HomeMy WebLinkAbout2007 01 08 Consent 405 Contract with Winding Hollow Home Owner's Association
COMMISSION AGENDA
ITEM 405
CONSENT
January 8, 2007
Meeting
MGR
DEPT
Authorization
REQUEST: The Community Development Department is requesting authorization to enter
into a contract agreement with Winding Hollow Home Owner's Association
(HOA) for the installation of (5) five decorative street lights along Winding
Hollow Blvd. and (1) one new decorative street light along the roadway adjacent
to 737 Timberwilde Ave.
PURPOSE: This agenda item is needed for the City Commission to approve the installation of (6)
six decorative street lights and the execution of a Neighborhood Street Lighting
Improvement Agreement for the same with Winding Hollow HOA.
CONSIDERATIONS:
On January 11, 2006 (Item 508 - November 28, 2005), the City entered into a
Neighborhood Street Sign and Light Improvement Agreement (NSSLIA) with Winding
Hollow HOA for installation of (134) decorative street lights throughout the Winding Hollow
Subdivision. Pursuant to the NSSLIA, Winding Hollow HOA is responsible to make payment
for each upgraded decorative street light throughout their subdivision directly to Progress
Energy on a monthly basis. The City is required to annually reimburse Winding Hollow HOA
the standard base rate for each upgraded street light.
Winding Hollow HOA is currently requesting that (5) five additional street lights be
upgraded at the entranceway to Winding Hollow along Winding Hollow Blvd. and (1) one
street light be added adjacent to 737 Timberwilde Ave; with construction costs being $182.65
010807_ COMM_ CONSENT_ 405_ Winding_ Hol/ow _ Streetlighting_ Agreement _ 2
and $169.18, respectively. Winding Hollow HOA will make payment directly to Progress
Energy for construction costs. Approval of this item will result in a total of (6) six existing
street lights being removed and (6) six decorative street lights being installed; at no additional
monthly cost to the City.
FUNDING:
Funding for this project will be provided by the Winding Hollow Home Owner's
Association.
RECOMMENDATION:
Staff recommends the City Commission approve the Neighborhood Street Sign and
Light Improvement Agreement for Winding Hol/ow Home Owner IS Association to install
(5) five decorative street lights along Winding Hollow Blvd. and (1) one decorative street light
along the roadway adjacent to 737 Timberwilde Avenue.
IMPLEMENTATION SCHEDULE:
The project will be authorized immediately upon Commission approval with
construction to begin as scheduled by Progress Energy.
ATTACHMENTS:
1. Neighborhood Street Sign And Light Improvement Agreement (7 pages)
2. Progress Energy Lighting Solutions Proposals - WR# (A) 1611830, (B) 1635642
3. Street Lighting Layout For Winding Hollow Boulevard And Timberwilde (2 pages)
4. Winding Hollow H.O.A. Lighting Approval Letter From Vista CA.M. (3 pages)
COMMISSION ACTION:
2
Attachment #1
(Form 12/2005)
NEIGHBORHOOD STREET SIGN AND LIGHT
IMPROVEMENT AGREEMENT
This Neighborhood Street Sign and Light Improvement Agreement ("Agreement") is
made and entered into this _ day of , 20_, by and between the City
of Winter Springs, Florida, a Florida municipal .corporation ("City") and
Winding Hollow HOA , a Florida corporation ("Association").
WITNESSETH:
WHEREAS, the Association is a homeowner's association located within the City of Winter
Springs, Florida; and
WHEREAS, the City currently provides the Association and its members with standard
street signs and lights located on City streets that traverse through the real property which constitutes
the Association; and
WHEREAS, the Association has requested and the City desires to provide enhanced
decorative street signs and lights at the Association' s expens~ under the terms and conditions herein;
and
WHEREAS, the parties acknowledge that this agreement will improve the aesthetic
appearance of the City's streets primarily for benefit and enjoyment of the Association and its
members and incidentally to the rest of the citizens of Winter Springs.
NOW THEREFORE, in consideration ofthe mutual promises set forth hereunder, and other
good and valuable consideration, which the parties acknowledge has been exchanged, the parties
agree as follows:
Section 1. Recitals. The foregoing recitals are true and correct and are hereby
incorporated herein as a material part of this Agreement.
Section 2. Definitions. The following words and phrases used herein shall have the
following meaning unless the context clearly indicates otherwise:
2.1 "Progress Energy" shall mean Progress Energy and any successor and assign to the
City's electric franchise.
2.2 "Sign Plate" shall mean the metal face plate of the street sign on which street
Neighborhood Street Sign and Light Improvement Agreement
City of Winter Springs
Page 1 of 7
(Form 12/2005)
names and other traffic symbols and/or language is written such as "stop" and speed limits.
2.3 "Street Light Base Rate" shall mean the actual cost charged by Progress Energy to .
install, maintain, and operate a standard concrete pole and cobra fixture. Said costs include electric,
equipment rental, maintenance, gross receipts tax and other associated charges imposed by Progress
Energy in accordance with law. At the effective date of this Agreement, the Street Light Base Rate
is equal to $ . The parties acknowledge that said base rate is subject to
periodic adjustments by Progress Energy and the City of Winter Springs.
Section 3. Scope of Project. The City and the Association agree that this Agreement
may cover both decorative street signs and decorative street lights depending on what is specifically
set forth in Exhibit "I." The City and Association agree that the Association desires to purchase,
install, maintain and operate the decorative street signs and street lights depicted and itemized in
Exhibit "1." which is attached hereto and incorporated herein by this reference (the "Project"). The
parties acknowledge that if decorative street signs are installed, they must comply with the standards
of the Florida Department of Transportation and City of Winter Springs and if decorative street lights
are installed, they must be provided by Progress Energy.
Section 4.
obligations:
Association's Obligations. The Association agrees to perform the following
4.1 Decorative Street Signs. To the extent that decorative street signs are part of this
Agreement as provided on Exhibit "1. II the Association agrees to fully cooperate with the City to
purchase, install, and maintain the decorative street signs required by the Project as follows:
(A) The Association shall agree to pay the City's actual out-of-pocket cost of purchasing
and installing the decorative street signs required to complete the Project, excluding the actual cost
of the sign plates which will be the City's responsibility.
(B) Prior to the City purchasing the decorative street sign component of the Project, the
Association agrees to pay the City a deposit in the amount of N J Pr
($ ) which represents at least fifty percent (50%) ofthe estimated cost of the street sign
component of the Project, excluding the estimated cost of the sign plates.
(C) Within seven (7) days ofthe City awarding the contract for the street sign component
of the Project ("Street Sign Contract") and prior to contract execution with the contractor, the
Association shall pay the City the amount that is due under the Street Sign Contract, less the deposit
and excluding the cost of the sign plates. The City reserves the right to terminate the Street Sign
Contract should the Association fail to make said payment.
Neighborhood Street Sign and Light Improvement Agreement
City of Winter Springs
Page 2 of 7
(Form 12/2005)
(D) In the event any of the decorative street signs must be replaced or repaired due to
damage, deterioration, or age, the Association agrees to pay the City the cost ofthe repairs or the cost
of-purchasing and installing the replacement decorative street signs. The Association's payment
shall be made within thirty (30) days of receipt of written notice from the City and prior to the
replacement. Notwithstanding, the City will be responsible for the repair or replacement of any
damaged, deteriorated, or aged street sign plate. All other components ofthe street sign including,
but not limited to, the foundation, framing, and pole will be the responsibility ofthe Association.
(E) During the term of this Agreement, the Association agrees to maintain with the City a
sign repair escrow account ("Sign Escrow Account"). At all times, the Association agrees to
maintain a balance equal to twenty-five percent (25%) of the Street Sign Contract. The City
reserves the right to periodically adjust the required escrow balance to account for inflation. In the
event the balance goes below the required escrow balance, the City shall notify the Association in
writing that the Sign Escrow Account must be replenished to satisfy the balance requirements ofthis
Agreement. Upon receipt of said notice, the Association shall have thirty (30) days in which to
replenish said account. The City shall have the right to use the money in the Sign Escrow Account
to repair or replace any street sign required by this Agreement or to purchase and install any
additional decorative street signs that the City determines are needed for traffic safety purposes
within the Association property. In the event that a street sign must be replaced, repaired, or added
and the Association has failed to maintain an adequate balance in the Sign Escrow Account, the City
shall have the unconditional right to make said repairs, replacement, or addition using a standard
non-decorative street sign and recover the actual cost thereof from the Association.
4.2 Decorative Street Lights. To the extent that decorative street lights are part of this
Agreement as provided on Exhibit "1. II the Association agrees to fully cooperate with the City to
acquire, install, maintain, and operate the decorative street lights required by the Project as follows:
(A) The Association shall take over from the City the full responsibility of maintaining the
Progress Energy invoice for all of the street lights covered by the Project, including having the
account placed in the name of the Association and making prompt and timely payments on said
account.
(B) The Association shall be responsible for promptly reporting all broken or damaged street
lights directly to Progress Energy. The City reserves the right to do the same in the event that the
Association fails in said reporting responsibilities.
Section 5. City's Oblieations. Subject to the Association's compliance with its payment
responsibilities set forth under this Agreement, the City agrees to perform the following obligations:
Neighborhood Street Sign and Light Improvement Agreement
City of Winter Springs
Page 3 of 7
(Form 12/2005)
5.1 The City agrees to pay the cost of purchasing the Sign Plates required to complete
the Project.
5.2 The City will purchase the decorative street signs required by the Project and under
the Street Sign Contract in accordance with the City's purchasing policies and procedures.
5.3 The City will assist the Association in coordinating with Progress Energy to acquire
and install the decorative street lights. Upon installation, the City agrees to reimburse the
Association for the acquisition, installation, maintenance, and operation ofthe decorative street lights
in an amount equal and strictly limited to the Street Li ht Base Rate. The City shall make the
reimbursement on a monthly/quarterly/bi-annuall annual basis CIRCLE ONE and INITIAL
). However, with respect to any increase in the num er of street lights above the number
that were actually installed for the Association at the effective date ofthis Agreement, the City shall
not be responsible for the Street Light Base Rate for the additional street lights unless the City
agrees, in its discretion, that the additionallight(s) were required to bring the Association's street
light plan into conformance with Progress Energy's standard photometric requirements.
Section 6. Title to Street Si~ns and Li~hts. The right, title and interest of the
decorative street signs shall be vested in the City. The right, title and interest ofthe decorative street
lights shall be vested in Progress Energy. The Association shall have no property interest in the
decorative street signs and street lights.
Section 7. Applicable Law: Venue. This Agreement shall be governed by and
construed in accordance with the laws of the State of Florida and the Winter Springs Code. The
parties agree that venue shall be exclusively within Seminole County, Florida, for all state disputes
or actions which arise out of or are based upon this Agreement, and in Orlando, Florida, for all such
federal disputes or actions.
Section 8. Amendments. This Agreement shall not be modified or amended except by
written agreement executed by all parties hereto and approved by the City Commission or City
Manager of the City of Winter Springs.
Section 9. Entire A2reement: Headin~s. This Agreement contains the entire agreement
between the parties as to the subject matter hereof. The Agreement may only bind the City if
executed by the City Manager or Mayor of Winter Springs. Paragraph headings are for convenience
of the parties only and are not to be construed as part of this Agreement. All references to whole
paragraph numbers (e.g. 2) shall include all subparagraphs thereunder (e.g., 2.1).
Section 10. Severability. If any provision ofthis Agreement shall be held to be invalid
or unenforceable to any extent by a court of competent jurisdiction, the City shall have the
unconditional right to either terminate this Agreement, modify this Agreement with the Association's
Neighborhood Street Sign and Light Improvement Agreement
City of Winter Springs
Page 4 of 7
(Form 12/2005)
consent, or remain in the Agreement as modified by the court.
Section 11. Sovereien Immunity. Nothing contained in this Agreement shall be
construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida
Statues, or any other limitation on the City's potential liability under state or federal law.
Section 12. Notice. All notices and correspondence in connection with this Agreement
must be in writing. Notice and correspondence shall be sent by first class mail or hand delivered at
the addresses set forth below or at such other addresses as the parties hereto shall designate to each
other in writing.
(a) If to the City::
Mr. Ronald W. McLemore, City Manager
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708-2799
407-327-5366 (Phone)
407-327-4753 (Fax)
b) If to Association:
Winding Hollow HOA
P O Box 162147
Altamonte Springs, FL 32716
407-682-3443 (phone)
407-682-0181 (Fax)
Section 13. Waiver Any forbearance by the City in exercising any right or remedy under
this Agreement shall not constitute a waiver of or preclude the exercise of any right or remedy.
Section 14. City's Right to Seek Equitable Relief and Special Assessment. The
Association agrees, acknowledges and recognizes that any breach of this Agreement by the
Association may result in irreparable harm to the City. The Association agrees that in addition to
and not in lieu of all legal and equitable remedies available to City by reason of such breach, City
shall be entitled to equitable relief(including, without limitation, specific performance and injunctive
relief) to enjoin the occurrence and condition of the breach. Further, in the event the Association
fails to make any payments that are required herein, the Association acknowledges and agrees that
the decorative street signs and street lights provide a special benefit to the Association and its
Neighborhood Street Sign and Light Improvement Agreement
City of Winter Springs
Page 5 of 7
(Fonn 12/2005)
members and that said special benefit is shared proportionately by all the members of the
Association. In the event that the City determines that the Association has not made the payments
required by this Agreement, the City reserves the unconditional right to assess the Association and
its members for the Association's costs for the decorative street signs and street lights. In the event
the City is required to initiate an assessment, the Association agrees to fully support the assessment
and the Association shall not contest, challenge or intervene in the assessment process. Further, in
the event that the Association defaults on any street light account with Progress Energy which is
covered by this Agreement, the City shall also, at its sole discretion, have the right to transfer said
accounts into the City's name and thereby assume all the rights afforded an account holder.
Section 15. Attorneys Fees. The prevailing party in any litigation arising under this
Agreement shall be entitled to recover its reasonable attorneys' and paralegal fees and costs, whether
incurred at trial or appeal.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
written above.
WITNESSES:
THE ASSOCIATION
By:
Print Name
Print Name
Print Name
CITY OF WINTER SPRINGS,
a Florida Municipal Corporation:
By:
Ronald W. McLemore, City Manager
Print Name
Neighborhood Street Sign and Light Improvement Agreement
City of Winter Springs
Page 6 of 7
(Form 12/2005)
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
20_, by , who executed the foregoing instrument and
acknowledged before me that he executed the same for the uses and purposes therein expressed and
o who is personally known to me or 0 who has produced as
identification and who did not take an oath.
(NOTARY SEAL)
Notary Public Signature
Typed or Printed Notary Name
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me this _ day of
20_, by RONALD W. MCLEMORE, City Manager of Winter Springs, Florida, who is
personally known to me.
(NOTARY SEAL)
Notary Public Signature
Typed or Printed Notary Name
Neighborhood Street Sign and Light Improvement Agreement
City of Winter Springs
Page 7 of 7
Attachment #2
Exhibit '1' (1 of 4)
INVOICE
WR: 1611830
Work Authorization
Job Order
------
Customer Representatives Name
WINDING HOLLOW GREG PIKE
Address City State Zip
000 WINDING HOLLOW BLVD WINTER SPRINGS FL
Work Description
INSTALL 516' VICTORIAL POLES WITH OCALA LIGHTS AND REMOVE 6 30' CONCRETE POLES WITH ROADWAY LIGHTS AT THE
ENTRANCE TO WINDING HOLLOW SUBDIVISION
Out of Ratio Cost $182.65
Billing Method Terms of Payment
El Contract Price S o Cost o Cost plus 15% On or before 20 days after Other
182.65 /' o Completion of project o Explain below
[Jln Advance
Other Terms of Payment Ownership of completed project Date Payment Received
Progress Energy Customer
AGREEMENT
The Customer is responsible for the cost, repair or replacement of (1) sod. trees, shrubbery or other plants damaged in the normal course of
performing Of gaining access to the above work, and (2) damage to non-Progress Energy underground wires. conduit. pipes or other utility facil1ties
that have NOT been staked or located by owner of the facilities. Contract price and terms of payment become invalid if the signed agreement is
not received by Progress Energy on or before .... 30 DAYS.
The undersigned herebY authorizes and employs Progress Energy to perform the above job and to furnish labor, necessary faolUties or
equipment and I Of materials for the above job and agrees to pay in accordance with the terms of payment as noted above.
Signature of Above Customer or RepresentaUve Date
X
Name (Please print or type)
AUTHORIZATION
Authorizing Supervisor Date
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Name /
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INVOICE
WR:
. Work AuthorizatIon o Job Order
w,.. .......-..."'... ............__.'A._ ..m....__ ..m....__............. ...,............,.....- .......m.m.._'_... ..............__m.'" .........^..v_...._.............
Customer Rlilpresentatlves Name
WINDING HOLLOW HOA INC Greg Pike
Address City State Zip
VISTA CAM PO BOX 162147 AL TAMONTE SPG FL 32716
Work Desoriplion
CONSTRUCTION CHARGE TO INSTALL ONE LIGHT AND POLE AT 737 TIMBERWfLOE. WINDING HOLLOW SUBDIVISION.
Out of Ratio Cost $16918
~ Method Terms of Payment On or before 20 days after
0 o Cost plus 15% Other
Contract Price $ 169.18 Cost ~' Advance o Completion of project o Explain below
other Terms of Payment Ownership of completed project Date Payment Received
///
iJProgress Energy DCustomer
AGREEMENT
The Customer is responsible for the cost, repair or replacement of (1) sod, trees, shrubbery or other plants damaged in the normal course of
performing or gaining access to the abOve work, and (2) damage to non-Progress Ener~y underground wires, conduit, pipes or other utility facilities
that have NOT been staked or located by owner of the facilities. Contrect price and terms of payment become Invalid If the signed agreement is
not received by Progress Energy on or before .... 30 DAYS.
The undersigned hereby authorizes and employs Progress Energy to perform the above job and to fumlsh labor, necessary facilities or
equipment and lor materials for the abOve job and agrees to pay in accordance with the terms of payment as noted above.
Signature of Above Customer or Representative Date
X
Name (Please print or type)
A.UTHORIZATlON
Authorizing Supervisor Date
. /- .;: ,'..,/'
('1. //2 f l;f-
Name l.//('.(..A.........~ .' _:t,,-,/lL/ .'
'CI'Ch' -""W_....."M_ quoto
Attachment #3
Exhibit '1' (2 of 4)
Attachment #3
Exhibit '1' (4 of 4)
Attachment #4
Vista Community Association Management
December 13,2006
Mr. Stephen Richart
City of Winter Springs
City Hall
1126 East State Road 434
Winter Springs, FL 32708
RE: Winding Hollow Homeowners Association, Inc ---Lighting Approval.
Dear Mr. Richart;
Attached is a copy of the Board of Directors Meeting Minutes for the meeting held
November 16, 2006. These minutes reflect the unanimous approval of the expenditures of
$189 for six spot replacement lights along Winding Hollow Blvd. and $169 for a new
light installed at 737 Timberwilde that was deemed necessary due to low lighting in that
area. These minutes were approved by the Board at the December 12,2006 meeting
Please accept this letter and attached copy of the minutes as certification of the
appropriate approval of the lighting and the necessary funds.
If you need any further information, please do not hesitate to let me know
Sincerely,
For the Board of Directors,
Ellen R. Womack, LCAM
Management Agent
Winding Hollow Homeowners Association, Inc.
225 South Westmonte Dr. Suite 3310, Altarnonte Springs, FL 32714 - Phone 407-682-3443 - Fax 407_682_018~.
. -
Mailing Address: PO Box 162147, Altarnonte Springs, FL32716-2147
Toll Free 1-866-682-3443 - info@vista-cam.com - Website: vista-earn. com ·
WINDING HOLLOW HOMEOWNERS ASSOCIATION
A regular meeting of the Board of Directors was held on Thursday night, November 16,2006
At the First Baptist Church of Winter Springs.
Directors Present: Joe Bartley, Joe Boudreau, Penny Magana, Ron Sarao, and Wayne Paycer.
Directors Absent: Dean Adler and Greg Pike
Also Present: Margo Pfauser, Vista Representative and one owner.
I. QUORUM: A quorum was met in accordance with the Association documents by
having five of the seven members of the Board of Directors in attendance.
II. CALL TO ORDER: Mr. Boudreau called the meeting to order at 7:00 PM.
III. PROOF OF NOTICE: The notice of the meeting was displayed on the message board
on Winding Hollow Blvd.
IV. APPROVAL OF PREVIOUS MINUTES:
A. October 19,2006: After review, motion was made by Ms. Magana to approve
the minutes as presented. Mr.Sarao seconded the motion. All were in favor, motion
approved.
V. HOMEOWNERS COMMENTS: None
VI. FINANCIAL REPORT:
A. Monthly Report: Discussion took place on the financial reports for October, 2006.
There were no revisions or amendments requested from the Board. Mr.Paycer made a
motion to accept the Financial Statements as presented. Ms. Magana seconded the
motion. The vote was unanimous for approval.
VII. MANAGER'S REPORT: No Report, Manager Chuck Oliver was not present due to a
death in the family.
VIII. COMMITTEE REPORTS:
ARC REPORT: Mr. Paycer advised that 111 Inward Ct. has fixed their trim and it will
not be necessary to forward this violation to the Attorney.
LANDSCAPE REPORT: Mr. Boudreau met with T.J and they measured the area
where the sod was damaged along Winding Hollow Blvd. It will cost $2500 to replace the
sod and the association will seek reimbursement from Progress Energy. Mr. Boudreau
made a motion to approve the $2500 for new sod and Mr. Bartley seconded it. The vote
was unanimous for approval.
NEIGHBORHOOD WATCH: Mr. Bartley reported that everything was going well.
COMMUNICATIONS: Ms. Magana reported that we have received notice from four
people who will help with the holiday decorating. Mr. Bartley made a motion to approve
$300 for holiday decorating and Mr. Paycer seconded the motion. The vote was
unanimous for approval.
IX. NEW BUSINESS:
There was a traffic accident at Winding Hollow Blvd and 434. There was damage to the
wall and landscaping. Vista has started a claim with Geico (the insurance company ofthe
driver of the vehicle).
X. OLD BUSINESS: Mr. Boudreau stated that the City needed clarification on the new
streetlights that were previously approved by the Board at the July meeting. The actual
cost was $189 for six spot replacement lights along Winding Hollow Blvd and $169 for a
new light at 737 Timberwilde that was deemed necessary due to low lighting in that area.
Mr. Boudreau made a motion to approve these final costs. Motion was seconded by Mr.
Paycer. The vote was unanimous for approval.
XII. ADJOURNMENT: There being no further business, Mr. Boudreau adjourned the meeting
at 7:33 PM. Next meeting is proposed for December 14,2006.
Respectfully submitted by,
Approved by P. Magana Secretary
Date: 12-12-06
Margo Pfauser, LCAM
Winding Hollow HOA
Winding Hollow Homeowner's Association
January 18, 2007
NEIGHBORHOOD STREET SIGN AND LIGHT
IMPROVEMENT AGREEMENT
This Neighborhood Street Sign and Light Improvement Agreement ("Agreement") is
made and entered into this I :g~ day of '"S ~~ , 200 ? , by and between the City
of Winter Springs, Florida, a Florida municipal corporation ("City") and
WiNd;"'~ HolloW H.,O.~ , , a Florida corporation ("Association").
WITNESSETH:
WHEREAS, the Association is a homeowner's association located within the City of Winter
Springs, Florida; and
WHEREAS, the City currently provides the Association and its members with standard
street signs and lights located on City streets that traverse through the real property which constitutes
the Association; and
WHEREAS, the Association has requested and the City desires to provide enhanced
decorative street signs and lights at the Association's expense under the terms and conditions herein;
and
WHEREAS, the parties acknowledge that this agreement will improve the aesthetic
appearance of the City's streets primarily for benefit and enjoyment of the Association and its
members and incidentally to the rest of the citizens of Winter Springs.
NOW THEREFORE, in consideration of the mutual promises set forth hereunder, and other
good and valuable consideration, which the parties acknowledge has been exchanged, the parties
agree as follows:
Section 1. Recitals. The foregoing recitals are true and correct and are hereby
incorporated herein as a material part of this Agreement.
Section 2. Definitions. The following words and phrases used herein shall have the
following meaning unless the context clearly indicates otherwise:
2.1 "Progress Energy" shall mean Progress Energy and any successor and assign to the
City's electric franchise.
2.2 "Sign Plate" shall mean the metal face plate of the street sign on which street
Neighborhood Street Sign and Light Improvement Agreement
City of Winter Springs
Page 1 of 7
(Form 12/2005)
names and other traffic symbols and/or language is written such as "stop" and speed limits.
2.3 "Street Light Base Rate" shall mean the actual cost charged by Progress Energy to .
install, maintain, and operate a standard concrete pole and cobra fixture. Said costs include electric,
equipment rental, maintenance, gross receipts tax and other associated charges imposed by Progress
Energy in accordance with law. At the effective date ofthis Agreement, the Street Light :Base Rate
is equal to $ \'3\) . The parties acknowledge that said base rate is subject to
periodic adjustments by Progress Energy and the City of Winter Springs.
Section 3. Scope of Project. The City and the Association agree that this Agreement
may cover both decorative street signs and decorative street lights depending on what is specifically
set forth in Exhibit "I." The City and Association agree that the Association desires to purchase,
install, maintain and operate the decorative street signs and street lights depicted and itemized in
Exhibit "I." which is attached hereto and incorporated herein by this reference (the "Project"). The
parties acknowledge that if decorative street signs are installed, they must comply with the standards
ofthe Florida Department of Transportation and City of Winter Springs and if decorative street lights
are installed, they must be provided by Progress Energy.
Section 4.
obligations:
Association's Obligations. The Association agrees to perform the following
4.1 Decorative Street Signs. To the extent that decorative street signs are part of this
Agreement as provided on Exhibit "1. "the Association agrees to fully cooperate with the City to
purchase, install, and maintain the decorative street signs required by the Project as follows:
(A) The Association shall agree to pay the City's actual out-of-pocket cost of purchasing
and installing the decorative street signs required to complete the Project, excluding the actual cost
ofthe sign plates which will be the City's responsibility.
(B) Prior to the City purchasing the decorative s~eet sign component of the Project, the
Association agrees to pay the City a deposit in the amount of N I It
($ ) which represents at least fifty percent (50%) of the estimated cost of the street sign
component of the Project, excluding the estimated cost of the sign plates.
(C) Within seven (7) days ofthe City awarding the contract for the street sign component
of the Project ("Street Sign Contract") and prior to contract execution with the contractor, the
Association shall pay the City the amount that is due under the Street Sign Contract, less the deposit
and excluding the cost of the sign plates. The City reserves the right to terminate the Street Sign
Contract should the Association fail to make said payment.
Neighborhood Street Sign and Light Improvement Agreement
City of Winter Springs
Page 2 of 7
(Form 1212005)
(D) In the event any of the decorative street signs must be replaced or repaired due to
damage, deterioration, or age, the Association agrees to pay the City the cost of the repairs or the cost
of-purchasing and installing the replacement decorative street signs. The Association's payment
shall be made within thirty (30) days of receipt of Mitten notice from the City and prior to the
replacement. Notwithstanding, the City will be r~sponsible for the repair or replacement of any
damaged, deteriorated, or aged street sign plate. All other components ofthe street sign including,
but not limited to, the foundation, framing, and pole. will be the responsibility of the Association.
(E) During the term ofthis Agreement, the Association agrees to maintain with the City a
sign repair escrow account ("Sign Escrow Account"). At all times, the Association agrees to
maintain a balance equal to twenty-five percent (25%) of the Street Sign Contract. The City
reserves the right to periodically adjust the required escrow balance to account for inflation. In the
event the balance goes below the required escrow balance, the City shall notify the Associa~ion in
writing that the Sign Escrow Account must be replenished to satisfy the balance requirements ofthis
Agreement. Upon receipt of said notice, the Association shall have thirty (30) days in which to
replenish said account. The City shall have the right to use the money in the Sign Escrow Account
to repair or replace any street sign required by this Agreement or to purchase and install any
additional decorative street signs that the City determines are needed for traffic safety purposes
within the Association property. In the event that a street sign must be replaced, repaired, or added
and the Association has failed to maintain an adequate balance in the Sign Escrow Account, the City
shall have the unconditional right to make said repairs, replacement, or addition using a standard
non-decorative street sign and recover the actual cost thereof from the Association.
4.2 Decorative Street Lights. To the extent that decorative street lights are part of this
Agreement as provided on Exhibit "1. II the Association agrees to fully cooperate with the City to
acquire, install, maintain, and operate the decorative street lights required by the Project as follows:
(A) The Association shall take over from the City the full responsibility of maintaining the
Progress Energy invoice for all of the street lights covered by the Project, including having the
account placed in the name of the Association and makit:lg prompt and timely payments on said
account.
(B) The Association shall be responsible for promptly reporting all broken or damaged street
lights directly to Progress Energy. The City reserves the right to do the same in the event that the
Association fails in said reporting responsibilities.
Section 5. City's Obli~ations. Subject to the Association's compliance with its payment
responsibilities set forth under this Agreement, the City agrees to perform the following obligations:
Neighborhood Street Sign and Light Improvement Agreement
City of Winter Springs
Page 3 of 7
(ponn 12/2005)
5.1 The City agrees to pay the cost of purchasing the Sign Plates required to complete
the Project.
5..2 The City will purchase the decorative street signs required by the Project and under
the Street Sign Contract in accordance with the City's purchasing policies and procedures.
5.3 The City will assist the Association in coordinating with Progress Energy to acquire
and install the decorative street lights. Upon installation, the City agrees to reimburse the
Association for the acquisition, installation, maintenance, and operation of the decorative street lights
in an amo t equal and strictly limited to the Street Li t Base Rate. The City shall make the
reim ement on a monthly/quarterly/bi-annuall annual basis CIRCLE ONE and INITIAL
. However, with respect to any increase in the num er of street lights above the number
that were actually installed for the Association at the effective date ofthis Agreement, the City shall
not be responsible for the Street Light Base Rate for the additional street lights unless the City
agrees, in its discretion, that the additionallight(s) were required to bring the Association's street
light plan into conformance with Progress Energy's standard photometric requirements.
Section 6. Title to Street Signs and Lights. The right, title and interest of the
decorative street signs shall be vested in the City. The right, title and interest ofthe decorative street
lights shall be vested in Progress Energy. The Association shall have no property interest in the
decorative street signs and street lights.
Section 7. Applicable Law: Venue. This Agreement shall be governed by and
construed in accordance with the laws of the State of Florida and the Winter Springs Code. The
parties agree that venue shall be exclusively within Seminole County, Florida, for all state disputes
or actions which arise out of or are based upon this Agreement, and in Orlando, Florida, for all such
federal disputes or actions.
Section 8. Amendments. This Agreement shall not be modified or amended except by
written agreement executed by all parties hereto and approved by the City Commission or City
Manager of the City of Winter Springs.
Section 9. Entire Agreement: Headings. This Agreement contains the entire agreement
between the parties as to the subject matter hereof. The Agreement may only bind the City if
executed by the City Manager or Mayor of Winter Springs. Paragraph headings are for convenience
of the parties only and are not to be construed as part of this Agreement. All references to whole
paragraph numbers (e.g. 2) shall include all subparagraphs thereunder (e.g., 2.1).
Section 10. Severability. If any provision of this Agreement shall be held to be invalid
or unenforceable to any extent by a court of competent jurisdiction, the City shall have the
unconditional right to either terminate this Agreement, modify this Agreement with the Association's
Neighborhood Street Sign and Light Improvement Agreement
City of Winter Springs
Page 4 of 7
(Form 1212005)
consent, or remain in the Agreement as modified by the court.
Section 11. Sovereign Immunity. Nothing contained in this Agreement shall be
construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida
Statues, or any other limitation on the City's potential liability under state or federal law.
Section 12. Notice. All notices and correspondence in connection with this Agreement
must be in writing. Notice and correspondence shall be sent by first class mail or hand delivered at
the addresses set forth below or at such other addresses as the parties hereto shall designate to each
other in writing.
(a) If to the City::
Mr. Ronald W. McLemore, City Manager
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708-2799
407-327-5366 (Phone)
407-327-4753 (Fax)
(b) If to Association:
WiNd.:Nj -Hollo~ ~IDJ~",
1='.0, 6o~ "~IY,)
~\ffrMD~E ~prlf'l5S ,':"<" 3t,'?/b
4\>1 - 'i2- :Jw J (Phone)
"101- &32.. 018/ (Fax)
Section 13. Waiver Any forbearance by the City in exercising any right or remedy under
this Agreement shall not constitute a waiver of or preclude the exercise of any right or remedy.
Section 14. City's Riehl to Seek Equitable Relief and Special Assessment. The
Association agrees, acknowledges and recognizes that any breach of this Agreement by the
Association may result in irreparable harm to the City. The Association agrees that in addition to
and not in lieu of all legal and equitable remedies available to City by reason of such breach, City
shall be entitled to equitablerelief(including, without limitation, specific performance and injunctive
relief) to enjoin the occurrence and condition of the breach. Further, in the event the Association
fails to make any payments that are required herein, the Association acknowledges and agrees that
the decorative street signs and street lights provide a special benefit to the Association and its
Neighborhood Street Sign and Light Improvement Agreement
City of Winter Springs
Page 5 of 7
, 0
'. '
(FOntl 12/2005)
members and that said special benefit is shared proportionately by all the members of the
Association. In the event that the City determines..that the Association has not made the payments
required by this Agreement, the City reserves the unconditional right to assess the Association and
its members for the Association's costs for the decorative street signs and street lights. In the event
the City is required to initiate an assessment, the Association agrees to fully support the assessment
and the Association shall not contest, challenge or intervene in the assessment process. Further, in
the event that the Association defaults on any street light account with Progress Energy which is
covered by this Agreement, the City shall also, at its sole discretion, have the right to transfer said
accounts into the City's name and thereby assume all the rights afforded an account holder.
Section 15. Attorneys Fees. The prevailing party in any litigation arising under this
Agreement shall be entitled to recover its reasonable attorneys', and paralegal fees and costs, whether
incurred at trial or appeal.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
written above.
WITNESSES:
~~cL.
~~ CS 6C!J lA Di'~-eA--4
Print Name '-
Print Name
~~
~,"- ;:;,~
Print Name
CITY OF WINTER S:PluNG"S~ -
a Florida Municipal Corp.otation:
By: tf?~~/$1~'~:" .'
}(onald W. McLem()l€~_Cit}' Manag.e:..o
Print Name
Neighborhood Street Sign and Light Improvement Agreement
City of Winter Springs
Page 6 of 7
(Form 12/2005)
STATE OF FL~. DA
COUNTY OF J ./
The fore oing instrume t as aclarowledged before me this ~ day of ~ '
2007 , by , who executed the foregoing nstrumen and
acknowledged befo m that he executed the same forthe uses and purpo~ therein ~ressed and
o who is personally known to me or if who has producedJ}Pu/..L 'I./1l.bf,t1 f,{I~as
identification and who did not take an oath. .
(NOTARY SEAL)
CAROL A. LALLATWIN
Notary Public, Stale of '",i'i
My comm. up. ",,~_
Comm. No. DO
No~sf~a~/
(!,If/{IJL A Lift-LA-THO)
Typed or Printed Notary Name
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me this 11- day of fANUti(t{ ,
2011, by RONALD W. MCLEMORE, City Manager of Winter Springs, Florida, who is
personally known to me.
~ ~ Joan l Brown
! J . My COlM\lllllOl1 00301500
";.I ExpiI'8S March 18, 2008
(NOTARY SEAL)
, DP. iJ LorC)l-uV'.
Typed or Printed Notary Name
Neighborhood Street Sign and Light Improvement Agreement
City of Winter Springs
Page 7 of7
z.~h~BJ~f-1-1 (JoF If )
INVOICE
WR:
,-.----~~----_..
Customer Representatives Name
WINDING HOLLOW GREG PIKE
Address City State Zlp
000 WINDING HOLLOW BLVD WINTER SPRINGS FL
Wort. Description
INSTALL 516' VICTORIAL POLES WITH OCALA LIGHTS AND REMOVE 630' CONCRETE POLES WITH ROADWAY LIGHTS AT THE
ENTRANCE TO WINDING HOLLOW SUBDIVISION
Out of Ratio Cost $182.65
B'Hlnq Melllod Terms of Payment On or before 20 days after Other
/ o COSt o Cost plus 15%
13 Contract Price S 182.65 ~ Advance o completion of project o ,Explain below
Other Terms of Payment Ownership of completed project Date Payment Received
,../
[B1$rogr~ Energy OCustomer
~;"ork AuthorIZation
o Job Order
AGREEMENT
The CUstomer is responsible for the 00$t. repair or replacement of (1) sod, trees, shrubbery 01" other plants damagedln the normal course of
perfomllng or gaining access to the above work, and (2) damage to non.progress Energy underground wires, conduit, pipes or other utility facl8Ues
that have NOT been slaked or loCated by owner of the facilities. COntract prlce and terms of payment become Invalid lfthe signed agreement ts
not received by Progress Energy on or before .... 30 DAYS.
The undersigned herebY authorizes and emplo-ys Progress Energy to perform the above lob and to fumlsh labor, necessary faoilllies or
equlpment and I or materials for the above job and agrees to pay In accordance with the terms of payment as noted above.
Sig/'Ialure of NJove Customer or Represen1aUve Date
X
Name (PleaSe print or type)
AUTHORIZATION
Authorizing Supervisor Date
l. /~~.c/ ' y{'.#
Name ;P',&,,~-I./' ....
. .
d3dYJll'Ittl_""_fln_~
~), ~ ~~; + '1' ('2-9P~)
INVOICE
WR:
..._--_.._...~-----_...~--- --."-----...--. -.
Customer Representatives Name
WINDING HOLLOW HOA INC Greg Pike
Address City State Zip
VISTA CAM PO BOX 162147 AL TAMONTE SPG FL 32716
Work DeilcriplJon
CONSTRUCTION CHARGE TO INSTALL ONE LIGHT AND POLE AT 737 TIMBERWILDE. WINDING HOLLOW SUBDIVISION.
Out of Ratio Cost $169.18
~ Method Terms of Payment
Contract PrIce $ 169.18 o Cost o Costp/u's 15% ~Advance On or before 20 days after Other
o Completion of project o Explain below
Other Terms of Payment Ownershlp of completed project Date Payment Received
~ress Energy OCUstomer
~Ork Authorltatlon
o Job order
AGREEMENT
The CUstomer is responsible for the cost, repair or replacement of (1) SOd. trees. shrubbery or other plants damaged in the normal COUI'S8 of
performing or gaining access to the aboVe work. and (2) damage to non-Progress Ener0' underground wires, conduit. plpesor other utility fadlllies
that have NOT been staked or located by owner of the faolll1les. Contract prlce and terms of payment become Invalid If the signed agreement is
not recelved by Progress Energy on or before .... 30 DAYS.
The undersigned hereby authorizes and employs Progress Energy to perform the above job and to furnish labor. necessary facilities or
equipment and I Of materials for the above job and agrees to pay In accordance with the terms of payment as noted above.
Signature of Above CUstomer or Representallve Date
X
Name (Please print or type)
AUTHORIZATION
Authorizing Supervisor Date
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