HomeMy WebLinkAboutItem 05 Approval of a Two-Year Warranty Surety and Maintenance, Materials, and Workmanship Agreement for Alibi ApartmentsMeeting Date: July 18, 2023
Item #: 5
Contact Name: Martrivus Keaton Department Director: Michael Rumer
Contact Number: Ext. 1088 City Manager: Robert Frank
Background Summary:
Alibi Apartments are located on the southeast corner at the intersection of Old Winter Garden Road and
Maguire Road. The property consists of 410 luxury multi -family residential dwelling units, developed in 6
phases, on approximately 16.56 acres. The infrastructure improvements include potable water, sanitary sewer,
other private utilities, a stormwater collection system, 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 with a Surety to
cover any possible damages discovered during the next two years. Should the developer not choose to make
those repairs, Lake Lilly Apartments 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 $38,787.60. The attached
Maintenance, Materials, and Workmanship Agreements (Form 8 from the Land Development Code) act 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 Lake Lilly Apartments LLC, for the two-year warranty for
Alibi Apartments 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 Lake Lilly Apartments LLC for Alibi Apartments.
Attachments:
1. MMW 2 Year Agreement
Financial Impacts:
There are no financial impacts to the City in accepting this two-year warranty Surety.
City of Ocoee - 1 N. Bluford Avenue - Ocoee, Florida 34761
Phone: (4 9 t0 • •-• • •
Page 38 of 199
Type of Item: Consent
City of Ocoee - 1 N. Bluford Avenue - Ocoee, Florida 34761
Phone: (407) 905-3100 - www.ocoee.org
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MAINTENANCE, MATERIALS, AND WORKMANSHIP
ESCROW AGREEMENT
This Agreement is entered into this _ day of , 20 , by Lake Lilly
Apartments, LLC, a Delaware 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 Lake Lilly Apartments FSP (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 some of which are private and shall be owned by the Developer (the "Private
Improvements") and some of which have been or will be conveyed to the City to own (the "Public
Improvements") under the provisions, conditions, and requirements of the City's Subdivision
Regulations and the subdivision approval granted the 904 day of Alovem 6er-, 20� by the Board of
City Commissioners. For the avoidance of doubt, the Private Improvements are not subject to this
Agreement in any respect; 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 workkmanship
of the Public Improvements constructed by Developer within the Subdivision; and
WHEREAS, Section 4-4, Subdivision Review Process, of the City's Land Development
Code provide 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 Public 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:
SECTION 1. ESTABLISHMENT OF ESCROW FUND.
Developer does hereby establish an escrow fund with the City in the amount of
$38,787.60 to guaranty the maintenance, materials,
workmanship, and structural integrity of the Public 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.
4856-6905-0731 0
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SECTION 2. TERMS AND CONDITIONS FOR RETURN OF ESCROW FUND.
In the event Developer shall maintain the Public 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 Public
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 Public 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 fiind 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 Public
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 Public Improvements the City notifies Developer in writing of any
deficiency or fault in the materials, workmanship, or structural integrity of the Public
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 Public Improvements.
SIGNATURES TO FOLLOW
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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
in the presence of:
ATTEST:
City Clerk
(SEAL)
For the use and reliance by the City of Ocoee
only. Approved as to form and legality this
day of , 20_
SHUFFIELD, LOWMAN & WILSON, P.A.
City Attorney
DEVELOPER:
Lake Lilly Apartments, LLC, a Delaware
limited liability company
By:- .
Vj-_
Print n e: James P. Sullivan
Its: Au rized Signatory
CITY:
CITY OF OCOEE, FLORIDA,
a Florida municipal corporation
Mayor
Approved by the Ocoee City Commission at a
meeting held on , 20_
under Agenda Item No.
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EXHIBIT "A"
(Legal Description of Real Property Constituting the Subdivision)
A PARCEL OF LAND LYING IN SECTION 29, TOWNSHIP 22 SOUTH, RANGE 28 EAST,
ORANGE COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE SOUTH 1/2 OF THE NORTHWEST 1/4
OF SAID SECTION 29; THENCE ALONG THE NORTH BOUNDARY OF SAID SOUTH 1/2,
SOUTH 89°42'11" WEST, 1538.30 FEET; THENCE DEPARTING SAID NORTH BOUNDARY,
SOUTH 0001749" EAST, 70.00 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE
OF OLD WINTER GARDEN ROAD, SAID POINT BEING THE POINT OF BEGINNING OF THE
HEREIN DESCRIBED PARCEL; THENCE DEPARTING SAID SOUTHERLY RIGHT OF WAY
LINE, SOUTH 00°21'25" EAST, 194.99 FEET TO A POINT ON THE NORTH BOUNDARY OF
TRACT "A", WEST END PROFESSIONAL PARK UNIT ONE, AS PER PLAT THEREOF, AS
RECORDED IN PLAT BOOK 34, PAGES 139 THROUGH 141, PUBLIC RECORDS OF ORANGE
COUNTY, FLORIDA; THENCE ALONG THE NORTH, WEST AND SOUTH BOUNDARIES OF
SAID TRACT "A" THE FOLLOWING FIVE (5) COURSES: (1) NORTH 88°27'48" WEST, 329.06
FEET; (2) SOUTH 00°26'37" EAST, 425.40 FEET; (3) SOUTH 50°49'49" EAST, 170.00 FEET; (4)
SOUTH 81038'10" EAST, 642.39 FEET; (5) SOUTH 81°20'27" EAST, 200.17 FEET TO A POINT ON
THE WEST BOUNDARY OF TRACT "B", WEST END PROFESSIONAL PARK UNIT ONE, AS PER
PLAT THEREOF, AS RECORDED IN PLAT BOOK 34, PAGES 139 THROUGH 141, PUBLIC
RECORDS OF ORANGE COUNTY, FLORIDA; THENCE DEPARTING SAID SOUTH BOUNDARY,
AND ALONG SAID WEST BOUNDARY, SOUTH 00044'33" WEST, 85.00 FEET; THENCE
DEPARTING SAID WEST BOUNDARY, SOUTH 39°54'05" WEST, 420.10 FEET TO A POINT ON A
NON -TANGENT CIRCULAR CURVE, CONCAVE WESTERLY; THENCE 144.55 FEET ALONG
THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 70.00 FEET, A CENTRAL
ANGLE OF 118018'59", A CHORD WHICH BEARS SOUTH 17°09'31" WEST, A CHORD
DISTANCE OF 120.20 FEET TO A POINT; THENCE SOUTH 76°57'29" WEST, 35.00 FEET TO A
POINT ON THE NORTHERLY RIGHT OF WAY LINE OF FLORIDA TURNPIKE, SAID POINT
LYING ON A NON -TANGENT CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE ALONG
SAID NORTHERLY RIGHT OF WAY LINE, AND 1133.09 FEET ALONG THE ARC OF SAID
CURVE TO THE LEFT, HAVING A RADIUS OF 4795.60 FEET, A CENTRAL ANGLE OF
13032'16", A CHORD WHICH BEARS NORTH 56°36'51" WEST, A CHORD DISTANCE OF 1130.46
FEET; THENCE DEPARTING SAID NORTHERLY RIGHT OF WAY LINE, NORTH 00°34' 18"
WEST, 503.22 FEET; THENCE SOUTH 89037'26" WEST, 155.87 FEET TO A POINT ON THE
EASTERLY RIGHT OF WAY LINE OF PROFESSIONAL CENTER BOULEVARD; THENCE
ALONG SAID EASTERLY RIGHT OF WAY LINE, NORTH 00022'34" WEST, 194.00 FEET;
THENCE NORTH 44036'29" EAST, 70.77 FEET TO A POINT ON THE AFORESAID SOUTHERLY
RIGHT OF WAY LINE OF OLD WINTER GARDEN ROAD; THENCE ALONG SAID SOUTHERLY
RIGHT OF WAY LINE THE FOLLOWING FIVE (5) COURSES: (1) NORTH 89'42'11" EAST, 289.34
FEET; (2) SOUTH 45°18'32" EAST, 70.65 FEET; (3) NORTH 89040'56" EAST, 60.23 FEET; (4)
NORTH 44044'33" EAST, 70.65 FEET; (5) NORTH 89042'11" EAST, 306.20 FEET TO THE POINT
OF BEGINNING.
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