HomeMy WebLinkAboutItem #05 Windsor Landing Sub. Reuse Water System Extension
AGENDA ITEM COVER SHEET
Meeting Date: June 20, 2006
Item #
5
Reviewed By:
Department Director:
City Manager:
~~
Contact Name:
Contact Number:
David Wheeler
407 -905-3100, ext. 1505
Subject: Windsor Landings Subdivision Reuse Water System Extension
Background Summary:
This project includes extending 2000 feet of reuse main along Maguire Road to serve the Windsor Landings
Subdivision. This will supply reuse water the Windsor Landings subdivision as well as provide stub outs for
future connections at Thornebrooke Drive and the undeveloped tract southwest corner of Maguire Road and
Roberson Road. South Florida Water Management District (SFWMD) Alternative Water Supply Funding
Program had awarded a grant up to $50,000 to the City to help fund this project. City staff has worked
through the Meadow Ridge flk/a Westridge PUD developer, Pulte Home Corp., with their contractor, JEM
Equipment Corp. in getting representative costs to perform the work for the reuse pipeline.
Issue:
The City of Ocoee has the opportunity to contract with the developer of the Meadow Ridge flk/a Westridge
PUD to install the reuse main to extend the reuse service areas.
Recommendations
The Public Utilities and Engineering Departments recommend that the City Commission approve of the
contracting with Pulte Home Corp. to have their contractors perform the installation of the reuse main along
Maguire Road to Windsor Landings subdivision for $113,687.50. Staff also recommend that the City
Commission authorize the Mayor and City Clerk to execute the fourth amendment to second developer
agreement to implement the foregoing, subject to the approval of the City Engineer and City Attorney.
Attachments:
Fourth Amendment to Second Developer Agreement
Financial Impact:
The reuse main is estimated to cost $113,687.50. South Florida Water Management District (SFWMD)
Alternative Water Supply Funding Program had awarded a grant up to $50,000 to the City to help fund this
project. The remaining funding for this project is from the 2003 Utility Bond Issue through the revised CIP
approved earlier this year.
Type of Item:
o
o
o
o
o
o
Public Hearing
Ordinance First Reading
Ordinance First Reading
Resolution
Commission Approval
Discussion & Direction
For Clerk's Deaf Use:
o Consent Agenda
o 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 (Public Utilities)
D N/A
~ N/A
~ N/A
City Manager
Robert Frank
Commissioners
Danny Howell. District 1
Scott Anderson. District 2
Rusty Johnson. District 3
Joel F. Keller. District 4
Mayor
S. Scott Vandergrift
STAFF REPORT
TO:
The Honorable Mavor and City Commissioners
FROM:
David A. Wheeler, P.E.
City Engineer
DATE:
June 20, 2006
RE:
Windsor Landings Subdivision Reuse Water System Extension
ISSUE
The Engineering department requests that the City Commission approve the fourth amendment to second
developer agreement with Pulte Homes Corp. to install the Reuse Main extension along Maguire Road to
Windsor Landings
BACKGROUND/DISCUSSION
This project will consist of extending the existing reuse water main along Maguire Road approximately 2000
linear feet from Moore Road to the entrance to the Windsor Landings subdivision. This project will also provide
a stub out to the west side of Maguire Road at the Thornebrooke Drive intersection. The sidewalk along
Maguire Road will also be replaced as part of the project. This project will allow the Windsor Landings
subdivision to be connected to the City of Ocoee's reuse system. Windsor Landings reuse system is currently
tied into Orange County Utilities potable water by means of a master jumper.
This project was presented to the SFWMD in an application for Alternative Water Supply Funding to expand
the City's reuse system. In initial discussions with SFWMD, they did not realize that this area of Ocoee was
within their district. The original intent of the application was to get a project submitted to them with hopes that
by getting into the arena for grant money within a few years we would be able to get a grant to support our
future projects. The City Commission had last year authorized the use of remaining funds left over from the
Bond Issue be used towards this project.
Following the guidelines of the application requirements from SFWMD the project must be completed by the
end of August 2006. Because of SFWMD's requirements staff has moved this project forward.
The cost for the project will be $113,687.50. SFWMD is contributing up to $50,000 for the project and the City
will fund the remainder of the cost by shifting funding from other reuse projects budgeted for this year.
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THIS INSTRUMENT SHOULD BE RETURNED TO:
THIS INSTRUMENT PREPARED BY:
Nicholas N. Palmer, Esq.
FOLEY & LARDNER LLP
111 North Orange Avenue, Suite 1800
Post Office Box 2193
Orlando. FL 32802-2193
(407) 423-7656
Beth Eikenberry, City Clerk
City of Ocoee
150 K Lakeshore Drive
Ocoee, FL 34751
FOURTH AMENDMENT TO
SECOND DEVELOPER AGREEMENT
(Meadow Ridge f/kla Westridge PUD)
This FOURTH AMENDMENT TO SECOND DEVELOPER AGREEMENT (the
"Fourth Amendment") is made and entered into this _ day of
2006 by and between PULTE HOME CORPORATION, a Michigan corporation (hereinafter
referred
to
as
the
"Developer"),
whose
mailing
address
IS
and the CITY OF OCOEE, a Florida municipal
corporation (hereinafter referred to as the "City"), whose address is 150 North Lakeshore Drive,
Ocoee, Florida 34761.
WITNESSETH:
WHEREAS, Developer owns fee simple title to certain lands located within the
municipal limits of the City of Ocoee, Florida, said lands being more particularly described in
Exhibit "A" attached hereto and by this reference made a part hereof (the "Property");
WHEREAS, the Property constitutes the residential portion of the Westridge PUD (the
"Proj ect");
WHEREAS, Developer's predecessor-in-title and the City entered into that certain
Second Developer Agreement (the "Developer Agreement") dated September 7, 1993 and
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recorded September 14, 1993 in Official Records Book 4619, Page 2136, Public Records of
Orange County, Florida; and
WHEREAS, Developer's predecessor-in-title and the City entered into that certain First
Amendment to Second Developer Agreement (the "First Amendment") dated April 2, 2002 and
recorded April 16, 2002 in Official Records Book 6503, Page 464, Public Records of Orange
County, Florida; and
WHEREAS, Developer's predecessor-in-title and the City entered into that certain
Second Amendment to Second Developer Agreement (the "Second Amendment") dated
December 7, 2004 and recorded February 11, 2005 in Official Records Book 7826, Page 3809,
Public Records of Orange County, Florida; and
WHEREAS, Developer's predecessor-in-title and the City entered into that certain Third
Amendment to Second Developer Agreement (the "Third Amendment") dated March 7, 2006
and recorded April 4, 2006 in Official Records Book 8563, Page 4268, Public Records of Orange
County, Florida; and
WHEREAS, pursuant to the Developer Agreement and the approved Final Subdivision
Plan for the Property, Developer is currently constructing or plans to construct certain utility and
related infrastructure to serve the Project, including but not limited to a reuse forcemain (the
"Westridge Reuse Line"); and
WHEREAS, the City desires to extend the W estridge Reuse Line along Maguire Road to
serve the Windsor Landing subdivision; and
WHEREAS, the City has agreed to pay all applicable expenses to design, engineer,
permit and construct such an extension; and
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WHEREAS, the City has heretofore obtained from Donald W. McIntosh Associates, Inc.
("DWM") certain plans (the "Plans") dated April 7, 2006 and titled "Maguire Road Reuse Main
Extension" that identify the improvements that are desired to be made by the City (the
"Improvements"); and
WHEREAS, the Plans include the design, engineering, plans and specifications for the
Improvements; and
WHEREAS, Developer has obtained a written proposal and cost estimate from lEM
Equipment Corp. ("lEM") for the construction of the Improvements in accordance with the
Plans; and
WHEREAS, construction of the Improvements by Developer instead of the City would
(1) allow Developer to enter into a construction contract with JEM and thereby promptly begin
construction of the Improvements in coordination with the construction of the Westridge Reuse
Line; (2) reduce the administrative and supervisory burdens on the City; and (3) eliminate
potential scheduling and coordination conflicts involving the construction of the Westridge
Reuse Line and the Improvements; and
WHEREAS, the City and Developer agree that it is in the best interests of all parties for
Developer instead of the City to construct the improvements in accordance with the terms and
conditions set forth below.
NOW, THEREFORE, in consideration of the mutual premises contained herein, and
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto agree as follows:
Section 1.
Recitals. The above recitals are true and correct and are incorporated
herein by this reference.
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Section 2.
City's Improvements.
(A) Notwithstanding anything contained m the Developer Agreement, the First
Amendment, the Second Amendment or the Third Amendment to the contrary, Developer
hereby agrees to construct the Improvements for the City in accordance with the Plans prepared
by DWM. Developer hereby approves and consents to the accuracy and sufficiency of the Plans.
(B) Developer has advised the City that it intends to enter into a construction contract
(the "Construction Contract") with JEM to perform the work required to construct the
Improvements, all at a fixed price of $113,687.50. The City hereby approves Developer's use of
JEM, provided, however, that the terms and conditions of the Construction Contract shall be
subject to the review and approval of the City. The Construction Contract shall provide that the
City shall be an intended third party beneficiary of the performance obligations of JEM with
regard to the construction of the Improvements.
(C) Not later than seven (7) days from the date that the City signs this Fourth
Amendment, the City shall, at its sole cost and expense: (1) authorize Developer and JEM to
proceed to utilize the Plans to construct the Improvements; and (2) provide Developer and JEM
with all permits and govermnental approvals necessary for the construction of the Improvements
in accordance with the Plans. Developer agrees to commence construction of the Improvements
and shall proceed with due diligence in accordance with a construction schedule that shall be
approved by the City. The Improvements will be substantially completed by August 30, 2006
and finally and fully completed by September 30, 2006.
(D) The City hereby agrees to reimburse and pay to Developer the total actual cost of
construction of the Improvements based upon: (i) the fixed price of $113, 687.50 set forth in the
approved Construction Contract and (ii) construction contingency costs not to exceed an
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additional 10% of the fixed price set forth in the Construction Contract. No amounts other than
those set forth in the approved Construction Contract or this Fourth Amendment shall be
reimbursed by the City unless Developer has obtained the prior written approval of the City.
Developer shall be reimbursed in accordance with a payment schedule that is approved by the
City. Developer shall submit to the City payment applications in a form reasonably acceptable to
the City, which applications shall include, but not be limited to, waivers or releases from JEM
and any other contractor or subcontractor of Developer or others that provide goods, materials or
services related to the construction of the Improvements. Developer shall at all times fully
comply with the terms and requirements of Chapter 713, Florida Statutes so to assure that no
liens or encumbrances are placed on the Improvements and shall not allow any liens to attach to
the Property in connection therewith.
Section 3.
Effective Date. The Effective Date of this Fourth Amendment shall be the
date that the last of the parties to this Fourth Amendment has executed the same and such date
shall be inserted on the first page ofthis Fourth Amendment.
Section 4.
Prior A2reements. Except as expressly modified herein, the Developer
Agreement, the First Amendment, the Second Amendment and the Third Amendment shall
remain unchanged and in full force and effect.
IN WITNESS WHEREOF, Developer and the City have caused this Fourth
Amendment to be executed by their duly authorized officers or representatives as of the dates
and year written below to be effective on the date above written.
[Signature Pages Followl
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Signed, sealed and delivered
in the presence of:
Signature
Print/Type Name
Signature
Print/Type Name
Signature
Print/Type Name
Signature
Print/Type Name
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND
LEGALITY THIS DAY OF
-
, 2006.
FOLEY & LARDNER LLP
By:
City Attorney
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DEVELOPER:
PULTE HOME CORPORATION, a
Michigan corporation
By:
Title:
Dated:
(CORPORATE SEAL)
CITY:
CITY OF OCOEE,
a Florida municipal corporation
By:
S. Scott Vandergrift, Mayor
Attest:
Beth Eikenberry, City Clerk
Dated:
,2006
(SEAL)
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING
HELD ON
UNDER AGENDA NO.
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STATE OF
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an officer duty authorized in the State
aforesaid and in the County aforesaid, to take acknowledgements, personally appeared
,as the ofPULTE HOME CORPORATION,
a Michigan corporation, and that he acknowledged before me executing the same freely and
voluntarily under authority duly vested in him on behalf of said corporation. He [ ] is personally
known to me or [ ] produced as identification.
WITNESS my hand and official seal in the County and State last aforesaid this _
day of , 2006.
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number (if not legible on seal):
My Commission Expires (if not legible on seal):
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State
and County aforesaid to take acknowledgments, personally appeared S. SCOTT
VANDERGRIFT and BETH EIKENBERRY, well known to me to be the Mayor and City
Clerk, respectively, of the CITY OF OCOEE, a Florida municipal corporation, and that they
severally acknowledged executing the same in the presence of two subscribing witnesses freely
and voluntarily under authority duly vested in them by said municipality.
WITNESS my hand and official seal in the County and State last aforesaid this _
day of , 2006.
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number (if not legible on seal):
My Commission Expires (if not legible on seal):
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EXHIBIT "A"
(The "Property")
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