HomeMy WebLinkAbout2010 01 11 Consent 200 Highlands Homeowner's Association, Inc. Agreement For Standard Street Lights COMMISSION AGENDA
CONSENT X
INFORMATIONAL
ITEM 200
PUBLIC HEARING
REGULAR
January 11, 2010 MGR DEPT 11
Meeting Authorization
REQUEST: The Community Development Department, Urban Beautification Division, is
requesting authorization for the City Manager to enter into a contract agreement
with Highlands Homeowner's Association, Inc., for the upgrade of sixty -two (62)
standard street lights with sixty -two (62) decorative street lights in the Highlands
Subdivision.
PURPOSE: This agenda item is needed for the City Commission to approve the execution of a
Neighborhood Street Sign and Light Improvement Agreement (NSSLIA) for the
upgrade of street lights located in the roadway medians on Sheoah Boulevard. The
proposed upgrade will be at no cost to the City.
CONSIDERATIONS:
On January 11, 2006, under Agenda Item 508 of the November 28, 2005 Commission
Meeting, the City entered into its first NSSLIA with a private homeowners association for the
upgrade of standard street lights to decorative lights along public roadways. Pursuant to the
NSSLIA, participating homeowners groups or developers are responsible to create a street
light billing account with Progress Energy and arrange to make timely payments for each
decorative street light on a monthly basis. The City is required to reimburse each participant,
upon the receipt of a qualified invoice, the standard `base rate' amount for each decorative
street light, usually on a quarterly basis.
Highlands Homeowner's Association, Inc. (HHA) is currently requesting that sixty
two (62) street lights be upgraded within their community along Sheoah Boulevard, as per
Attachment `A', Exhibit 1 of the included NSSLIA. As part of the agreement, HHA will be
required to make payment directly to Progress Energy for construction costs and the residual
monthly charges associated with the upgrade. The City will be required to reimburse HHA
the standard base rate for each decorative street light installed. Approval of this item will
result in a total of sixty -two (62) existing standard street lights being removed and sixty -two
(62) decorative street lights installed, at no additional cost to the City.
1
Benefits to residents of the Highlands Subdivision that will come as a result of this
upgrade include:
Increased safety as a result of new 100w bulbs as compared to
50w bulbs in the existing street lights on Sheoah Boulevard.
Enhanced beautification of the community with upgraded light poles.
Improved reliability with components installed as part of the project.
FUNDING:
Funding for this project will be provided by Highlands Homeowner's Association, Inc.
RECOMMENDATION:
The Community Development Department, Urban Beautification Division,
recommends approval of the attached NSSLIA with Highlands Homeowner's Association,
Inc., for the upgrade of sixty -two (62) standard street lights to sixty -two (62) decorative street
lights, within the Highlands Subdivision, and to authorize the City Manager and City
Attorney to prepare and execute any and all applicable documents.
IMPLEMENTATION SCHEDULE:
The project will be authorized immediately upon Commission approval with
construction to begin as scheduled by Progress Energy.
ATTACHMENTS:
A. NSSLIA Highlands Homeowner's Association, Inc.
1. Exhibit `1' Street Light Upgrade Request Letter Dated 11/16/09
COMMISSION ACTION:
2
Attachment `A'
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
Highlands Homeowners Association, Inc., (Developer), a Florida corporation "Association
WITNESSETH:
WHEREAS, the Association is a community or homeowner's Association located within the
City of Winter Springs, Florida; and
WHEREAS, the City provides the Association and its members with standard street signs
and standard street lights located on City streets that traverse through the real property which
constitutes the Association; and
WHEREAS, the Association and the City desire to provide enhanced decorative street signs
and decorative street 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
names and other traffic symbols and/or language is written such as "stop" and speed limits.
Form 02/09 Neighborhood Street Sign and Light Improvement Agreement
City of Winter Springs The Highlands HOA
Page 1 of 8
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 with law. At the effective date of this Agreement, the Street Light Base Rate is
equal to 14.24. 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 "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 the City of Winter Springs, and if decorative street
lights are installed, they must be provided by Progress Energy and approved by the City of Winter
Springs.
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 N/A 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.
(B) Prior to the City purchasing the decorative street sign component of the Project, the
Association agrees to provide the City with a deposit in the amount of N/A Dollars N /A) which
represents a minimum of one hundred percent (100 of the estimated cost of the street sign
component of the Project, excluding the cost of sign plates.
(C) Within seven (7) days of the City awarding a 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 any remaining amount that is due under the Street Sign Contract, if
any, 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.
(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
Form 02/09 Neighborhood Street Sign and Light Improvement Agreement
City of Winter Springs The Highlands HOA
Page 2 of 8
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
security for the cost of labor and materials for future sign repairs and replacement. At the
Association's election, the security shall be in the form of a letter of credit issued from a solvent
bank with a branch office in the Central Florida area, a payment bond issued from a highly rated
surety in the amount of ten percent (10 of the Street Sign Contract, or the advance purchase of
N/A decorative street signs which will be stored as inventory by the City for future sign repairs and
replacement. If elected, said bank or surety, and the form of the letter of credit or bond, shall be
subject to the City's approval prior to issuance. The City reserves the right to periodically adjust the
required amount of the letter of credit or bond for inflation or require additional advance purchases
of decorative street signs to replace depleted inventory. In the event the letter of credit or bond is not
replaced upon expiration, the City shall notify the Association in writing that the letter of credit or
bond must be replaced to satisfy the requirements of this Agreement. Upon receipt of said notice,
the Association shall have fifteen (15) days in which to replace the letter of credit or bond. The City
shall have the right to call the letter of credit or bond 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 the letter
of credit or bond or maintain an inventory of replacement decorative street signs, 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 62 decorative street lights required by the Project as follows:
(A) The Association shall assume 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 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 replacement Sign Plates required for
the Project.
Form 02/09 Neighborhood Street Sign and Light Improvement Agreement
City of Winter Springs The Highlands HOA
Page 3 of 8
5.2 The City will purchase replacement 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 and the establishment of an account with
Progress Energy, the City agrees to reimburse the Association for the 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 quarterly basis. 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 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; 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
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
Form 02/09 Neighborhood Street Sign and Light Improvement Agreement
City of Winter Springs The Highlands HOA
Page 4 of 8
Statues, or any other limitation on the City's potential liability under state or federal law. Said rights
and limitations shall be deemed fully incorporated herein by this reference.
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:
City Manager
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708 -2799
407 327 -1800 x 202 (Phone)
407 327 -6695 (Fax)
(b) If to the Association:
Highlands Homeowners Association, Inc.
2200 Shepard Road
Winter Springs, FL 32708
(407) 327 -0640
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
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
Form 02/09 Neighborhood Street Sign and Light Improvement Agreement
City of Winter Springs The Highlands HOA
Page 5 of 8
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.
[Signature Page Follows]
Form 02/09 Neighborhood Street Sign and Light Improvement Agreement
City of Winter Springs The Highlands HOA
Page 6 of 8
WITNESSES: THE ASSOCIATION
By:
Print Name
Print Name
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
who is personally known to me or who has produced as
identification and who did not take an oath.
(NOTARY SEAL)
Notary Public Signature
Typed or Printed Notary Name
Form 02/09 Neighborhood Street Sign and Light Improvement Agreement
City of Winter Springs The Highlands HOA
Page 7 of 8
CITY OF WINTER SPRINGS,
a Florida Municipal Corporation:
Print Name
By:
City Manager
Print Name
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me this day of
20, by City Manager of Winter Springs, Florida, who is personally
known to me.
(NOTARY SEAL)
Notary Public Signature
Typed or Printed Notary Name
Form 02/09 Neighborhood Street Sign and Light Improvement Agreement
City of Winter Springs The Highlands HOA
Page 8 of 8
NSSLiA Aff-hgtd.an
Attachment 'A' Exhibit 1
(2 Pages) Homeowners' Association
2200 Shepard Road
Winter Springs, Florida 32708
(407) 327 -0640 Office
November 16, 2009 (407) 327 -0644 Fax
City of Winter Springs
Steven T. Richart
Urban Beautification Coordinator
1126 E. SR #434
Winter Springs, Florida 32708
Re: Street Lighting
Dear Steven,
The Board of Directors of the Highlands Homeowners' Association, Inc. met at its
regular Board Meeting on November 12, 2009 and discussed the street lighting proposals
regarding the upgrade of street poles along Sheoah Boulevard.
After careful review of the submitted proposals, the board voted to commit to this project
and proceed with Proposal WR 3414093 and begin the approval process with the City of
Winter Springs and Progress Energy. The scope of the work request is to upgrade the 16
existing 14'fiberglass poles with 50 watt Sebring lights to 16' Black Victorian poles with
100 watt Biscayne lights. This work is to be performed in the median islands along
Sheoah Boulevard and at the 4 -way islands at Shepard Rd.
The Highlands HOA is looking forward to working with the City of Winter Springs in
this process. Please advise us as to the process of moving this project through the
Commission and to any monies that are due at this time.
Thank you for your support in this endeavor.
Cordially,
t Megow, Presid nt
and of Directors
Cc: Association file
Encl.
Lr Progress Energy Lighting Proposal
WR 3414093
PE Contact: Linda Burkett
Phone: 407 359 -4896 October 6, 2009
Project Details Scope of Request 1
Customer City of Winter Springs Upgrade existing 14' fiberglass poles with 50 watt Sebring lights to 16'
Black Vktorial poles and 100 watt Biscayne lights in islands.
Site: Sheoah Blvd
Contact: Steven Riohart
Phone: J
EXISTING INVENTORY Per Unit Sub -Total
Quantity Product Description Fixtures and Poles Rental Maint. Fuel Energy Unit
62 50W POST TOP (replace only) L40 54.62 51.87 51.60 58.09 5501,58
62 14' FIBERGLASS 52.30 50.00 50.00 52.30 5142.60
50,00 50,00
50.00 50.00
50.00 50.00
50.00 r $0.06
Rental, Maintenance, F&E Totals: 5429.04 5116.94 $99.20
Existing Estimated Monthly Rental $644.18
PROPOSED INVENTORY Per Unit Sub -Totat
Quantity Product Description Fixtures and Poles Rental Maint. Fuel Energy Unit
62 100W HPS BIISCAYNE L95 512.99 51.58 S3.74 518.31 51,136.22
62 16' VICTORIAN 11 DUAL BLK PLBCi6VBD 516.55 50.00 50.00 516.55 51.026.10
50.00 50.00
50.00 50.00
50.00 50.00
50 00 50.00
Rental, Maintenance, F&E Totals: 51,831.48 597,96 5231.88
i
Project Proposed Estimated Monthly Rental $2,161.32
Summary t Deposit
Estimates valid for 30 days and subject to change. Totals CIAC 56,679.43
1,08iliwo'
Estimated Monthly Rentals excludes applicable taxes, franchise fees and any customer charges, m
t Deposit DO NOT pay the deposit until you receive your bill. The deposit amount equals approximately two months of the i
monthly rental and will be billed to you separately on your Progress Energy bill.
-o- CIAO Contribution of Aid in Construction is due BEFORE the Work Request can be released to and is defeiled
on the enclosed invoice If applicable.
In order for us to proceed with the above proposed Iiahtina design it Is necessary theta enclosed documents
Nye an authorized signature and are returned in the enclosed envelope along with the CAC pavnreat
made out to Progress Energy Florida, inc
I The C1AC charge is subject to change after 30 days or in the evert you request or cause any changes to this proposal
i Progress Energy will cell for locate of all public facilities. Any customer owned utilces would need to be located and marked at your expense.
I If any or all of these fighting facilities will eventually Se subm led to a governmental agency for inclusion into a MS 1 Li or MSttU special assessment program,
please verify that these facilities meet the requirements within that jurisdiction. Should the agency not accept these facilities into their program. the entity who signs
the Lighting Service Contrecr will remain responsible for payment.
Thank you for your lighting request. We look forward to working with you on this project.
Authorized Signature a41..� h 4J Date 1 d
('e sign and date to a ve this proposal and return in the enclosed envefope)
NEIGH130RHOOD STREET SIGN AND LIGHT
IMW AGREEMENT
This Neighborhood Street Sign and Light. Improvement Agreement
("Agreement") is =de and entered into this day of Le 20 by and
between the City of Winter Springs, Florida, a Florida munic'pal corpo tiott "City and
Highlands Homeowners Assoclatimi, Inc., (Developer), a Florida corporation ssoeiation" .
WHEREAS, the Association is a cAommunity or cme wn r'a Association tooated rich n the
City of Winter S, Florida; and
w REA$, the City provides the Association, and its members with standard street signs
and standard street lights located on City streets that traverse through the real propel wbi h
constitutes the Aociation; sad
WR RE. S, the Association and the City desim to rovid enhanc d decorative street s ilm
aid decorative street lights at the Association's expewo under the terms aid conditions herein and
WHEREAS, the parties acknowledge that this agr cmcnt will improve the aesthetic
appea nce of the City's streets peril ' for benefit and enjoyment of the Association and its
members and incidentally to the rest of the ciumns of Winter :Sp,ri ,
NOW THEREF RIE, in consideration of the mutual promt es set forth hereuiader, and other
good and valuable coasideration, which the parties acknowledge has been exc ang d, the parties
agree as follows:
Section 1. keeitals, The foregoing r ciuls are true and correct and are hereby
incorporated h rem' as a matenkfl part of this Agreement.
Section 2. a nitions, The following words and phrases used herein sJWl have tho
following m at =*g %mess the c me t clearly indicates other :
2. 'Trogress Energy 71 shall mean Progress Energy and any successor and assign to the
City's electric franchise,
12 "Si late" shad mean the meth face plate of the street sign on which street
yes and other tmffie symbols and/or language is written such as "stop" and speed limits_
" 'Street Light Base Rate" shall mean the &MW & t cost charged by Progress Energy to
form 02109 Neighbqrhood Street Sign and Light Improvement Agreement
City of Winter Springs — 'The highlands HOA
Wage t of
maintain and operate a standard concrete pole and cobra fixture. Said costs include electric,
equipment rental, mai.nt n nce, gross receipts tai and other associated urges imposed by Progress
Energy in acoordance. with lam'. At the effective date of this Agreement, the Sheet Light Base Rate
is equal to 14.02_ The parties acknowledge that said base rate is subject to periodic adjustments by
Progress Energy and the City of Winter Sphngs.
Section 3. Leo a of Pro . 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 purohase,
install, maintain and operate the decorative street signs and streei lights depicted axed itemized itk
Exhibit 1 ", 'which is attached hereto and incorporated herein by this reference (the "P ro, cef ), The
pies acknowledge that if doeorative street signs are insta cd, they must comply with the standards
of the Florida Dwartment of Transportation and the City of Winter Sprigs, and if decorative street
lights are ins it d, they must be provided by Pmgress Energy and approved by the City of winter
Springs.
section 4. Associatiou's Obligation The Association agrees to perfonn the followin
obligations
4.1 Decorative Street Sigmi, —Not Applicable— To the extent that decorative street
signs are part of Us Agreement as provided on Exhibit "I", the Association agrees to fly
cooperate with the City to purchase, iw tall, and maintain (NLA
decorative street signs required by
the Project as foUo s
(A) The Association shall agree to pay the City's actwl out-of-pocket cost ofpurchasing and
installing the decorative street signs required to complete the Project.
(B) Prior to the City purchasing the decorative street sign Component of the Project, the
Association agree to provide the City with a deposit in the amount of Dollars which
represents a minimum of ono hundred percent (100%) of the esfiimtod cost of the street sign
component of the Project, excluding the cast of sign plates,
W ithin seven (7) days of the City awarding a contract for the street sign coMponent of
the Project "'Street Sign Contract' and prior to contract execution with the contractor, the
A. sooiation shy pay the City any r=aining amount that is due umder the Street Sign Contract, if
any, less the deposit aad excluding the cost of the sign plates. The City - reserves the right to
terminath the Street Sign Contract should the Association fail to make said. payment.
( D ) In the event any of the decorative street signs rust be rep1wed or repaired due to
damage, deterioration, or age, the Association agrees to pay the City the cost of the ropairs or the
cost ofpurch sing andimtalling the replacement decorative street sigm. The Association "s patent
shalt be made `t r'ithin fla in r 0 clays of receipt of vnitten notice f - oxn the Choy and prior to the
Fonn 02109 Neighborhood Street Sign and Light Improvement ,,agreement
City of Winter Springs — Tho Highlands HOA
Page
replacement. Notwithstanding,, the City will be responsible for the rep air or rep lace m e n t ent of a
damaged, deteriorated, or a cd street sign pf at . All other components ofthe street si i�nc lnd .
but not limited to, the foundation, framing, an p ole will b the responsibility of th e Association.
(E) D uring the term of this Agr etnent, the Association agrees to maintain with the C
ecurity for the post o labor and maten
'als for future sign repai and replac At the
Association's election, the s ec uri ty shah be in the form of a letter o credit issued from a solvent
band with a bramch office in the Central Florida area, a payment bond issued from a highly rated
su rety m the amount of t en p acent G % of the Street Sign Contract, or the advance purchase of
N/A deco ti e street signs which will be stored as inV=thry by the City for future stgn repairs an
replacement, If elected, said bad or surety, and tho form of the lett of credit o bond, shall be
subject to the City's approval prior to i-q9tiaoce, The City preserves the right to periodically 4ust the
require amount o f the letter of c redit or bond for inflation or require additional a.d =ce purchases
of decorative street signs to replace depleted inventory. In the event the letter of credit or bond is
not replaced upon expiration, the Ci s hall notify the Association in writing that the lettor of credit
or bond must b replaced to satisfy the roquwments of th is Agreement. Upon receipt of said not
tht Association shall have fifteen 1 days in which to r eplace the letter of credit or bor:d. Th C
shall have the right to call the lett of credit or b on d to rep or re any s sign req uired b
i s Agreement or to purchase and inst Ll any additional docor ►tive street signs that the i
determines � g
es are needed for traffic safety wpos tl the As prop. In the event that
suet sign must be replaced, repaired, or a dded and the Associati has failed to maintain the letter
ofcredit or bond or maintain an inventory of replacement decorative street signs, the City shad lave
the unconditional right to w4ke said reps, replacement, or addition Using a standard non-
decorati Street si an reco the actual cost th ereo f fr the Association.
4 .2 Decorative Street ,Lights, To the cx1eut that decorative street lights are part of this
Agreement as provided 6 Exhibit 1 the Associamn agrees to fuller caop=te with the City to
acquire, inst 1, maintain, operate 62 decorative street lights required by the Project as follows.
A The Association shall assume the ill responsibility of m taix .n the progress Energy
iia voice for all of the sheet lights covered by the P rod ect, including having the account placed in the
name of the A ssociation and making prompt and timely payments on said acount.
( B) Th e Association shall be responsi for promptly re porting all brok n or damaged
street hghts directly to P rogress Energy. The City reservos the right to do the same in the event that
the Association fails in said reporting responsibilities,
sectio C ftyls Obligat Subj to the Association's compliance with its Payment
responsibilities set forth under this Ag ee aent, the City agrees to p erform the follow obligations:
5 -1 --Not #ppli ab e�-- The City agrees to pay the cost of purchasing replacement Sign
Form Neighborhood Street Sign and Light l nprov=ent Agreement
City of Winter Sprin — The Highlands H A
page
Plates required for the Project.
5 -2 —Not 'Cable -- The CitY wi ll Purchase replacement decorative street si
required bar the Pro Oct an under th Street S i gift Contract in �
� accordan w ith Cit whin
policies and procedures.
5 .3 The City Will assist the Association in 000rdinating with P rog ress EneW to acquir
and stall the decorative fre t lights, Upon installation and the estabi- tshmeut of an account with
pro tes s Energy, tho City agrees tO reimburse the Association for the mamtenanee and op eratiot, of
the decorative street lights in are amount equal a n d strictly 1, to to the street LighT Due Rate. The
City $h91 make the reix�r�,b 'sc nE on uarterl r basis. H6wev r� Mt,h respect to any increase ill the
number of street fights above tho number that `V'm actually ijuta1ed for the Asso ciation at the
effective date of this A reement, the City shall not bo responsible for the Street L ight Base Rate for
the add itiowl s ligh is unle s the City agrees, in its di cr ' n-n-, fat the ad&tional lights) were
required to brag the Association's street light ply im conformance with P rogress 'Ene
standard photom req�eet,
Seedon 6. Title to Street Sin and l hts. the right, title and in terest o
the decor 'e stre t g n sh dI be vested ire the City. The right, title and interest of the
decorative street lights shad be crested in Progress ]Energy. The Association have no
property Un terest in the decorative, street signs and street lights.
Section 7. App licable w venue. This Agreement shall be gove ed by and
construed in accordance with the lags o f the State of Florida a nd the Winter Sp riugs Code. The
parks agree that venue shall be, exoinsiv l r Frith Seminole County, Florida, for all state disputes
or a tiom which arise out of or are b upon this Agreetnent, and in Orlando, Florida, for alb such
federal disputes or actions.
Section 8 . Amendments, This Agreement shall not be modified or mended except b
writt agmemet exe cuted by all pies hereto and approved by the City Commission or ci
Manager of the City of minter Springs,
,Section 9, ntir ` x'e „n - rings T his Agri t contains the entire
agreement between the, parties as to the subject matter hereof. The e m nt ma o r).l bin the
g y �
City if executed by the City meager or Mayor of Winter Springs. Paragraph hewn s are for
convenience Of the parties order end are not t be eonst ued as part of this Agreement. All references
to whole pe xagra h numbers g shah incl a U subparagraphs thereunder (c.g., 2, 1 .
Section 10. S verahillt # If any provision of Ws Agreement shall b -hold to be a d
or Un enforceable to any extent by a court of oompetent jurisdiotion, the City shall have the
unconditional right to either terminate this Agree eu modify this Agreement with tie
Association"s co sent or remain in the A.g as mo dified by the cow.
Form 02109 Neighborhood Street Sign an ,f ight Improvem nt Agreement
City Of Win= Springs — Tho Highlands oA
Page 4 of
seet ion .
�Overelm T nit . Nothing conO d in the A ,re rent shall be
daft ftUe,d s a waiver of the City's Wight to sove imt i ► UA Section 768,28 Flo
Statues, Or ahY oth l nation on the City's potential liability under state o r federal lair. Sai rights
and hraitins shall b e der filly mooted h erd by this r efe r ence ,
sectio Notice, All notices and correspondence in c 0nnfttion with this Agreement
mast be in wfiting, Notice and correspendcacc shall be sent by Est ems mail or band delivered at
the addresses set forth below or a such other addresses a the pares hereto shall. designate t each
other in wrldn ,
a t th city:
City Manager
City of Wint Sprin
1 126 East St ate Road 434
Wi nter SPs, FL 32708 -2799
407-327-1800 X202 hone
407 - 327 =6695 "a
(b) If t o the Association:
Highlands R alneowners Associati Inc.
2200 Shepard Road
`Winter Springs, FL 32709
0 ' 327 -0640
Sc, cfio Weyer Any forbemme by the City in a eroising aay right O rromedy under
this Agreement shall not constitate a waivet of or preclude the exercise of aay right or remedy.
Section . 's Ri t to Seek unable Relief and Special Assess The
Association are& , ROknOW and recognizes that any broach of this Agreena nt by the
Association nlay remit in It` ePaMble h arm to the City* The As sociati on agr that in addition t
and not in lieu of all legal and equitable remedies available to city by reason of sua bre ach, C4Y
shall be entitled to equitable re li e f (including,, without jimitatioA specific performance and
miunctive re lief) to C n j oin the occuxT a and condition of the breach. Furth6r, in the event the
A s ociation fails to make any payments that M required here the A s elation acknowledges and
` agrees that the decomtivt street signs and street liglAs provide a. special benefit to the Association
and its members axed that said special benefit is shared proportionately by all the members of the
Association, In the event that the City detenmines that the Association has not made the payments
required by this Agreement, the City restrves the un onditional right to assess the Association are
its members for the Association's costs for the decorative street signs an st=l lights. In the event
the City is re d t bate an assessment, the Association age on to fly support th assessment
Farm 02109 N elghb6rhood Street S i gn ai Light Improvernew Agmetne
City of Winter Springs — The Highlands HOB,
Page 5 o
and the Association shad not contest, challenge or intervene in tho assessment process. Fier,
the event that the Association defaults ail any stet light amount with Progress Energy which is
covered b y this Agreement, the CiTy shall also, at its sole discretion, have the nit to transfer said
accounts into the City's name and thereby ass=e all the ,rights af'f'orded an account holder.
Section ,1 . AttorngysJFees. The prevAing party in any fi gation an' sing under this
Agreement shall be entitled to r co 'or its reasonable attorneys' and paralegal fm and costs, whether
iacuff d at trial or appeal.
IN WITNESS WHEREOF, the parries bavo executed tWs Agreemtnt as of the date first
writt xx above.
[Signature Page FollovV'sl
3
For 02109 Neighborhood Street Sign and Fight Improvement Agreement
City of Winwr Springs — The HiWan& 140A
page
WITNESSES:
Print Name
Print Name
STATE OF FLO A W*-0
COUNTY OF
ASSOCIATION
d 11
B
The foregoing inswummt was acknowled beforc me this d of
20 J kt e, q.
� b Zot. 1^vo, G,./' who cXecuted thr, fore insa=en:t
;� ac 'ed before., mo that he executed the see for the tises and p m therms =d expressed w�hho is personall 1�nown to me or 11 who has produced as
identification and who did not take an oath.
(NOTARY S)EAL
Notar Pub fie, Sisardj/
T 64 Prm"' te
fs j ' 1% 7
0abber 16M I ��
to RM 7 rzas.-, kMnMt iv
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Form 02/09 Nei Street Si and Li Impro vemcat A
Cit of Winter Sprin - The Hi HOA
Pa 7 of 8
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r�r ell
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Print I
Print N=
STA'G'E OF FLORA
COUNT" OF S
CITE' OF WWTR
F lo rida M u j� Grp ration:
B y:
The fregmm� i was a ckno w l edged before e tai : dat of
�,, V� 1+ 1 :x* , C i Maa er ' te r ran Florida who i moriall
known to me, � .
(NO TA RY S EA L r f ��
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Typed o r Printed Notary Na
Form 02/09 Neighborhood Street Sign and Light Irnprowment Agreement
City of Winter Sprigs — The HigWan& HOA
Page 8 of
S
emo
,� ����5�
Frone Sbeven T. Ric��art, Urban Beautification Manager
C� Kevin Smith, City Manager
Dsbe: 2J12/2010
Ree Highlands NSSUA Stneet L'ght Aereement
Dear City Cle�ics:
Ptease find three (3) originals of the fo�lowing NSSUA agresme�nt for the Highlan� HOA that
requires signature of the City Manager for execution. The agr�eement is for them to upgrade str�et
Ights along Sheoah BI�. within the Highlartds Subdivision and it was approved by the City
Commission on January 11, 2010 — Ibem C200 (attached).
Someone from the Cleric's Office wil� r�ed to r�tarize each of the �rce (3) orig'rnals for the agreement
Or�e they have bee� fully exeaibed, please retum tw�o (2) origina�s to me and one (1) original should
rema�n with the City Clerk's Office.
Thank you very kindly,
S�twu• T. ���r�
,