Agenda 01/11/2011 Item #16K5
Agenda Item No. 16K5
January 11, 2011
Page 1 of 34
EXECUTIVE SUMMARY
That the Board of County Commissioners approves, and authorizes its Chairman to sign, a
Tri-Party Developer Contribution Agreement with E's Country Stores, LLC, and Roberto
Bollt, with respect to certain road improvements located generally at the southeast corner of
Immokalee Road and Oil Well Road.
OBJECTIVE: For the Board to review and approve a Tri-Party Developer Contribution
Agreement with E's Country Stores, LLC, and Roberto Bollt, with respect to certain road
improvements located generally at the southeast comer of Imrnokalee Road and Oil Well Road.
CONSIDERATIONS: On December 14, 2010, the Board approved in principle a Tri-Party
Agreement concerning certain road improvements located generally at the southeast comer of
Immokalee Road and Oil Well Road. Typically, such agreements would be drafted by the County
Attorney and then come back to the Board for review and approval. In this case, it was then
believed that due to the ongoing Oil Well Road construction project, it was necessary that the
Agreement be drafted and signed quickly, and the Chairman was accordingly authorized to review
and sign the Agreement ifhe felt it fairly reflected the discussion before the Board, Since that time
it became clear that the Agreement could wait for the next Board meeting.
GROWTH MANAGEMENT IMPACT: This Agreement is consistent with the Growth
Management Plan.
FISCAL IMPACT: None.
LEGAL CONSIDERATIONS: The proposed Agreement is legally sufficient for Board of
County Commissioners' consideration and approval. This item requires simple majority vote.
RECOMMENDATION: That the Board of County Commissioners approves, and authorizes its
Chairman to sign, the attached Tri-Party Developer Agreement between Collier County, E's
Country Stores, LLC, and Roberto Bollt. .
PREPARED BY: Jeffrey A. Klatzkow, County Attorney
Agenda Item No. 16K5
January 11, 2011
Page 2 of 34
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16K5
That the Board of County Commissioners approves, and authorizes its Chairman to sign, a
Tri-Party Developer Contribution Agreement with Es Country Stores, LLC, and Roberto Bollt,
with respect to certain road improvements located generally at the southeast corner of
Immokalee Road and Oil Well Road.
1/11/2011 9:00:00 AM
Meeting Date:
Prepared By
Jeff Klatzkow
County Attorney
Date
1/5/201112:27:47 PM
Approved By
Jeff Klatzkow
County Attorney
Date
1/5/2011 2:01 PM
Approved By
Leo E. Ochs, Jr.
County Manager
Date
County Managers Office
County Managers Office
1/5/2011 3:21 PM
Agenda Item No. 16K5
January 11, 2011
Page 3 of 34
TRI-P ARTY DEVELOPER AGREEMENT
E'S COUNTRY STORES
THIS TRI-PARTY DEVELOPER AGREEMENT (hereinafter referred to as the
"Agreement") is made and entered into this 11th day of January, 2011, by and between E'S
COUNTRY STORES, LLC, a Florida Limited Liability Company, whose mailing address is
21246-C Clubside Drive, Boca Raton, Florida 33434 or its successors or assigns (hereinafter
referred to as "E's"), ROBERTO BOLL T, as Successor Trustee under Land Trust Agreement
dated January 27,1986, recorded in Official Records Book 1347. Page 2331, and amended June
26, 1996, and recorded in Official Records Book 2250, Page 1827, both of the Public Records of
Collier County, Florida, whose mailing address is 4500 Executive Drive, Suite 110, Naples, FL
34119 or its successors or assigns (hereinafter referred to as "Commercial Developer"), and
COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter
referred to as "County").
R Eel TAL S:
WHEREAS, E's owns and operates E's Country Store located at the southeast comer of
lmmokalee Road and Oil Well Road (street address 14344 Immokalee Road, Collier County
Property Appraiser Folio No. 64700625608); and
WHEREAS, Commercial Developer owns a vacant parcel adjacent to E's Country Store
and intends to develop the parcel as is permitted from time to time under applicable laws, rules
and regulations (Collier County Property Appraiser Folio No. 64700625501) ("Commercial
Property"); and
WHEREAS, there is an existing driveway connection from the E's parcel to Oil Well
Road; and
WHEREAS, under the current Oil Well Road construction plans (Collier County Project
No, 60044, currently under construction), a raised median in the County's road right-of-way will
limit vehicular turning movement to E's (see Exhibit "A" depicting existing conditions, access
and proposed improvement concepts); and
WHEREAS, County plans to close the Valencia Drive connection to Oil Well Road
which could give rise to a claim for damages by E's and/or Commercial Developer, and E's and
Commercial Developer are willing to release their respective claims on the basis of the
agreements set forth herein; and
WHEREAS, E's and Commercial Developer desire that the Oil Well Road access be
improved such that west-bound vehicles on Oil Well Road may turn left into E's Country Store
and Commercial Developer's parcel; and
WHEREAS, the County, E's and Commercial Developer propose to construct the
improvements depicted on Exhibit "B" in two phases (each to construct that portion of the
improvements as set forth in this Agreement); and
Agenda Item No. 16K5
January 11, 2011
Page 4 of 34
WHEREAS, the first phase (designated "Phase I" on Exhibit "B") shall consist of
construction of a westbound left turn lane in the County's road right-of-way and an internal drive
on the Commercial Property as depicted on Exhibit "B" ("Phase One Improvements"):and
WHEREAS, the second phase (designated "Phase 2" on Exhibit "B") shall consist of
construction of an eastbound deceleration and right turn lane, closure of the western access
driveway to E's, construction of a new access point and internal drive on the Commercial
Property to serve E's and Commercial Developer, and construction of a turnaround at the closure
of Valencia Drive south of Oil Well Road as shown on Exhibit "B" ("Phase Two
Improvements"); and
WHEREAS, the relocated access drive to E's on the Commercial Property (as depicted in
Exhibit "B") will be located farther east from the intersection of Oil Well Road and lmmokalee
Road which is a public benefit; and
WHEREAS, the County will, using its prime contractor for the Oil Well Road expansion
project (Mitchell and Stark Construction, Inc,), construct the median opening and westbound left
turn lanes as shown on the Phase One Improvements; and
WHEREAS, E's will construct the Phase One Improvements located on its parcel and on
the Commercial Property, including those areas hereinafter defined as "Easement Property" (and
the County has no objection to E's utilizing the County's prime contractor to do so, at E's
option); and
WHEREAS, Commercial Developer will, subject to the terms of this Agreement and
issuance of applicable permits, construct the Phase Two Improvements; and
WHEREAS, County has no objection to E's undertaking, at its sole cost and expense, the
redesign of the Oil Well Road roadway plans to incorporate the Phase One Improvements in
Exhibit "B" and likewise to E's construction of said Phase One Improvements located on E's
parcel and the Commercial Property at E's sole cost and expense as long as all required
jurisdictional agency permits, including County right-of-way permit, are secured prior to
construction; and
WHEREAS, should the County design or build any Phase Two Improvements before it is
constructed by E's or the Commercial Developer, the County shall be reimbursed for its actual
construction costs at the time the Commercial Developer commences construction of the Phase
Two Improvements; and
WHEREAS, County has no objection to Commercial Developer undertaking, at its sole
cost and expense, the design and construction of the Phase Two Improvements located on E's
parcel and the Commercial Property, including those areas hereinafter defined as "Easement
Property," as long as all required jurisdictional agency permits, including County permits, are
secured prior to construction; and
Page 2 of 10
Agenda Item No. 16K5
January 11, 2011
Page 5 of 34
WHEREAS, E's and Commercial Developer agree and understand that County reserves
the right to modify the left-in median opening on Oil Well Road as depicted in Exhibit "B" in its
sole discretion based on documented safety and/or capacity reasons and the other provisions of
this Agreement set forth below; and
WHEREAS, each of E's and Commercial Developer proposes to conveyor grant to
County as fee simple or road and utility easements (as determined by each of E's and
Commercial Developer, each in their sole discretion), at no cost to County, either dedications of,
or perpetual non-exclusive easements for: (i) road right-of-way and slope and utility easements
for the right turn lane; (ii) slope and utility easements for the construction of Oil Well Road and
for traffic control devices; (iii) easements to construct a turn-around near the end of Valencia
Drive, as depicted and on those lands described in Exhibits "C", "0", "E", "P", "0", "H", and
"I" attached hereto and made a part hereof (Exhibits "C" through "I" are hereinafter collectively
referred to as the "Easement Property"); and
WHEREAS, E's and Commercial Developer desire to either convey fee simple title to the
County, or grant easements to County, for the stated purposes, over certain portions of their
respective properties, on the terms and conditions set forth herein; and
WHEREAS, as compensation for the conveyance of the Easement Property, design of
Phase One Improvements and the Valenda Drive turnaround, the future relocation of the current
E's access on Oil Well Road and the release of claims for the severance of the connection of
Valencia Drive to Oil Well Road. County agrees to construct the Phase One Improvements
within the public right of way, including modifications to the south side of roadway north ofE's
and the Commercial Property and a directional median opening with turn lane storage, none of
which are located on the E's parcel or the Commercial Property; and
WHEREAS, E's and Commercial Developer intend to negotiate and enter into an
Operation and Easement Agreement ("DEA") with commercially reasonable terms acceptable to
each of them in each one's sole discretion, to be recorded, which will provide, among other
things, for matters relating to vehicular movements to and from E's' property from Commercial
Developer's parcel and to and from Commercial Developer's parcel from Ers property, and
which will set forth the obligations, benefits and agreements, including cost-sharing of the Phase
Two Improvements described below, between E's and the Commercial Developer, arising out of
or relating to this Agreement. The County is not a party to the OEA and is not bound by it terms;
however, the completion of an OEA shall be deemed a condition to the execution of this
Agreement by E and the Commercial Developer; and
WHEREAS, the Transportation Administrator has recommended to the Board of County
Commissioners that the improvements set forth in this Agreement (hereinafter referred to as the
"Proposed Plan") are in conformity with contemplated improvements and additions to the
County's transportation network; and
WHEREAS, after reasoned consideration by the Board of Commissioners, the Board
finds and reaffirms that:
Page 3 of 10
Agenda Item No. 16K5
January 11, 2011
Page 6 of 34
a. The Proposed Plan is in conformity with the contemplated improvements and
additions to the County's transportation system;
b. Such Proposed Plan, viewed in conjunction with other existing or proposed plans,
including those from other developers, will not adversely impact the cash flow or
liquidity of the County in such a way as to frustrate or interfere with other
planned or o~going growth-necessitated capital improvements and additions to
the County's transportation system; and
c. The Proposed Plan is consistent with both the public interest and with the
comprehensive plan, including the most recently adopted five-year capital
improvement program for the County's transportation system and the Long Range
Transportation Plan.
WIT N E SSE T H:
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and
valuable consideration exchanged amongst 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 forth fully below.
Deal Terms Concerning Collier County
2, The improvements will be constructed in two phases, as depicted in Exhibit "B."
3. Phase One is the left turn lane within Oil Well Road, the median opening and the
on-site improvement extending the left turn lane through the Commercial Property to E's
property as depicted in Exhibit "B." The County will build the left turn lane and revised road
plan as part of the existing Oil Well Road project. E's will build the onsite improvements for
Phase One.
4. E's will be responsible for designing and getting permits for all Phase One
Improvements and the Valencia turnaround in Phase Two. Construction of the Phase One
Improvements is addressed in item 3 above,
5. The County will utilize the cost savings resulting from the slope construction in
lieu of the stem wall and guard rail to construct the left turn lane and median opening. Any
proceeds left over will go to the County and will not be utilized to construct on-site
improvements.
6. The Commercial Developer will design, permit and construct all Phase Two
Improvements excluding the turnaround. There will be no COs issued to the Commercial
Developer until the Phase Two Improvements are complete. The existing E's entrance on Oil
Well Road is relocated as part of Phase Two. The County can build the turnaround prior to
Commercial Developer's construction of same, and the Commercial Developer will reimburse
Page 4 of 10
Agenda Item No. 16K5
January 11, 2011
Page 7 of 34
the County for construction costs when it builds the Phase Two Improvements. If the County
elects to construct the turnaround, the Commercial Developer shall reimburse the County the
actual, reasonable out-of-pocket "hard' construction costs, based on reasonable evidence of
same, at the time Commercial Developer commences the construction of the remaining Phase
Two Improvements or prior to issuance of the CO. If the County desires to construct some or all
of the Phase Two Improvements, other than the turnaround, prior to the time the Commercial
Developer elects to construct same; (i) the County and Commercial Developer shall seek to
negotiate an agreement, satisfactory to each of them (each in their sole and absolute discretion),
which provides for, among other things, the manner of calculation and the amount of costs to be
reimbursed the County by Commercial Developer, the furnishing of lien releases by the
contractor and its subcontractors, the obligation to bond or satisfy liens, builder's risk or
commercial general liability insurance, indemnification for acts and omissions of the contractor
and subcontractors, and such other matters as each of the Commercial Developer and the County
shall elect; and (ii) the County shall thereafter construct such Phase Two Improvements pursuant
to the agreement.
7. All necessary easements or fee interests for both phases will be conveyed at no
cost to the County within thirty (30) days of the execution of this Agreement by the last of the
parties,. These easements and fee interests are set forth in Exhibits "C", "D", "E", "F", "G", "H"
and "I", and shall be free of any liens, encumbrances, exceptions, or qualifications, except for
real estate taxes and assessments.
8. After the median is constructed, the BCC may at any time permanently close the
left turn lane median if it determines in its sole discretion that a hazardous condition exists.
Transportation Staff may temporarily close the left turn median at any time Staff determines that
a hazardous condition exists, but must take the closure the issue to the Board at the next regularly
scheduled Board meeting. The County agrees that it will take a period of two years after Oil
Well Road is completed and open before traffic will stabilize. E's and Commercial Developer
agrees and understands that after the two year period, County reserves the right to close said
median opening in the event that traffic queues back from the Immokalee Road intersection past
the median opening constructed as part of the Phase One Improvements.
9. Because E's Country Store was constructed under a less stringent landscape
buffer requirement per their existing approved Site Development Plan (SDP 89-48) issued over
20 years ago, the impact of the slope easement and compensating right of way warrants a
reduction of the required landscape buffer for the site in the event of any future redevelopment.
Under the Collier County Land Development Code in existence as of the effective date of this
Agreement (hereinafter referred to as "LDC") a 15 ft Type D buffer along the Oil Well Road
would be needed. The LDC has a provision to provide relief from this when there is a right of
way taking. Per LDC Section 9.03.07.2.a "Landscape Buffer may be reduced from the required
width or depth, but shall not result in a buffer less than five (5) feet in width or depth..." Also,
the LDC allows the Buffer to be displaced, In accordance with the LDC the required buffer
along E's Country Store Oil Well Road frontage (355ft) is reduced to 5 ft and the buffer maybe
displaced to the south side of the property, as applicable. The existing buffer on the site as
approved in SDP 89-048 will apply to the site until the site is redeveloped. The Commercial
Property frontage along Oil Well Road will fully meet the landscaping buffer provisions of the
Page 5 of 10
Agenda Item No. 16K5
January 11, 2011
Page 8 of 34
Land Development Code in effect as of the date of its development notwithstanding the slope
easement and turn lane dedications.
10. E's and Commercial Developer each hereby release any and all claims of any
kind which either may have against the County, its employees or agents resulting from the
closure of the Valencia Drive connection to Oil Well Road. E's and Commercial Developer
hereby hold the County harmless and agree to indemnify the County for any and all claims, other
than due to the County's (or its agents or employee's) willful acts or negligence, related to the
design and the construction of the Phase One Improvements located on the E's parcel. E's
hereby holds the County harmless and agrees to indemnify the County for any and all claims
related to environmental contamination caused by E's, attorney's fees and costs pertaining
thereto with regard to the E's Easement Property.
11. Commercial Developer shall not be responsible for the failure of E's to perform
its obligations hereunder, and E's shall not be responsible for the failure of Commercial
Developer to perform its obligations hereunder, and a failure by either Commercial Developer or
E's to perform its obligations hereunder shall not be a default of the other (Commercial
Developer or E' s) under this Agreement. In the event that E' s or Commercial Developer shall
fail to timely conveyor provide easements as to the property interests to the County as required
hereunder, or to timely permit the Phase One Improvements, this Agreement shall automatically
terminate and be of no further force or effect. In the event the County shall fail to initially
construct the Phase One Improvements it is obligated to construct, this Agreement shall be
terminated and any property interests conveyed or easements granted by one party to another
party shall be released or re-conveyed to the party conveying the property interest or granting the
easement.
Deal Terms Between E's and Commercial Developer
12. Within thirty (30) days of the execution of this Agreement by the last of the
parties, Commercial Developer shall grant to E's, in form and content reasonably acceptable to
E's and the Commercial Developer, all easements reasonably necessary to provide E's with
temporary access over that portion of the Commercial Developer's vacant property adjoining the
areas to be improved by E's, to construct and maintain the Phase One Improvements (other than
those being constructed by the County) depicted in Exhibit "B" that are located on the
Commercial Developer's parcel. In addition. Commercial Developer shall provide to E's an
access easement (in form and content reasonably acceptable to E's and the Commercial
Developer) for E's customers and employees over all roadway improvements depicted on
Exhibit "B" from time to time constructed within the Commercial Developer's parcel.
13. Within thirty (30) days of the execution of this Agreement by the last of the
parties, E's shall grant to Commercial Developer in form and content reasonably acceptable to
E's and the Commercial Developer, all easements reasonably necessary to provide Commercial
Developer with temporary access over that portion of E's property adjoining the areas to be
improved, to construct the Phase Two Improvements depicted in Exhibit "B" that are located on
the E's parcel. In addition, E's shall provide to Commercial Developer an access easement (in
form and content reasonably acceptable to E's and the Commercial Developer) for Commercial
Page 6 of 10
Agenda Item No. 16K5
January 11, 2011
Page 9 of 34
Developer and its tenants, and its and their agents, employees, licensees, invitees, tenants and
subtenants, and all successors and assigns customers and employees, over all roadway
improvements depicted on Exhibit "B" from time to time constructed within the E's parcel.
Standard Form Legal Provisions
14, This Agreement shall not be construed or characterized as a development
agreement under the Florida Local Government Development Agreement Act.
15. This Agreement is intended to run with the land. The burdens of this Agreement
shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest
to the parties to this Agreement. E's and Commercial Developer may, as between themselves
and their successors and assigns, in the OEA assign and/or allocate portions of their respective
obligations under this Agreement.
16. E's and Commercial Developer acknowledge that the failure of this Agreement to
address any permit, condition, term or restriction shall not relieve either the applicant or owner,
or its successors or assigns. of the necessity of complying with any law, ordinance, rule or
regulation governing said permitting requirements, conditions, terms or restrictions.
17, In the event state or federal laws are enacted after the execution of this
Agreement, which are applicable to and preclude in whole or in part the parties' compliance with
the terms of this Agreement, then in such event this Agreement shall be modified or revoked as
is necessary to comply with such laws, in a manner which best reflects the intent of this
Agreement. In the event the County is precluded from constructing in whole or in part the Phase
One Improvements it is obligated to construct hereunder, this Agreement shall automatically
terminate and any property interests conveyed (or easements granted) by one party to another
party shall be released or re-conveyed to the party conveying the property interest.
18, This is the entire agreement between the parties with respect to the matters set
forth herein, and any prior agreements or understandings of any kind are hereby merged and
integrated herein. Except as otherwise provided herein, this Agreement shall only be amended by
mutual written consent of the parties hereto or by their successors in interest. All notices and
other communications required or permitted hereunder shall be in writing and shall be sent by
Certified Mail, return receipt requested, or by a nationally recognized overnight delivery service,
and addressed as follows:
As to Commercial Developer:
Roberto Bollt
4500 Executive Drive
Suite 110
Naples, Florida 34119
Page 7 of 10
With copy to:
With copy to:
As to E's:
With copy to:
As to County:
With copy to:
Aaenda Item No. 16K5
- January 11, 2011
Page 10 of 34
Stephen Lowitz
Orangetree Associates
3521 N. 53rd Avenue
Hollywood, Florida 33021
Marshall J. Emas, Esq.
Shutts & Bowen LLP
200 East Broward Boulevard
Suite 2100
Ft. Lauderdale, Florida 33301
Burton Eisenbud
21246-C Clubside Drive
Boca Raton, Florida 33434
Richard D. Yovanovich, Esq.
Coleman, Yovanovich & Koester, P.A.
Northern Trust Bank Building
4001 Tamiami Trail North
Suite 300
Naples, Florida 34103
County Manager
Harmon Turner Building
3299 East Tamiami Trail, Suite 200
Naples, Florida 34112
County Attorney
Harmon Turner Building
3299 East Tamiami Trail, Suite 800
Naples, FL 34112
Notice shall be deemed to have been given on the next successive business day to the date of
the courier waybill if sent by nationally recognized overnight delivery service,
19. Roberto Bollt has executed this Agreement on behalf of the trust ("Trust") for
which he serves as trustee ("Trustee") solely in the capacity of trustee and not individually.
Therefore, notwithstanding anything to the contrary contained in this Agreement, the parties
agree that (i) all covenants, agreements, undertakings and other obligations of the Commercial
Developer, or pursuant to any documents, instruments or agreements provided pursuant hereto,
or which involve the Commercial Property or any portion thereof, are not intended to impose,
and shall not be construed as imposing, any personal or other liability upon Trustee and are
solely those of (and shall be performed by) the Trust; (ii) this Agreement has been executed by
Trustee as a trustee for the Trust, pursuant to the authority conferred upon him by the agreements
governing the Trust and without imposing upon him any liability or obligations; and (iii) no
party shall have any claim, demand, action or cause of action whatsoever against Trustee (or
Page 8 of 10
Agenda Item No. 16K5
January 11, 2011
Page 11 of 34
against any assets or properties other than those of the Trust) arising out of or relating to this
Agreement or the transaction contemplated hereby and shall look solely to the Trust for matters
involving same,
20. This Agreement shall be recorded by the County in the Official Records of Collier
County, Florida, within fourteen (14) days after the County enters into this Agreement.
Developers shall pay all costs of recording this Agreement. The County shall provide a copy of
the recorded document to the Developers upon request. The County shall promptly, from time to
time upon request, confIrm in writing for the benefit of E's and/or Commercial Developer. and
each one's respective successors and assigns, whether the obligations of a requesting party have
been fulfilled or, if not. the status of same. and whether this Agreement has been amended. In
addition, upon request at the time of completion of the Phase One Improvements and/or the
Phase Two Improvements, the County shall provide a statement, which may be recorded,
confIrming such completion.
21. In the event of a dispute under this Agreement, the parties shall fIrst use the
County's then-current Alternative Dispute Resolution Procedure. Following the conclusion of
this procedure, either party may file an action for injunctive relief in the Circuit Court of Collier
County to enforce the terms of this Agreement, said remedy being cumulative with any and all
other remedies available to the parties for the enforcement of this Agreement.
IN WITNESS WHEREOF. the parties hereto have caused this Agreement to be executed
by their appropriate officials, as of the date first above written.
Attest:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
FRED W. COYLE, Chairman
E'S COUNTRY STORES, LLC. a Florida
limited liability company
DATED:
Witness (Signature)
By:
BURTON EISENBUD, Manager
Name (Print or Type)
Witness (Signature)
Name (Print or Type)
Page 9 of10
Agenda Item No. 16K5
January 11, 2011
Page 12 of 34
DATED:
Witness (Signature)
By:
ROBERTO BOLLT, AS SUCCESSOR
TRUSTEE under Land Trust
Agreement dated January 27, 1986,
recorded in Official Records Book 1347,
Page 2331, and amended June 26, 1996,
and recorded in Official Records Book 2250.
Page 1827, both of the Public Records
of Collier County, Florida
Name (Print or Type)
Witness (Signature)
Name (Print or Type)
Approved as to form
and legal sufficiency:
Jeffrey A. Klatzkow
County Attorney
Page 10 of IO
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Agenda Item No. 16K5
January 11, 2011
D 1
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
The North 11 feet of the East 250 feet of the West 380 feet of Parcel 1 ,
ORANGETREE UNIT THREE. CITRUS GREENS SECTION. PHASE 1-A,
ACCORDING TO THE PLAT THEREOF, RECORDED IN Plat Book 14.
Page 121, of the Public Records of Collier County, Florida.
South Right-at-Way Line at Oil Well Road
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Collier County Growth Management Division - Transportation Engineering Department
11/05/1010:01 AM
Exhibit "0" Utility and Slope Easements
Agenda Item No. 16K5
January 11, 2011
D
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
The South 11 feet of the North 22 feet of the East 260 feet, together with
the North 11 feet of the West 105 feet, of the West 380 feet of Parcel 1 ,
ORANGETREE UNIT THREE, CITRUS GREENS SECTION. PHASE 1-A,
ACCORDING TO THE PLAT THEREOF, RECORDED IN Plat Book 14,
Page 121. of the Public Records of Collier County, Florida.
105'
South Right-at-Way Line at Oil Well Road
!
11 '
179.95'
260'
E'S Country Store
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PHASE 1-A
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SKETCH NOT TO SCALE
Collier County Growth Management Division - Transportation Engineering Department
11/24/10 10:26 AM
Exhibit "E" Road Right of Way Easement
Agenda Item No. 16K5
January 11, 2011
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
The North 11 feet of the West 90 feet of the East 179.95 feet of Parcel 1 ,
ORANGETREE UNIT THREE. CITRUS GREENS SECTION, PHASE 1-A,
ACCORDING TO THE PLAT THEREOF, RECORDED IN Plat Book 14.
Page 121. of the Public Records of Collier County. Florida.
South Right-at-Way Line at Oil Well Road
11'
89.95'
90'
E'S Country Store
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SKETCH NOT TO SCALE
Collier County Growth Management Division - Transportation Engineering Department
11/05/109:57 AM
Exhibit "F" Utility and Slope Easements
Agenda Item No. 16K5
January 11, 2011
1
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
The North 11 feet of the East 89.95 feet, together with the the South 11
feet of the North 22 feet of the West 100 feet, of the East 179.95 feet of
Parcel 1 , ORANGETREE UNIT THREE. CITRUS GREENS SECTION.
PHASE 1-A. ACCORDING TO THE PLAT THEREOF. RECORDED IN Plat
Book 14, Page 121, of the Public Records of Collier County. Florida.
/south Right-at-Way Line at Oil Well Road
89.95'
11'
100'
E'S Country Store
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ORANGETREE UNIT
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SKETCH NOT TO SCALE
Collier County Growth Management Division - Transportation Engineering Department
11/24/1010:35AM
EXHIBIT "G"
. 16K5
January 1 ,2011
SKETCH & DESCRIPTION Page 9 of 34
(ADDITIONAL ROAD RIGHt....OF...WAY)
A PARCEL OR TRACT Of LAND SITUATED IN THE STATE Of FLORIDA. COUNTY OF COWER. lYING IN SECTION 23, TOWNSHIP
48 SOUTH, RANGE 27 EAST, AND BEING A PORTION OF PARCEL 1 OF ORANGETREE UNIT THREE. CITRUS GREENS SECTION,
PHASE 1-A, ACCORDING TO THE PLAT THEREOf RECORDED IN PLAT BOOK 1,,", PAGE 121 OF THE PUBLIC RECORDS OF
COWER COUNTY. FlORIDA. AND BEING FURTHER DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWESTERLY MOST CORNER OF VALENCIA DRIVE ACCORDING TO THE PLAT Of ORANGETREE UNIT
THREE, CITRUS GREENS SECTION, PHASE l-A, RECORDED IN PLAT 800K PLAT BOOK 14, PAGE 121, OF THE PUBLIC RECORDS
Of COWER COUNTY, FlORIDA. ALSO BEING ON THE SOUTH RIGHT-Of-WAY LINE OF OIL WELL ROAD. STATE ROAD S-858,
100 FEET WIDE RIGHT-OF-WAY, AND ON AN ARC OF A CURVE, CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 4-0.00
FEET; THENCE SOUTHEASTERLY. ALONG THE WESTERLY RIGHT-Of-WAY OF VALENCIA DRIVE AND ALONG THE ARC OF A
CURVE TO THE RIGHT FOR 62.83 FEET, THROUGH A CENTRAL ANGLE OF 90'00'00", BEING SUBTENDED BY A CHORD THAT
BEARS S.4-4'53'06"E. AT 56.57 FEET; THENCE S.OO'OS'52"W., ALONG THE WESTERLY RIGHT-Of-WAY OF VALENCIA DRIVE (100
FEET WIDE RIGHT-OF-WAY) A DISTANCE or 67.B8 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEl;
THENCE CONTINUE ALONG SAID RIGHT-OF-WAY. S.OO'OS'S2"W., A DISTANCE OF 100.17 FEET TO A POINT ON A
NON~TANGENTlAL CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 53.00 FEET; THENCE NORTHERLY 115.79 FEET
ALONG THE ARC OF THE CURVE TO THE RIGHT THROUGH A CENTRAL ANGlE OF 105iB'2o',BEING SUBTENDED BY A CHORD
THAT BEARS N.OO'06'S2'E. AT 100.17 FEET TO THE POINT Of BEGINNING.
THE DESCRIBED PARCEL CONTAINS 1733 SQUARE FEET OR D.04.Q ACRES, MORE OR LESS,
SUBJECT TO EASEMENTS. RESTRICTIONS, RESERVATIONS ANO RIGHTS-Of-WAY OF RECORO.
BEARINGS ARE BASED ON THE PLAT OF ORANGETREE UNIT THREE, CITRUS GREENS SECTION, PHASE 1-A.
PLAT BOOK 14, PAGE 121, PUBUC RECORDS OF COWER COUNTY, FLORIDA.
OIL WELL ROAD
POINT OF - --. ...... C'....
COMMENCEMENT \
~~~R1C:IlER \
ORA~Ilf1RE( UNIT lNREE
OlRUS CllWlS Sl:CROO.
PHASE I-A
P.B. 14. PC. 121
:i
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I ' I
GRAPHIC SCALE
,"= 50'
~~~ ---+
~~~ENr I
PER (>..AT I
UNE
L\
L2
DiSTANCE
67.88'
100.17'
CUR VE TABLE
ARC
62.S::r
115.79'
CURVE
C1
C2
RADIUS
40.00'
63.0Q'
DELTA ANGLE
90""00'00'
1 05' 18'2S"
CHORD
56.57'
100.17'
CHORD BEARING
544'53'08'[
NOO""OS'52"E
- THIS IS NOT A SURVEY ...
JOB #
2010 960
TEXT FILE
10-960 ROW.TXT
A I:.
2010 960 COMPS ROlf.DlfG
28100 BONITA GRANDE DRIVE SUITE 107 drawn' sheet #,
BONITA SPRINGS, FL 34135
PBONE: (239) 405-8166 FAX: (239) 405-8163 TCS 1 of' 1
RHODES &: RHODES
LAND SURVEYING, lNe
LICENSE ILB 6897
DATE
DEC. 12010
7HOMAS Eo RHODes. SR.. P.s.M. 5854
!:'
N
!;i'tlf!:Sf I~]::t.:
. 16K5
January 1 ,2011
Page 0 of 34
SKETCH & DESCRIPTION
(10'WlDE UTILITY & SLOPE EAsEMENT)
A PARCEL OR TRACT OF LAND SITUAlED IN THE STA11: OF FLOR1DA, COUNTY OF COLLIER, LYING IN SECTION 23,
TOWNSHIP 48 SOUTH, RANGE 27 EAST, AND BEING A PORTION OF PARCEL 1 OF ORANGElREE UNIT THREE, CllRUS
GREENS SECTION, PHASE I-A, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 14, PAGE 121 OF THE
PUBUC RECORDS OF COLLIER COUNTY, FLORIDA, AND BEING FURTHER DESCRIBED AS FOLLOWS:
COMI.lENClNG AT THE NORTHWESTERLY MOST CORNER or VALENCIA DRIVE ACCORDING TO THE PLAT or ORANGETREE
UNIT THREE, CITRUS GREENS SECTION, PHASE I-A, RECORDED IN PLAT aOOK PLAT BOOK 14, PAGE 121, OF THE
PUBLIC RECORDS OF COLLIER COUNTY. flORIDA, ALSO BEING ON THE SOUTH RIGHT-OF-WAY LINE OF OIL WELL ROAD,
5TAlE ROAD 5-858, 100 FEET WIDE RIGHT-OF-WAY. AND ON AN ARC OF A CURVE, CONCAVE SOUTHWESTERLY AND
HAiliNG A RADIUS OF 40.00 FEET; THENCE SOUTHEASTERLY, ALONG THE WESTERLY RIGHT-Of-WAY OF VALENCIA DRIVE
AND ALONG THE ARC OF A CURVE TO THE RIGHT fOR 62.63 FEET, THROUGH A CENlRAL ANGLE OF 90'00'00., BEING
SUBlENDED BY A CHORD THAT BEARS S.44'53'06.E. AT 56.57 FEET; THENCE S.OO'06'52"W., ALONG THE WESTERLY
RIGHT-OF-WAY OF VALENCIA DRIVE (100 FEET WIDE RIGHT-Of-WAY) A DISTANCE OF 55.77 FEET TO THE POINT OF
BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUE ALONG SAID RIGH1-0F-WAY, S.OO'05'52"W., A
DISTANCE or 12.11 FEET TO A POINl ON A NON-TANGENTIAL CURVE CONCAVE EASTERLY HAiliNG A RADIUS OF 53.00
FEET: THENCE SOUTHERLY 115.79 FEET ALONG THE ARC OF THE CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF
10S'8'26", BEING SUBTENDED BY A CHORD lHAT BEARS S.00'06'S2.W. AT 100.17 FEEl; THENCE S.DO'05'S2.W., A
DISTANCE OF 12.11 FEET TO A POINT ON A NON-TANGENTIAL CURVE CONCAVE EASTERLY HAiliNG A RADIUS OF 73.00
FEET; THENCE NORTHERLY t48.89 FEET ALONG THE ARC Of THE CURVE TO lHE RIGHT THROUGH A CENTRAL ANGLE OF
116'S1'40'. BEING SUBTENoED BY A CHORD THAT BEARS N.00'06'S2"E. AT 124.39 FITT TO THE POINT OF BEGINNING.
THE OESCRIBED PARCEL CONTAINS 1324 SQUARE FEET OR 0.030 ACRES, MORE OR LESS.
SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVA1l0NS AND RIGHTS-Of-WAY OF RECORD.
BEARINGS ARE BASED ON THE PLAT OF oRANGETREE UNIT THREE, CllRUS GREENS SECTION, PHASE I-A.
PLAT BOOK 14. PAGE 121, PUBUC RECORDS OF COWER COUNTY, FLORIDA.
OIL WELL ROAD
SOtnH RIQJT-OI'-WAY llIL !lEU ROA~ (flJflIjBlLY STATE ROllO s--m 'IJO' 'MlJ!: RICliT-OC-.....Y
. ,
i
POINT OF ..... " C}
COMMENCEMENT \
~~Wf.~R7:- \
llIlA~GElREE UNIT ll<RE:E
C11R1JS GREENS SEcnON,
PHI\SE I-A
P.B. H. PC. 121
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.- THIS IS NOT A SURVEY ...
THOMAS Co RHOOES, SR.. P.S.M, 58!;>4
"
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POINT OF
BEGINNING
I
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>::11
sl
U
~
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......1
:;:1
I
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1 I I
GRAPHIC SCALE
,.= 50'
LINE
L 1
L2
L3
LINE TABLE
BEARING I
SOcr06'S2"W I
SOO'OS'S2"W
SOcrOo.52....V
DiSTANCE
55.77'
12. I"
12.11'
C IJRVE
C1
C2
CJ
CURVE
ARC
62.83'
115.79'
148.89'
CHORD BEARING
S44'S3'OS"E
SOO'OS'S2'W
NOO"D5'52"E
TABLE
RADIUS
40.00'
53.00'
7.3.00'
OEL.TA ANGLE
90'00'00"
105"18'26"
116'51 '40'
CHORD
56.57'
100.17'
124..39'
JOB #
2010-960
TEXT FiLE
0-960 UTIlJ'I'Y.TXT
t.
2010-960 COMPS UTIlJTY.IllfG
28100 BONITA GRANDE DRIVE SUITE 107 dro.wl'll sheet jI:
BONITA SPRINGS, FL 34135
PHONE, (239) 405-8166 FAX: (239) 405-8163 TCS 1 of 1
RHODES III RHODES
LAND SURVEYING, me
UCENSE ILB 6897
DATE
DEC, 1 2010
.EXHIJ~.(T "'"
SKETCH & DESCRIPTION
(12' 'W1DESLOPEtASEMENT)
. 16K5
January 1 ,2011
Page 1 of 34
A PARCEL OR TRACT OF LAND SITUATED IN nJE STATE OF FLORIDA, COUNTY OF COWER, LYING IN SECllON 23,
TOWNSHIP 48 SOUTH, RANGE 27 EAST, AND BEING A PORTION OF PARCEL 1 OF ORANGETREE UNIT "THREE. CITRUS
GREENS SECllON, PHASE I-A, ACCORDING TO THE PLAT nJEREOF RECORDED IN PLAT BOOK 14, PAGE 121 OF THE
PUBLIC RECORDS OF COWER COUNTI, FlORIDA, AND BEING FUR"THER DESCRIBED AS FOlLOWS:
COMMENCING AT THE NORTHWESTERLY MOST CORNER OF VAlENCIA DRIVE ACCORDING TO nJE PLAT OF ORANGETREE
UNIT THREE, CITRUS GREENS SECTION. PHASE I-A, RECORDED IN PLAT BOOK PLAT BOOK 14. PAGE 121. OF THE
PUBLIC RECORDS OF COWER COUNTY, FLORIDA, ALSO BEING ON nJE SOUiH RIGHT-OF-WAY LINE OF OIL WEll. ROAD,
STATE ROAD 5-858, 100 FEET 'W1DE RIGHT-OF-WAY, AND ON AN ARC OF A CURVE, CONCAVE SOUTHWESTERLY AND
HAVING A RADIUS OF 40.00 FEET: THENCE SOUTHEASlERLY, ALONG THE WESTERLY RIGHT-OF-WAY OF VALENCIA DRIVE
AND ALONG THE ARC OF A CURVE TO THE RIGHT FOR 62.8.3 FEET. THROUGH A CENTRAL ANGLE Of 90'00'00., BEING
SUBTHIOED BY A CHORD THAT BEARS S.44'53'D8'E.. AT 56.57 FEET; THENCE S.00'06'52"W., ALONG THE WESTERLY
RIGHT-Of-WAY OF VALENCIA DRIVE (100 FEET WIDE RIGHT-Of-WAY) A DISTANCE OF 42.04 FUT TO THE POINT OF
BEGINNING Of THE HEREIN DESCRIBED PARCEL; THENCE CONTINUE ALONG SAID RIGHT-OF-WAY, S.00'OS'S2'W., A
DISTANCE Of 13.73 fEET TO A POINT ON A NON-TANGENTIAL CURVE CONCAVE EASTERLY HAVlNG A RADIUS Of 73.00
FEET: THENCE SOUTHERLY 148.89 FEET ALONG THE ARC OF THE CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF
116'51'40., BEING SUBTENDED BY A CHORD THAT BEARS S.OD'OS'S2'W. AT 1209 FEET; THENCE S.OO'06'S2"W., A
DISTANCE OF 13.7.3 FEET TO A POINT ON A NON-TANGENTIAL CURVE CONCAVE EASTERLY HAVING A RADIUS OF 85.00
FEET: THENCE NORTHERLY 187.76 FEET AlONG THE ARC OF THE CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF
126'33'40", BEING SUBIENDED BY A CHORD "THAT BEARS N.OO"OS'52"E. AT 151.85 FEET TO THE POINT OF BEGINNING.
THE DESCRIBED PARCEL CONTAINS 2020 SQUARE FEET OR 0.046 ACRES, MORE OR LESS.
SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHTS-OF-WAY OF RECORD.
BEARINGS ARE BASED ON THE PLAT OF ORANGETREE UNIT THREE, CITRUS GREENS SECllON, PHASE 1-A,
PLAT BOOK 14, PAGE 121, PUBLIC RECORDS OF COll.IER COUNTY, FLORIDA.
OIL WEll ROAD
SOI.JTH R1GHT-(ll' WAY (JL .WIll /lj)An (rn'oIaIl Y STATE ROAO S-
"""- I
I
100' lID[ R1CHT-QF-WA,Y
_._- -..........
POINT OF " C'"
COMMENCEMENT \
~~?DIIIW- \
OOAKGETllEE U~IT THRtE I
CllRtlS GREENS SECDON, 'I
PHASE I-A I
P.8. 14. PG. 121 I :J
I
POINT Of
BEGINNING
r.:: I
;;;..
'l! -
l!i ~
-< :::t
:~ :$
'" > U
u ,.. ~
~
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~I 0 25' 50'
I , I
I GRAPHIC SCALE
1"= 50'
EXlSllNG I
10' WlOE -
UTIUTY I
~~~~'1 I
OIST AN CE
42.04'
1.3.73'
1.3.73'
UNE TABLE
UNE BEARING
L1 SOO'06'52"W
L2 SOO'OS'S2"W
L3 SOO'06'52"W
CURVE TABLE
CURVE RADIUS DELTA ANGLE ARC CHORD
Cl 40.00' 90'00'00. 62.B3' 56.57"
C2 n.oo' 116"51 +0 148.89' 124.39'
C3 85.00' 126"33'40" 187,76' 151.85'
CHORD BEARING
S44'5,3'OS"E
SOO'06'52'W
NOo-06'52"E
- THIS IS NOT .A SURVEY ...
RHODES 8& RHODES
LAND SURVEYING. INe
UCENSE ILB 6897
DATE
DEC, 1 2010
THOMAS E. RHODES, SR.. P.s,M. 5854
sheE't #,
1 of 1
"
N
Agenda Item No. 16K5
January 11, 2011
Agenda900fl pq6.of~
December 14.2010
Page 1 of 12
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners provide direction to staff on
seleetion of preferred alternative to address access to E's Country Store on Oil WeJI Road,
currently UDder construction.
OBJECTIVE: For the Board of County Commissioners to select its preferred method of
providing access to E's Country Store on Oil Well Road, currently und(..'J' construction, from a
series of alternate access concepts.
CONSIDERATIONS: The project for Oil Well Road. Project No. 60044, was part of the
Developer's Contribution Agreement (DCA) for the development of Ave Maria. Througho'ut the
design of the project. public meetings were held at several milestones during the development of
the project. A 30010 design phase public meeting was held on November 28. 2005; a 60% design
phase public meeting was held on September 14, 2006; a 90% design phase meeting was held on
June 27. 2007. The project went out to bid and was subsequently awarded by the Bee to
Mitchell and Stark Construction on December 15, 2009. The Notice to Proceed for the project
was issued on FebNlU'Y 3.2010 with final completion of the project on March 15,2012. A public
information meeting for the kickoff of construction was held on February 22, 2010. E's Country
Store attended the public meetings throughout the project development, voiced their concerns but
did not coordinate with the Orange Tree commercial owner to consider alternatives until after the
county commenced construction, at which time they requested, essentially, the same concept as
presented in Alternative # 2 below,
-
CU-'Tent project plans call for only a right-in/right-out driveway access to E's on Oil Well Road at
its current location. Due to limited right-of-way and prior commitments to construct the turn
Jane within the original pennit application, no right turn lane is provided for the E's driveway
access point. In anticipation of the typical costs incurred in resolving business and severance
damage claims made by property owners and business proprietors, a decision was made to
construct the proposed improvements within the existing right-of-way and avoid any such
claims, This was accomplished by constructing a low retaining wall (rather than an earthen back
slope outside the existing right-of-way), and installing a guard rail along the roadway and a
handrail along the edge of the sidewalk (over the retaining wall) along the South side orOil Well
Road along the frontage of E's Country Store. Also, at the request of the homeowners of
Orangetree Subdivision, the roadway of Valencia Drive was closed at Oil Well Road to prevent
future commercial congestion of a residential roadway.
At the October 26, 2010 meeting of the Board of County Commissioners (BCq, a public
petition by E's was presented asking the Bee to consider revising the Oil Well Road project to
provide improved access to B'g and the future commercial development adjacent to and south of
E's. Following that presentation and discussion, the BeC directed staff to bring alternative plans
for access to E's back to the Board for further review and discussion.
--
Prior to and following the BCC meeting of October 26, 2010, County staff and representatives of
E's met to discuss and devise different alternatives for providing access to E's and the future
commercial development adjacent to E's. A community meeting was held with Orange Tree and
the community confirmed that it did not want Valencia opened to commercial traffic and bypass.
StatT had prepared presentations to be brought before the board concerning this issue on three
prior occasions believing each time that a resolution had been a,!:,'Teed upon.
Agenda Item No. 16K5
A Jan~...11lr9.11
~eencde~~~~Z~81~4
Page 2 or 12
As a result of these discussions, four (4) different alternatives were developed for access to E's.
Following is a list of those alternatives with pros and cons noted for each alternative. Drawings
of each respective alternative are attached tor use and review.
Staff recognizes that temporary access during this economic recession in conjunction with low
opening day volumes may provide a short tenn benefit to E's Country Store and the Orange Tree
commercial site, however it should be noted that the Oil well Road project was designed to
maximize the value (capacity added) of the Oil Well Road widening for all of the traveling
public. Permanently compromising access management diminishes the carrying capacity of a
facility, leads to higher impact fees and requires additional facilities to'. compensate the reduced
capacity. Any concession to use current available capacity needs to clearly document the intent
to close off the access as soon as it creates a safety or operational problenlt
Alternative #1: Current Construction Plans as Proposed
The current construction plans, now under construction, maintain the existing driveways to E's
Country Store. One driveway on Oil Well Road approximately 180' East of Immokalee Road
and the other driveway on hnmokalee Road approximately 220. South of Oil Well Road.
Valencia Drive was closed at its intersection with Oil Well Road thus a Westbound left turn lane
on Oil Well Road at Valencia wa') not provided. 11115 concept is shown in the Alternative # 1
exhibit.
Pros
. The full impact of the Orange Tree commercial site would be considered at the
time it develops along with the E's access modifications. This would coordinate
the improvement and share the burden of site related improvements between the
benefiting pa11ics.
. Maintains safety and operational effectiveness of commitment of considerable
public funds for lmmokalee Road and constrained Oil well Road improvements
into the future, especially in constrained area with the public schools.
. Protects the corridor from multiple driveway access points, turn lanes, etc., to the
same ownership or sites closed to the lmmokalce Road at the Oil Well Road
intersection.
. Addresses the concerns of the Orangetree Subdivision homeowners regarding
commercial tranic and congestion on a residential roadway.
. No additional cost to the County for implementation
Cons
. No Westbound turn lane into E's and the existing right-inlright-out driveway
access is very close to Immokalee Road..
. Potential County exposure to loss of access claims from the Orange Tree
commercial site for closure of Valencia Drive. (Note: a right-in and right-out re-
opening of Valencia Drive to Oil Well Road without the median opening might
address this and following community concern)
. Commercial claim to Valencia Drive access to Oil Well Road is in conflict with
residential desirc for closure.
.......
Agenda Item No. 16K5
January 11, 2011
Agenda~ IQEt. ctfCW
December 14, 2010
Page 3 of 12
Alternative #2: Revise construction Plans to Rc-open Valencia Drive
Valencia Drive at its intersection with Oil Well Road was closed due to neighborhood concerns
of by-pass traffic and due to its close proximity to lmmokalee Road. Tl1.is alternative would re-
open Valcncia Drive and provide for a directional median opening. Access to B's may be
achieved on Valencia Drive as shown in exhibit Alternative # 2.
Pros
. The full impact of thc Omnge Tree commercial site would be considered at the
time it develops along with the E's access modifications. This would coordinate
the improvement and share the burden of site related improvements betwecn the
benefiting parties.
. Provides improved and proper access management into E'g and the future
commercial development via Valencia Drive and a westbound left turn lane on
Oil Well Road at Valencia Drive und an Eastbound right turn lane at Valencia
Drive.
. Very simple plan to design and implement.
. No potential County exposure to loss of access claims from commercial property
owners.
. Cost of retaining wall, guard rail and hand rail eliminated as long as property
owners donate the right..of-way required to construct the required fill slope.
Cons
" Additional delay to the roadway project for design and implementation; c.ontractor
likely to request reimbursement for delays.
. Does not address the concerns of the Orangetree Subdivision homeowners
regarding commercial traffic and congestion on residential roadway.
. Westbound left turn at Valencia Drive would have to be eliminated in the future
based upon future trame demands and safety due to anticipated traffic volumes at
the int{.'t"section of Immokalee Road and Oil Well Road thereby creating a right in
and right out only at Valencia Drive at Oil Well Road.
. Commercial claim to Valencia Drive access to Oil Well Road is in conflict with
residential desire for closure.
Alternative #3: Modified Site LavoDt wi E's and Future Commercial Development
This alternative modifies the E's Country Sture site layout and would provide revisions to
construction plans of Oil Well Road as shown in exhibit Alternative # 3. A directional median
opening provided at a point west of Valencia Drive with new shared access for E's and the
Orange Tree PUD shopping center established with condition to E's relocation of current right-
in/right-out access and Valencia Drive would be closed with cul-de-sac developed.
.,.._.
Pros
. Provides improved access to E's ano the future commercial development with
westbound left turn lane.
Agenda Item No. 16K5
January 11, 2011
Agenda900tt Na.ofcfA1
December 14,2010
Page 4 of 12
· Addresses the neighborhood concerns of the Orangetree Subdivision
homeowners.
· Provides for the right-of:way and relocation and construction of the right-in/right-
out driveway access to E's; also provides for right turn lane at same which
enhances traffic safety on Oil Well Road,
· Provides right-of-way and construction of the turnaround for motorists on
Valencia Drive at dead end at Oil Well Road.
· Cost of retaining wall guard rail and hand rail eliminated, with property owners
donating the right-of~way required to construct the required fill slope.
· Westbound left tum lane for E.s and commercial site near Valencia Drive would
be guaranteed for a period of 3 years and then only be eliminated in the future
when queue volumes from the intersection of Immokalee Road and Oil Well Road
extend beyond the directional median.
· Provides better access during this economic recession and defers Closure until
volumes warrant it. Restricted access would accompany higher volumes
associated with more traffic (potential customers) passing E's.
· All access related improvements are completed at one time without additional
disruption to traffic patterns after the existing construction is completed.
Cons
· Roadway construction project will be delayed due to redesign and
implementation; contractor will likely want reimbursement caused by delay.
· Assumes Orang Tree PUD will provide the right-of-way and that this
improvement will meet the needs or his upcoming development of the
commercial site.
Alternative #4: Modified Site Lavout for E's wI Staeed Improvements
This alternative would modify E.s site layout and would only construct Westbound turn lane on
Oil Well Road while maintaining the existing driveway shown in exhibit. Staff DOES NOT
recommend this option depicted as exhibit Alternative # 4
Pros
. Provides improved access to E's and the future commercial development with
westbound left turn lane.
. Addresses the neighborhood concerns of the Orangetree Subdivision
homeowners.
. Additional right-of-way provided by E's and the future commercial development
for right turn lane into E's.
. Cost of retaining wall, guard rail and hand rail eliminated with property owners
donating the right-of-way required to construct the required fill slope.
('-Dns
. Does not relocate nor commit timeframe for the relocation of the existing right-.
in/right-out driveway access to E's and does not provide for construction of the
right turn lane at same during the initial stage.
Agenda Item No. 16K5
Agen~~njig,Q' ...11 ~~ll
Decem~081'd
Page 5 of 12
. Sets a precedent of using public funds for private site related improvements.
. Will cause disruption to traffic on Oil Well Road when construction occurs during
future stages. This is particularly disruptive when school pedestrian and vehicular
traffic are present.
. Does not provide for the construction for the turnaround on Valencia Drive.
. Westbound left turn lane for E's near Valencia Drive would have to be eliminated
in the future based upon future traffic demands and safety due to anticipated
traffic volumes at the intersection ofIrnmokalee Road and Oil Well Road thus
creating a right in and right out only condition.
. Minimal public benefit realized from this alternative; essentially all improvements
arc: for the benefit of E's and future commercial development. The petitioner, E's
Country Store, wishes to use all the savings resulting from deletion of work items
such as the wall and guardrail to go to the construction of the Westbound left turn
lane and the On~Site improvements. Staff does not recommend that all savings be
used solely for the benefit of private development, particularly for the On-Site
Construction which is required to be borne by the developer,
. Roadway construction project will be delayed due to redesign and
implementation; contractor willlike1y want reimbursement caused by delay.
. Assumes Mr, Bolt will provide the right-of-way and that this improvement will
meet the needs of his upcoming development of the commercial site.
FISCAL IMPACT:
Alternative # i: The construction project as designed and went to bid indudes all costs
associated with this alternative. Neither savings nor additional costs to the project will be
realized.
Alternative # 2: With donation of right-of-way by E's and Orange Tree PUD, an anticipated
savings of approximately $103,000 will be realiz.ed due to deletion of contracted items in the
project (retaining wall, guard rail and band rail). A portion of the savings estimated at $55,000
would be required, if directed by the Board, to construct the Westbound left lane and directional
median opening as well as the re-opening of Valencia Drive, The Eastbound right turn lane on
Oil Well Road and any compensating right-of-way would be a site plan approval requirement of
Orange Tree PUD or E's. Stafl'does not recommend using any of the savings to construct on-site
improvements or site related items that would be required by the site developments. While a
greater savings to the county would be realized, the request is to open the median and reduce the
capacity of the multi-laning improvements the public is funding
Alternative # 3: With donation of right-or-way by E's and Orange Tree PUD, an anticipated
savings of approximately $103,000 will be realized due to deletion of contracted items in the
project (retaining wall, guard rail and hand rail). A portion of the savings, estimated at $68,000
may be used, if directed by the Board. for the construction oftbe Westbound left turn lane with
directional median opening, and the cui-dc-sac construction of Valencia Drive. The Eastbound
right turn lane on Oil Well Road and any compensating right-of-way would be a site plan
.... approval requirement of Orange Tree PUD or E's. Staff does not recommend using any of the
savings to construct on-site improvements or site related items that would be required by the site
developments. While a greater savings to the county would be realized, the request is to open the
median and reduce the capacity of the multi-laning improvements the public is funding
Agenda Item No. 16K5
January 11, 2011
AgendcftOOll ~b.of ~
December 14.2010
Page 6 of 12
Alternative # 4: Staff does not recommend this alternative. With donation of the right-of~way by
E's and Orange Tree PUD, an anticipated savings of approximately $103,000 will be realized
due to deletion of contracted items in tbe project (retaining wall, guard rail and hand rail). A
portion of the savings estimated at $45,000 may be used, if directed by the Board, for
construction of the Westbound left turn lane with directional median opening. StatT does not
recommend using any of the savings to construct on-site or site related improvements required
by the development. (The petitioner is asking the Board to allow for the savings to be used to
construct the on-site modifications.) As structured, any savings would be provided to E's and the
Orange Tree PUD to fund improvements within the PUD that the Orange Tree PUD would need
to fund when the commercial development proceeds. While a greater savings to the county
would be realized, the request is to open the median and reduce the capacity of the multi-Janing
improvements the public is funding
LEGAL CONSIDERATIONS: The County Attorney's office does not support any contractual
agreement with the commercial property owners wherein the County agrees not to close a
median opening in public road right-of way for a period of time after initial construction. Option
3 proposes a period of three years. If the County breaches the agreement, then the County will
be obligated to compensate the commercial property owner's that are a party to the 8b1feement for
damages resulting from the closure. The County Attorney's office will work with staff and the
property owner's to implement Board direction.--HFAC
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners:
1. Provide direction to staff on the selection of the preferred alternative for access
improvement to E's Country Store. Staff has ranked the alternatives in priority order with
Alternative # ) having the highest ranking, solely relative to the transportation issues. It is
understood that the Board may need to consider these issues relative to other community
concerns. Therefore, staff recommends that The BCC only consider Alternative 1 thru
Alternative # 3. Although Alternative # 4 is presented in this Executive Summary in
response to the desire of the applicant, it is not recommended and would set a precedent
in expenditure of pub lie funds for site related improvements that would be required ofE's
and the Orange Tree PUD when it comes fOIWar~ and
2. Any agreement between and among the parties (Collier County, E's Country Store, LLC,
and Roberto Bollt. Trustee), after its review by the County Attorney, will be brought back
to the BCC for Board approval.
....-.
Prepared By: Jay Ahmad. r.E, Director, Transportation Engineering
Attaclunents: Exhibits; Alternative 1,2,3 and 4.
Agenda Item No. 16K5
January 11, 2011
AgendRft\iWJ f.tO~ ~~
December 14, 2010
Page 7 of 12
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
10A
Recommendation that the Board of County Commissioners provide direction to staff on
selection of preferred alternative to address access to Es Country Store on on Well Road,
currently under construction. (Norman Feder, Administrator, Growth Management)
12/14/20109:00:00 AM
Meeting Date:
Prepared By
Najeh Ahmad
Director. Transportation Engineering
Transportation Engineering &
Construction Mallag~ment
Date
Transportation Division
1211/201010:03:09 AM
Approved By
Heidi F. Ashton
Section Chief/Land Use-Transportation
Date
County Attorney
County Attorney
1211/201012:10 PM
Approved By
Norm E. Feder, AICP
Administrator. Transportation
Date
Transportation Division
Trans~lortation Adminlstratlon
1211/20101:06 PM
Approved By
Nick Casaianguida
Direcior - Transportation Pianning
Date
Transportation Division
Transportation Planning
12/1/20101:19 PM
Approved By
Najeh Ahmad
Director. Transportation Engineering
Transportation Engineering &
Construction Management
Date
Transportation Division
12/1120102:11 PM
Approved By
Lisa Taylor
Management/Budget Analyst
Date
Transportation Division
Transportation Administration
1211120103:00 PM
A pproved By
Kevin H. Dugan
Project Manager
Date
Transportation Division
Transportation Engineering &
Construcllon Management
12/1/20103:44 PM
A pproved By
Natali Betancur
AdminIstrative Assistant
Date
Transportation Division
Transportation Road Maintenance
1211/20104:40 PM
Approved By
OMS Coordinator
Date
Agenda Item No. 16K5
January 11, 2011
Agena>N~~~Y6~ i~A
December 14. 2010
Page B of 12
County Manager's Office
Office of Mal'lIgement & BUdget
1212120102:13 PM
Appro\'l'd By
Steve Carnell
Direclor . Purchasing/General Services
Date
Administrative Services
Division
PurchasIng & General Services
1212120102:53 PM
A pproved By
Therese Stanley
Office of Management &
Budget
Manager - Operations Support. Trans
Date
Office of Management & Budget
12/3'20102:05 PM
Approved By
Leo E. Ochs. Jr.
C'Junly Manager
Date
County Managel'$ Office
County Managel'$ Office
12/6/20106:33 PM
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Agenda Item 11' 2011
January 33' of 34
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Agenda Item No. 16K5
January 11, 2011
Page 34 of 34
J. Appointment of members to the Isles of Capri Fire Control District Advisory
Committee.
Resolution 2010-243: Appointing Kevin Walsh, Thomas Decker and
Joseph Langkawel- Adopted 5/0
K. Appointment of member to the Collier County Coastal Advisory Committee.
Resolution 2010-244: Appointing Randolph M. Molty - Adopted 5/0
L. Appointment of a member to the Collier County Citizens Corps.
Resolution 2010-245: Re-Appointing Douglas Porter - Adopted 5/0
M. Appointment of members to the Immokalee Enterprise Zone Development
Agency.
Resolution 2010-246: Appointing Lieutenant Dan Lee with the Collier
County Sherifrs Office (Local Law Enforcement Representative) and
Daniel Rosario with Seminole Casino (Local Business Representative)
Adopted - 5/0
10. COUNTY MANAGER'S REPORT
A. RecO!Ilmenrt~tion tl1.at the Board of County Commissioners provide direction
to staff on selection of preferred alternative to address access to E's Country
Store on Oil Well Road, currently under construction. (Norman Feder,
Administrator, Growth Management)
Motion approving Alternative #5 (Modified Alternative #4) that will be
presented to the County Attorney's Office and reviewed by the Board's
Chairman - Approved 5/0
Due to an advertisine error with Item #78. this item has been continued
to the January 11.2011 BeC Meetine and will be heard after Items #7A
and #7B. Recommendation to approve for recording the final plat of Eastern
Collier Research Park Unit 18, approve the standard form Construction and
Maintenance Agreement and approve the amount of performance security.
(Nick Casalanguida, Deputy Administrator, Growth Management Division)
C. Recommendation to approve proposed amendments to Collier County
Ordinance 92-60, as amended (Tourist Development Tax) and advertise the
proposed amended Ordinance for approval at a future meeting to reduce the
Tourism Emergency Reserve Fund 196 ceiling and eliminate the year end
sweep of funds from Tourism Administration Fund 194 to Fund 195 and
Page 9
December 14, 2010