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Agenda 09/24/2019 Item #16A17 (2nd Amendment to Agreement for Improvements at Logan Blvd & Immokalee Rd)09/24/2019 EXECUTIVE SUMMARY Recommendation to approve a Second Amendment to the Amended and Restated Developer Agreement (DA) between the developer of Parklands Planned Unit Development, Parklands Associates I, LLLP (Developer) and Collier County (County) to extend the date of the intersection improvements at Logan Boulevard and Immokalee Road and to extend the completion date of the Logan North Phase Two construction. OBJECTIVE: To extend the date of the bridge improvements at Logan Boulevard and Immokalee Road to be completed no later than May 31, 2020, and to the completion date of the Logan North Phase Two construction to no later than January 31, 2020. CONSIDERATIONS: Logan North will be constructed in two phases. Phase 1 from Treeline Drive to the southern entrance of the Parklands PUD has been constructed. Phase 2 will be from the Parklands entrance to Bonita Beach Road in Lee County and is currently under construction to the Lee County Line. The City of Bonita Springs has requested the addition of street lighting, landscaping and irrigation lines which have caused delays in the project. The Developer has requested an extension of the completion date to January 31, 2020. Paragraph nine of the DA requires the Logan North Phase Two construction to be completed within one year of the 297th Certificate of Occupancy (CO). The County took an addition 57 days to complete Logan Phase One, so per the Agreement, the Developer received an additional 57 days to complete Logan Phase Two. With the request for the additional improvements to the road, the construction timeframe is taking longer than expected. Plans had to be redesigned and then approved by the City of Bonita Springs. The Developer Agreement is dated May 10, 2016, recorded at Official Records Book 5274, Page 411, and amended on March 27, 2018, recorded at Official Records Book 5491, Page 3482, all of the Public Records of Collier County. Paragraph ten of the DA Amendment requires the Developer to improve the intersection of Logan Blvd and Immokalee road prior to the 495th CO within the Parklands PUD or September 30, 2019, whichever comes first. South Florida Water Management District will not allow the flow within the Cocohatchee (Immokalee Road) Canal to be restricted in any fashion during hurricane season, which runs through November 30th. The Developer has stated that construction would commence December 2, 2019 with an estimated 180 construction timeframe to May 31, 2020, or receipt of the CO for the 575 th dwelling unit, whichever comes first. All other sections of the Developer Agreement, as amended, are to remain the same. FISCAL IMPACT: This is no fiscal impact with this amendment. GROWTH MANAGEMENT IMPACT: The proposed agreement is consistent with the Long Range Transportation Plan and the Growth Management Plan. LEGAL CONSIDERATIONS: The County Attorney prepared the attached Agreement, which requires majority vote for approval. -JAK RECOMMENDATION: To approve the Amendment to the DA between the Parklands Associates I LLLP and Collier County to extend the date of the intersection improvements at Logan Boulevard and Immokalee Road and to extend the completion date of the Logan North Phase Two, and authorize the Chairman to execute the DA. 16.A.17 Packet Pg. 992 09/24/2019 Prepared By: Trinity Scott, Manager, Transportation Planning, Capital Project Planning, Impact Fees and Program Management Division ATTACHMENT(S) 1. Recorded Restated DCA (PDF) 2. Recorded Restated DCA Amendment (PDF) 3. Second Amendment_Parkland Development (PDF) 4. Extension Request (PDF) 16.A.17 Packet Pg. 993 09/24/2019 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.17 Doc ID: 9930 Item Summary: Recommendation to approve a Second Amendment to the Amended and Restated Developer Agreement (DA) between the developer of Parklands Planned Unit Development, Parklands Associates I, LLLP (Developer) and Collier County (County) to extend the date of the intersection improvements at Logan Boulevard and Immokalee Road and to extend the completion date of the Logan North Phase Two construction. Meeting Date: 09/24/2019 Prepared by: Title: Project Manager – Capital Project Planning, Impact Fees, and Program Management Name: Laurie Beard 08/23/2019 10:03 AM Submitted by: Title: Division Director - IF, CPP & PM – Capital Project Planning, Impact Fees, and Program Management Name: Amy Patterson 08/23/2019 10:03 AM Approved By: Review: Growth Management Department Judy Puig Level 1 Reviewer Completed 08/23/2019 10:59 AM Growth Management Department Matthew McLean Additional Reviewer Completed 08/26/2019 1:47 PM Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 08/26/2019 2:31 PM Growth Management Department Judy Puig Deputy Department Head Review Skipped 08/23/2019 10:07 AM Growth Management Department Thaddeus Cohen Department Head Review Completed 09/03/2019 9:03 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/03/2019 10:47 AM Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 09/10/2019 3:01 PM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 09/13/2019 9:27 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 09/14/2019 12:37 PM Board of County Commissioners MaryJo Brock Meeting Pending 09/24/2019 9:00 AM 16.A.17 Packet Pg. 994 16.A.17.a Packet Pg. 995 Attachment: Recorded Restated DCA (9930 : Parklands Dev Agr Amendment) 16.A.17.a Packet Pg. 996 Attachment: Recorded Restated DCA (9930 : Parklands Dev Agr Amendment) 16.A.17.a Packet Pg. 997 Attachment: Recorded Restated DCA (9930 : Parklands Dev Agr Amendment) 16.A.17.a Packet Pg. 998 Attachment: Recorded Restated DCA (9930 : Parklands Dev Agr Amendment) 16.A.17.a Packet Pg. 999 Attachment: Recorded Restated DCA (9930 : Parklands Dev Agr Amendment) 16.A.17.a Packet Pg. 1000 Attachment: Recorded Restated DCA (9930 : Parklands Dev Agr Amendment) 16.A.17.a Packet Pg. 1001 Attachment: Recorded Restated DCA (9930 : Parklands Dev Agr Amendment) 16.A.17.a Packet Pg. 1002 Attachment: Recorded Restated DCA (9930 : Parklands Dev Agr Amendment) 16.A.17.a Packet Pg. 1003 Attachment: Recorded Restated DCA (9930 : Parklands Dev Agr Amendment) 16.A.17.a Packet Pg. 1004 Attachment: Recorded Restated DCA (9930 : Parklands Dev Agr Amendment) 16.A.17.a Packet Pg. 1005 Attachment: Recorded Restated DCA (9930 : Parklands Dev Agr Amendment) 16.A.17.aPacket Pg. 1006Attachment: Recorded Restated DCA (9930 : Parklands Dev Agr Amendment) 16.A.17.aPacket Pg. 1007Attachment: Recorded Restated DCA (9930 : Parklands Dev Agr Amendment) 16.A.17.b Packet Pg. 1008 Attachment: Recorded Restated DCA Amendment (9930 : Parklands Dev Agr Amendment) 16.A.17.b Packet Pg. 1009 Attachment: Recorded Restated DCA Amendment (9930 : Parklands Dev Agr Amendment) 16.A.17.b Packet Pg. 1010 Attachment: Recorded Restated DCA Amendment (9930 : Parklands Dev Agr Amendment) 16.A.17.c Packet Pg. 1011 Attachment: Second Amendment_Parkland Development (9930 : Parklands Dev Agr Amendment) 16.A.17.c Packet Pg. 1012 Attachment: Second Amendment_Parkland Development (9930 : Parklands Dev Agr Amendment) 16.A.17.c Packet Pg. 1013 Attachment: Second Amendment_Parkland Development (9930 : Parklands Dev Agr Amendment) 16.A.17.dPacket Pg. 1014Attachment: Extension Request (9930 : Parklands Dev Agr Amendment)