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HomeMy WebLinkAbout2005 05 09 Regular 502, Lighting and Signage upgrade Requests By HOA's w/Public ROW COMMISSION AGENDA ITEM 502 Consent Informational Public Hearing Re X Mgr,~ I Dept ~ Authorization May 9, 2005 Regular Meeting REQUEST: City Manager requests the City Commission Consider a Streetlighting and Street Sign Agreement to address lighting and signage upgrade requests by HOA's with public rights of way. PURPOSE: This agenda item is needed for the City Commission to adopt a standard agreement to be used by HOA's that desire to upgrade the streetlighting and/or street signage in the public right of way at their expense. CONSIDERATIONS: On March 28,2005, the City Commission directed staff to draft an agreement addressing the financial arrangements necessary for a HOA to upgrade the public right of way streetlighting and lor signage. A draft of that agreement is attached. The key elements of the Street Sign portion are: . HOA pays 100% of the cost of the pole, frame, and installation. City provides the sign plates (street name, stop, speed limit, etc...) . HOA pays 50% prior to bidding. Balance due within 7 days of award of contract. . HOA funds a $5,000 maintenance account with the City for repairs, replacement, and added signs. The key elements of the Street Light portion are: . HOA pays the difference between the standard streetlight cost (concrete pole with cobra fixture) and the chosen upgrade including the difference in taxes and fees. . HOA to deposit with the City one years' worth of the estimated additional costs for the street lights and replenish the account on January 1 st of each year. When initiated, only funds for the balance of the calendar year will be required. Regular Agenda Item 502 May 9, 2005 Page 2 The agreement also provides for the City to have the option to create an assessment district to collect the necessary funds should the HOA fail to fulfill the financial obligations of the agreement. Presently our Urban Beautification Coordinator, Steve Richart, has had discussions with Glen Eagle, Highlands, Winding Hollow and Oak Forest Unit 8 about street lighting and/or street sign upgrades. If the agreement format is approved by the Commission. input from these HO A's will be solicited. FUNDING: No funding is required at this time. Budget adjustments to expenditure line codes will be necessary as individual agreements are submitted to the City Commission for approval although they will be offset by correlating revenues. RECOMMENDATION: It is recommended that the City Commission modify as it deems necessary and approve the draft agreement as a template for upgrading streetlighting and street sign in public rights of way by HOA' 5. ATTACHMENTS: 1. Neighborhood Street Sign and Light Improvement Agreement COMMISSION ACTION: OS0905 _ COMM_lWgular_502_ Streetlighting&Strect _Sign_Agre..ment Draft May 4, 2005 NEIGBlIORHOOD STREET SIGN AND LIGHT IMPROVEMENT AGJU!;EMENf Thl8 Neighborhood Street Sigo and Light Improvement Agreement C'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 . a Florida corporation ("Association''). WITNESSETH: WHEREAS, the Association is ahomeowner's association located within the CityofWinter Springs, Florida; and WHEREAS, the City currently provides the Association and its members with standard street signs and li.ghts located on Citystreets that traverse through therea1 propertywhich constitutes the Association; and WHEREAS, the Association has requested and the City desires to provide enhanced decorative street sigDB 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 of the citizens of Wmter Springs. NOWTBEREFORE, in oonsiderationofthemutual promises setforthhereunder, and other good and valuable consideration, which the parties acknowledge has been exchanged, the parties agree as follows: Seetion 1. ~itals. 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 francJrlse. Neighborhood Street Sign and Light L.uywvQIl.CIlt Agreement City of Winter Springs Page 1 of 7 2.2 "Sip 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 BlUe Rate" shaU mean the actual cost charged hy Progreas Energy to install, maintain, and operate a standard concrete pole and cobra fixture. Said costs include electric, equipment rental., maintenance, gross receipts tax, franchise fees and other associated charges imposed by Progress Energy in accordance with law. At the effective date of this Agreement, the StreetLightBaseRateis equalto$ . Thepartiesacknowledgethatsaidb8.'le rate is subject to periodie adjustments by Progress Energy and the City of Wmter Springs. Seetion 3. Scope of Project. The City and Association agree that the Association agree that the Association desires topurchase, install, maintain and operate the decorative street signs and street lights depicted and itemized in Exhibit "1." which is attached hereto andincorporated herein by this reference (the "Project''). The parties acknowledge that the decorstive atreet signs most comply with the Florida Department ofTransportstion and City of Winter Spriogs' standards and the decorative street lights are provided by Progreas Energy. Section 4. obligatiom:: Association's ObUptlons. The Association agrees to perfonn the following 4.1 Decq1YltiYe 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 Aasociation shaU agree to pay the City's actual out-of-poeket cost of purchasing and installing the d.ecomtive 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 leastfiftypercent(50%) of the 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 awardingthe contractforthe 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 tenninate 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 topaytheCitythe cost of the repairs orthe cost Neighborhood Street Sign and Light Improvement Agreement City of Winter Springs Page20f 7 ofpW'Chasing and installing the replacement decorative street signs. The Association's payment shaU be made within thirty (30) days of receipt of written notice from the City and prior to the replacement. Notwithatanding, the City will be responsible fur 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 tenn of this Agreement, the Association agrees to malntalo 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 no/IOO Dollars (55,000.00) 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 SignEscrow Accountmust be replenished to satigJythe balancerequiremeots of this Agreement. Upon receipt of said notice, the Association shaU 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 LigIW. The Association agrees to fully cooperate with the City to acquire, install, maIotain, and operate the decorative street lights required by the Proj ect 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 soid 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, franchise fees and other associated charges imposed by Progress Energy in accordance with law. (B) During the term of this Agreement, the Association agrees to maintain with the City a street light escrow account (''Streetlight Escrow Acconnf'). Within thirty(30) days of the effective date of this Agreement and by January 1 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, malntaloing, and operating the decorative street lights for the upcoming calendar year. The first escrow payment, however, shall be based on theremainder of the current calendar year. So that the City iB 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 City shall provide the Association with written notice and justification for the adjusbnent to the balance required to be on deposit in the Street Light Escrow Account and the Association shall Ne;ghborbood Street Sign and Light bnprovement Agreement City of Winter Springs Page 3 of 7 increase the balsnce by making psyment to the City within ten (10) days of receipt of .aid notice. Section S. City's Oblleatlons. Subject to the Association's compliance with its payment responsibilities set forth onder this Agreement, the City agrees toperform the followiag obligstions: 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 deeocative street lights in sn amoont equal to the Street Light Base Rate. 5.2 The City will competitively bid and award the decorative street sign component of the Projeet and the Street Sign Contract in accordance with the City'. purchasing policies and procedures. S.3 The City will be responsible for acquiring, installing, m::linrnining, and operating the decorative street ligh't5. Further, theCitywill beresponsiblc for remitting the Association's payment (held by the Cityin Street Light Escrow Account) and the Streetlight Base Rste to Progress Energy in accordance with Progress Energy's monthly statement of service. Section 6. Title to Street sUms and Ltehts. 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 As.ociation shall bave no property interest in the decorative street signs and streetlights. Section 7. AODlieable Law: Venue. This Agreement shall be governed by and construed in accordance with 1he laws of the State ofFIorida and the Winter Springs Code. The parties agree that venue shall be exclusivelywitbin 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. EntireAveemen.t:. R"Adin~$. 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 arenot to be construedas part of this Agreem.ent. All references to whole paragraph numbers (e.g. 2) shall include all subpm:agraphs thereunder (e.g., 2.1). Section 10. SeverabDity. H 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 onconditioualrightto eitherterminstethisAgreement, modifYthis Agreementwith the Association's consent. or remain in the Agreement as modified by the court. Neighborhood Street Sign and Light Improvement Agreement City of Winter Springs Page40f 7 Section 11. SOVerei2D Immunitv. 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 coxmection with this Agreement must be in writing. Notice and correspondence shall be sent by first class mail or band 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:: Mr. Rouald 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 (pax) (b) -Ifto Assoeiation: _-_-_(Phone) _-_-_CFax) Sectlon 13. Waiver Any forbearance by the Cityin exercising anyright or remedy under this Agreement shall not constitute a waiver of or preclude the exercise of any right or remedy. ~on 14. City's Rimt to Seek Euuitable Relief and Special Assessment. The Association agrees, acknowledges and recognizes that any breach of this Agreement by the Association may resolt in irreparable harm tc the City. The Association agrees that in addition tc and not in lien of all legal and equitable remedies available to City by reason of socb breach, City shall be entitled to equitablerelief(ineluding, without limitation, specificperfonnance and injunctive 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 of the Aasociation. In tbe event that the City determines that the Association has not made the payments required by this Agreement, the City reserves the WlCOnditional 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 institute an assessment. the Association agrees to fully support the assessment and the Neigbborllood ~'treet Sigo and Ligbt lmproveroeol Agreement City of Winter Springs Page 5 of 7 Association shall not contest, challenge or intervene in the assessment process. Seetlon 15. Attornevs Fees. The prevailing party in any litigation arising under this Agreement shall be entitled torecoveritsreasonable attorneys' and paralegal fees and costs, whether incurred at trial or appeal. IN WITNESS WHEREOF, the parties have executed thi, Agreement as of the date first written above. WITNESSES: THE ASSOCIATION By: Print Name Print Name CITY: CITY OF WINTER SPRINGS, a Florida Mnnicipal Corporation: Print Name By: Ronald W. MeLemore, City Manager Print Name STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this _ day of 2005, by . who executed the foregoing instrument and acknowledged before me that he executed the same for the uses and purposes therein expressed and D who is personally known to me or 0 who has produced as identification Neighborhood Street Sign and Light Improvement Agreement City of Winter Springs Page60f 7 and who did not take an oath. (NOTARY SEAL) Notary Public Sigoature 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 ManagerofWinter Sprinl;', Florida. who ispcrsonally 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