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HomeMy WebLinkAboutItem #08 Request to Amend the Name of Ingram Estates to Brynmar and Approval of Plat for Phase 1 of the Development r` tenter of Good L OC O R f v ^1j AGENDA ITEM COVER SHEET Meeting Date: September 18, 2012 Item # Reviewed By: Contact Name: David A. Wheeler, P.E. Department Director: �- ' f /j� Contact Number: 407 - 905 -3100, ext. 1504 City Manager: y ,. Subject: Request to Amend the Name of Ingram Estates to Brynmar and Approval of Plat for Phase 1 of the Development (District 1 — Commissioner Hood) Background Summary: The Ingram Estates subdivision is located at the southeast corner of McCormick and Ingram Roads. The total project includes approximately 33.48 acres of land. The overall project consists of 95 single family residential lots, two stormwater ponds, and a common recreational area. The project is being developed in two phases. The parcel of land was annexed into the City of Ocoee under Ordinance 2004 -02. The City Commission approved the project on November 6, 2007, under the name of Ingram Estates. Columnar Development LLC has submitted a written request to change the name to Brynmar. The DRC met on September 11, 2012, to consider the name change. Staff considered how the proposed name change would affect record keeping issues and fire /police. It was determined that the name change would have no negative effect and the DRC voted unanimously to recommend approval. The phase 1 portion of the project encompasses approximately 25.13 acres of single family residence development comprising 64 of the lots, the two stormwater ponds and the common recreation al area. The infrastructure for the entire development is being constructed at one time; however, the developer has chosen to only plat approximately 2/3 of the single family lots at this time. Columnar Develop, LLC has also chosen to install upgraded street lights and has pre -paid Progress Energy Florida, Inc. the capital installation cost and executed the City of Ocoee's Developers and Homeowners Association Agreement for Upgraded Street Lights. Issue: Should the Mayor and City Commissioners approve the request to change the name of the development from Ingram Estates to Brynmar and also approve the plat for phase 1 of the development and execute all appropriate documents? Recommendations The Planning and Engineering Departments recommend: 1) The City Commission approve the name change from Ingram Estates to Brynmar. 2) The City Commission approve the plat for Brynmar Phase 1 and to authorize the Mayor and City Clerk to sign the plat. 3) The City Commission authorize the Mayor and City Clerk to sign the Developers and Homeowners Association Agreement for Upgraded Street Lights. 1 Attachments: 1) Letter Requesting Name Change from Columnar Development LLC 2) Brynmar Phase 1 Plat 3) Developers and Homeowners Association Agreement for Upgraded Street Lights Financial Impact: There is no financial impact for approval of the name change or the plat. Type of Item: (please mark with an x') Public Hearing For Clerk's Dept Use: Ordinance First Reading `y, Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda X Commission Approval Discussion & Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. N/A Reviewed by 0 N/A 2 Columnar Development 09/06/12 1 CSLUPNA? COLUMNAR DEVELOPMENT, LLC September 6, 2012 City of Ocoee 150 N. Lakeshore Dr. Ocoee, FL 34761 RE: Request for Subdivision Name Change Dear David: Please allow this letter as authorization from Columnar Development, LLC to change the subdivision name of Ingram Estates to Brynmar. If you have any questions regarding this matter please do not hesistate to contact me. Sincerely; 4 44 -- Sean Froelich Manager 407 - 832 -4304 (p) 6442 Commerce Park Dr., Suite #2; Ft. Myers, FL 33966 800 - 648 -5082 (f) THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: PREPARED BY: Scott A. Cookson, Esq. Shuffield, Lowman & Wilson, P.A. 1000 Legion Place, Suite 1700 Post Office Box 1010 Orlando, FL 32802 -1010 (407) 581-9792 RETURN TO: For Recording Purposes Only Beth Eikenberry, City Clerk CITY OF OCOEE 150 N. Lakeshore Drive Ocoee, FL 34761 (407) 656-2322 DEVELOPERS AND HOMEOWNERS ASSOCIATION AGREEMENT FOR UPGRADED STREETLIGHTS DEVELOPERS AND HOMEOWNERS ASSOCIATION AGREEMENT FOR UPGRADED STREETLIGHTS (this "Agreement ") is made and entered into this day of , 20, by and between , (hereinafter referred to as the "Developer ") whose address is HOMEOWNERS ASSOCIATION, INC., a Florida not for profit corporation (hereinafter referred to as the "Association ") whose address is , and the CITY OF OCOEE (hereinafter referred to as the "City ") whose address is 150 N. Lakeshore Drive, Ocoee, Florida 34761. 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 by this reference incorporated herein (the "Property"); and WHEREAS, for the purpose of developing the Property, the Developer has submitted to the City a subdivision plan and specifications for a subdivision to be known as (the "Subdivision ") approved by the Ocoee City Commission on ; and WHEREAS, the Developer intends to develop the Property in accordance with the approved subdivision plans and specifications and desires to include certain specialized street lighting and decorative poles (the "Upgraded Streetlights "); and WHEREAS, the Developer is responsible for paying Progress Energy Florida, Inc. the upfront deposit and Contribution of Aid in Construction costs (the "Progress Energy Costs ") required prior to installation of the Upgraded Streetlights, and WHEREAS, the costs associated with the rental, maintenance and fuel/energy charges for the Upgraded Streetlights shall be in excess of the amount paid by the City for street lighting pursuant to the City's agreement with Progress Energy; and Developers and Homeowners Association Agreement for Upgraded Streetlights WHEREAS, the City is in agreement to allow this type of street lighting by the Developer for use in the Subdivision provided that the additional cost thereof is paid for by the Developer and /or the Association; and WHEREAS, the Developer and the Association desire to memorialize their intent to pay the additional costs thereof. NOW THEREFORE, the parties agree as follows: 1. The Developer shall be installing streetlights on foot decorative poles throughout the Subdivision as designed by Progress Energy Florida, Inc. and approved as part of the subdivision plan and specifications. 2. The Progress Energy Costs were calculated on Lighting Proposal WR (the "Lighting Proposal ") as executed between the Developer and Progress Energy Florida, Inc. The Estimated Monthly Rental, Maintenance, and Fuel /Energy charges were also detailed on said Lighting Proposal. 3. The Developer agrees to pay the City the full monthly Rental, Maintenance, and FuelEnergy costs until the end of the calendar year in which control of the Association is turned over to the homeowners as provided in the declaration of restrictive covenants for the subdivision (the "Declaration "). Said monthly costs to be pre -paid by the Developer on a yearly basis with no proration in the event the Association is turned over to the homeowners prior to the end of the calendar year. 4. The Developer and/or the Association shall cause the Declaration to specifically provide that: (i) the Association shall be responsible for the Streetlight Costs and the Additional Costs; (ii) the Association shall reimburse the City for the Streetlight Costs and the Additional Costs; (iii) the Association shall have the power and authority to assess each lot owner within the Subdivision for the Streetlight Costs and the Additional Costs, which assessment shall be a lien upon each lot and shall be subject to foreclosure by the Association in the event of non - payment; and (iv) no termination of the Declaration shall void the duty of the Association to reimburse the City for the Streetlight Costs and the Additional Costs unless specifically allowed in writing by the City. 5. Pursuant to Section 3, the Association shall be responsible for any costs associated with the rental, maintenance and fuel /energy charges for the Upgraded Streetlights that are in excess of those otherwise paid by the City for standard street lighting pursuant to the City's existing agreement with Progress Energy as detailed on the Lighting Proposal executed between the Developer and Progress Energy Florida, Inc. (the "Streetlight Costs ") and shall reimburse the City for said Streetlight Costs plus an administrative charge equal to ten (10) percent of the Streetlight Costs (the "Additional Costs ") after control of the Association is turned over to the homeowners; 6. The Developer and/or the Association shall also cause the Declaration to provide that the Declaration shall not be amended as it relates to the provisions required by Sections 1 and 2 of this Agreement without the consent of the City evidenced by a written joinder and consent recorded with any such amendment. 7. The Association acknowledges that in the event that payment of an invoice from the City for the Streetlight Costs and the Additional Costs is not made within sixty (60) days from the date of the invoice, the City shall have the right to place a lien on all property owned by the Association and/or to remove the Upgraded Streetlights. 2 Developers and Homeowners Association Agreement for Upgraded Streetlights 8. The City may enforce the terms of this Agreement at its discretion, but if the Developer or the Association breaches any terms of this Agreement and the City does not exercise its rights under this Agreement, the City's forbearance shall not be construed to be a waiver of such term, or of any subsequent breach of the same, or any other term of this Agreement, or of any of the City's rights under this Agreement. No delay or omission by the City in the exercise of any right or remedy upon any breach by the Developer or the Association shall impair such right or remedy or be construed as a waiver. The City shall not be obligated to the Developer or the Association, or to any other person or entity, to enforce the provisions of this Agreement. 9. The Developer shall pay to the City the cost of recording this Agreement in the Public Records of Orange County, Florida. 10. If any part of this Agreement is found invalid or unenforceable by any court, such invalidity or unenforceability shall not affect the other parts of this Agreement if the rights and obligations of the parties can continue to be effected. To that end, this Agreement is declared severable. 11. This Agreement shall run with the Property and be binding upon, inure to and be for the benefit and burden of the parties hereto and their respective successors and assigns and any person, firm, corporation or entity who may become the successor in interest to the Property or any portion thereof. SIGNATURES TO FOLLOW 3 Developers and Homeowners Association Agreement for Upgraded Streetlights 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 CITY OF OCOEE, FLORIDA in the presence of: MAYOR Print Name: ATTEST: Print Name: CITY CLERK APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, APPROVED AS TO FORM UNDER AGENDA ITEM NO. AND LEGALITY, THIS DAY OF SHUFFIELD, LOWMAN& WILSON, P.A. 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 , 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: 4 Developers and Homeowners Association Agreement for Upgraded Streetlights DEVELOPER: Signed, sealed and delivered in the presence of: Signature: Witness Print Name: Title: Witness (SEAL) STATE OF COUNTY OF 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, or who provided as identification, as the of , , and that he /she acknowledged executing the same freely and voluntarily under authority duly vested in him/her. WITNESS my hand and official seal in the County and State last aforesaid this day of , 20 . Name: Title: Notary Public [NOTARY SEAL OR STAMP] My Commission Expires: 5 Developers and Homeowners Association Agreement for Upgraded Streetlights ASSOCIATION: Signed, sealed and delivered in the presence of: HOMEOWNERS ASSOCIATION, INC. Signature: Witness Print Name: Title: Witness (SEAL) STATE OF COUNTY OF 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, or who produced as identification, as the of Homeowners Association, Inc., a Florida not for profit corporation, and that he /she acknowledged executing the same freely and voluntarily under authority duly vested in him /her 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 day of , 20 Name: Title: Notary Public [NOTARY SEAL OR STAMP] My Commission Expires: 6 Exhibit "A" (The "Property") PARCEL 1: THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 LESS THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 32, TOWNSHIP 21 SOUTH, RANGE 28 EAST, ALSO LESS ROAD RIGHTS -OF -WAY FOR INGRAM ROAD AND FOR MCCORMICK ROAD. PARCEL 2: THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 32, TOWNSHIP 21 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, LESS ROAD RIGHT OF WAY.