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HomeMy WebLinkAboutIII (G) Approval and Authorization for Mayor and City Clerk to execute Pine-Street Joint Particcipation Agreement with Orlando-Orange County Expressway Authority Agenda 6-17-97 Item "CENTER OF GOOD LIIING-PRIDE OF Ir/STOR4NGE" MAYOR•COMMISSIONER S. SCOTT VANDERGRIFT Ocoee 0 COMMISSIONERS CITY OF OCOEE DANNY HOWELL SCOTT ANUF.RSON p 150 N. LAAPSIIC1Rf.DRIVEQ SCOTT A. GLASS p OCOEE, FLORIDA 34761-2258 NANCY 1. PARKER of aV (407)656-2322 •f 4% CITY MANAGER fP OR GOON` ELLIS SI IAPIRO STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COMMISSION FROM: JANET G. RESNIK, CAPITAL PROJECTS/CONCURRENCY ANALYST \IL! THROUGH: RUSSELL B. WAGNER, AICP, DIRECTOR OF PLANNING f DATE: JUNE 10, 1997 SUBJECT: PINE STREET -JOINT PARTICIPATION AGREEMENT ISSUE Should the Honorable Mayor and City Commission approve the attached Joint Participation Agreement with the Orlando-Orange County Expressway Authority? BACKGROUND On April 1, 1997, the City Commission held a public hearing to discuss vacating a portion of Palm Drive in concert with the possible reconfiguration of the roads in that area to improve the local transportation network in conjunction with construction of the proposed Western Beltway. As part of the future transportation plans for the City, and in order to accommodate existing local traffic in that area, staff recommended that the City acquire the necessary right-of-way to continue Pine Street to East Crown Point Road. This would enable existing local traffic to continue to have a means of traveling from Ocoee-Apopka Road to Palm Drive, north on Pine Street, and then west to East Crown Point Road. This roadway already exists today under multiple ownership, but the purchase of property under this agreement would create a public right-of-way to ensure access rights. This road would be paved in the future and a connection extending east to Lakewood Avenue would be built to serve as a collector roadway. This east-west collector facility will be needed to accommodate future growth. Staff recommends that this alternative be pursued because the location and other constraints of Palm Drive do not make that road a good candidate to serve as this east-west collector. DISCUSSION The Expressway Authority has agreed to acquire the remaining portion of the Pine Street right-of-way as part of its land acquisition phase for the Western Beltway. The property that the Authority has already acquired or intends to acquire ("Segment A" on the attached sketch) which includes the area of the bridge and related retention areas will be deeded to the City at no cost. The City of Ocoee would in turn reimburse the Authority for land acquisition costs related to the balance of the property ("Segment B" on the attached sketch). The Joint Participation Agreement formally defines and sets forth the method of repayment to the Authority. RECOMMENDATION Staff respectfully recommends that the Mayor and City Commission approve the attached Joint Participation Agreement subject to approval of Resolution 97-05. SRP97022 �V( c\AII_data\Wpdocs\CORRESPONDENCE\STAFFREPORTS\pineagmt.sr /, JOINT PARTICIPATION AGREEMENT FOR THE ACQUISITION OF PROPERTY GENERALLY KNOWN AS PINE STREET BETWEEN THE CITY OF OCOEE AND THE ORLANDO-ORANGE COUNTY EXPRESSWAY AUTHORITY This is an agreement ("Agreement') by and between the CITY OF OCOEE, a Florida municipal corporation (the "City") and the ORLANDO-ORANGE COUNTY EXPRESSWAY AUTHORITY, a political subdivision of the State of Florida (the "Authority"), and is based upon the following premises: WHEREAS, the Authority is in the process of designing the Western Beltway through a portion of the City and the proposed plans call for (I) the closing of Palm Drive where it intersects with the Western Beltway, (ii) a new bridge to be designed and constructed over Pine Street, and (iii) Pine Street to be extended to East Crown Point Road; and WHEREAS, the City has agreed to vacate the portion of Pine Street where it intersects with the Western Beltway in consideration for the Authority entering into this Agreement; and WHEREAS, the City and the Authority agree that in connection with the dosing of Palm Drive, it is desirable to extend Pine Street from its current terminus to East Crown Point Road. as depicted on the sketch attached hereto as Exhibit"A"and by this reference made a part hereof(the "Sketch"), to coincide with road plans outlined in the City's Comprehensive Plan and the City's Future Transportation Projects Map; and WHEREAS, the Authority has already acquired or intends to acquire the portion of the extended Pine Street identified as "Segment A"on the Sketch, all at no cost or expense to the City, which segment includes the location of the proposed bridge over Pine Street and related retention areas needed to construct a roadway extending Pine Street from its existing terminus to East Crown Point Road; and WHEREAS, in order to extend Pine Street from its existing terminus to Segment A. it is necessary for additional land to be acquired for right-of-way purposes, as more specifically depicted on the Sketch and identified as "Segment B" on the Sketch; and WHEREAS, the Authority has agreed to acquire the land for Segment B subject to the terms, conditions and limitations set forth herein; and WHEREAS, it is beneficial to the City, its citizens and the Authority, and it is most practical, expeditious and economical, for the Authority to acquire the land for Segment B and to subsequently convey the land for Segment A and Segment B to the City. NOW, THEREFORE, in consideration of the mutual benefits to be described from the joint participation of this Agreement, the parties agree as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein by reference. 1 2. Acquisition and Conveyance by Authority. The Authority shall acquire unencumbered fee simple title to Segment B and to incur costs related or necessary in connection therewith. Costs incurred include, without limitation, reasonable attomey's fees and appraisal costs and, if necessary, condemnation awards, damages, costs and expenses (collectively the "Total Segment B Cost"). Such costs shall be incurred in order to create a right-of-way for Pine Street of no less than sixty(60)feet in width at all points within Segment B. Following acquisition of Segment B, but in no event later than a date thirty (30) days prior to the date the Authority intends to commence construction of the Western Beltway on the vacated portion of Palm Drive (the "Conveyance Date"), the Authority shall convey to the City unencumbered fee simple title to the land underlying Segment A and Segment B, including any retention pond areas reasonably associated therewith. The conveyance shall be for road right-of-way purposes associated with the ultimate construction of the extension of Pine Street. 3. Reimbursement by City. Subject to the terms and conditions set forth herein, the City shall reimburse the Authority for the Total Segment B Cost (excluding Authority overhead). The City shall reimburse the Authority for the Total Segment B Cost in fourteen (14) payments of equal amount, the first payment of which shall be made within forty-five (45) days after the Conveyance Date and subsequent payment shall be made in six(6) month intervals thereafter until the Authority has been fully reimbursed for the Total Segment B Cost. No interest shall accrue on any amount owed by the City to the Authority. The installment payments are further conditioned upon the following: a. The Authority shall provide the City with invoices and other documentation sufficient to evidence the Authority has incurred the requisite costs; and b. The Authority shall provide the City with a letter from a person authorized to confirm the Authority has incurred the requisite costs. 4. Pine Street Bridge. The final design of the Western Beltway will include a bridge over Pine Street and when the Western Beltway is constructed, the Authority will construct such bridge at its sole cost and expense. 5. Capital Improvement Program Amendment. Nothing herein shall be construed to obligate the City to incur any costs or expenses associated with the extension of Pine Street or the construction of improvements thereon, except in the manner and as expressly set forth herein. However, the City shall amend its Capital Improvement Program to be consistent with its financial obligations under this Agreement. The City has made no commitment to fund road construction improvements on Segment A and Segment B. 6. Status Reports. The Authority shall provide acquisition progress reports to the City in the standard format used by the Authority and at intervals reasonably established by the City. The City shall be entitled at all times to be advised, at its request, as to the status of acquisitions by the Authority and of non-confidential details thereof. Either party to this Agreement may request and be granted a conference. 7. Copies. The City shall have the right to use and access, without unreasonable restriction, the originals of all tracings, plans, specifications, maps, models, permits, applications and/or reports, any of which are prepared or obtained under this Agreement. However, the City's 2 use right herein provided shall not constitute any warranty by the Authority in connection therewith, nor shall the Authority incur or assume any liability as a result of such use by the City. 8. Records. The Authority shall keep complete records and accounts in order to record complete and correct entries as to all payments. Invoices for reimbursement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. 9. Term of Agreement. This Agreement shall continue in effect and be binding upon the parties until the land underlying Segment A and Segment B has been conveyed in its entirety by the Authority to the City, any subsequent litigation has been completed and terminated, finai costs are known, all reimbursements required hereunder have been made by the City to the Authority, and the Authority has completed construction of the proposed bridge over Pine Street. 10. Enforcement. This Agreement shall be enforceable by either party by an action for specific performance, but not monetary damages. 11. Necessity. The City confirms and asserts the acquisition of Segment B (as set forth hereunder) is necessary, practical and in the best interests of the citizens of the City of Ocoee, and hereby authorizes and requests the Authority to proceed with said acquisition. However, the Authority's obligations hereunder are strictly contingent upon a determination of necessity and that the exercise of its powers hereunder is otherwise duly authorized by law. 12. Incorporation. This document incorporates and includes all prior negotiating, correspondence, conversations, agreements or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. IN WITNESS WHEREOF, the Authority has caused this Agreement to be executed on its behalf this_day of , 1997 by ,who is authorized to enter into and execute the same by Resolution No. of the Authority on the _day of , 199_, and the City has executed this Agreement by its Mayor and City Clerk, authorized to enter into and execute the same on the_day of , 199_ CITY: CITY OF OCOEE, a Florida municipal corporation By: S. Scott Vandergrift Mayor Attest: Jean Grafton City Clerk (SEAL) 3 FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY CITY OF OCOEE, FLORIDA. COMMISSION AT A MEETING HELD ON APPROVED AS TO FORM AND _, 1997 LEGALITY THIS DAY OF UNDER AGENDA ITEM NO. , 1997_ FOLEY & LARDNER By: City Attorney AUTHORITY: ORLANDO-ORANGE COUNTY EXPRESSWAY AUTHORITY, a political subdivision of the State of Florida By: Name: Title: Attest: APPROVED AS TO FORM THIS DAY OF 1997. AKERMAN. SENTERFITT & EIDSON, P.A. By: Thomas T. 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