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Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - August 11, 2015
REVISED August 11, 2015 - Regular Meeting
Agenda Item #25


Subject
University Grove Participation Agreement

Briefings
None

Contact and/or Presenter Information

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



Action Requested
Authorization for the Administrator to execute the Utility Participation Agreement with University Grove Development, LLC, for constructing an emergency generator at Lift Station #1.

Enabling/Regulating Authority

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.



Background Discussion

The Developer owns or has developed certain real property located in unincorporated Manatee County, Florida, located north of University Parkway and generally between Shade Avenue and Tuttle Avenue, more particularly described in Exhibit "A", attached hereto and incorporated herein by reference ("Property").

The Developer is currently developing the Property for mixed use purposes as part of the Project, and has received final site plan approval of Phase I of the Project (FSP-13-19) and Phase II of the Project (FSP-13-35), and the parties agree to share the cost for upgrades to the existing lift station to provide for the installation of an emergency generator.  The Developer desires to connect the Project to the County's wastewater collection/conveyance system for the benefit of the Project.  

The parties have agreed to make improvements to Lift Station #1 for the benefit of the Project and the other Developer has applied for development permits for Phases I and II of Town Center at University Groves development.  Said permits have been approved by the County and are attached hereto as Composite Exhibit "C" and incorporates herein by reference.

The County agrees to upgrade Lift Station #1 by designing, permitting, purchasing, installing, and constructing an emergency generator sized to accommodate the operation of two (2) 50 HP 460 Volt pumps ("Generator"), installing a control Panel ("Control Panel"), and constructing a small concrete pad (collectively referred to as "Utility Improvements"), as depicted and specified on the Wastewater Collection Construction Details (page 18 of  20) for Town Center at University Groves, Phase I , attached hereto as Exhibit "D."

The Developer agrees to participate in fifty percent (50%) of the remaining cost of Ninety Thousand Dollars ($90,000.00) of the designing, permitting, purchasing, installing, and constructing the Utility Improvements as set forth herein, and acknowledges that it will contribute Forth-Five Thousand Dollars ($45,000.00) as outlined herein.

The Developer and the County enter into this Agreement with the understanding that the Developer shall deliver Forty-Five Thousand Dollars ($45,000.00) to the County as its total and final contribution for the Utility Improvements, on or before (i) August 28, 2015, or (ii) ten (10) days after execution of the Agreement by the County, as per Policy 9.2.3.3 of the Manatee County Comprehensive Plan.

Manatee County has already designed the project and received bids for its construction.



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 Participation Agreement to the Public Works Department, attention 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 document.



Cost and Funds Source Account Number and Name
$45,000.00

Amount and Frequency of Recurring Costs
$0


Attachment:  Letter to Bill Clague transmitting final Utility Part Agreement 08042015.pdf
Attachment:  CAO Clague Approval Opinion of 08-04-15 for University Groves Participation Agreement 08042015.pdf