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Agenda 04/09/2019 Item #16A404/09/2019 EXECUTIVE SUMMARY Recommendation to approve the Amended and Restated Property Transfer and Construction Agreement between the owner of TwinEagles South, Naples Associates IV, LLLP (Owner) and Collier County (County) to construct a lake to permanently accommodate the stormwater run-off from Immokalee Road and provide the necessary easements to the County for access. OBJECTIVE: To construct a permanent lake to accommodate the stormwater run-off from Immokalee Road and grant a permanent drainage, access, and maintenance easement upon Owners property in order to access the stormwater discharge structure. CONSIDERATIONS: On March 25, 2003, the Board of County Commissioners approved a Property Transfer and Construction Agreement with The Estates at TwinEagles, Ltd for the conveyance of a road right-of-way, and several easements for the expansion of Immokalee Road, in exchange for the County’s construction of a wildlife crossing and flow-way. Through the original Agreement, TwinEagles Ltd granted the County a T emporary Drainage Easement which is recorded at OR Book 3274, Page 2645 and the County constructed a stormwater retention and treatment pond designed for the ultimate six-laning of Immokalee Road (Temporary Pond). The wildlife crossing was also completed. The current Owner, Naples Associates IV, LLLP is the successor -in-interest to TwinEagles Ltd. The owner would like to develop the land and amend the original agreement as many of the obligations have already been met. The Owner’s site development plan will permanently accommodate the stormwater run-off from Immokalee Road and will grant the County a permanent drainage, access, and maintenance easement to the discharge structure. There is no monetary compensation for the easement and will be granted with no cost to the County. FISCAL IMPACT: There is no fiscal impact related to this item. There are no additional maintenance costs associated with this Amended and Restated Agreement since the County already maintains this asset. GROWTH MANAGEMENT IMPACT: The proposed agreement is consistent with the Long Range Transportation Plan and the Growth Management Plan. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality, and requires majority support for approval. -JAK RECOMMENDATION: To approve the Amended and Restated Property Transfer and Construction Agreement to construct a lake to permanently accommodate the stormwater run-off from Immokalee Road and provide the necessary easements to the County for access. Prepared By: Trinity Scott, Transportation Planning Manager, Capital Projects, Planning, Impact Fees & Program Management Division ATTACHMENT(S) 1. Amended and Restated Agreement (PDF) 2. Property Transfer and Construction Agreement dated 3-25-03 (PDF) 3. Location Map (PDF) 16.A.4 Packet Pg. 660 04/09/2019 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.4 Doc ID: 8140 Item Summary: Recommendation to approve the Amended and Restated Property Transfer and Construction Agreement between the owner of TwinEagles South, Naples Associates IV, LLLP (Owner) and Collier County (County) to construct a lake to permanently accommodate the stormwater run -off from Immokalee Road and provide the necessary easements to the County for access. Meeting Date: 04/09/2019 Prepared by: Title: Project Manager – Capital Project Planning, Impact Fees, and Program Management Name: Laurie Beard 02/22/2019 9:00 AM Submitted by: Title: Division Director - IF, CPP & PM – Capital Project Planning, Impact Fees, and Program Management Name: Amy Patterson 02/22/2019 9:00 AM Approved By: Review: Road Maintenance Joseph Delate Additional Reviewer Completed 03/06/2019 9:57 AM Growth Management Department Lisa Taylor Additional Reviewer Completed 03/06/2019 12:36 PM Capital Project Planning, Impact Fees, and Program Management Robert Wiley Additional Reviewer Completed 03/06/2019 12:42 PM Capital Project Planning, Impact Fees, and Program Management Gerald Kurtz Additional Reviewer Completed 03/06/2019 1:02 PM Growth Management Department Judy Puig Level 1 Reviewer Completed 03/06/2019 4:36 PM Growth Management Department Gene Shue Additional Reviewer Completed 03/07/2019 11:47 AM Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 03/11/2019 8:49 AM Capital Project Planning, Impact Fees, and Program Management Trinity Scott Additional Reviewer Completed 03/12/2019 9:04 AM Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 03/12/2019 9:28 AM Growth Management Department Thaddeus Cohen Department Head Review Completed 03/13/2019 2:10 PM Growth Management Department James C French Deputy Department Head Review Completed 03/14/2019 7:19 PM Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 03/15/2019 10:08 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/15/2019 10:13 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 03/21/2019 9:40 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 03/30/2019 1:44 PM 16.A.4 Packet Pg. 661 04/09/2019 Board of County Commissioners MaryJo Brock Meeting Pending 04/09/2019 9:00 AM 16.A.4 Packet Pg. 662 16.A.4.a Packet Pg. 663 Attachment: Amended and Restated Agreement (8140 : Twin Eagles Stormwater Agreement) 16.A.4.a Packet Pg. 664 Attachment: Amended and Restated Agreement (8140 : Twin Eagles Stormwater Agreement) 16.A.4.a Packet Pg. 665 Attachment: Amended and Restated Agreement (8140 : Twin Eagles Stormwater Agreement) 16.A.4.a Packet Pg. 666 Attachment: Amended and Restated Agreement (8140 : Twin Eagles Stormwater Agreement) 16.A.4.a Packet Pg. 667 Attachment: Amended and Restated Agreement (8140 : Twin Eagles Stormwater Agreement) 16.A.4.a Packet Pg. 668 Attachment: Amended and Restated Agreement (8140 : Twin Eagles Stormwater Agreement) 16.A.4.a Packet Pg. 669 Attachment: Amended and Restated Agreement (8140 : Twin Eagles Stormwater Agreement) 16.A.4.a Packet Pg. 670 Attachment: Amended and Restated Agreement (8140 : Twin Eagles Stormwater Agreement) 16.A.4.b Packet Pg. 671 Attachment: Property Transfer and Construction Agreement dated 3-25-03 (8140 : Twin Eagles Stormwater Agreement) 16.A.4.b Packet Pg. 672 Attachment: Property Transfer and Construction Agreement dated 3-25-03 (8140 : Twin Eagles Stormwater Agreement) 16.A.4.b Packet Pg. 673 Attachment: Property Transfer and Construction Agreement dated 3-25-03 (8140 : Twin Eagles Stormwater Agreement) 16.A.4.b Packet Pg. 674 Attachment: Property Transfer and Construction Agreement dated 3-25-03 (8140 : Twin Eagles Stormwater Agreement) 16.A.4.b Packet Pg. 675 Attachment: Property Transfer and Construction Agreement dated 3-25-03 (8140 : Twin Eagles Stormwater Agreement) 16.A.4.b Packet Pg. 676 Attachment: Property Transfer and Construction Agreement dated 3-25-03 (8140 : Twin Eagles Stormwater Agreement) 16.A.4.b Packet Pg. 677 Attachment: Property Transfer and Construction Agreement dated 3-25-03 (8140 : Twin Eagles Stormwater Agreement) 16.A.4.bPacket Pg. 678Attachment: Property Transfer and Construction Agreement dated 3-25-03 (8140 : Twin Eagles 16.A.4.bPacket Pg. 679Attachment: Property Transfer and Construction Agreement dated 3-25-03 (8140 : Twin Eagles 16.A.4.bPacket Pg. 680Attachment: Property Transfer and Construction Agreement dated 3-25-03 (8140 : Twin Eagles 16.A.4.bPacket Pg. 681Attachment: Property Transfer and Construction Agreement dated 3-25-03 (8140 : Twin Eagles 16.A.4.bPacket Pg. 682Attachment: Property Transfer and Construction Agreement dated 3-25-03 (8140 : Twin Eagles 16.A.4.bPacket Pg. 683Attachment: Property Transfer and Construction Agreement dated 3-25-03 (8140 : Twin Eagles 16.A.4.bPacket Pg. 684Attachment: Property Transfer and Construction Agreement dated 3-25-03 (8140 : Twin Eagles 16.A.4.c Packet Pg. 685 Attachment: Location Map (8140 : Twin Eagles Stormwater Agreement)