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11.11.4. WOODMERE TRADE CENTER (JOHN LLOYD) DEVELOPER'S AGREEMENT AND JERRY SMITH WAREHOUSE DEVELOPER'S AGREEMENT BUDGET ADJUSTMENT, PARTIAL PAYMENT AND RELEASE OF RETAINAGE - COUNTY PROJECTS 794 AND 749 The Board reviewed a Memorandum of November 1, 2000: DATE: NOVEMBER 15T, 2000 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: DONALD R. HUBBS. P.E. DIRECTOR OF UTILITY SE PREPARED STEVEN J DOYLE P E t.,AND STAFFEDCAPITAL PROJECTS MANAGER BY INDIAN RIVER COUNTY UTILITIES ,l / SUBJECT: WOODMERE TRADE CENTER DEVELOPER'S AGREEMENT & JERRY SMITH WAREHOUSE DEVELOPER'S AGREEMENT BUDGET ADJUSTMENT, PARTIAL PAYMENT & RELEASE OF RETAINAGE INDIAN RIVER COUNTY UTILITY PROJECT NOS. 794 & 749 RESPECTIVELY BACKGROUND & ANALYSIS: On December 7, 1999, the Board of County Commissioners approved a Developer's Agreement with John Lloyd for the Woodmere Trade Center to construct offsite water main and force main along High Street Attachment -A. Construction of the utilities (water & force main) is now complete and the Department of Utility Services have accepted the associated facilities. The Developer is now requesting reimbursement for dedicated utilities in accordance with the developer's agreement. The Woodmere Trade Center Development is located south of the Jerry Smith Warehouse project where each project mcorporated a Developer s Agreement with the County. Each Developer's Agreement compensated each owner for extension of County utilities (water and force main). The approved Developer's Agreement between the County and John Lloyd (owner of the Woodmere Trade Center) included a provision that allowed the Developer to complete the proposed utilities identified in the Jerry Smith Warehouse Project. The Woodmere Development was dependent upon utilities bemg extended by the Jerry Smith Warehouse Development located to the north. The provision in the Developer's Agreement was to ensure that the Woodmere Trade Center Development would not be impacted by failure of the Jerry Smith Warehouse Developer to extend the necessary utilities along their project within the term of the Agreement. Should Jerry Smith delay their construction then the Woodmere Trade Center Development would be unable to complete their project. The construction portion of the Jerry Smith Developer's Agreement had not commenced and had created construction delays for the Woodmere Trade Center Project. Therefore, pursuant to the Developer s Agreement, Staff mstructed the owner of the Woodmere Trade Center to further extend utilities (water and force main) along High Street to the intersection of CR -512. NOVEMBER 14, 2000 -133- BK 116 PG 145