HomeMy WebLinkAboutItem #07 Approval of HOA Agrmt. for Upgraded Street LightsCentex of Good Lr�
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AGENDA ITEM COVER SHEET
Meeting Date
Item #
Contact Name:
Contact Number:
January 15, 2013
Reviewed By
Department Director:
City Manager:
David A. Wheeler, P.E.
407 - 905 -3100, ext. 1504
Subject: Approval of Homeowners Association Agreement for Upgraded Street Lights (District
1 — Commissioner Gary Hood)
Background Summary:
The Vineyards subdivision was constructed in 2003/2004 and platted in September of 2004, and the homes
were constructed over the next few years. As part of the construction of the infrastructure for the development,
Cambridge Homes, Inc. had upgraded street lights installed. An Upgraded Street light Agreement was never
executed and the development was never billed for the cost differential between the standard lights and the
upgraded lights. In addition, when the budget for the HOA was set up by Cambridge Homes, the monthly HOA
assessment did not include extra dues from the home owners to pay for the upgraded street lights.
The Vineyards HOA approached the City a few years ago about possible additional street lights or changes to
the existing lights because they felt that their neighborhood was to dark. The current street lights were laid out
and installed by Progress Energy according to the minimum standards. Progress Energy and the developer
executed an agreement for the street lights that spells out capital costs, monthly operating costs, timeframe for
which these costs are based upon among other details. The City is not a party to these agreements between
developers and Progress Energy. At the time that the Vineyards HOA was looking to change their lights, the
agreements timeframe was not quite expired; therefore Progress Energy was going to request additional capital
costs to replace the street lights. Because of economic reasons, neither the City nor the HOA had the finances
for any new lights or different lights.
The HOA waited until the agreement's timeframe was about to expire and reopened the issue with Progress
Energy about replacing the lights with either standard lights that would not require any additional cost or
replacing the street lights with a less expensive upgraded street light. Progress Energy offered to replace the
lights at no cost to the HOA. Progress Energy has since discovered that they made a mistake in their cost
estimate, but has agreed to honor their written proposal.
The attached Homeowners Association Agreement for Upgraded Street Lights was proposed by Staff and Legal
Council and agreed to by the Vineyards HOA. Once the Agreement is executed by the City, the HOA will pay
the upgraded street light cost differential and pursue the replacement of the lights with Progress Energy. The
City began billing the HOA for the cost differential approximately one year ago when a review of all subdivisions
and street lights was conducted. Therefore, the City will need to waive the past bills to the Vineyards HOA for
the monthly cost differential for the current street lights. The street light payments from the HOAs are not listed
as a revenue stream in the City's Budget but are credited against the expense line item in the Budget for
payments to Progress Energy for all street lights in the City.
Issue:
Should the Mayor and City Commission accept the Homeowners Association Agreement for Upgraded Street
Lights for the Vineyards subdivision and execute the Agreement and waive past due bills to the Vineyards
H OA?
Recommendations
Staff recommends that the City Commission accept the Homeowners Association Agreement for Upgraded
Street Lights and authorize the Mayor and City Clerk to execute the Agreement. Staff also recommends
waiving the past due bills to the Vineyards HOA.for the cost differential for the upgraded street lights.
Attachments:
Homeowners Association Agreement for Upgraded Street Lights with the Vineyards Subdivision
Analysis Report and Account Statement with Total Due
Financial Impact:
The Vineyards HOA will reimburse the City for the upgraded street light expense until such time as Progress
Energy replaces the lights.
Type of Item: (please mark with an x')
Public Hearing
For Cleric's Dept Use:
Ordinance First Reading
X 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
Reviewed by Finance Dept.
Reviewed by ()
N/A
N/A
N/A
2
01/08/13 18:16:16
BY: CUSTOMER
CITY OF OCOEE
ar320 -1s
INC THRU:
ALL
A/R Age Analysis
Report
Page 1
swilson
DUE BY
DUE BY
DUE BY
RETAINAGE
INVOICE
INVOICE
DUE DT
DESCRIPTION
"--------------------------------------------------------------------------------------
CURRENT 12/31/12
11/30/12
10/31/12
AMOUNT
AMOUNT
40027 Vineyard
Residence
Assn, Inc.
9670
01/18/12
Street lighting
524.62
.00
524.62
9671
02/18/12
Street Lighting
524.62
9672
02/18/12
Street Lighting
524.62
.00
524.62
9673
02/29/12
Street Lighting
524.62
.00
524.62
9754
02/16/12
Street Lighting
524.62
.00
524.62
9798
03/15/12
STREET LIGHTING
524.62
.00
524.62
9877
04/16/12
SPECIAL STREET
524.62
.00
524.62
9941
05/15/12
SPECIAL STREET
524.62
.00
.00
524.62
524.62
10026
06/18/12
SPECIAL STREET
524.62
10088
07/16/12
SPECIAL STREET
524.62
.00
.00
524.62
524.62
10136
08/15/12
SPECIAL STREET
524.62
.00
524.62
10186
09/15/12
SPECIAL STREET
524.62
.00
524.62
10280
10/18/12
SPECIAL STREET
524.62
.00
524.62
10289
11/18/12
SPECIAL STREET
524.62
.00
524.62
10386
12/17/12
SPECIAL STREET
524.62
.00
524.62
CUSTOMER TOTAL
.00 524.62
524.62
6,820.06
.00
7,869.30
GRAND
TOTALS
.00 524.62
524.62
6,820.06
.00
7,869.30
Vineyard Residence Assn, Inc.
Sentry Management
2180 West SR 434 Suite 5000
Longwood, FL 32779 -5042
ACCOUNT NO: 40027
STATEMENT DATE:01 /08/13
PAGE NO: 1
_Yoiu 1ulzulii
6treet
iighting
9671 11/20/11
Street
Lighting -N
524.62
.00
524.62
9672 12/20/11
Street
Lighting D
524.62
.00
524.62
9673 01/30/12
Street
Lighting J
524.62
.00
524.62
9754 02/16/12
Street
Lighting
524.62
.00
524.62
9798 03/15/12
STREET
LIGHTING
524.62
.00
524.62
9877 04/16/12
SPECIAL
STREET LI
524.62
.00
524.62
9941 05/15/12
SPECIAL
STREET LI
524.62
.00
524.62
10026 06/18/12
SPECIAL
STREET LI
524.62
.00
524.62
10088 07/16/12
SPECIAL
STREET LI
524.62
.00
524.62
10136 08/15/12
SPECIAL
STREET LI
524.62
.00
524.62
10186 09/15/12
SPECIAL
STREET LI
524.62
.00
524.62
10280 10/18/12
SPECIAL
STREET LI
524.62
.00
524.62
10289 11/18/12
SPECIAL
STREET LI
524.62
.00
524.62
10386 12/17/12
SPECIAL
STREET LI
524.62
.00
524.62
CJ EN`S
3 HAYS
6 t? DAB S
0 nAt S TOTAL }t7E
54
62
524.62
524 62
x,295 44:
PLEASE RETURN THIS
PORTION WITH PAYMENT
ACCOUNT NUMBER:
40027
INDICATE
INVOICES PAID:
Vineyard Residence
Assn, Inc.
9670
524.62
Sentry Management
9671
524.62
2180 West SR
434 Suite 5000
9672
524.62
Longwood, FL
32779 -5042
9673
524.62
9754
524.62
REMIT TO:
9798
524.62
CITY OF OCOEE
9877
524.62
150 N. LAKESHORE DR.
9941
524.62
OCOEE, FL 34761 -2258
10026
524.62
10088
524.62
TOTAL DUE:
7,869.30
10136
524.62
10186
524.62
AMOUNT PAID:
10280
524.62
10289
524.62
10386
524.62
HOMEOWNERS ASSOCIATION AGREEMENT
FOR UPGRADED STREET LIGHTS
HOMEOWNERS ASSOCIATION AGREEMENT FOR UPGRADED STREET
LIGHTS (this "Agreement ") is made and entered into this day of ,
2012, by and between VINEYARDS RESIDENTS ASSOCIATION, INC., a Florida not for
profit corporation (hereinafter referred to as the "Association "), and the CITY OF OCOEE
(hereinafter referred to as the "City ").
WITNESSETH:
WHEREAS, the Association is the property owners association for the Vineyards
Subdivision located in the City of Ocoee, Orange County, Florida, as described in the plat of the
Vineyards recorded at Plat Book 58, Page 147 of the Public Records of Orange County, Florida
(the "Subdivision "); and
WHEREAS, the Association desires to upgrade the street light fixtures within the
Subdivision to 100 Watt Ocala type street lights on existing decorative poles (the "Upgraded
Lights "); and
WHEREAS, the costs associated with the rental, maintenance and fuel /energy charges
for the Upgraded Lights shall be in excess of the amount paid by the City for street lighting
pursuant to the City's existing agreement with Progress Energy; and
WHEREAS, the City is in agreement to allow the installation of this type of street
lighting by the Association for use in the Subdivision, provided that the additional costs thereof
is paid for by the Association; and
WHEREAS, the Association agrees to pay the additional costs thereof.
NOW THEREFORE, the parties agree as follows:
1. The Association shall be responsible for any costs associated with the rental,
maintenance and fuel /energy charges for the Upgraded Lights arising out of this Agreement 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 (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 (together with the Streetlight Costs, the "Additional Costs ");
2. If Progress Energy seeks to charge the Association for the cost of installing the
Upgraded Lights, which is currently at no charge to the Association, then the Association may
elect to terminate this Agreement, in which event this Agreement shall be of no further force and
effect.
ORLA_1668754.1
The Association may downgrade to standard street lighting at any time, in which event,
the Association shall pay all costs of the downgrade, including installation. In the event that the
Association downgrades the Upgraded Streetlights to standard street lighting, the City
acknowledges that no additional Streetlights Costs or Additional Costs shall be due from the
Association once Progress Energy's invoice to the City reflects the standard street lighting costs.
3. The Association shall pay the cost of recording this Agreement in the Public
Records of Orange County, Florida.
4. This Agreement shall be binding upon the Association and any successors in interest
or assigns and supersedes all prior written and verbal agreements, if any.
5. This Agreement shall first be executed by the Association and submitted to the City
for approval by the Ocoee City Commission. Upon approval by the Ocoee City Commission,
this Agreement shall be executed by the City. The Effective Date of this Agreement shall be the
date of execution by the City.
6. The parties may amend this Agreement only by written agreement of the parties that
identifies itself as an Amendment to this Agreement.
7. The Association acknowledges that in the event that payment of an invoice from
the City for the Streetlight Costs and the Additional Costs arising out of this Agreement are not
made within sixty (60) days from the date of the invoice, the City shall have the right to institute
legal proceedings to collect the unpaid amounts plus its reasonable attorneys' fees and court
costs incurred at trial and on appeal.
8. The City may enforce the terms of this Agreement at its discretion, but if 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 Association shall impair such right or remedy or be construed as
a waiver. The City shall not be obligated to the Association, or to any other person or entity, to
enforce the provisions of this Agreement.
9. 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.
[SIGNATURES ON FOLLOWING PAGES]
2
ORLA_1668754.1
IN WITNESS WHEREOF, the pat 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
ASSOCIATION:
VINEYARDS RESIDENTS
ASSOCIATION, INC.
Signature:
Print Name:
Title:
(SEAL)
STATE OF kl v,2t da.,
COUNTY OF 0 /?azi oe
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
and County aforesaid to take acknowledgments, personally appeared
K Cytr ) ersona known to m 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 aGY� day
of bc� , 2012. .
otary Public
My Commission Expires:
LANETTE CARROLL
MY COMMISSION # EE100970
EXPIRES June 07, 2015
53
ORLA_1668754.1
Signed, sealed and delivered
in the presence of:
Signature
Print /Type Name
CITY OF OCOEE, a Florida municipal
corporation
" CITY "
Attest:
S. Scott Vandergrift, Mayor
Beth Eikenberry, City Clerk
(SEAL)
Signature
Print /Type Name
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA. APPROVED
AS TO FORM AND LEGALITY this day
of 2012.
Shuffield Lowman & Wilson P.A.
City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD ON
2012 UNDER AGENDA ITEM
NO.
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
BETH EWENBERRY, 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 1 2012.
Notary Public
My Commission Expires:
4
ORLA_1668754.1