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HomeMy WebLinkAboutMount Greenwood Neighborhood Street Sign and Light Improvement Agreement -2008 08 27NEIGHBORHOOD STREET SIGN AND LIGHT IMPROVEMENT AGREEMENT This Neighborhood Street Sign and Light Improvement Agreement ("Agreement") is made and entered into this ~~ day of ~ , 200, by and between the City of Winter Springs, Florida, a Florida nicipal corporation ("City") and Mo~n~ GY~e„ urav~~ Df~ , 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. adcnoyvtedge 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 dearly 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 names and other trafFc symbols and/or language is written such as "stop" and speed limits. F~ ozr~oo~ Neighborhood Street Sign and Light Improvement Agreement City of Winter Springs IIa~ 1 0~ 7 2.3 "Street Light Base Rate" shall mean the actual cost charged by Progress Energy to 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 witF~,law. At the effective date of this Agreement, the Street Light Base Rate is equal to $ i ~~ .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 Protect. 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 "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. Association's Obligations. The Association agrees to pertorm 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 ~ 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, exGuding 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 /y/~. ($ )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. Fes, oar~oo~ Neighborhood Street Sign and Light Improvement Agreement City of Winter Springs IIa,~ 2 0~ 7 (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 1 decorative street lights required by the Project as follows: (A) The Association shall take overfrom the City the full responsibility of maintaining the Progress Energy invoice for all of the street lights covered by the Project, inGuding 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. F~,~, ovzoo~ Neighborhood Street Sign and Light Improvement Agreement City of Winter Springs IIa~ 3 0~ 7 Section 5. Citv's Obligations. Subject to the Association's compliance with its payment responsibilities set forth under this Agreement, the City agrees to perform the following obligations: 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 reim ursement on a monthly uarte i-annually/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 of this Agreement, the City shalt 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. Aaalicable 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 exGusively 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 ). F~ otizoo~ Neighborhood Street Sign and Light Improvement Agreement City of Winter Springs Ila~e 4 0~ 7 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 Assodation's 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 Bass 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~jto A,,syso~+ciation: ~/ f'o ~Ey 6y73o~ 1~rlondo. ~G 326'67-'1.709 Y~-~- v ~ (Phone) y~-6~l -~39~ (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 aze required herein, the Association acknowledges and F~ ovzoo~ Neighborhood Street Sign and Light Improvement Agreement City of Winter Springs IIa7e 5 0~ 7 agrees that the decorative street signs and street lights provide a special benefit to the Association and its members and that said special benefit is shared proportionately by all the members of the Association. In the event that the City deternunes 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. ESS S: ~i Print Name ~A~Pn ~ ,~ . ,~4,CL~4Tff/,1/ THE ASSOCIATION Print Name ~XO~(\.I'LOIr a 0 Ul rl dl ~ '~/~ Print Name J ,, CITY OF WINTER SPRINGS, aFlorida Municipal Cor~ora~tion: onald W. Mcl.tmore, City Manstger Print Name Fo„n ov2oo~ Neighborhood Street Sign and Light Improvement Agreement City of Winter Springs IIa~e 6 0~ 7 STATE OF FLORIDA COUNTY OF S'~l'Yl i n a J E. The foregoing instrument was acknowledged before me this ~ day of 20~, by S o executed the foregoing instrume and acknowledged befor me that he execute the same for the uses and purposes therein expressed and ^ who is personally known to me or ~ who has produced ~ L D L as identification and who did not take an oath. (NOTARY SEAL) var pu Notary Public State of Florida :°~; Chyrel Jackson < My Commission DD768908 ~orn~ Expires 0 311 612 01 2 STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this ~ day of ' "' 20j~, by RONALD W. MCLEMORE, City Manager of Winter Springs, Fl 'da, who is personally known to me. (i b (NOTE ©fary ub is fate of Florida ' L11~;~~~ ~ ~~~~' Danielle Harker Not Public Signature ~~'or n°~s< Ex C 04!15120 D663371 ~ Da~i ~~,~ j+i~.~Kk,+' Typed or Printed Notary Name F~ ovzoo~ Neighborhood Street Sign and Light Improvement Agreement City of Winter Springs IIa~ 7 0~ 7 RECEI'11/E~ SER 1 T 2008 _. __ _ CITY OF WINTER 8PRING3 INTEROFFICE MEMORANDUM OFFICE OF THE CITY CLERK TO: RON M(;1,1?M<)RI?, (;I'1'Y' ~L1N.~GI~:R FROM: S"1'I~;VIiN RICIL~R'C, URBAN BI?,1U'l'll'IC,1"PION M;AN.AGI{R SUBJECT: M'1'. URJ?1sNWOOD S'1'RI?I~°17.IGIi'1' UPGR;~I)I~: Rl~:(>UI?S'1' DATE: 8/29/2008 CC: RANDY S'I'IVF.NSON, CDD DIRF,C;'1'OR Ron, The Mount Greenwood Community Association is requesting to upgrade one (1) standard streetlight to a decorative streetlight at their entrance located at Hayes Road and Dolphin. They have also agreed to pay all of the up-front costs as well as the delta for ongoing maintenance. This upgrade will cost the City NO additional money. As you may know, Mount Greenwood has been working to enhance their community by installing landscaping in several areas by way of our Neighborhood Improvement Grant Program and through other efforts of the residents. Installing the decorative streetlight at their main entrance is another step toward increasing the curb appeal of Dolphin Road. Please find three (3) original NSSLIA Agreements attached and signed by the Association, as well as a check to the City in payment for the up-font costs. As with all other streetlight upgrades, the Progress Energy account for this light will go into the Association's name and the City will reimburse the current base rate to the Association. If you are in agreement, please sign all three (3) originals and return two (2) of them to me, one (1) original goes to the City Clerk's office. Very re~rpe~~Hy', s' . ~. ~a Steve~~Richart ~o Mt Greenwood Community Association P.O. Box 677307 Orlando, FL 32867 City of Winter Springs 1126 East SR 434 Winter Springs, FL 32708 Wednesday August 27, 2008 Dear Mr. Richart: Direct Inquiries: Preferred Community Management Telephone:407-681-0394 FAX:407-681-0395 On August 26, 2008 the proposal for a street lighting upgrade at the entrance of Hayes Road and Dolphin Drive was brought before the board for review. The Board of Directors approved the upgrade as noted as "Lighting Solutions Proposal - WR 2652638" attached hereto. Enclosed please find the check for the CIAC. Ray Spangler, HOA president, will be bringing in and executing the agreement. Thank you for your assistance in this matter. We look forward to the installation. Please contact me if you require additional information or have questions. On behalf of the Board, Joe Frasca Community A oc' tion anager Preferred Community Management, Inc.