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  County Administrator's Report     13. 8.    
BCC Regular Meeting Technical/Public Service Consent  
Meeting Date: 02/18/2016  
Issue:    County’s Acceptance of a Joint Use Pond Agreement with Florida Department of Transportation (FDOT)
From: Joy D. Blackmon, P.E.
Department: Public Works  
CAO Approval:

RECOMMENDATION:
Recommendation Concerning the County’s Acceptance of a Joint Use Pond Agreement with the Florida Department of Transportation - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action concerning the Joint Use Pond Agreement between the State of Florida Department of Transportation (FDOT) and Escambia County: 
 
A. Approve the FDOT Joint Use Pond Agreement which specifies the rights and obligations of FDOT and Escambia County as related to a portion of State Road (SR) 10 (US 90/Nine Mile Road) Widening Project;

B. Authorize the payment of incidental expenses associated with the recording of the documents; and

C. Authorize the Chairman or Vice Chairman to sign the Agreement and Perpetual Agreement.

[Funds for the recording of documents for these projects are available in the Engineering Escrow Account accessible by the Clerk’s office]
BACKGROUND:
At the regularly scheduled Board meeting on March 19, 2009, Escambia County and FDOT entered into a Transportation Regional Incentive Program (TRIP) Agreement for a PD&E Study which initiated the SR 10 (US 90/Nine Mile Road) Widening Project from SR 297 (Pine Forest Road) to SR 95 (US 29). During the study, the Green Pit Regional Pond (Pond B) and Untreiner Avenue Pond (Pond C) were identified as pond sites for the project.  

At the regularly scheduled Board meeting on October 17, 2013, the TRIP agreement was amended to transfer the project to FDOT. FDOT has moved forward with design plans and is requesting use of these two county ponds. As part of construction, FDOT has requested to utilize the existing county regional stormwater facilities of Green Pit Regional Pond (Pond B) and Untreiner Avenue Pond (Pond C). Currently, drainage from SR 10 is conveyed to these ponds. FDOT intends to modify both ponds, as per Agreement Item 8, to accommodate additional flow rates and capacity requirements.   

FDOT will obtain applicable Environmental Resource Permits. FDOT requests perpetual easements to reserve 2.54 acre-feet of stormwater treatment capacity within Pond B and 1.42 acre-feet of stormwater treatment capacity within Pond C, as required for the project.   

In efforts to identify mutual benefits to both parties involved, FDOT intends to modify both ponds and convey FDOT-owned property off West Roberts Road to the County for the construction of a stormwater retention pond (Agreement Item 4). This property has been identified in the 11 Mile Creek Regional Pond Study and is included in Escambia County's Needs Assessment Report.
BUDGETARY IMPACT:
Funds for the recording of documents for these projects are available in the Engineering Escrow Account accessible by the Clerk’s office.
LEGAL CONSIDERATIONS/SIGN-OFF:
Agreement and Perpetual Easements were approved as to form by Assistant County Attorney, Stephen West.
PERSONNEL:
All work associated with this request is being done in-house and no additional staff is required.
POLICY/REQUIREMENT FOR BOARD ACTION:
This action is in accordance with the provisions of Chapter 334 Florida Statues 2007
IMPLEMENTATION/COORDINATION:
Upon Board approval, the Agreement and Perpetual Easements will be recorded in the public records, with copies provided to FDOT.

Attachments
Agreement
Ponds B and C
Aerial Map
BCC Action Oct 17, 2013
BCC Action March 19, 2009

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