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Page 2 of 3 Waterway Village Second Amendment to the Amended Developers Agreement For October 2, 2018 BCC Meeting larger volumes of traffic on 58th Avenue from 49th Street to 57th Street, including the approach to 53rd Street from both the north and south directions. Staff and the Developer have negotiated a development agreement that is acceptable to all parties. An extended widening would enable the County to achieve several related objectives, including replacing the narrow bridge over the North Relief Canal, providing a sidewalk between the Gifford area and Storm Grove Middle School, adding bike lanes to 58th Avenue, and adding future roadway capacity in a growing area of the County. The following is a synopsis of the major components of the proposed Amendment. The Developer shall construct the improvements between from south of 49th Street to south of the Indian River Farms north relief canal ("Developer's Segment") as depicted on the attached Waterway Village 58th Avenue Widening Project Limits. At the Developers expense, the improvements include signalization at the intersections at 49th Street & 58th Avenue and at 53rd Street & 58th Avenue, for the four -lane divided configuration with left turn lanes on all approaches, bike lanes, and sidewalks. However, the Developershall receive traffic impact fee credits as described in the Developer's Agreement. Construction shall commence no later than December 1, 2019 and shall be completed within twelve (12) months of commencement. The Developer will design, permit, and construct 58th Avenue as a four -lane roadway from south of the IRFWCD north relief canal to north of 57th Street ("County's Segment") as depicted on the attached Waterway Village 58th Avenue Widening Project Limits. The improvements include replacement of the north relief canal bridge, signalization of the intersection at 57th Street and 58th Avenue for the four -lane divided configuration with left turn lanes on all approaches, bike lanes, and sidewalks. The Developershall be reimbursed for design, permitting, and construction costs for the County segment by invoicing the County as draws throughout the design, permitting, and construction of this roadway segment. Any invoice submitted by the Developer to the County for County's payment shall be reimbursed by the County according to the Prompt Payment Act (Section 218.70-218.80, Florida Statutes, 2017), and not with impact fee credits. As part of the overall project, it will be necessary for the County to acquire some right-of-way for the above widening project south of 49th Street on 58th Avenue. Staff has already begun this process with the Board approving the Developers Agreement with Arabella Reserve, LLC., and we have contacted several other property owners to discuss purchasing right-of-way. The Amendment includes a design fee from Kimley-Horn and Associates of $231,311 to extend the roadway segment as a 4 -lane facility (see attached). The design fee is a reimbursable expense to the Developer as design of the project proceeds forward. The Amendment states that the Developer shall contribute $153,300 toward the SR -60 and 43rd Avenue project and $110,400 toward improvements at SR -60 and 58th Avenue. Currently, the cost of construction (see attached) for the County's portion of the project is approximately $4,820,400 based on 30% plans. However, the cost will change during the design of the project and staff is optimistic that the cost will decrease. 244 C:\Users\legistar\AppData\Local\Temp\BCL Tech nologies\easyPDF 8\@BCL@6COD7F71\@BCL@6COD7F71.doc