III (B) Approval and Authorization of Developer and Homeowners Association Agreement for Upgraded Street Lighting for Admiral Pointe Phase II Agenda�(p� 7-20-99
"CENTER OF GOOD LIVINGPRIDE OE WEST ORANGE" MAYLMYc4LN[jsIoNER
Ocoee S. SCOIl'VANDERGRIFT
°` 4 CITY OF OCOEE COMMISSIONERS
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4 OCOEE,15 N FLARES RE DR2258 ON
RUSTY I01IN50N
'"qr _% ,�@ (407)656-2322 NANCY 1. PARKER
!q Of G000 O CITY MANAGER
ELLIS SHAPIRO
MEMORANDUM
DATE: July 14, 1999
TO: The Honorable Mayor and Board of City Commissioners
FROM: Ernie Kovacs
Engineering Aide
SUBJECT: Approval of Admiral Pointe Phase II
Developer and Homeowners Association Agreement
for Upgraded Street Lighting
Issue
Should the Honorable Mayor and Board of City Commissioners give approval of the Upgraded
Street Lighting Agreement for Admiral Pointe Phase II?
Background and Discussion
Admiral Pointe Phase II Subdivision plat has previously been approved by the Mayor and City
Commissioners. As an improvement to their community, the Developer and Homeowners
Association have elected to install upgraded street lighting. This, in turn, necessitates the city
approval of the Upgraded Street Lighting Agreement.
Recommendation
The staff recommends that the Honorable Mayor and Board of City Commissioners approve the
Upgraded Street Lighting Agreement.
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ENGINEERING DEPT
CITY OF OCOEE
150 N. LAKESHORE DR
OCOEE, FL 34761-2258
DEVELOPERS AND HOMEOWNERS ASSOCIATION AGEEEMFNI
FOR UPGRADED STREET LIGHTS
This Agreement, entered trio this 13th day of July , 19 99 , by and between
Sanlando Land Inc. hereinaherr stoned to as
Developer, Admiral Pointe HOA ---
hereinafter referred to as Aseocation, and the car OF OCOEE, hereinafter referred to as City.
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
WHEREAS,for the purpose of developing the subject properly,the Developer has submitted to the
City of Ocoee a subdivision plan and specifications for subdivision to be known as
Admiral Pointe II ; and
WHEREAS,the Developer Intends to develop the/subject property In accordance wan the approved
subdivision plans and specifications, including certain specialized street lighting; and
WHEREAS,in order to Install said street lighting it will be necessary to bstait one 16 ' Class
51 Ocala type street lights for every one 30' concrete conventional fixtures to obtain
the same Wumlnation;lard
WHEREAS, the cost and maintenance of the 16 Class 51 Ocala type street
lights is In axone of the amount paid by the City for street lighting pursuant to the Cloys agreement with
Florida Paver Corporation; and
WHEREAS, the Coy Is In agreement to allow this type of street lighting by the Developer for use In
Admiral Pointe II subdivision provided that the
additional cost thereof is paid for by the Developer and/or the Association; and
WHEREAS,the Developer and Asaoc*tbn are In agreement to pay the additional costs thereof,
NOW THEREFORE, the panes agree as follows:
AdmirI.al Pointe II �r hereby agrees that the Declaration of Covenants Condtiona and Restrictions for
shad specifically provide that the
Association shalt be responsible for the additional cost of street lighting that is over and above that paid for
by the City end shy reknburse the City of Ocoee said additional cost plus an administrative charge epud
to ten (tdj percent of the additional coats and that said Association shell have the power end authority to
assess each lot owner wtNn said subdivision, which said assessment shall be a nen upon each lot and shall
be subject to foreclosure by the Association In the event of non-payment.
2. That the Assocation for 'sell. Its successors and assigns agrees that the Dedaratbn of
C'wnntz Conditions and RestrkYlons for Admiral Pointe II shall not be amended
as it relates to the duty to pay the additional cost of street lighting and the then and enforcement provisions
thereof, without consent of the Coy, and further agrees to be responsible for the additional costs of street
lighting over and above that paid for by the Pity that results from the use of the desired street lighting, plus
the administrative costs set tmrth above.
a The Developer upon the execution or grit Agreement, shad pay to the Chy the cost d recording
this Agreement in Vie Public Records of Orange County,Florida.
FORM-12
Developers and Homeowners Association
Agreement for Upgraded Street Lights
4. Tms Agreement shall be binding and Inure to the benefit of the subject property and be binding
upon the Association and any persons,firm or corporation that may become Its successor In Interest directly
or indirectly to the subject property.
IN WITNESS WHEREOF,the parties hereto have caused those presents to be signed as of the date
and year first above written.
SIGNED, SEALED, AND OEUVERED COY OF OCOEE, FLORIDA
IN THE PRESENCE OF:
MAYOR
Witness
ATTEST:
Witness - City Clerk-
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HEW ON
19
• UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY THE CITY OF
OCOEE, APPROVED AS TO FORM AND
LEGALITY, THIS_ DAY OF
19
FOLEY & LARDNER
•
BY:
CITY ATTORNEY
DEVELOPER:
_aids. La /Mc_
a5
As Its: �GE - tsiL JF
Lines
(SEAL)
FORM-12 2
Developers and Homeowners Association
Agreement for Upgraded Street Lights
ASSOCIATION;
gDMY2Ai-7—OSuTL {
n
By:
As as: RCA P2t ro r
Witness
(SEAL)
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
, 19 .
Notary Public
li My Commission Expires:
FORM-12