www.mymanatee.org
Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - October 25, 2016
October 25, 2016 - Regular Meeting
Agenda Item #40


Subject
Utility Participation Agreement & Wastewater Connection Agreement for Willow Hammock

Briefings
None

Contact and/or Presenter Information

Sia Mollanazar, P.E., Deputy Director-Engineering Services, Public Works Department, Ext. 7487



Action Requested
  1. Authorization by the Board of County Commissioners for the County Administrator or his designee to execute the Willow Hammock Utility Participation Agreement for Force Main construction with Willow Lane Holdings LLC, a Florida Limited Liability Company, for a total agreement amount not to exceed $377,970.00.
  2. Authorization by the Board of County Commissioners for the County Administrator or his designee to execute the Wastewater Connection Agreement for Willow Hammock with Willow Lane Holdings LLC, a Florida Limited Liability Company, for allowing developer connection into an Alternative Connection Point and receipt of upfront payment for the Line Capacity Fee of $212,888.00.
  3. Adoption by the Board of County Commissioners and authorization for the Chairperson to execute Budget Resolution B-17-008, amending the annual budget for Manatee County, FY2016-2017, for Utility Improvements.


Enabling/Regulating Authority

Willow Hammock Utility Participation Agreement
Policy 9.2.3.3 of the Manatee County Comprehensive Plan authorizes the County to pay for the cost of additional materials necessary for oversizing any component of the wastewater collection system where a development is required to increase system capacity greater than that required by a proposed project. 

Wastewater Connection Agreement for Willow Hammock
Ordinance 15-22 as adopted by the Board of County Commissioners of Manatee County on June 2, 2015, with the Ordinance going into effect on October 1, 2015, states that a Facility Investment Fee shall be paid, which is currently $712 per equivalent single-family dwelling unit.



Background Discussion

The Developer is the owner of certain real property located in Manatee County, Florida, in Section 4, Township 33 South, Range 18 East, Section 33, Township 33 South, Range 18 East, and Section 4, Township 34 South, Range 18 East.

The Developer has submitted to the County a plan for a residential community on the property which is identified as PDR-15-01(Z)(P)/FSP-15-12 and which is known as "Willow Hammock" (the "Project").

The Developer desires to connect the Project to the County's wastewater collection system for the benefit of the Project.

Willow Hammock Utility Participation Agreement
Subject to receiving reimbursement from the County, as provided herein, the Developer is willing to construct certain utility improvements (the Utility Improvements") in conjunction with the County's Master Wastewater plan to address the future needs within the area.

Pursuant to the County's request, the Utility Improvements depicted in the Scope of Work will exceed the capacity required by the Project.

The County hereby agrees to participate in a portion of the actual costs of the Utility Improvements and acknowledges those funds to be paid to the Developer.

The Developer shall design, engineer, permit, and construct the Utility Improvements within or adjacent to the Project in accordance with the Scope of Work within the agreement.

The Utility Improvements shall consist of the following:

  1. Construction of approximately 1,610 linear feet of 12" PVC forcemain (inclusive of appurtenances and values) (reimbursable).
  2. Construction of approximately 1,950 linear feet of 8” PVC forcemain (inclusive of appurtenances and valves) (NON-reimbursable).
  3. Construction of approximately 590 linear feet of 14" HDPE directional bore forcemain (inclusive of valves and appurtenances) inside of a 20” HDPE casing pipe (reimbursable).

The above Utility Improvement is a Dry Line, in accordance with the County's Master Plan for future development and, therefore, is 100% County's cost.  (This forcemain will not be used by this Project.)

The County's obligation to reimburse the Developer shall not exceed the sum of Three Hundred and Seventy-Seven Thousand, Nine Hundred Seventy Dollars and Zero Cents ($377,970.00).

Wastewater Connection Agreement for Willow Hammock
The Developer desires to connect the Project to the County's wastewater collection system for the benefit of the Project.

The Developer has requested permission to connect to the County's Wastewater Collection system in a method deviating from the County's Wastewater System Master Plan, the "Alternative Connection."

The Alternative Connection will impose certain future costs upon the County to complete the wastewater collection system in accordance with said Master Plan.

The cost of connection, including design, permitting, and construction of the alternative connection of lines and all necessary associated upgrades and infrastructure, shall be the responsibility of the Developer.

The County is willing to allow the Developer to connect to the County's wastewater collection system through such Alternative Connection if, and only if, the Developer pays its proportionate fair share of the future build-out of the wastewater collection system in accordance with said Master Plan, as a proportionate fair share cost of providing wastewater collection service to the Project, or alternatively, as a line capacity fee adopted by the County. 

The County has established a line capacity fee, as a separate fee or a component of the County's facility investment fee (hereinafter "Line Capacity Fee"), for the wastewater service area in which the project is located.

Prior to an FSP approval, the Developer shall pay $712.00 per single-family unit (the "PFSM Payment") for the total number of single-family units approved for the Project (299 single-family units, for a total payment of $212,888.00) as the Developer's estimated proportionate fair share cost of providing wastewater line capacity for the Project.



County Attorney Review
Formal Written Review (Opinion memo must be attached)

Explanation of Other


Reviewing Attorney
Clague

Instructions to Board Records

Please return the executed, original Utility Participation Agreement and the Wastewater Connection Agreement for Willow Hammock to the Public Works Department, and the executed, attested original of the Budget Resolution, to the attention of Sia Mollanazar, P.E., Deputy Director -Engineering Services.  Please call Sia Mollanazar, P.E., at 941-708-7487 and he will arrange pick up of the signed original documents.

Please forward an executed copy of the Budget Resolution to budget@mymanatee.org



Cost and Funds Source Account Number and Name
$377,970.00

Amount and Frequency of Recurring Costs
Carmen Mosley to address


Attachment:  Copy of Check for Willow Hammock $212,888.00 recv'd 09272016.pdf
Attachment:  Utility Participation Agreement for Willow Hammock - recv'd 09272016.pdf
Attachment:  Wastewater Connection Agreement for Willow Hammock - recv'd 09272016.pdf
Attachment:  Budget Resolution B-17-008 09282016.pdf
Attachment:  CAO Comments - Willow Hammock Utility Agreements; RLS-2016-0569.pdf