Item #20 Ashton Park Ocoee of Ocoee Assumption of Maintenance and Deed ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: October 6, 2015
Item # c2(�
Reviewed By:
Contact Name: Scott A. Cookson, Department Director:
City Attorney
Contact Number: 407-581-9715 City Manager: Rob Fri/
Subject: Ashton Park Ocoee of Ocoee Assumption of Maintenance and •eed
Background Summary:
The Ocoee Commons PUD, including Ashton Park, was platted in 2005. At the time of platting,
several tracts, specifically L4, L5, H2, and J ("Property"), were dedicated to the City of Ocoee or
conveyed to the City along the Montgomery Avenue right-of-way.
To date, the Ashton Park of Ocoee Homeowner's Association ("HOA") has maintained the Property
for the benefit of the residents; however, because it abuts the public right-of-way, the City desires to
assume the obligations and responsibilities of the HOA as to the maintenance of the Property.
Additionally, in researching this issue, the City and HOA discovered that two tracts along the right-
of-way (Tracks H2 and J) were never deeded to the City.
The HOA has provided to the City an executed Assumption of Maintenance Agreement for the
Property and executed a deed to the two tracts (H2 and J) that were never deeded to the City.
Issue:
Should the City Commission accept the Warranty Deed for Tracts H2 and J from the Ashton Park of
Ocoee Homeowner's Association and approve execution of the Assumption of Maintenance
Agreement for Tracts L4, L5, H2, and J?
Recommendations
City Staff recommends that the City Commission accept the Warranty Deed for Tracts H2 and J
from the Ashton Park of Ocoee Homeowner's Association and approve execution of the
Assumption of Maintenance Agreement for Tracts L4, L5, H2, and J.
Attachments:
1. Warranty Deed for Tracts H2 and J
2. Assumption of Maintenance Agreement for Tracts L4, L5, H2, and J
Financial Impact:
The City will assume maintenance of these areas along the Montgomery Avenue right-of-way at
minimal cost to the City.
Type of Item:
[ ] Public Hearing For Clerk's Dept Use:
❑ Ordinance First Reading ❑ Consent Agenda
❑ Ordinance First Reading [ ] Public Hearing
❑ Resolution Regular Agenda
[x] Commission Approval
❑ Discussion&Direction
[x] Original Document/Contract Attached for Execution by City Clerk
❑ Original Document/Contract Held by Department for Execution
Reviewed by City Attorney Scott A. Cookson, Esq. ❑ N/A
Reviewed by Finance Dept. ❑ N/A
Reviewed by ( ) ❑ N/A
•
2572 West S.R.426
Suite 2032
Oviedo,Florida 32785
Phone:(407)956-1080
P •LAW FIRM Fax:(407)956.1081
www.SaydahLawFirm.com
Attorneys at Law
September 2, 2015
Via Certified Mail to:
Certified Mail No.: 7014 1200 0000 6319 9670
Dana Crosby-Collier
Shuffield Lowman
Gateway Center
1000 Legion Place
Suite 1700
Orlando,FL 32801
Re: Ashton Park of Ocoee Homeowners' Association,Inc.
Ms. Crosby-Collier:
Enclosed please find the Assumption of Maintenance Agreement related to Tracts L4, L5,
H2, and J, as well as, the Warranty Deed for Tracts H2 and J. Both have been executed by the
Association. Please have the City execute and record the Deed and Agreement.
If you have any questions,please contact me.
Since y,
Neil A. Saydah
Enclosures
cc: Courtney Fasthoff,CAM(Via Electronic Mail)
ASSUMPTION OF MAINTENANCE AGREEMENT
THIS ASSUMPTION OF MAINTENANCE AGREEMENT, hereinafter
called "AGREEMENT", is made this a day of taumu n\- , 2015, by and between
ASHTON PARK OF OCOEE HOMEOWNERS'-ASSOCIATION, INC., a Florida
not for profit corporation, whose address is 13350 W. Colonial Dr., Suite 330, Winter
Garden, Florida 34778, hereinafter called "HOA", and the CITY OF OCOEE,
FLORIDA, a municipal corporation duly created and existing under and by virtue of the
laws of the State of Florida, whose address is 150 North Lakeshore Drive, Ocoee, Florida
34761, hereinafter called "CITY".
WITNESSETH:
WHEREAS, CITY is the owner of certain Property, which is more particularly
described in Exhibit "A", attached hereto; and
WHEREAS, to date, the HOA has maintained the Property for the benefit of its
residents pursuant to the Declaration of Covenants, Conditions, and Restrictions for
Ashton Park, dated March 9, 2005, and recorded in Official Records Book 7896, Page
0673, Public Records of Orange County, Florida, as subsequently amended by the
Amended Declaration of Covenants, Conditions, and Restrictions for Ashton Park, dated
August 25, 2005, and recorded in Official Records Book 8198, Page 1040, Public
Records of Orange County, Florida("Declaration"); and
WHEREAS, the parties desire for the CITY to assume the obligations and
responsibilities of the HOA as to the maintenance of the Property as of the effective date
of this Agreement.
NOW, THEREFORE, for and in consideration of the sum of Ten Dollars
($10.00) and other valuable considerations in hand paid to the HOA by the City, the
receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as
follow:
Section 1. The above recitals are true and correct, form a material part of this
Agreement, and are incorporated herein by reference.
Section 2. CITY hereby assumes all obligations and responsibilities for
maintenance of the Property, in accordance with this Agreement and the Declaration.
Section 3. Indemnification. HOA shall hold harmless from, and hereby
indemnifies CITY against any and all claims, costs, penalties, damages, losses, liabilities,
and expenses (including reasonable attorneys' fees) that may at any time be incurred by
CITY as a result of acts, omissions or occurrences relating to the maintenance described
under this Agreement which occur, accrue, or arise prior to the Assignment Date.
To the extent not prohibited under the law, CITY shall be responsible for, and
hereby indemnifies and holds HOA harmless from and against, any and all claims, costs,
penalties, damages, losses, liabilities, and expenses (including reasonable attorneys' fees)
that may at any time be incurred by HOA as a result of acts, omissions or occurrences
relating to the maintenance described under this Agreement which occur, accrue or arise
after the Assignment Date. The CITY does not waive its right to sovereign immunity
under law.
Section 4. Amendment and Modification. No amendment, modification,
supplement, termination, consent, or waiver of any provision of this Agreement, nor
consent to any departure herefrom, will in any event be effective unless the same is in
writing and is signed by both parties hereto.
Section 5. Governing Law. This Agreement and the rights and obligations of the
parties hereunder shall be governed by, and interpreted, construed and enforced in
accordance with, the laws of the State of Florida, venue in Orange County, Florida.
Section 6. Headings. The headings contained in this Agreement are for the
purposes of reference only and shall not limit, define, extend or otherwise affect the
meaning or scope of this Agreement or any provision hereof.
Section 7. Execution of Counterparts. This Agreement may be executed in any
number of counterparts, each of which shall constitute an original and all of which, taken
together, shall constitute one and the same instrument.
Section 8. Binding Effect. All provisions, covenants and agreements herein shall
be binding upon and inure to the benefit of, and be enforceable by or against, the parties
hereto and their respective successors and assigns.
Section 9. Third-Party Beneficiary. This Agreement is solely for the benefit of the
parties hereto and their respective successors and assigns, and no other person has any
right, benefit, priority or interest under or because of the existence of this Agreement.
IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement on the respective dates under each signature.
ASHTON PARK OF OCOEE
HOMEOWNERS' ASSOCIATION,
INC., a Florida not for profit corporation
Signed, Sealed and Delivered
in our Presence:
.�. By: •i:.�.!.0
Witness's Signature Print Name:l Jc.rcum (..(d t
Title: 1S l ctQv '
/ Date: 03/17/
iwt\ Vii- 004 -
Printed Name of Witness
ness-s Signature
J(L on tat-
Printed Name of Witness
STATE OF FLORIDA
COUNTY OF DRfN(s(;
The foregoing instrument was acknowledged before me this 1 7- day of
191„,r , 2015, by dolro Udr#'
oiv„,
`'"Y�`°'" TUSHAAR DESAI Signature:° (1j,�` Signature of Notary Public
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Type, Print or Stamp Name of
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Personally Known x OR Produced Identification
Type of Identification produced:
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CITY OF OCOEE,
a Florida municipal corporation
By:
S. Scott Vandergrift, Mayor
Attest:
Beth Eikenberry, City Clerk
FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY
THE CITY OF OCOEE, FLORIDA; COMMISSION AT A MEETING
APPROVED AS TO FORM AND HELD ON , 20
LEGALITY this day of UNDER AGENDA ITEM NO.
, 20 .
SHUFFIELD LOWMAN & WILSON, P.A.
By:
City Attorney
EXHIBIT A
Property
Tracts L4, L5, 132, and J, OCOEE COMMONS PUD, according to the plat
thereof as recorded in Plat Book 60, Page 92, Public Records of Orange
County, Florida.
THIS INSTRUMENT PREPARED BY AND AFTER
RECORDING SHOULD BE RETURNED TO:
DANA CROSBY-COLLIER, ESQ.
Sin.JI 1 11?I,l), LOWVMAN&WILtit)N,P.A.
1000 LEGION PLACE, SUITE 1700
ORLANDO,FL 32801
407-581-9800
WARRANTY DEED
THIS WARRANTY DEED made this a. day of u , 2015, by and
between ASHTON PARK OF OCOEE HOMEOWNERS' SOCIATION, INC., a
Florida not for profit corporation, whose address is 13350 W. Colonial Dr., Suite 330,
Winter Garden, Florida 34778, hereinafter called "Grantor", and the CITY OF
OCOEE, FLORIDA, a municipal corporation duly created and existing under and by
virtue of the laws of the State of Florida, whose address is 150 North Lakeshore Drive,
Ocoee, Florida 34761, hereinafter called "Grantee".
(Wherever used herein,the terms-Grantor-and"Granted'include all parties to this instrument and
the heirs, legal representatives and assigns of individuals, and the successors and assigns of
corporations.)
•
WITNESSETH:
That the Grantor, for and in consideration of the sum of Ten and No/100 Dollars
($10.00) and other valuable considerations, receipt whereof is hereby acknowledged,
hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the
Grantee, all that certain land situate in Orange County, Florida, more fully described as
follows:
Tracts H2 and J, OCOEE COMMONS PUD, according to the plat thereof as
recorded in Plat Book 60, Page 92, Public Records of Orange County,
Florida.
TOGETHER with all the tenements, hereditaments and appurtenances thereto
belonging or in anywise appertaining.
TO HAVE AND TO HOLD the same in fee simple forever.
AND the Grantor hereby covenants with the Grantee that the Grantor is lawfully
seized of said land in fee simple; that the Grantor has good right and lawful authority to
sell and convey said land; and hereby warrants the title to said land and will defend the
same against the lawful claims of all persons or entities whomsoever.
IN WITNESS WHEREOF, the Grantor has hereunto set its/his/her/their hand
the day and year first above written.
Signed, Sealed and Delivered GRANTOR:
in our Presence:
?cto,-;c1A-vt-
Witness-s Signature , -
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Printed Name of Witness Print Name: JQ i travrt LAC((
Title: Tres i c evtt
Hess's Signature
Josoi, LAO'
Printed Name of Witness
STATE OF FLORIDA
COUNTY OF oNING6
The foregoing instrument was acknowledged before me this 17 day of
Auyu hl , 2015, by dAitu� U� r
(Seal) a'""' TUSHAAR DESAI Signature of Notary Public
MY COMMISSION#FF161644
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(407)338.0153 FloridallotaryService.com Type, Print or Stamp Name of
Notary Public
Personally Known OR Produced Identification
Type of Identification Produced: