Agenda 04/11/2023 Item #16A10 (Amendment and zoning application on a County-owned parcel that is subject to a land swap agreement)04/11/2023
EXECUTIVE SUMMARY
Recommendation to approve and execute a Second Amendment to Developer Agreement with GM Advisors,
LLC, for a land swap on Immokalee Road in order to extend the construction schedule.
OBJECTIVE: To approve and execute the attached Second Amendment to Developer Agreement that extends the
schedule for construction in Paragraph Four.
CONSIDERATIONS: At the November 9, 2021, BCC meeting, the Board approved a land exchange agreement
(the "Agreement") with GM Advisors, LLC, of the County's 3.7 +/- acre parcel (less and except northern 0.6+/-
acres), to be replaced with a 5.0 +/- acre parcel owned by GM Advisors, LLC (the "Developer"). The Agreement is
recorded at OR Book 6045, Page 1878, of the Public Records of Collier County, Florida. The parcel serves as
transportation right -of way supporting Immokalee Road and its associated water management between Wilson
Boulevard and Randall Boulevard. The County's new parcel will carry greater water volume, accommodate future
turn lanes and expansion, and will convert the existing water management system from dry detention to wet
detention. Under the Agreement, the Developer is also required to design, construct and permit a new water
management system for the County at the Developer's sole cost and expense.
On April 12, 2022, the Board approved the First Amendment to Land Exchange Agreement, a copy of which is
recorded at OR 6114, Page 3144 in the Collier County Records, which extended the schedule set forth in Paragraph
4 of the Agreement by 90 days.
Design of the Project has since been completed and the Developer has received the South Florida Water
Management District (SFWMD) Individual Environmental Resource Pennit No. 11 - I 08077-P. The Developer has
requested to extend the construction commencement date to March 31, 2024. Both Parties mutually agree to these
changes.
The revised Paragraph Four would read as follows:
Schedule. Design of the New Improvements shall be has been completed no Wer- th
upon by the pafties. Permitting of the New Improvements shall be was completed on
January 13, 2023 with the issuance of South Florida Water
Management District Individual Environmental Resource Permit
No. 11-108077-P. no later- than fifteen (15) twelve (12) menths ftem the
Effeetive Date tmiess otherwise mu4ually agreed upon by the pat4ies. Construction of
the New Improvements shall commence by March 31, 2024 and shall be co!npleted
within 150 dqys (by August 28, 2014) tFA"e (2) years and three (3) fnefiths ffem the
Effeetive P , unless otherwise mutually agreed upon by the parties.
All other Sections of the agreement remain the same.
FISCAL IMPACT: While there is no direct fiscal impact, all costs associated with the Developer Agreement shall
be bom by GM Advisors, LLC-
GROWTH MANAGEMENT: This amendment is consistent with the County's Growth Management Plan.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for
Board approval. - SAA
RIF,COMMENDATION: To approve the attached Second Amendment to Developer Agreement and authorize the
Chairman to execute the Second Amendment on behalf of the Board.
I Packet Pg. 362
04/11/2023
Prepared by: Lorraine Lantz, AICP, Interim Transportation Planning Manager; Capital Project Planning, Impact
Fees and Program Management
ATTACHMENT(S)
1. 2nd Amendment to Developer Agreement - partially executed 3-27-23 (PDF)
Packet Pg. 363
04/11/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A. 10
Doe ID: 25070
Item Summary: Recommendation to approve and execute a Second Amendment to Developer Agreement with
GM Advisors, LLC, for a land swap on Immokalee Road in order to extend the construction schedule.
Meeting Date: 04/11/2023
Prepared by:
Title: Project Manager — Capital Project Planning, Impact Fees, and Program Management
Name: Lorraine Lantz
03/28/2023 1:51 PM
Submitted by:
Title: Division Director - Capital Proj Plan, Impact Fees — Capital Project Planning, Impact Fees, and Program
Management
Name: Beth Johnssen
03/28/2023 1:51 PM
Approved By:
Review:
Transportation Engineering Jay Ahmad Additional Reviewer Completed 03/28/2023 2:01 PM
Capital Project Planning, Impact Fees, and Program Management Beth Johnssen Additional Reviewer Completed
03/28/2023 2:02 PM
Transportation Engineering Marlene Messam Additional Reviewer Completed 03/28/2023 2:43 PM
Growth Management Department Danielle Bates Transportation Management Services Department Completed
03/28/2023 3:23 PM
Growth Management Operations Support Tara Castillo Additional Reviewer Completed
03/28/2023 10:03 PM
Growth Management Department
Trinity Scott
Transportation
Completed
03/29/2023 3:21 PM
County Attorney's Office
Sally Ashkar
Level 2 Attorney Review
Completed
04/04/2023 10:47 AM
Office of Management and Budget
Debra Windsor
Level 3 OMB Gatekeeper Review
Completed
04/04/2023 11:06 AM
County Attorney's Office
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Completed
04/04/2023 11:11 AM
Office of Management and Budget
Christopher Johnson Additional Reviewer
Completed
04/04/2023 12:46 PM
Corporate Compliance and Continuous Improvement
Megan Gaillard
Additional Reviewer
Completed
04/04/2023 2:40 PM
County Manager's Office
Ed Finn
Level 4 County Manager Review
Completed
04/05/2023 4:59 PM
Board of County Commissioners
Geoffrey Willig
Meeting Pending
04/11/2023 9:00 AM
I Packet Pg. 364 1
SECOND AMENDMENT TO
LAND EXCHANGE AGREEMENT
GM. ADVISORS, LLC
THIS AMENDMENT (hereinafter referred to as the "Amendment") is made Find
entered into this of 2023 (the "Effective Date"), by and among GM
Advisors, LLC, a Florida limited liability company (hereinafter referred to as the
"Developer") and Collier County, Florida, a political subdivision of the State of Florida
(hereinafter referred to as "County"), each individually referred to as the "Party" and
collectively referred to as the "Parties."
REt CITALS-
WHEREAS, the parties entered into a Land Exchange Agreement dated November 9,
2021 (hereinafter referred to as the "Agreement"), a copy of which is recorded at OR 6045,
Page 1878 in the Collier Comity Records; and
WHEREAS, the parties entered into the First Amendment to Land Exchange
Agreement dated April 2, 2022, a copy of which is recorded at OR 6114, Page 3144 in the
Collier County Records; and
WHEREAS, the parties wish to extend the Schedule set forth in paragraph 4 of the
Agreement as set forth below; and
WHEREAS, the Collier County Board of County Commissioners hereby fillds that this
amendment is in the best interest of the County.
WITNESSETH
NOW, THEREFORE, in consideration of Tell Dollars (10,00) and other good Find
valuable consideration exchanged aniongst the parties, and in consideration of the covenants
contained herein, the parties agree as follows:
1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set faith fully below.
2. Paragraph 4 of the Agreenient is hereby anlended as follows:
Schedu le. Des ign of the New Improvements shal 1 ehasbeencompleted
lr�
no later than nine nths A. -in 1: e Effeetive Date unless
=(2) six (6) me
mutually agreed upon by t! "arties. Permitting of the
New Improvements shall ewascornpleted on January 13, 2023
with the issuance of South Florida Water Managenient
District Individual Environmental Resource Permit No.
ti-108077-P. ne later than fifteen (15), twelve(I-2) menths fvom
( C- 710)
FPacket Pg. 36i
the Effeefive Date tm4ess ot! emvise mutually agr- ed-tVoMi)-the papties,
Construction of tile New Improvements shall commence by March 31,
2024 and shall be completed within ISO dqys (by August 28, 2024) we
(2) years and three (3)-months &o"e Effeetive Daw, unless otherwise
mutually agreed upon by the parties.
3. The County Manager may ftirther extend the Agreement by an additional 90 days
without the need of Board approval. Additional extensions of time will require Board approval.
4. Except as expressly provided liefein, the Agreenlent remains in full force and effect
according to the terms and conditions contained therein, If there is a conflict between the terms of
this Amendment and the Agreement, the terms of this Amendment sliall. prevail.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their appropriate officials, as of the date first above written.
AS TO COUNTY:
ATTEST:
Crystal K. Kinzel, Clerk of Courts
m
, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
1-13
Rick LoCastro, Chairman
AS TO DEVELOPER-, GM ADVISORS, LLC a Florida limited liability company
S ed S' "I d and delivered By:
1 ,e
1T.
JA 4 ice of, Na e: L
Title: C
I'vinted Name
Signature
Wv ca
Printed Name
Packet Pg. 366
STATE OF FLORIDA
COUNTY OF COLLIER
4-
The foregoing instrument was acknowledged before me this,' )� day of /11 a, 2023,
by/I?,(, ej 5ac.,rie.11 , as In an e? (,- r' of GM Advisors, LLC, a Florida
limited liability company, who is personally kAwn to me or has produced
061�1&t% as identification.
LAUREN J. BEW
comm"MM350116 Notary Publie
EVIm January 17,2W My Commission Expires:
Approved as to form and
legality,
Sally A. Ashkar
Assistant Cousity Attorney
(70)
FPacket Pg. 36i