Backup Documents 01/27/2009 Item #10G
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
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Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Olliec. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on tbe ikm.:'
ROUTING SLIP
Complete routing lines #1 through #4 as appropriat~ I'or additional signatures, dates, and/or information needed. If the document is already complete with the
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execotion of the Chainnan '5 sie:nature, draw a line through routino lines I trough #4, complete tee ec "Ilst, and forward to ue Filson (line #5)
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approvaL Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the Bee Chaimlan's signature are to be delivered to the Bee oUiee only atter the BCe has acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was
A roved by the BCC
Type of Document
Attached
- ClcktJ
Phone Number
j...2- ff#
/0
Yes
(Initial
N/A(Not
A licable)
Agenda Item Number
aPT'
Number of Original
Documents Attached
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NPr
...........
.......-
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1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, wbichever is
a TO riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
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The document was approved by the BCC on 1/"'l'I.~ (enter date) and all changes
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I-.{ C,., 0(," A<;~~GLvto
I: Forms/ County Forms;' Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revisl:d 2.24.05 ~ l V {]L.{ .
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MEMORANDUM
Date:
March 23, 2009
To:
Heidi Ashton-Cicko
Assistant County Attorney
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Escrow Agreement for Access Improvements at
Aqua at Pelican Isle Yacht Club Project
Enclosed please find a copy of the original document, as referenced
above (Agenda Item #16A10), approved by the Board of County
Commissioners on Tuesday, January 27, 2009.
The Minutes & Records Department has retained the original
document for the Board's official records.
If you should have any questions, please contact me at 774-8411.
Thank you.
Enclosure
10S
FIRST AMENDMENT TO ESCROW AGREEMENT FOR ACCESS IMPROVEMENTS
This First Amendment to the Escrow Agreement for Access Improvements, made this ~-=rfl-...
day of . ~0"'\.'-UlVU . ,200l), (hereinafter referred to as "First Amendment") is entered into by and
between ECOYENtURE WIGGINS PASS. LTD., a Florida limited partnership (hereinatter
"Developer"), the Board of County Commissioners of Collier County, Florida (hereinafter referred
to as "County"), and GOODLETTE. COLEMAN, JOHNSON, YOY ANOYICII & KOESTER, P.A.
(hereinatter referred to as "Escrow Agent").
WIT N E SSE T H:
WHEREAS, the County. Developer and Escrow Agent entered into an Escrow Agreement
for Access Improvements dated October 2g, 200g (the "Agreement"); and
WHEREAS. the County, Developer and Escrow Agent desire to amend the tenns of the
Agreement.
NOW, THEREFORE, in consideration of valuablc consideration and the premises and
mutual covenants hereinafter set f(lrth, the parties agree as f()llows:
I. Section One of the Agreement is hereby deleted in its entirety and replaced with the
f(lllowing Section One:
I. The Developer will cause the Required Improvements to be eonstrueted
pursuant to the specifications that have been approved by the County Manager, or his
designee, by April 30, 200l).
2. Except as provided hercin. the Agreement shall rcmain in full t(lrce and effect.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by
their duly authorized officers and their otlieial seals, hereto aftixed the day and year first written
above.
DATED: ~l~l~
ATTEST:.\J'-'
DWIGHt EB~OCK~eerk
~~k
,1911aturt< 04\ I .
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
B' $~ d4-~
y.-- ~---- .
DONN FIALA. Chairman
Item # 'O~
Agenda 'I' ~ "'-' II.Jl
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Vv'itness Signature
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(2)
Printed,"J"yped Name
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\Vitl1l'SS Signature
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Printed/Typed Name
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PrintedTyped Name
(2) G.t..l~v''''' {k ~,t'<.~
'Witness Signature
\\b,YL'~ b..' e\y (k
Printcd.Typcd Name
Approvcd as to t()Il11 and
lcgal sutlicicncy:
CJD_
07-PKR-()()I07-.\j
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ECOVENTURE WIGGINS PASS, LTD.,
a Florida limitcd partncrship
By: Ecovcn!urc Wiggins Pass, Inc., a Florida
corporation, its Gcneral Palincr
GOODLEtTL COLLMAN JOHNSON YOV ANOVICH
& KOESTER. PA
B . ~A~:"'-"""" '---'
y. _______ C J -----
Richard D. Yovanovieh, Esquirc
Agrced and Aeeeptcd by:
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/UAa.e.t 4: .;/u.c, 'r<:1.'c,.>::,
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Gcra.t'd A. Mettale. .If.
Chief Restructuring Otlieer
t(X debtors in possession
20f2
!tpm No 10(; lOG
27,2009
1 of 1
EXECUTIVE SUMMARY
Request that the Board of County Commissioners (BCC) approve the extension of the
deadline to complete expanded intersection improvements to April 30, 2009 as part of
conditions of approval and status of compliance for the Coconilla Planned Unit
Development Ordinance No. 05-15, also known as the Aqua at Pelican Isle Yacht Club
Project, that was presented on September 23, 2008 as Item #16Kl (moved to Item #12A).
The expanded intersection improvements will include full construction of the permanent
access point at the signalized intersection with related site improvements.
OBJECTIVE: Request that the BCC review the conditions of approval and status of
compliance for the Coconilla Planned Unit Development Ordinance No. OS-IS that was
presented on September 23, 2008 and provide staff guidance on the timing and restrictions
required to complete the intersection and access improvements.
CONSIDERATIONS: On September 23, 2008 the BCC approved 5/0 "That the BCC make a
finding that: (I) pursuant to section 10.02.13.F.5 of the Land Development Code (LDC), that the
timing of the developer commitment of providing a point of egress and intersection
improvements prior to the issuance of the first certificate of occupancy as required by the
Coconilla Planned Unit Development Ordinance No. 05-15 is no longer necessary; and (2) that
the appropriate County staff issue the certificates of occupancy for the first tower building and
dwelling units therein prior to the completion of the referenced access improvements. The BCC
further approved an Escrow Agreement where funds in the amount of $250,000 would be placed
in a trust account with a completion of certain improvements by 1/31/09"
Subsequent to the BCC approval of the escrow agreement, transportation staff met with the
developer and requested additional work within the ROW which would eliminate future rework.
The right-of-way permit #23847-E stipulates a special condition that reads "The permanent
access point must be fully constructed within the ROWand into the site so as to not require any
future rework within the ROW. The temporary access point will be closed as soon as all the
components in the ROW are constructed and have made the internal connection from the full
access point to your existing bnilding". The developer and his agent have expressed that the
additional work requested by the County would require an extension of the January 31, 2009
deadline to complete the access point related to the park egress as outlined in section 6.6.K of
Ordinance Number OS-IS which provides the following:
. K The developer shall provide for a point of egress from the adjacent Cocohatchee
River Park through the Public Use Tract to the main point of egress for the property
and the intersection improvements provided in paragraph H above, prior to the
issuance of the first CO (certificate of occupancy).
The developer has agreed to proceed forward with the complete intersection improvements, final
access and egress improvements at the signalized intersection and to close the temporary access
and egress point north of the signalized intersection. The permanent access point at the
signalized intersection will include north bound and south bound turn lanes, complete
signalization and final sidewalk improvements within the ROW. The developer may request a
reopening of the temporary access point in the future for construction of the second tower,
subject to BCC approval. The developer has secured the additional funding through the
11el11 No IOJ 0 G
200D
of 1
bankruptcy court and is moving forward to complete the work. An approximate ninety (90) day
extension has been requested for the additional work, extending the deadline until April 30,
2009.
Staff supports the extension until April 30, 2009 due to the fact that it will eliminate any future
rework within the ROWand eliminate the temporary access point north of the signalized
intersection. The parties agree that the intersection improvements include the permanent access
point at the signalized intersection with north bound and south bound turn lanes, complete
signalization and final sidewalk improvements within the ROWand that the existing temporary
access point is closed.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
FISCAL IMPACT: There is no Fiscal Impact associated with this Executive Summary.
LEGAL CONSIDERATIONS: This item is ready for Board consideration. The further
extension of the completion date of access improvements required by the PUD is quasi-judicial
and requires ex parte disclosures. A supermajority vote is necessary for Board action. HF AC
RECOMMENDATION: That the BCC approves the extension for the deadline to complete
the intersection improvements to April 30, 2009 and authorizes the County Attorney's office to
amend the approved escrow agreement accordingly and authorize the Chairman to execute the
same. That the Bce acknowledges that the intersection improvements include the permanent
access point at the signalized intersection with north bound and south bound turn lanes, complete
signalization and final sidewalk improvements within the ROWand the existing temporary
access point is closed.
Prepared By: Nick Casalanguida, Director, Transportation Planning
Attachment: 1) Escrow Agreement
lOG
January 27, 2009
Item #lOG
EXTENSION OF THE DEADLINE TO COMPLETE EXPANDED
INTERSECTION IMPROVEMENTS TO APRIL 30, 2009 AS
P ART OF CONDITIONS OF APPROVAL AND STATUS OF
COMPLIANCE FOR THE COCONILLA PLANNED UNIT
DEVELOPMENT ORDINANCE NO. 05-15, ALSO KNOWN AS
THE AQUA AT PELICAN ISLE YACHT CLUB PROJECT, THAT
WAS PRESENTED ON SEPTEMBER 23, 2008 AS ITEM #16Kl
(MOVED TO ITEM #12A) EXPANDED INTERSECTION
IMPROVEMENTS WILL INCLUDE FULL CONSTRUCTION OF
THE PERMANENT ACCESS POINT AT THE SIGNALIZED
INTERSECTION WITH RELATED SITE IMPROVEMENTS -
APPROVED
MR. MUDD: Commissioner, that would bring us to Item lOG,
and that's a request that the Board of County Commissioners approve
the extension of a deadline to complete expanded intersection
improvements to April 30, 2009, as part of conditions of approval and
status of the compliance for the Coconilla planned unit development
ordinance number 05-15, also known as the Aqua at Pelican Isle
Yacht Club project.
That was presented on September 23,2008, as Item 16Kl,
moved to Item 10. The expanded intersection improvements will
include full construction of the permanent access point at the
signalized intersection with related site improvements.
And Mr. Nick Casalanguida, Transportation Planning Director,
will present.
MR. CASALANGUIDA: Good afternoon, Commissioners. For
the record, Nick CasaIanguida.
Again, I'm causing a little mischief here. When they came in for
their site plan review and their right-of-way permit, we noticed that
Page 103
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January 27, 2009
this was going to be done in phases, and we met with the applicant and
met with our -- my boss, Norm Feder, and said, let's get this thing
done one time, one time only, and let's put the turn lanes in, the
sidewalk, and not do this as staged. Then we would also close the
temporary access point that's existing right now.
So the applicant agreed to do that. They said, at your request to
do that, we'll need a little bit more time. We said, how much more
time, and they said 30 -- 90 days, and we said, that's reasonable, and
that's why we're here today.
COMMISSIONER COYLE: Motion to approve.
CHAIRMAN FIALA: I have a motion to approve on the floor.
Does anybody want to second it?
COMMISSIONER HALAS: I'll second it for -- just for
conversation's sake.
CHAIRMAN FIALA: Okay.
COMMISSIONER HALAS: But there's some concerns that I
have in regards to what that intersection looks like at the present time,
and also the egress road that comes out of the park and then enters
onto Vanderbilt Road.
Is there going to be some modifications so that, first of all, the
egress coming out of that park, if somebody's got a van or pickup
truck and a boat trailer, that they'll be able to make that turn?
And then is there going to be something done with the alignment
so that the service road or the road going into this property, along with
the egress coming out of the park, is going to line up so that it lines up
with the intersection of Vanderbilt Drive and Wiggins Pass Road?
MR. CASALANGUIDA: The answer to both of those questions
is yes. In the current condition, you have a constrained curb, but
we've tested it. It does work with a tow, because it's an egress only. It
will get better when they do the full park enhancement in the Phase II
part oftheir project. And when it's completed, it will all line up with
Vanderbilt -- the intersection across the way.
Page 104
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January 27, 2009
COMMISSIONER HALAS: With the -- can you explain what
the second portion ofthe park enhancement is going to be so that we
can try to eliminate redundancy in regards to how we're going to
address this egress out of the park?
MR. CASALANGUIDA: Sure. As part of the Phase II building
-- and correct me if I'm wrong -- they're doing parking spaces, joint
parking spaces with the park, so it's being constructed as part of the
second tower, and they can't do the construction on that portion of the
park until they do the -- get permission to break ground for the second
tower.
COMMISSIONER HALAS: Do you have any kind of an aide
here that we could take a look at and see exactly what the big plan is?
MR. MUDD: Try to get this thing right-side up.
MR. CASALANGUIDA: Okay, thank you.
The road parking that's on the west side of the project or the
south side of the project over here -- and then you can see this dark
curve here, that's the temporary. In the future the egress will come out
over this and it will be done with this expansion of pavement that's
done as part of this second building that's being constructed.
COMMISSIONER HALAS: Why can't we do some of that now
so that we don't have to go back there and do it over a second time?
MR. CASALANGUIDA: Well, you wouldn't be doing anything
over a second time at the entrance. The only thing you'd be
eliminating is this little piece of pavement and fixing that.
COMMISSIONER HALAS: Well, that's the problem right now
with getting -- I believe getting out of the park with a pickup and truck
and a trailer.
MR. CASALANGUIDA: So you're asking for them to do the
extended pavement and taking it farther back?
COMMISSIONER HALAS: Exactly. Get it done -- if we're
going to do it, do it right the first time.
MR. CASALANGUIDA: I'd have to ask the applicant, but I
Page 105
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January 27,2009
think it would require, you know, much more -- or modifying the SOP
that you have right now.
MR. YOY ANOYICH: Not enough room to build the second
tower.
MR. CASALANGUIDA: That's right. If -- we discussed this in
the past as well, too. Once you put in that pavement over there,
you've going to encroach in the area to build the second tower. That's
why it was phased appropriately.
COMMISSIONER HALAS: It seems to me this is going to
make it difficult for the public to exit out of the park with a pickup
truck and a boat when you look at the radius of this turn.
MR. CASALANGUIDA: That's a picture that I asked staff to
take yesterday, also had the engineer of record to do an auto-turn
analysis with a vehicle in tow. Because the pavement's wide enough
to accommodate almost two vehicles wide and it's only an egress, you
can make that turn right now with a trailer in tow. It's not ideal, but it
does fit.
COMMISSIONER HALAS: Okay.
CHAIRMAN FIALA: Okay. We have one speaker.
MS. FILSON: Yes, ma'am, Doug Fee.
MR. FEE: Good afternoon. For the record, my name is Doug
Fee, and thank you for the opportunity to speak today.
I would agree with what is in the executive summary. It is a very
nice project. There are a few things in the PUD approval that I want
to make sure that we get, as Mr. Halas has talked about.
In a letter on August 9, 2007, to RW A, who is the petitioner's
agent, there's a stipulation that Stan Chrzanowski put into the record,
into the permit, and the stipulation says, the temporary construction
access, currently an existing driveway may be used until such time as
crane-based construction is completed on building one.
Upon dissembling of the crane, the temporary access must be
closed and the planned access at the intersection of Wiggins Pass and
Page 106
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January 27, 2009
Vanderbilt Drive must be employed.
That, to me, is the key here. Right now we have an entrance to
the north that's been used obviously with the marina and then for the
construction of that first tower. There are no turn lanes -- well, let me
back up.
There is a turn lane going into the project, but there's no turn lane
as you're driving south on Vanderbilt Drive to pull into that. So I want
to make sure with this agreement that, in fact, they will close that and
employ the intersection as the project entrance.
I want to put on a visualizer -- on the visualizer a picture -- and
you'll notice a little car there at the very bottom of -- middle of the
picture, and then also a guardhouse. And I want to point out the
driveway -- that you circle around the fountain, and then you have a
driveway that comes out, and that would come out at Wiggins Pass
Road.
Right now, today, that driveway has not been built internal to the
project, and I believe that they need to build that driveway and have it
come out to the light, of which then they would close the access point
to the north, okay.
The only other thing that I wanted to point out is in the executive
summary, there's a sentence at the bottom of the first page basically
stating that the developer would seek approval in the future to open up
that northern entrance.
And when they go to build the second tower, they would seek
approval, and my question would only be, how could they seek that?
Would that be in the form ofa PUD amendment? How would the
public, the traveling public, be aware ofthis? Would this be an
administrative approval?
And the reason why I ask that is, I would have some concerns
with the safety using that northern entrance with the unit owners that
are CO'd.
Thank you very much.
Page 107
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January 27, 2009
CHAIRMAN FIALA: Thank you.
Do you have an answer to that, Nick?
MR. CASALANGUIDA: I've worked with Mr. Fee on this, and
we put that language in hopefully to alleviate his concerns.
We do maintenance at traffic driveway connections all the time.
If someone comes in for a couple days, they need to get an access
point. They can get a temporary access point. Because this was
controversial I said to him, I'll make sure that we bring it as an agenda
item to the board.
If they come in with a set of construction plans for the second
tower and it's shown that by staging that second tower that they can't
physically use the existing driveway, it's hazardous, we will bring that
item to the board for review and consideration that they could get a
temporary access point.
To address his first question, they are going to build that
connection road as part of this. That's one ofthe things I stopped and
asked them to do and they've agreed to. So when they're done, they're
going to close the northern driveway, have full access to the signal,
access and egress; and if in the future, whether it's a year or two years
from now and they want to build the second tower and can prove to us
and you, the board, that they need a temporary driveway for safety
reasons, we'll review that at that time.
CHAIRMAN FIALA: Does that work with the commissioner of
that district?
COMMISSIONER HALAS: Yep. Yes, it will.
CHAIRMAN FIALA: Okay. Very good.
Commissioner Henning?
COMMISSIONER HENNING: Just a question for Mr.
Klatzkow. We do have -- is it $250,000 escrow for this agreement?
MR. KLATZKOW: Yeah, I believe we do. I mean, I haven't
seen the money.
COMMISSIONER HENNING: Is this the proper forum to
Page 108
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January 27, 2009
amend an agreement, or do we have to bring back an amended
agreement to -- if the motion passes?
MR. KLATZKOW: No, I think we're okay.
COMMISSIONER COLETTA: We're going to change -- amend
the agreement and have the chairperson sign it?
MR. KLATZKOW: Yeah.
COMMISSIONER HENNING: As directed by the board.
MR. KLATZKOW: Yes.
COMMISSIONER COLETTA: Okay, thank you.
CHAIRMAN FIALA: Okay. I have a motion on the floor by
Commissioner Coyle to approve, a second by Commissioner Halas.
Any further discussion?
(No response.)
CHAIRMAN FIALA: All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
CHAIRMAN FIALA: That is a 5-0, thank you.
Item #10H
REDIRECTION OF A PORTION OF FY 09 BUDGETED
TOURIST TAX FUNDS FROM OFF-SEASON TO IN-SEASON
ADVERTISING AND PROMOTION UP TO $200,000 -
APPROVED
MR. MUDD: Commissioner, our next item is number 10H, and
that's a recommendation that the Board of County Commissioners
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