4C1 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY PLACEMENT: CONSENT PRESET: TITLE: REQUEST TO APPROVE THE FIRST AMENDMENT TO THE CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS AND INFRASTRUCTURE FOR THE HOBE SOUND POLO CLUB AGENDA ITEM DATES: MEETING DATE: 1/24/2017 COMPLETED DATE: 1/12/2017 COUNTY ATTORNEY: 1/2/2017 ASSISTANT COUNTY ADMINISTRATOR: 1/9/2017 REQUESTED BY: DEPARTMENT: PREPARED BY: Name: Rick J. Melchiori P.E. Becker Holding Corporation Engineering Stephanie Piche Name: Procedures: None Project Manager EXECUTIVE SUMMARY: Becker B-14 Grove, Ltd. is requesting approval of the first amendment to its Contract for the Construction of the Required Improvements and Infrastructure for Hobe Sound Polo Club in accordance with the approved timetable of development pursuant to Section 4.913.B, Land Development Regulations. APPROVAL: LEG ACA CA 8083acf1 1 of 20
BACKGROUND/RELATED STRATEGIC GOAL: 1. Agreement/Contract drafted by: Krista A. Storey, Senior Assistant County Attorney and Lisa A. Wichser, P.E. Traffic Engineering / Development Review Administrator 2. Parties to the Agreement/Contract: Becker B-14 Grove, Ltd. and Martin County 3. Purpose of the Agreement/Contract: To extend the time and security provided for the construction of the required improvements and infrastructure within Hobe Sound Polo Club 4. New/Renewal/Modified: First Amendment 5. Duration: November, 26, 2018 6. Benefits to Martin County: The security is available should it become necessary for Martin County to complete the required improvements and infrastructure. 7. Cost to Martin County: none Hobe Sound Polo Club is an approved 50-lot agricultural/residential development on 1,307 acres. The property is located on the north side of SE Bridge Road, between I-95 and SR-5 (US 1 / SE Federal Highway) in western Hobe Sound. As allowed by Section 4.913.B, Land Development Regulations, Martin County, the owner, Becker B-14 Grove, Ltd., and the Board of County Commissioners executed a Contract for the Construction of the Required Improvements and Infrastructure in lieu of construction prior to the recordation of the plat. The owner has received timetable extensions as provided by the Land Development Regulations and State law. In the contract, the owner and the County agreed that the construction would be complete by January 4, 2017. The current timetable of development provides for completion of the construction of the required improvements and infrastructure by November 26, 2018. The owner has asked the Board to approve the First Amendment to the Contract for the Construction of the Required Improvements and Infrastructure within the approved development timetable. Staff has reviewed the proposed amendment and previously accepted the Engineer s Opinion of Probable Costs to complete the required improvements and infrastructure. Staff will ensure that the irrevocable letter of credit being held as security will be extended in accordance with the timeframes established in the Contract. ISSUES: None 8083acf1 2 of 20
LEGAL SUFFICIENCY REVIEW: This item has been reviewed for legal sufficiency to determine whether it is consistent with applicable law, has identified and addressed legal risks, and has developed strategies for legal defensibility. RECOMMENDED ACTION: RECOMMENDATION Move that the Board approve the First Amendment to the Contract for the Construction of the Required Improvements and Infrastructure for Hobe Sound Polo Club. ALTERNATIVE RECOMMENDATIONS Provide staff with further direction. FISCAL IMPACT: RECOMMENDATION None ALTERNATIVE RECOMMENDATIONS None DOCUMENT(S) REQUIRING ACTION: Budget Transfer / Amendment Chair Letter X Contract / Agreement Grant / Application Notice Ordinance Resolution Other: ROUTING: _ ADM _ BLD _ CDD _ COM _ ENG _ FRD _ GMD _ GSD _ ITS _ LIB _ MCA _ MPO _ PRD _ USD X CA X ACA X LEG 8083acf1 3 of 20
D SE IXI SE EH FE WY L HW Y CH BLV RA DE BRAN SE SEA TE STA ER INT 95 Hobe Sound Polo Club SE BRIDGE RD FL O R ID A Location Map Hobe Sound Polo Club TR P 4 of 20
5 of 20
6 of 20
7 of 20
8 of 20
9 of 20
10 of 20
11 of 20
12 of 20
13 of 20
14 of 20
MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS 2401 S.E. MONTEREY ROAD STUART, FL 34996 December 20, 2016 Engineering Department DOUG SMITH Commissioner, District 1 EDWARD FIELDING Commissioner, District 2 HAROLD E. JENKINS, II Commissioner, District 3 Rick J. Melchiori, P.E. Becker Holding Corporation 3150 Cardinal Drive Vero Beach. Florida 32963 via Certified Mail SARAH HEARD Commissioner, District 4 RE: Hobe Sound Polo Club (Martin County Project Number H123-003) EDWARD V. CIAMPI Commissioner, District 5 TARYN KRYZDA, CPM County Administrator SARAH W. WOODS Acting County Attorney Mr. Melchiori: On March 1, 2009, Hobe Sound Polo Club was recorded in Plat Book 16, Page 78 of the public records of Martin County, Florida. In accordance with Section 4.913.B of the Martin County Land Development Regulations, Martin County accepted security in lieu of the completion of the required improvements and infrastructure (Improvements). On April 24, 2013 Becker B-14 Grove, Ltd. (Becker) executed a Contract for Construction of Required Improvements and Infrastructure for Hobe Sound Polo Club (Contract). The Contract provided Becker the opportunity to complete the Improvements by January 4, 2017. The latest timetable extension extended the date to complete the Improvements to November 26, 2018. Since construction of the Improvements has not resumed and it is highly unlikely these Improvements can be constructed by January 4, 2017 we advise you to request the Board of County Commissioners execute an Amendment to the Contract so that its term is consistent with the latest timetable extension. We are providing you the draft language that is suggested for the Amendment and recommend that by January 11, 2017 you provide this office an executed Amendment to the Contract that extends the date to complete the Improvements until November 26, 2018 so that it can be scheduled for consideration by the Board of County Commissioners on January 24, 2017. We also ask that you provide documentation that the security will remain in place until February 26, 2019. TELEPHONE 772-288-5466 WEB ADDRESS http://www.martin.fl.us In the event the executed Amendment and the supporting documentation is not provided by January 11, 2017, Martin County may begin the proceedings necessary to collect on Bank of America s Irrevocable Standby Letter of Credit Number 3129525 and cause the Improvements to be made in accordance with the Contract. 151 of of 204 eng2017l82.docx
Hobe Sound Polo Club December 20, 2016 Page 2 of 2 Sincerely, Don G. Donaldson, P.E. Engineering Department Director / County Engineer DGD/LAW:lw Enclosure: First Amendment to the Contract for Construction of Required Improvements and Infrastructure for Hobe Sound Polo Club Copies: Robert S. Raynes, Jr., Gunster, Yoakley & Stewart, P.A. Manuel Banuelos, Bank of America Assistant Vice President Taryn Kryzda, CPM, Martin County Administrator Krista A. Storey, Martin County Sr. Assistant County Attorney 162 of of 204
FIRST AMENDMENT TO CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS AND INFRASTRUCTURE FOR HOBE SOUND POLO CLUB THIS FIRST AMENDMENT TO CONTRACT, made and entered into this 24 th day of January, 2017, by and between Becker B-14 Grove, Ltd., a Florida limited partnership, hereinafter referred to as the "Developer", and Martin County, a political subdivision of the State of Florida, hereinafter referred to as the "County"; W I T N E S S E T H: WHEREAS, Developer and County entered into a Contract for Construction of Required Improvements and Infrastructure, hereinafter referred to as Contract, dated April 24, 2013 for the development of Hobe Sound Polo Club; and WHEREAS, Developer desires to extend the completion date for the required improvements and infrastructure set out in Paragraph 1 of the Contract for Construction of Required Improvements. WHEREAS, pursuant to Section 252.363, Florida State Statutes Emergency Extensions Executive Orders 16-30, 16-43, and 16-64 for Rainfall and Executive Order 16-59 for Lake Okeechobee Discharges, the timetable to complete the construction of the Hobe Sound Polo Club was extended to November, 26, 2018. NOW, THEREFORE, the Developer and County agree as follows: 1. The completion date for the required improvements and infrastructure for Hobe Sound Polo Club is hereby extended from January 4, 2017 to November 26, 2018. 2. All the terms and conditions of the Contract for Construction of Required Improvements, which are not specifically amended or revised by this Amendment, shall remain in full force and effect as stated therein. IN WITNESS WHEREOF, the parties hereto have executed these presents on the dates indicated below. The date of this Amendment shall be the date on which this Amendment was approved by the Board of County Commissioners of Martin County, Florida. 173 of of 204
WITNESSES: DEVELOPER Name Name Becker B-14 Grove, Ltd. By: Name Title: 1701 Highway A1A, Suite 204 Vero Beach, Florida 32963 STATE OF ] COUNTY OF ] I hereby certify that on this day, before me, an officer duly authorized in the aforesaid State and County to take acknowledgments, personally appeared on behalf of the corporation, to me known to be the persons described herein and who executed the foregoing Contract for Required Improvements and Infrastructure and acknowledged before me that he executed same. Witness my hand and official seal in the County and State last aforesaid this day of, 20. NOTARY PUBLIC [NOTARY STAMP] Name: My Commission Expires: COUNTY ATTEST: BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA Carolyn Timmann, Clerk of the Circuit Court and Comptroller Doug Smith, Chair APPROVED AS TO FORM & LEGAL SUFFICIENCY: Sarah W. Woods, Acting County Attorney 184 of of 204
19 of 20
20 of 20