HomeMy WebLinkAboutHighlands Homeowners Association, Inc. Neighborhood Street Sign And Light Improvement Agreement -2010 02 24NEIGH130RHOOD STREET SIGN AND LIGHT
IMW AGREEMENT
This Neighborhood Street Sign and Light. Improvement Agreement
("Agreement") is =de and entered into this day of Le 20 by and
between the City of Winter Springs, Florida, a Florida munic'pal corpo tiott "City and
Highlands Homeowners Assoclatimi, Inc., (Developer), a Florida corporation ssoeiation" .
WHEREAS, the Association is a cAommunity or cme wn r'a Association tooated rich n the
City of Winter S, Florida; and
w REA$, 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 propel wbi h
constitutes the Aociation; sad
WR RE. S, the Association and the City desim to rovid enhanc d decorative street s ilm
aid decorative street lights at the Association's expewo under the terms aid conditions herein and
WHEREAS, the parties acknowledge that this agr cmcnt will improve the aesthetic
appea nce of the City's streets peril ' for benefit and enjoyment of the Association and its
members and incidentally to the rest of the ciumns of Winter :Sp,ri ,
NOW THEREF RIE, in consideration of the mutual promt es set forth hereuiader, and other
good and valuable coasideration, which the parties acknowledge has been exc ang d, the parties
agree as follows:
Section 1. keeitals, The foregoing r ciuls are true and correct and are hereby
incorporated h rem' as a matenkfl part of this Agreement.
Section 2. a nitions, The following words and phrases used herein sJWl have tho
following m at =*g %mess the c me t clearly indicates other :
2. 'Trogress Energy 71 shall mean Progress Energy and any successor and assign to the
City's electric franchise,
12 "Si late" shad mean the meth face plate of the street sign on which street
yes and other tmffie symbols and/or language is written such as "stop" and speed limits_
" 'Street Light Base Rate" shall mean the &MW & t cost charged by Progress Energy to
form 02109 Neighbqrhood Street Sign and Light Improvement Agreement
City of Winter Springs — 'The highlands HOA
Wage t of
maintain and operate a standard concrete pole and cobra fixture. Said costs include electric,
equipment rental, mai.nt n nce, gross receipts tai and other associated urges imposed by Progress
Energy in acoordance. with lam'. At the effective date of this Agreement, the Sheet Light Base Rate
is equal to 14.02_ The parties acknowledge that said base rate is subject to periodic adjustments by
Progress Energy and the City of Winter Sphngs.
Section 3. Leo a of Pro . 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 "I ". The City and Association agree that the Association desires to purohase,
install, maintain and operate the decorative street signs and streei lights depicted axed itemized itk
Exhibit 1 ", 'which is attached hereto and incorporated herein by this reference (the "P ro, cef ), The
pies acknowledge that if doeorative street signs are insta cd, they must comply with the standards
of the Florida Dwartment of Transportation and the City of Winter Sprigs, and if decorative street
lights are ins it d, they must be provided by Pmgress Energy and approved by the City of winter
Springs.
section 4. Associatiou's Obligation The Association agrees to perfonn the followin
obligations
4.1 Decorative Street Sigmi, —Not Applicable— To the extent that decorative street
signs are part of Us Agreement as provided on Exhibit "I", the Association agrees to fly
cooperate with the City to purchase, iw tall, and maintain (NLA
decorative street signs required by
the Project as foUo s
(A) The Association shall agree to pay the City's actwl out-of-pocket cost ofpurchasing 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 agree to provide the City with a deposit in the amount of Dollars which
represents a minimum of ono hundred percent (100%) of the esfiimtod cost of the street sign
component of the Project, excluding the cast of sign plates,
W ithin 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
A. sooiation shy pay the City any r=aining amount that is due umder the Street Sign Contract, if
any, less the deposit aad excluding the cost of the sign plates. The City - reserves the right to
terminath the Street Sign Contract should the Association fail to make said. payment.
( D ) In the event any of the decorative street signs rust be rep1wed or repaired due to
damage, deterioration, or age, the Association agrees to pay the City the cost of the ropairs or the
cost ofpurch sing andimtalling the replacement decorative street sigm. The Association "s patent
shalt be made `t r'ithin fla in r 0 clays of receipt of vnitten notice f - oxn the Choy and prior to the
Fonn 02109 Neighborhood Street Sign and Light Improvement ,,agreement
City of Winter Springs — Tho Highlands HOA
Page
replacement. Notwithstanding,, the City will be responsible for the rep air or rep lace m e n t ent of a
damaged, deteriorated, or a cd street sign pf at . All other components ofthe street si i�nc lnd .
but not limited to, the foundation, framing, an p ole will b the responsibility of th e Association.
(E) D uring the term of this Agr etnent, the Association agrees to maintain with the C
ecurity for the post o labor and maten
'als for future sign repai and replac At the
Association's election, the s ec uri ty shah be in the form of a letter o credit issued from a solvent
band with a bramch office in the Central Florida area, a payment bond issued from a highly rated
su rety m the amount of t en p acent G % of the Street Sign Contract, or the advance purchase of
N/A deco ti e street signs which will be stored as inV=thry by the City for future stgn repairs an
replacement, If elected, said bad or surety, and tho form of the lett of credit o bond, shall be
subject to the City's approval prior to i-q9tiaoce, The City preserves the right to periodically 4ust the
require amount o f the letter of c redit or bond for inflation or require additional a.d =ce purchases
of decorative street signs to replace depleted inventory. In the event the letter of credit or bond is
not replaced upon expiration, the Ci s hall notify the Association in writing that the lettor of credit
or bond must b replaced to satisfy the roquwments of th is Agreement. Upon receipt of said not
tht Association shall have fifteen 1 days in which to r eplace the letter of credit or bor:d. Th C
shall have the right to call the lett of credit or b on d to rep or re any s sign req uired b
i s Agreement or to purchase and inst Ll any additional docor ►tive street signs that the i
determines � g
es are needed for traffic safety wpos tl the As prop. In the event that
suet sign must be replaced, repaired, or a dded and the Associati has failed to maintain the letter
ofcredit or bond or maintain an inventory of replacement decorative street signs, the City shad lave
the unconditional right to w4ke said reps, replacement, or addition Using a standard non-
decorati Street si an reco the actual cost th ereo f fr the Association.
4 .2 Decorative Street ,Lights, To the cx1eut that decorative street lights are part of this
Agreement as provided 6 Exhibit 1 the Associamn agrees to fuller caop=te with the City to
acquire, inst 1, maintain, operate 62 decorative street lights required by the Project as follows.
A The Association shall assume the ill responsibility of m taix .n the progress Energy
iia voice for all of the sheet lights covered by the P rod ect, including having the account placed in the
name of the A ssociation and making prompt and timely payments on said acount.
( B) Th e Association shall be responsi for promptly re porting all brok n or damaged
street hghts directly to P rogress Energy. The City reservos the right to do the same in the event that
the Association fails in said reporting responsibilities,
sectio C ftyls Obligat Subj to the Association's compliance with its Payment
responsibilities set forth under this Ag ee aent, the City agrees to p erform the follow obligations:
5 -1 --Not #ppli ab e�-- The City agrees to pay the cost of purchasing replacement Sign
Form Neighborhood Street Sign and Light l nprov=ent Agreement
City of Winter Sprin — The Highlands H A
page
Plates required for the Project.
5 -2 —Not 'Cable -- The CitY wi ll Purchase replacement decorative street si
required bar the Pro Oct an under th Street S i gift Contract in �
� accordan w ith Cit whin
policies and procedures.
5 .3 The City Will assist the Association in 000rdinating with P rog ress EneW to acquir
and stall the decorative fre t lights, Upon installation and the estabi- tshmeut of an account with
pro tes s Energy, tho City agrees tO reimburse the Association for the mamtenanee and op eratiot, of
the decorative street lights in are amount equal a n d strictly 1, to to the street LighT Due Rate. The
City $h91 make the reix�r�,b 'sc nE on uarterl r basis. H6wev r� Mt,h respect to any increase ill the
number of street fights above tho number that `V'm actually ijuta1ed for the Asso ciation at the
effective date of this A reement, the City shall not bo responsible for the Street L ight Base Rate for
the add itiowl s ligh is unle s the City agrees, in its di cr ' n-n-, fat the ad&tional lights) were
required to brag the Association's street light ply im conformance with P rogress 'Ene
standard photom req�eet,
Seedon 6. Title to Street Sin and l hts. the right, title and in terest o
the decor 'e stre t g n sh dI be vested ire the City. The right, title and interest of the
decorative street lights shad be crested in Progress ]Energy. The Association have no
property Un terest in the decorative, street signs and street lights.
Section 7. App licable w venue. This Agreement shall be gove ed by and
construed in accordance with the lags o f the State of Florida a nd the Winter Sp riugs Code. The
parks agree that venue shall be, exoinsiv l r Frith Seminole County, Florida, for all state disputes
or a tiom which arise out of or are b upon this Agreetnent, and in Orlando, Florida, for alb such
federal disputes or actions.
Section 8 . Amendments, This Agreement shall not be modified or mended except b
writt agmemet exe cuted by all pies hereto and approved by the City Commission or ci
Manager of the City of minter Springs,
,Section 9, ntir ` x'e „n - rings T his Agri t contains the entire
agreement between the, parties as to the subject matter hereof. The e m nt ma o r).l bin the
g y �
City if executed by the City meager or Mayor of Winter Springs. Paragraph hewn s are for
convenience Of the parties order end are not t be eonst ued as part of this Agreement. All references
to whole pe xagra h numbers g shah incl a U subparagraphs thereunder (c.g., 2, 1 .
Section 10. S verahillt # If any provision of Ws Agreement shall b -hold to be a d
or Un enforceable to any extent by a court of oompetent jurisdiotion, the City shall have the
unconditional right to either terminate this Agree eu modify this Agreement with tie
Association"s co sent or remain in the A.g as mo dified by the cow.
Form 02109 Neighborhood Street Sign an ,f ight Improvem nt Agreement
City Of Win= Springs — Tho Highlands oA
Page 4 of
seet ion .
�Overelm T nit . Nothing conO d in the A ,re rent shall be
daft ftUe,d s a waiver of the City's Wight to sove imt i ► UA Section 768,28 Flo
Statues, Or ahY oth l nation on the City's potential liability under state o r federal lair. Sai rights
and hraitins shall b e der filly mooted h erd by this r efe r ence ,
sectio Notice, All notices and correspondence in c 0nnfttion with this Agreement
mast be in wfiting, Notice and correspendcacc shall be sent by Est ems mail or band delivered at
the addresses set forth below or a such other addresses a the pares hereto shall. designate t each
other in wrldn ,
a t th city:
City Manager
City of Wint Sprin
1 126 East St ate Road 434
Wi nter SPs, FL 32708 -2799
407-327-1800 X202 hone
407 - 327 =6695 "a
(b) If t o the Association:
Highlands R alneowners Associati Inc.
2200 Shepard Road
`Winter Springs, FL 32709
0 ' 327 -0640
Sc, cfio Weyer Any forbemme by the City in a eroising aay right O rromedy under
this Agreement shall not constitate a waivet of or preclude the exercise of aay right or remedy.
Section . 's Ri t to Seek unable Relief and Special Assess The
Association are& , ROknOW and recognizes that any broach of this Agreena nt by the
Association nlay remit in It` ePaMble h arm to the City* The As sociati on agr that in addition t
and not in lieu of all legal and equitable remedies available to city by reason of sua bre ach, C4Y
shall be entitled to equitable re li e f (including,, without jimitatioA specific performance and
miunctive re lief) to C n j oin the occuxT a and condition of the breach. Furth6r, in the event the
A s ociation fails to make any payments that M required here the A s elation acknowledges and
` agrees that the decomtivt street signs and street liglAs provide a. special benefit to the Association
and its members axed that said special benefit is shared proportionately by all the members of the
Association, In the event that the City detenmines that the Association has not made the payments
required by this Agreement, the City restrves the un onditional right to assess the Association are
its members for the Association's costs for the decorative street signs an st=l lights. In the event
the City is re d t bate an assessment, the Association age on to fly support th assessment
Farm 02109 N elghb6rhood Street S i gn ai Light Improvernew Agmetne
City of Winter Springs — The Highlands HOB,
Page 5 o
and the Association shad not contest, challenge or intervene in tho assessment process. Fier,
the event that the Association defaults ail any stet light amount with Progress Energy which is
covered b y this Agreement, the CiTy shall also, at its sole discretion, have the nit to transfer said
accounts into the City's name and thereby ass=e all the ,rights af'f'orded an account holder.
Section ,1 . AttorngysJFees. The prevAing party in any fi gation an' sing under this
Agreement shall be entitled to r co 'or its reasonable attorneys' and paralegal fm and costs, whether
iacuff d at trial or appeal.
IN WITNESS WHEREOF, the parries bavo executed tWs Agreemtnt as of the date first
writt xx above.
[Signature Page FollovV'sl
3
For 02109 Neighborhood Street Sign and Fight Improvement Agreement
City of Winwr Springs — The HiWan& 140A
page
WITNESSES:
Print Name
Print Name
STATE OF FLO A W*-0
COUNTY OF
ASSOCIATION
d 11
B
The foregoing inswummt was acknowled beforc me this d of
20 J kt e, q.
� b Zot. 1^vo, G,./' who cXecuted thr, fore insa=en:t
;� ac 'ed before., mo that he executed the see for the tises and p m therms =d expressed w�hho is personall 1�nown to me or 11 who has produced as
identification and who did not take an oath.
(NOTARY S)EAL
Notar Pub fie, Sisardj/
T 64 Prm"' te
fs j ' 1% 7
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to RM 7 rzas.-, kMnMt iv
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Form 02/09 Nei Street Si and Li Impro vemcat A
Cit of Winter Sprin - The Hi HOA
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Print I
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STA'G'E OF FLORA
COUNT" OF S
CITE' OF WWTR
F lo rida M u j� Grp ration:
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The fregmm� i was a ckno w l edged before e tai : dat of
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known to me, � .
(NO TA RY S EA L r f ��
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Typed o r Printed Notary Na
Form 02/09 Neighborhood Street Sign and Light Irnprowment Agreement
City of Winter Sprigs — The HigWan& HOA
Page 8 of
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,� ����5�
Frone Sbeven T. Ric��art, Urban Beautification Manager
C� Kevin Smith, City Manager
Dsbe: 2J12/2010
Ree Highlands NSSUA Stneet L'ght Aereement
Dear City Cle�ics:
Ptease find three (3) originals of the fo�lowing NSSUA agresme�nt for the Highlan� HOA that
requires signature of the City Manager for execution. The agr�eement is for them to upgrade str�et
Ights along Sheoah BI�. within the Highlartds Subdivision and it was approved by the City
Commission on January 11, 2010 — Ibem C200 (attached).
Someone from the Cleric's Office wil� r�ed to r�tarize each of the �rce (3) orig'rnals for the agreement
Or�e they have bee� fully exeaibed, please retum tw�o (2) origina�s to me and one (1) original should
rema�n with the City Clerk's Office.
Thank you very kindly,
S�twu• T. ���r�
,