Item #09 Approval of McCormick Reserve Phase 1 Plat and Developers and Homeowners Association Agreement for Upgraded Street Lights Approval ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: December 1, 2015
Item #
Reviewed By: f
,
Contact Name: David A. Wheeler, P.E. Department Director: Ie■14 I `j
Contact Number: (407) 905-3100, ext. 1504 City Manager: JP,//
Subject: McCormick Reserve Phase 1 Plat and Developers and Homeowners Association
Agreement for Upgraded Street Lights Approval (District 4—Commissioner Joel Keller)
Background Summary:
This plat is for phase 1 of the McCormick Reserve subdivision. The McCormick Reserve subdivision is located
on the south side of McCormick Road and west of Clarke Road. The overall subdivision contains 134 single
family residential lots on approximately 45.09 acres of land. The phase 1 portion of the development comprises
66 of those lots on approximately 30.95 acres of land. The phase 1 area includes land being dedicated to the
City for the Clarke Road extension to the south and some land that is being dedicated to the City as wetlands
and flood plain.
T-3 Ocoee, LLC has chosen to install upgraded street lights in phase 1 of the development and has pre-paid
Duke Energy Florida, Inc. the capital installation cost. T-3 Ocoee, LLC has executed the City of Ocoee's
Developers and Homeowners Association Agreement for Upgraded Street Lights for the entire subdivision. The
subdivision is not planned to be gated, therefore the Traffic Enforcement Agreement was not necessary.
Issue:
Should the City approve the Phase 1 Plat for the McCormick Reserve Subdivision and the Developers and
Homeowners Association Agreement for Upgraded Street Lights?
Recommendations
The Planning and Engineering Departments recommend the approval of the plat for phase 1 of the McCormick
Reserve 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 Developers and
Homeowners Association Agreement for Upgraded Street Lights.
Attachments:
1) McCormick Reserve Phase 1 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 "x")
Public Hearing For Clerk's Dept Use:
Ordinance First Reading Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
X 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 N/A
Reviewed by Finance Dept. N/A
Reviewed by 0 N/A
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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:
For Recording Purposes Only
Beth Eikenberry,City Clerk
CITY OF OCOEE
150 N.Lakeshore Drive
Ocoee,FL 34761 •
(407)656-2322
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 T-3 OCOEE, LLC a Florida limited liability company,
(hereinafter referred to as the "Developer") whose address is 17635 Tobacco Road, Lutz, Florida
33558; MCCORMICK RESERVE HOMEOWNERS ASSOCIATION, INC., a Florida not for profit
corporation (hereinafter referred to as the "Association") whose address is 17635 Tobacco Road, Lutz,
Florida 33558, 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 MCCORMICK RESERVE
(the"Subdivision")approved by the Ocoee City Commission on ; 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
Developers and Homeowners Association
Agreement for Upgraded Streetlights
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 Mitchell Fixtures streetlights on Victorian 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 991458 (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.
6. 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.
7. 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.
2
Developers and Homeowners Association
Agreement for Upgraded Streetlights
8. 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.
9. The Developer shall pay to the City the cost of recording this Agreement in the Public Records of
Orange County,Florida.
10. 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.
11. 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
3
Developers and Homeowners Association
Agreement for Upgraded Streetlights
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 CITY OF OCOEE,FLORIDA
in the presence of:
MAYOR
Print Name:
ATTEST:
Print Name: CITY CLERK
APPROVED BY THE OCOEE CITY
FOR USE AND RELIANCE ONLY BY THE COMMISSION AT A MEETING HELD ON
CITY OF OCOEE,APPROVED AS TO FORM UNDER AGENDA ITEM NO.
AND LEGALITY,THIS DAY OF
SHUFFIELD,LOWMAN&WILSON,P.A.
BY:
CITY ATTORNEY
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
, 20 .
Notary Public
My Commission Expires:
4
Developers and Homeowners Association
Agreement for Upgraded Streetlights
DEVELOPER:
Signed, sealed and delivered in the presence of:
T-3 OCOEE,LLC a Florida limited liability
company
By: T-3 Development,Inc.
�4 !�/�, a Florida corporation,its Sole Manager
"itne Lisa Ambr e / ,
/' 4I
-El
Witness Terri M. Whelan By:: =.i
Print Name: Thom.s-1:-S . non,III
Title: President
(SEAL)
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and
County aforesaid to take acknowledgments, personally appeared Thomas J. Shannon, III, personally
known to me, as the President of T-3 Development, Inc., a Florida corporation, the sole manager of T-3
Ocoee,LLC,a Florida limited liability company, and that he 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 16 day of
November , 20 15 .
.A jai
Name: Terri M- Whelan
Title: Notary Public
[NOTARY SEAL OR STAMP] My Commission Expires: 07/30/2017
e64/4,_ Notary Public State of Florida
Terri M Whelan
My m
orn Expires Com 0 7ission 13 0/2 01FF 7 021917
5
Developers and Homeowners Association
Agreement for Upgraded Streetlights
ASSOCIATION:
Signed, sealed . a• delivered in the presence of: MCCORMICK RESERVEHOMEOWNERS
ASSOCIATION,INC.
a - , / - _
4111.!' - ' Lisa,Ambrose Signature:
Print Name: Thomas J. S . non, III
r Title: President
Witness Terri M. Whelan
(SEAL)
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and
County aforesaid to take acknowledgments, personally appeared Thomas J. Shannon, III, personally
known to me, as the President of McCormick Homeowners Association, Inc., a Florida not for profit
corporation, and that he 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 16 day of
November , 20 15 / iip
r
/ ' . , 0# i
Name: Terri M Whelan
Title: Notary Public
[NOTARY SEAL OR STAMP] My Commission Expires: 07/30/2017
,iV Notary Public State of Florida
�, Terri M Whelan
My Commission FF 021917
oc, Expires 07/30/2017
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Developers and Homeowners Association
Agreement for Upgraded Streetlights
Exhibit"A"
PARCEL ONE
BEGIN AT NORTHEAST CORNER OF SOUTHWEST 1/4 OF NORTHWEST 1/4, RUN SOUTH 420
FEET,WEST 210 FEET, NORTH 420 FEET, EAST 210 FEET, IN SECTION 33, TOWNSHIP 21 SOUTH,
RANGE 28 EAST, ORANGE COUNTY, FLORIDA, LESS THE NORTH 30 FEET FOR RIGHT-OF-WAY.
PARCEL TWO
SOUTHWEST 1/4 OF NORTHWEST 1/4, IN SECTION 33, TOWNSHIP 21 SOUTH, RANGE 28 EAST,
ORANGE COUNTY, FLORIDA, LESS THE NORTH 30 FEET FOR RIGHT-OF-WAY.
LESS BEGIN AT NORTHEAST CORNER OF SOUTHWEST 1/4 OF NORTHWEST 1/4, RUN SOUTH
420 FEET, WEST 210 FEET, NORTH 420 FEET, EAST 210 FEET, IN SECTION 33, TOWNSHIP 21
SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA.
PARCEL THREE
BEGINNING 494.34 FEET EAST OF SOUTHWEST CORNER OF SOUTHEAST 1/4 OF NORTHWEST
1/4, RUN WEST 494.34 FEET, NORTH 693 FEET, EAST 178.18 FEET;THENCE SOUTHEASTERLY
TO BEGINNING, LYING IN SECTION 33, TOWNSHIP 21 SOUTH, RANGE 28 EAST, ORANGE
COUNTY, FLORIDA.
ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A PORTION OF THE NORTHWEST 1/4, OF SECTION 33, TOWNSHIP 21 SOUTH, RANGE 28 EAST,
ORANGE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE WEST 1/4 CORNER OF SAID SECTION 33, SAID CORNER ALSO BEING THE
SOUTHEAST CORNER OF BRYNMAR PHASE 2, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 80,AT PAGES 5 AND 6, OF THE PUBLIC RECORDS OF ORANGE
COUNTY, FLORIDA, THE FOLLOWING COURSE BEING COINCIDENT WITH THE EASTERLY
BOUNDARY OF SAID BRYNMAR PHASE 2 AND THE EASTERLY BOUNDARY OF BRYNMAR PHASE
1,ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 78,AT PAGES 38
THROUGH 41, INCLUSIVE, OF SAID PUBLIC RECORDS; THENCE NORTH 00°12'49" EAST ALONG
THE WEST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 33, A DISTANCE OF 1,292.20 FEET
TO A POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT OF WAY LINE OF McCORMICK
ROAD PER DEED AS RECORDED IN DEED BOOK 347, PAGE 573, OF SAID PUBLIC RECORDS;
THENCE SOUTH 89°47'23" EAST ALONG SAID SOUTHERLY RIGHT OF WAY LINE AND ALSO
ALONG THE SOUTHERLY RIGHT OF WAY LINE OF McCORMICK ROAD PER DEED AS RECORDED
IN DEED BOOK 389, PAGE 285 OF SAID PUBLIC RECORDS,A DISTANCE OF 1,332.55 FEET, THE
FOLLOWING THREE(3)COURSES BEING COINCIDENT WITH THE WESTERLY BOUNDARY OF
KENSINGTON MANOR, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 56,
AT PAGES 92 THROUGH 95, INCLUSIVE, OF SAID PUBLIC RECORDS;THENCE SOUTH 00°08'48"
WEST,A DISTANCE OF 610.78 FEET;THENCE SOUTH 89°51'12" EAST,A DISTANCE OF 178.18
FEET;THENCE SOUTH 24°13'33" EAST, A DISTANCE OF 766.13 FEET TO THE SOUTHWEST
CORNER OF SAID PLAT OF KENSINGTON MANOR;THENCE NORTH 89°17'31"WEST ALONG THE
SOUTH LINE OF THE NORTHWEST 1/4, OF SAID SECTION 33, A DISTANCE OF 1,828.48 FEET TO
THE POINT OF BEGINNING.
(The"Property")
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