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Agenda 12/13/2022 Item #11B (Developer Agreement with Hogan Farms LLC)12/13/2022 EXECUTIVE SUMMARY Recommendation to approve the Developer Agreement with Hogan Farms, LLC, (Developer) that will reserve right-of-way and stormwater management for the future widening of Immokalee Road, reservation for future intersection improvements at Immokalee Road and Red Hawk Lane, and provide for a commitment to swap land to accommodate intersection improvements at Camp Keais Road and Immokalee Road. OBJECTIVE: For the Developer to provide right-of-way and easements to support future capital improvements including Immokalee Road widening, Immokalee Road & Redhawk Lane intersection improvements and swap lands for improvements to the intersection of Immokalee Road and Camp Keais Road. CONSIDERATIONS: Based on growth in the area, the County may need to expand Immokalee Road in the vicinity of the project. In order to facilitate future expansion, additional right -of-way along the frontage of the Brightshore Stewardship Receiving Area, as well as stormwater management will be required. The Developer has agreed to reserve 100’ of land along the southern property boundary to accommodate the widening, as well as a pond site to facilitate future stormwater management needs. Reimbursement will be based on the market value of the land as set aside just prior to the Stewardship Receiving Area action. It shall be equal to the average of two appraisals from accredited appraisers who are mutually agreed upon by the parties. The cost of the appraisals will be shared equally between the County and the Developer. The Developer has committed to design and construct intersection modifications at their project entrances along Immokalee Road including but not limited to a traffic signal within one year of a request from the County. Hogan Farms LLC, will also assist with property exchange to facilitate future realignment of Camp Keais Road and Immokalee Road. The Developer has agreed to provide all successors, assigns, tenants and buyers, both residential and commercial, who purchase or lease land from the Landowner a separate written notice of the planned Immokalee Road improvements with the statement that the County will not construct or contribute funding for the construction of any sound wall or other barriers of any kind to reduce the impact, noise, etc. FISCAL IMPACT: At the time of acquisition, the County will be responsible for the cost of the right-of-way conveyance for Immokalee Road and stormwater management easements. The primary funding source for the acquisition of right-of-way is road impact fees. Should road impact fees not be sufficient within the specific project, the secondary funding source will be gas taxes (313). LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality and requires majority vote for approval. -JAK GROWTH MANAGEMENT IMPACT: This item meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. RECOMMENDATION: To approve the Developer Agreement with Hogan Farms, LLC that will reserve right- of-way and stormwater management for the future widening of Immokalee Road, commitment of a land swap for intersection improvements at Immokalee Road and Camp Keais Road, including a pledge to construct intersection modifications at project entrances at the request of the County. Prepared By: Lorraine Lantz, Interim Transportation Planning Manager, Capital Project Planning, Impact Fees and Program Management Division ATTACHMENT(S) 1. Brightshore DA Signed (PDF) 11.B Packet Pg. 360 12/13/2022 COLLIER COUNTY Board of County Commissioners Item Number: 11.B Doc ID: 23908 Item Summary: *** This Item to be heard no sooner than 1:00 PM. *** Recommendation to approve the Developer Agreement with Hogan Farms, LLC, (Developer) that will reserve right -of-way and stormwater management for the future widening of Immokalee Road, reservation for future intersection improvements at Immokalee Road and Red Hawk Lane, and provide for a commitment to swap land to accommodate intersection improvements at Camp Keais Road and Immokalee Road. Companion Item to remaining Brightshore SRA documents & developer agreement. (Trinity Scott, Transportation Management Services Department Head) (Companion Item to be heard at the same time as Items 9C, 9D, and 11C) Meeting Date: 12/13/2022 Prepared by: Title: Project Manager – Growth Management Development Review Name: Laurie Beard 11/23/2022 10:43 AM Submitted by: Title: Deputy Department Head – Growth Management Department Name: Trinity Scott 11/23/2022 10:43 AM Approved By: Review: Capital Project Planning, Impact Fees, and Program Management Beth Johnssen Additional Reviewer Completed 11/23/2022 12:28 PM Capital Project Planning, Impact Fees, and Program Management Lorraine Lantz Additional Reviewer Completed 11/23/2022 12:32 PM Growth Management Department Danielle Bates Transportation Management Services Department Completed 11/23/2022 12:57 PM Growth Management Operations Support Tara Castillo Additional Reviewer Completed 11/28/2022 1:05 PM Growth Management Department Gene Shue Additional Reviewer Completed 11/28/2022 1:21 PM Growth Management Department Trinity Scott Transportation Completed 11/28/2022 3:40 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/29/2022 10:05 AM Office of Management and Budget Susan Usher Additional Reviewer Completed 11/30/2022 3:17 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 12/01/2022 10:00 AM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 12/05/2022 2:49 PM Board of County Commissioners Geoffrey Willig Meeting Pending 12/13/2022 9:00 AM 11.B Packet Pg. 361 11.B.1Packet Pg. 362Attachment: Brightshore DA Signed (23908 : Brightshore Developer Agreement) 11.B.1Packet Pg. 363Attachment: Brightshore DA Signed (23908 : Brightshore Developer Agreement) 11.B.1Packet Pg. 364Attachment: Brightshore DA Signed (23908 : Brightshore Developer Agreement) 11.B.1Packet Pg. 365Attachment: Brightshore DA Signed (23908 : Brightshore Developer Agreement) 11.B.1Packet Pg. 366Attachment: Brightshore DA Signed (23908 : Brightshore Developer Agreement) 11.B.1Packet Pg. 367Attachment: Brightshore DA Signed (23908 : Brightshore Developer Agreement) 11.B.1Packet Pg. 368Attachment: Brightshore DA Signed (23908 : Brightshore Developer Agreement) 11.B.1Packet Pg. 369Attachment: Brightshore DA Signed (23908 : Brightshore Developer Agreement) 11.B.1Packet Pg. 370Attachment: Brightshore DA Signed (23908 : Brightshore Developer Agreement) 11.B.1Packet Pg. 371Attachment: Brightshore DA Signed (23908 : Brightshore Developer Agreement) 11.B.1Packet Pg. 372Attachment: Brightshore DA Signed (23908 : Brightshore Developer Agreement) 11.B.1Packet Pg. 373Attachment: Brightshore DA Signed (23908 : Brightshore Developer Agreement) 11.B.1Packet Pg. 374Attachment: Brightshore DA Signed (23908 : Brightshore Developer Agreement) 11.B.1Packet Pg. 375Attachment: Brightshore DA Signed (23908 : Brightshore Developer Agreement) 11.B.1Packet Pg. 376Attachment: Brightshore DA Signed (23908 : Brightshore Developer Agreement) 11.B.1Packet Pg. 377Attachment: Brightshore DA Signed (23908 : Brightshore Developer Agreement)