AGENDA MARCH 9, 2011 5:00 PM 1. Meeting called to order 2. A ...

CATEGORY: ConsentAttachment(s):Developer Service Agreement AmendmentAPPROVAL OF DEVELOPER SERVICE AGREEMENT AMENDMENT FOR PARADISECOVE PHASE 2Explanation: The Paradise Cove PH. 2 project, developed by B.C. Funding, is located onBass Road south of East Irlo Bronson Memorial Highway and executed a Developer ServiceAgreement (“DSA”) with the Tohopekaliga Water Authority (“TWA”) as a condition of water,reuse, and wastewater service on March 27, 2006.The DSA allowed the DEVELOPER to install and operate a private, temporary lift station untilthe Bass Road improvements, including a new gravity sewer system, were installed. Thetemporary lift station would be decommissioned with a connection to the gravity sewer plannedwith the Bass Road improvement project. At the time of approval, the County had 90% plansfor the Bass Road project and scheduled construction to begin within 6 months. However,after the DSA was executed and the Paradise Cove project was built and accepted, OsceolaCounty delayed the Bass Road project indefinitely and it is not included in the County’s fiveyear plan to construct.The Paradise Cove Phase 1 temporary private lift station has failed several times and hasrequired TWA to repair the lift station to mitigate health hazards and the Paradise Cove Ph. 1Homeowner’s Association is not financially able to maintain the lift station.To avoid similar issues with the Phase 2 lift station in the future, TWA staff has evaluated thecondition of the Phase 2 lift station and with the addition of a telemetry system, paid for by thedeveloper, to monitor the lift station, TWA staff recommends accepting ownership of the liftstation. TWA ownership will minimize issues the Authority has experienced with the Phase 1lift station.The amended agreement DSA conditions require:6. The DEVELOPER shall transfer ownership of the lift station for Paradise CovePhase 2 to TWA. TWA shall own and maintain the lift station including, but notlimited to, the wet well, pumps, and all related appurtenances.7. The DEVELOPER agrees to pay for the lift station telemetry in accordance withthe attached AGREEMENT FOR WATER AND/OR SEWER SERVICE (Exhibit‘A’)8. All other terms, conditions, and covenants of the Developer’s Service Agreementas recorded in OR Bk 3112/ Pgs 2135 through 2148 shall remain in full force andeffect.Recommendation: Staff recommends approval of the Developer Service AgreementAmendment for the Paradise Cove Phase 2 project.C-DSA AmendParadiseCovePh2.03.09.11.rb7D