HomeMy WebLinkAboutItem #03 a.b. Approval of Brynmar Phase 2 Subdivision Plat and Agreement for Upgraded Street LightsIkZ
Ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: July 16, 2013
Item # �� C, V1
Contact Name: David A. Wheeler, P.E.
Contact Number: 407- 905 -3100, Ext. 1 504
Reviewed By `
Department Director:
City Manager:
Subject: Brynmar Phase 2 Subdivision Plat Approval and Agreement for Upgraded Street
Lights (District 1 — Commissio Grogan)
Background Summary:
This plat is for phase 2 of the Brynmar subdivision, the final phase of this development. The Brynmar
subdivision is located at the southeast corner of McCormick and Ingram Roads. The overall subdivision
contains 95 single family residential lots on approximately 33.48 acres of land. The phase 2 portion of the
development comprises 31 of those lots on approximately 8.36 acres of land.
Columnar Develop, LLC has also chosen to install upgraded street lights to match those installed in phase 1 of
the development and has pre -paid Progress Energy Florida, Inc. the capital installation cost. Columnar
Develop, LLC has executed the City of Ocoee's revised Developers and Homeowners Association Agreement
for Upgraded Street Lights for the entire subdivision.
Issue:
Should the City approve the Phase 2 Plat for the Brynmar Subdivision and related documents?
Recommendations
The Planning and Engineering Departments recommend the approval of the plat for phase 2 of the Brynamr
subdivision and the Developers and Homeowners Association Agreement for Upgraded Street Lights by the
City Commission and to authorize the Mayor and City Clerk to sign the plat and the related documents.
Attachments:
1) Brynmar Phase 2 Plat
2) Developers and Homeowners Association Agreement for Upgraded Street Lights
Financial Impact:
The financial impact is the undeveloped land will be covered with residential homes and increase the City's
property tax base.
Type of Item: (please mark with an z')
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 1 N/A
Reviewed by Finance Dept. N/A
Reviewed by () N/A
2
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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
For Recording Purposes Only
DEVELOPERS AND HOMEOWNERS ASSOCIATION AGREEMENT
FOR UPGRADED STREETLIGHTS
DEVELOPERS AND HOMEOWNERS ASSOCIATION AGREEMENT
FOR UPGRADED STREETLIGHTS (this "Agreement ") is made and entered into this
day of , 20, by and between 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 Bra (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 Duke Energy the upfront
deposit and Contribution of Aid in Construction costs (the "Duke Energy Costs ")
required prior to installation of the Upgraded Streetlights; and
WHEREAS, the costs associated with the rental, maintenance and fuel /energy
charges (the "Upgraded Streetlight Cost ") for the Upgraded Streetlights shall be in
excess of the amount paid by the City for standard street lighting (the "Standard
Streetlight Cost ") pursuant to the City's agreement with Duke Energy; and
WHEREAS, the City agrees to allow this type of street lighting by the Developer
for use in the Subdivision provided that the Developer or the Association pays the
Upgraded Streetlight Cost to Duke Energy; and
WHEREAS, the City agrees to pay to Developer or Association the Standard
Streetlight cost; 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 16 foot Washington
decorative poles throughout the Subdivision as designed by Duke Energy and approved
as part of the subdivision plan and specifications.
2. The Duke Energy costs were calculated on Lighting Proposal WR 216162 (the
"Lighting Proposal ") as executed between the Developer and Duke Energy. The
Estimated Monthly Rental, Maintenance, and Fuel /Energy charges were also detailed on
said Lighting Proposal.
3. The Developer acknowledges and agrees to pay Duke Energy the full monthly
Upgraded Streetlight Costs until the end of the calendar year in which control of the
Association is turned over to the homeowners (the "Turnover ") as provided in the
declaration of restrictive covenants for the subdivision (the "Declaration "). Thereafter,
the Association shall be responsible for payment to Duke Energy of the Upgraded
Streetlight Costs.
4. The Developer and /or the Association shall cause the Declaration to specifically
provide that: (i) the Association shall be responsible for the Upgraded Streetlight Cost
after the Turnover; (ii) the Association shall have the power and authority to assess each
lot owner within the Subdivision for the Upgraded Streetlight Cost, 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 (iii) no termination of the Declaration shall void the duty of
the Association to reimburse Duke Energy for the Upgraded Streetlight Costs unless
specifically allowed in writing by the City.
5. 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, 2 and 3 of this Agreement without the consent of the City evidenced by a
written joinder and consent recorded with any such amendment.
6. The City agrees to pay the Standard Streetlight Cost to the Developer prior to the
Turnover and to the Association after the Turnover on a monthly basis. The city shall not
be obligated to make said payment in the event Duke Energy discontinues streetlight
service to the Subdivision.
7. 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.
8. The Developer shall pay to the City the cost of recording this Agreement in the
Public Records of Orange County, Florida.
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.
10. 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
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:
CITY OF OCOEE, FLORIDA
Print Name:
Print Name:
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, APPROVED AS
TO FORM AND LEGALITY, THIS
DAY OF
SHUFFIELD, LOWMAN & WILSON, P.A.
CITY ATTORNEY
STATE OF FLORIDA
COUNTY OF ORANGE
ATTEST:
MAYOR
CITY CLERK
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD ON
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, 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 1 20
Notary Public
My Commission Expires:
Signed, sealed and delivered in the presence
of.
Witness
DEVELOPER:
Columnar Development, LLC, an Indiana
limited liability company
Signature:
Print Name:
Title:
Witness
STATE OF
COUNTY OF
(SEAL)
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in
the State and County aforesaid to take acknowledgments, personally appeared
personally known to me, or who provided
as identification, as the of
, , and that he /she
acknowledged executing the same freely and voluntarily under authority duly vested in
him /her.
WITNESS my hand and official seal in the County and State last aforesaid
this day of , 20
[NOTARY SEAL OR STAMP]
Name:
Title: Notary Public
My Commission Expires:
ASSOCIATION:
Signed, sealed and delivered in the presence
of:
Br , nmar Homeowners Association, Inc.,
a Florida not for profit corporation
Signature:_
Print Name:
Title:
Witness
Witness
STATE OF
COUNTY OF
(SEAL)
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in
the State and County aforesaid to take acknowledgments, personally appeared
, personally known to me, or who produced
as identification, as the of
Homeowners Association, Inc., a Florida not for
profit corporation, and that he /she acknowledged executing the same freely and
voluntarily under authority duly vested in him/her by said corporation and that the seal
affixed thereto is the true corporate seal of such corporation.
WITNESS my hand and official seal in the County and State last aforesaid
this day of 20
[NOTARY SEAL OR STAMP]
Name:
Title: Notary Public
My Commission Expires:
Exhibit "A"
PHASE ONE:
A PORTION OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 32,
TOWNSHIP 21 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA,
DESCRIBED AS FOLLOWS:
COMMENCE AT THE EAST 1/4 CORNER OF SECTION 32, TOWNSHIP 21
SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE N00 °12'43 "E,
ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF
SAID SECTION 32, A DISTANCE OF 636.76 FEET, TO THE POINT OF
BEGINNING; THENCE S89 °29'42 "W, A DISTANCE OF 400.40 FEET; THENCE
S00 °28'59 "E, A DISTANCE OF 178.56 FEET; THENCE S89 °31'01 "W, A DISTANCE
OF 50.00 FEET TO A POINT ON A NON - TANGENT CURVE CONCAVE
SOUTHWESTERLY, HAVING A RADIUS OF 22.00 FEET, A CENTRAL ANGLE OF
90 °00'20 ", A CHORD BEARING OF N45 °29'09 "W AND A CHORD DISTANCE OF
31.11 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, A
DISTANCE OF 34.56 FEET TO THE POINT OF TANGENCY; THENCE
S89 °30'41 "W, A DISTANCE OF 98.00 FEET; THENCE S00 °28'59 "E, A DISTANCE
OF 149.11 FEET; THENCE S89 °33'11 "W, A DISTANCE OF 721.15 FEET TO A
POINT ON THE EAST LINE OF THE WEST 30.00 FEET OF THE SOUTHEAST 1/4
OF THE NORTHEAST 1/4 OF SAID SECTION 32; THENCE N00 °07'38 "E, ALONG
SAID EAST LINE, A DISTANCE OF 965.11 FEET TO A POINT ON THE SOUTH
RIGHT -OF -WAY LINE OF MCCORMICK ROAD ACCORDING TO THE DEED
RECORDED IN DEED BOOK 389, PAGE 281, PUBLIC RECORDS OF ORANGE
COUNTY, FLORIDA; THENCE N89 °42'28 "E, ALONG SAID SOUTH RIGHT -OF-
WAY LINE, A DISTANCE 1289.22 FEET TO A POINT ON AFORESAID EAST
LINE OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 32;
THENCE S00 0 12'43 "W, A DISTANCE OF 655.44 FEET TO THE POINT OF
BEGINNING.
PHASE TWO:
THAT PORTION OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF
SECTION 32, TOWNSHIP 21 SOUTH, RANGE 28 EAST, ORANGE COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE
NORTHEAST 1/4 OF SECTION 32, TOWNSHIP 21 SOUTH, RANGE 28 EAST,
ORANGE COUNTY, FLORIDA; THENCE S89 °30'05 "W, ALONG THE SOUTH LINE
OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4, A DISTANCE OF 658.68
FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE
SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 32; THENCE
N00 10' 10 "E, ALONG THE WEST LINE OF SAID SOUTHEAST 1/4 OF THE
SOUTHEAST 1/4 OF THE NORTHEAST 1/4, A DISTANCE OF 331.14 FEET TO A
POINT ON THE SOUTH LINE OF BRYNMAR PHASE 1, ACCORDING TO THE
PLAT THEREOF, AS RECORDED IN PLAT BOOK 78, PAGES 38 -41, PUBLIC
RECORDS OF ORANGE COUNTY, FLORIDA; THENCE EASTERLY AND
NORTHERLY ALONG THE SOUTHERLY LINE OF SAID BRYNMAR PHASE I
THE FOLLOWING SEVEN (7) COURSES AND DISTANCES; THENCE
N89 °33'11 "E, A DISTANCE OF 92.23 FEET; THENCE N00 °28'59 "W, A DISTANCE
OF 149.11 FEET; THENCE N89 °30'41 "E, A DISTANCE OF 98.00 FEET TO THE
POINT OF CURVATURE OF A CURVE CONCAVE SOUTHWESTERLY, HAVING
A RADIUS OF 22.00 FEET, A CENTRAL ANGLE OF 90 0 00'20 ", A CHORD
BEARING OF S45 0 29'09 "E AND A CHORD DISTANCE OF 3 1. 11 FEET; THENCE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 34.56
FEET TO THE END OF SAID CURVE; THENCE DEPARTING SAID CURVE, RUN
N89 °31'01 "E, A DISTANCE OF 50.00 FEET; THENCE N00 °28'59 "W, A DISTANCE
OF 178.56 FEET; THENCE N89 °29'42 "E, A DISTANCE OF 400.40 FEET TO A
POINT ON THE EAST LINE OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4
OF SAID SECTION 32; THENCE DEPARTING SAID SOUTHERLY LINE OF
BRYNMAR PHASE 1, RUN S00 0 1 2'43 "W, ALONG SAID EAST LINE, A DISTANCE
OF 636.76 FEET, TO THE POINT OF BEGINNING.