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Agenda 03/24/2009 Item #10G Agenda Item No. 10G March 24, 2009 Page 1 of 4 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners (BCC) review various alternatives regarding the US4I Consortium Developers Contribution Agreement (DCA) proposal and provide direction to staff. OBJECTIVE: To have the BCC review the various alternatives regarding the US4I Consortium DCA proposal and direct staff to terminate the process until adequate funding is available. CONSIDERATION: The BCC approved the initial agreement on November 13, 2007. In this fIrst agreement, the Developers had agreed to design, pennit, acquire land, construct and provide construction engineering inspection for the complete intersection construction consistent with the PD&E at the intersection ofUS4I1SR-CR95I and to construct a four lane road in the footprint of a six lane road from this intersection heading east on US41 for approximately two miles, also consistent with the PD&E study. The Developers were to post a bond for the full estimated amount of $52,938,385. The initial bond was based on the estimate provided by the firm that conducted the PD&E. - Due to the economic and real estate downturn, the Consortium was unable to post the bond within the 270 day period as required in the original DCA. On July 22, 2008, the BCC approved an extension until October 3 I, 2008 to post the bond. The county and the Consortium worked aggressively to identify funding and improvement options which would satisfy the traffic demands at this intersection and the sUlTounding area based upon the study performed by Stanley Consultants. On November 18,2008 an amended and restated Consortium DCA was approved and provided for an initial cash payment of $3,000,000 and surety for $19,522,003.65 totaling $22,522,003.65 in committed funds through 2013. These funds were to be used to proceed with a PD&E update, design, right of way acquisition and construction of at-grade improvements at the intersection of US4I and SR-CR95I. These improvements would acquire all the right of way and water management for the ultimate grade separated improvements for the intersection ofUS4I and SR- CR95 I. The Developers were unable to meet the February 18, 2009 deadline for the complete funding of the $3,000,000 cash payment and surety of $19,522,003.65. Several of the Developers were unable to secure bonds or letters of credits due to the economic dO\\'Ilturn. On February 24, 2009 the BCC terminated the amended and restated DCA due to non payment and directed staff to work with the County Attorney to review a proposal provided by the remaining developers to determine if a viable solution could be reached. Staff has considered the following alternatives: · Standard Developers Contribution Agreement --- Staff reviewed a scaled back version of the second agreement which provided sufficient funds for a study update, design and right of way acquisition. There were insufficient funds for Agenda Item NO.1 OG March 24, 2009 Page 2 of 4 construction. Without a construction phase guaranteed by the developers or the county, the standard DCA process would not satisfy the requirements in our grow1h management plan or land development code. Additionally, already vested development could challenge the DCA on the basis that additional congestion would damage their ability to develop their projects. The county would have to budget funds annually to this project to establish a committed construction phase in order for this approach to be legally sufficient. . Mid-Year AUIR update Staff reviewed traffic counts and the trip bank to consider if capacity was available based on the reduction of actual vehieles impacting the adjacent roadways. While there has been a reduction in traffic and development has slowed, the adjacent roadways would still not have enough available capacity when measured traffic and the trip bank are combined, to accommodate the new impacts without a physical improvcment completed. It should be noted that a significant amount of capacity is reserved in the trip bank for already approved development. . Economic Emergency Ordinance Staff considered the impacts of pursuing an ordinance that would suspend concurrency on case by case basis. The ordinance would be based on the premise that there is a dire need to support the local economy and that the BCC would review proposals on case by case basis under the following criteria; that the affected roadway had a significant amount of banked trips as opposed to actual trips which prohibited development. That the proposed development(s) were providing a significant public benefit by accelerating an improvement through construction or a significant phase leading to construction. That allowing the development(s) to move forward would not jeopardize health, safety and welfare of the traveling public. . Concurrency back log authority Florida Statute 163.3 I 82 provides the ability for a local jurisdiction to establish a concurrency backlog authority to address deficiencies. "Acting as the transportation concurrency backlog authority within the authority's jurisdictional boundary, the governing body of a county or municipality shall adopt and implement a plan to eliminate all identified transportation concurrency backlogs within the authority's jurisdiction using funds provided pursuant to subsection (5) and as otherwise provided pursuant to this section." Subsection (5) requires it to be funded by levying taxes within the geographic boundary of the identified deficiency. Without the county or the developer committing additional funds to a construction phase, the funds proposed by the developers would not be sufficient to create a physical improvement. FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact associated with this Executive Summary. LEGAL CONSIDERATIONS: The entire point of putting the consortium together was to create sufficient road capacity to allow the development(s) to proceed. After considerable review, the bottom line is that without actual construction taking place, or at least the relative Agenda Item No. 10G March 24, 2009 Page 3 of 4 certainty to commence construction at a later date, we can not bring the Board a legally sufficient proposal. -JAK RECOMMENDATION: That the Board of County Commissioners review the various staff alternatives and direct staff to terminate the process until the Florida Department of Transportation, the county, and/or the developers can provide sufficient funds to complete a physical improvement. Prepared By: Nick Casalanguida, Transportation Planning Director Page 1 of I Agenda Item No.1 OG March 24, 2009 Page 4 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 10G Recommendation that the Board of County Commissioners (BeG) review various alternatives regarding the US41 Consortium Developers Contribution Agreement (DCA) proposal and provide direction to staff. Meeti n9 Date: 3/24/2009 9:0000 AM A pproved By Nick Casalanguida MPQ Director Date Transportation Services Transportation Planning 3/18/2009 1 :30 PM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 3/18/20092:13 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 3/18/20094:14 PM Approved By Norm E. Feder, Alep Transportation Division Administrator Date Transportation Services Transportation Services Admin. 3/18/2009 4:20 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 3/18/20094:48 PM