HomeMy WebLinkAbout2009 02 23 Consent 205 Winding Hollow Decorative Street SignsCOMMISSION AGENDA
CONSENT X
INFORMATIONAL
ITEM ~ Q S PUBLIC HEARING
REGULAR
February 23, 2009
Meeting
MGR /DEPT
Authorizatio
REQUEST: The Community Development Department, Urban Beautification Services
Division, is requesting authorization for the City to enter into a contract
agreement with Winding Hollow H.O.A. for the installation of up to thirty-four
(34) decorative street signs located throughout the Winding Hollow Subdivision.
PURPOSE: This agenda item is needed for the City Commission to approve an upgrade to
decorative street signs along the public roadways throughout Winding Hollow using
the Neighborhood Street Sign and Light Improvement Agreement (NSSLIA),
which has been revised in January 2009 by the City Attorney's Office.
CONSIDERATIONS:
On December 8, 2008, at a regular City Commission Meeting, Mark Johnson
of Winding Hollow HOA communicated his association's interest in installing decorative
street signs along public streets throughout the Winding Hollow Subdivision. At the same
time, Mr. Johnson voiced a concern regarding the sign repair escrow requirement of the
NSSLIA, which is currently twenty five percent (25%) of the project value. Mr. Johnson
requested the Commission to reconsider the amount of escrow requirement, as it would
represent a financial hardship to the Winding Hollow Community. The Commission then
requested the issue be brought back at a later date as a regular agenda item.
On January 12, 2009, at a regular City Commission Meeting, Staff presented
Agenda Item 602 requesting the Commission to review the current street sign repair escrow
requirement of the NSSLIA and determine if a change would be necessary in the amount of
funding held in escrow by the City. After discussion, the Commission requested the City
Attorney revise the NSSLIA to allow the Winding Hollow HOA the following options:
• Payment Bond - A payment bond would be issued from a highly rated surety in the
amount of ten percent (10%) of the project value.
• Letter of Credit - A letter of credit would be issued from a solvent bank with a
branch office located in the Central Florida Area, in the amount of ten percent (10%)
of the project value.
City Staff has met with representatives of Winding Hollow HOA to discuss the
revised NSSLIA and it has been confirmed to be acceptable.
FUNDING:
Funding for this project will be primarily provided by Winding Hollow HOA,
with the City being responsible only for the cost of sign plate `blanks' for each street sign.
RECOMMENDATION:
Staff recommends the City Commission approve execution of the revised
NSSLIA with Winding Hollow HOA for installation of up to thirty-four (34) decorative street
signs, located along public roadways within the Winding Hollow Subdivision, as per
Attachment `A'.
IMPLEMENTATION SCHEDULE:
The project will begin upon approval by the City Commission, once a suitable
bid for construction has been accepted and all agreements have been executed by the
appropriate parties.
ATTACHMENTS:
A. Winding Hollow NSSLIA -Decorative Street Signs (1 Exhibit)
COMMISSION ACTION:
~fit~ch~e ~~ :~ 1
NEIGHBORHOOD STREET SIGN AND LIGHT
IMPROVEMENT AGREEMENT
This Neighborhood Street Sign and Light Improvement Agreement ("Agreement") is
made and entered into this day of , 2009, by and between the City
of Winter Springs, Florida, a Florida municipal corporation ("City") and Winding Hollow
Homeowner's 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 faceplate of the street sign on which street
names and other traffic symbols and/or language is written such as "stop" and speed limits.
Form Ol/09 Neighborhood Street Sign and Light Improvement Agreement
City of Winter Springs -Winding Hollow Signs
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 N/A. The parties acknowledge that said base rate is subject to
periodic adjustments by Progress Energy and the City of Winter Springs.
Section 3. Scone of Project. The City and the Association agree that this Agreement
may cover both decorative street signs and decorative street lights depending on what is
specifically set forth in Exhibit "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 ObliEations. 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 34 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 Twentv Thousand-
Ei~ht Hundred Dollars ($20,800) 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
Form 01/09 Neighborhood Street Sign and Light Improvement Agreement
City of Winter Springs -Winding Hollow Signs
Page 2 of 8
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
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 or a payment bond issued from a highly
rated surety in the amount of ten percent (10%) of the Street Sign Contract. 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. 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 (IS) 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, 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 N/A 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:
Form of/09 Neighborhood Street Sign and Light Improvement Agreement
City of Winter Springs -Winding Hollow Signs
Page 3 of 8
5.1 The City agrees to pay the cost of purchasing replacement Sign Plates required
for the Project.
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 SIEnS 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
Form of/09 Neighborhood Street Sign and Light Improvement Agreement
City of Winter Springs -Winding Hollow Signs
Page 4 of 8
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
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.
If to the City:
City Manager
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708-2799
407-327-5976 (Phone)
407-327-6695 (Fax)
If to Association:
Winding Hollow Homeowner's Association, Inc.
P.O. Box 162147
Altamonte Springs, FL 32716
407-682-3443 (Phone)
407-682-0181 (Fax)
Section 13. Waiver Any forbearance by the City in exercising any right or remedy
under this Agreement shall not constitute a waiver of or preclude the exercise of any right or
remedy.
Section 14. City's Right to Seek Equitable Relief and Special Assessment The
Association agrees, acknowledges and recognizes that any breach of this Agreement by the
Association may result in irreparable harm to the City. The Association agrees that in addition to
and not in lieu of all legal and equitable remedies available to City by reason of such breach,
City shall be entitled to equitable relief (including, without limitation, specific performance and
injunctive relief) to enjoin the occurrence and condition of the breach. Further, in the event the
Association fails to make any payments that are required herein, the Association acknowledges
and agrees that the decorative street signs and street lights provide a special benefit to the
Form 01/09 Neighborhood Street Sign and Light Improvement Agreement
City of Winter Springs -Winding Hollow Signs
Page 5 of 8
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 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 01/09 Neighborhood Street Sign and Light Improvement Agreement
City of Winter Springs -Winding Hollow Signs
Page 6 of 8
WITNESSES:
Print Name
Print Name
STATE OF FLORIDA
COUNTY OF
By:
THE ASSOCIATION
HOA President
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 01/09 Neighborhood Street Sign and Light Improvement Agreement
City of Winter Springs -Winding Hollow Signs
Page 7 of 8
Print Name
Print Name
STATE OF FLORIDA
COUNTY OF SEMINOLE
CITY OF WINTER SPRINGS,
a Florida Municipal Corporation:
By:
City Manager
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 01/09 Neighborhood Street Sign and Light Improvement Agreement
City of Winter Springs -Winding Hollow Signs
Page 8 of 8
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NEIGHBORHOOD STREET SIGN AND LIGHT
IMPROVEMENT AGREEMENT
This Neighborhood Street Sign and Light Improvement Agreement ("Agreement") is
made and entered into this ' t" day of 2Qt 9,, by and between the City of
Winter Springs, Florida, a Florida municipal corporation ("City") and Winding Hollow
Homeowner's 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.
2.3 "Street Light Base Rate" shall mean the actual cost charged by Progress Energy to
Forth 02/09 Neighborhood Street Sign and Light Improvement Agreement
City of Winter Springs - Winding Hollow HOA Signs
Page 1 of 8
V
t
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 $ N/A. 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 "I", the Association agrees to fully cooperate with the City to
purchase, install, and maintain 34 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 Twenty Thousand-Eight
Hundred Dollars ($20,800) 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
replacement. Notwithstanding, the City will be responsible for the repair or replacement of any
Form 02/09 Neighborhood Street Sign and Light Improvement Agreement
City of Winter Springs - Winding Hollow HOA Signs
Page 2 of 8
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 rate
surety in the amount often percent (10%) of the Street Sign Contract, or the advance purchase _
complete decorative street signs which will be stored as inventory by the City for future sign repai
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 N/A 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 - Winding Hollow HOA Signs
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
Form 02/09 Neighborhood Street Sign and Light Improvement Agreement
City of Winter Springs - Winding Hollow HOA Signs
Page 4 of 8
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 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
407-327-5976 (Phone)
407-327-6695(Fax)
(b) If to Association:
Winding Hollow Homeowner's Association, Inc.
P.O. Box 162147
Altamonte Springs, FL 32716
407-682-3443 (Phone)
407-682-0181 (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 Rizht 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
Form 02/09 Neighborhood Street Sign and Light Improvement Agreement
City of Winter Springs - Winding Hollow HOA Signs
Page 5 of 8
KY
the City is required to initiate an assessment, the Association agrees to fully support the assessment
and the Association shall not contest, challenge or intervene in the assessment process. Further, in
the event that the Association defaults on any street light account with Progress Energy which is
covered by this Agreement, the City shall also, at its sole discretion, have the right to transfer said
accounts into the City's name and thereby assume all the rights afforded an account holder.
Section 15. Attorneys Fees. The prevailing party in any litigation arising under this
Agreement shall be entitled to recover its reasonable attorneys' and paralegal fees and costs, whether
incurred at trial or appeal.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
written above.
[Signature Page Follows]
Form 02/09 Neighborhood Street Sign and Light Improvement Agreement
City of Winter Springs - Winding Hollow HOA Signs
Page 6 of 8
WITNESSES:
Pm n f. N Lw
Print Name
ld.4 K' IT
Print Name
By:
STATE OF FLORIDA
COUNTY OF.:57er'w-*31_
The foregoing instrument was wledged before me thisy of
1'U?N 200' I? , by (Viq ? , J0 DYE who executed the foregoing
instrument and acknowledged before me that he executed the same for the uses and purposes
therein expressed and X who is personally known to me or ? who has produced
as identification and who did not take an oath.
(NOTARY SEAL)
p'"r Jule ! Boudreau
• My 6omminion 00141M
Expires August 1 a, M
Not Public Signature
Sy lt-t L . ?????.c
Typed or Printed Notary Name
Form 01/09 Neighborhood Street Sign and Light Improvement Agreement
City of Winter Springs - Winding Hollow Signs
Page 7 of 9
?
6
Print Name
Print Name
STATE OF FLORIDA
COUNTY OF SEMINOLE
CITY OF WINTER SPRING-9,
a Florida Municipal CorQora ' n:
By:
City Ma r
The foregoing instrument was acknowledged before me this day of
JlG t L' ?j ,
20_!Lq, by /?el/in City Manager of Winter Springs, Florida, who is personally
known to me.
(NOTARY SEAL)
qaY Pu Notary Public Stat? a
? Joan L Brown
e` My Commission DD768883
oa` Expires0311812?'i2
tary Public Signature
JOa-v, ?- &-Q w.k
Typed or Printed Notary Name
Form 01/09 Neighborhood Street Sign and Light Improvement Agreement
City of Winter Springs - Winding Hollow Signs
Page 8 of 9
Y ?
I t
46 - Slrec.t,Names Sign
- Speed Li r;i1 Sign