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Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - March 6, 2014
REVISED March 6, 2014 Land Use Meeting
Agenda Item #6


Subject
Tuttle Avenue Construction Reimbursement Agreement

Briefings
Briefing Provided Upon Request

Contact and/or Presenter Information

Sia Mollanazar, P.E., Deputy Director - Engineering Services, Public Works Dept.  (Ext 7487)



Action Requested
Authorization the Chairman to execute the Tuttle Avenue Construction Reimbursement Agreement (Woodbrook II) with Neal Communities of Southwest Florida, LLC, (Developer).

Enabling/Regulating Authority
Florida Statute, Chapter 125, Section 125.01- Powers and Duties

Background Discussion
  • The Developer, Neal Communities of Southwest Florida, LLC, is the contract purchaser of property locates in section 21, 20, 28, and 29 , Township 35 South, Range 18 East.
  • The Developer has submitted to the County a plan for a residential community on the Property which is identified as Woodbrook II (the Project).
  • The Developer proposed design of Woodbrook II requires the relocation of the existing County right-of-way for Tuttle Avenue and the exchange of right-of-way between the Developer and the County, and the parties have agreed to exchange right of way.
  • The existing right-of-way for Tuttle Avenue does not include stormwater retention or detention areas for the road and the previously approved site plan provides for stormwater facilities for Tuttle Avenue.  
  • The Developer has agreed to dedicate, convey or otherwise provide  non-exclusive easement for stormwater retention and detention in on-site stormwater ponds for the portion of Tuttle Avenue within the Project.
  • The portion of Tuttle Avenue commencing at the south boundary of the project extending to the north to Whitfield Avenue (the Tuttle Roadway Segment) shall be constructed by the Developer pursuant to the terms of this Agreement.
  • The scope of the work for the "Tuttle Roadway Segment" right-of-way shall provide for tapering the existing two-lane segment and transitioning to a divided segment that will accommodate four lanes in the future, as well as constructing two lanes north to Whitfield Avenue, as shown on the Preliminary Site Plan.
  • Construction of the Tuttle Roadway Segment will benefit the community by improving traffic circulation and adding capacity to the roadway network.   
  • The stormwater facilities are required for the portion of Tuttle Roadway Segment providing access to the Project from Whitfield Avenue.
  • The Developer or its successors or assigns [including a not for profit homeowners association] shall be responsible for maintenance of the Tuttle Avenue Stormwater Ponds, and the County shall not be responsible for maintenance of the Tuttle Avenue Stormwater Ponds.  
  • The Developer is willing to design and construct and Manatee County is willing to fund a portion of the construction cost of the Tuttle Roadway Segment.

The amount reimbursed to Developer for Developer Services shall not exceed Four Hundred Sixty Thousand Dollars ($460,000.00), plus the Engineering Cost, and the reimbursement shall be limited solely to the cost incurred in connections with that portion of the Tuttle Roadway Segment commencing at the south boundary of the Project and extending to the south line of the Project intersection located south of Whitfield Avenue.

A fixed and agreed sum of Fifteen Thousand Dollars ($15,000.00) for design, permitting and Engineering (the "Engineering Cost").



County Attorney Review
Other (Requires explanation in field below)

Explanation of Other

This agreement has been reviewed and coordinated through the County Attorney's Office, Public Works Department and the Developer.



Reviewing Attorney
Clague

Instructions to Board Records

Please return one copy of the original, signed Agreement to the Public Works Department, attention Sia Mollanazar, P.E., Deputy Director-Engineering Services, Public Works Dept.  A separate original, signed copy shall be available for pick-up by the Developer.



Cost and Funds Source Account Number and Name
$475,000 307-099003-599000 Reserve for Contingency Capital Projects

Amount and Frequency of Recurring Costs
n/a


Attachment:  Woodbrook Reimbursement Agreement with attachments for 3-6-14 BC.pdf