HomeMy WebLinkAboutItem 05 Approval of a Two-Year Warranty Surety and Maintenance, Materials, and Workmanship Agreement with K. Hovnanian Ocoee Landings LLC and Developers and Homeowners Association Agreement for Upgraded Street Lights for the Ocoee Landings Subdivisionocoee
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AGENDA ITEM COVER SHEET
Meeting Date: June 4, 2019
Item # 5
Milen D. Womack Project
Contact Name: Engineer
Contact Number: 407-554-7313
Reviewed By.,
Department Director:
City Manager:
Subject: Approval of a Two -Year Warranty Surety and Maintenance, Materials, and Workmanship
Agreement with K. Hovnanian Ocoee Landings LLC and Approval of a Developers and
Homeowners Association Agreement for Upgraded Street Lights for the Ocoee Landings
Subdivision
Commission District 4 - George Oliver III
Background Summary:
Ocoee Landings is made up of 50 detached single-family homes. The parcel is located on Silver Star Road just
east of the Silver Crossing Publix Shopping Plaza between Lake Johio Drive and Johio Shores Road. The developer
has completed construction of the infrastructure improvements for the subdivision and has requested a Certificate
of Completion. The infrastructure improvements include the potable water, sanitary sewer, reclaimed water, utilities,
the street, stormwater collection system, perimeter wall/fencing, and associated landscaping. All identified punch
list repairs have been completed, and the developer is ready to start the two-year warranty period for the public
improvements.
As a requirement of the Land Development Code, the developer is required to fumish the City a Surety to cover
any possible damages discovered during the next two years. Should the developer not choose to make those
repairs, K. Hovnanian Ocoee Landings LLC has provided the City with a Letter of Credit in the amount of 10% of
the constructed improvements. The attached Maintenance, Materials, and Workmanship Agreement (Form 8 from
the Land Development Code) acts as the executable document between the developer and the City. The Surety
will be returned to the developer upon completion of the two-year warranty period and the repair of any damages
caused over those two years.
Issue:
Should the City accept the Surety as provided by K. Hovnanian Ocoee Landings LLC for the two-year warranty for
Ocoee Landings and execute the Maintenance, Materials, and Workmanship Agreement?
Recommendations:
The Development Services Department recommends the acceptance of the Surety and the execution of the
Maintenance, Materials, and Workmanship Agreement with K. Hovnanian Ocoee Landings LLC for the Ocoee
Landings Subdivision and the Developers and Homeowners Association Agreement for Upgraded Street Lights.
Attachments:
1. Maintenance, Materials, and Workmanship Agreement with K. Hovnanian Ocoee Landings LLC
2. Irrevocable Stand -By Letter of Credit Number 11934 issued by PNC Bank
3. Developers and Homeowners Association Agreement for Upgraded Street Lights
Financial Impact:
There are no financial impacts to the City in accepting this two-year warranty Surety.
Type of Item: (please mark with an'V)
Public Hearing
Ordinance First Reading
Ordinance Second Reading
Resolution
) Commission Approval
Discussion &Direction
Crigina|Ooou Attached for Execution bvCity Clerk
Original Document/Contract Held by Department for Execution
Reviewed bxCity Attorney
Reviewed bvFinance Dept.
Reviewed by
For Clerk's Dept Use:
Consent Agenda,
Public Hearing
Regular Agenda
N/A
N
MAINTENANCE, MATERIALS, AND
WORKMANSHIP AGREEMENT WITH LETTER OF CREDIT
Ocoee Landings
THIS MAINTENANCE, MATERIALS, AND WORKMANSHIP AGREEMENT
(this "Agreement") is entered into this 1 st day of May 2019, by K. Hovnanian Ocoee Landings
LLC, a Florida Limited Liability Corporation and the CITY OF OCOEE, a Florida municipal
corporation, whose address is 150 North Lakeshore Drive, Ocoee, Florida 34761 (the "City").
WITNESSETH:
WHEREAS, Developer, or its predecessor -in -interest or its predecessor -in title, has
developed and/or constructed a subdivision known as Ocoee Landings and in connection
therewith has installed with the approval of the City certain roads, streets, sewer, water and reuse
systems, drainage facilities (including retention and detention ponds), and/or other improvements
(collectively, the "Improvements") under the provisions, conditions, and requirements of the
City's Subdivision Regulations and the following Final Subdivision Plan. (or Preliminaiy/Final
Subdivision Plan) approval by granted the Ocoee City Commission on February 19, 2018: and
WHEREAS, the Subdivision is located within certain real property located in the City of
Ocoee, Orange County, Florida, as more fully described in the attached Exhibit "A" which
exhibit is incorporated herein by this reference (the "Property"); and
WHEREAS, under Section 4-4, Subdivision Review Process, of the City's Land
Development Code, Developer is required to guaranty the maintenance, materials, and
workmanship of the Improvements within the Subdivision; and
WHEREAS, in order to obtain the issuance of a Certificate of Completion with respect
to the Improvements, the Developer desires to guaranty such maintenance, materials, and
workmanship by having PNC Bank establish an Irrevocable Standby Letter of Credit in favor of
the City in substantially the form attached hereto as Exhibit "B" and by this reference made a
part hereof ("Letter of Credit").
NOW THEREFORE, the parties agree as follows:
SECTION ONE: Establishment of Letter of Credit.
Developer does hereby agree to have Bank establish the Letter of Credit in favor of the City in
the amount of One Hundred Forty -Four Thousand Six Hundred Seventy -Eight Dollars AND
89/100's US DOLLARS ($144,678.89) to guaranty the maintenance, materials, workmanship,
and structural integrity of the Improvements and the other obligations of the Developer under this
Agreement. The Letter of Credit shall be established and drawn upon only in accordance with
the terms of the Letter of Credit and this Agreement.
ORLA_1688244.1
SECTION TWO: 2-Year Warranty Period,
For a period of two (2) years from the date of issuance of the Certificate of Completion
(the "Warranty Period"), the Developer shall maintain the Improvements in a first class condition
and shall repair, correct and/or cure any Deficiency (as defined in Section 3 below) within thirty
(30) days of receipt of written notice of a Deficiency from the City. The Developer shall pay any
and all costs or expenses incidental to the performance of any such work. The City may provide
notices of a Deficiency from time to time during the Warranty Period.
SECTION THREE: City's Right to Draw on Letter of Credit.
If at any time during the Warranty Period, the City notifies Developer in writing (i) that
the Improvements have not been maintained in a first class condition, (ii) that paving or other
structures within the Subdivision have been found by the City to not be in compliance with the
Subdivision approval, and/or (iii) that there is a deficiency or fault in the materials,
workmanship, or structural integrity of the Improvements which has been found by the City to
not be in compliance with the Subdivision approval (collectively, a "Deficiency") and Developer
fails to repair, correct and/or cure such Deficiency to the satisfaction of the City within thirty (30)
days fi-orn receipt of the notice thereof as set forth in Section 2 above, then the City may draw
upon the Letter of Credit without further notice to Developer in order to establish a cash escrow
for the performance of the Developer's obligations under this Agreement (the "Cash Escrow").
Additionally, the City may draw on the Letter of Credit in order to establish a Cash
Escrow in such amounts as the City deems necessary or appropriate (a) in the event of a default
by Developer under this Agreement, and/or (b) as provided for in the Letter of Credit.
SECTION FOUR: Term of Letter of Credit.
The Letter of Credit shall be for a term of no less than two (2) years and one (1) month
from the date of issuance of the Certificate of Completion. Notwithstanding anything contained
in Section 3 above, in the event the City has notified Developer of a Deficiency as provided
above, then the term of this Agreement shall continue and the term of the Letter of Credit shall be
extended until such Deficiency is corrected. If the City has provided a notice of Deficiency
which has not been repaired, corrected and/or cured within thirty (30) days from the date the
Letter of Credit (or any extension or replacement thereof) is scheduled to expire, then the City
may draw on the Letter of Credit and establish a Cash Escrow for the performance of the
Developer's obligations under this Agreement.
SECTION FIVE: City's Use of Funds Drawn on Letter of Credit.
Unless otherwise mutually agreed to by City and Developer, the funds available through
the Letter of Credit and any Cash Escrow established under this Agreement shall be used by the
City only (a) to repair, correct and/or cure any Deficiency, (b) to cure a breach by Developer of
its obligations under this Agreement, and/or (c) to pay for reasonable administrative expenses
and attorneys' fees and costs incurred by the City in exercising or otherwise enforcing its rights
under this Agreement and Letter of Credit.
-2-
ORLA1688244.1
If the Developer fails or refuses to undertake the repair, correction and/or cure of any
Deficiency, then the City may, but shall not be obligated to, undertake such repair, correction
and/or cure any Deficiency, the cost of which shall be paid for out of the Letter of Credit and any
Cash Escrow established pursuant to this Agreement. In the event the City undertakes any such
repair, correction and/or cure, then the City shall be entitled to retain an administrative fee in the
amount of two percent (2%) of the cost thereof and shall also be entitled to reimbursement of all
costs and expenses incurred by the City in undertaking such action, including but not limited to
its legal fees and costs. The City may use third party contractors to perform any such corrective
actions.
SECTION SIX: Right of Entry for Corrective Activities.
In the event the City undertakes to repair, correct and/or cure any Deficiency, then in such
event the Developer hereby grants to the City and its employees, contractors and representatives,
the right to enter upon the Property and the Improvements for the purpose of performing any such
repair, correction, and/or cure.
SECTION SEVEN: No Obligation of City to Undertake Repairs or Advance Funds.
Nothing contained herein shall be construed to in any way obligate the City to (i) advance
City funds for any purpose on behalf of the Developer, or (ii) to undertake the repair, correction
and/or cure of any Deficiency, Further, the City shall have no liability to the Developer or any
third parties with respect to any corrective actions undertaken by the City.
SECTION EIGHT: Excess Funds.
In the event that the City draws on the Letter of Credit and establishes the Cash Escrow,
then any excess funds shall be returned to the Developer after any and all of the Deficiencies
have been repaired, corrected and cured to the satisfaction of the City and after the payment from
the Cash Escrow of all obligations of the Developer under this Agreement.
SECTION NINE: Continued Applicability of Subdivision Regulations.
This Agreement shall not be construed to relieve or release Developer from any of its
obligations underthe City Subdivision Regulations with respect to the Improvements.
SECTION TEN: Construction.
This Agreement shall be construed in accordance with the laws of the State of Florida.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed as
of the date and year first above written.
-3-
ORLA1688244.1
ATTEST:
M-
Melanie Sibbitt, City Clerk
(SEAL)
FOR THE USE AND RELIANCE BY THE
CITY OF OCOEE ONLY. APPROVED
AS TO FORM AND LEGALITY
this day of
,20_
M
City Attorney
-4-
ORLA1688244.1
DEVELOPER:
K. t-jouwAw1N'J oc,&c LAiuowc-1-4 LLC-
By:
PrintName-KAk1'-- upe'ev-
'X�k
Title: -'b,\j L I
CITY:
CITY OF OCOEE, FLORIDA, a Florida
municipal corporation
In
Rusty Johnson, Mayor
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING
HELD ON .,20
UNDER AGENDA ITEM No.
EXHIBIT "A'
A TRACT OF LAND LYING IN SECTION 16, TOWNSHIP 22 SOUTH, RANGE 28 EAST, BEING A
PORTION OF LOT 14, LAKE JOHIO SHORES, ACCORDING TO THE PLAT THEREOF AS RECORDED
IN PLAT BOOK Q, PAGE 54 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA AND A
PORTION OF THE VACATED RIGHT-OF-WAY OF AZALEA RANCH LANE AND A PORTION OF
VACATED JOHIO SHORES ROAD, ACCORDING TO DOCUMENT NUMBER 20170256624 OF SAID
PUBLIC RECORDS, DESCRIBED AS FOLLOWS:
BEGINNING AT A NAIL AND DISK (LB #6393) MARKING THE INTERSECTION OF THE CENTERLINE
OF AZALEA RANCH LANE WITH THE CENTERLINE OF JOHIO SHORES ROAD AS SHOWN ON THE
PLAT OF JOHIO BAY SUBDIVISION, AS RECORDED IN PLAT BOOK 28, PAGE 2, OF THE PUBLIC
RECORDS OF ORANGE COUNTY, FLORIDA; THENCE RUN SOUTH 00a02'05" WEST, ALONG SAID
CENTERLINE OF JOHIO SHORES ROAD, ALSO BEING THE EAST LINE OF THE NORTHEAST
QUARTER OF SAID SECTION 16, A DISTANCE OF 330.54 FEET TO THE TO THE INTERSECTION OF
SAID CENTERLINE WITH THE NORTH RIGHT-OF-WAY LINE OF STATE ROAD #438, (SILVER STAR
ROAD), ACCORDING TO FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP,
SECTION 75250-2525, BEING A POINT ON A NON -TANGENT CURVE CONCAVE NORTHWESTERLY;
THENCE RUN SOUTHWESTERLY, ALONG SAID RIGHT-OF-WAY LINE AND SAID NON -TANGENT
CURVE, HAVING A RADIUS OF 828.74 FEET, A CENTRAL ANGLE OF 35°43'52", AN ARC LENGTH OF
516.82 FEET, A CHORD LENGTH OF 508.49 FEET AND A CHORD BEARING OF
SOUTH 71"30'24" WEST TO THE POINT OF TANGENCY; THENCE RUN SOUTH 89"22'20" WEST,
ALONG SAID NORTH RIGHT-OF-WAY LINE, 588.11 FEET; THENCE DEPARTING SAID NORTH RIGHT-
OF-WAY LINE, RUN NORTH 00-04'52" WEST, 220.67 FEET; THENCE RUN SOUTH 89035'36" WEST,
348.07 FEET; THENCE RUN NORTH 00024'24" WEST, 90.17 FEET TO A POINT ON A NON -TANGENT
CURVE CONCAVE SOUTHWESTERLY; THENCE RUN NORTHWESTERLY, ALONG SAID NON -
TANGENT CURVE, HAVING A RADIUS OF 65.00 FEET, A CENTRAL ANGLE OF 66°12'26", AN ARC
LENGTH OF 75.11 FEET, A CHORD LENGTH OF 71.00 FEET AND A CHORD BEARING OF
NORTH 33039'20" WEST; THENCE RUN NORTH 00024'25" WEST, NON -TANGENT TO SAID CURVE,
7.51 FEET; THENCE RUN SOUTH 89°35'35" WEST, 21.22 FEET; THENCE RUN
NORTH 00024'25" WEST, 112.94 FEET TO A POINT LYING ON THE CENTERLINE OF SAID AZALEA
RANCH LANE AND THE SOUTH LINE OF WILLOWS ON THE LAKE, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 48, PAGES 35 AND 36 OF SAID PUBLIC RECORDS;
THENCE RUN NORTH 89-35'36" EAST, ALONG SAID CENTERLINE AND ALONG SAID SOUTH LINE
AND THE EASTERLY EXTENSION THEREOF, 1480.98 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED TRACT OF LAND LIES IN ORANGE COUNTY, FLORIDA AND CONTAINS
13.80 ACRES MORE OR LESS.
The Plat of Ocoee Landings as recorded in PB 98, PGS 97-98 Official Records of Orange County Florida
EXHIBIT "B"
FORM OF LETTER OF CREDIT
-6-
ORLA 1688244.1
Client Care: 1-800-682-4689
prtc Bank, National Association swiFTAddress- PNCCIIS33 PNC
International Trade Product Deiivery 0
500 Fast Avenue- 2nd Floor
Pittsburgh, PA 13219
Hail stop.- P7-pFSC-ill-T
3. A STATEMENT PURPORTEDLY I .1 SIGNED BY THE MAYOR, CITY MANAGER OR
AUTHORI,Z:t-D;-RiPRESENTATIVE TO THE EFFECT THAT PNC BANK, NATIONAL
ASSOCIATION HAS>LOST ITS DESIGNATION AS A "QUALIFIED PUBLIC DEPOSITORY"
pURSUANTi.. TO.,,.FL0.RIDA STATUTES, CHAPTER 280, AND AN ACCEPTABLE REPLACEMENT
LETTER OFREVIT HAS NOT BEEN RECEIVED; OR
STATEMENT PURPORTEDLY SIGNED BY THE MAYOR, CITY MANAGER, OR
0'91 ED REPRESENTATIVE, THAT THE DRAWING IS DUE TO APPLICANT'S
FA TO RE CORRECT AND/OR CURE A "DEFICIENCY" AS THAT TERM IS
,;.LURE PAIR, WORKMANSHIP AGREEMENT
DEFINED
N :: ED THAT CERTAIN MAINTENANCE, MATERIALS AND W
BETWEEN THE CITY AND APPLICANT WITH RESPECT TO THE FOLLOWING
SUBDIVISION: OCOEE LANDINGS.
THIS LETTER OF CREDIT SHALL BE DEEMED IN FORCE UNTIL JULY 8, 2021, AND
WILL AUTOMATICALLY BE EXTENDED FOR A PERIOD NOT,,JO EXCEED 90 (NINETY)
DAYS WITHOUT AMENDMENT UNLESS WE PROVIDE THE Cji! MANAGER OF THE CITY OF
I ..
OCOEE WITH WRITTEN NOTICE OF OUR INTENT TO TERMINATE THE CREDIT HEREIN
EXTENDED, WHICH NOTICE MUST BE PROVIDED AT tmST--T]HIRTY (30) DAYS PRIOR
TO THE EXPIRATION DATE OF THE ORIGINAL TERM HEREOF,OR ANY RENEWED TERM.
DRAFTS MUST BEAR THE CLAUSE: "DRAWN UNpEft,LITTER OF CREDIT
NO.18131709-00-000 OF PNC BANK, NATIONAL ASSOCIATION, DATED MAY 8,
2019."
THIS LETTER OF CREDIT SHALL REMAIN IN �ULL FORCE AND EFFECT
NOTWITHSTANDING A PARTIAL
DRAW OR DRAWS SO LONG AS A SUM REMAINS TO BE
-; -::v_'
DRAWN OR UNTIL THE LETTER..QFCRFbTT HAS EXPIRED.
EXCEPT AS OTHERWISE SPECiF16ALLY'STATED HEREIN, THIS LETTER OF CREDIT
SETS FORTH IN FULL THE UNDERTAKING, AND SUCH UNDERTAKING
IRD,
SHALL NOT IN ANY WAY BE AG"AMENDED, OR AMPLIFIED BY REFERENCE TO
ANY DOCUMENT, INSTRUMENT, 1. 0 R'It 'AGREEMENT REFERENCED TO HEREIN OR IN WHICH
THIS LETTER OF CREDIT IS REFERRED TO OR THIS LETTER OF CREDIT RELATES,
AND ANY SUCH REFERENCE SHALL NOT BE DEEMED TO INCORPORATE HEREIN BY
REFERENCE ANY DOCUMENT, INSTRUMENT, OR AGREEMENT.
WE HEREBY AGREE WITH YOU THAT ALL DRAFTS DRAWN UNDER AND IN COMPLIANCE.....,.....
WITH THE TERMS OF THIS LETTER OF CREDIT, THAT SUCH DRAFTS WILL 01 BE EAST,
DULY::�::.-
TO PNC BANK, NATIONAL ASSOCIATION, 2
HONORED UPON PRESENTATION
PINE STREET, SUITE 200, ORLANDO, FL 32801, ATTN: LEXIE ISAAC/KRISTI
SANDERS RES DEV/REAL ESTATE FINANCE.
REDIT WILL BE CONSIDE
RED AS CANCELED UPON REC51'P�`BY*,!: US
LETTER OF C
THIS THE ORIGINAL CREDIT INSTRUMENT OR UPON ANY PRESENT OR FUTUR9.',-_-EXj.?.:IRY
OF
DATE HEREUNDER, WHICHEVER SHALL OCCUR FIRST.
THIS LETTER OF CREDIT IS SUBJECT TO THE "INTERNATIONAL :.$1T." DBY! :PRACTICES
:.-
(ISP98)10, INTERNATIONAL CHAMBER OF COMMERCE PUBLICATIONNQ59.0 AND AS
TO MATTERS NOT GOVERNED BY ISp98, SHALL BE GOVERNED -;AND CoMSTRED IN
ACCORDANCE WITH THE PROVISIONS OF FLORIDA LAW- kkj)-.�'�,jLOR:IDACONFLTCT LAWBETWEEN SHOULD
THE "INTERNATIONAL STANDBY PRACTICES (,SpgB),,,
LAW SHALL PREVAIL. IF A CONFLICT., LAW OF
ARISE, FLORIDA page 2 of 3 17.0-00-000
IRREVOCABLE STAND --BY LETTER
b"O.I. 00 0
NUMBER 1.E� 09-
Client Care- 1-800-682-4689
SWIFTAddress. PKCCUS33
101100*03m
SUBDIVISIONI 'NE/PHASE: OCOEE LANDINGS
K_tHOVNANIAN OCOEE LANDINGS, LLC
2-bi L,:OCIEN WAY, SUITE 260
MA-1 1LA'ND, TFL 32751
ISSUING BANK:
PNC BANK, NATIONAL ASSOCIATION
500 FIRST AVENUE, SECOND FLOOR
P7-PFSC-02-T
(DP —NC
.w sw
BENEFICIARY:
CITY OF OCOEE
150 NORTH LAKESHORE DRIVE
OCOEE, FL 34761
ATTENTION:
CITY ENGINEER
150 NORTH LAKESHORE DRIVE
OCOEE, FL 34761
PITTSBURGH, PA 15219
ATTENTION: INTERNATIONAL TRADE PRODUCT DELIVERY;,...
AMOUNT USD $144,678.89
ONE HUNDRED FORTY-FOUR THOUSAND,
SIX HUNDRED SEVENTY-EIGHT
AND 89/100 US DOLLARS
DATE OF ISSUE
MAY 8, 2019
DATE OF EXPIRY
JULY 8,2021
WE HEREBY ESTABLISH OUR:..:IRREVOCABLE STANDBY LETTER OF CREDIT
NO.18131709-00-000, IN FAVOR . ; F'i:CITY OF OCOEE, A FLORIDA MUNICIPAL
CORPORATION, AND AUTHORIZE,)DRAW ON PNC BANK, NATIONAL ASSOCIATION
(THE "BANK"), AT 500 FIRST:') iIV'NUF, SECOND FLOOR, P7-PFSC-02-T,
PITTSBURGH, PA 15219, ATTN: INTERNATIONAL TRADE PRODUCT DELIVERY, BY
ORDER OF K. HOVNANIAN OCOEE LANDINGS, LLC UP TO BUT NOT EXCEEDING THE
AGGREGATE AMOUNT OF USD $144,678.89 (ONE HUNDRED FORTY-FOUR THOUSAND SIX
HUNDRED SEVENTY-EIGHT AND 89/100 UNITED STATES DOLLARS), IN UNITED
STATES FUNDS, WHICH IS AVAILABLE BY YOUR DRAFT AT SIGHT, WHEN
ACCOMPANIED BY THIS LETTER OF CREDIT AND ANY ONE OF THE FOLLOWING
DOCUMENTS:
1. A STATEMENT PURPORTEDLY SIGNED BY THE MAYOR, CITY MANAGER OR
AUTHORIZED REPRESENTATIVE TO THE EFFECT THAT THE CITY IS ENTITLED,, TO
DRAW UPON THE LETTER OF CREDIT PURSUANT TO THE TERMS OF THAT CERTIN:,
MAINTENANCE, MATERIALS AND WORKMANSHIP AGREEMENT BETWEEN THE CiTY'AND
APPLICANT WITH RESPECT TO THE FOLLOWING SUBDIVISION: OCOEE,.:.:1,:ANDAIGS,, OR
2. A STATEMENT PURPORTEDLY SIGNED BY THE MAYOR, CITY MASNAGER"OK.
AUTHORIZED REPRESENTATIVE TO THE EFFECT THAT THE PFRFORMANQE'01?':
APPLICANT'S OBLIGATION UNDER THE MAINTENANCE, MATERIALS AND WORKMANSHIP
AGREEMENT HAS NOT BEEN COMPLETED YET AND THE LETTER,,, -OF CREDIT WILL
EXPIRE WITHIN 30 DAYS FROM THE DATE OF THE DRAWING`WITHOUT BEING
EXTENDED OR REPLACED TO THE CITY'S SATISFACTIONfl:,
Page 1 of 3 1813 17,,b.§_oo_000
�m
PHC Bank, National Association Client Caret 1-OW682-4689 ■�+�''
international Trade Product Deitvery SWIFT Address: PKCCll533 P ■
500 First Avenue- 2nd Floor �••r
Pittsburgh, PA 15219
Fiad&top: P7-PF5C-02-T
SIGNATURE
IDENT
Page 3 of 3 1IV 0`9-00-000
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
PREPARED BY:
Scott A. Cookson, Esq.
Shuffield, LoNvnian & Wilson, P.A.
1000 Legion Place, Suite 1700
Orlando, FL 32801
(407) 581-9800
F.T*-tU-ffZV"@
City Clerk
CITY OF OCOEE
150 N. Lakeshore Drive
Ocoee, FL 34761
(407) 656-2322
For Recording Purposes Only
]DEVELOPERS AND HOMEOWNER,-S ASSOCIATION AGREEMENT
FOR UPGRADED,51—REETLIGHTS
DEVELOPERS AND HOMEOWNERS ASSOCIATION AGREEMENT FOR
UPGRADED STREETLIGHTS (this "Agreement") is made and entered into this - day of
October, 2018, by and among K. HOVNANIAN OCOEE LANDINGS, LLC, a Florida limited liability
company (hereinafter referred to as the "Developer"), whose address is 2301 Lucien Way Suite 260,
Maitland, FL 3275 1; OCOEE LANDINGS HOMEOWNERS ASSOCIATION, INC., a
Florida not for profit corporation (hereinafter referred to as the "Association"), whose address is 2301 Lucien
Way Suite 260, Maitland, FL 32751; and the CITY OF OCOEE (hereinafter referred to as the "City"),
whose address is 150 N. Lakeshore Drive, Ocoee, Florida 34761.
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 by this
reference incorporated herein (the "Property"); and
WHEREAS, for the purpose of developing the Property, the Developer has submitted to the City a
subdivision plan and specifications for a subdivision to be known as Ocoee Landings (the "Subdivision")
approved by the Ocoee City Commission on ; and
WHEREAS, the Developer intends to develop the Property in accordance with the approved
subdivision plans and specifications and desires to include certain specialized street fighting and decorative
poles (the "Upgraded Streetlights"); and
WHEREAS, the Developer is responsible for paying Duke Energy the upfront deposit and
Contribution of Aid in Construction costs (the "Duke Energy Costs") required prior to installation of the
Upgraded Streetlights, and
WHEREAS, the costs associated with the rental, maintenance and fuel/energy charges (the
"Upgraded Streetlight Cost") for the Upgraded Streetlights shall be in excess of the amount paid by the City
for standard street lighting (the "Standard Streetlight Cost") pursuant to the City's agreement with Duke
Energy; and
WHEREAS, the City agrees to allow this type of street lighting by the Developer for use in the
Subdivision provided that the Developer or the Association pays the Upgraded Streetlight Cost to Duke
Energy; and
WHEREAS, the City agrees to pay to Developer or Association the Standard Streetlight cost;
and
WHEREAS, the Developer and the Association desire to memorialize their intent to pay the
additional costs thereof.
NOW THEREFORE, the parties agree as follows:
I I. The Developer shall be installing seventeen (17) streetlights on twenty -two -foot (22') Sanibel
Single PLBC22S decorative poles throughout the Subdivision as designed by Duke Energy and
approved as part of the subdivision plan and specifications.
2. The Duke Energy costs were calculated on Lighting Proposal WR 27918450 (the "Lighting
Proposal"), as executed between the Developer and Duke Energy. The Estimated Monthly Rental,
Maintenance, and Fuel/Energy charges were also detailed on said Lighting Proposal.
3, The Developer acknowledges and agrees to pay Duke Energy the full monthly Upgraded Streetlight
Costs until the end of the calendar year in which control of the Association is turned over to the
homeowners (the "Turnover") as provided in the declaration of restrictive covenants for the
subdivision (the "Declaration"). Thereafter, the Association shall be responsible for payment to
Duke Energy of the Upgraded Streetlight Costs.
4. The Developer and/or the Association shall cause the Declaration to specifically provide that: (i)
the Association shall be responsible for the Upgraded Streetlight Cost after the Turnover; (ii) the
Association shall have the power and authority to assess each lot owner within the Subdivision for
the Upgraded Streetlight Cost, which assessment shall be a lien upon each lot and shall be subject
to foreclosure by the Association in the event of non-payment; and (iii) no termination of the
Declaration shall void the duty of the Association to reimburse Duke Energy for the Upgraded
Strectlight Costs unless specifically allowed in writing by the City.
5. The Developer and/or the Association shall also cause the Declaration to provide that the
Declaration shall not be amended as it relates to the provisions required by Sections 1, 2 and 3 of
this Agreement without the consent of the City evidenced by a written joinder and consent recorded
with any such amendment,
6. The City agrees to pay the Standard Streetlight Cost to the Developer prior to the Turnover and to
the Association after the Turnover on a monthly basis, The City shall not be obligated to make said
payment in the event Duke Energy discontinues streetlight service to the Subdivision,
7. The City may enforce the terms of this Agreement at its discretion, but if the Developer or the
Association breaches any terms of this Agreement and the City does not exercise its rights under
this Agreement, the City's forbearance shall not be construed to be a waiver of such term, or of any
subsequent breach of the same, or any other term of this Agreement, or of any of the City's rights
under this Agreement. No delay or omission by the City in the exercise of any right or remedy upon
any breach by the Developer or the Association shall impair such right or remedy or be construed
as a waiver. The City shall not be obligated to the Developer or the Association, or to any other
person or entity, to enforce the provisions of this Agreement,
8. The Developer shall pay to the City the cost of recording this Agreement in the Public Records of
Orange County, Florida,
2
9. If any part of this Agreement is found invalid or unenforceable by any court, such invalidity or
unenforceability shall not affect the other parts of this Agreement if the rights and obligations of
the parties can continue to be effected. To that end., this. Agreement is declared severable.
10. This Agreement shall run with the Property and be binding upon, inure to and be for the benefit
and burden of the parties hereto and their respective successors and assigns and any person, firm,
corporation or entity who may become the successor in interest to the Property or any portion
thereof.
SIGNATURES TO FOLLOW
3
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:
Print Name:
Print Name
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, APPROVED AS TO FORM
AND LEGALITY, THIS DAY OF
2019.
SHUFFIELD, LOWMAN& ' ILSON, P'.A.
CITY ATTORNEY
STATE OF FLORIDA
COUNTY OF ORANGE
CITY OF OCOEE, FLORIDA
MAYOR
ATTEST:
CITY CLERK
APPROVED BYTHE OCOEE CITY
COMMISSION AT A MEETING HELD ON
2019,
UNDER. AGENDA ITEM NO,
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and
County aforesaid to take acknowledgments, personally appeared
and 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
019.
Notary Public
My Commission Expires:
Notary 'Stamp
4
Signed, sealed and delivered in the presence of,
ess Print Name
V\fiing� Print Marne:
STATE OF FLORIDA
COUNTY OF ORANGE
DEVELOPED
K. HOVNANIAN OCOEE LANDINGS
a Florida limited lioillity company
By Print NaF4 . .I
,As its,-. Division President
I 14EREBY CERTIFY that on this day, before me, an officer duty authorized in the State and
County aforesaid to take acicnowledgments, personally appeared, Ky
le Upper ('wjj(2js_pets qna1I:y lcnowrn 'to-,
—11S)OF Who provided as identification, as Division President of K. Hovnanian coce
Landings, a Florida limited liability company, and that he acknowledged executing the same freely and
voluntarily under authority duly vested in him,
Witness my hand and official sea] in the County and State last aforesaid this day of
20 19
-,TifTe: Notary Public
[NOTARY STAMP] My Commission Expires:
.p'( 1104y" wtary Public Stalo of Florida
$wan Ktlftt
my c W Pw(piroa 02/2112021
0
Signed, sealed and delivered in the presence ence of:
. . . . ............ . .....
- ----------
,(,.,—VVifriess Print Name �"Oel
vev
Wftness, Print Name:
STATE OF FLORIDA
COUNTY OF ORANGE
OCOEE LANDINGS HOMEOWNERS
ASSOCIATION, INC.
We
Print Name:
As its: Home Owners Association President
I HEREBY CERTIFY that on this day, before rne, an officer duly authorized in the State and
County aforesaid to take acknowledgments, personally appeared
who
produced as identification, as the President Ocoee Landings
Homeowners Association, Inc., a Florida not for profit corporation, and that he/she acknowledged
executing the same freely and voluntarily under authority duly vested in him/her 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
ff1e;z'-V- 2019.
_Titr&: Notary Public
My Commission Expires:
[NOTARY STAMP]
'Aq-y P r Notary Public State of Florldi
My Coauidstilm GO 04204
EXPIMS 02/21/2021
A
1`,.Xl1.1l71,t " h "
(The "Property")
A TRACT OF LAND LYING IN SECTION 16, TOWNSHIP 22 SOUTH, RANGE 28 EAST, BEING A PORTION OF LOT 14,
LAKE JOHIO SHORES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK Q, PAGE 54 OF THE
PUBLIC RECORDS OF ORANGE COUNTY„ FLORIDA AND A PORTION OF THE VACATED RIGHT-O,F-WAY OF AZALEA
RANCH LANE AND A PORTION OF VACATED JOHIO SHORES ROAD, ACCORDING TO DOCUMENT NUMBER
20170256624 OF SAID PUBLIC RECORDS„ DESCRIBED AS FOLLOWS:
BEGINNING AT A NAIL AND DISK (LB #6393) MARKING THE INTERSECTION OF THE CENTERLINE OF AZALEA
RANCH LANE WITH THE CENTERLINE OF JOHIO SHORES ROAD AS SHOWN ON THE PLAT OF JOHIO BAY
SUBDIVISION, AS RECORDED IN PLAT BOOK 28, PAGE 2„ OF THE PUBLIC RECORDS OF ORANGE COUNTY,
FLORIDA; THENCE RUN SOUTH 00°02'05" WEST, ALONG SAID CENTERLINE OF JOHIO SHORES ROAD, ALSO
BEING THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 16, A DISTANCE OF 330.54 FEET TO THE
TO THE (INTERSECTION OF SAID CENITERLINE WITH THE NORTH RIGHT-OF-WAY LINE OF STATE ROAD #438,
(SILVER STAR ROAD) ACCORDING TO FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP,
SECTION 75250-2525„ BEING A POINT ON A NON -TANGENT CURVE CONCAVE NORTHWESTERLY; THENCE RUN
SOUTHWESTERLY, ALONG SAID RIGHT-OF-WAY LINE AND SAID NON -TANGENT CURVE, HAVING A RADIUS OF
828.74 FEET, A CENTRAL ANGLE OF 35°43'52", AN ARC LENGTH OF 516.82 FEET, A CHORD LENGTH OF 508.49
FEET AND A CHORD BEARING OF SOUTH 71030'24" WEST TO THE POINT OF TANGENCY; THENCE RUN
SOUTH 89°22'20" WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, 588.11 FEET; THENCE DEPARTING SAID
NORTH RIGHT-OF-WAY LINE, RUN NORTH 00®04'52" WEST, 220.67 FEET; THENCE RUN SOUTH 89°35'36" WEST,
348.07 FEET; THENCE RUN NORTH 00°24'24"' WEST, 90.17 FEET TO A POINT ON A NON -TANGENT CURVE
CONCAVE SOUTHWESTERLY; THENCE RUN NORTHWESTERLY, ALONG SAID NON -TANGENT CURVE, HAVING A
RADIUS OF 65.00 FEET, A CENTRAL ANGLE OF 66°12'26", AN ARC LENGTH OF 75.11 FEET„ A CHORD LENGTH OF
71,00 FEET AND A CHORD BEARING OF NORTH 33039"20" WEST; THENCE RUN NORTH 00°24'25" WEST, NON -
TANGENT TO SAID CURVE, 7.51 FEET; THENCE RUN SOUTH 89035'35°" WEST, 21.22 FEET; THENCE RUN
NORTH 0002425" WEST, 112.94 FEET TO A POINT LYING ON THE CENTERLINE OF SAID AZALEA RANCH LANE AND
THE SOUTH LINE OF WILLOWS ON THE LAKE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK
48, PAGES 35 AND 36 OF SAID PUBLIC RECORDS; THENCE RUN NORTH 89035'36" EAST, ALONG SAID CENTERLINE
AND ALONG SAID SOUTH LINE AND THE EASTERLY EXTENSION THEREOF, 1480,98 FEET TO THE POINT OF
BEGINNING.
THE ABOVE (DESCRIBED TRACT OF LAND LIES IN ORANGE COUNTY„ FLORIDAAND CONTAINS 13.80 ACRES MORE
OR LESS.
7