SUBJECT:
Title
Request Approval of an Agreement (SW 80th Avenue 4-Laning Project) Between Marion County, a Political Subdivision of the State of Florida, and Pulte Home Company, LLC, a Michigan 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 Marion 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.
Pulte Home Company (Pulte) and Marion County (County) have multiple agreements pertaining to this project, including the Amended and Restated Development Order (ARDO) by and between Pulte and the County, 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 agreement restates and affirms certain requirements from those collective ARDO agreements that have been fulfilled by Pulte. 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).
This agreement specifies that Pulte will provide a Deed to the County for Tract L of the Stone Creek by Del Webb Solaire Phase 2 & 3 plat as recorded in Plat Book 16, Page 182 for construction of the County’s project drainage retention area (DRA) 4-A. The deed shall be recorded after appraisals have been performed, a negotiated fair market value has been determined and agreed upon, and payment has been made by the County to Pulte.
This agreement also specifies that Pulte will grant to the County a Drainage Easement to allow for the construction, installation, maintenance, repair, replacement, operation of devices, and improvements of an existing Pulte DRA for construction of the County’s project DRA 5-B2. Pulte reserves the right to relocate, alter, or modify the easement area and/or drainage improvements. In such cases, the County shall be allocated 4.07 acre-feet of storage capacity out of a permitted maximum storage capacity of 10.50 acre-feet. Additional construction requirements for the County and maintenance responsibilities for the County and Pulte are specified. The legal description and sketch shall be recorded after appraisals have been performed, a negotiated fair market value has been determined and agreed upon, and payment has been made by the County to Pulte.
In addition, this agreement requires that Pulte provide to the County a Temporary Construction Easement (TCE) for construction work associated with the SW 80th Avenue widening project. The legal description and sketch are undetermined at this time, but within ten (10) days of Pulte and the County agreeing to the area, the TCE shall be finalized, executed, and recorded in the Public Records of Marion County, Florida.
Pulte 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 and Pulte’s development plans, particularly in regard to DRA 5-B2. The Agreement provides for reimbursement of such related costs.
BUDGET/IMPACT:
Neutral. This is included in the 2025/2026 Transportation Improvement Plan as project numbers TIP073815 and STC073815.
RECOMMENDED ACTION:
Recommended action
Motion to approve the attached Agreement and authorize the Chairman and Clerk to execute the same.
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