The URL can be used to link to this page

Home My WebLink AboutIII (I) Approval and Authorization for Mayor and City Clerk to Execute Developers and Homeowners Association Agreement for Upgraded Street Lights for Bookstone Unit 3 Agenda 4-16-2002 Item Ill I "CENTER OF GOODLIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER O� Ocoee T S. SCOTT VANDERGRIFT / 0 CITY OF OCOEE COMMISSIONERS +� p, LAKESHORE 150 N. DRIVE DANNY HOWELL oSCOFF ANDERSON r> '.. OCOEE, FLORIDA 34761-2258 RUSTY JOHNSON 2 41f4 OF GOOD (407) 905-3100 NANCY J. PARKER CITY MANAGER JIM GLEASON MEMORANDUM DATE: April 9, 2002 TO: The Honorable Mayor and Board of City Commissioners FROM: James W. Shira, P.E., City Engineer/Utilities Director SUBJECT: Developers and Homeowners Association Agreement for Upgraded Street Lights Brookestone Unit 3 Brookestone Unit 3 is a 92 lot single-family subdivision located west of Maguire Rd., south of the Florida Turnpike. The developer intends to install upgraded street lights in this subdivision. In accordance with Ocoee Municipal Code, the developer and homeowners association are required to enter into an agreement with the City regarding payment of the difference in cost between standard street lights and upgraded street lights. Attached for your consideration is the City's standard Developers and Homeowners Association Agreement for Upgraded Street Lights. This Agreement requires that the difference in cost between standard street lights and the proposed upgraded street lights be paid by the homeowners association, and that this payment be a specific provision of the Declaration of Covenants, Conditions and Restrictions for the subdivision. I recommend that the City Commission authorize the Mayor and City Clerk to execute the Developers and Homeowners Association Agreement for Upgraded Street Lights for Brookestone Unit 3. JWS/jbw Attachment POW! DEVELOPERS AND HOMEOWNERS ASSOCIATION AGREEMENT FOR UPGRADED STREET LIGHTS This Agreement,entered into this S day of i-p2 r L_ ,2002. by and between Centex Homes,a Nevada corporation,herinafter referred to as Developer; Brookcstone Homeowners Association, a Florida non profit corporation, hereinafter referred to as Association, and the City of Ocoee, hereinafter referred to as City. WCINESSETH: 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 he known as Brookestone Unit 3; and WHEREAS,the Developer intends to develop the subject property in accordance with the approved subdivision plans and specifications, including certain specialized street lighting including 22 Ocala-380 fixtures and 22 16" Victorian-499 poles:and WHEREAS, in order to install said street lighting it will be necessary to install one Ocala-380 type street light for every one conventional fixtures to obtain the same illumination: and WHEREAS,the cost and maintenance of said street lights and poles 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 the Brookestone Unit 3 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 TI IEREFORE. the parties agree as follows: I. The Developer hereby agrees that the Declaration of Covenants Conditions and Restrictions for Brookestone Unit 3 shall specifically provide that he Association shall be responsible for the additional cost of street lighting that is over and above that paid for the the City and shall reimburse the City of Ocoee said additional cost plus as 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 Brookestone Unit 3 shall not be amended as it relates to the duty the additional cost of street lighting and the lien and enforcement provisions thereof,without consent of the City, and further agrees to he 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 administrative costs set forth above. 3. The Developer upon the execution of the 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 properly 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 sinned as of the date and year first above written. SIGNED, SEALED, AND DELIVERED IN CITY OF OCOEE, FLORIDA THE PRESENCE OF: MAYOR Witness ATTEST: Witness City Clerk APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON , 2002, UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, APPROVED AS TO FORM AND LEGALITY, THIS DAY OF , 2002, FOLEY & LARDNER BY: CITY ATTORNEY DEVELOPE CENTEX • By: __ _ _—vzT"Yz As its: tr bPfna-met,'tt,c2 (SEAL) Developers and Homeowners Association Agreement for Upgraded Street Lights ASSOCIATION: H1OOKESTONE • ' — � - HOMEOWNERS ASSOCIATION, INC. Witness �,pQ ': / ' By:reewe O/'o�ns< _ �n4n1Lt J a��QYa._ J Witness FQ.1A7K- kl .�AEJ Yi , Il (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 aclmowledgments, 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 , a002. Notary Public My Commission Expires: 3 C06.244981.1 STATE OF Ao,=• .],9— COUNTYOF �CJdVA-oc.E I HEREBY CERTIFY that on this day,before ne•an officer duly authorized in the State and County aforesaid to take acknowledgments,personally appeared 2, -_O,/S,t•,rN .i.<- personally known tome.nr:Who provided as identification,as the z Y. fLtR-iserc,c^ of Centex Homes, a Nevada cotporation,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, and who did not take an oath. WITNESS my hand and official seal in the Comity and State last aforesaid this C day of 6_ -t- (_:- . 2002. P G.:AGF ygh o TFq '� 4�ts12Fr`i•• . / a c ems.• ag otaryy�u is '. '- t1 s Sat -.< : s • gDuozo; My Commission Expires: ue•.•, :;a� r ••:,Le r,,,. STATE OF (—leg 't,}-- COUNTY OF SLED`"`a`C I HEREBY CERTIFY that on this day, before rr e, an officer duly authorized in the State and County aforesaid to take acknowledgments,personally appeared k o:,t C L ,,—E dt Ate F- 7, personally known to m , or who produced as identification, as the - ,1G rr-ti.yj of the Brookestone homeowners Association,a Florida non profit 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. WITNESS my hand and official seal in the County and State last aforesaid this S day of 7-r •,c' ,2002. --� ,. v \px�c,CHlAGE•147, Not nkeitblic �v9x\2: an's qN;• o* : o.a : c. My Commission Expires: ODDC2DIW :g -,• h 6„„ito 4 oQ`� i-7,9,•4hq conk• ck