Manatee County Government Administrative Center Honorable Patricia M. Glass Commission Chambers 9:00 a.m. - December 10, 2019
December 10, 2019 - Regular Meeting
Agenda Item #62

Reimbursement and Impact Fee Credit Agreement for Transportation Improvements with Publix Supermarkets, Inc. - Lorraine Road at SR 70 / Publix at SR 70


Contact and/or Presenter Information
Sia Mollanazar, P.E, County Engineer, Deputy Director - Engineering Services, Ext. 7487

Robert Halbach, P.E., Project Engineer II, Ext. 7329

Action Requested
Authorization for the Chairperson to execute the "Reimbursement and Impact Fee Credit Agreement for Transportation Improvements (Lorraine Road at SR 70 / Publix at SR 70)" with Publix Super Markets, Inc. 

Adoption of the Budget Resolution B-20-024 amending the budget for Manatee County, FL for the fiscal Year 2020.  This budget amendment adjusts the FY20-24 CIP.

Enabling/Regulating Authority
Manatee County, a political subdivision empowered pursuant to Section 125.01 and Section 336.02, Florida Statutes, to undertake and fund development and construction of County roadways within its boundaries. 

Background Discussion
There are multiple proposed developments on Lorraine Road from SR 70 going north to 59th Avenue East which are as follows:
  • Along the east side of Lorraine Road, the proposed Publix is under construction at the northeast corner; the proposed apartment complex is immediately to the north of Publix Plaza. 
  • Along the west side of Lorraine Road, the existing Lakewood Ranch plaza sits at the north west corner, the proposed animal hospital is immediately north of the plaza, and the newly constructed Avaunce family development is north of the animal hospital.
  • Manatee County has an existing CIP project for the intersection improvements at Lorraine Road and SR70.  
  • Florida Department of Transportation (FDOT) has an upcoming SR70 improvement at this location scheduled for 2023.
Due to the developments outlined above, staff began dialog with each of the developments referenced above, Lakewood Ranch, and FDOT for the final build out scenario of the intersection. From this dialog was the creation of a public/private partnership to address the future needs of the intersection. 

As a result of this partnership, the Board of County Commissioners (BCC) executed an agreement with the developer of the apartment complex for their proportionate fair share of the construction cost and right-of-way needs.  Further, the BCC executed an agreement with the developer of the animal hospital for right-of-way needs.  In keeping with the partnership, an agreement with the developer of the Avaunce single family community is forth coming for right-of-way needs for Lorraine Road.

Publix Supermarkets, Inc. is developing the northeast corner of Lorraine Road and SR 70.  This public/private partnership agreement brings forth the final construction means and method and funding source to complete this year-long effort.  As part of this agreement, Publix will construct the improvements under a cash reimbursement/impact fee credit agreement. 

The total construction cost of this project is $2,660,573.00, excluding land costs.  This agreement provides a reimbursement amount of $1,526,573.00 by the County, with the balance of funds needed to be paid by the Developer in the amount of $475,000.00 and impact fee credit of $659,000.00.  The County is paying $129,932 for the right-of-way land and the project receives approximately $580,000.00 worth of right-of-way land as the proportionate fair share from multiple private partners toward the project.  

The intersection improvement is anticipated to start in January/February 2020 and to be complete by August 2020. 

County Attorney Review
Formal Written Review (Opinion memo must be attached)

Explanation of Other

Reviewing Attorney

Instructions to Board Records
Please return the executed, original reimbursement agreement to the Public Works Department, attention Sia Mollanazar, P.E., County Engineer, Deputy Director-Engineering Services. 

Please call Sia Mollanazar, P.E at Ext. 7487 or 7462 to arrange for pick-up of the signed, original.  

Please forward signed copies of the budget resolution to budget@mymanatee.org.

Cost and Funds Source Account Number and Name
$1,526,573.00 - Fund Source: SE Impact Fees 382-6094860

Amount and Frequency of Recurring Costs

Attachment:  Publix at 70-Lorraine Reimbursement Agreement. - Final 11202019.pdf
Attachment:  Exhibit A - Site Plan 11202019.pdf
Attachment:  Exhibit B - Road Improvements 11202019.pdf
Attachment:  Exhibit C - Cost Estimate 11-19-19 (002).pdf
Attachment:  Exhibit D - ROW Dedication. 11202019.pdf
Attachment:  CAO Review Comments RE_ Publix at SR 7-_Lorraine Rd Reimbursement_Credit Agreement- 11202019.pdf
Attachment:  Locator Map - Publix - Lorraine Rd at SR 70.pdf
Attachment:  B-20-024 12.10.19 SR70 @ Lorraine Road.pdf