SUBJECT:
Title
Request Approval of Developer’s Agreement and Agreement Concerning Stormwater Facilities Relocation with Impact Fee Credits for Construction Associated with the Emerson Pointe Subdivision and NE 35th Street (Budget Impact - Revenue of $74,373 and Impact Fee Credit Not to Exceed $319,938)
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INITIATOR: DEPARTMENT:
Steven Cohoon, P.E., County Engineer Office of the County Engineer
DESCRIPTION/BACKGROUND:
Marion County intends to widen NE 35th Street adjacent to the Emerson Pointe Subdivision and had planned stormwater conveyance and a drainage retention area (DRA) within the subdivision’s boundary. The Developer (Emerson Pointe Development, LLC) of the subdivision has agreed to convey to the County additional right-of-way (ROW) for NE 35th Street, and, in lieu of the County acquiring portions of the subdivision property, accept the stormwater from the NE 35th Street public ROW into the subdivision’s stormwater management system. The County will be provided a drainage easement and will share in future costs of catastrophic maintenance (not routine maintenance) of the stormwater management system.
The Developer has obligations for intersection improvements associated with the subdivision’s entrance off NE 35th Street. As these improvements will be impacted by the widening of NE 35th Street, the County will facilitate these improvements with the NE 35th Street road widening project.
Upon recording the dedication of the ROW for NE 35th Street and the drainage easement, the County shall be obligated to Developer an amount of $123,250. The Developer shall credit this amount toward the estimated $197,623 cost of intersection improvements. The difference of $74,373 shall be paid by Developer to County simultaneously with the Developer’s conveyance of the drainage easement.
The County also owes the Developer a portion of construction cost associated with the stormwater management system. This cost may be as much as $319,938 but is anticipated to be less, as the Developer will provide a credit for all dirt excavated from the drainage retention area that is usable on site. The Developer will accept impact fee credits in lieu of cash payment and requests that such credits not expire for twenty (20) years from the effective date of the Agreement.
In support of the above described activity, a Developer’s Agreement and Agreement Concerning Stormwater Facilities Relocation is being presented for the Board’s consideration. A super majority vote will be required for this agenda item.
BUDGET/IMPACT:
Revenue of $74,373 to the Transportation Maintenance Fund and Impact Fee Credit not to exceed $319,938.
RECOMMENDED ACTION:
Recommended action
Motion to approve the attached Developer’s Agreement and Agreement Concerning Stormwater Facilities Relocation, and authorize the Chairman and Clerk to execute the agreement.
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