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HomeMy WebLinkAboutItem #06 Approval of Two-Year Warranty Surety and Maintenance, Materials, and Workmanship Escrow Agreement with Concept Development, Inc. for Zaxby’s Good Homes Road ocoee florida AGENDA ITEM COVER SHEET Meeting Date: October 11, 2016 Item # VJ ;J '}(Reviewed By: Milen D. Womack / 9' Contact Name: Development Engineer Department Director: /rl2 Contact Number: 407-554-7081 City Manager: Subject: Two-Year Warranty Surety and Maintenance, Materials, and Workman ip Escrow Agreement with Concept Development, Inc for Zaxby's Good Homes Road (District 2—Commissioner Wilsen) Background Summary: Zaxby's at Good Homes Road is a 72 seat fast food restaurant with a drive-through window located on Parcel three of the Good Homes Plaza on the corner of State Road 50 and Good Homes Road. The developer has completed construction of the infrastructure improvements and has requested a Certificate of Completion. The infrastructure improvements include public potable water line extension, sanitary sewer, and improvements to the stormwater collection system. All identified punchlist repairs have been completed and the developer is ready to start the two-year warranty period. 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 choose not to make those repairs. Concept Development has provided the City with a Check in the amount of 10% of the constructed improvements. The attached Maintenance, Materials, and Workmanship Escrow Agreement (Form 8 from the Land Development Code) acts as the executable document between the developer and the City in the event that the Surety is monetary. The Surety will be returned to the developer upon completion of the two-year warranty period and the repair of any damages caused over that two year period. Issue: Should the City accept the Surety as provided by Concept Construction for the two-year warranty for Zaxby's at Good Homes Plaza and execute the Maintenance, Materials, and Workmanship Escrow Agreement with Concept Construction? Recommendations The Development Services Department recommends the acceptance of the Surety and the execution the Maintenance, Materials, and Workmanship Escrow Agreement with Concept Construction for the Zaxby's at Good Homes Rd. Attachments: Maintenance, Materials, and Workmanship Escrow Agreement with Concept Construction. Copy of Signed Check from Concept Construction of North Florida for $882.00. Copy of Signed Cost of Improvement Breakdown. Financial Impact: There are no financial impacts to the City in accepting this two-year warranty Surety. Type of Item: (please mark with an x) Public Hearing For Clerk's Dept Use: Ordinance First Reading Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda X Commission Approval Discussion&Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. N/A Reviewed by () N/A 2 MAINTENANCE, MATERIALS, AND WORKMANSHIP ESCROW AGREEMENT This Agreement is entered into this 5 v�day of (, c-r-�be,- , 2016, by 2i71., D .- ,o�n,��t ., hereinafter referred to as "Developer" and the City of Ocoee, Z,�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 6.77 ,..2c1 /2/4.z,2 (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 day of , 2016, 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 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 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 y4-1- 1/ 1d,z el/y, L.-v i//©rc 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. 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 FOLLOW 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: Concept Development, Inc., a Florida corporation By: Print ame: -%f.f C�� —. Its: 44 Print Name S(24 fwerr"oe Print Name 3"4 •- l%C. CITY: ATTEST: CITY OF OCOEE, FLORIDA, a Florida municipal corporation By: By: City Clerk Mayor (SEAL) For the use and reliance by the City of Approved by the Ocoee City Commission at , Ocoee only. Approved as to form and a meeting held on legality this day of , 2016 under Agenda Item No. 2016. • SHUFFIELD, LOWMAN& WILSON, P.A. By: City Attorney EXHIBIT "A" PARCEL I LOT 3, GOOD HOMES PLAZA, A REPLAT, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 27, PAGE 107, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. PARCEL 2 NON-EXCLUSIVE EASEMENTS FOR THE BENEFIT OF PARCEL I AS CONTAINED. IN THE AMENDED DECLARATION OF CROSS-EASEMENTS, RIGHTS, OBLIGATIONS AND RESTRICTIONS RECORDED DECEMBER 26, 1990 IN OFFICIAL RECORDS BOOK 4248, PAGE 732, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, OVER, UNDER AND ACROSS THE LANDS DESCRIBED THEREIN. PARCEL 3 NON-EXCLUSIVE EASEMENT FOR THE BENEFIT OF PARCEL 1 AS CONTAINED IN THE RECIPROCAL ACCESS EASEMENT RECORDED DECEMBER 6, 1991, IN OFFICIAL RECORDS BOOK 4351, PAGE 4894, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, OVER, UNDER AND ACROSS THE LANDS DESCRIBED THEREIN. • MAINTENANCE, MATERIALS, AND WORKMANSHIP ESCROW AGREEMENT This Agreement is entered into this rd day of 7c fvbep , 2016, by Coin, 19 e%rrer9 ., 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 (7,7c1 ,,,mss 1-2/4zq (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 day of , 2016, 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 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 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 e i.w actin -s to guaranty the maintenance, materials, workmanship, ttructural 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. 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 FOLLOW 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: Concept Development, Inc., a Florida corporation By: � "- Print ame: a;,, Its: V Print NameASO/! S//rzy-e- (44.4.41;:‘. 4‘edr7'4L-- Print Name $c` � �la CITY: ATTEST: CITY OF OCOEE, FLORIDA, a Florida municipal corporation By: By: City Clerk Mayor (SEAL) For the use and reliance by the City of Approved by the Ocoee City Commission at Ocoee only. Approved as to form and a meeting held on legality this day of , 2016 under Agenda Item No. 2016. SHUFFIELD, LOWMAN & WILSON, P.A. By: City Attorney EXHIBIT "A" PARCEL I LOT 3, GOOD HOMES PLAZA, A REPLAT, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 27, PAGE 107, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. PARCEL 2 NON-EXCLUSIVE EASEMENTS FOR THE BENEFIT OF PARCEL I AS CONTAINED IN THE AMENDED DECLARATION OF CROSS-EASEMENTS, RIGHTS, OBLIGATIONS AND RESTRICTIONS RECORDED DECEMBER 26, 1990 IN OFFICIAL RECORDS BOOK 4248, PAGE 732, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, OVER, UNDER AND ACROSS THE LANDS DESCRIBED THEREIN. PARCEL 3 NON-EXCLUSIVE EASEMENT FOR THE BENEFIT OF PARCEL 1 AS CONTAINED IN THE RECIPROCAL ACCESS EASEMENT RECORDED DECEMBER 6, 1991, IN OFFICIAL RECORDS BOOK 4351, PAGE 4894, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, OVER, UNDER AND ACROSS THE LANDS DESCRIBED THEREIN. „5/6,2 1038 CONCEPT CONSTRUCTION OF NORTH FLORIDA 3917 NW 97TH BOULEVARD GAINESVILLE,FL 32606 DATE 7197340 n 1 4 tCo { I $ 2 0 c7 1 PAY OR C Q a I _E.-' 6L- v/..a 4•94-ei -c.:211...(.:7( v 174:11 .'eL"`"----7--, -.of DOLLAR6 8 =.7.-- 1 � THE ORDE G mer!S Bank MEMO 4//L.' T' C-e. 6 KArjgt— M, •1:06 L 20 L 7541: 320005390 LIIu0 LO 38 r� 9/30/2016 PROFESSIONAL DIRT SERVICE, INC. Zaxby's Restaurant 10 W. Lakeview Avenue, Ocoee, Florida Eustis, Florida 32726 (352)589-7000 (352)589-7000 FAX PROJECT TITLE: ZAXBY'S RESTAURANT GOOD HOMES ROAD AND SR 50, CITY OF OCOEE, FLORIDA IMPROVEMENT WITHIN FDOT RIGHT OF WAY(UTILITY EASEMENT): WATER AND IRRIGATION SERVICE SYSTEM: 1 REMOVE EXISTING BLOWOFF AND CONNECT 4"DIP(42 LF) WITH MECHANICAL LP SLEEVES 1 LS 3,200.00 3,200.00 2 RE-INSTALL BLOWOFF ASSEMBLY 1 EA 800.00 800.00 3 INSTALL 4"X 4"WATER SERVICE WITH 4"GATE VALVE AND VALVE BOX,MJ FLANGE WITH 2"TAP 1 EA 1,800.00 1,800.00 4 INSTALL POTABLE WATER METER SET AND 1 1/2"WILKINS BFP ASSEMBLY(METER AND BOX BY CITY-PAID BY OWNER) 1 EA 1,540.00 1,540.00 5 INSTALL IRRIGATION METER SET AND 1"WILKINS BFP ASSEMBLY(METER AND BOX BY CITY-PAID BY OWNER) 1 EA 1,480.00 1,480.00 6 ALL SOD(BAHIA)AND LANDSCAPE RESTORATION BY OTHERS NO BID - TOTAL COST OF IMPROVEMENT AT FDOT RIGHT OF WAY $ 8,820.00 Submitted By: Professional Dirt Service, Inc. 9-30-2016 Lito B.de Torres Date State Certified CUC057021 Chief Estimator Page 1