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May 6, 2013
Thomas Himler, Deputy CAO for Budget,Finance and Administration
Office of the County Executive
County Administration Building, 5th
FloorUpper Marlboro, Maryland 20772
The Honorable Vernon Archer, MayorTown of Riverdale Park5008 Queensbury RoadRiverdale, Maryland 20737
The Honorable John Tabori, MayorTown of University Park6724 Baltimore AvenueUniversity Park, Maryland 20782
Re: Cafritz Property Development-CSX Crossing
Dear Messrs. Himler, Archer and Tabori:
As you are aware, there is currently pending Preliminary Plan oapplication No. 4-13002 before the Prince Georges County Planning required transportation infrastructure involves the construction of a crCSX tracks, which crossing is proposed consistent with the Jcontained in the April 26, 2013 email communication (Exhibit 1) provof the University of Maryland. A professional cost estimate1 has beLoiederman Soltesz Associates (Exhibit 2), with review by the PrCounty Department of Public Works and Transportation (DPWestimated cost to construct such a crossing is approximately $11,0estimate included a cost escalation contingency of 25%. The Dincreased the costs for various factors including inspection, testing, pthe cost escalation contingency which amounts increased the$3,273,686. Based on actual construction estimates that have been rpotential crossing locations, it is anticipated that the actual cost of cobe lower than the LSA estimate, and the true cost will not be determ
11785 Beltsville Drive
Suite 1350
Calverton, MD 20705
301-572-5009
301-572-5007 fax
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Mr. Thomas HimlerThe Honorable Vernon ArcherThe Honorable John TaboriMay 6, 2013Page 2 of 3
estimated the land value as high as $1,000,000 per acre. Collectively, these are the Tthus provide a range of $14,223,212 to $17,496,689 for the crossingsaid range still rhigher end of the scale for the Total Cost.
Condition No. 25 (b) of Zoning Map Amendment A-10018 (the Zoning ApprovalApplicant, prior to Planning Board approval of the Preliminary Plan of Subdivisionfunding mechanism using a combination of public and private funds for the crossing. We therefore proffer the following as our funding mechanism based mentioned estimate:
Private Funds Fifty Percent (50%) of the Total Cost, not to exceed t$5,000,000.00 by the Developer.
Public Funds Tax increment revenues resulting from the creation of a devedistrict created by the Town of Riverdale Park to finance an
exceed one-third (1/3) of the Total Cost, excluding thcontribution.2
Public Funds Up to up to two-thirds (2/3) of the Total Cost, excluding thcontribution, by other Federal, State or Local funding and/revenues to finance improvements resulting from a Prince Gespecial taxing district petitioned for by the Developer.3
Additionally, the DPW&T, at the Town of Riverdale Parks request, will oversee tpermitting of the streets within the proposed development, including the crossing (Esuch, Section 23-116 of the County Code requires that no permit be issued until thprincipal, has posted a performance bond in favor of Prince George's County satisfactory performance and completion of all work covered by the permit; and/or, wha payment bond to ensure timely payment to the County, subcontractors, and/or suppperformed under the permit.
Pursuant to Condition No. 26 (b) of the Zoning Approval, prior to the issuance of build
more than 100,000 square feet of commercial space and more than 120 residentialpermits, the Applicant shall have received all necessary permits and approvals for concrossing and shall have provided the DPW&T all approved financial assurance ansecurity to ensure completion of construction of the CSX crossing, and will thererequired performance bonds for the construction of the crossing at that time. The permconstruction will include a timeframe which must be verified by the DPW&T. It is construction on the crossing will commence in May 2014 and we estimate constr
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Mr. Thomas HimlerThe Honorable Vernon ArcherThe Honorable John TaboriMay 6, 2013Page 3 of 3
Zoning Approval requires the crossing to be open prior to issuance of the 383rd residenthe Preliminary Plan must conform to this condition.Collectively, the information herein addresses the requirements of Condition No. 25 (bApproval. Feel free to contact me if you have any questions.Sincerely,
Andre J. Gingles, Esq.Attachments (Exhibits 1-6)cc: Lawrence Taub, EsquireWhitney Chellis, M-NCPPC
Quynn Nguyen, M-NCPPCSusan Lareuse, M-NCPPC
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EXHIBIT 1
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Andre J. GinglesFrom: Ed Maginnis Sent:. Friday, April 26, 2013 6:02 PMTo: [email protected]; [email protected]; [email protected]
[email protected]; [email protected]; varcher@[email protected]; [email protected];* [email protected]; [email protected]; mtartaro@hyattsvilleGingles; Larry Taub ([email protected]); Jim Soltesz, P.E.; Tim Davis,[email protected]
Cc: William Joyce; Irene Redmiles; Robert M. SpecterSubject: Cafritz: University of Maryland Support for J CrossingAttachments: CSX Crossing J-3.300.pdf; maginnis.vcf
All:It hascome to the University's attention that there might besome confusion about what is meantCrossing" and the University's support for such a crossing, connectingthe Cafritz Project to River RUniversity of Maryland property. The Universitysupportsthat crossingof the CSX tracks asshownto this email and identified as Option J.3.300. The University intends to send a letter to the Plannithis alignment. For precision, Option J.3.300 should be referred to when using the shorthand phraEd MaginnisUniversity Counsel
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6%
840
+
690
+
Option "J .3.300"
RELOCATEDLAFAYETTE AVE
ACCESS TOGOLUB
PROPERTY
PROPOSEDBRIDGE
ABUTMENT
PROPOSEDBRIDGE
ABUTMENT
300'R
adius
520
+
+
6%
A
A
Section A-A
CL12'12' 5'
BIKE
6'WALK
5'BIKE
6'WALK
6%
MINIMUM 45' ROAD SCREENING BUFFER
456,241S.F.or
10.47 AC.
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EXHIBIT 2
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EXHIBIT 3
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EXHIBIT 4
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PETITION
TO CREATE CALVERT TRACT SPECIAL TAXING DISTRICT
Dated: April 19, 2013
The Honorable Rushern L. Baker, IIICounty Executive
14741 Governor Oden Bowie Drive, Suite 5032
Upper Marlboro, Maryland 20772
The County Council of Prince Georges County14741 Governor Oden Bowie DriveUpper Marlboro, Maryland 20772
This is a petition requesting the creation of a special taxing district as tha
in Section 10-269 of the Prince Georges County Code, as amended (2003 ESupplement), and as that term is used in Section 9-1301 of Article 24 of the Anno
Maryland, as amended (2011 Replacement Volume) (collectively, the Act) within
Riverdale Park, Maryland, and other action.
1. Petitioner. This petition is submitted by Calvert Tract LLC (Petitisole owner of the parcels of land generally described in Exhibit A attachedProperty). By submitting this petition, Petitioner warrants to Prince Geor
Maryland (the County) that it is authorized to execute the petition as the sole
Property.
2. Ownership of Property. Petitioner warrants to the County that it is thof the property within the proposed boundaries of the special taxing district and the
property with at least two-thirds of the assessed value of the real property within
boundaries of the special taxing district, determined as prescribed by the Act.
3. Proceedings Requested. Petitioner and its successors and assigns reqCounty Council undertake proceedings under the Act to create a special taxing
designated the Calvert Tract Special Taxing District (the District), to levy sp
the District, to issue special obligation bonds or special obligation refunding bestablish a special fund with respect to the District pursuant to the Act to finance or
or a portion of the public infrastructure improvements more particularly describedattached hereto. Petitioner further requests that the County undertake proceedings
to adopt from time to time any and all such ordinances, resolutions, executive ord
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County Council together with this petition as Exhibit C. Petitioner requests that
included in the proceedings undertaken by the County Council referenced in paragto permit modifications to such boundaries prior to the issuance of the special obl
also referenced in paragraph 3 above.
5. Purpose of the District. The purpose of the District and the specialevied by the County shall be to finance public infrastructure improvements r
development of retail, commercial, residential and office facilities within the Distr
but not limited to, a crossing over the CSX railroad tracks adjacent to the Property.
6.
Consent to Formation of District. On April 1, 2013 the Council ofRiverdale Park, Maryland adopted a resolution approving the designation and crDistrict, as required by the Act.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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EXHIBIT A
PROPERTIES INCLUDED IN THE
CALVERT TRACT SPECIAL TAXING DISTRICT
The proposed special taxing district will be comprised of portions of th
identified by account numbers 2128106, 2128072 and 2128080, as shown on the m
C.
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EXHIBIT B
DESCRIPTION OF THE PUBLIC INFRASTRUCTURE IMPROVEMEN
The specific public improvements for which financing is requested inc
limitation:
Acquisition of property and rights of way; Demolition and clearing associated with preparing the site
crossing over the CSX railroad adjacent to the Propert
Crossing);
Utilities, including the relocation of existing utilities associconstruction of the CSX Crossing;
Construction of the east and west approach to the CSX Crossigrading, retaining walls, subgrade and paving, lighting,
marking;
Construction of the CSX Crossing; Road improvements, including roads to and from the Property Landscaping and reforestation associated with the improveme Project design, engineering and other soft project costs; and Related infrastructure improvements within the District
authorized by the Act.
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EXHIBIT C
MAP OF BOUNDARIES OF CALVERT TRACT SPECIAL TAXING DIST
(See attached.)
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EXHIBIT 5
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COUNTY COUNCIL OF PRINCE GEORGE'S COUNTY, MARY
2013 Legislative Session
Resolution No. CR-28-2013
Proposed by The Chair (by request County Executive)
Introduced by Council Member Harrison
Co-Sponsors
Date of Introduction April 23, 2013
RESOLUTION
A RESOLUTION concerning1
Calvert Tract Special Taxing District2
For the purpose of designating an area within Prince Georges County, Maryland3
taxing district as that term is used in Section 10-269 of the Prince Georges Cou4
amended, and as that term is used in Section 9-1301 of Article 24 of the Annotat5
Maryland, as amended, (collectively, the Act), such special taxing district to be6
Town of Riverdale Park, Maryland and to be known as the Calvert Tract Specia7
District; providing for, and determining, various matters in connection with the 8
a special taxing district, creating a special fund with respect to the special taxing 9
providing for the introduction of a future ordinance or ordinances to provide for 10
special tax in connection with such special taxing district; pledging proceeds of s11
to be paid over to the special fund as provided in the Act; making certain finding12
determinations with respect to the special fund and the use of such fund; providin13
obligation bonds may be issued from time to time pursuant to an ordinance or or14
in accordance with the Act and secured by the special fund; and generally relatin15
Tract Special Taxing District.16
WHEREAS, Section 10-269 of the Prince Georges County Code, as amend17
CR
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CR
WHEREAS, Calvert Tract LLC, a Maryland limited liability company (the 1
owner of at least two-thirds of the assessed valuation of the real property located 2
Special Taxing District and at least two-thirds of the owners of the real property 3
the Special Taxing District and has petitioned the County to designate and create4
Taxing District within the Town of Riverdale Park, Maryland as more specificall5
within such petition; and6
WHEREAS, the Owner plans to construct a mixed use development includi7
commercial, residential and office facilities, including, but not limited to, a cross8
CSX railroad tracks adjacent to the Special Taxing District; and9
WHEREAS, such development will further economic development within t10
thus meet the public purposes contemplated by the Act; and11
WHEREAS, the Owner has requested that the County issue its special oblig12
one or more issues or series to finance infrastructure improvements within or adj13
Special Taxing District, as permitted by the Act; and14
WHEREAS, the Act authorizes the County to issue special obligation bond15
time for the purpose of providing funds to be used to fulfill one or more of the pu16
Act; and17
WHEREAS, the County will consider the introduction of an ordinance or or18
among other things, provide for the levy of a special tax on the real property with19
Taxing District, and provide that the County will apply the revenues of the Speci20
proceeds of any special obligation bonds authorized by the ordinance or ordinanc21
under the Act to fund a portion of the costs of the infrastructure improvements; a22
WHEREAS, if the County issues its special obligation bonds upon enactme23ordinance or ordinances such ordinance or ordinances will provide that the speci24
bonds shall be secured by a pledge of the Special Tax, as more specifically provi25
WHEREAS, on April 1, 2013 the Council of the Town of Riverdale Park, M26
CR
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the meanings set forth below:1
(1) Bonds means special obligation bonds, revenue bonds, notes, o2
instruments issued by the County pursuant to and in accordance with this Resolu3
(2) Special Tax means the special taxes levied and imposed by the 4
real property within the Special Taxing District pursuant to the Act.5
(3) Special Taxing District means the area within the County desig6
3 of this Resolution as a special taxing district under the Act.7
(4) Special Taxing District Fund means the special taxing district fu8
in Section 5 of this Resolution.9
SECTION 2. BE IT FURTHER RESOLVED, that acting pursuant to the A10
found and determined that the establishment of the Special Taxing District, the cr11
Special Taxing District Fund and the issuance of Bonds from time to time pursua12
for the purpose of providing funds to finance the costs of certain infrastructure im13
within or adjacent to the Special Taxing District accomplishes the public purpose14
generally promotes the health, welfare and safety of the residents of the State of M15
the County.16
SECTION 3. BE IT FURTHER RESOLVED, that an area of the Town of 17
Maryland and the County consisting of the property set forth below is hereby des18
Special Taxing District (to be known as the Calvert Tract Special Taxing Dist19
to Section 10-269(e) of the Prince Georges County Code, as amended, and Secti20
Article 24 of the Annotated Code of Maryland, as amended. The Special Taxing21
consist of property described in Exhibit A to this Resolution and as depicted in th22
hereto as Exhibit B and all adjoining roads, highways, alleys, rights of way, park23similar property. The boundaries of the Special Taxing District may be modified24
after the issuance of the Bonds as provided in Section 4 of this Resolution.25
SECTION 4. BE IT FURTHER RESOLVED, that prior to the issuance of 26
CR
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the County to reduce the area constituting the Special Taxing District or the hold1
or a representative on their behalf consents to any such reduction.2
SECTION 5. BE IT FURTHER RESOLVED, that there is hereby establish3
fund within the meaning of the Act to be designated the Calvert Tract Special T4
Fund with respect to the Special Taxing District. The taxes derived from the lev5
Tax on real property within the Special Taxing District, once such Special Tax is6
collected, shall be paid over to the Special Taxing District Fund pursuant to Sect7
1301(f)(2)(ii) of Article 24 of the Annotated Code of Maryland, as amended, and8
269(e)(2)(B) of the Prince Georges County Code, as amended. The County Exe9
Chief Administrative Officer, the Financial Officer, and other officers and emplo10
County, to the extent applicable, are hereby authorized to take all necessary steps11
establish a separate fund to be held by the County.12
SECTION 6. BE IT FURTHER RESOLVED, that Bonds may be issued fr13
pursuant to an ordinance or ordinances enacted in accordance with the Act for th14
providing funds for the financing of infrastructure improvements within or adjac15
Special Taxing District. Such ordinance or ordinances shall specify, in general d16
proposed undertaking to be financed with the proceeds of the Bonds and shall oth17
to the requirements of the Act and this Resolution.18
SECTION 7. BE IT FURTHER RESOLVED, that prior to the issuance of 19
pursuant to the ordinance or ordinances referred to in Section 6, the County shall20
levy and imposition of the Special Tax upon all real property within the Special T21
unless exempted by law or the provisions hereof, at a rate or amount designed to 22
adequate revenues to pay the principal of, interest on, and redemption premium, 23Bonds, to replenish any debt service reserve fund, to pay the County's administra24
related to the issuance of the Bonds and the creation of the Special Taxing Distri25
other purpose related to the ongoing expenses of or security for the Bonds. The 26
CR
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be illegal, invalid or unconstitutional or inapplicable to any person or circumstan1
illegality, invalidity or unconstitutionality or inapplicability shall not affect or im2
remaining provisions, sentences, clauses, sections or parts of this Resolution or th3
to other persons or circumstances. It is hereby declared to be the legislative inten4
Resolution would have been passed if such illegal, invalid, unconstitutional or in5
provision, sentence, clause, section or part had not been included herein, and as i6
circumstances to which this Resolution or any part hereof are inapplicable had be7
exempted herefrom.8
SECTION 9. BE IT FURTHER RESOLVED, that this Resolution is admin9
nature and shall take effect upon approval by the County Executive.10
Adopted this ___ day of , 2013.
COUNTY COUNCIL OF PRINCE
GEORGE'S COUNTY, MARYLA
BY: ____________________________Andrea Harrison
Chair
ATTEST:
______________________________Redis C. Floyd
Clerk of the Council
APPROVED:
CR-28
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Exhibit A
PROPERTIES INCLUDED IN THE
CALVERT TRACT SPECIAL TAXING DISTRICT
The special taxing district will be comprised of portions of the tax parcels
account identifier numbers 2128106, 2128072 and 2128080, as shown on the map in
CR-28
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Exhibit B
SPECIAL TAXING DISTRICT MAP
(Exhibit B is available as an Inclusion File in LIS.)
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EXHIBIT 6
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