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HomeMy WebLinkAbout2005 11 14 Regular 502 COMMISSION AGENDA ITEM 502 CONSENT INFORMATIONAL PUBLIC HEARING REGULAR x November 14,2005 Meeting MGR Authorization REQUEST: The Community Development Department is requesting authorization to enter into a Contract Agreement with Winding Hollow H.O.A. for the installation of upgraded streetlighting throughout the subdivision. PURPOSE: This agenda item is needed for the City Commission to approve the Neighborhood Street Lighting Improvement Agreement for Winding Hollow Homeowner's Association. CONSIDERATIONS: On March 28, 2005, the City Commission directed staff to draft an agreement addressing the details necessary for a Home Owner's Association (H.O.A.) within the City of Winter Springs to upgrade street lighting and street signage within the public rights of way. On May 9, 2005, the City Commission adopted, with mmor changes, the Neighborhood Street Sign and Light Improvement Agreement, which provides for any state registered mandatory Homeowner's Association in the City of Winter Springs to upgrade street lighting and street signage within the H.O.A. rights-of-way areas; as long as the requirements of the agreement document are continuously met. On October 21,2005, Mr. Greg Pike, the President of Winding Hollow Homeowner's Association, submitted a signed Neighborhood Street Light Improvement Agreement for upgrading street lighting throughout the Winding Hollow Subdivision; totaling 134 decorative Item 502- - November 14, 2005 streetlights. Additionally, Winding Hollow Homeowner's Association has also submitted a prepayment for the estimated up front construction costs in the amount of $21 ,028.00. Winding Hollow Homeowner's Association has committed to submitting advance deposits that will be held in escrow with the City for monthly rental, maintenance, energy, and gross receipts tax payments to Progress Energy. The City of Winter Springs' current monthly base streetlight rate is $10.32 per pole; which will continue to be paid by the City toward the total monthly rental, maintenance, and energy of the Winding Hollow project. FUNDING: Funding for this project will be provided by the Winding Hollow Homeowner's Association, as detailed above. RECOMMENDATION: Staff recommends the City Commission approve the Neighborhood Street Lighting Improvement Agreement for Winding Hollow Homeowner's Association. IMPLEMENTATION SCHEDULE: The project will be authorized immediately upon Commission approval with construction to begin as scheduled by Progress Energy. ATTACHMENTS: 1. Neighborhood Streetlighting Improvement Agreement 2. Progress Energy Lighting Solutions Proposal 3. Street Lighting Layout for Winding Hollow Boulevard 4. Vote Certification Affidavit 5. Up Front Costs Deposit COMMISSION ACTION: 2 A+tQ.ch~w1- 1:( f t , ) It{ / oj (Form 8/2005) NEIGHBORHOOD STREET SIGN AND LIGHT IMPROVEMENT AGREEMENT This Neighborhood Street Sign and Light Improvement Agreement ("Agreement") is made and entered into this _ day of , 2005, by and between the City of Winter Springs, Florida, a Florida municipal corporation ("City") and WI,JcCN~ -Hot low +\. O.Pt. . 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 ofthe citizens of Winter Sp'rings. 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 (Fonn 8/2005) names and other traffic symbols and/or language is written such as "stop" and speed limits. 2.3 ItStreet 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 $-10~/ 11)0, . The parties acknowledge that said baSe rate is subject to periodic adjustments by Progress Energy and the City of Winter Springs. Section 3. Scope of Project. The City and Association agree that the Association agree that the Association desires to purchase, install, maintain and operate the decorative street signs and street lights depicted and itemized in Exhibit "I." which is attached hereto and incorporated herein by this reference (the "Project"). The parties acknowledge that the decorative street signs must comply with the Florida Department of Transportation and City of Winter Springs' standards and the decorative street lights are provided by Progress Energy. Section 4. obligations: Association's ObIieations. The Association agrees to perform the following 4.1 Decorative Street Signs. The Association agrees to fully cooperate with the City to purchase, install, and maintain the decorative street signs required by the Project as follows: (A) The Association shall agree to pay the City's actual out-of-pocket cost of purchasing and installing the decorative street signs required to complete the Project, excluding the actual cost of the sign plates which will be the City's responsibility. (B) Prior to the City competitively bidding the decorative street sign component of the Project, the Association agrees to pay the City a deposit in the amount of ($ ) which represents at least fiftypercent (50%) ofthe estimated cost of the street sign component of the Project, excluding the estimated cost of the sign plates. (C) Within seven (7) days 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. (D) In the event any of the decorative street signs must be replaced or repaired due to damage, deterioration, or age, the Association agrees to pay the City the cost ofthe repairs or the cost Neighborhood Street Sign and Light Improvement Agreement City of Winter Springs Page 2 of 7 (Fonn 8/2005) of purchasing and installing the replacement decorative street signs. The Association's payment shall be made within thirty (30) days of receipt of written notice from the City and prior to the replacement. Notwithstanding, the City will be responsible for the repair or replacement of any damaged, deteriorated, or aged street sign plate. All other components ofthe street sign including, but not limited to, the foundation, framing, and pole will be the responsibility 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 of Five Thousand and noll 00 Dollars ($5,000.00) in the Sign Escrow Account. In the event the balance goes below $5,000.00, 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. . 4.2 Decorative Street Lights. 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 agree to pay the City the difference between the City's actual out- of-pocket cost of acquiring, installing, maintaining, and operating the decorative street lights required to complete the Project and the Street Light Base Rate. The parties acknowledge that said cost is currently itemized by Progress Energy on a monthly statement of service to the City and includes the cost of electric, equipment rental, maintenance, gross receipts tax, and other associated charges imposed by Progress Energy in accordance with law. (B) During the term ofthis Agreement, the Association agrees to maintain with the City a street light escrow account ("Street Light Escrow Account''). Within thirty (30) days of the effective date of this Agreement and by January I of each year subsequent to said effective date, the Association agrees to deposit in the Street Light Escrow Account an amount equal to the estimated actual cost of acquiring, installing, maintaining, and operating the decorative street lights for the upcoming calendar year. The first escrow payment, however, shall be based on the remainder of the current calendar year. So that the City is not required to up-front the Association's cost for the decorative street lights, the City reserves the right to increase the amount on deposit in the Street Light Escrow Account during the calendar year in the event that Progress Energy increases its monthly cost for the decorative street lights during any particular calendar year. In such cases, the Neighborhood Street Sign and Light Improvement Agreement City of Winter Springs Page 3 of 7 (Form 8/2005) City shall provide the Association with written notice and justification for the adjustment to the balance required to be on deposit in the Street Light Escrow Account and the Association shall increase the balance by making payment to the City within ten (10) days of receipt of said notice. Section 5. City's Obli1!ations. 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. The City agrees to also contribute to the acquisition, installation, maintenance, and operation of the decorative street lights in an amount equal to the Street Light Base Rate. 5.2 The City will competitively bid and award the decorative street sign component of the Project and the Street Sign Contract in accordance with the City's purchasing policies and procedures. 5.3 The City will be responsible for acquiring, installing, maintaining, and operating the decorative street lights. Further, the City will be responsible for remitting the Association's payment (held by the City in Street Light Escrow Account) and the Street Light Base Rate to Progress Energy in accordance with Progress Energy's monthly statement of service. Section 6. Title to Street Siens and Liehts. 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. Avolicable 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 A~reement: Headin~s. This Agreement contains the entire agreement between the parties as to the subject matter hereof. 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 there,under (e.g., 2.1). Neighborhood Street Sign and Light Improvement Agreement City of Winter Springs Page 4 of 7 (Pann 8/2005) 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. 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) Ifto 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: uJ;,Jd.iN~ "-\.ol\ow t.\c O.A. ~.O.(3o~ 'b~'l{'} A t~otvfJL SPrit'l~S , F C-.. 'J Z 7/6 - ;Z 1 'f? liD? - ,Jz.. 3Cff() (phone) '(p') .(,Jl.. OISf (Fax) c../ ~ ~ V : ~t Pr- C~lV\ 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 Rieht 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 Neighborhood Street Sign and Light Improvement Agreement City of Winter Springs Page 5 of 7 (Fonn 812005) relief) to enjoin the occurrence and condition of the breach. Further, in the event the Association fails to make the payments 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 ofthe 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. 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. WI ~~ fZ~~rl- Print Name 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 (Fonn 8/2005) STATE OF FLORIDA COUNTY OF S~U/AjOL J; The foregoing in'AOIll was acknowledged before me this lJ! day of !}~lf A' , 2005, by filJ:i7 (J,( Y j( E , who executed the foregoing instrument and acknowledged before me that he executed the same for the uses and purposes therein ~ and 0 who is personally known to me or 0 who has produced fI..t; ;(17) 11-:011 tlt:/5 as identification and who did not take an oath. (NOTARY SEAL) CAROL A, LALLATHIN Notary Public, State of Florida My comm,exp,'Apr, 28, 2007 Comm. No. DO 20654f1 ~_d ~.t#k~ No Public Sign re ~1flJ.- A fIJU,IT-f//AI Typed or Printed Notary Name STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this _ day of 2005, 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 Pr+fac4Il?t,.rr #'L 1111 t( , 0) Lighting Solutions Proposal Rev. 1 Rev. 2 Rev. 3 FPC Contact: Office: FAX: ... Progress Energy rmn..,a"t' Project Location Winding Hollow off SR 434, Winter S rill s Project ID: Project Summary 2/24/2004 8/5/2004 6/17/2005 10/14/2005 Gil DeFreitas 407-942-9489 407 -942-9350 1317200 Provide lighting alternative to existing 100 watt, HPS roadway fixtures on 30 ft concrete poles Contact Kipp Lockcuff Spot replace 106 existing locations Staggered spacing on Winding Hollow Blvd . Quantity Product Description Product per Required Fixtures and Poles unit Rental Sub Total 134 100 watt, HPS, Ocala fixture $11.11 $1,488.74 134 16 ft. Decorative concrete Victorian poles $9.98 $1,337.32 $0.00 Estimated Monthly Rental $2,826.06 Product Summary and Monthly estimate Total- Rent, Maintenance and Energy** $2,826.06 Price includes Estimated Up front costs (CrAC), if applicable $21,028.00 Maint & Energy cost ** excludes taxes and other associate charges Estimate is valid for 90 days ** this an estimate only. Actual costs will be calculated upon product selection and lighting design. LARGE PLANS AVAILABLE FOR VIEWING AT CITY HALL. ~ -t+o..c:.h M e..J t :ti: '-\ \\\Il.{lo$' , WINDING HOLLOW HOMEOWNERS ASSOCIATION, INC. VOTE CERTIFICATION AFFIDA VIT STATE OF FLORIDA COUNTY OF SEMINOLE. I" Chuck Oliver, LCAM, Community Manager of the Winding Hollow Homeowners Association, Inc. do hereby certify the following results of the homeowner vote to allow the Board of Directors to enter into a contract with the City of Winter Springs to replace the street lights in the Association with a more decorative style of lighting system. Owners voting in the affirmative were 160. Owners voting against the project were 15. Dated this 28th day of October, 2005 . (l~ Chuck Oliver, LCAM The foregoing Affidavit was acknowledged before me on this 28th day of October, 2005 by Chuck Oliver, who is personally known to me. . '-- $~"YPll~ KATHLEEN M. BOLLO ~~i~ :~'t COMMISSION # 00233577 , 'tWo ' . - '~PIRES: July 20, 2007 ,I .j.. "L Nc~wy Dlscounl Assoo. Cc if - ......".-. ,. --'~ ".' .......--........- - ~ -,..) Notary Public - Printed Name ! z UJ ~ <( 0 I- C! I- 0 . U N GO (f) 0 0 ~ ...... N i t I[) !:'2 .,.... N -.. 0 0 0 .,.... <( C! 0 0- CO 0 I- N" ex) Z a. N => .,.... ~ 0 N ...- t ~ ("1 .. <( .. t t t .. i (ij .. i - 0 .. I- ~ .. Z 0 C/') => C! 0:::: ~ 0 CO ~ N c:x: "'-' <( a. 0 0 .,.... UJ N :::c Cl u ~ 0 U 0 0 > 0 ... Z ~ "'-' -.. 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