Placement: Resolutions
Action Requested: Motion / Vote
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Resolution 22-R27, A Resolution to Consider and Approve Becker Road Construction Agreements.
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Submitted By: Russ Blackburn, City Manager
Strategic Plan Link: The City's Goal of high-quality infrastructure and facilities.
Executive Summary (General Business): Consider and approve Becker Road Construction Agreements for the construction of two-lane segments of Becker Road by various developers pursuant to the Southwest Area Annexation Agreement.
Presentation Information: Questions will be answered upon request.
Staff Recommendation: Move that the Council approve the Becker Road Construction Agreements.
Alternate Recommendations:
1. Move that the Council amend the recommendation and approve the Becker Road Construction Agreements.
2. Move that the Council not approve the Becker Road Construction Agreements.
Background: The City, ACR Acquisition, LLC (“ACR”), Mattamy Palm Beach, LLC (“Mattamy”), and Riverland/Kennedy II, LLC (“GL Homes”) are parties to that certain Annexation Agreement dated July 19, 2004, as amended by: that certain First Amendment to Annexation Agreement dated May 16, 2005, Second Amendment to Annexation Agreement dated July 11, 2005, Third Amendment to Annexation Agreement dated November 16, 2009, Fourth Amendment to Annexation Agreement dated November 16, 2009, Fifth Amendment to Annexation Agreement dated December 28, 2009, and Sixth Amendment to Annexation Agreement dated April 2, 2010 (collectively, the “Annexation Agreement”). Pursuant to Sections 5(e)(iii) and 5(e)(iv) of the Annexation Agreement, different developers were required to pay to the City the estimated cost of construction of certain two-lane roadway segments of Becker Road or, at the City’s election, contract for the construction and design of such roadway.
Specifically, the Annexation Agreement states, “the design, construction and administrative costs associated with the construction of [Becker Road] will reflect the Florida Department of Transportation’s current estimates for similar roadway construction.” As such, the City prepared cost estimates for the cross-section for Becker Road for the GL Homes and ACR portions of Becker Road. On November 10, 2021, the City sent GL Homes and ACR a demand for payment for the cost estimates associated with their portions of Becker Road within thirty (30) days of receipt of the demand. The City did not send Mattamy a demand for payment as Mattamy was already in the process of designing and building its portion of Becker Road.
Issues/Analysis: The City has provided GL Homes and ACR until February 15, 2022 (67 additional days from the original deadline of December 10, 2021) to negotiate mutually acceptable roadway agreements with the City. Additionally, both GL Homes and ACR had concerns about who would construct the intersection at Community and Becker Road. In order to remedy that concern, the City has been negotiating a Roadway Agreement with Mattamy that requires Mattamy to construct the Community and Becker Road intersection. The proposed Mattamy, ACR, and GL Homes Becker Road Construction Agreements are attached.
Financial Information: N/A
Special Consideration: Facilitates construction of two-lane portion of Becker Road.
Location of Project: Southern Grove Development of Regional Impact
Attachments:
1. Resolution
2. Exhibit “A” to Resolution - Riverland Becker Road Construction Agreement
3. Exhibit “B” to Resolution - ACR Becker Road Construction Agreement
4. Exhibit “C” to Resolution - Mattamy Becker Road Construction Agreement
NOTE: All of the listed items in the “Attachment” section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk.
Internal Reference Number: N/A
Legal Sufficiency Review:
Reviewed by Elizabeth L. Hertz, Deputy City Attorney. Approved as to Legal form and sufficiency by James D. Stokes, City Attorney.