V (F) Approval and Authorization for Mayor and City Clerk to Execute Agrement for Wellington Place Developers and Homeowners Association for Upgraded Street Lights wellington_streetlights Page I of 1
Agenda 8-05-2003
Item V F
MEMORANDUM
DATE: July 28, 2003
TO: The Honorable Mayor and Board of City Commissioners
FROM: Rosanne M. Gavrilovic
Engineer 1
THROUGH: David Wheeler, P.E.
Director of Public Works
SUBJECT: Agreement for Upgraded Street Lights for Wellington Place Subdivision
The following is the Developers and Homeowners Association Agreement for Upgraded Street
Lights,which Wellington Ocoee, Inc. is requesting the City Commission execute for Wellington
Place Subdivision. They had originally requested the standard street lights from Progress Energy,
however,the upgraded lights were installed by mistake. The Developer is currently being billed for
the lights and will pay for the entire first year in accordance with the City's Street Lighting
Ordinance. At that point the Homeowners Association will take over the payments for the upgraded
lights,with the City paying for the standard lights.
I recommend the City Commission approve and execute the Developers and Homeowners
Association Agreement for Upgraded Street Lights for Wellington Place.
file://Y:APublicWorks\wellington_streetlights\wellington_streetlights.htm 7/30/2003
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DEVELOPERS ANDJiOMEOWNERS ASSOCIATION AGREEMENT
FOR UPGRADED STREET LIGHTS
This Agreement, entered Into this day of 1R- , by and between
IUJEL1—In1GTO.0 OCOEE lnlC hereinafter referred to as
Developer; LJE tet_ OCD Et- HQA, StiC
hereinafter referred to as Association, and the CITY 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, mare 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
WELLI ti3 G ro.o PLA CC :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
WHEREAS, in order to install said street lighting It 71 be necessary to Install 13
type street lights for every I conventional fixtures to obtain
the same illumination;and
WHEREAS,the cost and maintenance of the type street
lights is in excess of the amount paid by the City for street lighting pursuant to the City's agreement wilh
Florida Power Corporation;and
WHEREAS,the City Is In agreement to allow this type of street lighting by the Developer for use In
wet-LIIJ GTO,J PLACE subdivision provided that the
additional cost thereof is paid for by the Developer and/or the Association; and
WHEREAS,the Developer and Association are In agreement to pay the additional costs thereon.
NOW THEREFORE,the parties agree as follows:
1. The Developer hereby agrees that the Declaration of Covenants Condtlons and Restrictions for
PLAC t- shall speclecalty provide that the
Association shall be responsible 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 (1D)percent d the additional costs and that said Association shall have the power and authority to
assess each lot weer within said subdivision,which said assessment shall be a Iles upon each lot and shah be subject to foreclosure by the Association in the event of non-payment.
2. That the Association for Itself, Its successors and assigns agrees that the Declaration of
Covenants Conditions and Restrictions tor La YLACC shall no be amended
as it relates to the duty to pay the additional cost of sheet lighting and the Ilen and enforcement provisions
thereof,without consent of the City,and further agrees to be responsible for the additional costs of steel
Nghdng over end above that paid for by the Chy 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.
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Developers and Homeowners Association
Agreement for Upgraded Street Lights
4. This Agreement stall be binding and inure to the benefit of the subject properly and be binding
upon the Association and any persons,firm or corporation that may become its successor In interest directly
or Indbeclly to the subject property.
IN WITNESS WHEREOF,the parties hereto have caused these presents to be signed as or the date
and year first above written.
SIGNED. SEALED, AND DELIVERED CIT'OFOCOEE FLORIDA
IN THE PRESENCE OF:
Witness MAYOR
ATTEST.
Witness
City Clerk
APPROVED BY THE OCOEE CITY
COMMISSION ATA MEETING HELD 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 •
t9
FOLEY&LARONER
BY:
CITY ATTORNEY
DEVELOPER:
bi3E C.L.. J
Weiss By'
e r<y e
As its: /LC%
CL- 5 K004, k.
(SEAL)
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PAGE OG
DevoloperS and Homeowners Association
Agreement for Upgraded Street Lights
ASSOCIATION:
1t•
-) AT OcD ROA S,�G
By:
Witness a 5 Io
As its: �/Ll= y
wrt L am:s eke
(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 M 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
My Commission Expires:
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PAGE 05
Developers and Homeowners Association
Agreement for Upgraded Street Lights
STATE OF FLA
COUNTY OF 02_prN Ca
I HEREBY CERTIFY that on this clay,before me, an Mc duly authorized in the State end County
aforesaid to take acknowledgrmenterVe peered FiAp12_� S G q"-
.z.)tL'h1OS�I
�1� �, sonaliy known to or who provided as Identification, as
the f L t 0 el°— /-t—Oo r7 nMa J LA Cog-p
and
that he executing the same freely and voluntarily under authority duly vested In him by said(1n20o4-rate o,-) and that the seal affixed thereto Is the true corporate seal d such corporation,
and who did not take an Oath.
oWRNESS my hand and official seal In the County and Slate last aforesaid this za rti day of
II Jeffrey A. Sedloff
bile S+''�.c %Commission#DD228303
; 'V Expires:Jul 01,2007
o";�wnn`:•'` Bonds Thru
My Commission Expires: Atlantic Rolling Co.,Inc.
STATE OF �L R
COUNTY OF ( .a -)GE
I HEREBY CERTIFY that on this day,before me, an officer duly authorized In the State and County
doreaaid to take aoknowied m en;pr1971 „6aced HAA_f -r S K(yJ(%
, oral known to e o,who produced `1CO�S�t
Identification,as the I r of OCI.U.Ata7wAy-QccE5ylP'4 bate- ' ,€ as
and that he acknowledged executing the same freely and voluntarily under author' oy ilt b by v,
said ASSr c1 Art o, ) and that the seal affixed thereto Is the true corporate seals such
corporation.
YATNESS my hand and official seal in the County and State last aforesaid this [Ad
1 ,�g20o3 day of
�� JeffreyA. Sedloff
Notary .
=F :Commission ODD228303
My Commission Expires: [� ' Expires:Jul 01,2007
a.ge.. Bonded Thtu
Atlantic Bonding Co.Inc.
FORM-12 4