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Agenda 07/13/2021 Item #16A15 (Agreement w/Olde Florida Golf Club)07/13/2021 EXECUTIVE SUMMARY Recommendation to approve an agreement between Collier County and Olde Florida Golf Club for the installation and maintenance by the property owner of landscaping in the right -of-way along the Vanderbilt Beach Road Extension Project and the acquisition of land (Parcel 172FEE) required for construction of the Project. (Project No. 60168.) OBJECTIVE: To enter into a Landscape Maintenance Agreement (LMA) with Olde Florida Golf Course (OFGC) and to acquire land (Parcel 172FEE) needed for construction of the Project. CONSIDERATIONS: OFGC has drawn staff’s attention to the fact that their property abounds with wildlife, including deer and large alligators. They have expressed a concern for the safety of both wildlife and motorists. Furthermore, errant golf balls could create a safety hazard for motorists, cyclists and pedestrians using the roadway and adjacent pathway. During a meeting with OFGC and its attorney, staff was informed that OFGC is willing to forego the construction of a separate turn lane and entrance into their property as part of the Project improvements in return for the County using a portion of the cost saving as a contribution towards the cost of OFGC installing enhanced landscaping in the right-of-way adjacent to the property. The attached agreement is the result of negotiations between OFGC’s representatives and staff and includes provisions relating to the conveyance of Parcel 172FEE to the County. The agreement also provides for the installation of enhanced landscaping and irrigation facilities along most of the frontage of the property and maintenance of this landscaping by the OFGC in perpetuity in return for payment by the County of $143,400. Enhanced landscaping, along with a fence that will be installed as part of the project, will provide a barrier against wildlife encroaching into the roadway and added protection against errant golf balls for those using the roadway and the pathway. In return for payment of $143,400, the County will additionally benefit as follows: • OFGC will not require construction by the County of an entrance to their property, with the golf course instead sharing an entrance with Golf Club of the Everglades. Their motivation is that eliminating a separate entrance will further contribute to the safety of wildlife. This will result in a saving to Collier County of approximately $192,500 in construction costs. Elimination of the access driveway, median opening, and associated right and left turn lanes will also enhance safety by removing conflict points created by the various turning movements. • The County would have installed Bahia sod as part of the Project. The saving to County in not having to install and mow grass in this location is $31,500 for the installation and $4,500 per year at today’s rates to maintain it in perpetuity. • The public will have the benefit of esthetically more pleasing landscaping in this area at no additional cost to the County. It is estimated that installing and maintaining the landscaping and irrigation provided for in the agreement will cost OFGC $205,220 for the installation and $36,600 per year in perpetuity at current rates for maintenance. • The Transportation Division’s Review Appraiser, Harry Henderson, has estimated the fair market value of Parcel 172FEE to be $111,000. Mr. Henderson’s valuation memo is attached. If the parties were to become adversarial, significant risk factors would accrue to the County, including exposure to exorbitant damages claims and liability for payment of attorney and exp ert witness fees and costs. Staff accordingly recommends that the Board of County Commissioners (Board) approve the agreement, which provides for clear benefits to both parties, as a better result is not expected if Parcel 172FEE is condemned. 16.A.15 Packet Pg. 624 07/13/2021 FISCAL IMPACT: The fiscal impact associated with this item is estimated to be $143,600, being the monetary consideration of $143,400 to be paid by the County to OFGC under the terms of the agreement plus approximately $200 for recording and miscellaneous fees. The primary source for acquisition is impact fees. Should impact fees not be sufficient within a particular project, the secondary funding source will be gas taxes. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for approval. - CMG GROWTH MANAGEMENT IMPACT: This recommendation is consistent with the Long-Range Transportation Plan and the Collier County Growth Management Plan. RECOMMENDATION: 1. Approve the attached agreement and authorize the Board’s Chairman to execute same on behalf of the Board; 2. Accept the conveyance of Parcel 172FEE and authorize the County Manager, or his designee, to record the conveyance instruments in the public records of Collier County, Florida; and 3. Authorize the payment of all costs and expenses that Collier County is required to pay under the terms of the agreement. Prepared By: Mario Puente, P.E., Senior Project Manager and Robert Bosch, ROW Acquisition Manager, Transportation Engineering ATTACHMENT(S) 1. Agreement (PDF) 2. Valuation Memo - Parcel 172FEE (PDF) 3. Location Map - Parcel 172FEE (PDF) 16.A.15 Packet Pg. 625 07/13/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.15 Doc ID: 16126 Item Summary: Recommendation to approve an agreement between Collier County and Olde Florida Golf Club for the installation and maintenance by the property owner of landscaping in the right - of-way along the Vanderbilt Beach Road Extension Project and the acquisition of land (Parcel 172FEE) required for construction of the Project. (Project No. 60168.) Meeting Date: 07/13/2021 Prepared by: Title: Manager, ROW Acquisition – Transportation Engineering Name: Robert Bosch 06/03/2021 9:29 AM Submitted by: Title: Division Director - Transportation Eng – Transportation Engineering Name: Jay Ahmad 06/03/2021 9:29 AM Approved By: Review: Transportation Engineering Mario Puente Additional Reviewer Completed 06/03/2021 9:50 AM Growth Management Department Lissett DeLaRosa Growth Management Department Completed 06/03/2021 4:26 PM Growth Management Department Pamela Lulich Additional Reviewer Completed 06/07/2021 6:11 AM Road Maintenance Albert English Additional Reviewer Completed 06/07/2021 7:50 AM Growth Management Department Lisa Taylor Additional Reviewer Completed 06/11/2021 9:27 AM Transportation Engineering Anthony Khawaja Additional Reviewer Completed 06/15/2021 11:47 AM Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 06/15/2021 1:12 PM Growth Management Department Gene Shue Additional Reviewer Completed 06/18/2021 9:43 AM Growth Management Department Robert Bosch Growth Management Skipped 06/02/2021 1:52 PM Growth Management Department Trinity Scott Transportation Completed 06/22/2021 11:49 AM County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 06/22/2021 4:57 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 06/23/2021 9:39 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/23/2021 2:41 PM Office of Management and Budget Susan Usher Additional Reviewer Completed 07/03/2021 4:45 PM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 07/04/2021 4:57 PM Board of County Commissioners Geoffrey Willig Meeting Pending 07/13/2021 9:00 AM 16.A.15 Packet Pg. 626 16.A.15.aPacket Pg. 627Attachment: Agreement (16126 : Olde Florida LMA - VBRX 60168) 16.A.15.aPacket Pg. 628Attachment: Agreement (16126 : Olde Florida LMA - VBRX 60168) 16.A.15.aPacket Pg. 629Attachment: Agreement (16126 : Olde Florida LMA - VBRX 60168) 16.A.15.a Packet Pg. 630 Attachment: Agreement (16126 : Olde Florida LMA - VBRX 60168) 16.A.15.aPacket Pg. 631Attachment: Agreement (16126 : Olde Florida LMA - VBRX 60168) 16.A.15.aPacket Pg. 632Attachment: Agreement (16126 : Olde Florida LMA - VBRX 60168) 16.A.15.aPacket Pg. 633Attachment: Agreement (16126 : Olde Florida LMA - VBRX 60168) 16.A.15.aPacket Pg. 634Attachment: Agreement (16126 : Olde Florida LMA - VBRX 60168) 16.A.15.aPacket Pg. 635Attachment: Agreement (16126 : Olde Florida LMA - VBRX 60168) 16.A.15.aPacket Pg. 636Attachment: Agreement (16126 : Olde Florida LMA - VBRX 60168) 16.A.15.aPacket Pg. 637Attachment: Agreement (16126 : Olde Florida LMA - VBRX 60168) 16.A.15.aPacket Pg. 638Attachment: Agreement (16126 : Olde Florida LMA - VBRX 60168) 16.A.15.aPacket Pg. 639Attachment: Agreement (16126 : Olde Florida LMA - VBRX 60168) 16.A.15.aPacket Pg. 640Attachment: Agreement (16126 : Olde Florida LMA - VBRX 60168) 16.A.15.aPacket Pg. 641Attachment: Agreement (16126 : Olde Florida LMA - VBRX 60168) 16.A.15.aPacket Pg. 642Attachment: Agreement (16126 : Olde Florida LMA - VBRX 60168) As ShownLandscapeDetailswww.stantec.com +1.239.649.4040 Fax: 1.239.643.57163801 Pelican Bay Blvd., Suite 300, Naples, FL 34108 USAProject Manager:Kevin Mangan, RLALP501PIN:215614554Date:November 21, 2019Scale:Olde Florida Golf Club9393 Vanderbilt Beach Rd.Naples, FL 34120**ATTENTION**The Contractor shall verify and be responsible for all dimensions. DO NOT scale the drawing - any errors or omissionsshall be reported to Stantec without delay. The Copyrights to all designs and drawings are the property of Stantec.Reproduction or use for any purpose other than that authorized by Stantec is forbidden.These drawings may include information provided by others. Stantec has not verified the accuracy and/or completenessof this information and shall not be responsible for any errors or omissions which may be incorporated herein as a result.SOD6'-0"10'-0"11'-0"SIDEWALK8'-0" DIM VARIES8.0' HT FENCE BEGIN OLDE FLORIDAGOLF CLUB PLANTINGAND MAINTENANCEBEHIND FENCE LINEMULCHSODARECA PALM℄5'-0"NOTE: MAINTAINARECA PALM OFFOF FENCE LINE.SCALE:Typical Section @ BermA1DT-TYP Berm.DWG 3/8" = 1'-0"ARECA PALM ROWARECA PALMSET BACKROW2'-6"V.B.R EXTENSIONWEST BOUND LANE16.A.15.aPacket Pg. 643Attachment: Agreement (16126 : Olde Florida LMA - VBRX 60168) 16.A.15.aPacket Pg. 644Attachment: Agreement (16126 : Olde Florida LMA - VBRX 60168) 16.A.15.aPacket Pg. 645Attachment: Agreement (16126 : Olde Florida LMA - VBRX 60168) 16.A.15.aPacket Pg. 646Attachment: Agreement (16126 : Olde Florida LMA - VBRX 60168) 16.A.15.aPacket Pg. 647Attachment: Agreement (16126 : Olde Florida LMA - VBRX 60168) 16.A.15.aPacket Pg. 648Attachment: Agreement (16126 : Olde Florida LMA - VBRX 60168) 16.A.15.aPacket Pg. 649Attachment: Agreement (16126 : Olde Florida LMA - VBRX 60168) 16.A.15.aPacket Pg. 650Attachment: Agreement (16126 : Olde Florida LMA - VBRX 60168) 16.A.15.aPacket Pg. 651Attachment: Agreement (16126 : Olde Florida LMA - VBRX 60168) 16.A.15.aPacket Pg. 652Attachment: Agreement (16126 : Olde Florida LMA - VBRX 60168) 16.A.15.aPacket Pg. 653Attachment: Agreement (16126 : Olde Florida LMA - VBRX 60168) 16.A.15.aPacket Pg. 654Attachment: Agreement (16126 : Olde Florida LMA - VBRX 60168) Exhibit B LANDSCAPE MAINTENANCE SPECIFICATIONS A. SOD ESTABLISHMENT Perform sufficient watering to maintain adequate moisture for optimum development of the sodded areas, no less than 1.5 inches of water per week for at least 2 weeks. Thereafter, apply water for a minimum of 60 days as needed until the sod takes root and starts to grow. Irrigation can be waived if and only if there is a minimum of one inch of rain per week on all sod on the project. The sod shall produce a dense, well-established ground cover. Repair and re-sod all eroded or bare spots as needed to ensure turfgrass cover sufficient of maintaining the integrity of the slope with minimal erosion. B. SOD MAINTENANCE The minimum mowing height for established sod is 5 inches for all rural mowing areas. If and when the adjacent areas are developed, the mowing schedule shall be consistent with these future developments so that the sod does not appear to be overgrown. No more than one-third of the blade height of the desired grass (excluding seed heads) should be removed during a mowing cycle. This will result in a healthier turf better able to compete with undesired vegetation. Do not scalp or mow excessively close to the soil surface. Mowing too low increases soil temperature, contributes to erosion, lowers plant tolerance to cold and drought, results in the thinning of the turf and increases undesirable vegetation. Mow only when necessary. Consider seasons, locations and turf conditions when scheduling mowing operations. Mowing should not be performed during periods of drought or growth stress. Never mow over debris that would damage the equipment or that might be picked up and thrown out by the mower. Stop and remove objects, such as trash, limbs and other debris, from the mowing area. 16.A.15.a Packet Pg. 655 Attachment: Agreement (16126 : Olde Florida LMA - VBRX 60168) C. FERTILIZATION Granular fertilization shall be applied at the proper rate and frequency to all turfgrass and plant material to maintain proper plant growth and health. D. IRRIGATION The irrigation system shall be checked and repaired as necessary. Maintenance responsibilities will include cleaning and adjustment of heads, nozzles, installation or replacement of risers, repair of PVC piping breaks or subsurface sprinkler components, replacement of damaged valve boxes/lids and adjustment of controller and rain shut off switches. E. PRUNING All plant material will be pruned as needed to maintain proper plant health. F. PEST CONTROL All turfgrass and plant material will be closely monitored for pests and diseases and will be treated as needed by an individual holding a commercial applicator license issued by the Florida Department of Agriculture and Consumer Services. G. GENERAL All sod maintenance, fertilization, irrigation, pruning and pest control will follow guidelines established in the Florida Department of Environmental Protection document, “Best Management Practices for the Enhancement of Environmental Quality on Florida Golf Courses.” https://floridadep.gov/dear/dear/documents/best-management-practices- enhancement-environmental-quality-golf-courses 16.A.15.a Packet Pg. 656 Attachment: Agreement (16126 : Olde Florida LMA - VBRX 60168) 16.A.15.aPacket Pg. 657Attachment: Agreement (16126 : Olde Florida LMA - VBRX 60168) 16.A.15.aPacket Pg. 658Attachment: Agreement (16126 : Olde Florida LMA - VBRX 60168) 16.A.15.aPacket Pg. 659Attachment: Agreement (16126 : Olde Florida LMA - VBRX 60168) 16.A.15.aPacket Pg. 660Attachment: Agreement (16126 : Olde Florida LMA - VBRX 60168) 16.A.15.b Packet Pg. 661 Attachment: Valuation Memo - Parcel 172FEE (16126 : Olde Florida LMA - VBRX 60168) 16.A.15.b Packet Pg. 662 Attachment: Valuation Memo - Parcel 172FEE (16126 : Olde Florida LMA - VBRX 60168) AeccDbAlignment (AeccLand120) FLOW FLOW AeccDbAlignmentStationLabeling (AeccLand120)AeccDbAlignmentMinorStationLabeling (AeccLand120) 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 564 565 566 567 568 569 570 571 572 573 574 575 576 577 578 579 580 581 582 583 584 585 586 587 588 589 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 888990 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 16.A.15.c Packet Pg. 663 Attachment: Location Map - Parcel 172FEE (16126 : Olde Florida LMA - VBRX 60168)