HomeMy WebLinkAboutItem #08 Approval of Plat for Lakewood Manor
center of Good Li
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AGENDA ITEM COVER SHEET
Meeting Date: Augtlst 1 B, 2092 - S'ev--\eY1\beY ') ( ].-00 ~
Item # -6,.~
Contact Name:
Contact Number:
David Wheeler, P.E.
(407) 905-3100 ext. 1506
Reviewed By:
Department Director:
City Manager:
~
Subject: Plat Approval for Lakewood Manor
Background Summary:
This plat is for Lakewood Manor which is 15.80 acres and located along the west side of Lakewood
Avenue, across from Wurst Road. This project consists of a 54 single family homes with its
associated amenities.
The Performance Surety Escrow Agreement has been submitted with a check to replace the
required performance bond which covers 115% or the remaining site improvements.
Issue:
The Engineering Department has verified that all required documents and signatures have been
received and requests that the Mayor and City Commission approve the plat for the Lakewood
Manor residential development.
Recommendations
A) City Staff recommends approval of the plat for Lakewood Manor as submitted and authorize
the Mayor and City Clerk to sign the plat.
B) City Staff recommends that the Mayor and City commission approve the Lakewood Manor
Performance Surety Escrow Agreement and authorize the Mayor and City Clerk to sign the
agreement.
Attachments:
Mylar Plat and Performance Surety Agreement
Financial Impact:
There is no financial impact.
Type of Item:
o Public Hearing
o Ordinance First Reading
D Ordinance First Reading
D Resolution
181 Commission Approval
D Discussion & Direction
For Clerk's DeDf Use:
D Consent Agenda
D Public Hearing
o Regular Agenda
D Original Document/Contract Attached for Execution by City Clerk
D Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by (Planning)
o N/A
o N/A
o N/A
PERFORMANCE SURETY ESCROW AGREEMENT
THIS PERFORMANCE SURETY ESCROW AGREEMENT (this "Agreement") is
entered into this 12th day of AUf!ust, 2008 by HOMES IN PARTNERSHIP, INC., a Florida
Non-Profit Corporation whose address is P.O. Box 761, Apopka, Florida 32704 (the "Owner"),
and the CITY OF OCOEE, a Florida municipal corporation whose address in 150 North
Lakeshore Drive, Ocoee, Florida 34761 (the "City").
:WJI.~~_&'~l}:JJ!:
WHEREAS, the Owner is the owner of certain real property located in the City of
Ocoee, Florida more fully described in the attached Exhibit "A" which exhibit is incorporated
herein by this reference (the "Property"); and
WHEREAS, the Owner intends to develop the Property as a subdivision known as
Lakewood Manor (the "Subdivision") and in connection therewith will install 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 Lakewood Manor Preliminary/Final Subdivision Plan
approved by the Ocoee City Commission on November 7, 2007 ; and
WHEREAS, under Section 4-4, Subdivision Review Process, of the City's Land
Development Code, the Owner is required to provide a surety for completion of the
Improvements for the Subdivision if platting is requested prior to the issuance of the Certificate
of Completion; and
WHEREAS, the Owner has requested platting of the Subdivision prior to the issuance of
the Certificate of Completion; and
WHEREAS, Owner has elected to place in escrow with the City the sum of
Two Hundred Fifteen Thousand Seven Hundred Thirty Four AND 251100 DOLLARS
($215.734.25) in order to so guaranty the completion of the Improvements within the
Subdivision as required by Section 4-4, of the Land Development Code.
NOW THEREFORE, the parties agree as follows:
SECTION 1. Establishment of Escrow Fund.
The Owner does hereby establish an escrow fund with the City in the amount of
Two Hundred Fifteen Thousand Seven Hundred Thirty Four AND 25/100 DOLLARS
($215,734.25) to guaranty the completion 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.
ORLA_ 409297.1
SECTION 2. Terms and Conditions for Return of Escrow Fund.
In the event the Owner complies with the terms and conditions of the approval of said
subdivision plan, these conditions being more specifically the completion of the Improvements
shown on the subdivision plan and specifications in accordance with the ordinances and
regulations of the City of Ocoee, Florida, in regard to subdivision improvements and according
to the plans, specifications and schedules covering said work and such approved additions,
amendments or alterations as may be made in the plans, specifications and schedules for such
work as approved by the City and shall completed all said work on or before 9-30-2008, then the
monies escrowed hereunder less all bank charges with respect to the maintenance of the escrow
fund shall be returned to the Owner.
SECTION 3. City's Rh?:ht to Draw on Escrow Fund.
The funds escrowed hereunder shall be used by the City only to complete the
Improvements upon the failure or refusal of the Owner to complete the Improvements by the
date hereinabove specified or any subsequent date provided through an agreement between the
Owner and the City for an extension of time. If the Owner fails or refuses to complete the
Improvements by the date hereinabove specified, taking into account any extensions thereof by
agreement, then the City may, but shall not be obligated to, complete the Improvements, the cost
of which shall be paid for out of the escrow fund for this purpose without notice to the Owner.
SECTION 4. Excess Funds.
In the event that the City completes the Improvements with the escrowed funds under the
terms of this Agreement, and excess funds remaining after completion of the Improvements shall
be returned to the Owner.
SECTION 5. Continued Applicability of Subdivision Ree:ulations.
This Agreement shall not be construed to relieve or release the Owner form any of its
obligations under the City Subdivision Regulations with respect to the Improvements.
SECTION 6. Construction.
This Agreement shall be construed in accordance with the laws of the State of Florida.
[Signature Page Follows]
ORLA _ 409297. I
2
IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed as
of the date and year first above written.
OWNER:
HOMES IN PARTNERSHIP, INC., a Florida
Non-profit corporation
ATTEST:
CITY OF OCOEE, FLORIDA, a Florida
Municipal corporation
By:
By:
S. Scott Vandergrift, Mayor
Beth Eikenberry, City Clerk
(SEAL)
FOR THE USE RELIANCE BY THE
CITY OF OCOEE ONLY. APPROVED
AS TO FORM AND LEGALITY
this day of
, 2008
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING
HELD ON , 2008
UNDER AGENDA ITEM NO.
FOLEY & LARDNER LLP
By:
City Attorney
ORLA_ 409297.1
3
Re\'1~ed May 2. 2008/RP
EXIUUIT '~A"
The Nortb ~ of tlw Nortbcnst v.., of tbe Sttutheast v.. of Sedion 7, Township 22 South,
Range 28 Enst, Orange Count~', Florida, LESS: thtl following described parcel:
Begin ut the Soutbwest corner of tile North % of flu: NorthcJ15t ~ of the Southeast '14 of
Section 7, Township 22 South, Range 28 F..llst, Orange Coun1)', Flnridll, run thence Nortll
0"35' lD'f FAtst lllong the 'Vest line of said Nortbeast ~ of the Soutbeast I;" a distance of 560.()
fect, tbenc(! South 88'47'28" East, 665.96 r~t, lhcnt~c Soulh tf04'43" '''est, 10.i6 feet.
tbcnt'c Soutb 89'55' 17" Enst, 647.87 feet to the East line Qfsaid Northeast ~ of tllC
Southeast 1,4, thence South 0"04'00" Wcst, 490.04 feet to tbe Southeast comer oftbc North
% of the Nortlu~ast ~ of the Southeast 'A of snid Scdiol'l 7, tJu.~nce Soutll 881:05'42" \"cst.
1319.53 teet to the point of beginning.
Subjeet to Rigllt of '''U~. o\'er the Enst 30.0 feet thereof.
Being more )lorticulnrl)' described us foHows:
Commence ot tbe Soutltwcst corner of tbe NOl'th Yi of the Nortbel,st 'A oUlle Stluth~nst 'h of
Section 7, Townsbil122 South, UIlngc 28 Enst, Ornngc Count}', Floridll~ thence fun North
O' 35' 1 0" Enst 1llong the \Vcstlinc of said Nurtbcu$t v.. of the SouthCllst lA a dishUlCC of
560.00 feel to thl'l)olnt ofbl~ginning; tbcm~c South 88'41'28" Ellst,6(.S.96 feet, thcnt'~ South
0.04'43" West, 10.76 fect tlumcc Snun189.55~17" Ellst, (i1,.Hi feet to llu~ Wt:st Right of
'\'ny lille (lfL~kkcw(}od AVCJlueJClnrcol1ll-0cuec nond; thencc.~ North 00.04'00" Ens! nloJlg
said \Vcst Right of Way line for tl distance of 582.27 feci to the NOl'tb line of the NOt'lll ~ of
the Northcnst '/. of tbe Southcllst '/.I ofsnid Section 7; thc.m~c South 86' 49'48" Wesl nlon~
said Nortll line for U lHfihlllce. of 1281.34 feel to the uforchlcntioned West line of soid
Nnr'll t~ll"l l,{; of the !"lout hCfL~l th of !iiaid SccHnn ,: thence SOUl h Ofl" 35' t 0" West ntmw sn iel