HomeMy WebLinkAboutItem #07 Approval of the Vineyards HOA Agmnt. for Upgraded Street Lightse t of Good Li.
AGENDA ITEM COVER SHEET
Meeting Date: March 5, 2013
Item #
Reviewed By
Contact Name: David A. Wheeler, P.E. Department Director:
Contact Number: 407 - 905 -3100, ext. 1504 City Manager:
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 too 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, and timeframe
for which these costs are based upon, among other details. The City is not a party to the agreements between
developers and Progress Energy. At the time that the Vineyards HOA was looking to change their lights, the
agreement's 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 at that time.
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.
Progress Energy has stated that it should take eight to ten weeks to install the new street lights once their
agreement with the City is executed. 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 start paying the upgraded street light cost differential upon installation of the
new lights. See the attached Agreement between Progress Energy and the City of Ocoee.
The City began billing the HOA for the cost differential in October of 2011, seventeen months 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 and direct staff to delay in
billing for the new lights until they are installed. 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 seventeen past due and three
future bills to the Vineyards HOA? Should the Mayor and City Commission waive the payment of the upgraded
street light cost to the Vineyards HOA for the past seventeen months and for the future three months until the
lights are installed?
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 and three months future bills to the Vineyards HOA for the cost differential for the
upgraded street lights.
Attachments:
1) Homeowners Association Agreement for Upgraded Street Lights with the Vineyards Residents
Association, Inc.
2) Progress Energy Agreement with the City of Ocoee
Financial Impact:
The waiving of the past due seventeen months bills will relieve the Vineyards HOA of an $8,918.64 debt and
future three months will relieve them of $1,573.86 future debt. The city will erase these invoices from the
accounts receivable ledger.
Type of Item: (please mark with an °x')
Public Hearing
For Clerk's Dept Use:
Ordinance First Reading
X 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
OA
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 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
ASSOCIATION:
VINEYARDS RESIDENTS
ASSOCIATION, INC.
Signature: A
Print Name:
Title: ppe, tJe
(SEAL)
STATE OF v,2c d[L
COUNTY OF qg
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
R d County aforesaid to take acknowledgments, personally appeared
vin P s4nT ersona known to or who produced
as identification, as the A re s , de„ r of
t !e ; I cs 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 a(o
of 4obe" , 2012.
Notary Public
My Commission Expires:
LANETTE CARROLL
MY COMMISSION # EE100970
EXPIRES June 07, 2015
SS
ORLA 1668754.1
Signed, sealed and delivered
in the presence of:
Signature
Print /Type Name
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
CITY OF OCOEE, a Florida municipal
corporation
" CITY "
S. Scott Vandergrift, Mayor
Attest:
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 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 , 2012.
Notary Public
My Commission Expires:
4
ORLA_1668754.1
Progress Energy
PE Contact: JEFF ZAHARIS
Address: 452 E. Crown Point Rd. Winter Garden, FL 34787
Phone: 407 -905 -3303
Project Details
Customer: CITY OF OCOEE
Account: 43401 -05548
Site: VINEYARDS LIGHTING
Contact: DAVID WHEELER
Phone: 407 - 905 -3100 1504
Lighting Proposal
WR 129543
February 22, 2013
Scope of Request I
THE SCOPE OF THIS WORK ORDER
REMOVE 32 SANIBEL LIGHT FIXTURES AND INSTALL 32 OCALA
FIXTURES
EXISTING INVENTORY
Per Unit
sub -Total
Quantity
Product Description Fixtures and Poles
Rental
Maint.
F & E
Unit Total
32
10OW SANIBEL BLK L87
$18.16
$1.72
$3.03
$22.91
$733.12
2
16' VICTORIAN II DUAL PLBC16VD
$18.06
$0.00
$0.00
$18.06
$36.12
28
16' VICTORIAN Ii SNGL PLBCI6V
$13.07
$0.00
$0.00
$13.07
$365.96
$0.00
$0.00
$0.00
$0.00
$0.00
$o.00
Rental, Maintenance, F &E Totals:
$983.20
$55.04
$96.96
Existing Estimated Monthly Rental $1,135.20
PROPOSED INVENTORY
Per unit
Sub -Total
Quantity
Product Description Fixtures and Poles
Rental
Maint.
F & E
Unit Total
32
100W OCALA BLK L51
$8.78
$1.72
$3.03
$13.53
$432.96
2
16' VICTORIAN II DUAL PLBC16VD
$18.06
$0.00
$0.00
$18.06
$36.12
28
16 VICTORIAN 11 SNGL BLK PLBC16VB
$13.07
$0.00
$0.00
$13.07
$365.96
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Rental, Maintenance, FILE Totals:
Estimates valid for 30 days and subject to change.
$683.04
$55.04
$96.96
Project
Summary
I Totals
Proposed Estimated Monthly Rental $835.04
t Deposit $0.00
4 CIAC $0.00
Estimated Monthly Rentals excludes applicable taxes, franchise fees and any customer changes.
t Deposit - The deposit amount equals approximately two months of the monthly rental and will be billed to you separately.
4 CIAC - The invoice for the Contribution in Aid of Construction will be mailed to you separately upon approval of this proposal
and payment is due before the work can be released to scheduling of construction.
in order for us to Proceed with the above Proposed liahtina design we will need an authorized
signature on this Proposal and any other reauired documents enclosed. Please return these
slaned documents to the mailing address above or email the scanned PDF if instructed
The CIA charge is subject to change after 30 days or in the event you request or cause any changes to this proposal.
Progress Energy will cap for locate of all public facilities. Any customer owned utilites would need to be located and marked at your expense.
If any or all of these lighting facilities will eventually be submitted to a governmental agency for inclusion into a taxing district. MSTU or MSSU special
assessment program, please verify that these facilities meet the requirements within that jurisdiction. Should the agency not accept these facilities into
Thank you for your lighting request. We took forward to working with you on this project.
Authorized Signature Date
(Please sign and date to approve this proposal and return to the mailing address above)
to
. 3 Progress Energy
PE Contact:
Phone:
JEFF ZAHARIS
407 - 905 -3303
Details
Customer: CITY OF OCOEE
Site: VINEYARDS
Contact: DAVID WHEELER
Pho ne: 407 - 905 -3100
March 2, 2011
Scope of Request
STANDARD LIGHTING
(32) 100 WATT HPS
(30) 30' CONCRETE POLES
Estimated Monthly Rental excludes applicable taxes, franchise fees and any customer charges.
t Deposit - DO NOT pay the deposit until you receive your bill. The deposit amount equals approximately two months of the
monthly rental and will be billed to you separately on your Progress Energy bill.
b CIAC - Contribution of Aid in Construction is due BEFORE this Work Request can be released to construction.
In order for us to proceed with the above proposed liahtina design it is necessary that all enclosed
documents have an authorized signature and are returned in the enclosed envelope alona with the
CIAC payment made out to Progress Enerav Florida, Inc
The CIAC charge is subject to change after 30 days or in the event you request or cause any changes to this proposal
Progress Energy will call for locate of all public facilities. Any customer owned utilites would need to be located and marked at your expense.
If any or all of these lighting facilities will eventually be submitted to a governmental agency for inclusion into a MSTU or MSBU special assessment program,
please verify that these facilities meet the requirements within that jurisdiction. Should the agency not accept these facilities into their program, the entity who
signs the Lighting Service Contract will remain responsible for payment.
Thank you for your lighting request. We look forward to working with you on this project.
Lighting Proposal
WR 3517200
Authorized Signature Date
(Please sign and date to approve this proposal and return in the enclosed envelope)
Per
Unit
Sub -Total
Quantity
Required
Product Description
Fixtures and Poles
Rental
Maint.
Fuel &
Energy
Unit
Total
32
100W HPS ROADWAY Q116, Q116S
$6.22
$1.72
$3.02
$10.96
$350.72
30
30/35' CONCRETE PLBC301 / 351
$5.05
$0.00
$0.00
$5.05
$151.50
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Rental, Maintenance, F &E Totals:
Estimates valid for 30 days and subject to change.
$350.54
$55.04
$96.64
Project
Summary
Totals
Estimated Monthly Rental $502.22
t Deposit
CIAC $0.00
Estimated Monthly Rental excludes applicable taxes, franchise fees and any customer charges.
t Deposit - DO NOT pay the deposit until you receive your bill. The deposit amount equals approximately two months of the
monthly rental and will be billed to you separately on your Progress Energy bill.
b CIAC - Contribution of Aid in Construction is due BEFORE this Work Request can be released to construction.
In order for us to proceed with the above proposed liahtina design it is necessary that all enclosed
documents have an authorized signature and are returned in the enclosed envelope alona with the
CIAC payment made out to Progress Enerav Florida, Inc
The CIAC charge is subject to change after 30 days or in the event you request or cause any changes to this proposal
Progress Energy will call for locate of all public facilities. Any customer owned utilites would need to be located and marked at your expense.
If any or all of these lighting facilities will eventually be submitted to a governmental agency for inclusion into a MSTU or MSBU special assessment program,
please verify that these facilities meet the requirements within that jurisdiction. Should the agency not accept these facilities into their program, the entity who
signs the Lighting Service Contract will remain responsible for payment.
Thank you for your lighting request. We look forward to working with you on this project.
Lighting Proposal
WR 3517200
Authorized Signature Date
(Please sign and date to approve this proposal and return in the enclosed envelope)
CITY OF OCOEE
150 N. LAKESHORE DR.
OCOEE, FL 34761 -2258
Vineyard Residence Assn, Inc.
Sentry Management
2180 West SR 434 Suite 5000
Longwood, FL 32779 -5042
ACCOUNT NO: 40027
STATEMENT DATE :02 /26/13
PAGE NO: 1
Vniu
iv /LU /ii
6Lreet
iignting
524.6-
.00
524.62
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
CITY OF OCOEE
150 N. LAKESHORE DR.
OCOEE, FL 34761 -2258
Vineyard Residence Assn, Inc.
Sentry Management
2180 West SR 434 Suite 5000
Longwood, FL 32779 -5042
10552 02/15/13 SPECIAL STREET LI
PLEASE RETURN THIS
ACCOUNT NUMBER: 40027
Vineyard Residence Assn, Inc.
Sentry Management
2180 West SR 434 Suite 5000
Longwood, FL 32779 -5042
REMIT TO:
CITY OF OCOEE
150 N. LAKESHORE DR.
OCOEE, FL 34761 -2258
TOTAL DUE: 8,918.54
AMOUNT PAID:
ACCOUNT NO: 40027
STATEMENT DATE:02 /26/13
PAGE NO: 2
524.62 .00
PORTION WITH PAYMENT
INDICATE INVOICES
PAID:
9670
524.62
9671
524.62
9672
524.62
9673
524.62
9754
524.62
9798
524.62
9877
524.62
9941
524.62
10026
524.62
10088
524.62
10136
524.62
10186
524.62
10280
524.62
10289
524.62
10386
524.62
524.62