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Manatee County Government Administrative Center First Floor, Commission Chambers 9:00 a.m. - April 24, 2018
REVISED April 24, 2018 - Regular Meeting
Agenda Item #37


Subject
Willow Walk Phase II, Subphases A, B, C, D, & E, Wastewater Utility Participation Agreement

Briefings
None

Contact and/or Presenter Information

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

Scott May, P.E., Utility Engineering Division Manager, Public Works Dept., Ext. 7650



Action Requested

Authorization for the Chairman to execute the Phase II, Subphases A, B, C, D, and E, Wastewater Utility Participation Agreement with Willow Walk LLC, a Delaware Limited Liability Company.



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 Manatee County Wastewater Master Plan (transmission distribution) identifies the sewer needs for all properties along the west side of I-75 and south of Palm View Road and shows pipe size and routes of the future force main to serve the area.

For the past several years, Manatee County has entered into Private/Public partnerships with developers/developments in the area to address their immediate force main needs along with implementing portions of the future county infrastructure needs as recommended by Manatee County's Master Plan.

Thus far we have executed and installed parts of the future force main needs through three different agreements/developments.  There are only two more sections of force main installation/participation remaining that would complete the future force main needs shown in the Wastewater Master Plan.  This project, Willow Walk, Phase 2 Subphases A, B, C, D, E, is one of the two remaining projects.

The Developer, OK Willow Walk, LLC, is owner of a certain real property located in Manatee County, Florida in Section 5, 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-14-04(P)/17-S-18(P)/FSP-17-27 and which is known as Willow Walk, Phase 2 Subphases A, B, C, D, E (the "Project").  The Developer desires to connect the Project to the County's wastewater collection/conveyance system for the benefit of the Project.

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 desire for upgrading the wastewater system to address the future needs within that area.

Pursuant to the County's request, the Utility Improvements depicted in the Scope of Work will exceed the capacity required by the proposed Project.  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/conveyance system where a development is required to increase system capacity greater than that required by a proposed 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 within or adjacent to the Project in accordance with the Scope of Work within the agreement.

The County's obligation to reimburse the Developer shall not exceed the sum of Three-hundred fifty-three thousand, six hundred eighty-six dollars and sixty-three cents ($353,686.63).  A Utility Participation Agreement is attached reflecting the agreed to participation by the County in a portion of the actual cost of the utility improvements.  The Developer has submitted the contractual bids and the County has reviewed the bids.  The County finds the required participation for the upgrade to the system to be accurate in the amount of $353,686.63 for the upgraded wastewater system within Willow Walk Phase 2 Subphases A, B, C, D, E.



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., County Engineer, 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
$353,686.63 total reimbursement

Amount and Frequency of Recurring Costs
$0


Attachment:  Utility Participation Agreement - OK Willow Walk LLC.pdf
Attachment:  CAO Response to RLS - FW_Willow Walk Phase 2; Utility Participation Agreement; RLS-2018-0075 - 02232018.pdf