The URL can be used to link to this page

Home My WebLink AboutV(B) Approval and Authorization for Mayor and City Clerk to Execute Final Plat of Kensington Manor Subdivision Agenda 02-03-2004 ItemVB&Bl Mayor S. Seott Vandergrift ceuter of Good L . <\~e ll?i'bo Commissioners Danny Howell, District I Seott Anderson, District 2 Rusty Johnson, Distriet :3 Nanc~' ,1. Parkl~r, Distriet 4 City l'vlanager .Jim Gleason STAFF REPORT TO: The Honorable Mayor and Board of City Commissioners FROM: Alex Z, Nasser, P,E. ~ Staff Engineer THROUGH: David A Wheeler, P .E. Public Works Director DATE: January 27,2004 SUBJECT: Approval of the Kensington Manor Plat ISSUE: The Public Works Department requests that the Ocoee Mayor and City Commission approve the plat for the Kensington Manor Subdivision. BACKGROUNDIDISCUSSION This plat is for the Kensington Manor subdivision (f.k.a. McElroy Place), which consists of 127 unit single family residential development. Kensington Manor lies on the southeast corner of the intersection of W. McCormick Road and future Clarke Road and abutting the north and northwest shores of Trout Lake. All required documentation pertaining to the platting of this development has been reviewed and approved by City staff The developer and/or the Home Owners' Association agreed to pay the additional amount of money that exceeds what the City of Ocoee normally pays for street lighting in order to install upgrade street lights. Attached is the Developer's and Home Owners' Association Agreement for the Upgraded Street Lights. The developer has posted a Performance Bond in the amount of 115% of cost of the uncompleted work. The value of that bond is $1.7 million. This is a standard requirement in platting a development prior to the completion of all construction. The two-year Maintenance Bond will be furnished to the City at the time of Certificate of Completion. City of Ocoee . 150 N Lakeshore Drive. Ocoee. Florida 34761 phone: (407) 905-3100 . fax: (407) 656-8504. www.ci.ocoee.f1.us RECOMMENDATION Staff recommends that the City Commission approve the final plat of Kensington Manor as submitted and authorize the Mayor and City Clerk to sign the Plat and execute the attached Developer's and Home Owners' Association Agreement for the Upgraded Street Lights. CITY OF OCOEE DEVELOPERS AND HOMEOWNERS ASSOCIATION AGREEMENT FOR UPGRADED STREET LIGHTS d ....,9. J/." q This Agreemenf, entered into this _ day of G.-v...\.A-(;''';J , 20~, by and between LI:: ro '--'lG.L1l:.... LLC , hereinafter ferred to as Developer; (( 1 ./ (),-"Vf.w.Jn;tJ Jfcc...~ L.:" , hereinafter referred to as Association, and the CITY OF COEE, 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 .he "'-S''J1.v^- YlO-i.Ao( ; 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 r ,,' WHEREAS, in order to install said street lighting it will be necessary to install L..A-- 0 ~ type street lights for every (,LQ ll:::; conventional fixtures to obtain the same illumination; and WHEREAS, the cost and maintenance ofthe GL - () lot f10J ~l'b 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 v--S "II\. t 1M f subdivision provided that the additional cost thereof is paid for y 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 l4-ls 1."'- Ilvl r shall specifically provide that the Association shall be responsibl 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, "ts successors a assign~ agrees that the Declaration of Covenants Conditions and Restrictions for '!. 1.-" - t t" ~ f 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 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 MAYOR Witness ATTEST: City Clerk Witness APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON . 20 _, UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, APPROVED AS TO FORM AND LEGALITY, THIS _ DAY OF 20_. FOLEY & LARDNER BY: CITY ATTORNEY ~~ Witness DEVELOPER: D _~<-r;'.f7;>f do-ce LLc By: ft2IAA~..,Q~ PJ.--S Asits:kL {PrpMd.'(NLti~'J }le ~_.I (SEAL) FORM-12 2 Developers and Homeowners Association Agreement for Upgraded Street Ughts ASSOCIATION: I Jt~ i/JiJ. ~ Witness , , By: ~~ r 1 /?-<'S(~ As its: (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 Clark, 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 ,20__ day of Notary Public My Commission Expires: FORM-12 3 Developers and Homeowners Association Agreement for Upgraded Street Lights STATE OF ~1O(0 OA- COUNTY OF ~Q1\~E... I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid ~ lake acknowledgments, personally appeared 'EDmutJO 2r.bJ ,~rsonally known to me'nr who provmd as identification, as the. 5"-,.. of -rf\'\.J...mAtJ 'cJ('l.p, a ~1or lYf~d that he acknowledged executing the same freely and voluntarily under authority duly vested in him by said and that the seal affixed thereto is the true corporate seal of such corporation, and who did not take an oath. d I\lD day of Notary Public (.). KATIE F, THOMPSON . P\My Comm &p. 10115/05 '.' No, 00 044023 P~~'I~IO My Commission Expires: (~ STATEOF_~_ COUNTY OF OO~E- I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County af~sajd,-.. _ v G::2~c;. , take acknowledgments, personally appeared ill~~ ~Cl~personallv known to me, or who produced as identification, as the \J p of A^ ~Lf , a ,and that he acknowledged executing the same freely and voluntarily under authority duly vested in him by said and that the seal affixed thereto is the true corporate seal of such corporation. ')fJO ~ WITNESS my hand and official seal in the County and State last aforesaid this ""-J' day of Jt}~ ,20~. My Commission Expires: / OJ {S:(Or- FORM-12 4