SUBJECT:
Title
Request to Approve an Interlocal Agreement Regarding Stormwater Pond Maintenance Between Marion County and the Winding Oaks Community Development District (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:
In 2014, Marion County entered into a right-of-way agreement with Cradle Holdings, Inc. associated with the acquisition of right-of-way and drainage facilities for construction of a portion of SW 49th Avenue. The agreement anticipated that the County drainage retention areas could later be expanded to serve future development and, under Section 10.4, provided for a future agreement addressing shared maintenance costs based on each party’s use of stormwater capacity. The agreement also extended its obligations to successors and assigns. Since that time, the property has transferred from Cradle Holdings and is being developed as Winding Oaks Residential Phases 3 and 4. The existing drainage retention areas serving SW 49th Avenue are being modified and expanded to also accommodate runoff from the Winding Oaks development, creating the shared use contemplated by the original agreement.
The proposed Interlocal Agreement with the Winding Oaks Community Development District establishes the responsibilities of the County and District for these shared stormwater facilities. The district will be responsible for routine operation, maintenance, repair, replacement, and future improvements. The Agreement establishes the County’s reserved stormwater capacity in each facility and provides for cost sharing for catastrophic repairs based on each party’s capacity usage. It also preserves the County’s right to perform maintenance if the district fails to do so and provides for revised drainage easements encompassing the expanded stormwater facilities.
BUDGET/IMPACT:
None; no immediate fiscal impact.
RECOMMENDED ACTION:
Recommended action
Motion to approve and authorize the Chairman and Clerk to execute the Interlocal Agreement.
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