Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - July 25, 2017
REVISED July 25, 2017 - Regular Meeting
Agenda Item #52

Reimbursement Agreement for Port Harbour Parkway Extension


Contact and/or Presenter Information
Sia Mollanazar,  P.E., Deputy Director - Engineering Services, Public Works Department, Ext. 7487

Action Requested
Authorize the Chair to execute the Reimbursement Agreement for Port Harbour Parkway Extension between the County and Upper Manatee 288, LLC, and Manatee Land Investors, LLC.

Enabling/Regulating Authority
Section 125.01, Florida Statutes

Background Discussion

The "Developer", collectively referring to both Upper Manatee 288, LLC, and Manatee Land Investors, LLC, owns certain real property located in Manatee County Florida, as legally described in Exhibit "A" (the "Property").  This property is located within the Heritage Harbour Development of Regional Impact (the "Project") and is subject to the amended and restated Local Development Agreement 08-08, dated September 14, 2014 (the "LDA").

The LDA provides for the developer to have the option of constructing Port Harbour Parkway (the "PHP") from its current terminus to Upper Manatee River Road.  The developer has elected to construct the PHP Extension in accordance with the executed LDA.  Pursuant to the LDA, Lennar Homes, LLC, has paid the County $2,299,201.78 (the "PHP Extension Contribution") to satisfy the transportation mitigation requirements for the project. The County is holding these funds or like amount of legally available funds in its capital accounts to fund the design and construction of the PHP Extension by the developer as per the reimbursement agreement between the County and the developer.

The developer and the County both desire to expedite the construction of the PHP Extension.  The developer has submitted to the County the design, engineering, and permitting (the "Plans") and the County has approved the plans for construction.   The Port Harbour Parkway design consists of a four-lane boulevard section (at final build out design), in accordance with the LDA, and includes two round-about intersections.  The road construction will consist of the outside two lanes from its current terminus to Upper Manatee River Road. 

The amount reimbursed to the developer for the Port Harbour Parkway Extension ("PHP") costs under this agreement shall not exceed two million, two hundred ninety-nine thousand, two hundred and one and 78/100 dollars ($2,299, 201.78), the amount of the PHP Extension contribution.  The excess cost above the not-to-exceed amount is subject to Impact Fee Credit in accordance with the LDA.

Manatee County and the developer desire to memorialize their agreement in writing by the execution of the attached "Reimbursement Agreement for Port Harbour Parkway Extension."

County Attorney Review
Formal Written Review (Opinion memo must be attached)

Explanation of Other

Reviewing Attorney

Instructions to Board Records

Please return the executed, original agreement to the Public Works Department, attention Sia Mollanazar, P.E., Deputy Director - Engineering Services.

Please call Sia Mollanazar, P.E., at 941-708-7487 to arrange pick-up of the signed original documents.

Cost and Funds Source Account Number and Name
$2,299,201.78 - Account number 304-6076660

Amount and Frequency of Recurring Costs

Attachment:  Reimbursement Agreement for Port Harbour Parkway Extension with Exhibits A, B, C, and D - 07102017.pdf
Attachment:  CAO comment Port Harbour Parkway Reimbursement Agreement RLS-2017-0246.pdf
Attachment:  CAO redline Reimbursement Agr for Pt Harbour Parkway Ext.pdf