THROUGH A CENTRAL ANGLE OF 09'04'06' A 015TANCE OF 291.99 FEET TO THE POINT OF BEGINNING.