HomeMy WebLinkAboutMount Greenwood Community Association, Inc. Neighborhood Street Sign and Light Improvement Agreement #2 2009 10 29 NEIGHBORHOOD STREET SIGN AND LIGHT
I MPROVEMENT AGREEMENT #2
This Neighborhood Street Sic, and Light Inyprovement Agreement
"Agreement is made and entered into this °ay of 0 r h, i 20.by and
between the City of Winter Springs, Florida, a Florida municipal corporation "City and Mt.
Greenwood Community 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 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
Form 02/09 Neighborhood Street Sign and Light Improvement Agreement
City of Winter Springs Mount Greenwood HOA #2)
Page 1 of 8
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 P3.52. 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 Protect. The City and the Association agree that this Agreement
may cover both decorative street signs and decorative street lights depending on what is specifically
set forth in Exhibit "1 The City and Association agree that the Association desires to purchase,
install, maintain and operate the decorative street signs and street lights depicted and itemized in
Exhibit "1", which is attached hereto and incorporated herein by this reference (the "Project The
parties acknowledge that if decorative street signs are installed, they must comply with the standards
of the Florida Department of Transportation and 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 Na 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
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 Mount Greenwood HOA #2)
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 rated
surety in the amount of ten percent (10 of the Street Sign Contract, or the advance purchase of
NA 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 4 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. Citv's Obligations. Subject to the Association's compliance with its payment
responsibilities set forth under this Agreement, the City agrees to perform the following obligations:
5.1 The City agrees to pay the cost of purchasing replacement Sign Plates required for
the Project.
5.2 The City will purchase replacement decorative street signs required by the Project
Form 02/09 Neighborhood Street Sign and Light Improvement Agreement
City of Winter Springs Mount Greenwood HOA #2)
Page 3 of 8
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. Severabilitv. 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
Statues, or any other limitation on the City's potential liability under state or federal law. Said rights
Form 02/09 Neighborhood Street Sign and Light Improvement Agreement
City of Winter Springs Mount Greenwood HOA #2)
Page 4 of 8
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:
Mt. Greenwood Community Association, Inc.
P.O. Box 677307
Orlando, FL 32867 -7307
407 681 -0394 (Phone)
407 681 -0395 (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. Citv'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
Form 02/09 Neighborhood Street Sign and Light Improvement Agreement
City of Winter Springs Mount Greenwood HOA (#2)
Page 5 of 8
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 attomeys' 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 Mount Greenwood HOA #2)
Page 6 of 8
WITNESSES: THE ASSOCIATION
By:
i!! `ice._: _e!. G
A7'
Print Name
1 .40 -arra 4 a
A1 D d kit) lG
Print Name
STATE OF FLORIDA_
COUNTY OF (M1 nr) le—
20� The fo going ins nt was ac ow edged before me this 42 1/day of CSC t"�
by _a_ g. a who executed the foregoing instrument and
acknowledged bef. me that he' xec the same for the uses urp therein expressed and
0 who is personally known to me or °who has produced L S as
identification and who did not a an ath.
(NOTARY SEAL)
L .......-.1
0 "ry Public Signature
yped or Printed Notary
ame
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norms NoayAwn.. ho
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Form 0249 Neighborhood Street Sign and Light Improvement Agreement
City of Winter Springs Mount Greenwood HOA #2)
Page 7 of 8
t
CITY OF WINTER SPRINGS,
8na.7 Fi'e(glr a Florida Municipal Co tton:
Print ame
BY:
a anager
ir st/I nl P. gat.Nel
'nt Name
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me this PilAday of Ja-k&
20A by alkl.1 L 4th. City Manager of Winter Springs, Florida, who is personally
known to me.
Now
�OT tary Public State of Florida 0.■
Andrea Lorenzo- Lua<;es
Notary is Signature
My C 1' 064334
4 0 0 5(092; :j I.: M U-& CA4
Typed or Printed Notary Name
Form 02/09 Neighborhood Street Sign and Light Improvement Agreement
City of Winter Springs Mount Greenwood HOA #2)
Page 8 of 8
Exhibit '1' NSSLIA;MtGreenwoodHOA: 2009
Mt, Greenwood Community Association, Inc
P.O. Box 677307, Orlando, Florida 32867 -7307
Telephone: 407 681 -0394 FAX: 407 681 -0395
August 6, 2009
Mr. Steve Richart
City of Winter Springs Florida
1126 East State Road 434
Winter Springs, FL 32708
Re: STREET LIGHT UPGRADES
Dear Steve:
The Board of Directors of Mt. Greenwood Community Association voted to upgrade
four (4) street lights in the community similar to the one done in 2008 at the entrance
on Hayes Road and Dolphin Road (except taller poles). We understand that there will
be costs involved in replacing the old style poles as well as recurring monthly costs
for the upgrade.
The locations of the poles are all on Dolphin Road I inspected the poles and
could not locate identifying numbers on the poles. The poles have been "marked"
with blue painter's tape and are noted at the following intersections below.
1. Dolphin Road Inglenook Circle southeast corner
2. Dolphin Road Woodreen Lane northeast corner
3. Dolphin Road Lancers Drive southeast corner
4. Dolphin Road Panorama Drive south side of Dolphin
If you have any questions or require additional information please contact my office.
Ray Spangler, the HOA President and or myself are available on this project. Looking
forward to working with you on this. Thanks for your time in this matter.
On behalf of the Board,
Jot r4Me6
Joe Frasca
Community Association Manager
Preferred Community Management, Inc.
,
Mt. Greenwood Community Association, Inc.
P.O. Box 677307, Orlando, Florida 32867 -7307
Telephone: 407- 681 -0394 Facsimile: 407- 681 -0395
October 27, 2009
City of Winter Springs
State Road 434
Winter Springs, FL 32708
Re: STREET LIGHTING UPGRADE
To Whom It May Concern:
Ray Spangler is the president of the homeowners association. The Board of Directors has
authorized him to sign on behalf of the Association the necessary documents required to
upgrade the street lighting in the subdivision.
On behalf of the Board of Directors
of Mt. Greenwood Community Association, Inc.,
Joe Frasca
Community Association Manager
Preferred Community Management, Inc.
RECIENVED
OCT 29 1099
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