Loading...
HomeMy WebLinkAboutItem #08 Approval of McCormick Woods Subdivision Phase 3 PlatC of Good Lip CI , AGENDA ITEM COVER SHEET Meeting Date: M 5, 2013 Item # g Reviewed By. Contact Name: David A. Wheeler, P.E. Department Director: ' Contact Number: 407 - 905 -3100, ext. 1504 City Manager: Subject: McCormick Woods Subdivision Phase 3 Plat Approval (District 1 — Commissioner Hood) Background Summary: This plat is for phase 3 of the McCormick Woods subdivision, the final phase of this development. The McCormick Woods subdivision is located at the southwest corner of Ingram and McCormick Roads. The overall subdivision contains 212 single family lots on 79.77 acres; and phase 3 comprises 30 of those lots on 9.87 acres of the development. The developer has planned for upgraded street lights to match the street lights in the first two phases and has executed the Developers and Homeowners Association Agreement for Upgraded Street Lights. The McCormick Woods subdivision is a gated community; therefore the developer has executed the Traffic Enforcement Agreement to allow for police jurisdiction within the subdivision. Issue: Should the City approve the Phase 3 Plat for the McCormick Woods Subdivision and related documents? Recommendations The Planning, Engineering, and Police Departments recommend the approval of the plat for phase 3 of the McCormick Woods subdivision, the Developers and Homeowners Association Agreement for Upgraded Street Lights, and the Traffic Enforcement Agreement by the City Commission and to authorize the Mayor and City Clerk to sign the plat and the related documents. Attachments: 1) McCormick Woods Phase 3 Plat 2) Developers and Homeowners Association Agreement for Upgraded Street Lights 3) Traffic Enforcement Agreement Financial Impact: The financial impact is the undeveloped land will be covered with residential homes and property tax base. increase t Type of Item: (please marts with an 'k') Public Hearing Ordinance First Reading Ordinance Second Reading Resolution Commission Approval Discussion & Direction For Clerk's Dept Use: Consent Agenda Public Hearing Regular Agenda Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney 0 02 L. N/A Reviewed by Finance Dept. N/A Reviewed by () N/A 2 McCORMICK WOODS PHASE 3 BEING A REPLAT OF A PORTION OF WEST ORANGE MEMORIAL PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK Y, PAGES 137 -138, LYING IN SECTION 32, TOWNSHIP 21 SOUTH, RANGE 28 EAST CITY OF OCOEE, ORANGE COUNTY, FLORIDA DfSCRIPTRRE: 1. QP WEST D . PACES 1J] AND iJ& s.6,ETOU xoWr x HAT B4vt P 6). PA6ES 1.3 uA f.�S Rl _l W �MCE���(apV > (m iMT awed [.B6mAD As aAr AN eta�uWl. y �� p � y R,nrls�vwt Hfd111EMSIMMINW YNRB]IM'S mw ga'�ulA u CIA w Atm a�w+ — v s OF q ff CIS F.wL IXWrtn Liw �Wr AM�G�ns si�i a�xr® e E to r�S � WiKI..E. Nw- fmUST£ FAmEfIt Im Im.41MU1 Mm &nvF A[m5 oum w.mm+�`�aAnm�i o Arm rs iww is %w. mlraA� srA,c r� w a iwr. _ _ — p- 1 urz m'�'�iun oo« sir, 9>,R9ma BOO r°m A�'' P 6x'"' T . �� AccHUS muI r r fixn HAUC of mARgc mmnr. e °-.,,. xAxwr6 mos -ory remmm u mq+Ai umms n: Hma+A x�TS nasrrv«�n As 1: : °P'W'Ea°w� ff namt ° naww xe oH.m1 PL1iMW OF SEC— J2, 10xEA"HS If S , PIJN£. EAST ORANGE C ". Ei_A, BEM. MOPE PARDG-1 DESCRIBED AS EIXLDWS 1/4) TEE O1TIFAST CDRNW OF ME HOaTl1EAST DNE -WM1Qt (NE aE THE xTSr ora:- wARTER @w T/) or sECTTau JT, rowasErP 21 SWIH, RANGE 2B EA6T, TIRNC£ SwTH DDOTT EAS( 0T. i WE-wA 1 1 . (— .F SAID SECMM J2 A Tq/STA OF ) 7 CFff .G %9J ET'Ei- IRATE NDRDI e8'tJY9' WEST. 61 &0.l fiFF WIDIti NORTH CGDTJ9' W£Si 9 DI' TIS FASRRLY RIGHT -OF -WAY lllff .F STA1E R.Ap 29, A pSTM E OF' OF A 7NE 1 T fEEP ST W E N. M IER (ME' T/I) OF EAST AfIXI. � NGRIH DNE 6 THE - T14). w- WARR (NE ITS ­— ­- 0.'S- wAa1ER (SW %) 0.c SAD gCTpN J2 pSTANCE 61 r8T ET£i TD THE —T DF BEpNNMG lHE AB01£ DESCRIBED PARw. CCNTAMS 9.866 ApRS MORE DR IfS LOCAPON MAP fFGE1JD £ ANB AB&tENAnwS nu aiWn 9EAUAraxT ne+vmra Rrn+ArcRr ® wa R�evA+cvr 9m1 R� p m� rvi r�T aEmg9 (re) '�` (irsxo m wNn NOTICE THIS PLAT. AS RECORDED IN ITS GRAPHIC FORM, IS THE OFFICIAL DEPICTION OF THE SUBDINDED LANDS DESCRIBED HEREIN AND WILL IN NO CIRCUMSTANCES BE SUPPLANTED IN AUTHOR17Y BY ANY OTHER GRAPHIC OR DIGITAL FORM OF THE PLAT. THERE MAY BE ADDITIONAL RESTRIC77ONS THAT ARE NOT RECORDED ON THIS PLAT MAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. 20 S MAM STREET, SVIfE 2TG WmTER GARDEN. n x]B] %HAN M cERnFlU E VEYING ° Oe s'oBeis AFO w.nMimmxvwy 9 v APPING, W,c SHEET 1 OF 2 SHEETS McCORMICK WOODS PHASE 3 DEDICATION °1 A RmxA urtm unBUn cvPNm �� xrnHEA�o � `- �tk,oTm Hxn w.NC ,w A A S mr.N TsEUT �; } ;r,` mvN 65ptlEN_d {lir!!" w FEBPngLV 25 m'osK AR 9HVn AVxmav m r wt MFSCMr of pAHm.[s N' o �0. uG n [o� ,. A.s ��nov aExE,� E�axcr - -� EmaES (r ror rcaeic ou a•_ :4 -Y -2D 13 QUALIFICATION AND STATEMENT OF SURVEYOR AND - MAPPER CERTIFICATE OF REVIEW BYCITY SSURVEYf�R Nm�mnT CERTIFICATE OF APPROVAL BY DEVFLOPMENT SERVICES DIRECTOR CERTIFICATE OF APPROVAL BY CITY ENGINEER CERTIFICATE OF APPROVAL BY THE BOARD OF CITY COMMISSIONERS CERTIFICATE DF COMPTROLLER J _ — —t M C CORMICK WOODS PHASE 3 BOOK PAGE BEING A REPLAT OF A PORTION OF WEST ORANGE MEMORIAL PARK, ACCORDING TO THE PLAT THEREOF SHEET 2 OF 2 SHEETS AS RECORDED IN PLAT BOOK Y, PAGES 137 -138, LYING IN SECTION 32, TOWNSHIP 21 SOUTH, RANGE 28 EAST CITY OF OCOEE, ORANGE COUNTY, FLORIDA _ �,i�c� wan s ssrnw u - c — neeRCUrA TOP DRIVE _ T 34 > s eaa I I Y ft?CT _ _. s - E i I I 40 ¢arzsnc smut• awes I t0 I ��I• / ,nmrrr 1 MLCORMICK WOODS PHASE 1 j}•` % a v I I--------- - - - - -- j PER PLAT BOOK 67, PAGES 142 -146 I 35 / 33 / o arwm sssrrar.e 4a" I I I 38 37 I I a 36 11 I DB I I n wmM aw v p'° e.M,�sla�riuv) g I I 39 rr s r%a v srnw r y I I 'E r� m ac a ° n z6° ^ wm wvr, m (r mtumr n 1 mx <xo ew, m1 32 (al re.°°' 1 1 lu I N891B'16Y 617.8Y x®tr�6E - --- -- - - -_ -r .-- - - - - -� I I 1 1 ia3 L � Ery g 206 207 a 208 C $ry 209 8 210 \ ( ANA I _ ° 1 1 (ry um mrt(m) I I J �• e d KY 70P 1'� ° v / a �jb�l� 1 I vs, saartx o ra.zY ci,�5� s a rKraun euAaas I ) � r �.•? iuJ� n I t,wl rnru SKY � � a ------ i �„ �„el �^ TRACT E� DRIVE 211 30 I 'y ow s' &�.r u_.w.t°• ­ S I �' / , f __________ I�� GRAPHIC SCALE 1 W a h ^ ti a I g zoa ryR 203 „- 202 ,„ zGf 2oD o ° y 21z z9 a �.T Y�'p j O ° '1 II 11 ` n II 1 I I o 1 h - - -- - - -- I N L-- >aW' - -il L- -J L__- ar.�o•- e m ---- - -- - -- I 1 1 Ip f m 9 � L J eru7.•w n,.w' WOOSTER a A 199 ig DRIVE \ ZM$ 1v 11' w e . p d B . ^ Y Ca ' aan cvrr frml J rr p - -_r - _________ -_ 0 n g ~ 1 194 F 195 196 tzar m°) 6n \° a xl 183 1 ~ C 8 5 �_ µ� ,v V�ciW ^ 2 I W F• L_- _,mrsYar____'R . c yW C$ ~ a i is BELLE FERN X1 1 1 C) i; w � 184 3e i W a §� I 1 m ts7 ,°-° COURT L J ---- la m 1 ar _w-. --.., I _________ Uo o m -- - --- - i I „* TRACT E Ls �� +>•` 8 8 s e ~ � ,nn,r E __ d �s - ,mnr.r1 � r a t 1 192 I II II II rl al 191 190 $ 189 - 188 Fg ^t s as R j e � j A =' �� 167 § � � � 8• 4 L _ . _ . _xn+�'. _ I a �______ ��= t Ma9Rr1e'w � t_- Ti°.a• - = � 1 -� V � -.zir __ � t- st - s= I � � . I 1 rVgi 1 1 I I R" - 20 S NAM 51REtT, ­0 310 I I I 1 1iY wL 8 MINIFR GARDEN, ri J1]BJ I I i i ^l a Iii ISHMAN cEnmrFlCA,E r>F Auntununcw, L07 f4 I LOT 15 I ms I I I I I LOT i6 d�i� WEST ORANGE MEMORIAL PARK I I .wrsas.sen URVEYING R arsosm s I I PER PLAT BOOK Y, PAGE 137 -138 nn>o wwveMmmmaroying.rom APPING, wc. TRAFFIC ENFORCEMENT AGREEMENT (McCormick Woods) THIS TRAFFIC ENFORCEMENT AGREEMENT ( "Agreement ") is made and entered into as the 3rd day of January, 2013, (the "Effective Date ") by and between McCormick Woods Homeowners Association, Inc. whose mailing address is c/o Specialty Management, 882 Jackson Avenue, Winter Park FL 32789 (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 "). WITNESSETH: WHEREAS, the Association is a not - for - profit corporation existing pursuant to and in accordance with Florida Statutes, Chapter 617, Corporations Not For Profit, §§ 617.301- 617.312; and WHEREAS, the Association is a homeowners association organized pursuant to Florida Statutes, Chapter 720, Homeowners' Association, General Provisions, §§ 720.301 - 720.313; 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, (hereinafter referred to as the "Private Roads "); and WHEREAS, Florida Statutes, Chapter 316, State Uniform Traffic Control § 316.006(2)(b) regarding jurisdiction 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, Chapter 316, State Uniform Traffic Control, § 316.640(3) regarding enforcement 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 § 316.006(2)(b) so that the City may enforce the traffic laws of the 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. 1 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 incorporate herein by this reference. 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 enforcing 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 police department will enforce Florida Statutes, Chapter 316, State Uniform Traffic Control and the Code of the City of Ocoee, Chapter 168, Vehicles and Traffic, 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 Signs and Markings_ All traffic control signs and markings within the subdivision shall be in compliance with the Manual on Uniform Traffic Control Devices (MUTCD), and shall be installed and maintained by the Association. The City shall have the right at any time to require installation, maintenance and modification of 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 5. 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. The parties hereby agree that the Annual Fee is made as reimbursement for (i) the actual costs of traffic control and enforcement, and (ii) the additional liability insurance costs incurred by the City as a result of this Agreement. Section 6. Indemnification The Association hereby agrees to indemnify and hold the City harmless from and against all losses, 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 and liability on the 2 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 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 not done in connection with this Agreement. Nothing set forth in this Agreement shall be deemed or construed as a waiver of sovereign immunity by the City and the City shall have and maintain at all times and for all purposes any and all rights, immunities and protections available under controlling legal precedent and as provided under Section 768.28, Florida Statutes and other applicable law. This indemnification and hold harmless shall survive any termination of this Agreement. Section 7. 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. This Agreement will automatically renew for an additional two -year term at the end of each two -year term unless the Agreement has been terminated in accordance with this Section. Section 8. Applicable Law This Agreement and the provisions contained herein shall be liberally construed and interpreted according to the laws of the State of Florida. Section 9. Agreement; Amendment This Agreement constitutes the entire agreement between the parties, and supersedes all previous discussions, understanding and agreements, with respect to the subject matter hereof. The parties shall make amendments to and waivers of the provisions of this Agreement only in writing and by formal amendment. Section 10, 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 11. 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 12. Severability 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. 3 Section 13. 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. SIGNATURES ON FOLLOWING PAGE M 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. MCCORMICK WOODS HOMEOWNERS ASSOCIATION, INC. Signed, sealed and delivered In the presence of: P ' t Name ti j ';14,110► - Print Name — _ — b� A Y Name: Diana Cabrera Title: President (CORPORATE SEAL) Executed on: January 3, 2013 STATE OF FLORIDA COUNTY OF SEMINOLE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared and who ( . X) is personally known to me or (_) produced Dj A 0-68AZE2A Identification and that he /she acknowledged executing the same in the presence of two subscribing witnesses, on behalf of said corporation, freely and voluntarily, for the uses and proposes therein expressed. WITNESS my hand and official seal in the County and State last aforesaid the V —1t day of n , . . PATRICIA a SMITH MY COMMISSION # EE 219042 �•, as EXPIRES: September 2, 2016 Bonded Thru Notary Publk Underwriters Signature of Notary PATRICIA A SM17H Name of Notary (Typed, Printed, or Stamped) Ea Commission Number (if not legible on seal): E / 9_ o My Commission expires (if not legible on seal) Revised August 18, 2010 4 ORIA_1609026.2 CITY: Signed, sealed and delivered in the Presence of: Print Name Print Name Approved as to form and legality this day of , 20 Shuffield, Lowman & Wilson P.A. By: City Attorney STATE OF FLORIDA COUNTY OF ORANGE FOR USE AND RELIANCE ONLY APPROVED BY THE OCOEE CITY BY THE CITY OF OCOEE, FLORIDA. COMMISSION AT A MEETING HELD CITY OF OCOEE, FLORIDA S. Scott Vandergrift, Mayor Attest: Beth Eikenberry, City Clerk (SEAL) Executed on: ON ,UNDER AGENDA ITEM NO. I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the Sate and County aforesaid to take acknowledgements, 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 , Signature of Notary Name of Notary (Typed, Printed or Stamped) Commission Number (if not legible on seal): _ My Commission expires (if not legible on seal): Revised August 18, 2010 5 ORt.A_1609026.2 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: 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 15th day of January 2013 by and between M/I Homes of Orlando, LLC (hereinafter referred to as the "Developer ") whose address is 400 International Parkway Suite 470, Lake Marv, FL 32746 McCORMICK WOODS HOMEOWNERS ASSOCIATION, INC., a Florida not for profit corporation (hereinafter referred to as the "Association ") whose address is 882 Jackson Avenue, Winter Park, FL 32789 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 McCormick Woods Phase 3 (the "Subdivision ") approved by the Ocoee City Commission on June 6, 2006 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 For Recording Purposes Only 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 10 Ocala streetlights on 16 foot Colonial Single 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 3515530 (dated February 15, 2011) (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 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. 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 Revised 9111/12 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 in the presence of: Print Name: Print Name: CITY OF OCOEE, FLORIDA MAYOR ATTEST: 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 AND LEGALITY, THIS DAY OF SHUFFIELD, LOWMAN& WILSON, P.A. M , STATE OF FLORIDA COUNTY OF ORANGE CITY ATTORNEY 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 , 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 Revised 9 /11/12 Developers and Homeowners Association Agreement for Upgraded Streetlights Signed, sealed and delivered in the presence of: DEVELOPER: M/I HOMES OF ORLANDO, LLC i� \Jnaz� Witness CIA A BMrM STATE OF ELb e- I-D A COUNTY OF t ►'1 N n��. Signa Print l Title: (SEAL) I HEREBY CERTIFY that on this day, before me, an officer duly authori . the State and County aforesaid to take acknowledgments, personally appeared David Byrnes ersonally known o me, or who provided as identification, as the Area President an ice resident of M/I Homes of Orlando. LLC " and that he /she acknowledged executing the same freely and voluntarily under authority duly vested in him/her. a d WITNESS my hand and official seal in the County and State last aforesaid this J = day of January 2013. [NOTARY SEAL OR STAMP] PATRICIA MITH EE 219042 September nden ere Name: PATRICIA A SMrrj. Title: Notary Public My Commission Expires:��� S Revised 9/11/12 Developers and Homeowners Association Agreement for Upgraded Streetlights Signed, sealed and delivered in the presence of: Witn ry$�MZ, 5+ f4t S` fke oL tne5 J&71 Fz`2 f1 c'� s JK/91�7 STATE OF E Lo iL I PA COUNTY OF 6e11q t A -)oL -E ASSOCIATION: McCORMICK WOODS HOMEOWNERS ASSOCIATION, INC. Signature: �' J—' Print Name: Diana Cabrera Title: President (SEAL) I HEREBY CERTIFY that on this day, before me, an officer duly autho ' _i it - t ate and County aforesaid to take acknowledgments, personally appeared Diana Cabrera ersonall known me, or who produced as identification, as the President of McCormick Woods 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 3 rA day of January 2013. [NOTARY SEAL OR STAMP] 1�1 • "Y @@� PATRICIA A. SMITH ?Q• : { �- MY COMMISSION # EE 219042 EXPIRES: September 2, 2016 Bonded Thru Nota ry Public Underwriters Name: Title: Notary Public My Commission Expires:L���C� 6 Revised 9/11/12 pl- Developers and Homeowners Association Agreement for Upgraded Streetlights Exhibit "A" (The "Property ") DESCRIPTION: A PORTION OF WEST ORANGE MEMORIAL PARK, ACCORDING TO PLAT BOOK Y, PAGES 137 AND 138, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. A PORTION OF SECTION 32, TOWNSHIP 21 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF THE NORTHEAST ONE - QUARTER (NE 1/4) OF THE SOUTHWEST ONE - QUARTER (SW 1/4) OF SECTION 32, TOWNSHIP 21 SOUTH, RANGE 28 EAST; THENCE SOUTH 00 °07'25" EAST ALONG THE EAST LINE OF THE NORTHEAST ONE - QUARTER (NE 1/4) OF THE SOUTHWEST ONE - QUARTER (SW 114) OF SAID SECTION 32, A DISTANCE OF 707.93 FEET; THENCE NORTH 88 °23'49" WEST, 618.03 FEET; THENCE NORTH 00 0 07'39" WEST ALONG THE EASTERLY RIGHT -OF -WAY LINE OF STATE ROAD 429, A DISTANCE OF 683.41 FEET; THENCE NORTH 89'19'46" EAST ALONG THE NORTH LINE OF THE NORTHEAST ONE - QUARTER (NE 1/4) OF THE SOUTHWEST ONE - QUARTER (SW 1/4) OF SAID SECTION 32, A DISTANCE OF 617.82 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 9.866 ACRES MORE OR LESS.