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Home My WebLink AboutV (E) Approval and Authorization for the Mayor and City Clerk to Execute the Developers and Homeowners Association Agreement for Upgraded Street Lights with Windstone at Ocoee, Inc. Agenda 6-17-2003 Item V E Center of Good G Mayor �be Li..., Commissioners S. Soil Vandergrifl .an.n Danny Howell. District I Scott Anderson. het l (lilt Manager n Rusty Johnson. District S Jim Gleason - Nancy el._ Parker. Psi ricl.4 MEMORANDUM DATE: June 9, 2003 TO: The Honorable Mayor and Board of City Commissioners FROM: Rosanne M. Gavrilovi , Engineer I THROUGH: David Wheeler, P.E. Director of Public Works SUBJECT: Agreement for Upgraded Street Lights for Windstone at Ocoee Subdivision The following is the Developers and Homeowners Association Agreement for Upgraded Street Lights, which Windstone @ Ocoee, Inc. is requesting the City Commission execute in order to install an upgraded lighting design at Windstone at Ocoee. The first year's payment for the lights has been received by the City, in accordance with the City's Street Lighting Ordinance and the Homeowners Association will take over the payments for the upgraded lights from that point. I recommend the City Commission approve and execute the Developers and Homeowners Association Agreement for Upgraded Street Lights for Windstone at Ocoee. City of Ocoee• I50 N Lakeshore Drive • Ocoee. Florida 34761 phone: (407)905-3100• fax: (407)656-8504 •www.ci_ocoec.f1.us DEVELOPERS.AND hQMEOWNERSASSOCIATION AGREEMENT FOR UPGRADED STREET LIGHT$ This Agreernerrt, entered into this_ day of , s4 , by and between Wrndstone at Ocoeei Inc. hereinafter referred to as Developer; W;nsi-one 4 Ocoee FI(ONNtoweters , SC OC'Ca1-;o,n hereinafter referred to as Association, and the CITY OF 000EE, 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 Wrnds+ene of Ocoee ; 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 WHEREAS, In order to Install said street lighting ft will be necessary to install o c c l a type street lights for every I conventional fbdures to obtain the same illumination; and WHEREAS, the cost and maintenance of the OcA la type street lights is in excess of the amount paid by the City for street lighting pursuant to the Ctys 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 11�rr3s4f-one at Ocoee 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 Condtlons and Restrictions for winds+one nh Ocoee 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 end 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 assiggns agrees that the Declaration of Covenants Conditions and Restrictions for 11.l;vv1,54o At fir U Coee shall not be amended as it relates to the duty to pay the additional cost of street lighting and the lien and enforcement pro islons 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 STATE OF Flor; da COUNTY OF Ora I HEREBY CERTIFY that on this day, before me, an officer duly authorized In the State and County aforesaid to take acknowledgments, personally appeared RobertNols'For , personally known to me, as-identification, as the Prey:davit of W1nbc}one n OCtee,.Jnc , a Floc:So Corper+0e, , and that he acknowledged executing the same freely and voluntarily under authority duly vested In him by sad Wi..tleitip‘e A- Ocoee,(ec. and that the seal affixed thereto is the true corporate seal of such corporation, and who did not take an oath. et WITNESS my hand and official seal in the County and State last aforesaid this 21 day of o e b r , 4s7m2. Notary is •••„ Jeffrey Selloff My Commission Expires: CE.piresl June on 25,20035 ;;� dnP,' Bonded Thru '• ,n•• Atlantic Bonding Co.,Inc • STATE OF F-(Cr;da COUNTY OF Or o,vSJoe I HEREBY CERTIFY that on this day, before me, an officer duly authorized In the State and Couty aforesaid to take acknowledgments, personally appeared Robert 1-Ic�Ston personally known to me, oc-who-pre4ueed- -ea-- idemffication, asthe Preatdtini of W,nkfone a Ocoee Noh , a Flcrda Ca rPora><kn, and that he acknowledged executing the same freely and voluntarily under authority duly vested In him by said lu:+.dsln+e a1 Ocoee, bO A and that the seal affixed thereto Is the true corporate seal of such corporation. s} WITNESS my hand and official seal In the County and State last aforesaid this Z 1 day of Nov eMbtr , }92002, Notary Pu+ ,r Jeffrey Selloff My Commission Expires: r. Commission:M CC 835045 1 ,) Expires June 25,2003 _. Bonded Thru Atlantic Bonding Co.,Inc. FORM-12 4 Developers and Homeowners Association Agreement for Upgraded Street Ughts ASSOCIATION: w*^ds+°"e °� CC-pee �U�R By: 2oberT \ . 1-1o)sitn Witness e rey A- Sedto As its: President Wit 45 opker L. a,�;4sk, (SEAL) STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly�uthorized 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 Pudic My Commission Expires: FORM-12 3 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 CtiY CF CCCFEE FLCPoaA IN THE PRESENCE OF: MAYOR Witness ATTEST: Witness City perk 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: Wi ndsl'one afC cacti AC. By: Robert NI . 1Aoksbr Witness ey/A- Sec) 1° y a Ste; L7/ II i M As Rs: Pres;dery Wit ess r; +opker L. ka (SEAL) FORM-12 2