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Home My WebLink AboutV (F) Approval and Authorization for Mayor and City Clerk to Execute Agrement for Wellington Place Developers and Homeowners Association for Upgraded Street Lights wellington_streetlights Page I of 1 Agenda 8-05-2003 Item V F MEMORANDUM DATE: July 28, 2003 TO: The Honorable Mayor and Board of City Commissioners FROM: Rosanne M. Gavrilovic Engineer 1 THROUGH: David Wheeler, P.E. Director of Public Works SUBJECT: Agreement for Upgraded Street Lights for Wellington Place Subdivision The following is the Developers and Homeowners Association Agreement for Upgraded Street Lights,which Wellington Ocoee, Inc. is requesting the City Commission execute for Wellington Place Subdivision. They had originally requested the standard street lights from Progress Energy, however,the upgraded lights were installed by mistake. The Developer is currently being billed for the lights and will pay for the entire first year in accordance with the City's Street Lighting Ordinance. At that point the Homeowners Association will take over the payments for the upgraded lights,with the City paying for the standard lights. I recommend the City Commission approve and execute the Developers and Homeowners Association Agreement for Upgraded Street Lights for Wellington Place. file://Y:APublicWorks\wellington_streetlights\wellington_streetlights.htm 7/30/2003 Jul 29 03 12: 18p Business 407-839-6020 p. 2 07/25/2003 12:09 40/6561B35 ENGINEERING PAGE 02 DEVELOPERS ANDJiOMEOWNERS ASSOCIATION AGREEMENT FOR UPGRADED STREET LIGHTS This Agreement, entered Into this day of 1R- , by and between IUJEL1—In1GTO.0 OCOEE lnlC hereinafter referred to as Developer; LJE tet_ OCD Et- HQA, StiC 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, mare 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 WELLI ti3 G ro.o PLA CC :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 It 71 be necessary to Install 13 type street lights for every I conventional fixtures to obtain the same illumination;and WHEREAS,the cost and maintenance of the type street lights is in excess of the amount paid by the City for street lighting pursuant to the City's agreement wilh Florida Power Corporation;and WHEREAS,the City Is In agreement to allow this type of street lighting by the Developer for use In wet-LIIJ GTO,J PLACE 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 thereon. NOW THEREFORE,the parties agree as follows: 1. The Developer hereby agrees that the Declaration of Covenants Condtlons and Restrictions for PLAC t- shall speclecalty 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 (1D)percent d the additional costs and that said Association shall have the power and authority to assess each lot weer within said subdivision,which said assessment shall be a Iles upon each lot and shah 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 tor La YLACC shall no be amended as it relates to the duty to pay the additional cost of sheet lighting and the Ilen and enforcement provisions thereof,without consent of the City,and further agrees to be responsible for the additional costs of steel Nghdng over end above that paid for by the Chy 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 t Jul 29 03 12: 18p Business 407-839-6020 p. 3 u//25/2003 12:09 4076567935 ENGINEERING PAGE 03 Developers and Homeowners Association Agreement for Upgraded Street Lights 4. This Agreement stall 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 Indbeclly to the subject property. IN WITNESS WHEREOF,the parties hereto have caused these presents to be signed as or the date and year first above written. SIGNED. SEALED, AND DELIVERED CIT'OFOCOEE FLORIDA IN THE PRESENCE OF: Witness MAYOR ATTEST. Witness City Clerk APPROVED BY THE OCOEE CITY COMMISSION ATA 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 • t9 FOLEY&LARONER BY: CITY ATTORNEY DEVELOPER: bi3E C.L.. J Weiss By' e r<y e As its: /LC% CL- 5 K004, k. (SEAL) FORM-12 2 Jul 29 03 12: 18p Business 407-839-8020 p. 4 • onevznuj 12:a9 /076567835 ENGINEERING PAGE OG DevoloperS and Homeowners Association Agreement for Upgraded Street Lights ASSOCIATION: 1t• -) AT OcD ROA S,�G By: Witness a 5 Io As its: �/Ll= y wrt L am:s eke (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 M 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 Jul 29 03 12: 113p Business 407-839-6020 p. s uii u/1UO] 12:N9 4076567E135 ENGINEERING PAGE 05 Developers and Homeowners Association Agreement for Upgraded Street Lights STATE OF FLA COUNTY OF 02_prN Ca I HEREBY CERTIFY that on this clay,before me, an Mc duly authorized in the State end County aforesaid to take acknowledgrmenterVe peered FiAp12_� S G q"- .z.)tL'h1OS�I �1� �, sonaliy known to or who provided as Identification, as the f L t 0 el°— /-t—Oo r7 nMa J LA Cog-p and that he executing the same freely and voluntarily under authority duly vested In him by said(1n20o4-rate o,-) and that the seal affixed thereto Is the true corporate seal d such corporation, and who did not take an Oath. oWRNESS my hand and official seal In the County and Slate last aforesaid this za rti day of II Jeffrey A. Sedloff bile S+''�.c %Commission#DD228303 ; 'V Expires:Jul 01,2007 o";�wnn`:•'` Bonds Thru My Commission Expires: Atlantic Rolling Co.,Inc. STATE OF �L R COUNTY OF ( .a -)GE I HEREBY CERTIFY that on this day,before me, an officer duly authorized In the State and County doreaaid to take aoknowied m en;pr1971 „6aced HAA_f -r S K(yJ(% , oral known to e o,who produced `1CO�S�t Identification,as the I r of OCI.U.Ata7wAy-QccE5ylP'4 bate- ' ,€ as and that he acknowledged executing the same freely and voluntarily under author' oy ilt b by v, said ASSr c1 Art o, ) and that the seal affixed thereto Is the true corporate seals such corporation. YATNESS my hand and official seal in the County and State last aforesaid this [Ad 1 ,�g20o3 day of �� JeffreyA. Sedloff Notary . =F :Commission ODD228303 My Commission Expires: [� ' Expires:Jul 01,2007 a.ge.. Bonded Thtu Atlantic Bonding Co.Inc. FORM-12 4