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Home My WebLink AboutIII (B) Acceptance and Approval of Admiral Pointe Developers and Homeowners Association Agreement for Upgraded Street Lights AGENDA 10-17-95 I • ••e Item III B & C o .14 OF coon,`+�o 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: October 3, 1995 TO: The Honorable Mayor and Board of City Commissioners FROM: Ernie Kovacs t. 2c Engineering Aide SUBJECT: Approval of Admiral Pointe Subdivision Final Plat and Developer and Homeowners Association Agreement for Upgraded Street Lighting Issue Should the Honorable Mayor and Board of City Commissioners approve the final plat and agreement as submitted. Background Admiral Pointe is a 107 single family residential subdivision. The site has been developed. It is located on Starke Lake off of White road. All upgraded street lights are installed. Recommendation Staff recommends that the Honorable Mayor and Board of City Commissioners approve the final plat as submitted. EK/jbw THE PRIDE OF WEST ORANGE AGENDA 10-17-95 Item III B DEVELQPERS AND HOMEOWNERS ASSOCIATION AGREEME,_ FOR UPGRADED STREET LIGHTS This Agreement, entered into this 2 o day of a c U4 , 1995 , by and between Rottlund Homes of Florida, Inc. , a Minnesota corporatiop hereinafter referred to as Developer; and Admiral Pointe Homeowners Association, 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 a subdivision to be known as Admiral Pointe ; and WHEREAS,the Developer Intends to develop the subject property in accordance with the approved subdMslon plans and specifications, Including certain specialized street lighting; and WHEREAS, in order to install said street lighting it will be necessary to Install one 16' deco- acorn type street lights for every one 30' concrete conventional fixtures to obtain the same Illumination; and WHEREAS, the cast and maintenance of the 16' deco-acorn type street lights Is in excess of the amount paid by the City for street lighting 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 Admiral Pointe 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 Condtions and Restrictions for Admiral Pointe 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 shaft 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 Admiral Pointe 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. FORM-12 1 Developers and Homeowners Association Agreement for Upgraded Street Lights 4. This Agreement shall be binding and Inure to the beneftt 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 CIT`:'CF OCOEE,FLORIDA IN THE PRESENCE OF: MAYOR Witness Printed Name: ATTEST: Witness City Clerk 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 19 FOLEY & LARDNER BY: CITY ATTORNEY DEVELOPER: Rottlund Homes of Florida, Inc. , a Minnesota • poration . . Rotert J. Gleason �r Pr' ted Name 37STUA ,4• i1.1 C'OGwALO, T,e. F/,�B3, _ As its: President Witness Printed Name: / 1/5/-46`) /j.ne,aLTViEtt.X FORM-12 2 Developers and Homeowners Association Agreement for Upgraded Street Lights ASSOCIATION: Admiral Pointe Homeowners Association, Inc. B 4. 4/�/ �.► 1 ' Witness printed Name:le bA /el- AV�eti Stuart McDonald /'1 ) 4- //<DYu As Its: President • Witness Printed Name: /rf;A,`f �. ilJes,,GEs (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 Ciry 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: • FORM-12 3 Developers and Homeowners Association Agreement for Upgraded Street Ughts STATE OF / ;(0/I- COUNTY OF an c-A-2,,Q___ I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take ackno •••- •: . .11 appeared Robert J. Gleason personal! kn• . • ••- •r who provided as identification, as the President Of Fnriva. Ton .nes ot , a Minnesota corp. , and that he acknowledged executing the same freely and voluntarily under authority duly vested in him by said rnrpnrati nn .• •i .h .• • ... .. . .i• .. r i, •..'r...•,. .• v_. . .1 . ... _ 4i.. and who did not take an oath. -rA WITNESS my hand and official seal In the County and State last aforesaid this v3 day of („G“,7fit/ , 19 -� . /j t/L� OW Pub Notary Public + ,'c RUBINA B MORALES • My Commission CC284014 Expires May.08.1997 • My Commission Expires: -1•IIT' Bonded by ANB •srr'�OF FISP\°! 800-852-6878 STATE OF F/f, COUNTY OF 6/ L I HEREBY CERTIFY that on this day, before me,an officer duly authorized in the State and County aforesaid to take acknowl:_•• ents •:rsonaily appeared Stuart McDonald personal! kn• n to : •r wt o-rc jjced as .mire who-orfslimed identification, as the President of Association. Inc. , a Florida corp. 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 gly hand and official seal In the County and State last aforesaid this 2 day of /7/,/,i)-);t.g A?)/1/17-a-& Notary Public °ot"Wpug, � RUBINA B MORALES . My Commission CC284014 My Commission Expires: !i +f • Expires May.06.1997 • _‘ .IIIl1IL • Bonded by ANB ♦' . 800-852-5878 • 4 OF FLOP • FORM-12 4