HomeMy WebLinkAbout2006 01 23 Regular Item 301 Glen Eagle Community
COMMISSION AGENDA
ITEM 301
REGULAR X
January 23,2006
MGR /DEPT
Meeting Authorization
REQUEST: The Community Development Department is requesting authorization for Glen
Eagle Community Association to install upgraded streetlighting and upgraded
street signage throughout their subdivision.
PURPOSE: This agenda item is needed for the City Commission to authorize Glen Eagle
Community Association for installation of upgraded streetlighting (J 17 units) and
upgraded street signage (81 poles) in the City right-of-way areas within the Glen Eagle
Subdivision of Tuscawilla using the Neighborhood Street Sign and Light
Improvement Agreement.
CONSIDERATIONS:
On November 28, 2005, the City Commission approved Agenda Item 508 which
authorized Winding Hollow HOA to create a private streetlighting account with Progress
Energy and to take over the responsibility for payment and maintenance of upgraded
streetlighting within Winding Hollow HOA using the Neighborhood Street Sign and Light
Improvement Agreement (NSSLIA). The City agreed to reimburse Winding Hollow for
the monthly streetlighting City base rate for each unit. Additionally, Winding Hollow HOA
will file a common use exemption form with Progress Energy to exempt the HOA from
paying sales tax on electric and sales tax on equipment for streetlighting.
In the same spirit of Agenda Item 508 approved for Winding Hollow DOA on
November 28, 2005, City Staff is presenting this item on behalf of the Glen Eagle
Regular 301-Jan 23,2006
Community Association to upgrade their streetlighting and street signage within the public
right-of-way areas of Glen Eagle using the NSSLIA instrument.
Glen Eagle Community Association is requesting to upgrade 117 decorative
streetlights (includes 2 additional for visibility) with the Biscayne / Victorian combo and to
upgrade 81 street sign poles with black decorative poles along public roadways within the
subdivision. A copy of the check payable to Progress Energy in the amount of $ 1,530 for
streetlight construction costs, as well as a copy of the deposit check payable to the City of
Winter Springs in the amount of$ 27,000 for street signs are included in this package.
Staff will be bidding the street sign portion of the Glen Eagle Project together with the
TLBD Phase 2 Beautification Project in an attempt to secure more competitive pricing.
FUNDING:
Funding for this project will be provided by the Glen Eagle Community Association.
RECOMMENDATION:
It is the recommendation of Staff that the City Commission authorize execution of the
NSSLIA instrument with Glen Eagle Community Association to allow the creation of a
private account with Progress Energy for upgraded streetlights (117 units) and their
installation as described in Attachment # 2; located in the right-of-way areas along streets
within the Glen Eagle Subdivision. Staff recommends the City Commission authorize annual
reimbursement of the base streelighting rate of $12.14 per unit (subject to annual rate
revision) to the Glen Eagle Community Association. Staff also recommends the City
Commission allow the installation of upgraded street signage (81 poles) to be installed, as
outlined in the NSSLIA instrument, in the right-of-way areas along streets within the Glen
Eagle Subdivision.
2
Regular 301-Jan 23,2006
IMPLEMENTATION SCHEDULE:
The Glen Eagle streetlight project will be authorized immediately upon Commission
approval with construction to begin as scheduled by Progress Energy. The Glen Eagle street
sign project will mirror the schedule of the TLBD street sign project with construction
beginning in late 2006.
ATTACHMENTS:
1. Neighborhood Street Sign and Lighting Improvement Agreement (NSSLIA)
2. Progress Energy Lighting Solutions Proposal
3. Vote Certification Affidavit - Streetlights
4. Up Front Costs Deposit - Streetlights
5. Up Front Costs Deposit - Street Signs
6. Progress Energy - Common Use Form
7. Vote Certification Affidavit - Street Signs
8. Baseline Street Sign Quotation
COMMISSION ACTION:
3
Attachment #1 - 01/23/06 Regular 301
(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 January,2006 by and between the City
of Winter Springs, Florida, a Florida municipal corporation ("City") and
Glen Eagle Community Assn 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 oftrus Agreement, the Street Light Base Rate
is equal to $12.14. 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 "1." 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
of the sign plates which will be the City's responsibility.
(B) Prior to the City purchasing the decorative street sign comyonent of the Project, the
Association agrees to pay the City a deposit in the amount of $27,000.00 #005461
which represents at least fifty percent (50%) of the estimated cost ofthe street sign
component of the Project, excluding the estimated cost of the sign plates.
(C) Within seven (7) days of the 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 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 of the street sign including,
but not limited to, the foundation, framing, and pole will be the responsibility of the 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." 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 of the decorative street lights
in an amount equal and strictly limited to the Street Light 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 number 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 additional light(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 ofthis 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 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:
Glen Eagle Community Asson,
P.O. Box 162147
Altamonte Springs, FL 32716
407-682-3443(Phone)
407-682-0191(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
(Form 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
Steven T
Print Name
THE ASSOCIATION
By: Ralph Betancourt, President
Carol Lallathin
Print Name
CITY OF WINTER SPRINGS,
a Florida Municipal Corporation:
Print Name
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 . Seminole
The foregoing instrument was acknowledged before me this 4th day of January,
2006, by Ralph Betancourt, who executed the foregoing instrument and
acknowledged before me that he executed the same for the uses and purposes therein expressed and
who is personally known to me or who has produced Florida Drivers License as
identification and who did not take an oath.
(NOTARY SEAL)
Notary Public, State of Florida
My comm.exp. Apr. 28, 2007
Comm. No. DO 206546
Carol A. Lallathin
Notary Public Signature
Carol A. Lallathing
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
ttachment # 4 - 01/23/06 Regular 301
Glen Eagle Community Assoc.
Altamonte Springs FL 32716-2147
Progress Energy
St Petersburg FL 33733-8199
Attachment 5 - 01/23/06 Regular 301
Glen Eagle Community Assoc.
Altamonte Springs, FL 32716-2147
City of Winter Springs Utility Billing
Attachment #2 01/23/06 Regular 301
Progress Energy
Lighting Solutions
Proposal
Date: 8/30/2005
Project Glen Eagle
City of Winter Springs
Location Glen Eagle Drive
Contact Stephen Richart
407-327-1800,x315
Project Summary
Provide estimate for decorative lighting in the Glen Eagle Subdivision
using the Biscayne, 100 watt, High Pressure Sodium fixture on
Victorian poles and all underground wire & trench.
Spot replace 115 & 2 new locations.
This estimate does not provide for restoration of the disturbed area's
Quantity Product Description Monthly Product per unit costs
Required Fixtures and Poles Product Rental Total Maintenance Energy & Fuel
117 100 watt, HPS, Biscayne fIxture $16.87 $1,973.79 $1.28 $2.83
117 16 ft., Deco concrete, Victorian pole $9.98 $1,167.66
$0.00
Monthly $3,141.45
Product Summary and Monthly estimate
Total- Rent, Maintenance and Energy $3,141.45
Lighting Deposit Required $0.00
Estimated Up front costs (CIAC), if applicable $1,530.00
Note: Maint. Energy & Fuel included in monthly rental
This is an estimate only, Do not pay this amount
** excludes taxes and other associate charges
Attachmen #3 01/23/06 Regular 301
Glen Eagle
Homeowners Association
225 South Westmonte Drive, Suite 3310
P.O.Box 162147
Altamonte Springs,Florida 32714.
Office 407-682-3443 / Fax 507-682-0181
December 22, 2005
RE: CHANGE OF STREET LIGHTS WITHIN GLEN EAGLE HOMEOWNERS ASSOCIATION INC.
To The City of Winter Springs:
I , Kathryn Harrigan, Vista Community Association Manager of the Glen Eagle Homeowners
Association, Inc. do hereby certify that the Board of Directors passed a resolution at their Board of
Directors meeting on March 15, 2005 with an unanimous vote, to proceed with changing the street
lights within Glen Eagle, to the more decorative pole and lamp, including either the Washington or
Victorian pole with the Biscayne lamp.
I further certify that according to the Bylaws of the corporation, the Board of Directors has the
authority to make this decision without a vote from the homeowners."
Kathryn E. Harrigon as agent for Glen Eagle Homeowners Association, Inc.
Sworn to and subscribed before me this 22nd day of December, 2005
KathleenM. Bollo, Notary Republic:State of Florida.
This instrument prepared by:
Kathryn E. Harrigan
Vista Community Association Management
225 S. Westmonte Drive, Suite 2050
Altamonte Springs, FL 32714
Attachment #6 01/23/06 Regular 301
Progress Energy
Sales tax - Exemption
1. Electric
2. Equip Rental
FLORIDA STATE SALES AND USE TAX
Application for Sales Tax Refund and Indemnity Agreement
For Residential Facilities with Common Areas
And 100% Exempt Usage
Page 1 of 2
FULL NAME OF PURCHASER (CUTOMER NAME)
Glen Eagle Homeowners Association, Inc.
ACCOUNT NUMBER
SERVICE ADDRESS
Winter Springs, Florida, 32708
FLORIDA CERTIFICATE OF EXEMPTION NUMBER (If Applicable)
Federal Employer's identification Number(F.E.I.N.) or Social Security Number
59-3566153
USE PAGE 2 TO LIST MULTIPLE ACCOUNTS AND ACCOUNTS WITH MULTIPLE METERS
Glen Eagle Homeowners Assoc., Inc.(Purchaser) a Florida (state of incorporation) corporation, by and through its
officer who s duly authorized: hereby attests to Progress Energy Florida, Inc., that this sales tax refund claim, in the amount of
$ , is being made for electric utilities for service addresses listed within this application, in which the undersigned
hereby certifies to Progress Energy that all electric energy or power purchased during the period in which the refund is claimed, is
exempt from the Florida State Sales and Use Tax. This exemption is based upon Section 212.08(7)0) of the Rules and Regulations
of the State of Florida, Department of Revenue. Rule 12A-1.053(1) provides as follows:
"12A-1.053 Electric Power and Energy.
(1 )(a) The sale of electric power or energy by private or public utilities and rural electric cooperative associations is
taxable. Electric power or energy is exempt when it is separately metered and sold for use in residential households
(including trailer lots) direct to the actual consumer by utilities who are required to pay the gross receipts tax imposed
by Section 203.01, Florida Statutes. Such electric power or energy is exempt, even though metered and billed direct to
the landlord (master-metered). However, if any part of the utility or fuel is used for a non-exempt purpose, the entire
sale is taxable. Landlords shall provide separate meters for non-exempt consumption of electric power and energy.
This exemption shall also apply to electric power or energy sold to residents when separately metered and billed direct
to them. Electric power or energy used in residential model homes or common areas of apartments, cooperatives and
condominiums is exempt provided that none of the electric power or energy is used in residential model homes which
are used as sales offices or for other non-exempt purposes. Hotels and motels cater primarily to transient guests and
are not considered to be residential households. Therefore, this exemption shall not apply to electric power or energy
sold for use in hotels and motels."
Section 212.08(7)0), Florida Statutes also states: "For the purposes of this paragraph, licensed family day care homes
shall also be exempt."
By extending this agreement to Company, Purchaser represents that none of the electric power or energy it purchases from
Company under the specified account(s) will be used for a nonexempt purpose. Purchaser or authorized representative thereof
understands that if the Department of Revenue or other competent authority determines that such purchases do not qualify for
exemption, Purchaser may be subject to assessment of sales or use taxes, interest, and penalties, and that criminal penalties may
apply for fraudulent claim of exemption, as prescribed under Florida Statute section 212.085. The Statute provides 'When any
person shall fraudulently, for the purpose of evading tax, issue to a vendor or to any agent of the State a certificate or statement in
writing in which he claims exemption from sales tax, such person, in addition to being liable for payment of the tax plus a mandatory
penalty of 200 percent of the tax, shall be liable for fine and punishment as provided by law for a conviction of a felony of the third
degree, as provided in s.755.082, s.755.083, or s.755.084."
In consideration of Company's acceptance of this agreement, Purchaser agrees not to assert any claim against Company for failing
to charge or collect sales or use taxes from Purchaser, and hereby indemnifies and holds Company harmless against any loss or
damage which Company may incur as a result of its reliance upon the representations of Purchaser set forth herein, including, but
not limited to, any taxes, interest, or penalties assessed against Company, attorneys' fees (including attorneys' fees on appeal)
associated with defending against assessment or enforcing this indemnification, and any related expenses.
Signature of Officer
Ralph Betancourt
Title: President
Telephone(include Area Code)
407-496-0707
Date:12/28/05
ISSUED BY: Tax Administration 7/00
Attachment #7 01/23/06
Regular 301
glen Eagle
Homeowners Association
225 South Westmonte Drive, Suite 3310
P.O.Box 162147
Altamonte Springs, Florida 32714.
Oftlce 407-682-3443/Fax 507-682-0181
January 4, 2006
RE: CHANGE OF STREET SIGNS WITHIN GLEN EAGLE HOMEOWNERS ASSOCIATION INC.
To The City of Winter Springs:
"I, Kathryn Harrigan, Vista Community Association Manager of the Glen Eagle Homeowners
Association, Inc. do hereby certify that the Board of Directors passed a resolution at their Board of
Directors meeting on November 23, 2004 with an unanimous vote, to proceed with changing all of
the street signs within Glen Eagle, to the more decorative pole and signs, with a cost not to exceed
$27,000. I further certify that according to the Bylaws of the corporation, the Board of Directors has
the authority to make this decision without a vote from the homeowners."
I further certify that according to the Bylaws of the corporation, the Board of Directors has the
authority to make this decision without a vote from the homeowners."
Kathryn E. Harrigan as Agent for Homeowners Association, Inc.
Sworn to and subscribed before me this 4th day of January 2006
Kathleen M. Bollo, Notary Public, State of Florida
This instrument prepared by:
Kathryn E. Harrigan
Vista Community Association Management
225 S. Westmonte Drive, Suite 2050
Altamonte Springs, FL 32714
Attachement #8 01/23/06
Regular 301
January 5,2006 Quotation
Mr. Ralph Betancourt
Glen Eagle HOA
Winter Spring, FL
Dear Ralph:
Following is the residential signage quote you requested for Glen Eagle Home Owners Association.
Street Signs:
36" x 6" Sheet Aluminum wi 4" Reflective Letters
36" x 6" Street Sign Frames
64 @ 50.00
32 @ 99.00
Posts:
4" x 14' Round Fluted Posts for street signs
4" x 12' Round Fluted Posts for Stop & Special Signs
Decorative Base for posts
Finials for Posts
16 @ 265.00
11 @ 240.00
27 @ 145.00
27 @ 45.00
Traffic Control Signs:
24" x 24" DOT Stop Sign
24" x 24" Aluminum Frame for Stop Sign
30" x 30" DOT Dead End Sign
30" x 30' Frame for Dead End Sign
18" x 24" DOT Neighborhood Watch Sign
18" x 24" Frame for Neighborhood Watch Sign
18" x 24" DOT 25 MPH Speed Limit Sign
18" x 24" Frame for Speed Limit Sign
24" x 24' DOT Children at Play Sign
24" x 24" Frame for Children at Play Sign
12" x 6" 4 Way Sign
19 @ 64.00
19 @ 110.00
3 @ 75.00
3 @ 156.00
2 @ 64.00
2 @ 110.00
2 @ 64.00
2 @ 110.00
1 @ 64.00
1 @ 110.00
4 @ 45.00
TOTAL
Deposit:
Color:
Mounting:
Freight:
Sales Tax:
Delivery:
3,200.00
3,168.00
4,240.00
2,640.00
3,915.00
1,215.00
1,216.00
2,090.00
225.00
468.00
128.00
220.00
128.00
220.00
64.00
110.00
180.00
$ 23,427.00
50% deposit ($ 11,713.50) required to begin production, balance due upon completion
To be determined by client prior to placing order
Direct Mount
Will be added to fmal invoice
Out of State Client - Not Applicable
Approx 8 weeks from final approval and receipt of deposit
Note: Delivery times are subject to change when order is finalized and placed, depending
on current production demand
Sincerely,
Ron Moore
ACCEPTED I APPROVED: (Quote honored for thirty days):
Name
Date
A~~-Ac~ ^'~e-.~-F ~ ~. ' O t ~ 2 31 is 6 Qeg ~. ~ ~~ 3~
(Form 12/2005)
NEIGHBORHOOD STREET SIGN AND LIGHT
IMPROVEMENT AGREEMENT
This Neighborhood Street Sign and Light Improvement A reement ("Agreement") is
made and entered into this 't-~~dayof~A,~luAry , 200 , by and between the City
of Winter Springs, Florida, a Florida municipal corporation ("City") and
~t_ nl L~1~, ~~oM~n r-~44 AS N , a Florida corporation ("Association").
WITNESSETH:
WHEREAS, the Association is a homeowner's association located within the Cityof 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 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
c
(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 $ jz~ The parties acknowledge that said base rate is subject to
periodic adjustments by Progress Energy and the City of Winter Springs.
Section 3. Scone 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 "l." 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 ifdecorative street signs are installed, theymust complywith the standards
of the Florida Department ofTransportation and City of Winter Springs and if decorative street lights
are installed, they must be provided by Progress Energy.
Section 4. Association's Obligations. The Association agrees to perform the following
obligations:
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
of the sign plates which will be the City's responsibility.
(B) Prior to the City purchasing the decorative street sign com onent of the Project, the
Association agrees to pay the City a deposit in the amount of ~?,ppp ~ ~~ ~{6~
($ )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 of the 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 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 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 of the street sign including,
but not limited to, the foundation, framing, and pole will be the responsibility of the 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 of this
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." 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 12noo5)
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 t 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 t e number of street lights above the number
that were actually installed for the Association at the effective date of this 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 additional light(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 of the 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: Heading. 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, modifythis 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. No ice. 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:
Glen~4le, Ca~.MUN~~-t, (~s~
r. ~, 60^~ 16714 ~1 '
~ l~-ArtonHg. SPri''"~ t Fc. , 2'710
~-~2- X143 (Phone)
0"1-~~~ (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
(Form 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 pazalegal 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.
WIT .
~-~,.~ i ~1~d~_
Pnnt Name
THE ASSOCI TION
By:
Ral~~, e ~~ca~r}~ P~~f,~~n~
~a~ l,Z ~ ~~ ~~.~
Print Name
Print Name
~.,, G~QQ~,C„,~
J c,ti. ~G l lc ~, n~i
Print Name
CITY OF WINTER SPRINtr~S,
a Florida Mu>~iciPAl Corporation:
onald W..1VIcl~emore, City Manager
Neighborhood Street Sign and Light Improvement Agreement
City of Winter Springs
Page 6 of 7
(Form 12/2005)
STATE OF FLO DA
COUNTY OF
The fore oing instrument was acknowledged before me this ~hday of
20~~ by who executed the foregoing instrume t and
acknowledged be ore me that he executed the same for the uses and purposes therein expressed and
D who is personally known to me or tB'who has produced ~/vrio(2 ,~ri/ r /
~(./CCnS D as
identification and who did not take an oath.
(NOTA1~yRSEALI ALLATHIN
NotalC;ryAA POOuLLbIIAAc,lState of Florida
My comm. exp. Apr. 28, 2007
Comm. No. DD 206546
Notary Public Signa re
C ~~~~ _ Q. ,~,,~~~~ Tom, ~~
Typed or Printed Notary Name
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me this ~~ d y of ~~iycc,~ R.y ,
20~, by RONALD W. MCLEMORE, City Manager of Winter Springs, Florida, who is
personally known to me.
(NOTARY SEAL)
~o-* ~ Debra C. Frankpn
My Commiaeion DD2~2Y71
N w EXplrl6 February 22, 200a
Notary Public Signature
Etc ~. /~'~.~-, ~i~
Typed or Printed Notary Name
Neighborhood Street Sign and Light Improvement Agreement
City of Winter Springs
Page 7 of 7