Manatee County Government Administrative Center Honorable Patricia M. Glass Chambers, First Floor 9:00 a.m. - September 24, 2019
September 24, 2019 - Regular Meeting
Agenda Item #43

Ellenton Commerce Park - 69th Street East Utility Reimbursement Agreement


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

Action Requested
Authorization for the County Administrator to execute the Utility Reimbursement Agreement with Benderson Development Company for the upsizing of wastewater collection/conveyance system as part of the Ellenton Commerce Park 69th Street East project. 

Enabling/Regulating Authority
Policy of the Manatee County Comprehensive Plan authorizes the County to pay for the cost of additional materials necessary for construction of any component of the wastewater collection/conveyance system where a development is required to increase system capacity greater than required for the development project.

Background Discussion
Benderson Development, "the Developer", is the owner of certain property located in Manatee County, Florida is Sections 8 & 9, Township 34 South, Range 18 East, legally described in Exhibit A, as attached.

The Developer has submitted to the County a plan for an industrial warehouse commercial development on the properties identified as PDMU-17-04(Z)(G), which is known as Ellenton Commerce Park ("the Project").  The developer desires to connect the project to the County's wastewater collection system for the benefit of the project.  The Developer will design, engineer, permit, and construct the Utility Improvements within or adjacent to the project in accordance with the County approved construction plan.  The Utility Improvements shall consist of all work detailed in the construction plans.

The Developer has proposed connecting into the County's wastewater collection system by extending a 12" force main eastward along 69th Street East from approximately 800 feet east of Trevesta Place for approximately 9,000 lineal feet.  This proposed pipe size and location is in accordance with Manatee County's Master Plan.  The Developer is willing to participate to expedite the completion of this project.  The Manatee County Wastewater Utility has agreed to participate in the construction of this project. 

The agreement requires that the Developer pay the first $200,000 towards the construction of this project for the cost of the pipe size and location as shown on the County's North County Wastewater Master Plan in exchange for Impact Fee Credits against the County's Wastewater Facility Investment Fee (FIF).  The agreement provides 100% reimbursement less $200,000 for the construction cost as defined by Manatee County Wastewater Master Plan. 

The Reimbursement Agreement for Ellenton Commerce Park Wastewater Improvements has been reviewed by the County Attorney's Office (CAO) and the County staff and found acceptable and consistent with the approved Manatee County Wastewater Master Plan.  See CAO review comments.  County staff reviewed the cost estimate and found the reimbursement costs to be reasonable and acceptable.

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 Utility Participation Agreement to the Public Works Department, attention Sia Mollanazar, P.E., County Engineer, Deputy Director - Engineering Services.

Please call Sia Mollanazar, P.E., at 941-708-7487 and he will arrange pick-up of the signed, original document.

Cost and Funds Source Account Number and Name
$1,891,358.08 - 4066097780 534000 Sewer Facility Investment Fees -Fund 406.

Amount and Frequency of Recurring Costs

Attachment:  Ellenton Commerce Park - Reimbursement Agreement Map.pdf
Attachment:  CAO review _ Utility Reimbursement and Impact Fee Credit Agreement; RLS-2019-0415.pdf
Attachment:  Utility Reimbursement Agmt 69th St E FM (CAO Changes).pdf
Attachment:  Utility Reimbursement Agmt 69th St E FM and Exhibit A - FINAL w-CAO Changes and funds 09182019.pdf
Attachment:  Exhibit B - 69th Street Force Main Extension - Construction Plans - 3-14-2019.pdf
Attachment:  Exhibit C - Ellenton Commerce Park Costs 09182019.pdf