Backup Documents 03/24/2009 Item #16B 1
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SUFI 6 B 1
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO .L
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Hoard Onice only after the Board has taken action on the item_)
ROUTING SLIP
Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
excention of the Chairman's si2oature. draw a line throup"h routing lines #1 through #4, complete the dlecklist, and forward to Sue Filson (line#5).
Route to Addressee(s) Office Initials Date
(List in routing order)
l.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONT ACT INFORMATION
(The primary contiCt is the holder of the original document pending Bee approval. Nonnally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one oflhe addressees above, inclu.1ing Sue Filson, need to cmtact staff for additional or missing
information. All original documents needing the Bce Chairman's signature are to be delivered to the BeC office only after the BCC has acted to approve the
item)
Name of Primary Staff Michael Greene Phone Number 252-5849
Contact
Agenda Date [tern was 03-24-09 Agenda [tern Number 16B I
Approved bv the BCC
Type of Document Agreement Number of Original 3
Attached Documents Attached
I.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "NI A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some docwnents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on 03-24-09 (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count AttorDe 's Office has reviewed the chao es, if a licable.
Yes
(Initial)
N/A (Not
A Iicable)
2.
3.
4.
5.
6.
:.)
\'-\k
LIj)
l')
cV
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I: Forms! COlmty Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
1681
MEMORANDUM
Date:
March 25, 2009
To:
Michael Greene, Planning Manager
Planning Department
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Memorandum of Agreement between
Collier County and FDOT
Enclosed please find three (3) copies of as referenced above, (Agenda Item
#16Bl) approved by the Board of County Commissioners on Tuesday, March
24,2009.
Please return a fully executed orit:!inal to the Minutes and Records
Department for the Board's Official Record.
If you should have any questions, please contact me at 252-7240.
Thank you.
Enclosure
Reto:
cLBRK TO THB BOARD
INTEROFFICB 4TH FLOOR
Bi'1 8406
4?Q~~9? OR' a44~ Dr., 14~,n
t..U..J>oJ '" . J. ..J.I, \J. J. v
RBCORDBD In tne OFFICIAL RBCORDS or CoLLIBR COUNTl, Fi RBC FBB
04ii0/1009 at il:3&AK DW1GH'f B. BROCK. CLBRK COPIBS
52.50
6.00
MEMORANDUM OF AGREEMENT
FOR INTERIM MEDIAN OPENING
1681
THIS MEMORANDUM OF AGREEMENT (hereinafter referred to as the
"Agreement") is made and entered into this ~ of Inc,n':\-. , 2009, by and
between Ronald Benderson and David H. Baldauf, as Trustee Under a Trust Agreement
dated September 22, 1993, known as the Randall Benderson 1993-1 Trust, whose
address is 8441 Cooper Creek Boulevard, University Park, Florida 34201; WR-I
Associates, Ltd., a Florida limited partnership, whose address is 8441 Cooper Creek
Boulevard, University Park, Florida 34201 (collectively referred to as "Developer")
COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter
referred to as "County") whose address is and STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION, (hereinafter referred to as "FOOT") whose
address is 801 N. Broadway Avenue, Bartow, FL 33830.
R E C I TAL 5:
WHEREAS, Developer is the owner of certain undeveloped lands laying
adjacent to Davis Boulevard/State Road 84 within the unincorporated area of Collier
County, Florida which is zoned Planned Unit Development, more specifically 1-
75/Alligator Alley PUD County Ordinance No. 07-26 ("AA PUD"); and
WHEREAS, FDOT is widening Davis Boulevard adjacent to the AA PUD
property; and
WHEREAS, Developer wants to retain the existing median opening in Davis
Boulevard that allows access for eastbound trips to Joy Rose Place, the entry road to
the AA PUD (the "Median Cut"); as depicted on the site plan attached as Exhibit "A";
and
WHEREAS, FOOT and the County are willing to consent to the temporary
retention and improvement of the Median Cut subject ,to the conditions in this
Agreement; and
WHEREAS, Pursuant to Collier County LDC 4.07.02J.4, which requires
interconnection of adjacent parcels, Developer acknowledges that the AA PUD will be
required to utilize access to Davis Boulevard through adjacent property to the west
known as the East Gateway PUD when said adjacent property is developed with an
access road that connects the AA PUD to Davis Boulevard at the Market Center
intersection (the "East Gateway Access") as depicted on the site plan attached as
Exhibit "A"; and
OR: 4445 PG: 1435
1681
WIT N E SSE T H:
NOW, THEREFORE, in consideration of the covenants contained herein, the
parties agree as follows:
A. In every development order issued by the County for development that
may use Joy Rose Place for access, the County will use its best efforts to include
language that will put the applicant on notice that the Median Cut is a temporary
condition and list the five (5) trigger points for closure contained in Section E below. In
that this Agreement is an accommodation for Developer, failure by the County to
provide such notice shall not subject the County to any claim or liability.
B. The Developer is responsible for securing a bond in the amount of
$32,000.00 to cover the costs of median closure that either the County and/or FOOT
can draw upon if needed pursuant to the five (5) trigger points for closure contained in
Section E below. Said bond shall be in a form approved by FOOT and shall be provided
to the County and FOOT at least 14 days prior to construction of the Median Cut.
(Opinion of probable cost prepared by Benderson Development attached)
C. The Developer is responsible for 100% of the costs associated with
modifying the FOOT Davis Boulevard project design to include the Median Cut. The
Developer has contracted directly with FDOT's consulting engineer, TY Lin, for the
design changes that must be incorporated into the Davis Boulevard plans.
D. Prior to initiating construction of the Median Cut, the design modification
must be approved by FDOT.
E. The Median Cut shall remain open until such time as the first to occur of
anyone of the following trigger points:
1. The East Gateway Access is constructed and open for public
ingress and egress that connects to the AA PUD. The Developer shall notify the
County and FDOT within 7 days of the East Gateway Access being operational.;
or
2. If the left turn lane queues for the Davis Boulevard and CR 951
intersection back up past the Median Cut creating a safety or operational
problem, as identified by the County or FDOT. Final decision is at the discretion
of FDOT; or
3. If the Median Cut is identified by the County or FDOT as a safety or
operational problem. Final decision is at the discretion of the FDOT; or
4. The Median Cut shall be closed within three (3) years from the
completion of the road widening project construction of Davis Boulevard from
Radio Road to CR 951. FDOT will notify the Developer when project
construction is complete; or
Page 2 of4
OR: 4445 PG: 1436
1681
5. If no other triggers are met, the Median Cut must be closed by the
Developer no later than January 1, 2015, unless otherwise agreed to by FDOT in
its discretion.
F. Upon occurrence of any of the triggers identified in paragraph E above,
the Developer shall, within 30 days, submit a complete permit application to the FDOT
for closure of the Median Cut. Upon receipt of a permit from FDOT, the Developer shall
complete closure of the Median Cut within 90 days.
G. The County hereby covenants that it will not authorize development within
the East Gateway PUD unless the East Gateway Access is constructed and open for
public ingress and egress that connects to the AA PUD.
H. Developer shall execute this Agreement prior to it being submitted for
approval by the Board of County Commissioners. This Agreement shall be recorded by
the County in the Official Records of Collier County, Florida, within fourteen (14) days
after the Agreement is fully executed. Developer shall pay all costs of recording this
Agreement.
"Remainder of page intentionally blank"
Page 3 of 4
OR: 4445 PG: 1437
1681
IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of
Agreement to be executed by their appropriate officials, as of the date first above
wriUe n.
STATE OF FLORIDA
DEP~OF TRANSPORTATION
By. ~ ~
Sio. m. Can . "cf 5eere-larlf
e and Title
Attest: . i'"
-1.."-. .-".
DWIGH!,E. BROCK,Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER C UNTY, FLORIDA
By:
A FIALA, Chairman
Attest..s, to a.
StGlllturf' ,*,11" '
AS TO DEVELOPER:
IWm
David H. Baldauf, as Manager
David H. Baldauf, as Trustee
Under a Trust Agreement dated
September 22, 1993, known as the
Ran all Benderson 1993-1 Trust
WR-I ASSOCIATES, L TO
BY: BG The Village, LLC, General Partner
~
Page 4 of 4
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ALLIGATOR ALLEY
a.k.a. COLLIER/DAVIS COMMONS
COLLIER BOULEVARD (C.R. 951) ANO INTERSTATE 75
NAPLES, FLORIDA
JOYROSE PLACE
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PRELIMINARY
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*** OR: 4445 PG: 1439 ***
Joyrose Place
Roadway Closure
Opinion of Probabla Consrr>Jctlon Costs
November 19, 200;
16B 1
I ITEMIDESCRIPTION QUAt(rITl' UNIT COST TOTAL
f. OIfsJl8/mDlOvsmenfs:
Maintenance of Traffic 1.0 Is S 4.500.00 Is S 4.500.00
Asphalllcurb removal (incJ. ex/sting traffIC separator removal) 1.0 Is S 9.500.00 Is S 9.500.00
Excavation & embankment 120 ''Y S 6.50 <:i S 780.00
1" Type Fe.3 Friction Course 190 ';Y $ 11.00 'Y S 2.090.00
3" Type SP-12.5 Binder Course 190 ~IY $ 18.00 sy S 3.420,00
9" 8858 Course (LBR 100) 190 !iY $ 11.00 'Y S 2.090.00
12" Type '8' SlablllzatlQn (LBR 40) 190 !.y S 8.00 sy S 1.520.00
3' Type IV Traffic Separator 192 f S 25.00 If S 4.BOO.00
Pavement Marking & Striping (Thermoplastic incl. RPM's) 1.0 Is S 250.00 I. S 250.00
OTfsJI.'mprovements Total: S 2'.950.00
Grand Total: $ 28,950.00
General Notes:
1. Coat Opinion based on improvements dlrecUy rel81ed to the closure of Joyrosp Plat:e.
2. Cost Opinion based on plans prepared by Tylin Inlemalional. dated 10114/08.
Sanderson Development Company. LLC
PrD~tty II 3105
Pagll1