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.
Customer Signature
Date:
Name (Please print or type)
t
I
MERITAGE HOMES OF FL INC
ATTN: DANTE FRAIEGARI
5337 MILLENIA LAKES BLVD
STE 160
ORLANDO FL 32839
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