HomeMy WebLinkAboutItem 05 Approval of a Two-Year Warranty Surety and Maintenance, Materials, and Workmanship Agreement for Wynwood Phase 1 and 2
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
STAFF REPORT
Meeting Date: May 16, 2023
Item #: 5
Contact Name: Martrivus Keaton Department Director: Michael Rumer
Contact Number: Ext. 1088 City Manager: Robert Frank
Subject: Approval of a Two-Year Warranty Surety and Maintenance, Materials, and
Workmanship Agreement for Wynwood Phase 1 and 2. (Development Engineer Keaton)
Background Summary:
Wynwood Subdivision is located in Commission District 4 and is divided into four (4) Phases. Phase 1 & 2 is
made up of 190 detached single-family homes. The subject property is located on the south side of W.
McCormick Rd. and west of N. Apopka Vineland Road. The developer has completed construction of the
infrastructure improvements for the subdivision and has requested a Certificate of Completion. The
infrastructure improvements include the potable water, sanitary sewer, reclaimed water, utilities, the roadways,
stormwater collection system, perimeter wall/fencing, and associated landscaping. All identified punch list
repairs have been completed, and the developer is 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 with a Surety to
cover any possible damages discovered during the next two years. Should the developer not choose to make
those repairs, JTD Land at Wynwood, LLC, has provided the City with a Letter of Credit in the amount of 10%
of the constructed improvements. The attached Maintenance, Materials, and Workmanship Agreement (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.
Additionally, the developer has furnished the City with a separate Surety to cover the construction cost of
adding the second lift of asphalt to all of the public streets of the subdivision. This arrangement will ensure that
the final road surface is not worn or scarred during construction of the homes. The attached Maintenance,
Materials, and Workmanship Agreement for Asphalt acts as the executable document between the developer
and the City in the event the developer fails to provide the second lift of asphalt within two years of the
issuance of the Certificate of Completion or when 80% of the homes have received Certificates of
Occupancy. The Surety will be returned to the developer upon completion of the warranty period and the
repair of any damages caused over that period.
Issue:
Should the City accept the Surety as provided by JTD Land at Wynwood, LLC, for the two-year warranty for
Wynwood Subdivision - Phase 1 & 2 and execute the Maintenance, Materials, and Workmanship Agreement;
and should the City accept the Surety as provided by JTD Land at Wynwood, LLC for the Maintenance,
Materials, and Workmanship Agreement for Asphalt for Wynwood Subdivision - Phase 1 & 2 and execute the
Maintenance, Materials, and Workmanship Agreement for Asphalt with JTD Land at Wynwood, LLC?
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City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
Recommendations:
The Development Services Department recommends the Honorable Mayor and Commissioners approve the
Surety and the execution of the Maintenance, Materials, and Workmanship Agreement with JTD Land at
Wynwood, LLC, for the Wynwood Subdivision - Phase 1 & 2; and recommends the acceptance of the Surety
and the execution of the Maintenance, Materials, and Workmanship Agreement for Asphalt with JTD Land at
Wynwood, LLC for Wynwood Subdivision - Phase 1 & 2.
Attachments:
1. MMW Agreement Wynwood Ph 1 and 2 Sitework
2. MMW Agreement Wynwood Ph 1 and 2 (Asphalt 2nd lift)
Financial Impacts:
There are no financial impacts to the City in accepting this two-year warranty Surety.
Type of Item: Consent
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ORLA_1688244.1
EXHIBIT “A”
(Legal Description of Real Property Constituting the Subdivision)
LEGAL DESCRIPTION:
PARCEL 1:
BEGIN AT THE SE CORNER OF THE NE 1/4 OF SECTION 33, TOWNSHIP 21 SOUTH, RANGE 28 EAST, ORANGE
COUNTY, FLORIDA, RUN NORTH 253.35 FEET, WEST 11 CHAINS (726 FEET), THENCE SOUTH 253.35 FEET,
THENCE EAST 11 CHAINS (726 FEET) TO THE POINT OF BEGINNING.
PARCEL 2:
THE SW 1/4 OF THE NW 1/4 OF SECTION 34, TOWNSHIP 21 SOUTH, RANGE 28 EAST, ORANGE COUNTY,
FLORIDA, LESS ROAD ON NORTH,
PARCEL 3:
THE NE 1/4 OF THE SE 1/4 OF SECTION 33, TOWNSHIP 21 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA,
(LESS THAT PART LYING SOUTH OF THE SEABOARD COAST LINE RAILROAD) AND LESS THAT PROPERTY
CONVEYED IN BOOK 4814, PAGE 3816.
PARCEL 4:
THE N 1/2 OF THE SW 1/4 OF SECTION 34, TOWNSHIP 21 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA,
(LESS THAT PART LYING SOUTH OF THE SEABOARD COAST LINE RAILROAD) AND LESS RAILROAD RIGHT-
OF-WAY.
PARCEL 5:
BEGIN AT THE NW CORNER OF THE SE 1/4 OF SECTION 34, TOWNSHIP 21 SOUTH, RANGE 28 EAST, ORANGE
COUNTY, FLORIDA, RUN EAST 534.85 FEET MORE OR LESS TO THE WESTERLY RIGHT OF WAY LINE OF THE
CLARCONA-APOPKA ROAD (STATE ROAD 5-435), THENCE SOUTH 5" EAST ALONG SAID RIGHT OF WAY LINE
778 85 FEET MORE OR LESS TO THE NORTH RIGHT OF WAY LINE OF THE SEABOARD COAST LINE RAILROAD,
THENCE SOUTHWESTERLY ALONG SAID RAILROAD RIGHT OF WAY LINE TO THE WEST LINE OF NW 1/4 OF SE
1/4, THENCE NORTH TO THE POINT OF BEGINNING.
LESS PARCELS A B & C DESCRIBED BELOW:
A) FROM THE NW CORNER OF THE SE 1/4 OF SEC 34, TOWNSHIP 21 SOUTH, RANGE 28 EAST, ORANGE
COUNTY, FLORIDA, RUN EAST 534,85 FEET MORE OR LESS TO THE WESTERLY RIGHT OF WAY LINE OF THE
CLARCONA-APOPKA ROAD, THENCE SOUTH 5ꞏ EAST ALONG SAID ROAD RIGHT OF WAY LINE 778 85 FEET
MORE OR LESS TO THE NORTH RIGHT OF WAY LINE OF THE SEABOARD COAST LINE RAILROAD FOR THE
POINT OF BEGINNING; RUN THENCE NORTH sꞏ WEST ALONG SAID WESTERLY RIGHT OF WAY LINE OF THE
CLARCONA-APOPKA ROAD A DISTANCE OF 138 FEET, THENCE WEST 120 FEET, THENCE SOUTH 5' EAST TO
SAID RAILROAD RIGHT OF WAY LINE, THENCE NORTHEASTERLY ALONG THE RAILROAD RIGHT OF WAY
LINE TO THE POINT OF BEGINNING:
B) THAT PART DEEDED TO ORANGE COUNTY RECORDED IN BOOK 3921, PAGE 115;
C) THAT PART DEEDED TO ORANGE COUNTY RECORDED IN BOOK 4934, PAGE 4821
PARCEL 6:
BEGINNING AT THE SW CORNER OF THE SE 1/4 OF THE NW 1/4 OF SECTION 34, TOWNSHIP 21 SOUTH, RANGE
28 EAST, ORANGE COUNTY, FLORIDA; THENCE RUN EAST 1850 FEET MORE OR LESS TO THE WEST SIDE OF
THE ROAD CONNECTING CLARCONA WITH APOPKJI., THENCE NORTHERLY ALONG THE WEST SIDE OF SAID
ROAD 885 FEET MORE OR LESS, TO THE SOUTH LINE OF LANDS NOW OR FORMERLY BELONGING TO ONE
"CUMBIE" OR "CUMBER": THENCE WEST 1000 FEET: THENCE NORTH 435 FEET, MORE OR LESS TO THE NORTH
LINE OF THE SAID SE 1/4 OF THE NW 1 /4 OF SAID SECTION 34, THENCE WEST 840 FEET MORE OR LESS TO THE
NW CORNER OF THE SE 1/4 OF THE NW 1/4 OF SECTION 34; THENCE SOUTH 1320 FEET MORE OR LESS TO THE
POINT OF BEGINNING, LESS ROAD ON NORTH.
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-5-
ORLA_1688244.1
EXHIBIT “A”
(Legal Description of Real Property Constituting the Subdivision)
LEGAL DESCRIPTION:
PARCEL 1:
BEGIN AT THE SE CORNER OF THE NE 1/4 OF SECTION 33, TOWNSHIP 21 SOUTH, RANGE 28 EAST, ORANGE
COUNTY, FLORIDA, RUN NORTH 253.35 FEET, WEST 11 CHAINS (726 FEET), THENCE SOUTH 253.35 FEET,
THENCE EAST 11 CHAINS (726 FEET) TO THE POINT OF BEGINNING.
PARCEL 2:
THE SW 1/4 OF THE NW 1/4 OF SECTION 34, TOWNSHIP 21 SOUTH, RANGE 28 EAST, ORANGE COUNTY,
FLORIDA, LESS ROAD ON NORTH,
PARCEL 3:
THE NE 1/4 OF THE SE 1/4 OF SECTION 33, TOWNSHIP 21 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA,
(LESS THAT PART LYING SOUTH OF THE SEABOARD COAST LINE RAILROAD) AND LESS THAT PROPERTY
CONVEYED IN BOOK 4814, PAGE 3816.
PARCEL 4:
THE N 1/2 OF THE SW 1/4 OF SECTION 34, TOWNSHIP 21 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA,
(LESS THAT PART LYING SOUTH OF THE SEABOARD COAST LINE RAILROAD) AND LESS RAILROAD RIGHT-
OF-WAY.
PARCEL 5:
BEGIN AT THE NW CORNER OF THE SE 1/4 OF SECTION 34, TOWNSHIP 21 SOUTH, RANGE 28 EAST, ORANGE
COUNTY, FLORIDA, RUN EAST 534.85 FEET MORE OR LESS TO THE WESTERLY RIGHT OF WAY LINE OF THE
CLARCONA-APOPKA ROAD (STATE ROAD 5-435), THENCE SOUTH 5" EAST ALONG SAID RIGHT OF WAY LINE
778 85 FEET MORE OR LESS TO THE NORTH RIGHT OF WAY LINE OF THE SEABOARD COAST LINE RAILROAD,
THENCE SOUTHWESTERLY ALONG SAID RAILROAD RIGHT OF WAY LINE TO THE WEST LINE OF NW 1/4 OF SE
1/4, THENCE NORTH TO THE POINT OF BEGINNING.
LESS PARCELS A B & C DESCRIBED BELOW:
A) FROM THE NW CORNER OF THE SE 1/4 OF SEC 34, TOWNSHIP 21 SOUTH, RANGE 28 EAST, ORANGE
COUNTY, FLORIDA, RUN EAST 534,85 FEET MORE OR LESS TO THE WESTERLY RIGHT OF WAY LINE OF THE
CLARCONA-APOPKA ROAD, THENCE SOUTH 5ꞏ EAST ALONG SAID ROAD RIGHT OF WAY LINE 778 85 FEET
MORE OR LESS TO THE NORTH RIGHT OF WAY LINE OF THE SEABOARD COAST LINE RAILROAD FOR THE
POINT OF BEGINNING; RUN THENCE NORTH sꞏ WEST ALONG SAID WESTERLY RIGHT OF WAY LINE OF THE
CLARCONA-APOPKA ROAD A DISTANCE OF 138 FEET, THENCE WEST 120 FEET, THENCE SOUTH 5' EAST TO
SAID RAILROAD RIGHT OF WAY LINE, THENCE NORTHEASTERLY ALONG THE RAILROAD RIGHT OF WAY
LINE TO THE POINT OF BEGINNING:
B) THAT PART DEEDED TO ORANGE COUNTY RECORDED IN BOOK 3921, PAGE 115;
C) THAT PART DEEDED TO ORANGE COUNTY RECORDED IN BOOK 4934, PAGE 4821
PARCEL 6:
BEGINNING AT THE SW CORNER OF THE SE 1/4 OF THE NW 1/4 OF SECTION 34, TOWNSHIP 21 SOUTH, RANGE
28 EAST, ORANGE COUNTY, FLORIDA; THENCE RUN EAST 1850 FEET MORE OR LESS TO THE WEST SIDE OF
THE ROAD CONNECTING CLARCONA WITH APOPKJI., THENCE NORTHERLY ALONG THE WEST SIDE OF SAID
ROAD 885 FEET MORE OR LESS, TO THE SOUTH LINE OF LANDS NOW OR FORMERLY BELONGING TO ONE
"CUMBIE" OR "CUMBER": THENCE WEST 1000 FEET: THENCE NORTH 435 FEET, MORE OR LESS TO THE NORTH
LINE OF THE SAID SE 1/4 OF THE NW 1 /4 OF SAID SECTION 34, THENCE WEST 840 FEET MORE OR LESS TO THE
NW CORNER OF THE SE 1/4 OF THE NW 1/4 OF SECTION 34; THENCE SOUTH 1320 FEET MORE OR LESS TO THE
POINT OF BEGINNING, LESS ROAD ON NORTH.
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