HomeMy WebLinkAboutItem #02 Approval of Plat for McCormick Woods - Phase 2
center of Good Li
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AGENDA ITEM COVER SHEET
Meeting Date: May 4,2010
Item # cQ
Contact Name:
Contact Number:
David Wheeler, P.E.
(407) 905-3100 ext. 1504
Reviewed By:
Department Director:
City Manager:
.~~
Subject: McCormick Woods Phase 2 Plat Approval
Background Summary:
This plat is for McCormick Woods Phase 2 is 21.067 acres and located on the southwest corner of
Ingram Road and McCormick Road. Phase 2 consists of a 79 single family homes with its
associated amenities. With all new developments, the city is requiring the Traffic Enforcement
Agreement and Agreement for Upgraded Street Lights to be placed into effect at the time of
platting.
Issue:
The Engineering Department requests that the Mayor and City Commission approve the plat, Traffic
Enforcement Agreement, and Agreement for Upgraded Street Lights for McCormick Woods Phase
2 residential development.
Recommendations
City Staff recommends approval of the plat, traffic enforcement agreement, and agreement for
upgraded street lights for McCormick Woods Phase 2 as submitted and authorize the Mayor and
City Clerk to sign the plat.
Attachments:
Mylar Plat, Traffic Enforcement Agreement, and Agreement for Upgraded Street Lights.
Financial Impact:
The financial impact is the undeveloped land will be covered with residential homes and increase
the City's property tax base.
Type of Item:
o Public Hearing
o Ordinance First Reading
o Ordinance First Reading
o Resolution
~ Commission Approval
o Discussion & Direction
For Clerk's DeDt Use:
o Consent Agenda
o Public Hearing
o Regular Agenda
o Original DocumenUContract Attached for Execution by City Clerk
o Original DocumenUContract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by (Planning)
o N/A
o N/A
D N/A
TRAFFIC ENFORCEMENT AGREEMENT
(McCormick Woods)
THIS TRAFFIC ENFORCEMENT AGREEMENT ("Agreement") is made
and entered into as of the _ day of April, 2010 (the "Effective Date") by and between
McCORMICK WOODS HOMEOWNERS' ASSOCIATION, INC. whose mailing address is
14550-58th Street North, Clearwater, FL 33760 (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").
WIT N E SSE T H:
WHEREAS, the Association is a not-for-profit corporation existing pursuant to
and in accordance with Florida Statutes ~~ 617.301-617.312; and
WHEREAS, the Association owns and/or controls those private roads within the
McCormick Woods 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 Plat
of McCormick Woods Phase 2, as recorded in Plat Book _, Pages _ through
Public Records of Orange County, Florida (hereinafter referred to as the "Private Roads"); and
WHEREAS, Florida Statutes ~ 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 of the State of Florida on any private roads
pursuant to a written agreement under Florida Statutes ~ 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 ofthe 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.
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. Recitals. The above recitals are true and correct and incorporated
herein by this reference.
ORLA_220945.2
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 Siens. 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 6. 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 of this 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 (i) the actual costs of traffic control and
enforcement, (ii) the costs associated with maintaining the traffic control signs and apparatus,
and (iii) the additional liability insurance costs incurred by the City as a result of this Agreement.
Section 7. Indemnification. The Association hereby agrees to indemnify and
save the City harmless from and against al110sses, costs, expenses, claims, damages, judgments,
liabilities and causes of action whatsoever (collectively, "Claims") including reasonable
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
ORLA_220945.2
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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 8. 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 1st immediately preceding
expiration of the Term.
Section 9. Applicable Law. This Agreement and the provlSlons contained
herein shall be liberally construed and interpreted according to the laws of the State of Florida.
Section 10. Aereement: 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 11. 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 12. 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 of
the provisions of this Agreement.
Section 13. Severabilitv. 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 14. 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.
ORLA_220945.2
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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.
ASSOCIATION
Signed, sealed and delivered
in the presence of:
McCormick Woods Homeowner's
Associa. n, Inc.
~lL~
By:
Mike
~~Of"\ She lIen AercM./
, 0
(CORPORATE SEAL)
Executed on: 4 / 2 n I 2.0 \ 0
I '
STATE OF FLORIDA
COUNTY OF 1=>INE.LlAS
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in
the State and County aforesaid to take acknowledgments, personally appeared Mike Galvin, as
President of McCormick Woods Homeowners' Association, Inc, and who ~ is personally
known to me or L-J produced as identification, and that he
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
20u day of April, 2010.
~4.~
Si ature of Notary
Jvl'\\\1H 1\. k\l2.i31
Name of Notary (Typed, rinted or Stamped)
Commission Number (if not legible on seal): b t:> 5"2C "'\ 09
My Conunission Expires (if not legible on seal): 0 5- 0 \ - 20 \ D
#y ~ ~~;~(~'::'ublic State of Florida
R~~. Judith A Kirby
~ . My Commission DD520909
. ... ~~
., 01 ",0 Expires 0510112010
ORLA_220945.2
-4-
CITY:
Signed, sealed and delivered in the
presence of:
CITY OF OCOEE, FLORIDA
By:
S. Scott Vandergrift, Mayor
Print Name:
Attest:
Beth Eikeneberry, City Clerk
(SEAL)
Print Name:
Executed on:
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
Approv~}l} to f~an~ legality
Thisa2~ay of n.'j) , .,26bD .
APPROVED BY THE OCOEE CITY
C01\1MISSION AT A MEETING HELD
ON , UNDER
AGENDA ITEM NO.
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. SCOTI
VANDERGRIFT and BETH EIKENBERRY, 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
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number (If not legible on seal)~
My Commission Expin:s (if nollegible on seal):
ORLA_220945.2
-5-
DEVELOPERS AND HOMEOWNERS ASSOCIATION AGREEMENT
FOR UPGRADED STREET LIGHTS
This Agreement, entered into this day of April, 2010, by and between
McCORMICK WOODS INVESTMENTS, LLC, a Florida limited liability company (herein
referred to as the "Developer") and McCORMICK WOODS HOMEOWNERS'
ASSOCIA TION, INC., a Florida not for profit corporation (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 Ocoee a subdivision plan and specifications for a subdivision to be
known as McCormick Woods; 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, there has been installed or shall be installed one 100 Watt Ocala type street
lights for everyone conventional fixtures to obtain the same illumination; and
WHEREAS, the cost and maintenance of the 100 Watt Ocala type 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 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 the Subdivision shall specifically provide that the Association shall be
responsible for any additional cost of street lighting that is over and above that paid for by the
City which has not been previously reimbursed, and shall reimburse the City of Ocoee for any
such additional cost plus an administrative charge equal to ten (10) percent of the additional cost
to the extent that such additional cost has not been previously reimbursed to the City. The
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.
Developers and Homeowners Association
Agreement for Upgraded Street Lights
2. That the Association for itself, its successors and assigns agrees that the Declaration
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, fmn 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 OCOEB, FLORIDA
MAYOR
Witness
ATTEST:
Witness
City Clerk
FOR USE AND RELIANCE ONLY THE
CITY OF OCOEE, APPRO~D AS TO FORM
AND LEGALITY, THIS .:2J'Y>A Y OF
APRll..,201O
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
ON
UNDER AGENDA ITEM NO .
FOWLER, O'QUINN, FEENEY & SNEED P.A.
BY '171. (b,Gr{' ~ j/
Y ATTORNEY
2
Developers and Homeowners Association
Agreement for Upgraded Street Lights
DEVELOPER:
<d[ lM'-''i ;[~
~nbss
k dA-)1. ~rtL~t;
,/ Witness
McCORMICK WOODS INVESTMENTS,
LLC
By:
SEAL
c. '50.
w~'tne s
"7;4?!flJ. )J;~
/Witness
McCORMICK WOODS HOMEOWNERS
ASSOC nON, INe.
By:
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 acknowledgements, 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 , 20_.
Notary Public
My Commission Expires:
3
Developers and Homeowners Association
Agreement for Upgraded Street Lights
COUNTY OF '? IN E. LLt\ S
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
and County aforesaid to take acknowledgements, personally appeared Mike Galvin, personally
known to me, elr WflO 1J!UvjJ~J a~ id~ntification, as the
President of McCormick Woods Homeowners' Association, Inc., a Florida not for profit
corporation and that he acknowledged executing the same freely and voluntarily under authority
duly vested in him.
WITNESS my hand and official seal in the County and State last aforesaid this 2 C1..!:
day of April, 2010.
My Commission Expires:
.KIl'~~1
~Y.lI~
rtJ"
;'~i
'"? Of ",0
Notary Public St~te of Florida
Judith A Kirby
My Commission 00520909
Expires 0510112010
STATE OF FLORIDA
COUNTY OF V I r0 ~uAS,
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
and County aforesaid to take acknowledgements, personally appeared Mike Galvin, personally
known to me, Gf-who provielcd as ideIltification, as the
Managing Member of McCormick Woods Investments, LLC, a Florida limited liability company
and that he acknowledged executing the same freely and voluntarily under authority duly vested
in him.
WITNESS my hand and official seal in the County and State last aforesaid this 20U:!.
day of April, 2010.
My Commission Expires: () S - 0 \ - z 0 \0
R""~Y .11,.
. .
~c ;
'"? 0' ,~O
Notary Public State of Florida
Judith A Kirby
My Commission 00520909
Expires 05/0112010
4