Submitted By: Emily W. Johnson, AICP
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Presentation By: Noel Cooper
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Department: Engineering
STAFF RECOMMENDATION (Motion Ready):
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Approve a Developer’s Agreement with B I Realty, LLC and RaceTrac, Inc. facilitating a roadway realignment of SW 40th Avenue, infrastructure improvements, and relocation of a city lift station located generally at 4040 W Silver Springs Boulevard, along with the property located directly to the south (Parcel 22866-000-02 and 22866-000-03)
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OCALA’S RELEVANT STRATEGIC GOALS:
Quality of Place, Operational Excellence
PROOF OF PUBLICATION:
N/A
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BACKGROUND:
• Petitioner: RaceTrac, Inc.
• Property Owner: B I REALTY LLC
• Agent: Robert W. Batsel, Jr., Gooding & Batsel, PLLC
For six years, the City has collaborated with Marion County, The Florida Department of Transportation (FDOT), the petitioner, and the property owner to realign SW40th Avenue on the south side of State Road 40 (SR 40) with NW 40th Avenue, north of SR 40. The realignment will create a more efficient north-south traffic flow on SW/NW 40th Avenue, allow for a signalized intersection on SR 40, and eliminate the opportunity for unsafe left turning movements from either SR 40 or 40th Avenue.
The petitioner has requested a Developer’s Agreement to develop a RaceTrac self-service station/convenience store. The petitioner has agreed to design and construct specific intersection, road, drainage, and utility improvements connected with the project. The Developer’s Agreement requires the City to reimburse the petitioner for roadway improvements, design, and construction costs. Additionally, the petitioner agrees to relocate the City’s existing lift station to improve the proposed road design. The city will share 50 percent of the cost of the lift station relocation with the petitioner.
The petitioner has coordinated with the city on conceptual drawings, which depict the preferred design for the roadway, infrastructure improvements, and the proposed relocation of the lift station. The conceptual drawings are attached to the agreement as Exhibits B and C.
FINDINGS AND CONCLUSIONS:
The proposed agreement memorializes the terms relating to the development of the properties and the design and construction of the roadway improvements with an estimated cost of $1,828,000, with a 10 percent contingency. Thus, the total amount is not to exceed $2,010,800. Additionally, the agreement provides for the city’s purchase from the petitioner, the portion of the properties on which the outlined improvements are located.
Staff recommends approval of the proposed Developer’s Agreement.
FISCAL IMPACT: The estimated cost of the roadway realignment costs is $1,828,000 with a 10 percent contingency not to exceed amount of $2,010,800. Funds for reimbursement will be requested in the adopted Fiscal Year 2025-26 budget.
PROCUREMENT REVIEW: N/A
LEGAL REVIEW: This Agreement will be reviewed and approved for form and legality by City Attorney, William E. Sexton.
ALTERNATIVE:
• Approve with changes.
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• Deny