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File #: 2024-1246   
Type: Agenda Item Status: Passed
File created: 4/24/2024 In control: City Council
On agenda: 5/7/2024 Final action: 5/7/2024
Title: Approve a Third Amendment to the Contribution Agreement between the City and KAS, Ocala LLC concerning SW 44th Avenue
Attachments: 1. 3d Amendment to KAS Contribution Agreement

Submitted By: Tye Chighizola

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Presentation By: Tye Chighizola

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Department: Growth Management

STAFF RECOMMENDATION (Motion Ready):

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Approve a Third Amendment to the Contribution Agreement between the City and KAS, Ocala LLC concerning SW 44th Avenue

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OCALA’S RELEVANT STRATEGIC GOALS:

Operational Excellence, Quality of Place

PROOF OF PUBLICATION:

N/A

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BACKGROUND:  On May 3, 2022, the City Council approved a Second Amendment to a Concurrency and Contribution Agreement with KAS, Ocala LLC concerning future trips and dedication of right of way for SW 44th Avenue south of SW 20th Street.  The proposed Third Amendment to the Contribution Agreement will have no impact on the Second Amendment to the Concurrency Agreement.

 

The proposed Third Amendment to the Contribution Agreement addresses changes to some of the legal descriptions in the prior agreement, adds property for permanent and temporary easements for utilities,  revises the legal description for the roundabout on SW 44th Avenue, and allows KAS to convey the drainage retention areas by easement instead of fee simple title.   The agreement also clarifies the obligations of KAS to design, permit, and construct the various phases of the proposed East-West Road that will be located east and west of the roundabout on SW 44th Avenue.

 

FINDINGS AND CONCLUSIONS:  The Third Amendment to the Contribution Agreement is needed to complete the closing with KAS.  Staff recommends approval of the agreement.

 

FISCAL IMPACT: N/A

 

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

                     Table

                     Deny