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HomeMy WebLinkAboutItem #05 Request to Amend the Name of Ingram Estates to Brynmar and Approval of Plat for Phase 1 of the Development Centex of Gooch Lt AGENDA ITEM COVER SHEET Meeting Date: October 2, 2012 Item # J r Reviewed By: Contact Name: David A. Wheeler, P.E. Department Director: Contact Number: 407 - 905 -3100, ext. 1504 City Manager: 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 at 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 Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda 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 BRYNMAR PHASE 1 PLAT BOOK: PAGE: LOCATED IN THE CITY OF OCOEE, ORANGE COUNTY, FLORIDA BRYNMAR PHASE 1 DEDICATION BEING A PORTION OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF KNOW ALL MEN BY THESE PRESENTS, Thal the entity named below, Deng t he owner In lee simple of the land described in the foregoing caption to SECTION 32, TOWNSHIP 21 SOUTH, RANGE 28 EAST. ORANGE COUNTY FLORIDA. h. plat. hereby dedicates said lands and plat for the uses and purposes herein expressed and dedicates the Interior road rights of ways shown on the plat as Brynmor Estates Boulevard. Meadow Breeze Loop. Apple Ridge SURVEY NOTES: LAKE Road and Cheswick Drive to the perpetual use of the public IN WITNESS WHEREOF, the owner has caused these presents to be signed 1. BEARINGS SHOWN HEREON ARE ASSUMED AND BASED ON THE EAST LINE OF THE MITCHELL and attested to by the officer named below e is corporate seal to be SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 32, TOWNSHIP 21 SOUTH, RANGE 28 \ STATE affixed hereto on Ser+enl fie Ow D. 2072. EAST AS BEING NO012'43 "E 137 LAKE MA\ ROEN Columnar Development, LLC, on Indiana limited liability company 2. NOTICE: THIS PLAT, AS RECORDED IN In GRAPHIC FORM, IS THE OFFICIAL DEPICTION OF \� 5956 Sherry Lane, Suite 1000, Dallas, Texas 75225 THE SUBDIVIDED LANDS DESCRIBED HEREIN AND WILL IN NO CIRCUMSTANCES BE LAKE BY Traylor Bras, an Indiana Corporation, SUPPLANTED IN THE AUTHORITY BY ANY OTHER GRAPHIC OR DIGITAL FORM OF THE PLAT APOPKA Its Sole Member THERE MAY BE ADDITIONAL RESTRICTIONS THAT ARE NOT RECORDED ON THIS PLAT THAT MAY BE FOUND IN THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA Nome. Daniel A 77rd r J. UNLESS OTHERWISE INDICATED, A STRIP OF LAND 10.00 FEET AIDE AT THE FRONT OF ALL W. MOCOR ROAD Signed. `�/ (CORPORATE SEAL) LOTS AND TRACTS, IS HEREBY RESERVED FOR PUBLIC UTILITIES AND DRAINAGE (SEE TYPICAL Title: Vice dent { LOT DETAIL THIS SHEET) (` SrrE 0 Sig -e lusts• in the pies 4. UNLESS OTHERWISE INDICATED, A STRIP OF LAND 500 FEET WIDE ALONG THE SIDES OF ALL y, `1'' -4- LOTS AND TRACTS, 15 HEREBY RESERVED FOR PUBLIC UTILITIES AND DRAINAGE (SEE TYPICAL 7V 1 TROUT LAKE • r•- s(Slgnatu e) Witness(Signature) LOT DETAIL THIS SHEET) S Y p /O" ) OA FAl es ss �P ;l �ne Printed 5. TRACT 1 Witness Printed SHALL BE CONVEYED TO THE CITY OF OCOEE BY SEPARATE INSTRUMENT. Witness( Printed) Wt 6. THE FOLLOWING TRACTS SHALL BE CONVEYED TO THE BRYNMAR HOMEOWNERS ASSOCIATION, / t 1 LAKE State of Texas County of %Mc INC BY WARRANTY DEED. I ,901----- The lore oi,,o ( nt was acknowledged before me this In TRACTS "A" & "8" (STORM WATER RETENTION AREA) / 0 0° - °.- , day of _ .01Ql P 2012, by Daniel A Traylor, Vice President 0 TRACT "C" (RECREATIONAL AREA) / ('� , _ ,WW " Traylor Bro3 Inc., on Indiana corporation, the sole Member of Columnar TRACTS ° 0 ° & ° E ° (WALL &LANDSCAPE BUFFER AREA) / Cry Development, L..C, an Indiana limited liability company, on behalf of said H TRACTS "F ", "G & "" (STORM SYSTEM MAINTENANCE AND ACCESS TRACTS) / (�� entity He is M personally known to me or ( .1 hos produced his State of TRACT "J" (LANDSCAPE AND SIGNAGE AREA) (� driver's license as identification Oilcan iT+i /YlO 7 TRACTS "F", ° G" & "H" (STORM SYSTEM MAINTENANCE AND ACCESS TRACTS) WILL BE � W( ROAD j Signature of Notary 1'ubllc (AFFIX NOTARY STAMP or SEAL) OWNED BY THE BRYNMAR HOMEOWNERS ASSOCIATION. INC., AND SHALL BE SUBJECT TO AN \ .�E � ;- EASEMENT FOR MAINTENANCE AND ACCESS IN FAVOR OF THE CITY OF OCOEE. / ' �u fOA�/1t �4 HACKNEY Printed, Typed or Stomped Notary Name . o n. 4�as 8. TRACT "J" (LANDSCAPE AND E AREA) VALL BE OWNED AND MAINTAINED BY THE I 1 Y G.ARCOIIA OCOEE ROAD Y � E � Notary Public, State °f Texas Wc BRYNMAR HOMEOWNERS ASSOCIATION, INC. 400M100 0. 4 9. THE CITY OF OCOEE IS SUBJECT TO 77-IE TERMS. PROVISIONS AND RESTRICTIONS OF F.S. VICINITY MAP Commission No • CHAPTER 163 CONCERNING MORATORIA ON THE ISSUANCE OF BUILDING PERMITS UNDER My Commission Expires: kI'IrU12101 ile4.2b110 CERTAIN CIRCUMSTANCES. THE CITY HAS NO LAWFUL AUTHORITY 70 EXEMPT ANY PRIVATE (NOT TO SCALE) ENTITY OR ITSELF. FROM THE APPLICATION OF SUCH STATE LEGISLATION AND NOTHING QUALIFICATION STATFMFNT OF SURVEYOR AND MAPPER HEREIN SHALL BE CONSTRUED AS SUCH AN EXEMPTION. LEGAL DESCRIPTION: KNOW ALL MEN BY THESE PRESENTS. That the undersigned, being a 10. PURSUANT TO SEC770N 177.097 (28). FLORIDA STATUTES, AS AMENDED; ALL PLATTED licensed and registered land surveyor, does hereby certify that on UTILITY EASEMENTS SHALL PROVIDE THAT SUCH EASEMENTS SHALL ALSO BE EASEMENTS A PORTION OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF 5EC50N 32, TOWNSHIP 21 SOUTH, fObW14N 11 10At� he completed the survey of the lands as FOR THE CONSTRUCTION, INSTALLATION, MAINTENANCE, AND OPERATION OF CABLE RANGE 28 EAST, ORANGE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS shown in the 1 ego^g plat plan; that said plat is a true and correct representation of the lands therein described and d TELEVISION SERVICES; PROVIDED, HOWEVER, 79/ permanent reference ER, NO SUCH CONSTRUCTION. INSTALLATION. )coed 00 shown thereon subdivided; MAINTENANCE, AND OPERATION OF CABLE TELEVISION SERVICES SHALL INTERFERE WITH THE COMMENCE AT 771E EAST 1/4 CORNER OF SECTION 32, TOWNSHIP 21 SOUTH, RANGE 28 EAST, ORAN required that monuments 0 have been 1701 Chapter 1 1777, , Rtatutey. and Mot eoitl land is FACILITIES AND SERVICES TE OF AN CA TELEPHONE GAF OR OTHER PUBLIC UTILITY. IN COUNTY, /4A; THENCE NO 0774.3"E. ALONG THE EAST LINE 0 THE P 1/4 THE located In the he Clfy of Ocoee. Orange County, Florida. 510 O THE EVENT A CABLE TELEVISION COMPANY DAMAGES THE FA A PUBLIC UTILITY, NORTHEAST 7 7 79'4 OF SAID SECTION 0A1 .32 32, DISTANCE OF 630 0' "E FEET, TO THE THE N OF BEGINNING; q IT SHALL BE SOLELY RESPONSIBLE FOR THE DAMAGES. THIS S065011 ECTION SHALL. NOT APPLY 58929'42"W, THENCE SB919'4I " A DISTANCE OF 400.. 40 FEET, THENCE 50018'59 A DISTANCE 00 POINT OF 178.. FEET; 56 FEET �' August' o '7 „5Za2 THOSE PRIVATE EASEMENTS GRANTED TO OR OBTAINED BY A PARTICULAR ELECTRIC, THENCE S89310I"1V, A DISTANCE OF 50.00 FEET TO A POINT ON .4 NON- TANGENT CURVE CONCAVE fore) me: ?: /SEAL) TELEPHONE, GAS, OR OTHER PUBLIC UPUTY. SUCH CONSTRUCTION, INSTALLATION, SOUTHWESTERLY H,4880 A RADIUS OF 22.00 FEET, A CENTRAL ANGLE OF 9000'20, A CHORD BEARING JEFF W BARNES, (PSM) Professional Surveyor and Mapper.': AND OPERATION SHALL COMPLY 2478 THE NATIONAL ELECTRICAL SAFETY OF N4509'09 "W AND A CHORD DISTANCE OF 31.11 FEET, THENCE NORTHWESTERLY ALONG THE ARC OF Certificate N0. 5576 001 CODE AS ADOPTED BY THE FLORIDA PUBLIC SERVICE COMMISSION. SAID CURVE, A DISTANCE OF 34.56 FEET TO THE Pow OF TANGENCY; THENCE 589:70'41 "W, A B0W908- SINGLETON & ASSOCIATES, INC. 11. ALL ACCESS RIGHTS TO LOTS ADJACENT TO 440008 08 ROAD AND INGRAM ROAD ARE DISTANCE OF 98 FEE7, THENCE 5007859 A DISTANCE OF 749.11 FEET THENCE 589'33'11 ° W , A 520 South Magnolia Avenue 3 ^. HEREBY DEDICATED 70 THE CITY OF OCOEE. DISTANCE OF 72175 FEET TO A POINT ON THE EAST LINE OF THE WES 30.00 FEET OF THE SOUTHEAST Orlando. Florida 32801 1/4 OF THE NORTHEAST 7/4 OF SAID SECTION 32: THENCE N0007'38 ALONG SAID EAST LINE, A Certiflcote of authorization No. (LB) License Business 1227 72. UNLESS OTHERWISE NOTED, ALL UTILITY AND DRAINAGE EASEMENTS LOCATED UPON DISTANCE OF 96348 FEET TO A POINT ON 7HE SOUTH RIGHT -OF -WAY LINE OF 800088 /CK ROAD AS CFRTIF7CATE OF APPROVAI RY INDIVIDUAL LOTS AND /OR TRACTS SHALL BE MAINTAINED BY THE OWNER OF SAID LOTS SHOWN ON SHEET 4 OF 6 OF THAT CERTAIN BOND MAP LABELED "PROJECT NO. Jr, THENCE THE BOARD OF CITY COMMISSIONERS AND /0R TRACTS. THE LAND BURDENED BY SUCH EASEMENTS SHALL BE OWNED BY THE N89'36'57 7 E, ALONG SA/0 SOUTH RIGHT -OF -WAY LINE. A DISTANCE 116308 FEET 70 THE P0/NT OF INDIVIDUAL LOT AND /OR TRACT OWNERS. CURVATURE OF A CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 5759.65 FEET, A CENTRAL ANGLE This is to certify that on Oc 2012, the OF 07'15'19". A CHORD BEARING OF N8839'irE AND A CHORD DISTANCE OF 726.79 FEET. THENCE foregoing plot s approved by the City Commissioners of oee, Florid°. 73. A PERPETUAL, NON - EXCLUSIVE EASEMENT FOR ACCESS OVER ALL INTERNAL ROADWAYS AND EASTERLY ALONG THE ARC OF SAID CURVE AND CONTINUING ALONG SAID RIGHT -OF -WAY LINE A PAVED AREAS 15 GRANTED IN FAVOR OF THE CITY OF OCOEE, ORANGE COUNTY UTILITIES DISTANCE OF 12619 FEET TO A PANT ON AFORESAID EAST LINE OF THE SOUTHEAST 1/4 OF THE: AND OTHER APPLICABLE AUTHORITIES FOR LAW ENFORCEMENT, CODE ENFORCEMENT, FIRE NORTHEAST 7/4 OF SEC5ON 32; THENCE 00012'43 ° W, A DISTANCE OF 657.26 FEET TO 1740 POINT OF City Attorney Mayor of Ocoee AND 07HER EMERGENCY SERVICES,, AND FOR ALL OTHER MUNICIPAL SERVICES. BEGINNING. (SEAL) 14. THE PROPERTY SHOWN HEREON 15 SUBJECT TO THE TERMS AND CONDITIONS OF THAT City Clerk CERTAIN DECLARATION OF COVENANTS, CONDITIONS. EASEMENTS AND RESTRICTIONS FOR CERTIFICATE OF REVIEW RY CITY SURVEYOR BRYNMAR, AND THE ARTICLES OF INCORPORATION FOR BRYNMAR HOMEOWNERS ASSOCIATION, INC., ALL OF THE FOREGOING OF 10.1I08 ARE RECORDED IN OFFICIAL RECORDS BOOK I HEREBY CERTIFY that 1 hove reviewed the foregoing plat and find that PAGE(5) _ INCLUSIVE, PUBLIC RECORDS OF ORANGE COUNTY, CFRTIFICAIE OF APPROVAL BY CITY it Is in 001110rmity with Chapter 177, Florida Statutes FLORIDA. 7" el OFVFIOPMFNT SFRVICFS OIRFCTOR 15. ALL DEVELOPMENT SHALL BE IN ACCORDANCE WITH AND SUBJECT TO THE CITY OF OCOEE - X50' D.U.E. The foregoing plat has been examined and approved. City Surveyor Date LAND DEVELOPMENT CODE. AS AMENDED TIME 70 TIME. AND ALL FEDERAL, STATE, COUNTY Printed Name: AND CITY RULES. REGULATIONS, ORDINANCES, PROVISIONS AND APPROVALS NOTHING THEREIN SHALL BE CONSTRUED TO WAIVE ANY PROVISION OF THE OCOEE LAND 500' 0 U.E.- - City Development Services Director Date Company (SEAL) DEVELOPMENT CODE. LOT CJg11F1CATE OF APPROVAI RY FTTY FNOINFFR Address 16 ALL GRASS AND LANDSCAPING WITH IN TRACTS "0 & 'E" ON THE ADJACENT LOT SIDE OF T he f ore plat has been examined and d. ANY CONSTRUCTED WALL SHALL BE MAINTAINED BY THE OWNERS OF SAID ADJACENT LOTS 10.00' UTILITY 9 °' ^ P° approve Registra5On NO.: AND IS HEREBY SUBJECT TO AN EASEMENT FOR INGRESS AND EGRESS IN FAVOR OF THE r I & DRAINAGE BRYNMAR HOMEOWNERS ASSOCIATION, INC., FOR MAINTENANCE. 1 CFRTIFIC:ATE OF COUNTY COMPTROI 1 FR L.,- J City Engineer Date I HEREBY CERTIFY that the foregoing plat was recorded In the Orange 17. THE UTILITY EASEMENT SHOWN ON SHEET 3 OF 4 OF THIS PLAT OVER TRACT "C, THE NORTH 5.50 FEET OF LOT 21. AND THE NEST 20.00 FEET OF A PORTION OF TRACT 74 ". IS 1 STREET ^ County Official Records on 2012 as File HEREBY GRANTED TO THE CITY OF 00000 '( I ON d ASSOCIATES. BY: TH ON 71 ASSOCIATES .INC. N Co ty. County Comptroller in and for Orange _ - B OWYER SINGLET n Flor 620 SOUAVENUE . 0..... FLORoA em TYPICAL LOT DETAIL ' BO OBVN I "° °' as wa is By (SEAL) (NOT 70 scene) NM ° h a• Ae a No i s, n»...a °s wave E SHEET 1 OF 4 BRYNMAR PHASE 1 PLAT BOOK: PAGE: LOCATED IN THE CITY OF OCOEE, ORANGE COUNTY, FLORIDA BEING A PORTION OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF �"r TT'T - T TT - Pi - / 1 SECTION 32, TOWNSHIP 21 SOUTH, RANGE 28 EAST. ORANGE COUNTY, FLORIDA. 1 k, \ r L ' I ' ] -+- - - 5 N LINE OF THE NE 1/4 OF SEC 32 -21 -28 N89'54'49"E 264239' I - y - _ _ - t i� 58934'49 "E 1321 20' 589'54'49 "E 1321.20' 1 I I - �.� ' 5 1/4 CORNER OF I rr - +-- _ SEC 32 -21 -28 FND 6'X6" CM WITH -__ 3/4' IRON PIPE -Th 4_� Z■ � 1 (NO ID) CCR#65668 ( 1 1 1 1 1 (. ÷ j o P I 11 � ! 5 N0007'38"E MCCORMICK ROAD j 31.6 5 LINE OF THE SE 1/4 0E THE NE 1/4 OF SEC 32 -21 -28 1489'42'28 "E 263854' -. •I' 589'4228'E 1319 27' 8' 1 ORANGE COUNTY BOND (60' R/W - PUBLIC DB 389 PG 281) KEY MAP 30.00' 8006 2, PGS 76 -81 N89 36'57'E 1163.08' ° ON LINE _ _ _ TRAT - `AC 1 ILI 'A _ _ - 589'36'57 E 1109.64' NOT TO SCALE) ■ I , ,-----'-- E WAL L &LANDSCAPE BUFFER AREA 689'36'57'0 7 G, -- - 102 49' T T 56.93' \ 138.91' T 75.00' 75 00 T 75.00' END 4 'Y4' CM \ ', 2/ \ LEGEND ANC) ABBREVIATIONS: (50 51 ,�n6" 8 \ 8 8 8 81 AD ACRES D 38 NE I CH= 544 69'29.1L =68. ]2' - \ yi N N 2 " CB CHORD CORNER RECORD 140. R- 405=544'5257"E \`A Wit asTANCE 1 1 C0 -61 95' \ % LOT 11 , L01' 1 3 3 3 L CONCRETE 614E CM \ LOT 13 LOT 14 0 CRETE MONUMENT 1 \ , N 89 N O 0 SEMENT LOT 10 \ � o 8 0 S D V.E. DRAINAGE & UTILITY EASEMENT 1 10.00 ' \\ E 8 Z = Z I- EOC END Q CURVE \ MT. EASEMENT W l \ co 8 50 75.00 75 00' 7 ID n MC6ON MN 3000' 3000' Q I` '-'1-'''''''.14, 43 6 ), \, ° BREEZE LOOP s89 ' 36 . 57 - w 466 00 • _ SRC �E a 000 RON W p 05 6)5 G' . , (50' PUB R/W) - N89'36'57"E 466.00' ` IRC IRON W LENGTH OAP L ARC 1 o U 4 O y P h 232.92' PI LLI LICENSED BUSINESS 1 Ca :J.- '0.-D 589'36 E 186 00_ - , c W N0. NUMBER Q m \ "I G6 - 92 96' 9 3 04' V) MR) NON -RAN W \ \ / D .R . B . OfTTgAL RECgtDS BOOK CC LOT 9 q ` c I� i n 8 101 BOOK h I 1 PC POINT 01 CURVATURE PCP 8ERM C ONTROL ONT I i C I 2 LOT 49 LOT 48 %G(s). 11 9 . V GE U N C1 N 589'31'01 "W 115 _ I o q .-I Q d PR Nr O Kid sE CnON Z " ! n I:I I " PNT P091 A or No N- TANGEN CY 0 W h m a'I 25.00'25.00 PP 00 PROFE5 004 056 wRNEroa 4 0 Q I 89 ` r J 125.01 LU PA C ROINT 0E REVERSE WRVATURE = ,' ' 589'37'10 "E 230 00' pERMANFNT aErtadcE Ma+uMENT Li 8 ON 1 3 0 `v L OT 8 115.00 ' 17 5.00' J P " POINT TANGENCY MAPPER D I W m 0 (0) REAL 8 U 1 ^ o LL' TRA "B" Fri c:, I ^ IN oIC ,. , s secTo T -a4xcE UllUTT a N > _ (STORMWATER yN 589'31'01 'W 115 0o' (TIP) TYPICAL W - e �- 1 W LOT SO n LOT 47 RI Q o ComrEASEMENT ANg U '^ � Q H RETENTION AREA) 1 m ; CQC I ∎I f p W 0 m W ? C 1 INCH = 50 FEET LA' o ® 0 EwxD 4' 1" d (AS 140100) • m � N I CD R I I . 9 ® SET p� (PCP e604.9 t0 0 1 z Ir 589'3]'10 "E 23000' U U � 4 LOT 7 115.00' + 115 00' m N VD (AS NOTED) SET f I i 4 o g P. RIO C 0, G 100 s/ a R%( 11 *0 1 00) = W m M m O 1 o • PWND IRON 800 (AS N0ED) 9 589'31 "W 115 00' _ ( I 'R LO 46 2 o 8 20.00' I m LOT 51 P. p1< I 5.00' - m CURVE TABLE I w TRACT " 589'31'01"W t15.0D' 5 I N89'37'10 "E 230.00' 0 LENGTH RADIUS DELTA BEARING CHORD ' F ' , - , (STORM SYSTEM n „ C 115.00' 115.00' C4 117 22' 72.00' 90'05'57" 544'33'59 "W 101 91' MAINTENANCE I N 1 tg: ry 05 73.91' 47.00' 90'05'56" 544'33'59 'W 66 53' AND ACCESS) m LOT 6 10 19 l W C6 3460' 22.00' 90'05'56' 544'33'59 "W 31.14' ;O o ,, W I � 01I9 LOT 52 '( 189 1.01' 45 , -RIP' rn C9 34.5 ' 22.00' 89'54'04' 545'26'01 "W 31.09' ',7i 4 ,^ nl� nl 2(10 0 019 42,99' 72.00' 34'12'35' 572'30'39 "W 4435' 12; S 589'31'01 "W 115.00' N 3 m N o N C20 42 32' 72.00' 33'40'36' 538'34'03 "W 41.71' 2791 7200' 2272'45" 510'37'23 "W 27.74' P n 8 I 569'37'(0 "f+ 230.00' *4 C22 84.34' 54.00' 89'29'18' 544'52'17 "W 7603' 8 0 l r 115.00' 115.00' ]c§ ) O" 9. " 2 ' LOT5 ^� P, n 1- � LOT 53 n L OT 44 ;9,1 1 1 (" Will BO WY ER SINGLETON 8 ASSOCIATES, INC PREPARED BY ^ 110.00 510''" m STO BODTX MAGNOLIA AVENUE ,. 8 3829 E 2 iS 76'_V I � 89'JI'D1 'W 1/5.00' � BO N 01 *6 : OPUNGO :311T"::'77::: LOon s MATCHLINE "8" - SEE SHEET 4 OF 4 Z N89'31_Of "E 15463' 1 -_ -\ 1 t I 230.00 15.00' \ , R«as. II SHEET 2 OF 4 BRYNMAR PHASE 1 PLAT BOOK. PAGE: LOCATED IN THE CITY OF OCOEE, ORANGE COUNTY, FLORIDA BEING A PORTION OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 32, TOWNSHIP 21 SOUTH, RANGE 28 EAST. ORANGE COUNTY, FLORIDA. 1N89'54'49"E 2642 39' N89754' 49 7321.20' NE CORNER OF SEC 32 -21 -28 END 6 7 X6" CM WITH 3/4" IRON PIPE & PK NAIL (N0 10) CCR 9082077 7. n 8=0115'19" R= 5759.65' L= 126.19' a - C8= N88'S9'17'E CH= 126.19' S R/W LINE PER MCCORMICK ROAD ORANGE COUNTY BOND 609'42'8'E 2638 54' N LINE OF THE SE 1/4 OF THE NE 1/4 OF SEC 31 -27 -28 g BOOK 2, PGS 76 -87 N89'42'28'E 7319.27' iii 29 76' _ (60' R/W - PUBLIC DB 389 PG 287) N89'36'57'E 1163.08' ENO 4'x4' cc so IFF N8936'S7 "f 1109.64' _ _ _ _ _ ' AC I U ILI Y TRA - T_ __ _ __ 10.00' CM (N0 10) o' 189'36 57 E 1109.64' TRACT"E WALL &LANDSCAPE BUFFER AREA 10.00 021 E ON LINE l 7500 T 75.00' T 75.00' r 139.]0' / 54.46' 167.75' 2 = 1'1456 "1 -125 _ / R779. 65 1 INCH - 50 FEET 8 8 a o / 8,115'08' ON- 488'59'29"E 8 R- 5769.65' 5' 0- 126.10' C0=125.99' 0 0 0 N / , C N88'59'23 "E CH- 126.09' O �° LEGEND AND ABBREVIATIONS: LOT 15 3 LOT 16 • LOT 17 3 LOT 18 I CB ACRES BEARING CCR CERTIFIED CORNER RECORD NO c , /4 ,^, O F h CII / CHOP TIE"' O o N o N /A LOT 19 - "1 1-'20 00' U .E. (SEE SURVEY NOTE 17.) J 40 9 p 0 CONNNCC0170 MONUMENT B. D BOOK 10 (v ' z S / 2� W �° 0E O EASEMENT 00' 75 75 00' 7 50' / DUE. DRD 00 N056 oG OUR UIIUTY EASEMENT 75 F'- C TB / / i� P90T. EASEMENT 589'36'57"W 466 . 00 'MEADOW BREEZE LOOPS , Sze ? %' D 10 I8E 0 8186 ON W N89'36'S7'E 466.00 (50' PUBLIC R/W) ¢ .6 ;.j 6 7' 48 ' p 8 / / iPC IRON PIPE k CAP ( PI 233. PC C'� ' -- \ f0 00' D.0 E IR IpaN RaD _ 089'3 "E ' 186 00' _ ' C , Cf / 5 "RS C 80 LENGTH H CAP ! 4 92 96 93 04 J \ T 1 / -' $ 0 NUS D 4NES5 \P PT LOT 20 3 TRACT "A" (NR) NON -RADIAL ' I Jn O N OR B OFFICIAL RECORDS ROC( (STORMWATER (P) PLAT I LOT 35 LOT 34 n 70 RETENTION AREA PLAT BOON I n a m 6 89'31'01 "E 115 001 1°i ) F � PC PONT P CF CURVATURE PCP PERMANENT CONTROL POINT Q 5 00 25.00'2500.-- Ip m °I 12 g P PG(S) PAGE/PAGES J 20.00' Q�' POINT a INTERSECTION N89'31'07'E� 1 PK PARKER KALC1 N89'J 7'10'E 230.00' W , W I 0 PKT 7800 9 G 17 I TRACT "G" 5 . PROFESSIONAL PRC P O N T OF REVERSE O CURVATIRE I LI 715.00' 115.00' (STORM SYSTEM n V ) PRM PERMANENT REFERENCE MOINMENT Z O I� LOT 27 I W N P SURVEYOR MAPPER o 5 m MAINTENANCE AND ACCESS) 5 0) T PONT OF TANGENCY RI (S EE SU RV EY NOTE N0 17 ) i y h R �NS J Q I LOT 36 L 33 ' RI � 15 ©' (1 AL 7- k 3 JP W 089 115 00' _I S a ry m (OP) tt07 ASeMEN C5 5, 6189'37'70 "E 0 ' m N ; ° E RAL ANtxE T 2 115.00' + 230.0 115.00' CY m a' h TRACT ' "H" r, 1 p A FOUND c +^ cu (AS NOTED) ° STORM SYSTEM p N ry W ®$ SET p/0 (PCP 590 LB Izzt) Q R 3 o z z ( 8 F • SET D W CM (PRA BSA LB 1221) W o. O a a ry m LOT 22 R ACCESS & 6 96/6 N/D cA J I o 1 0 " n g n MAINTENANCE) '' es L ) 1221) a " "' LOT 37 o LOT 32 "' < z 0 0 F OU N D IRON PIPE (AS NOTE6) Q I m felL N 584'52' "W • FOUND IRON Roo (AS NOTED) ° N89 7 E II5.00' _55.18' ' 589'31'01 "W 233.28' 91.50 Z2 50' 55.1 T T 138,53' "T L N8937'10'E 230 00' / nl 775.00' +o 115 00' J g� $ ^ // CURVE TABLE w I �, h Nln /4, # LENGTH H RADIUS DELTA BEARING CHORD I .- ^I / C10 34.60' 22.00' 90'05'56" 544;33'59 "W 31.14' 31 �' LOT 38 N ' LOT 31 R l w 5 1 I q y a l /+ 5' 713 34.52' 22.00' 8954'04" 945'26'01 "W 31.09' LO 23 m LO 24 LOT 25 , nib � �In h l 6, :NI l 6, / /6, ,.>\ _ �R 074 7375' 4700' 8954'04" 645'26'01 "W 6641' { :I 5 IN N W 5 N p..... $ f1 / C15 112 97' 72.00' 89 N45'26'02'W 101.74' 5 o o / LOT 26 ." Rq 016 2718' 7200' 2137'36' NI1'17'47"W 2702' 2 2 N89 230.00' $ ° h •' ry $ /y^, w W 017 4233' 7200' 33'41'07' N35'57'09 "W 41,72' 115.00' 115.00' N I / 61 $ 70.50' 7750' 18.00' 0 / L4' 023 43.47' 72.00' 3435'21" 673'05'24 'W 42.81' -7-'7- 76 / 12 / o C23 7383' 47.00' 90'00'00' 54578'59'E 66.47' i° n „ L SB9'31'01'W /86. DO' W ,,,,,,,5;.-.,11. 4� os C24 34.56' 2200' 90'00'00' 54578'59'E 31.17' ,w, I,; LOT 39 ^ LOT 30 m1 PI` - N89.D P' ". /0 ' ' 9 'S65' ZZ C26 3456' 2200' 90'00'00' 5457859E 1 3181' 689'37'10 "E 130.00' 0 CHESWICK (50' PUBLIC R/W)- DRIVE , / � W 027 34.56' 22.00' 90'00'00' 541'31'0 /'W 31.11' 115.00 1 115 00' I � - ...../ ---;\?, C \ 028 40.36' 71.00' 71'07'05' 67475'16 "W 39 83' 4 689'31'01 'E 186.00' LOT 27 C29 42.03' 7200' 3376'39' N41 38'35 "W 4143' MATCHLINE C TRACT "C" PT ; 030 3071' 72.00' 245616' N1542'07 "W 30.48' SEE SHEET 4 OF 4 25.00 n (RECREATIONAL AREA) !n '' N 55 IT .g n _ n p AAA SOU r;'8. . AO' I ", _- PREPARED BY: u S8979 42 W 400.40 1 25.00' POINT OF BCN.N 0 B SINGLETON 4 ASSOCIATES. IKC 52 AGNGL AV 0 ENUE 7 " ro F 4) / PCNT N T i n BEGINNING V BQ M , \ c.R ORLANDO, 0/808/0 FAK •07u,ul i''0' n C OMMENCEMENT 5 7 I z .2801 V E 1 4 CORNER OF o y N '� SEC 32 -21 -28 -M I N 8 p" a° FND 4^X4' co (NO I0) LANO DEVELOR.47 6 9.1.1.3 TNA K�,E„N,,, L ? CCR 9065678 Pp I NO MATCHLINE "C" - SEE SHEET 4 OE 4 SHEET 3 OF 4 BRYNMAR PHASE 1 PLAT BOOK: PAGE: LOCATED IN THE CITY OF OCOEE, ORANGE COUNTY, FLORIDA BEING A PORTION OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 32, TOWNSHIP 21 SOUTH, RANGE 28 EAST. ORANGE COUNTY, FLORIDA. MATCHLINE "B" MATCHLINE "B" SEE < C SHEET 2 OF 4 sa9 1l5.0 SEE SHEET 2 OF 4 MATCHLINE "C" - SEE SHEET 3 OF 4 i t - .� 8 5 00' 69.6 w'N U � - -r -- - aQ - 115.00' - T - 115.00' 115.00' 115 00' -- 1 In 1689'31'01 "E 154 6J' O �� 1689'3710 "E 230 00' 77,,C:1 ^ 5893]'IO'E 230 00 7 s 01 - y 10.00• m 1 1 _ ' LO T 4 o i � ^ , � J j o m O o �I 125 00 • `4,.2..,',-, In-kMI Irn R Di LOT 1 LOT 2 t ' m " W � '^I m LOT 54 LOT 43 � K elm LO 40 ^ LOT 29 m In y Nl m � qp3 ^ w W �� 3 m r:1',.', YN �O A q I a W U C7 1 LI N `r gl$ n w4- h C VN m - � hm n 1689•3]'10 "E 1 230.00' ¢ p I K I� a h 589'31'01'"' 107.20" mm NR.N 589 "E 230.00' n o , ° j IF U f a ^ I � H �3 zNZ 11500' '�1 115.00 � Z a gl 11500 I h 115.00 ro mro F, W \e mH le N O 4 � ( 0 slap n n / '0'3;1 n "` L,....-47.20' gl 01 Ie n N I y It 01 Nlo w p " . 89 x.43531' 32.55' ` LI I^ LOT 3 °�I W Ie d, ^ a l ¢ 11;,' LO 28 "4I T mlmVm r w m 569HY01 "w 115 06' c7 LOT 55 LOT 42 LOT 41 m o °z p o n TRACT E" (WALL Q ° MCCORMICK 8 \a h 06:1'.,', MEADOW ° i g & LANDSCAPE � m 0,, 8 1 Q BREEZE LOOP '2 o WOODS DRIVE I �' / BUFFR AREA n y� hia 1 ` I cX /\ to n a 82' 6/8- PRIVATE) - 5a9'JO'24 "W 1 EA ) s �3. J^ 9300 9300' / 4 97.00' I 9300' ' "+ 2 ( - o 1 ' P I F y - 6'" 7 /` L7 /� S8910'41 "W 186.00 $ G 3 589'30'41 "W 186.0 BRYNMAR ESTATES . ° ,1, m. . 8 z PI V' 8 BOULEVARD o PI • * " m 4 146.02 _ _ moo - 2ao.o0' o m _� 1 C m vi�P UBUC R/W VARIES) � m n sa9 ° w 706 or PI BRYNMAR ESTATES BOULEVARD -� , N N - - - 88.96 (50' PUBLIC R P 8 8 ,.. N89'.30'24 127.56 y 588'09'04'E \I _ _ _ 1689'30'41 "E 601.08' ( �) 2 SEE DETAIL THIS ,, C R L 5 - I- ° �4f 76' 2 52.12' 36,84' 40.32' 77 ---F--- 77.13' T 77.13' 1 7].13' T 77.13' S8930'41'W SHEET \ Z 1 `60.74' 98.00 PNT TRACT J" V 4 C ( H 1- 890'0020' 50.00' (LANDSCAPE & 4 8 o of L =3 S8931'011W 4.56' SIGNAGE AREA) 1 , Z b - ,.,:j,„---, 4 6 e R= 22.00' W CB =N4579'09'W 30.00' 30.00' n ' ; ' ,5 ' ' ¢LOT 56 a LOT 57 S a a LOT 60 w LOT 61 a LOT 62 w LOT 63 a LOT 64 CH- 31.11' �, o cn LOT 58 LOT 59 ,� m m 1,,,„ ,�0 Z� h h h - '5'.1 1 Q ' Si r o n N r o Q`, � 8 g L'- 8 8 i 8 8 8 8 8 � o � a e h' �io.00' • h - / _ 94.17' 77.13' ]7 13' 7713' 77.13' 7717' 77.13' ]] 13' 7713' I � R 589 "W 628.92' 589'37'11'"' 91.2 ^ 3 I I ''o 58933'11'"' 721.15' ' 3 O SOUTH LINE OF THE N 1/2 OF THE SW 1/4 of - 1 FOUND 2" IRON PIPE THE SE 1/4 OF THE NE 1/4 OF SEC 32 -11 -28 SET 5 /e' IRON 000// NE CORNER OF I END 6"56" 6 N \ NO ID, 2.54'5 & 5.f7'E &CAP (LB 1221) SEC ' h t'•5' m C O E ( 50N ID) 076 4082077 ' 0"' ,t' ' . LINE TABLE '\49 k - - - - ,, 4 BEARING DISTANCE (' 9 , 1 _ DETAIL --- S 50 '�� 49' / TRACT "J' (LANDSCAPE \ w o W) Li 5 S9`E 5.00' \ y1 o h 6 & SIGNAGE AREA) 10 L2 164510 '01'w 29 0 Q. o m l `' 1 /3 NOT 70 SCALE R -J. oo' ''',q' N - L4 164510'40 "W 29.90' X1` R =3.00' 4= 9037'14' 160079'76 ° W 3.00' � P ▪ `° 6= 8972'46" °o L -4 7 3 LS 1689'30'24 "E 29.d5' �l / ^ L =4.68' $ W w � '^ w L6 1644'49'01 "E 30.35' \ 41 h 5 "E 9781' 097' "I ° 1.03' 7589'7074'"'\ Lg w 8.42 I o m 2' 0 ,C I P! _�1p"' -__ \wo W F w L] 45 ' 80591 32.60' G, 4 W 103 81' - o ff 2 Rda La 164578'59 "W 34.41' ___ 5By3p 3 PI w ¢ ^ 1 L9 164578'59 "W 24.38' W T N 0 o885 '' 0 0.97 T 589'30'24'"' 97.81' T 1070 °r L,-, \V m ' U4i 3 8 Z p LIO N451B'59 "W 10.03' \ - 8.K 8 0,i h W ° � $ =�- Lit 164510'44 "W 19.34' p g R -300 ° v BRYNMAR ESTATES R -3.00' N / ° z o �, ma d xu 1 ▪ 8 6=9037'14' BOULEVARD 0- 89 S w 99/ 9 5 9 58 \2 1-4 (PUBLIC R/W VARIES) L -4.68• / 4 9 'i � \8 ° 1 CURVE TABLE / E., / 3 D o- w oio w Vt 1 1 LENGTH RADIUS DELTA BEARING CHORD \ / 1 116716 = 50 FEET i ? u1, §zaoo� Cl 39.28' 50.00' 45 1467 38.28' w n 2 `? q C2 39 27' 50 00' 45 567'59'09 "F 38.27' ' ¢ooa< C7 3456' 71.00' 8939'40" 544'30'51"w 71.11' $ 32 ¢ as 17 34,56' 22,00' 90'7,'10 645 66 31.11' 08 34 56' 22 00' 8939'40' 544 31.11' 702 4 1 711 3456' 2200' 90'00'20' 645 "W 31,11' CM NO ID) 112 34 56' 2200' 8939'40' 544'30'51 "W 31,11' 089'30'0 0.27 ON LINE 2646,20 1 v... 589'30'05'"' 171]36' � I I 589'30'05 "W 65668' S89 30'05 "W 65868' 1 6 1' 089'30'05`W 2634.72' S LINE OF THE SE 1/4 OF THE 2520.8 NE 1/4 OF 551 32 -21 -28 125.39' 1689'20'8 POINT OF COMMENCEMENT Z / 4 CORNER OF LEGEND AND ARBRFViATIONS: E 155132-21 -2a AC ACRES L ARC LENGTH RSM RROEES ' AL SURVEYOR MAPPER END 4 CM (NO ID) 22 CB CHORD BEARING LENSED BUSINESS i POINT a TANGENCY CCR 4065676 m0 CCR/ CERTIFIED CORNER RECORD N0. N/D S ].,, NAIL k DISK R RADIUS _ Z8•=-' f�M CHORD DISTANCE NO dflB REC 0 NUMBER (R) R ADIW. 't CENTER LINE (NR) NM-RAOIAL SEC ICHT N- „AY I ID lami _-� PREPARED BV' 8 h CM CONCRETE NCNUMENT ORDB BOCK SEC :tc3L TOYMSHIP -RANGE BGLA'YER SINGLETCW 6 PSSOCIATE6, INC. w O (D) DEED BOON CP B 2P) PLAAT T BOOK (TTPI TYPICAL D B DEED UT EASEMENT 520 SOUTH MAGNOLU AVENUE E 0 DRAINAGE AI „ABEMETMT PC P OF CURVATURE 'LE CENTRAL ANGLE i • ORLANDO. FLOOnA27 al 0 U.E. A EASEENT PCP PERMANENT CURVACURVATURE U ANENT CONTROL PPOINT - 0 - - BREAM IJNE BO q,�e BBt F B S 1/4 CORNER OF FOC END OF CURVE PG(S) PP0NT 0 Mom 0 4 V' an (AB 00121 FAO. SEC 32 - 21 - 28 ES. EASEMENT F INTERSECTION • SET 4',4' CM (Pau BSA LB 1221) 1 • �1 Cmm-Art OF AUmamom No 1H 1221 1 FRO 5'X5' CM 1"'160 PK PARKER KALg2 ET 16 A !P,CP A LS 1221 -. ■ BO y" (JONES W00D GENTRY 10 IOENnRCAn6 k ' RAT PANT OF NON - TANGENCY FWND J" (AS BS NOTED) 140OBV'< A.V„Fp"0<' ,6< 5» IRON PIPE Ply OBF5 LANG SURVEYOR T ND 5/B Bzt PIPE (AS AS NOTED (BBA LB 1221) ) RLS 1585) CCR 4065672 IPC IRON PIPE CAP PR PONT OF » 650 REVERSE 505 CURVATURE 90404 0 F SEW <699 IR IRO IRON ROD k CAP P PERMANENT REFERENCE MONUMENT • FOUND ND IRON ROD NOTED) ) SHEET 4 0 F 4 Columnar Development 09/06/12 C•LUPNA? 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 tne. Sincerely; Sean Froelich Manager 407- 832 -4304 (p) 6442 Commerce Park Dr., Suite i#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 , 2012, by and between Columnar Development, LLC, an Indiana Limited Liability Company, (hereinafter referred to as the "Developer ") whose address is 5956 Sherry Ln., Suite 1000, Dallas, TX 75225; BRYNMAR HOMEOWNERS ASSOCIATION, INC., a Florida not for profit corporation (hereinafter referred to as the "Association ") whose address is 6442 Commerce Park Dr., Suite 2, Ft. Myers, FL 33966, 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 Brynmar (the "Subdivision ") approved by the Ocoee City Commission on November 6, 2007; 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 31 Biscayne streetlights on sixteen foot Washington 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 216162 (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 011 said Lighting Proposal. 3. The Developer agrees to pay the City the full monthly Rental, Maintenance, and Fuel/Energy 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: AITEST: 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: C 06 NA-Q 1)EVECoPMrcser LLG ..::::2„.„...... � ' � - - -- � Signature: Witness' / / Print N. - : '1112 .���.. T itle: e ra _ Witness (SEAL) / do t s p�_ / 4 2g - s ! ` YNTHA DIRLIN STATE OF V " " # • 2 0 Expires 4 of00 ' 2014 COUNTY OF 0 I HEREBY CERTIFY that on this day, before me, an officer dulfrj rized ' e Stqte and County aforesaid to take acknowledgments, pers 1� ppeared ' t , pe onally k n wn to me, or who provide /J as identification, as the r rs s• of fa a'�rer Vor. vy w--�1 Gtr , , and that he/she acknowledged executing the sAe freely and voluntarily under authority duly vested in him/her. ,+/ TNESS my hand and official seal in the County and State last aforesaid this 7:2 of 20 g. ---- ‘41 i Name: _ ANINIF Title: Notary Public [NOTARY SEAL OR STAMP} My Commission Expires: ,fir/ al � , Aar rIli �i rnv a� J` CYNTHIA DIANE MYRLIN 7� My Commission pir es August 23, 20 14 ''r -1,, pp ,E1P 5 Developers and Homeowners Association Agreement for Upgraded Streetlights ASSOCIATION: Signed, sealed and delivered in the presence of: 64.iftv,04-tet HOMEOWNERS ASSOCIATION ' C. Signatur:� , / Al , . s / . Print Name: ANNA" / Title: G ' ; ...... Witness 11111111111111111111. (SEAL) Ele ;1 ' MYRUN �/ f�J s.∎issio Expires STATE OF :61, / /(T T Au gust 014 COUNTY OF - 7 - 1/7a.. I HEREBY CERTIFY that on this day, before me, an officer uthorized the State and County aforesaid to take acknowledgments, perso� 'y appeared d , / 7,- (l 6/L , personally known to me, or who produced / ( 1/ ( DL as identification, as the V c a rev s: ,t.�f of Brkq ++ ••ay" Homeowners Association, Inc., a Florida not for profit corporation, and tkat 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 42-day of , 20/ — a_a ,A144 Name: ��It�i��Jvl/� t' Title: N. it Public j [NOTARY SEAL OR STAMP] My Commission Expires: ,�/� 'd, �i 4 , ,,,,e,,, CYNTHIA DIANE MYRLIN ,11I My Commission Expires August 23, 2014 e 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.