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Home My WebLink About09-054 w r ~~1. ~ r RESOLUTION NO. 09-054 A RES LOTION FINDING THAT THE REQUIRED IMPROV MENTS TO CELEBRATION POINTE HAVE NOT BEEN INSTAL ED OR COMPLETED AND AUTHORIZING THE COUNTY ~I,ATTORNEY TO FILE A CLAIM WITH THE BONDING COMPAN'~. WHEREAS, the hoard of County Commissioners of St. Lucie County, Florida, has made the following determination: 1. LoLnnd A set, LLC (LoLnnd) owns certain property in the County which it planned to develop into t e Celebration Pointe Subdivision. Mercedes Homes, Inc. (Mercedes) was to be the Developer of this property. 2. On NoverrMber 14, 2006, Mercedes signed n Subdivision Improvement Agreement with the County to complete certain required improvements to the Celebration Pointe Subdivision (C06-11-671). The improvements were to be completed by June 11, 2009, 24 months from the date the plat was recorded. 3. Mercedes provided security for this Agreement in the form of three bonds with Bond Safeguard Insurance Company: Bond Number 5024027, in the amount of Four million eight hundred and thirty-seven thousand one hundred and nineteen dollars and six cents ($4,837,119.06) for Utility Construction; Bond Number 5024026, in the amount of Three million three hundred and sixt~r-six thousand one hundred and eighty-seven dollars and fifty cents ($3,366,187.50) for Strelet/Underground Construction; and Bond Number 5024028, in the amount of Four million two hundlred and fifty-six thousand eight hundred and twenty-nine dollars and fifty cents ($4,256,829!.50) for Miscellaneous. 4. To date tl~e required improvements have not been completed, ns stated in the email from Craig Hauschild dated February 12, 2009, attached, and the County has been notified by Mercedes that the ownelr of the property wi I I no longer allow Mercedes access to the property to complete the improvements by June 11, 2009. 5. On May 2~, 2007, LoLnnd, signed a Road Improvement Agreement with the County to complete certain roadl~improvements to Jenkins Road in connection with the Celebration Pointe Subdivision (C07-05-24~). The improvements were to be completed by May 22, 2008. 6. Mercedes) provided security for this Agreement in the form of Bond Number 5026726 with Bond Safelguard Insurance Company in the amount of seven hundred and thirty five thousand thirty dollars dad forty-two cents ($735,030.42). 7. To date, these improvements have not been completed. As set forth in the December 4, 2007, letter from Craig Hauschild, Assistant County Engineer, attached, the pipe JOSEPH E. SMITH, CLERK OF THE CIR(~UIT COURT SAINT LUCIE COUNTY FILE # 3318673 03/06/2009 at 03:38 PM OR BOOK 3066 PAGE 2139 - 2141 Doc Type: IRESO RECORDING: $27.00 a I that was laid is not trine to alignment and shows signs of settlement, the pipe's lengths and elevations deviate from the plans, there is erosion around the headwalls, unimproved driveways, the signs and striping wn~ not installed or was not installed correctly, the rights-of-way were not properly sodded, and the'~,ns-builts were not furnished. Additionally, as set forth in the December 16, 2008, email from Crag Hauschild, attached, a crack has formed along the entire vertical face of the wall bisecting the!side drain, water is seeping out of a wall crack at the southeast wing of the culvert, erosion is still occuring nt the southeast mitered end section and the southwest wing wall, seepage appears to be occurring under a protruding pipe at the southwest wing wall, and the pipe at the northwest wig wall appears to have been damaged during construction/replacement activities. 8. On May 2~, 2007, LoLand signed a Road Improvement Agreement with the County to complete certdin improvements to Swain Road in connection with the Celebration Pointe Subdivision (C07-05-24~). The improvements were to be completed by May 22, 2008. 9. Mercedes) provided security for this Agreement in the form of Bond Number 5026728 with Bond Safeguard Insurance Company in the amount of four hundred and sixty-five thousand two hundred arhd seventy-seven dollars and seventy-one cents ($465,277.71). 10. To date, these improvements have not been completed. As set forth in the November 6, 2007, lettelr from Craig Hauschild, Assistant County Engineer, attached, there are inconsistencies in the co~hstruction that require corrective work to be performed on the Project including cracked sidewalks, rights-of-way that have not been sodded, the improvements to Swain Road are not protected from the surrounding construction, erosion control measures need to be removed and others need to be established, structures are incomplete, pavement striping and signage is not installed ahd the Project is overgrown with weeds due to a Inck of maintenance. 11. On May 2~, 2007, LoLand signed n Road Improvement Agreement with the County to complete certain road improvements to Peterson Road in connection with the Celebration Pointe Subdivision (C07-05-248). The improvements were to be completed by Mny 22, 2008. 12. Mercedes) provided security for this Agreement in the form of Bond Number 5026727 with Bond Safeguard Insurance Company in the amount of five hundred and twenty-one thousand three-hundred! and seven dollars and eighty-three cents ($521,307.83). 13. To date, these improvements have not been completed, as set forth in the January 11, 2008, letter from Natasha Taylor Saenz, Civil Engineer, attached, there are inconsistencies in the Certification Letter and in the construction similar to that encountered with Jenkins Road and Spain Rond. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby find that the improvements to the Celebration Pointe Subdivision, Jenkins Road, Peterson Rond and Swain Road, as required by Subdivision 1 Improvement Agreement C06-11-671 and Road Improvement Agreements C07-05-247, C07- 05-248 and C07-05-246, have not been installed or completed. 2. This Boarkl authorizes the County Attorney to file a claim with Bond Safeguard Insurance Company agaimst Bond Numbers 5024027, 5024026, 5024028, 5026726, 5026727, and 5026728. After motion and second, the vote on this resolution was as follows: Chairman Paula A. Lewis Aye Vide Chairman Charles Grande Aye Colmmissioner Doug Coward Aye Colmmissioner Chris Craft Aye Colmmissioner Chris Dzadovsky Aye PASSES AND ~~1LY ADOPTED this 24th day of February, 2009. ATTEST: 6OAR~ OF COUNTY COMMISSIONERS i ST. LUCIE COUNTY, FLORIDA BY: EPUTY C ~ ~ ~ c`~ ~~'~?~~r ~ CHAI r x~ ~ ~ ~ APPROVED AS TO LE6AL FORM ANA ~ ~ ' y=~ ~ CORRE 55 : §a it1 ~ r, ~ ~ i s~ .,~r:~~ r ~ COUNTY A O NEY