SUBJECT:
Title
Request Approval of an Impact Fee Credit Agreement (SW 80th Ave 4-Laning Project) Between Marion County, a Political Subdivision of the State of Florida, and On Top of the World Communities, L.L.C., a Florida Limited Liability Company (Budget Impact - Neutral)
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 Agreement is intended to support the County’s SW 80th Avenue Segment 1 project which will widen SW 80th Avenue from two lanes to four lanes and add associated improvements, including roundabouts and drainage facilities between SW 90th Street to north of SW 38th Street. The project is included in the County’s Transportation Improvement Program and is funded, in part, by road impact fees.
On Top of the World Communities, L.L.C. (OTOW) and Marion County (County) have multiple agreements pertaining to this project, including the Amended and Restated Development Order (ARDO) recorded in OR Book 6445, Page 1390, the First Amendment to the ARDO recorded in OR Book 6950, Page 487, and the Second Amendment to the ARDO recorded in OR Book 8015, Page 1. This Impact Fee Credit Agreement restates and affirms certain requirements from those collective ARDO agreements that have been fulfilled by OTOW. It formalizes changes in project scheduling of the widening of SW 80th Avenue to result in less disruption to the travelling public and residents of the area (delays in some portions allowed coordination with other project phases and the adjacent road widening project of SW 38th Street). It specifies that OTOW will convey to the County additional right-of-way needs in accordance with, but not considered in, the collective ARDO agreements, including a reciprocal multimodal easement recognizing that the multimodal path along SW 80th Avenue is within both County right-of-way and OTOW property and will be impacted by the widening project. Other details include conveyances by OTOW to the County for pipe and temporary construction easements for structures and work outside of the County’s dedicated 120 feet wide right-of-way, as well as specific details relating to a fence impact.
Through this Agreement, the County will deed to OTOW its existing interests in, and OTOW will grant to the County, drainage easements to allow for the construction, installation, maintenance, repair, replacement, operation of devices, and improvements of existing County drainage retention areas (DRAs) for construction of the County’s project DRAs 1-A, 3-A, 5-A1, 6-A, 7-B, and 9-A. OTOW reserves the right to relocate, alter, or modify the easement areas and/or drainage improvements. The legal descriptions and sketches shall be recorded after appraisals have been performed, and the impact fee credits have been determined and appropriately applied.
This Agreement acknowledges that OTOW has expended resources to assist the County in designing, engineering, planning, and drafting exhibits and plans for coordination of the County’s SW 80th Avenue Segment 1 widening project with OTOW’s development plans. The Agreement provides for reimbursement of such related costs.
Lastly, this Agreement authorizes OTOW to use the impact fee credits within the Calesa Township Project, OTOW Development of Regional Impact (DRI), or to transfer and assign any portion of the credits to another developer or builder in the Calesa Township Project or OTOW DRI, or any other development located within Road Construction District #1 (i.e. West District) as allowed by the County’s impact fee ordinance.
BUDGET/IMPACT:
Neutral
RECOMMENDED ACTION:
Recommended action
Motion to approve the attached Agreement and authorize the Chairman and Clerk to execute the same.
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