V(B) Approval and Authorization for Mayor and City Clerk to Execute Final Plat of Kensington Manor Subdivision
Agenda 02-03-2004
ItemVB&Bl
Mayor
S. Seott Vandergrift
ceuter of Good L .
<\~e ll?i'bo
Commissioners
Danny Howell, District I
Seott Anderson, District 2
Rusty Johnson, Distriet :3
Nanc~' ,1. Parkl~r, Distriet 4
City l'vlanager
.Jim Gleason
STAFF REPORT
TO:
The Honorable Mayor and Board of City Commissioners
FROM:
Alex Z, Nasser, P,E. ~
Staff Engineer
THROUGH: David A Wheeler, P .E.
Public Works Director
DATE: January 27,2004
SUBJECT: Approval of the Kensington Manor Plat
ISSUE:
The Public Works Department requests that the Ocoee Mayor and City Commission approve the
plat for the Kensington Manor Subdivision.
BACKGROUNDIDISCUSSION
This plat is for the Kensington Manor subdivision (f.k.a. McElroy Place), which consists of 127
unit single family residential development. Kensington Manor lies on the southeast corner of the
intersection of W. McCormick Road and future Clarke Road and abutting the north and
northwest shores of Trout Lake. All required documentation pertaining to the platting of this
development has been reviewed and approved by City staff
The developer and/or the Home Owners' Association agreed to pay the additional amount of
money that exceeds what the City of Ocoee normally pays for street lighting in order to install
upgrade street lights. Attached is the Developer's and Home Owners' Association Agreement
for the Upgraded Street Lights.
The developer has posted a Performance Bond in the amount of 115% of cost of the uncompleted
work. The value of that bond is $1.7 million. This is a standard requirement in platting a
development prior to the completion of all construction. The two-year Maintenance Bond will
be furnished to the City at the time of Certificate of Completion.
City of Ocoee . 150 N Lakeshore Drive. Ocoee. Florida 34761
phone: (407) 905-3100 . fax: (407) 656-8504. www.ci.ocoee.f1.us
RECOMMENDATION
Staff recommends that the City Commission approve the final plat of Kensington Manor as
submitted and authorize the Mayor and City Clerk to sign the Plat and execute the attached
Developer's and Home Owners' Association Agreement for the Upgraded Street Lights.
CITY OF OCOEE
DEVELOPERS AND HOMEOWNERS ASSOCIATION AGREEMENT
FOR UPGRADED STREET LIGHTS
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q This Agreemenf, entered into this _ day of G.-v...\.A-(;''';J , 20~, by and between
LI:: ro '--'lG.L1l:.... LLC , hereinafter ferred to as Developer;
(( 1 ./ (),-"Vf.w.Jn;tJ Jfcc...~ L.:" , hereinafter referred to as Association, and the CITY
OF COEE, 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 property, the Developer has submitted to the
City of Ocoee a subdivision plan and specifications for a subdivision to be known as
.he "'-S''J1.v^- YlO-i.Ao( ; and
WHEREAS, the Developer intends to develop the subject property in accordance with the approved
subdivision plans and specifications, including certain specialized street lighting; and
r ,,' WHEREAS, in order to install said street lighting it will be necessary to install
L..A-- 0 ~ type street lights for every (,LQ ll:::; conventional fixtures to obtain the same
illumination; and
WHEREAS, the cost and maintenance ofthe GL - () lot f10J ~l'b type street lights is in
excess of the amount paid by the City for street lighting pursuant to the City's agreement with Florida Power
Corporation; and
WHEREAS, the City is in agreement to allow this type of street lighting by the Developer for use in
v--S "II\. t 1M f subdivision provided that the additional cost thereof
is paid for y the Developer and/or the Association; and
WHEREAS, the Developer and Association are in agreement to pay the additional costs thereof.
NOW THEREFORE, the parties agree as follows:
1. The Developer hereby agrees that the Declaration of Covenants Conditions and Restrictions for
l4-ls 1."'- Ilvl r shall specifically provide that the Association shall be
responsibl for the additional cost of street lighting that is over and above that paid for by the City and shall
reimburse the City of Ocoee said additional cost plus an administrative charge equal to ten (10) percent of
the additional costs and that said Association shall have the power and authority to assess each lot owner
within said subdivision, which said assessment shall be a lien upon each lot and shall be subject to
foreclosure by the Association in the event of non-payment.
2. That the Association for itself, "ts successors a assign~ agrees that the Declaration of
Covenants Conditions and Restrictions for '!. 1.-" - t t" ~ f shall not be amended as it
relates to the duty to pay the additional cost of street lighting and the lien and enforcement provisions
thereof, without consent of the City, and further agrees to be responsible for the additional costs of street
lighting over and above that paid for by the City that results from the use of the desired street lighting, plus
the administrative costs set forth above.
3. The Developer upon the execution of this Agreement, shall pay to the City the cost of recording
this Agreement in the Public Records of Orange County, Florida.
FORM-12
Developers and Homeowners Association
Agreement for Upgraded Street Lights
4. This 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 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
MAYOR
Witness
ATTEST:
City Clerk
Witness
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
ON . 20 _, UNDER
AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY THE CITY
OF OCOEE, APPROVED AS TO FORM AND
LEGALITY, THIS _ DAY OF
20_.
FOLEY & LARDNER
BY:
CITY ATTORNEY
~~
Witness
DEVELOPER: D
_~<-r;'.f7;>f do-ce LLc
By: ft2IAA~..,Q~ PJ.--S
Asits:kL {PrpMd.'(NLti~'J
}le ~_.I
(SEAL)
FORM-12
2
Developers and Homeowners Association
Agreement for Upgraded Street Ughts
ASSOCIATION:
I
Jt~
i/JiJ. ~
Witness
, ,
By:
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/?-<'S(~
As its:
(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 Clark,
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
,20__
day of
Notary Public
My Commission Expires:
FORM-12
3
Developers and Homeowners Association
Agreement for Upgraded Street Lights
STATE OF ~1O(0 OA-
COUNTY OF ~Q1\~E...
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County
aforesaid ~ lake acknowledgments, personally appeared
'EDmutJO 2r.bJ ,~rsonally known to me'nr who provmd as
identification, as the. 5"-,.. of -rf\'\.J...mAtJ 'cJ('l.p, a ~1or lYf~d that he
acknowledged executing the same freely and voluntarily under authority duly vested in him by said
and that the seal affixed thereto is the true corporate seal of such corporation, and who did
not take an oath.
d I\lD day of
Notary Public
(.). KATIE F, THOMPSON
. P\My Comm &p. 10115/05
'.' No, 00 044023
P~~'I~IO
My Commission Expires:
(~
STATEOF_~_
COUNTY OF OO~E-
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County
af~sajd,-.. _ v G::2~c;. , take acknowledgments, personally appeared
ill~~ ~Cl~personallv known to me, or who produced as
identification, as the \J p of A^ ~Lf , a ,and that he
acknowledged executing the same freely and voluntarily under authority duly vested in him by said
and that the seal affixed thereto is the true corporate seal of such corporation.
')fJO
~ WITNESS my hand and official seal in the County and State last aforesaid this ""-J' day of
Jt}~ ,20~.
My Commission Expires:
/ OJ {S:(Or-
FORM-12
4