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HomeMy WebLinkAbout2014 03 24 Consent 301 NSSLIA Meritage Homes-Seven Oaks COMMISSION AGENDA Informational Consent X ITEM 301 public Hearings g Regular March 24, 2014 KS RS Regular Meeting City Manager Department REQUEST: The Community Development Department, Urban Beautification Services Division, is requesting that the City Commission consider a Neighborhood Street Sign and Light Improvement Agreement(NSSLIA)with Meritage Homes for the Seven Oaks Subdivision. SYNOPSIS: During the subdivision planning and review process, Meritage Homes (Developer/HOA) approached City staff with the desire to install upgraded street lights along public roadways within the Seven Oaks Subdivision. The developer worked with Duke Energy to design a reasonable street light layout that meets or exceeds minimum roadway lighting standards of the City of Winter Springs for the community. A total of thirty-six (36) decorative street lights were specified by Duke Energy to be installed on public roadways within the subdivision. The NSSLIA for Seven Oaks, found in Attachment 'A' of this agenda item, defines the ongoing responsibilities of both City and Developer (HOA) as related to decorative street lighting located along public roadways within the Subdivision. CONSIDERATIONS: Meritage Homes will install the following Decorative Street Lights in the City Right-of- Way along roadways within the Seven Oaks Subdivision as part of the project: Consent 301 PAGE 1 OF 3- March 24,2014 Decorative Street Lights/Poles: (36) 100w UPS Biscayne Fixtures -L95 (3 6) 16' Colonial Single Poles -PLBC16BS Under the NSSLIA, the City will be required to reimburse the Developer/HOA the cost of the City Standard Base Rate, currently $13.70 per month times thirty-six (36) street lights, payable on a quarterly basis. These street lights are being leased from Duke Energy by Meritage Homes on behalf of the Seven Oaks HOA as a public safety and beautification benefit. The City is granting reimbursement of the monthly base rate to the Developer/HOA based on the need for the City to provide adequate street light coverage along public roadways. FISCAL IMPACT: Street lights installed to service public roads within the Seven Oaks Subdivision will impact the General Fund by $5,918.40 (at the current base rate of $13.70 per pole). This amount represents a recurring expense and will vary based upon base rates established annually by Duke Energy. The street light expenditure will be offset by Ad Valorem Tax Revenue generated from homes added to this subdivision; however, not all homes will yield tax revenue in the same fiscal year as the expense occurs, based on when specific homes are purchased and added to the tax rolls by Seminole County. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends that the City Commission review and approve the Neighborhood Street Sign and Light Improvement Agreement (Attachment 'A') with Meritage Homes (Developer/HOA)for the Seven Oaks Subdivision. Consent 301 PAGE 2 OF 3- March 24,2014 ATTACHMENTS: A) Neighborhood Street Sign and Light Improvement Agreement (NSSLIA) - Meritage Homes (Seven Oaks Subdivision) Consent 301 PAGE 3 OF 3- March 24,2014 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 , 2014, by and between the City of Winter Springs, a Florida municipal corporation ("City"), and Meritage Homes of Florida, Inc., a Florida Corporation ("Developer"). WITNESSETH: WHEREAS, Developer is the developer of Seven Oaks, located within the City of Winter Springs, Florida ("Development"); and WHEREAS, the City generally provides standard street signs and standard street lights located on City streets that traverse through the real property which constitutes the Development; and WHEREAS, Developer and the City desire to provide enhanced decorative street signs and decorative street lights at the Developer'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 Developer, the property owners in the Development, 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 "Duke Energy" shall mean Duke 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. 2.3 "Street Light Base Rate" shall mean the actual cost charged by Duke Energy to maintain and operate a standard concrete pole and cobra fixture. Said costs include electric, Form 04/12 Neighborhood Street Sign and Light Improvement Agreement City of Winter Springs— Seven Oaks 2014 Page 1 of 7 equipment rental, maintenance, gross receipts tax and other associated charges imposed by Duke Energy in accordance with law. At the effective date of this Agreement, the Street Light Base Rate is equal to $13.70. The parties acknowledge that said base rate is subject to periodic adjustments by Duke Energy and the City of Winter Springs. Section 3. Scope of Proiect. The City and Developer 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 Developer agree that Developer 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 Manual of Uniform Traffic Control Devices, latest edition, and the City of Winter Springs, and if decorative street lights are installed, they must be provided by Duke Energy and approved by the City of Winter Springs. Section 4. Developer's Obligations. Developer agrees to perform the following obligations: 4.1 Deeor-ativeStr-eetSkn& To the e�Eteat that deear-ati.- ­.-­.,,Hs are paft of this- "I". D&,,elepef agrees te f6lly eeeper-ate with the City te (A) Developer- agrees to ptir-ehase and install the deear-ativ, -.,,.as r-equir-ed installing the feplaeefneat deear-ative st._ signs. Asseeiation's pa-yfneat shall be made withmi Na:�Withstafldiflg, fell the City will be responsible for- the repair- of feplaeefn ef any damaged, detefiof_A*,ked_, Aef aged street sign plate. All ether- eempenents ef the street sigft A „t; r signs in an afnatint equal to ten pefeent (100%) of the total atiffibef of signs r-equir-ed by this Agreement. Stiek inventefy shall be stefed with the City and shall be tised fer-fittefe sign fepaifs and feplaeefneat for- the Development. The City shall ha-,�e the right, to fepaff Of feplaee any the City deter-mines are needed for-tfaffie safe� pir n the Development. in. that a stfeet sign intist be feplaeed, fepaifed, ef added and Develepef has failed to Form 04/12 Neighborhood Street Sign and Light Improvement Agreement City of Winter Springs- Seven Oaks 2014 Page 2 of 7 right 4.2 Decorative Street Lights. To the extent that decorative street lights are part of this Agreement as provided on Exhibit "1", Developer agrees to fully cooperate with the City to acquire, install, maintain, and operate 36 decorative street lights required by the Project as follows: (A) Developer shall assume the full responsibility of maintaining the Duke Energy invoice for all of the street lights covered by the Project, including having the account placed in the name of Developer and making prompt and timely payments on said account. Upon turn- over to the Homeowners' or Community Association consistent with Section 7 of this Agreement, said Association shall assume responsibility for the street lights and have the account placed in its name. (B) Developer shall be responsible for promptly reporting all broken or damaged street lights directly to Duke Energy. The City reserves the right to do the same in the event that Developer fails in said reporting responsibilities. Section 5. City's Obligations. Subject to Developer's compliance with its payment responsibilities set forth under this Agreement, the City agrees to perform the following obligations: 5.1 Following turn-over pursuant to Section 7 of this Agreement, the City agrees to pay the cost of purchasing replacement Sign Plates required for maintenance of the Project. 5.2 The City will assist Developer in coordinating with Duke Energy to acquire and install the decorative street lights. Conditioned upon completion of each of the following: (i) installation and the establishment of an account with Duke Energy; (ii) at least 75% of the homes being occupied by private owners; and (iii) all common areas being built to 100% completion, the City agrees to reimburse the Developer 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 not be obligated to reimburse Developer until each of the preceding conditions is met. 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 Developer 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 Developer's street light plan into conformance with Duke Energy's standard photometric requirements. Further, reimbursement shall only be made for those street lights that are operational and only where Developer has provided to the City proof of payment. Form 04/12 Neighborhood Street Sign and Light Improvement Agreement City of Winter Springs— Seven Oaks 2014 Page 3 of 7 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 Duke Energy. Developer shall have no property interest in the decorative street signs and street lights. Section 7. Assignment of Agreement. Upon Developer's 100% completion of the Development (no onsite construction occurring or equipment remaining) and turn-over to the Development's Homeowners' or Community Association ("Association"), Developer shall assign this Agreement to the Association and the Association shall be responsible for the Developer's obligations and commitments contained herein. Section 8. 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 9. 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 10. 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 11. 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 terminate this Agreement, modify this Agreement with the Association's consent, or remain in the Agreement as modified by the court. Section 12. 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. Said rights and limitations shall be deemed fully incorporated herein by this reference. Section 13. 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. Form 04/12 Neighborhood Street Sign and Light Improvement Agreement City of Winter Springs— Seven Oaks 2014 Page 4 of 7 (a) If to the City: City Manager City of Winter Springs 1126 East State Road 434 Winter Springs, FL 32708-2799 407-327-5976 (Phone) (b) If to Developer: Meritage Homes of Florida, Inc. Attn: Clint Szubinski, Div. President 5337 Millenia Lake Blvd. #410 Orlando, FL 32839 407-712-8664 (Phone) With a copy to: Meritage Homes of Florida, Inc. Attn: Regional Counsel 17851 N. 85th Street, Suite 300 Scottsdale, AZ 85255 480-515-8008 (Phone) Section 14. 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 15. City's Right to Seek Equitable Relief and Special Assessment. Developer agrees, acknowledges and recognizes that any breach of this Agreement by Developer may result in irreparable harm to the City. Developer 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 Developer fails to make any payments that are required herein, Developer 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 property owners within the Development. In the event that the City determines that Developer has not made the payments required by this Agreement, the City reserves the unconditional right to assess Developer and the Development's individual property owners for Developer's costs for the decorative street signs and street lights. In the event the City is required to initiate an assessment, Developer agrees to fully support the assessment and Developer shall not contest, challenge or intervene in the assessment process. Form 04/12 Neighborhood Street Sign and Light Improvement Agreement City of Winter Springs— Seven Oaks 2014 Page 5 of 7 Further, in the event that Developer defaults on any street light account with Duke 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 16. 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: DEVELOPER MERITAGE HOMES OF FLORIDA, INC., a Florida Corporation: Print Name Clint Szubinski, Division President Print Name STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 , by Clint Szubinski, in his capacity as Division President of Meritage Homes of Florida, Inc., a (Florida) Corporation, and ❑ who is personally known to me or ❑ who has produced a Florida Driver's License as identification and who did not take an oath. (NOTARY SEAL) Notary Public Signature Typed or Printed Notary Name Form 04/12 Neighborhood Street Sign and Light Improvement Agreement City of Winter Springs— Seven Oaks 2014 Page 6 of 7 CITY OF WINTER SPRINGS, a Florida Municipal Corporation: Print Name Kevin L. Smith, 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 04/12 Neighborhood Street Sign and Light Improvement Agreement City of Winter Springs— Seven Oaks 2014 Page 7 of 7 Exhibit '1' tl DUKE F E k'" Lighting Proposal DE Contact: DEREK CARR WR 541 403 Address: 2801 W S.R 426 Oviedo, FI 32765 September 30, 2013 Phone. 407-359-4824 Project Details Scope of Request Customer: MERITAGE HOMES INSTALLATION OF 36 NEW STREET LIGHTS WITHIN SEVEN OAKS SUBDVISION Account: 9202700417 Site: SEVEN OAKS SUBDIVISION Contact: DANTE FRAIEGARI Phone: 407-571-0951 Per Unit Quantity Product Description Fuel& Unit Sub-Total Required Fixtures and Poles Rental Maint. Energy Total 36 10OW HIPS BISCAYNE L95 $14.17 $1.72 $3.03 $18.92 $681.12 36 16' COLONIAL SINGLE PLBC16BS $8.99 $0.00 $0,00 $8.99 $323.64 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Rental,Maintenance,F&E Totals: $833.76 1 $61.92 1 $109.08 Project Estimated Monthly Rental $1,004.76 Summary t Deposit $2,010.00 Estimates valid for 30 days and subject to change. Totals {- CIAC $22,363.62 Estimated Monthly Rental excludes applicable taxes, franchise fees and any customer charges. t Deposit- The required deposit(applied separately to your lighting bill)will equal approximately two months of the monthly rental bill, but no less than$25.00 and subject to change upon review of the account's existing deposit. CIAC - The invoice for the Contribution in Aid of Construction will be mailed to you separately upon approval of this proposal and payment is due before the work can be released to scheduling of construction. In order for us to proceed with the above proposed lighting design we will need an authorized signature on this proposal and any other required documents enclosed. Do not remit payment with this form and do not fax. Return these signed documents to the mailing address above or email the color scanned PDF if instructed. The CIAC charge is subject to change after 30 days or in the event you request or cause any changes to this proposal. Duke Energy will call for locate of all public facilities.Any customer owned utilites would need to be located and marked at your expense If any or all of these lighting facilities will eventually be submitted to a governmental agency for inclusion into a taxing district,MSTU or MSBU special assessment program,please verity 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 Contract wilt remain responsible for payment Thook you for your lighting request. We took forward to working with you on this project. Authorized Signature Date (Please sign and date to approve this proposal and return to the mailing address above) t,•� DUKE � ENERGY® Duke Energy St. Petersburg, Florida September 30, 2013 INVOICE MERITAGE HOMES OF FL INC Please mail remittance and signed copy ATTN: DANTE FRAIEGARI of Invoice to: 5337 MILLENIA LAKES BLVD Duke Fnergy Florida, Inc STE 160 Attn: CIAC Central BAY72 ORLANDO FL 32839 P.O. Box 14042 St. Petersburg, FL 33733 Service Address: _ Account Number: 000 SHEPARD RD LITE, 07520-90430 WINTER SPRINGS FL 32708 WMIS WR Number: 551403 Work Description: SEVEN OAKS SUBDIVISION - STREETLIGHTS CIAC Due: $22,363 62 This invoice reflects Contribution in Aid of Construction (CIAC) for the above referenced work. Agreement: The customer acknowledges receipt of invoice cover letter and further understands Customer is responsible for removing all obstructions from the route along which the Company's facilities are to be installed. Company shall not be responsible for any damage to shrubs, trees, grass, sod or any other foliage or property caused by the Company's equipment during installation of the Company's facilities. In addition, the Company shall not be responsible for the repair or replacement of underground facilities on the Customer's property damaged during the installation of the Company facilities, unless, prior to the Company's construction, the owner of the facilities clearly identified and marked the location of such facilities pursuant to any applicable statutory requirements concerning underground facility damage prevention. The undersigned hereby authorizes Duke Energy to perform this work with necessary labor, facilities and equipment and acknowledges the Invoice amount becomes invalid if the signed agreement is not received by Duke Energy on or before 30 days from the date of this invoice. 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