SUBJECT:
Title
Request Approval of Second Amendment to Agreement Concerning Conveyance of Right of Way and Related Matters Between Marion County and Golden Ocala Equestrian Land LLC, Equestrian Operations LLC, Roberts Development Corporation, R.L.R. Investments LLC, (Budget Impact - None)
Body
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INITIATOR: |
DEPARTMENT: |
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Steven Cohoon, P.E., County Engineer |
Office of the County Engineer |
DESCRIPTION/BACKGROUND:
This is a request to approve the Second Amendment to the Agreement Concerning Conveyance of Right-of-Way and Related Matters between Marion County and Golden Ocala Equestrian Land, LLC et al., associated with the Golden Ocala/World Equestrian Center (WEC) development and the County’s NW 80th Avenue Project and the SW/NW 80th Avenue at SR 40 Intersection Improvement Project. The Original Agreement was approved on December 16, 2020 (effective January 19, 2021). The First Amendment, approved on May 4, 2021, corrected scrivener’s errors and refined valuation, survey, and closing procedures for the initial phase of conveyances while establishing the structure for remaining conveyances to occur at a later second closing.
As final design and permitting of the Environmental Resource Permit (ERP) with the water management district advanced, at a particular location, it was determined that County stormwater is routed through a two-pond system, first into a “South Pond” and then into a “North Pond.” Because the prior agreements contemplated drainage only within the “North Pond,” additional property rights are needed to implement the permitted stormwater management system and to clearly define long-term operational responsibilities. The Second Amendment therefore secures the property interests necessary under this agreement to support the NW 80th Avenue improvements and the SW/NW 80th Avenue at SR 40 Intersection improvements; clarifies the County’s responsibility to operate and maintain drainage facilities receiving County stormwater; documents Seller’s limited overflow rights into the “North Pond;” aligns all drainage facilities and easements with the ERP; and includes provisions that prevent unnecessary landscaping costs associated with rework during construction (preventing throwaway installations). Other right-of-way needs for the broader corridor projects are being pursued separately through standard County acquisition processes.
In summary, the key components of the Second Amendment provide for fee-simple conveyance of the “North Pond” to the County; the grant of drainage easements over the “South Pond” and the swale/pipe system conveying County stormwater to the “North Pond;” additional drainage easements north of the “North Pond” needed to support the County’s improvements; reservation of the Seller’s permitted overflow drainage rights into the “North Pond;” conveyance of the “Sherman Oaks Parcel” required for stormwater supporting the SW/NW 80th Avenue at SR 40 Intersection Improvement Project; deferral of landscaping and irrigation installation along the northern boundary of DRA-14.80N until after adjacent roadway construction is complete; updates to the second-closing procedures, surveys, and title commitments; and confirmation that compensation for the conveyed parcels, valued at $318,272.54, will be provided through transportation impact-fee credits.
BUDGET/IMPACT:
None
RECOMMENDED ACTION:
Recommended action
Motion to approve the Second Amendment to the Agreement Concerning Conveyance of Right-of-Way and Related Matters and authorize the Chairman and Clerk to execute the same.
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