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HomeMy WebLinkAboutItem 04 Approval of a Two-Year Warranty Surety and Maintenance, Materials, and Workmanship Agreement with Shine Ocoee LLC for Vermeer Phase 1 43.11% ocoee florida AGENDA ITEM COVER SHEET Meeting Date: October 5, 2021 Item # Reviewed By: Ls' Contact Name: Martrivus Keaton Department Director: Mic R mF-- L;1- i/ Contact Number: 407-554-7109 City Manager: Robert FraW, _f•-• • Subject: Approval of a Two-Year Warranty Surety and Maintenance, Materials, and Workmanship Agreement with Shine Ocoee LLC for Vermeer Phase Commission District 3 — Richard Firstner Background Summary: Vermeer Phase 1 is located on the west side of Ocoee Apopka Road and the north side of Palm Drive on the northwest corner of Ocoee Apopka Road and Palm Drive. The property consist of (1) 8,000 square foot two-story office/retail building and (1) 11,723 square foot equipment assembly shop. The infrastructure improvements include the potable water, sanitary sewer, other private utilities, stormwater collection system, perimeter wall/fencing, and associated landscaping. Identified punch list repairs are currently being completed, and the developer is nearly ready to start the two-year warranty period for the public improvements. As a requirement of the Land Development Code, the developer is required to furnish the City a Surety to cover any possible damages discovered during the next two years. Should the developer not choose to make those repairs, Shine Ocoee LLC, has provided the City with an Escrow in the amount of 10% of the constructed improvements. The Escrow provided is for a grand total of$32,510.00. The attached Maintenance, Materials, and Workmanship Agreements (Form 8 from the Land Development Code) acts as the executable document between the developer and the City. The Surety will be returned to the developer upon completion of the two-year warranty period and the repair of any damages caused over those two years. Issue: Should the City accept the Surety as provided by Shine Ocoee LLC, for the two-year warranty for Vermeer Phase 1 and execute the Maintenance, Materials, and Workmanship Agreement? Recommendations: The Development Services Department recommends the acceptance of the Surety and the execution of the Maintenance, Materials, and Workmanship Agreement with Shine Ocoee LLC, for the Vermeer Phase 1. Attachments: 1. Maintenance, Materials, and Workmanship Agreement with Shine Ocoee LLC 2. Escrow amount of$32,510.00 will be placed by Attorney Logan Opsahl, into an account at a local financial institution. ( document forthcoming) Financial Impact: There are no financial impacts to the City in accepting this two-year warranty Surety. Type of Item: (please mark with on 'Y) Public Hearing F0 Cletk's Dept Use: ' Ordinance First Reading Consent Agenda . Ordinance Second Reading ' Public Hearing Resolution Regular AQanda'__ X Commission Approval Discussion&Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by N/A Reviewed ^ Finance' D�� D�c� '--� /� ~ *1 / N/A "Y '= �- " ��/^�°� '» / -`�r`7°���~t~� Reviewed by N/A • MAINTENANCE,MATERIALS,AND WORKMANSHIP ESCROW AGREEMENT This Agreement is entered into this day of September,2021 by Shine Ocoee, LLC,a Florida limited liability company(hereinafter referred to as "Developer")'and the City of Ocoee, a Florida municipal corporation(hereinafter referred to as the"City"). WHEREAS, Developer is the owner of certain real property located in Orange County, Florida more fully described in the attached Exhibit "A" which exhibit is incorporated herein by . this reference(the"Property");and WHEREAS, Developer has developed and constructed on the property, a subdivision known as Vermeer Phase I (the "Subdivision") and in connection therewith has installed with the approval of the City certain roads, streets, sewers, water systems, drainage works, and/or other improvements (the "Improvements") under the provisions, conditions, and requirements of the City's Subdivision Regulations and the subdivision approval granted the 24th day of March 2020,by the Board of City Commissioners; and WHEREAS, under Section 4-4, Subdivision Review Process, of the City's Land Development Code,Developer is required to warrant the maintenance,materials, and workmanship of the Improvements constructed by Developer within the Subdivision;and WHEREAS, Section 4-4, Subdivision Review Process, of the City's Land Development Code proVlide that Developer may guaranty such maintenance, materials, and workmanship by placing a cash escrow with the City;and WHEREAS, Developer wishes to establish an escrow fund in order to guaranty the maintenance,materials, and workmanship of the Improvements within the Subdivision as required by Section 4-4, Subdivision Review Process,of the Land Development Code. NOW THEREFORE,the parties agree as follows: SECI'ION 1. ESTABLISHMENT OF ESCROW FUND. Developer does hereby establish an escrow fund with the City in.the amount of Thirty Two Thousand Five Hundred and Ten Dollars ($32,510.00) to guaranty the maintenance, materials, workmanship, and structural integrity of the Improvements. This escrow fund shall be placed by the City in an account at a local financial institution and shall be disbursed only in accord with the terms of this Agreement. 1 SECTION 2. TERMS AND CONDITIONS FOR RETURN OF ESCROW FUND. In the event Developer shall maintain the Improvements in a first class condition for a period of two (2) years from the date of issuance of the Certificate of Completion for the Improvements, and if Developer shall replace all paving or other structures which within said two (2) year period shall be found by the City not to comply with said subdivision approval, and that if the Developer shall replace any other Improvements the materials, workmanship, or structural integrity of which shall be found by the City not to comply with said subdivision approval for a two (2) year period following issuance of the Certificate of Completion by the City, and shall pay any and all costs or expenses incidental to the performance of any work required to be performed hereunder,then the monies escrowed hereunder less an administrative fee of two (2)percent which shall be retained by the City and less all bank charges with respect to the maintenance of the escrow fund shall be returned to the Developer. SECTION 3. CITY'S RIGHT TO DRAW ON ESCROW FUND. The funds escrowed hereunder shall'be used by the City only to repair or replace the Improvements deemed by the City to not comply with the subdivision approval except as mutually agreed to by the parties. If at any time during the two (2)year period following the issuance of the Certificate of Completion for the Improvements the City notifies Developer in writing of any deficiency or fault in the materials, workmanship, or structural integrity of the Improvements, and Developer fails to correct such deficiency or fault to the satisfaction of the City within thirty(30) days of such written notice, then the City may make such corrections, the cost of which shall be paid for out of the escrow fund for this purpose without further notice to Developer. Notwithstanding anything-contained in Section 2 above, in the event the City has notified Developer of a deficiency or fault as provided above,the term of this Agreement shall continue until such deficiency or fault is corrected. SECTION 4. CONTINUED APPLICABILITY OF SUBDIVISION REGULATIONS. This Agreement shall not be construed to relieve or release Developer from any of its obligations under the City Subdivision Regulations with respect to-the Improvements. [SIGNATURES TO FOT.T,OW] 4850-7957-2985,v.2 IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed as of the date and year first above written. Signed, sealed and delivered DEVELOPER: in the presence of: Shine Ocoee,LLC,a Florida limited liability company By: " • Print Name: K ( h gcskic-,1 NM:Name /42/27,717. ' - Its: ill 4 IP .ci h e wtbefr. rint Nama. Ch-eL43-----"'V 4850-7957-2985,v.2 CITY: ATTEST: CITY OF OCOEE,FLORIDA, a Florida municipal corporation By: By: City Clerk Mayor J (SEAL) For the use and reliance by the City of Ocoee Approved by the Ocoee City Commission at a only. Approved as to form and legality this meeting held on 2021 day of September,2021. under Agenda Item No. SHUFFIELD,LOWMAN&WILSON,P.A. By: City Attorney 4850-7957-2985,V.2 EXHIBIT"A" (LEGAL DESCRIPTION) LEGAL DESCRIPTION (PREPARED BY OLD REPUBLIC, NATIONAL TITLE INSURANCE COMPANY,DATED 2018.MAR. 05): PARCEL 1: A PORTION OF THE SE 1/4 OF THE NW 1/4 OF SECTION 18 TOWNSHIP 22, RANGE 28 EAST,ORANGE COUNTY FLORIDA,MORE FULLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SAID SE 1/4 OF THE NW 1/4 OF SECTION 18, THENCE SOUTH 89°23'42" W ALONG THE NORTH BOUNDARY OF THE SAID SE 1/4 OF THE' NW 1/4 A DISTANCE' OF 40.00 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF STA FE ROAD 437; THENCE S 0°16'39" W ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 245.20 FEET TO THE POINT OF BEGINNING; THENCE S 89°23'42" WAND PARALLEL TO THE NORTH LINE OF THE SAID SE 1/4 OF THE NW 1/4 A DISTANCE OF 516.59 FEET TO THE APPROXIMATE CENIER LINE OF AN EXISTING DRAINAGE DITCH; THENCE S 1°10'19" W. ALONG THE SAID CENTERLINE 268.43 FEET TO A POINT ON THE NORTHEASTERLY RIGHT- OF-WAY LINE OF PALM DRIVE; THENCE.S 50°23'11" E ALONG SAID RIGHT-OF-WAY LINE A DISTANCE' OF 673.25 FEET TO A POINT ON THE SAID WEST RIGHT-OF-WAY LINE OF STATE ROAD 437; THENCE N 0°75'39" E ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 703.10 FEET TO THE POINT OF BEGINNING PARCEL 2: A PORTION OF THE SOUTHEAST 1/4. OF THE NORTHWEST 1/4 OF SECTION 18, TOWNSHIP 22 SOUTH,RANGE 28 EAST, ORANGE COUNTY, FLORIDA, MORE FULLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST COMER OF THE SAID SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 18, THENCE SOUTH 89°23'42" WEST ALONG THE NORTH. BOUNDARY OF THE SAID SOUTHEAST 1/4 OF THE NORTHWEST 1/4 A DISTANCE OF 40.00 FEET TD A POINT ON THE WEST RIGHT OF WAY LINE OF STA TE ROAD 437 AND THE POINT OF BEGINNING,THENCE CONTINUE SOUTH 89°23'42" WEST ALONG THE SAID NORTH LINE A DISTANCE OF 512.76 FEET TD THE APPROXIMATE CENTERLINE OF AN EXISTING DRAINAGE DITCH, THENCE SOUTH 1°10'19" WEST ALONG THE SAID -CENTERLINE 245.,19 FEET; THENCE NORTH •• 89°23'42" EAST AND PARALLEL TO THE NORTH LINE OF THE SAID SOUTHEAST 1/4 OF THE NORTHWEST 1/4 A DISTANCE OF 516.59 FEET TO A POIN/" ON THE AFORESAID WEST RIGHT OF WAY LINE,- THENCE NORTH 0°16'39" EAST ALONG THE SAID WEST RIGHT OF WAY LINE 245.20 FEET TO THE POINT OF BEGINNING. 4850-7957-2985,v.2 NAKEATOR ad CONSTRUCTION 599 Maguire Rd.Ocoee,FL 34761 (407)894-7661 DATE: September 23,2021 TO: Martrivus Keaton City of Ocoee RE: Vermeer Sitework Phase 1—Public Improvements Martrivus, Keator Construction provides the following cost estimate for the public improvements provided in Phase 1 of the Vermeer Ocoee project: 1 P CD.,J 1raCIN uNIT Q11AN 131 UNIT,59SI su X04,66 1NA1, i ..._...._. _., UTILITIES ,5"ANRARS''`- - = i-"' '�-- _ 536,375.00 6'N8'WET TAP PAST PALMDR, EA 1 ' $3,700.00 Si,700,00 6'1(4'WYE 11E INIOfMER0A1 PO0TOF7CF 101E DEEP EA 1 S3,500.00 —33.500,00 8"SDR 24FORCEMAIN LF 980 S17.00 $29,820,00 ' 'SDR 26 FORCEMAIN LF 20 S 1s,OD ;600.00 /_ONNECT TO O'FORCEMAIN WITH 6'TAP SADDLE EA I 1.1,500.00 S2,SODAO -— I� VARIOUS FITTINGS U.S I $1,255.00 $1,255.00 • 0'x 12'WET TAP EA 2 - S4,700,00. $9,406.00 4-X IS'WET TAP • EA 2 $4,100.00 $4200,00 8'DIRECTIONAL RODE 11060 LF)INCLUDES PIPE EA 1 $9000,00 $9,008.00 4'DIRECTIONAL PORE(10601.F1 INCLUDES PIPE EA 1 55,500,OD $5,500.00 0'GATE VALVE LF 2 $1,100.00 $2200,00 ' VARIOUS FITTINGS 15 I $350.00 $350.00 TOW FOR UUUHES i�:4ZbYAE=--;`.v3?,7[025ACf:i DESCRIPTION yNIT19UANTITC UNIT COST SUBTOTAL f.IN81. mismisiaitES 5254.080.00 14'k23'ERCP LF 115 $5,175.00 _ j 34'x 53'ERCP IF 376 _ F63,920.00 15'RCP LF 131 3,930.00 2470CP LF 492 29,172,00 90'RCP ,' LF 125 $11,075.00 ACFRTANK SYSTEM LE. 1 $35,446.00 ' 12'HDPE LA 63 $1,260.00 Ur HOPE LF 464 $14,304.00 24'HOPE LF 360 $16,560.00 TYPE C INLET EA 4 314,208.00 TYPE E INLET EA 9 $36,900.00 TYPE OWLET WITHCONTRL MSC. EA I $5,592.00 TYPE PMANHOLE EA 2 _ 6,60E1.00 MITERED END I4'1123', LA 2 $2,200.00 MITERED END 34'x 53', EA 1 - 4,200.00 MITERED END 29-WITHRIP RAP, EA, I $2,650.00 TOTAL FOR UTILITIES ::.::70TAL`"•:',- `$254A80.00'•. GRAND TOTAL:$325,105 Thank you, Wes Radcliffe Vice President Keator Construction ESCROW AGREEMENT AMOUNT: $32,510 FINANCIAL INSTITIUTION: Logan Opsahi with Suffield Loman will provide the City the Account information to be inserted here.