The URL can be used to link to this page

Home My WebLink AboutIII (B1) Approval of the Reservation Unit Two Upgraded Street Lighting Agreement Agenda 02-05-2002 Item III B 1 "CENTER OF GOOD LIVING-PRIDE OF WEST ORA NGE" MAYOR•COMMISSIONER Ocoee S. SCOTT VANDERGRIFT °% OIS ®�o CITY OF OCOEE COMMISSIONERS — ald1 150 N. LnKLSIIORLDRIVI: DANNY HOWELL SCOTI'ANDERSON �0 OCO[e,FIORIDA 90S 34761-2258 RUSTY JOHNSON re (407)905-3100 NANCY J. PARKER ��OF GOOO♦� CITY MANAGrR JIM GLEASON MEMORANDUM DATE: January 8, 2002 TO: The Honorable Mayor and Board of City Commissioners FROM: Rosanne M. Gavrilovic/7 - EngineerI pp THROUGH: James W. Shim, P.E. y City Engineer/UtilitiVssl Director SUBJECT: Agreement for Upgraded Street Lights for Reserve— Unit Two The following is the Developers and Homeowners Association Agreement for Upgraded Street Lights, which Better Built Investment Inc. is requesting the City Commission execute in order to install an upgraded lighting design at the Reserve— Unit Two. Also attached is the calculation by Florida Power of these upgraded lights, which will be paid by the Homeowners Association. 'the first year's payment for the lights has been received by the City, in accordance with the City's Street Lighting Ordinance. I recommend the City Commission approve and execute the Developers and Homeowners Association Agreement for Upgraded Street Lights for the Reserve Unit 2. Pant FROM BETTER BUILT HOMES PHONE NO. : 407432/145 Jul. 17 2001 11:14011 P2 �1 ~}r Florida • ,..., power YyK r • I' CORPORATION JUL i 7 2001 April 5,2001 Better Built Investments 7600 Southland Blvd. Suite 100-321 Orlando,FL. 32809 Attn: John Marsan RE: Streetlight differential for Spring Lake Subdivision Per your request I have prepared a lighting design for the above referenced subdivision that is a continued phase of the Reserve. I have broken down a monthly cost differential for the standard luminaires and poles vs. the decorative luminaires and poles per your request. The breakdown is as follows: 26— 100 watt Sebring®$9.25ea. $240.50 26— 16' Decorative smooth concrete poles @ $638ea. $ 165.88 Total for decorative lights and poles $406.38 26— 100 watt Roadways(a7,$5.71ca. $ 148.46 26—30' standard concrete poles '✓$3 22ea. $ 83.72 Total for standard lights and poles $232.18 Difference: $406.38 - S232.18=$174.20 indefinitely per month by Dev./l-IOA If you have any questions please contact me @(407)646.8540. Sincerely, g Rich Freyser Sr.Eng. Representative fl 'Y APOPKA OPERATIONS A Florida Progress Company 275 Ponkan Road•Apopka, Florida 32712 0097 63-1322/631 07 DATE D11 24-U` ;'I PAY 1 P ORDER of 1bL,R Tt)OJSet+L i) _ 61 �t {lbvR2o-q St✓ �[Lr T °DOLLARS " ;i. COLONIALM N BANK — ss u 2710 NOF ORANGE BLOSSOM TPA MMEE FLOP GA 3<) [ 70 W. k Ban na ColI BOO 22543643 FOR— _ _ _ __ _ _ __ __ G ,ti .3,, DEVELOPERS AND HOMEOWNERS ASSOCIATION A MENT 2.21 FOR UPGRADED STREET LIGHTS -T . 1 This Agreement, entereQ into this a3 day of -co Li ,9.941 , by and between /3eY rC polo. Ave S-74 t','it /6t , hereinafter referred to as Developer; 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 Ogee.? a subdivision plan.and spec ' tions for a subdivision to be known as Ut/:, (f= J ; 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 NHEREAS, in order to install said street lighting will be necessary to install `S3, V.N1y` `S 7.1\U C> type street lights for every kit, Vic L4tUt- conventional fixtures to obtainr the same illumination;'and S M^' eckni�ft, (""try k „pnk ivy \' "S • • WHEREAS, the cost and maintenance of the \GJ '@'At� �r�St N C, tiff), 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 ' he— (Le Se&JG- Qui\tc , - 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 nY3th'e^Declaration of Covenants Condtions and Restrictions for 7l t- RE re-tut; V" 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 Its a eseaK' /994.1& Z. 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 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 CITY OF OCOEE, FLORIDA IN THE PRESENCE OF: MAYOR Witness ATTEST: Witness City Clerk • 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:E • &r „,nj ivdelrhf /tt Lez__ • ness As its: 1f!)aft fitness (SEAL) FORM-12 2 Developers and Homeowners Association Agreement for Upgraded Street Lights ASSOCIATION: -fb 2es — oN . itnem ,-'As its: P11C310074-41- 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: FORM-12 3 • Developers and Homeowners Association Agreement for Upgraded Street Lights STATE OF CIICYI �Q COUNTY OF nia.hce I HEREBY CERTIFY that on this day, before me, an officer dulyauthorized in the State and County aforesaid to take acknowledgments, personally appeared_)earl I(b. ^n persoll�t k own to me Dr w o rovid FU I'rJd 5- ybc Sias i�enfication, as the t eAJe kr—cc vmfeSid+r1of VSr V Rutk rvv25, (eciek€r °�vehind that he acknowledged executing the same freely,And voluntarily under authority duly vested in him by said and that the dddl affixed thereto Is the true corporate seal of such corporation, and who did not take an oath. NITNESS my hand and official seal in the County and State last aforesaid this 0''14 I day of `W i ,497-D0j Notary Public My Commission Expires: Melanie S Mann * }My Commission CC767125 � e Expires August 13,2002 STATE OF El0rldR COUNTY OF c v,niC- I HEREBY CERTIFY that on this day, before me, an officer duly,.authorized in the State and County aforesaid to take acknowledgments, personally appeared .}CAr1 mo`-" personally known to me, or who roduced Eul frlfa-C--tdb0-c,-Ya1 d identification, as the Vres'ka r1 - of The SerVC Oft , an s°ri cc)-Io'n , and that he acknowledged executing the same freelyRld voluntarily under authority duly vested In him by said and that the seal affixed thereto is the true corporate seal of such corporation. irk WITNESS my hand and official seal in the County and State last aforesaid this 2Y' k day of }g 200.) Notary Public My Commission Expires: 5 ar%Melanie S Mann { }My Commission CC767125 -Se.,. Expires August 13,2002 FORM-12 4 "'CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMIssoNFR Ocoee S. SCOFF VANDERGRIPT %, CITY OF OCOEE NMMisRpiaNER �► 7. a DANNYIIOWFLL 150 N. LAKhoHoRE DRIVE o SCOTTANDERSON �� OCOFE, FI ORNA 34761-2258 RUSTY JOHNSON 4Fq (407)905-3100 NANCY J. PARKER OF Gan cut MANAGER JIM GLEASON Memorandum To: Wanda Horton From: Rosanne M. Gavrilovicfrf"; Date: August 8, 2001 Re: The Reserve Phase II Street lighting The following is a check for$4876.56 (calculated from the estimate prepared by Florida Power Corp.) for the upgraded street lights at the above referenced subdivision. Also included is a copy of the Developers and Homeowner's Association Agreement for Upgraded Street Lights, which will go on the City Commission agenda for execution. Please let me know if you have any questions. Thank you. POW! Protect Ocoee's Water gowns