Loading...
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 EXHIBIT "A" I ~ 0 I "'" Q::"'" I ~~ ~~ I ~~ i I 8:4.1 C( , "'" I I ~ III I i ' ~ I ' I " \I) I :... ::!: ~ 1- ~ .11I .... l ~ ll; I" 1 ... if == c:,,'S =: c:,,; -- -~ =:: CD. e..: 1-- C ~ ------- ~ ------..-.... ~ .. .. .. ;;; ;:. .. .. "to $" I EXHIBIT "B" _ s~ 0; z ~ ii1 C> I I I 1 1 I I I I I I I I f I ~ : I L-___ ~ ~ I ~I l1!l ~ ~ ~ .... :s- ~ ct .~ ll; ~ ~ ~ ~ ~ _I' !~ ;: , ~Ii .. ii ' ~ I I !II i ~ " l:1 ~I I .... !(! .. ... ~ t :s- et ~ <;:; t- .... S ~ .IIl .... I Ii II JI n~~ / 1 : : _________-././.i .. . . . . o o. o ~ mrJlOWHl - ( --.J ~ [;S ~ ~ ~ ~..... ~~ ~~ ~ ~I.,..j " ~ ~ ~ S ~ ~ ~ .. I j i I ~ ~ '" I )... ~ ~ ~ e .11I .... 11 i . II .::c: II: ~ c.:J;: i == ~ S ~; ~ -- ~ :=~ ~ CI:Io: 1:..:; ~ CI ~ Ii; ~ i ~ ~ ~ ~ d 1 I , ~ .. ;: .. .. ~I ib e~ !If.. . ~~ ~ile -~ ~It I~' ..~ ~ Exhibit ..C....Road Right of Way Easement 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 ~ 11' 179.95' 250' E'S Country Store --+ -c ctl o 0:: Q.) Q.) ctl ~ o E E PARCEL 1. ORANGETREE UNIT THREE, CITRUS GREENS SECTION, PHASE 1-A - o Q.) c :.:J >. ctl ~ ..!- o I ......... ..c 0) ~ N ......... (/) ctl W SKETCH NOT TO SCALE 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 j --+ -0 co o a: CD CD co .::t:. o E E PARCEL 1, ORANGETREE UNIT THREE, CITRUS GREENS SECTION, PHASE 1-A '+- o CD C -l >- co S ...!- o I - ..c 0> ~ N - U) co W 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 j "0 co o 0::: Q.) Q.) co ~ o E E PARCEL 1, ORANGETREE UNIT THREE, CITRUS GREENS SECTION. PHASE 1-A - o Q.) C -l >, co S .,!. o I +-' ..c 0> a: N +-' C/) co W 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 -0 ctl o ~ <D <D ctl ~ o E E PARCEL 1, ORANGETREE UNIT THREE, CITRUS GREENS SECTION, PHASE 1-A ..... o <D c ...J >, ctl S ...!- o I ..- ..c en a:: N ..- CJ) ctl ill 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 I ~I ::::'1 :$1 U ~I .....1 ~I I I o 25' 50' 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 I~ i ! \li a; Q ~ ~ ,. ~ , :J ~ I ~ 'i, ~ ~~~ -+ ~~~diENT I PER PUT .- THIS IS NOT A SURVEY ... THOMAS Co RHOOES, SR.. P.S.M, 58!;>4 " iJ POINT OF BEGINNING I ~I >::11 sl U ~ 1:.tJ. ......1 :;:1 I I o 25' 50' 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 ,.. ~ ~ I~ ...,:j, ~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 <ON ., .,.- ..... -.Eo 'l) ~ J> f:-~ Ella.. -E ltlQ) i::Ju C Q) ~a < I .1 II ., 11 II .1 II ., II ,I .1 'I ! " . I .1 II 'I I II ~ ;1 .1 II ., II I ~ II .1 II 'I ~ I I - I I \ ". ~ \ } ~:'..\ ~ _ J -- - \ '( \- \ - ,.:r -'\ \ " """'" "'i \ '\ '> <' --'\ ....^ \ ~ "'I.... f '4'" A \.." \...... ,- "\.--...... "( ..... ...." lI.,\ <: f ........... ............. '\ 'Y /' \ "-{,- "',,, I' .... '\ 'Y\ ," ~ '" .> '\ '\ '\ / '\/ / I &!.~ I)" I J!. 1.1 . 11;/ I III -.... _ - ..) 'II III 1- - .... ,... _ I I.... /' W,/, > I~r 1 r...J.. I I , 11 I I l.. -::/,.......j I > lL.....1...j ~~- "1"".....1 .... ...... ..r _ _ <I ;:::;~~,.~ \ I.... )- I I I \ l.. .-...r-J )') I .................. / ,... I ,..... \.. \ "\ , ..t ....J : I.... -. .1 I I \ ~ \.)'"......, '--1I,_.,J , ) L _I \..- - 1 'f' "I ,- IrJ / ,- ... I / ~'I / .... '" - /, ""';:""'""1 - '--'L -'1 ""--l I I ..... ...J. /\. ..... ..... -f"" L - J- I..... --,.... ..... '"'"r- _ .... I , .... I <.^"; 1-'1 ) 1"-1 . If \ l......., < / '-I..j .I -...... .... I I ~ l'I loa. f:!: ~ .... ... ........ ..... 1/ .... (,/ ') ...1.< / r-.... I ..../....'" 1 I t-.... I ~~ 'l...L I,.., /~" '(,,::>0. J /.f1.1 .... '" >0. I I ,..... .... ....""" ''It I )t ~ .... ....,.....1' ....:>:: 7 b::::: = = . "'''lt~.... --'---;0 l'" /,... .... ZAIIItJ, "..... ",~....",.,.....~ - 11-<. "'~ ______ / / Us J':;" b" ~ :::; .. ' ~ ('i.. L \. ( )....1 S. I L ~ I .... .....,.... I 4 J L...r .r"~L ..L rL.. ---lj I IL_ I I I .J L ..J L... ..-J LL-lt-J T1....==J!,=== - d '=: '= = = =, r JJ- _ ~ - ii' __...._ 1 L,-__ ]AflItJ mrm~ _ _ -- . --:::.==~=====: . i , I :j I :~ ";:1 "I "~ I It " f ~ ~ ~ ~~ ~~ ~~ ~ ~~ ~~ ~~ -......J...... .. ~:<: .. . ~ S .. .. ~ .. \.:J --- "' -- - 1 I ~ I . I - - - ) I I I I I , r- --, I L___J I I \ :T=-;;;'~ ::jl It: 1 ~=~C _ J -, 1- , .. - -- -.-.-. - - -- - . . - . . - . - . - . - . .....ON 0......- ...0'0 .N o '0 Z:!..... E~<l.l <l.l(l)fijl -.t:J,... -E.... llI(1) "Ou c(I) ~O <t ,. I I ..J \ I i - ; ;, ~~ ( ::II I _ I I -L · --1r I -t'::: ~__ I J I I 1 \ - \ 'Y\ / ,.1' J "" ~ I /i , ~ 1'4, / ,) I r$. ~ \ ~ I t..:.. 1 il ..., \/ 11/1-........ .J III III ,............ r- ... III I I, I... ^^> 1(( I r-.../... I,." 1 /' I... ~......./ (' > 'l...1..j ~ .J- / ,.vA ,," ..... -< ..r _ .... <,. ~ ~ :i' ~11::: \ 1 .... L I I, \ I... yV II ,.J - , ............ I r- ,..... 1 '\ ........ ....; I l.... \ ..... ../ (- .... J I '\ .1. u........\ '--..11..,-.,1 \ ) l... _I \- .... No 16K5 Agenda Item 11' 2011 January 31' of 34 Page ill I I ~ , ) t:...\.., .... J --'1 Y I_ I - .J-', \ ~ ." ., -' \ \ < (" -"\ ,^ \ . ." / ( \.."( ,~ \...... \..... / '\ .... .... \ \/ ..... ,... "'\ ....l\ \ < t" -"\..-...., \ 'y ,) ..... \ '-.( / "'\ ..... '- I ... -, i ... ... ...... J' 1 ..... "I I ~J' I ,...., I"- .....1".....;, '7 r- _ .... ~ / ')...',..J 1 ~ I '(~", "-j 11 I ...-.::~ 'I L..,..... ' " ..... ~ , ~ ;;:: .... .....,....' ~ 7 1:::::: = = , ....~;;:..... ---.---- 1 rf:..." ~ I' .... "'..... 11"- "~...._..._._ _ "-<; - - - I I 1./1 ~ "9 !::"....::: ~ "(" > I' J t L ~ t. )...../ ~ I l ~ " ....,.... I j L..r ........ -.... ........ e lI\ lI\ ~ ~ I- ~ "< I.i.J _ J .---- -'-.- : : = =:;:: :: :: - ". ". 1'1.... I_I ') /, ...f~, ,/..- " / / ..... ... ...." - /.... .......,:,,'1 ~ - "- ~ It >'- - --r1 I }-' '" _..... ......... - - 1 -, ..... 1-.......... ' , ... I (^ ..f. I j- ~ 7 I" . lr I l...._, < / \.-"i...J ,/ -..... ... i ~ ~ lo. e: ~ _rl~L, .L r-L ~-ll I l_ .- II .JL --1L,-~ LLJLJ T~=='k=: L r- ~ = = =, r II '-il L"-_, .-J l....l _' _ _ _ ... '- _ - - ~AJiI(J YrJNTWA ... ... . - - -. ., r L___J ~~~ ~9:~ es::C::S-......J ~~~~ I..~~~ ~h::L(j ~~-......Jh.. ~~~~ ~~~SQ ~~~~ -......J l...:J Cj _ ~~~~ ~ ~~"" ~ ~~aa -, 1- - ---. No 16K5 Agenda Item 11' 2011 January 32' of 34 Page <(ON 0........ -0'0 .,Q1 -, - \ 'Y\ / I~;;' ) >~ ~ 1 J-' , \ \ ~-' ... \ ./ I t..:.. 1 III '"7 \./ I III -... _ .j , III III r--...,..._ 'II I I I ,_ /'. '^ > It. I r-..,J- , / .... ,r I I l.. -:::(.....j t > lI.....l..j ,-J ~- / )../' 'J - -< .....r-- _ _ </ ~ ~:l" s,~ '/ "- )- I I I \ I... .....;-:J I) I ..... /'0. / r r-. '1 '"' .......... ...,) I t.... \ ...... oJ ' - - I , " 1. u"""\ '--11.,_.,1 \ ~ 1..._, \-_ I 1 ~ , } ~:.~.., _..I -"I Y I_ I - .J-'" ./ """"\ "\ \ " \ ( - - '\ ..^ \ ~ '" I ' ( V'( ...-\ \J \'" I ( - \ \,.. ..... ".... ....'" ~ \ <: f "V... ....~"\ 'Y /' \ '-.( / V\ .... " I !::-~ Q)CIl(';l ....00. ~~ "Cu C:1Jl ~o <( I".... ..., I IrJ . / / ... / /. / ~""..J _... .... - (... -..I:"" 'f r- -. ....., N I L_ ~ f'..' : --{ _ ...r-1 L_J- I....-,.......:r-... ^ I \ ) <. "')-~ ,,, , If \ t....., < / '-1.-' ./ ..... -...... "- ~ I ..... II....... "- (,1 ) I"',.t / r-....., .....f'" I ,.. ... ..... ~ / "\... I r-J I ~ I ...(~.... ....J J. 11 I ..... '" 1::: I I ..,.... I .... ..... ~ I ~ ;: ..... ....1......' ::::: ':7 '= = = = , '" ~ '. ... ... -. - - - 1 ;:. ;;. , lA1111 r- '" ....' )/.{ "'1:::::...._......__ _ ~ ------ I I (,t> .J"" l:::..::::: =- . OJ t..,. 1- 'i.. L ~ t )...../ ~ I L ~ " 'OJ..... , J Lr .:: F' rL ,L rL '--l, I, 'L_ ' I, .. .JL....~ LL~!-.r LTI~==,~=: L. l: = = =1 r I ~ - i I -' ..... _ J_ _ .... r 1. ~ ~rA __ __ _~ --" _= ~ - - - . ,v) es Ll.J1-..: 9::~ 5:~ ~~~ ~~~ ~~& I h::",,~ I ~-.JV) I ~~~ I I ~C;)~ .. -......J 2 - I :: - - , I "'C~~ . r- .. L___ J Q:LJ.:. , ~~ \ -, -..... ~~ ,- \ - -... t:l ~ u ~ e ... ...... ... ... - I I I II: 1 .. .. '1 I 'I I ,I I .. " .. .. It _ J .' . ./ \,.\<::~""'"" - - -- ----- -- <:(0001 0"-'- ....~o o 'N Z~.... E...<D I1IQl~ -.co. ~E -0111 t;U IDa> 0)0 <:( - \ Y\ I /.~ ~ '" ~ /? \ ~ , - ; .) 1 ..r.- .. \ \ I ,VI... 1~ 14:., \ ; '- - iii \; /II!...... J 'II 'II /..........,....... 1II1 I, '.... ^^> 1/1 / r....J.. '", " / 7' l.. .......; <' > 111 ~:::f " :-.. /' / .........j '_J "', ... <" ~ - - <" ~... .....==::"fS/."t:: \ I... )- I, r I \..... _I.......;--J )'1 r- ,..../ .... ........ V J [...\ ....../ 1_-11 1 \~U'~'\ '... ....J I.., ....,J \ ..J l....., \-_ " .... I I , ~/ ') >-I 1 ,...... it: ...1' V I .., t-....-., ~ I ""'\... /,..J I 'C~"" LJ (1 1 ..... '" l:: I I l..,..... " ...... ~ I ~ :::,. , 'I.....f ""'::; f:; == =: == . .... ~ '. " ... ... '- '- - - - ' /~ k. , JNIJ(J /' '" ""..... ') /./.. .... ~ ......""..... ... -- - - - - ' 1 1 1.1) '-'; ">'.:; I:::, "" = , ~ (. ) I' .J t L \. { '1,...1 ~ I L ~ '" ...., .... I J L-r ....... ......... _ J ---- - - -- ----- - - -- No 16K5 Agenda Item 11' 2011 January 33' of 34 Page ill .1 II 'I I 'I I ;1 I .1 I II '( II ,I .1 I 1/ " ,I -, I I,.. I ) t-:".\"""' _..I - '\ Y \_ r - ..r -, \ '... ~ '1 _\ \ \ . \ (, - '\ ,^ \ ~ ..- / f \..-(' ,-\ \.......i~..- " "'\ ........ \ \( , ..- ~ ,~ \ < ". "\.- -" \ 'Y ~ \ ' " 'v.r '" \/ I ~ , . 1'1..... -, I;-J ) " , ,/ / " I " . . . / -~ -..!... - /..... -...1':"''1 ...... r- 'y r-.....'l I I L.., ::\ I\....... .... ..../" ~ L _.J- I'" _,.... ..... ..,........ ..... 1\..... I '^"j j-~ ~ c.,., /" ~ . r \ t.. ....., i ~ <.I" \-~..J \;;; .... ... - - - - -=;;;;:::==-- = - ,v, I-..... ~:<:: ~~ LC~ ~~~ ~C::> ~~8: ~ ~~ f h::,",,~ I I I - .=.",.c I ~'-'~ -,- I _ ~~t2 I ~I I j If- I =- I. ..J-1 I -i.-=_C ~V}~ .. .. I ~ I ~~v, .. .. - - , I .. ,... Q:~ l L __ _ J I I , ~~ I \ ~~ -, - " ~ I ,- \ ..- - ....... c=: 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