HomeMy WebLinkAboutItem #07 Prairie Lake Reserve Plat Approval
AGENDA ITEM COVER SHEET
Meeting Date: June 5, 2007
Item # 1
Contact Name:
Contact Number:
Steve Frey
407 -905-3100 ext. 1547
Reviewed By:
Department Director:
City Manager:
Subject: Prairie Lake Reserve Plat Approval
Background Summary:
This plat is for the Prairie Lake Reserve development which is 15.87 acres and located on the
northeast corner of Clarke Rd. and A.D. Mims Rd., which consists of 168 town homes and
associated amenities. With all new developments, the City is requiring the traffic enforcement
agreement to be placed into effect at the time of platting or prior to the construction of homes.
Additionally, an agreement is required for upgraded streetlights.
Issue:
The Engineering Department requests that the Mayor and City Commission approve the plat, traffic
enforcement agreement, and upgraded streetlight agreement for the Prairie Lake Reserve
residential development.
Recommendations
City Staff recommends approval of the plat, traffic enforcement agreement, and upgraded streetlight
agreement for the Prairie Lake Reserve development as submitted and to authorize the Mayor and
City Clerk to sign the plat.
Attachments:
Mylar Plat, Traffic Enforcement Agreement, and Upgraded Streetlight Agreement
Financial Impact:
Type of Item:
D Public Hearing
D Ordinance First Reading
D Ordinance First Reading
D Resolution
I:8J Commission Approval
D Discussion & Direction
For Clerk's Deot Use:
D Consent Agenda
D Public Hearing
D Regular Agenda
8' Original Document/Contract Attached for Execution by City Clerk
o Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by (Planning)
D N/A
D N/A
D N/A
CITY OF OCOEE
DEVELOPERS AND HOMEOWNERS ASSOCIATION AGREEMENT
FOR UPGRADED STREET LIGHTS
This Agreement, entered into this _ day of , 2006, by and
between PARK SQUARE ENTERPRISES, INC., a Florida corporation, whose address is 5200
Vineland Road, Suite 200, Orlando, Florida 32811, (hereinafter referred to as Developer);
PRAIRIE LAKE RESERVE COMMUNITY ASSOCIATION, INC., A Florida not-for-profit
corporation, whose address is 5200 Vineland Road, Suite 200, Orlando, Florida 32811,
(hereinafter referred to as the "Association"), and the CITY OF OCOEE, (hereinafter referred to
as the "City").
WITNESSETH:
WHEREAS, the Developer owns and desires to develop certain real property located in
the City ofOcoee, 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 PRAIRIE LAKE RESERVE; 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 will be necessary to install fifty-nine
(59) Sanibel type streetlights for every fifty-nine (59) conventional fixtures to obtain the same
illumination; and
WHEREAS, the cost and maintenance of the Sanibel type streetlights is in excess of the
amount paid by the City for street lighting pursuant to the City's agreement with Progress
Energy of Florida; and
WHEREAS, the City is in agreement to allow this type of street lighting by the
Developer for use in PRAIRIE LAKE RESERVE 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 Conditions and
Restrictions for PRAIRIE LAKE RESERVE 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
0038106\119841\1003852\2
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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 PRAIRIE LAKE RESERVE 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.
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
Print:
MAYOR
ATTEST:
Print:
City Clerk
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
0038106\119841\1003852\2
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Prinlf!~~f?J t;:~
~Mt:;::'~~r:I.,a
DEVELOPER:
PARK SQUARE ENTERPRISES, INC.,
a Florida corpora .
(SEAL)
1PIrl!k;~%~';tC!re<
ASSOCIATION:
PRAIRIE LAKE RESERVE COMMUNITY
ASSOCIATION, INC., a Florida not-for-profit
corporation
~~~1~~
~~
Name: CttA~u;s CAVAR~1'TA
As its: "PRES.I bE- NT
(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
and , 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 , 2007.
(NOTARY SEAL)
Notary Public; State of Florida
Print:
My Commission Expires:
0038106\119841 \1003852\2
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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
.5u.resh 'K... Gltf~a.. , personally known to me..,; or who provided
as identification, as the President of P ARK SQUARE
ENTERPRISES, INC., a Florida 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, and who did not take an oath.
WITNESS my hand and
/S day of III a-y
(NOTARY SEAL)
official seal in the County and State last aforesaid this
,2007.
N~~Ori~~
/llQ,~t:ir~r If- ~.r~e
(N ame ed, printed or stamped)
Commission No.: -on 5'!JSO 7
My Commission Expires: :JUJ1~ If JC)jO
~.".YPII~ MARGARET R. ACREE
.,. V "" MY COMMISSION 1/ 00565507
'f~Of~<!J~ EXPIRES: June 19,2010
(407) 398-0153 Florida Notary Servioe.com
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
and coun~ aforesaid to take acknowledgments, personally appeared
C.hQJ-l~ b liar/!.. Ha. , -personally known to me, or who provided
as identification, as the President of PRAIRIE LAKE RESERVE
COMMUNITY ASSOCIATION, INC., a Florida not-for-profit corporation, and that he
i:lcknowledged 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.
WITNESS my hand and official seal in the County and State last aforesaid this
/6 day of Ifla.v ,2007.
,
(NOTARY SEAL)
/lla~:r6? ~
Notary lic; State of Florida
~~tfr~ ~ /1c;~{!
(N ame ed, printed or stamped)
Commission No.: 7)lJ SI.,55s7
My Commission Expires: ~~e If ~t!)I()
~~YPII~ MARGARET R. ACREE
.,. }l:g "" MY COMMISSION # 00565507
'fA.9.1J1
'~OI~<!J" EXPIRES: June 19,2010
(407) 398-0153 Florida Notary Service.com
0038106\119841\1003852\2
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center of Good L .
'\.~e Jl>i4g
TRAFFIC ENFORCEMENT AGREEMENT
(Prairie Lake Reserve)
THIS TRAFFIC ENFORCEMENT AGREEMENT ("Agreement") is made and
entered into as ofthe day of ,2007 (the "Effective Date") by and between
PRAIRIE LAKE RESERVE HOMEOWNERS ASSOCIATION, INC., a Florida not-for-
profit corporation, whose mailing address is 5200VinelandRoad, Suite 200, Orlando, Florida
32811 (hereinafter referred to as the "Association") and the CITY OF OCOEE, a Florida
municipal corporation, whose mailing address is 150 North Lakeshore Drive, Ocoee, Florida
34761 (hereinafter referred to as the "City").
WITNESSETH:
WHEREAS, the Association is a not-for-profit corporation existing pursuant to and in
accordance with Florida Statutes SS 617.301-617.312; and
WHEREAS, the Association owns and/or controls those private roads within the Prairie
Lake Reserve subdivision which is located in Orange County, Florida, and within the corporate
limits of the City of Ocoee, Florida, said private roads being those roads within the Prairie Lake
Reserve subdivision (hereinafter referred to as the "Private Roads"); and
WHEREAS, Florida Statutes S 316.006(2)(b) authorizes the City, subject to certain
provisions, to enter into an agreement with the Association whereby the Association grants unto
the City traffic control jurisdiction over the Private Roads within the subdivision controlled by
the Association; and
WHEREAS, Florida Statutes S 316.640(3) authorizes the City to require that the City
police department enforce the traffic laws ofthe State of Florida on any private roads pursuant to
a written agreement under Florida Statutes S 316 .006(2)(b); and
WHEREAS, the Association and the City desire to have the Association grant unto the
City traffic control jurisdiction over the Private Roads as authorized by Florida Statutes
S 316.006(2)(b) so that the City may enforce the traffic laws of the State of Florida on the Private
Roads; and
WHEREAS, this Agreement has been duly approved and authorized by the Association
in accordance with its Articles of Incorporation, Bylaws and other applicable governing
documents.
0038106\119841 \992647\2
NOW, THEREFORE, in consideration of the premises and other good and valuable
considerations exchanged between the parties hereto, the receipt and sufficiency of which is
hereby acknowledged, the parties hereto agree as follows:
Section 1.
by this reference.
Recitals. The above recitals are true and correct and incorporated herein
Section 2. Traffic Control Jurisdiction. The parties agree that the City shall have
traffic control jurisdiction over the Private Roads and that officers of the City police department
are authorized to enter upon the Private Roads for the purpose of exercising this jurisdiction.
Such jurisdiction shall give to the City the authority to enforce the Florida Uniform Traffic
Control Laws on the Private Roads. The exercise of jurisdiction provided for herein shall be in
addition to jurisdictional authority presently exercised by the City under law, and nothing in this
Agreement shall be construed to limit or remove any such jurisdictional authority. Such existing
jurisdiction includes, but is not limited to, the regulation of access to the Private Roads by
security devices or personnel.
Section 3. Traffic Enforcement. The City hereby agrees that the City police
department will enforce the Florida Uniform Traffic Control Laws on the Private Roads;
provided, however, that the foregoing shall not be construed to require any minimum level of
staffing or create any priority for traffic enforcement on the Private Roads vis-a.-vis public
roadways or other private roads. All decisions regarding the level of traffic enforcement on the
Private Roads and staffing related thereto shall be within the sole discretion of the City police
department.
Section 4. Traffic Control Si2Ds. All traffic control signs within the subdivision
shall be uniform traffic control signs and shall be installed and maintained by the Association.
The City shall have the right at any time to require additional traffic control signs and other
traffic control apparatus as the City may deem to be necessary for the enforcement of traffic laws
on the Private Roads.
Section 5. Traffic Enforcement Fee. In consideration for the City exercising traffic
control jurisdiction over the Private Roads, the Association hereby agrees to pay to the City an
annual Traffic Enforcement Fee ("Annual Fee"). The initial Annual Fee under this Agreement
will be set at $ 0.00 and shall be prorated based on the Effective Date and due and payable within
thirty (30) days from the Effective Date ofthis Agreement. The Annual Fee for subsequent years
will be set by the City on or prior to December I st of each year for the subsequent calendar year.
Each subsequent Annual Fee shall be due and payable on or before January 30 of each year in
which traffic enforcement services are rendered. The parties hereby agree that the Annual Fee is
made as reimbursement for and shall be based on (i) the actual costs of traffic control and
enforcement, (ii) the costs associated with maintaining the traffic control signs and apparatus
(except for those maintained by the Association pursuant to this Agreement), and (iii) the
additional liability insurance costs incurred by the City as a result of this Agreement.
Section 6. Indemnification. The Association hereby agrees to indemnify and save
the City harmless from and against all losses, costs, expenses, claims, damages, judgments,
liabilities and causes of action whatsoever (collectively, "Claims") including reasonable
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attorneys' fees and paralegal fees, both at trial and at appellate levels, arising out of or alleged to
have arisen out of the City entering into this Agreement. Nothing herein shall be construed to
include within the foregoing indemnity any liability on the part of the Association for Claims
arising out of acts of negligence by the City. The City shall use its best efforts to promptly notify
the Association in writing of any Claims based on this Agreement and shall provide the
Association with information regarding the Claims based on this Agreement as the Association
may reasonably request, but the failure to give such notice or provide such information shall not
diminish the obligations of the Association under this Section. No Claims whatsoever shall be
made or asserted against the City by the Association for or on account of anything done or as a
result of anything done or omitted to be done in connection with this Agreement.
Section 7. Term: Termination. The term of this Agreement shall be two (2) years
from the Effective Date (the "Term"); provided, however, that this Agreement may be terminated
by either party upon sixty (60) days written notice to the address first appearing in this
Agreement. In the event of termination by either party the Association is entitled to a pro rata
refund of the Annual Fee paid for the year in which termination occurs. In the event the
Association desires to extend the Term of this Agreement, the Association shall provide written
notice to the City of its desire to do so on or before the December I st immediately preceding
expiration of the Term.
Section 8. Applicable Law. This Agreement and the provisions contained herein
shall be liberally construed and interpreted according to the laws ofthe State of Florida.
Section 9. Agreement: Amendment. This Agreement constitutes the entire
agreement between the parties, and supersedes all previous discussions, understandings and
agreements, with respect to the subject matter hereof. Amendments to and waivers of the
provisions of this Agreement shall be made by the parties only in writing by formal amendment.
Section 10. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be an original but all of which together shall
constitute one and the same instrument.
Section 11. Captions. Captions of the Sections and Subsections of this Agreement are
for convenience and reference only, and the words contained therein shall in no way be held to
explain, modify, amplify or aid in the interpretation, construction or meaning ofthe provisions of
this Agreement.
Section 12. Severability. If any sentence, phrase, paragraph, provision or portion of
this Agreement is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and
such holding shall not affect the validity of the remaining portion hereof.
Section 13. Effective Date. The Effective Date of this Agreement shall be the date
first appearing in this Agreement and shall coincide with the date the Agreement is executed by
the City.
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IN WITNESS WHEREOF, the Association and the City have caused this instrument to
be executed by their duly authorized officers as of the day and year first above written.
Signed, sealed and delivered in the
presence of the following witnesses:
PRAIRIE LAKE RESERVE
HOMEOWNERS ASSOCIATION, INC.
a Florida not-for-profit corporation
~~~
Signa e of Witness ~
M AA '( F'L. fh.€.N f::. t; It IN (J\
Printed Name of Witness
w~
By:
Name: CHARleS C~'lJA~€.'1TA
Title: 1>RE:SI~NT
1IItu~6? at'AU
~natur f Witness
7o~Qrf?t If Ifcrp~
Printed ame of Witness
(CORPORATE SEAL)
Executed on:. M ~l /4"'" 61001
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
t!.hClr/es (lgtJoreH-CA- ,as President of PRAIRIE LAKE RESERVE HOMEOWNERS
ASSOCIATION, INC., a Florida not-for-profit corporation, and who [5is personally known to
me or D produced as identification, and that he/she acknowledged
executing the same in the presence of two subscribing witnesses, on behalf of said corporation,
freely and voluntarily, for the uses and purposes therein expressed.
WITNESS my hand and official seal in the County and State last aforesaid this
/1'1/--- day of III C( (/ , 2007.
/
#o~a- a.~
Notary P lie; State ofFlonda ~
Print: /J1tl:;tore-r /( . e.
Commission Nu er (if not legible on seal):
My Commission Expires (if not legible on seat):
$',,"y ""~ MARGARET R. ACREE
.,. ~,. MY COMMISSION /I DD565507
""tOFt\."'~ EXPIRES: June 19,2010
(.07) 398-0153 Florida Notary Service.com
0038106\119841\992647\2
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Signed, sealed and delivered in the
presence of the following witnesses:
CITY
CITY OF OCOEE, FLORIDA
Signature of Witness
By:
S. Scott Vandergrift, Mayor
Printed Name of Witness
Signature of Witness
Attest:
Beth Eikenberry, City Clerk
(SEAL)
Executed on:
Printed Name of Witness
FOR USE AND RELIANCE ONL Y BY
THE CITY OF OCOEE, FLORIDA.
Approved as to form and legality
This _ day of , 20_.
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
ON UNDER
AGENDA ITEM NO.
Foley & Lardner
By:
City Attorney
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 S. SCOTT
VANDERGRIFT and Bel-h Ei t\e.nbeny,personally known to me to be the Mayor and City
Clerk, respectively, of the CITY OF OCOEE, FLORIDA 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.
WITNESS my hand and official seal in the County and State last aforesaid this
day of ,20_.
Notary Public State of Florida
Print:
Commission Number (if not legible on seal):
My Commission Expires (if not legible on seat):
0038106\119841\992647\2
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