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Agenda 04/08/2025 Item #16B12 (Memorandum of Agreement for the Bonita Estero Rail Trail (BERT) w/City of Bonita Springs and the Village of Estero for the acquisition of the Seminole Gulf Railway corridor)4/8/2025 Item # 16.B.12 ID# 2025-1128 Executive Summary Recommendation to approve the Memorandum of Agreement for the Bonita Estero Rail Trail (BERT) with the City of Bonita Springs and the Village of Estero to memorialize cooperative efforts between all parties for the acquisition of the Seminole Gulf Railway corridor, and authorize (1) the Chairman to sign the MOA; (2) Commissioner Hall to participate in a working group; and (3) participation in pre-acquisition costs not to exceed $100,000. OBJECTIVE: To memorialize the cooperation between the City of Bonita Springs, Village of Estero and Collier County in the acquisition of the Seminole Gulf Rail Line (SGRL) right-of-way from north of Wiggins Pass Road to Estero Parkway. CONSIDERATIONS: In May 2020, the County Manager’s Office was approached by the Trust for Public Lands (TPL) to begin exploring the acquisition of the SGRL from north of Wiggins Pass Road to Alico Road in coordination with the City of Bonita Springs & the Village of Estero. The intended use of the corridor is for a passive-recreation trail. Approximately 0.75 miles +/- of the railroad corridor is immediately adjacent to Conservation Collier lands (Railhead Preserve), with nearly .4 of a mile bifurcating the Preserve. In addition, a short section will facilitate the necessary roadway crossing for the extension of Veterans Memorial Boulevard. In July 2020, TPL requested the County to provide approximately $11,500 toward the cost of the corridor appraisal. This was the cost of the appraisal ($68,000) split between six entities. Former County Manager Leo Ochs authorized the participation. At the October 27, 2020, Board meeting, County Manager Ochs provided an update to the Board that the County Manager’s staff was working with the Village of Estero, City of Bonita Springs & Lee County in a joint effort facilitated by the TPL to attempt to acquire the railroad right-of-way. Appraisals were received, and the TPL attempted to negotiate an acceptable purchase price with the SGRL. However, at that time, they were unable to come to an agreement and negotiations stalled. In early 2024, the TPL was able to place the corridor from north of Wiggins Pass Road to Alico Road under contract for $82M with a closing timeframe no later than March 2026. The corridor is intended to be railbanked to preserve the opportunity for future rail use. The TPL made a presentation to the Metropolitan Planning Organization (MPO) Board in April 2024, requesting the corridor be placed on the MPO priority list as well as support for future funding requests, which was unanimously approved. The TPL is pursuing multiple state and federal funding opportunities, many of which will require a match of the potential grant award. Match requirements for most federal funds are 20% of the grant request and can be up to 50% for other funding opportunities such as legislative requests. While the City of Bonita Springs and the Village of Estero have acted specifically supporting the acquisition of the corridor and pledged several million dollars toward the purchase, Lee County has yet to do so. Therefore, an option to acquire the right-of-way in a phased manner has been negotiated with the seller to allow for a continued acquisition of the portions within Collier County, City of Bonita Springs and the Village of Estero, with a future purchase in unincorporated Lee County. Below is a breakdown of Phase 1 and Phase 2 costs per mile and value from the most current appraisal: Phase Segment Length (miles) % of Phase 1 Length Value % of Phase 1 Value Village of Estero 5.25 42.00% $29,057,515 37.91% City of Bonita Springs 5.75 46.00% $33,815,560 44.11% Collier County 1.50 12.00% $13,781,660 17.98% Phase 1 Totals 12.50 100% $76,654,735 100% Phase 2 Unincorporated Lee County 2.3 100% $7,672,979 100% It should be noted that the $13,781,660 acquisition costs attributable to the Collier County portion is anticipated to be the maximum amount. The amount could be lower based on subsequent requisite appraisals and environmental Page 2138 of 5277 4/8/2025 Item # 16.B.12 ID# 2025-1128 assessments and negotiated potential remediation costs. Should the railroad corridor be included in an upcoming targeted protection area, it would then be eligible for Conservation Collier acquisition funds. The corridor would facilitate the connection between other off-site private preserves with the already acquired Conservation Collier lands, as well as connecting existing Conservation Collier preserves. In recent conversations with the County’s local delegation, as well as in various grant funding opportunity inquiries, it has been noted that a memorandum of agreement formalizing cooperation of the involved entities is desired. The agreement would assist the entities to align their goals, objective, and emphasize the collaboration of the multiple entities toward the common goal of corridor acquisition. This item is consistent with the Collier County Strategic Plan objective to design and maintain an effective transportation system to reduce traffic congestion and improve the mobility of our residents and visitors. FISCAL IMPACT: Funds in the amount of $100,000 are available within the Transportation Capital Fund (3081), Project 60118 for pre-acquisition costs. The source of funds is transfers from the General Fund and the Unincorporated General fund. If the acquisition were to move forward, a subsequent Board action will necessary for approval and a budget amendment will be required for the County's determined share of the acquisition of $13,781,660. Potential sources of acquisition costs include Conservation Collier funds, Road Impact Fees, Gas Tax and General Fund. GROWTH MANAGEMENT IMPACT: These improvements are consistent with the Growth Management Plan Transportation Element. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality and requires majority vote for approval. -JAK RECOMMENDATIONS: To approve the Memorandum of Agreement for the Bonita Estero Rail Trail with the City of Bonita Springs and Village of Estero, and authorize: (1) the Chairman to sign the MOA; (2) Commissioner Hall to participate in a working group; and (3) participate in pre-acquisition costs not to exceed $100,000. PREPARED BY: Trinity Scott, Department Head, Transportation Management Services ATTACHMENTS: 1. MOU Bonita Estero Rail Trail Page 2139 of 5277 Page 2140 of 5277 Page 2141 of 5277 Page 2142 of 5277 Page 2143 of 5277 Page 2144 of 5277 Page 2145 of 5277 Page 2146 of 5277 Page 2147 of 5277