Agenda 11/08/2011 Item #16A13Agenda Changes
Board of County Commissioners Meeting
November 8, 2011
Continue Item 9D to the December 13.2011 BCC Meeting Recommendation to
approve a Resolution acknowledging the Board of County Commissioners' support of Senate
Bill 192 pertaining to amending the procedures for merger and dissolution of two or more
independent special districts. (Commissioner Henning's request)
Continue Item 16A13 to the anuary 24.2012 BCC
Meeting: Recommendation to accept a Speed
Limit Study Report and adopt a Resolution of the
Board of County Commissioners of Collier County,
Florida, authorizing a speed limit decrease from
forty -five miles per hour (45 mph) to forty miles
per hour (40 mph) on Vanderbilt Drive (CR 901)
from 9th Street to Bonita Beach Road at a cost of
approximately $500. (Staff's request due to speed
limit study report)
Withdraw Item 16A21: Recommendation to award Bid #11 -5700 for "Devonshire
Boulevard Landscape & Irrigation Refurbishment Project" to Hannula Landscaping &
Irrigation, Inc. in the amount of $278,818.46; and reject the bid from Ameri- Pride, Inc.
Improvements will be funded by residents of the Radio Road Beautification MSTU. (Staffs
request due to formal notice of intent to protest award)
Move Item 16131 to Item 13133 Recommendation that the Community Redevelopment
Agency (CRA) approve the CRA staffs submission of amendments to the Bayshore Gateway
Triangle Mixed Use Overlay to County staff for incorporation into the BCC - approved Land
Development Code Amendment Cycle. If this request is approved, the specific amendment
language will be reviewed by County staff and incorporated into their submission to be
brought forth to the BCC for review in 2012. (Fiscal Impact $3,000) (Commissioner Hiller's
request)
Move Item 16133 to Item 13136: Recommendation for the Community Redevelopment
Agency (CRA) to approve and execute a Site Improvement Grant Agreement between the CRA
and a Grant Applicant within the Bayshore Gateway Triangle area. (2705 Shoreview Drive -
Fiscal Impact: $2,607). (Commissioner Hiller's request)
11/8/2011 item 16.A.13.
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Recommendation to accept a Speed Limit Study Report and adopt a Resolution of the Board of
County Commissioners of Collier County, Florida, authorizing a speed limit decrease from forty-
five miles per hour (45 mph) to forty miles per hour (40 mph) on Vanderbilt Drive (CR 901) from
9th Street to Bonita Beach Road at a cost of approximately $500.
OBJECTIVE: To request the Board to accept a Speed, Limit Study Report and adopt a
Resolution of the Board of County Commissioners (BCC) to decrease the speed limit on
Vanderbilt Drive from 9h Street to Bonita Beach Road.
CONSIODERA_ TIONS: The Traffic Operations Section of the Transportation Engineering
Department, Growth Management Division conducted an engineering and traffic investigation
study to determine the appropriate speed limit along Vanderbilt Drive from 9t' Street of Bonita
Shores to Bonita Beach Road. The study segment is approximately 2900 feet long with a posted
speed of 45 mph.
The BCC, through a Joint Supplemental Interlocal Agreement between Lee and Collier Counties
dated September 8, 1998, agreed to maintain Vanderbilt Drive from Woods Edge Parkway to
Bonita Beach Road.
Florida Statutes require that the change of speed zone values as outlined in Sections 316.183 and
316.189 be based upon an engineering and traffic investigation study. The investigation is to
include, but is not limited to, the measurements of prevailing speeds and other traffic engineering
evaluations contained in the "Speed Zoning for Highways, Roads and Streets in Florida" manual
(FDOT Manual Number 750-010-002,1997 Edition). This manual was developed by the Florida
Department of Transportation to promote uniformity in the establishment of state, municipal and
county speed zones throughout the State of Florida.
Upon completing an engineering and traffic investigation study, Section 316.189 F.S. provides
that the Board of County Commissioners may set speed zones after the investigation determines
such a change is reasonable and in conformity to criteria promulgated by the Florida Department
of Transportation.
The completed engineering and traffic investigation study found that a lower speed limit of 40
mph on the designated section of Vanderbilt Drive from 9P Street to Bonita Beach Road is
warranted; and that the change is reasonable and in conformity with the defined criteria. The
Sheriffs Office was contacted regarding the recommendation to change the speed limit and the
Sheriffs Office concurs with the recommendations of the engineering and traffic investigation
study.
FISCAL UAFACT: The estimated cost of installing the 40 mph speed limit signs and removing
the existing 45 mph signs will be approximately $500.00 and is budgeted with the Traffic
Operations budget Fund 101.
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11/8/2011 Item 16.A.13.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office,
does not present a legal issue and only requires a majority vote for Board approval —SRT.
GROWTH MANAGEMENT IMPACT: This action will result in no growth management
impact.
RECOMMENDATION: That the Board of County Commissioners accept the Traffic Speed
Limit Study and adopt the Resolution decreasing the speed limit on the designated section of
Vanderbilt Drive, authorize the Chairman to execute the Resolution, and authorize staff to erect
and remove the appropriate traffic control signs.
Prepared By: Dale Bathon, PE, Principal Project Manager, Traffic Engineering Department,
Growth Management Division - Capital Construction and Maintenance
Attachments: (1) Resolution; (2) Speed Limit Study Report; (3) Joint Supplemental Agreement
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.13.
11/8/2011 Item 16.A.13.
Item Summary: Recommendation to accept a Speed Limit Study Report and adopt a
Resolution of the Board of County Commissioners of Collier County, Florida, authorizing a speed
limit decrease from forty -five miles per hour (45 mph) to forty miles per hour (40 mph) on
Vanderbilt Drive (CR 901) from 9th Street to Bonita Beach Road at a cost of approximately
$500.
Meeting Date: 10/25/2011
Prepared By
Name: LynchDiane
Title: Administrative Assistant
8/18/2011 3:42:58 PM
Submitted by
Title: Project Manager, Principal,Transportation Engineer
Name: BathonDale
8/18/2011 3:43:00 PM
Approved By
Name: Tara Castillo
Title: Fiscal Technician,Transportation Engineering & Con
Date: 8/18/20114:29:31 PM
Name: BathonDale
Title: Project Manager, Principal,Transportation Engineer
Date: 8/19/20112:59:41 PM
Name: BetancurNatali
Title: Executive Secretary,Transportation Engineering & C
Date: 8/22/2011 1:29:04 PM
Name: KhawajaAnthony
Title: Engineer - Traffic Operations,Transportation Engineering & Construction Management
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11/8/2011 Item 16.A.13.
Date: 8/23/2011 7:56:57 AM
Name: AhmadJay
Title: Director - Transportation Engineering,Transportation Engineering & Construction Management
Date: 8/23/20119:13:08 AM
Name: FederNorman
Title: Administrator - Growth Management Div,Transportati
Date: 8/23/20114:34:26 PM
Name: TeachScott
Title: Deputy County Attomey,County Attorney
Date: 8/23/2011 5:28:06 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 8/25/20118:14:59 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 10/4/2011 11:21:23 AM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 10/17/2011 8:46:55 AM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 10/17/20119:20:28 AM
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11 /8/2011 Item 16.A.13.
RESOLUTION NO. 2011 -
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AUTHORIZING A SPEED LIMIT DECREASE FROM FORTY -
FIVE MILES PER HOUR (45 MPH) TO FORTY MILES PER HOUR (40 MPH) ON
VANDERBILT DRIVE FROM 9T" STREET TO BONITA BEACH ROAD.
WHEREAS, Chapter 316, Florida Statutes, permits the Board of County
Commissioners (BCC) to alter established speed limits on roads under its jurisdiction;
and
WHEREAS, the BCC, through a Joint Supplemental Interlocal Agreement
between Lee and Collier Counties dated September 8, 1998, agreed to maintain
Vanderbilt Drive from Woods Edge Parkway to Bonita Beach Road and, therefore, the
roadway falls under the jurisdictional maintenance of the BCC; and
WHEREAS, in accordance with Section 316, Florida Statutes, the BCC may alter
such existing speed limits as may be appropriate upon the basis of an engineering and
traffic investigation; and
WHEREAS, the results of such engineering and traffic investigations determined
that the decreased speed limit is reasonable and safe under the conditions found to
exist and it conforms to criteria promulgated by the Florida Department of
Transportation and Collier County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The BCC does hereby establish a 40 miles per hour (40 mph) speed limit on
Vanderbilt Drive from 9t' Street to Bonita Beach Road and does hereby direct the
County Manager or his designee to erect appropriate speed limit signs giving notice
thereof.
2. A copy of this Resolution shall be forwarded to the Collier County Sheriffs Office
for proper enforcement of the established speed limits for Vanderbilt Drive within the
designated segment.
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11/8/2011 Item 16.A.13.
3. The effective date of the speed limit increase shall be after written notification to
the Sheriff's Office and upon posting of the appropriate signage.
This resolution adopted after motion, second, and majority vote favoring same
this 13th day of September, 2011.
ATTEST:
DWIGHT E. BROCK, Clerk
0
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA.
By:
Fred W. Coyle, Chairman
Approved as to form and legal gUfficiency
Scott R. Teach
Deputy County Attorney
2
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11/8/2011 Item 16.A.13.
Speed Limit Study Report
Vanderbilt Drive (CR 901)
9th Street to Bonita Springs Road
Date: July 28, 2011
BACKGROUND
The Traffic Operations Section of the Transportation Engineering Department, Growth
Management Division has conducted and engineering and traffic investigation study to
determine the appropriate speed limit along Vanderbilt Drive (CR 901) from 9t' Street of
Bonita Shores to Bonita Beach Road. The study segment is approximately 2900 feet in
length. This section of roadway is currently posted for a 45 mph speed zone.
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Figure 1
Vicinity Map
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Bonita Beach Road
11/8/2011 Item 16.A.13.
Vanderbilt Drive is functionally classified as a Rural Collector Highway connecting
Vanderbilt Beach Road on the south to Bonita Beach Road in Lee County on the north.
The average daily traffic is 6,697 vehicles per day (ADT). The existing speed limit on
Vanderbilt Drive from Wiggins Pass Road to Bonita. Beach Road is 45 mph. This
segment of roadway was identified for evaluation due to the change in character of the
roadway from that of the roadway to the south. The study segment for 9a' Street to
Bonita Beach Road is more urban in character with multiple intersecting streets.
The primary intent in the establishment of a speed zone is to provide improved vehicular
and pedestrian safety by reducing the probability and severity of crashes. An established
speed limit notifies the driver of the maximum and/or minimum speed that is considered
acceptably safe for optimum weather and visibility. It is intended to establish the
standard or speed limit which the normally prudent driver can react more safely to
driving problems encountered on the roadway.
Florida Statutes require that the change of speed zone values as outlined in Sections
316.183 and 316.189 F.S. be based upon an engineering and traffic investigation. This
investigation is in accordance with the "Speed Zoning for Highways, Roads and Streets
in Florida" manual (FDOT Manual Number 750-010-002,1997).
DESIGN CHARACTERISTICS
Vanderbilt Drive south of Bonita Beach Road to 91' Street is a two -lane, two -way
roadway with 1 I foot wide travel lanes and 4 foot bike lanes on both sides of the
roadway. The roadway cross section is typically a rural section with no curb and gutter.
The centerline is typically marked with a solid double yellow line and the edge of the
travel way has white edge line markings. The Frank Halas Pathway is located on the
west side of the roadway and is located within 4 feet from the edge of the roadway. The
pathway is heavily used by pedestrians and bicyclist.
Figure 2
Vanderbilt Drive looking north from 9t' Street
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Figure 2
Vanderbilt Drive looking north from 9t' Street
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11 /8/2011 Item 16.A.13.
Section 336.045 of the Florida Statutes requires that the "Manual of Uniform Minimum
Standards for Design, Construction and Maintenance for Streets and Highways" also
known as the Green Book, be utilized for all public roads in the state unless a
municipality or county has adopted other criteria. Collier County utilizes this manual for
all of the roads in its highway network. The standards within the manual are intended to
provide basic guidance for developing and maintaining a highway system with
reasonable operating characteristics and minimum number of hazards. The manual states
that the safety characteristics of the design should be given primary consideration.
The following table (Table 3 -12) is from the 2007 Florida Green Book.
FLORIDA GREEN BOOK
TABLE 3 -12
MINIMUM WIDTH OF CLEAR ZONE
Type
DESIGN SPEED (MPH)
of
30
35
40
45
50
55
� �
Facility
MINIMUM CLEAR ZONE (FEET)
0
0 tACA
a I.acai
10 cobeows
14 Arterials and
14 Arterials and
t B Arwials and
i d Anginas am
cokators
eokctors
Copacoors
eolkctm
•
10 Colkcoas
10 Colkctars
14 Angina's
AJT < 15DD
ADT < 15M
ADT < 1500
ADT < 1500
Rtual
14 Arterias
14 Anon&%
18 Arterials and
1B Arterials and
24 Arknals and
30 Arwials and
Cote^_tors
coMetors
CMecims
co kcws
AX 2 1500
ADT a 15M
ADT 2 15M
A-DT a ISM
Urban
]
4
4
4
4
NIA
wA »
wA
From face of curb
•• On projects where the 4 foot minimum offset cannot be reasonably obtained and other
alternatives are deemed impractical, the minimum may be reduced to 1 W.
Use rural for urban facilities when no curb and gutter is present. Measured from the edge of
through travel lane on rural section.
Curb and gutter not to be used on facilities with design speed > 45mph.
Roadside clear zones provide an area outside the traveled way that can be used by drivers
of errant vehicles to regain control of their vehicle and to avoid or reduce the
consequences of a collision with a roadside object. The minimum required width of a
clear zone is dependent upon the type of roadway and its design speed.
Table 3 -12 defines the minimum distance from the travel way to a roadside object such as
a light pole or a tree. Highways without curb and gutter are generally considered to be
rural highways. For rural highways up to 50 mph the minimum offset distance from the
travel way to a fixed object is 18 feet for collectors with an excess of 1500 ADT.
Vanderbilt Drive has a clear zone typically in excess of 24 feet in the study segment.
Based upon the criteria define in Table 3 -12, the clear zone of Vanderbilt Drive is not a
11-ftIN limiting factor the appropriate speed limit.
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11/8/2011 Item 16.A.13.
CRASH HISTORY
A crash history review of the roadway segment for the past six years (2005 -2010) has
been conducted. The crash rate for this study segment is 1.7 crashes per million vehicle
miles traveled. There were 14 crashes reported for the six year period on the %z mile
study corridor, including 5 rear -ends, 2 left -turns, 1 right angle, 1 side swipe, 2 run -off the
road, and 3 pedestrian / bicycle crashes.
SPEED INVESTIGATION
Florida Statutes require that the change of speed zone values as outlined in Sections
316.183 and 316.189 F.S. be based upon an engineering and traffic investigation. The
investigation is to include, but is not limited to, the measurements of prevailing speeds
and other traffic engineering evaluations contained in the "Speed Zoning for Highways,
Roads and Streets in Florida" manual (FDOT Manual Number 750- 010 -002, 1997
Edition). This manual was developed by the Florida Department of Transportation to
promote uniformity in the establishment of state, municipal and county speed zones
throughout the State of Florida.
Three types of data were utilized in determining the prevailing speed: 85`h percentile
speed — the speed which 85% of the motorists drive at or below, the upper limit of the 10-
mph pace and the average test run speed. The reasoning behind the foregoing
investigations is that the majority of drivers travel at reasonably safe speed for the various
roadway conditions encountered, and that these investigations help determine what may
be reasonable speed limits.
A speed study of Vanderbilt Drive was conducted on May 24, 2011 at a location north of
91h Street and a separate speed study was conducted on July 6, 2011 south of 2 °a Street.
The following data were collected:
Location: Vanderbilt Drive — north of 0' Street
85th percentile speed: 49.8 mph
10 -mph pace speed: 39.5 mph — 49.5 mph
Field test run speed = 45 mph
Location: Vanderbilt Drive — south of 2 °a Street
85" percentile speed: 45.4 mph
10 -mph pace speed: 34.5 mph — 44.6 mph
Field test run speed: 45 mph
ANALYSIS
According to the above referenced FDOT speed zoning guidelines, a speed limit should
not typically differ from the 85`h percentile speed or upper limit of the 10 -mph pace by
more than 3 mph and it should not be less than 8 mph. A speed limit of 4 to 8 mph less
than the 85`h percentile speed shall be supported by a supplemental investigation, which
identifies the following:
El
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11/8/2011 Item 16.A.13.
There are road or roadside features not readily obvious to the normally prudent
driver, such as length of section, alignment, roadway width, surface condition,
sight distance, traffic volume, crash experience, maximum comfortable speed in
curves, side friction (roadside development), signal progression, etc.
Within this study segment, there are several intersecting streets that may not be readily
apparent to the unfamiliar driver. This is evident by the relatively high number of rear
end and pedestrian / bicycle crashes as compared to other crashes on the study segment.
Only three of the nine northbound intersections within this study segment have a left turn
lane.
Based on the measured 85`h percentile speed of 49.8 mph on the south end and 45.4 mph
on the north end of the study segment, as well as the 10 -mph pace speed, the guidelines
would normally yield a 45 mph speed limit for this roadway. However, due to the
number of intersections, the side friction and the crash experience, an appropriate speed
limit is 40 mph. A 40 mph speed limit is within the FDOT speed zoning guidelines.
RECOMMENDATION
The study found that a 40 mph speed limit is an appropriate and safe speed for the study
segment of Vanderbilt Drive (CR 901). Therefore, it is recommended to establish the
speed limit on Vanderbilt Drive (CR 90 1) from 9`h Street to Bonita Beach Road at 40
mph.
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11 /8/2011 Item 16.A.13.
JOINT SUPPLEMENTAL INTERLOCAL AGREEMENT
BETWEEN LEE AND COLLIER COUNTIES
REGARDING ROAD MAINTENANCE OF BONITA BEACH ROAD,
VANDERBILT DRIVE AND WOODS EDGE PARKWAY
This Joint Supplemental interlocal ,agreement (Agreement), made and entered into this
day of 1998, by and between Collier County, a political subdivision of
the State of Florida, through the Board of County Commissioners, Collier County, Florida, the
governing body of Collier County and Ex- Officio as the governing body of the Collier County
Water -Sewer District, hereinafter referred to as "Collier, and Lee County, a political
subdivision of the State of Florida, Board of County Commissioners, Lee County, Florida, the
governing body of Lee County, hereinafter referred to as "Lee ".
WITNESSETH.
WHEREAS, Collier County and Lee County, by and through their respective Boards
of County Commissioners, entered into that certain Master Interiocal Agreement between
Collier and Lee Counties dated September 6, 1989 conceming the joint planning, design,
construction and maintenance of road improvements within a specified boundary area of
Collier County and Lee County; and
WHEREAS, on June 19, 1990, and April 24, 1996, Collier County and Lee County, by
and through their respective Boards of County Commissioners, authorized and entered into
supplemental agreements to the said Master Intedocal Agreement for the preliminary design,
final design, environmental permitting, right -of. -way acquisition stages and construction
relating to the four - laning improvements to Bonita Beach Road; and
WHEREAS, Collier and Lee Counties have generally recognized the public need to
proceed with maintaining the road segments that are within the transportation boundary
60NITA.15A 1
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specified.in the Master Intedocal Agreement, and
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11 /8/2011 Item 16.A.13.
WHEREAS, both Boards of County Commissioners expressed support for a road
maintenance agreement for facilities along the county line_
NOW, THEREFORE, in consideration of the above premises and other good and
valuable consideration, the receipt of which is hereby acknowledged, and in further
consideration of the mutual covenants hereinafter contained, it is agreed by the parties as
follows:
1. Lee County agrees to maintain Bonita Beach Road four lane section, including
the Vanderbilt Drive intersection, from Hickory Boulevard to Vanderbilt Drive.
2. Collier County agrees to maintain Vanderbilt Drive from Woods Edge Parkway
to Bonita Beach Road. C- ollier County also agrees to maintain Woods Edge Parkway from
Vanderbilt Drive to U.S. 41_ Collier County's maintenance obligation shall not commence until
Woods Edge Parkway is dedicated to Collier County and Lee County and accepted by Collier
County and Lee County as a public roadway. Collier County's acceptance of the roadway
shall be contingent upon the following items:
a) Collier County shall inspect Woods Edge Parkway for conformance:
with the Collier County Land Development Code. If the existing
condition of the road deviates or vanes from the Collier County Land
Development Code, then the Collier County Board of County
Commissioners must approve the deviation or variance;
b) An independent professional engineer shall review and certify to Collier
County and Lee County that the construction of Woods Edge Parkway
meets or exceeds the minimum design standards; and,
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11/8/2011 Item 16.A.13.
C) The owner of the Woods ,Edge Parkway who dedicates the roadway to
Collier County and Lee County shall post a minimum one (1) year
maintenance bond in the amount of ten (10 %) percent of the estimated
construction cost of the roadway.
3. Each jurisdiction agrees to allow the appropriate entity to maintain the road
segments addressed above.
4. Lee County and Collier County staff will provide the maintenance level,
applicable to the maintenance standards currently used in the respective counties. The
maintenance activities are generally described as follows: street sweepingj� shoulder, curb and
gutter maintenance as required; pavement repairs; traffic sign, pavement marking and traffic
signal operation and maintenance; bridge repair and maintenance; median landscaping;
median and roadside mowing; cleaning of drainage pipes, catch basins and drop inlets as
required; sidewalk maintenance and repair, repair, replacement, reconstruction and similar
activities resulting from damage caused by accidents or natural disasters; and all other
aspects of transportation facility maintenance.
5. The parties hereto recognize and agree that each county shall continue to
retain the ability to control access unto the rights -of-way within their own respective
jurisdiction. Each County will apply its own rules and procedures relating to access of right -cf-
ways upon its own road segments and land development reviews and approvals.
6. The parties hereto recognize and agree that either county has the ability to
affect the progress of the road maintenance activities by the commitment of road
maintenance activities funds. Should either Lee County or Collier County be unable to budget
required maintenance funds during any fiscal year, the other county retains the right to ^
BONITA -SA. 3
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11/8/2011 Item 16.A.13.
proceed with appropriate maintenance activities on the condition that necessary funding is
reestablished the ensuing fiscal year. This Joint Supplemental lnterlocal Agreement is solely
for the maintenance of the three road seaments stated heretofore. Collier County shall own,
control, maintain and be responsible for all Collier utility facilities. Collier County agrees that
it will maintain and keep in repair or cause to be maintained and kept in repair, all of such
constructed utilities within the right -of -way of Bonita Beach Road, and comply with all
provisions of applicable law. Lee County shall not disturb or damage the Collier County utility
facilities.
7. Lee County agrees to promptly notify Collier County in writing of any
maintenance problems, questions, issues, emergencies, traffic accidents or other events
concerning the maintenance and operation of Bonita Beach Road. Collier County shall notify
Lee County of the same or similar items during the maintenance of Vanderbilt Drive and
Woods Edge Parkway.
8. Within sixty (60) days of the execution of this Agreement, Lee County at its
cost shall distribute to the local newspapers and media a press release containing-
information advising the public that Lee County is the maintaining agency of Bonita Beach
Road. Lee County further agrees to notify in writing the public emergency offices of Lee
County's maintenance responsibility.
9. The parties shall retain their respective responsibilities for review of right -of -way
permits for the highway corridor and shall process such permits in a cooperative and
expeditious manner.
10. Lee County and Collier County agree to equally (50 %/50 %) share in the
permitting, design and construction costs for the f our laning improvements of Vanderbilt Drive
BONR'A,JSA 4
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11/8/2011 Item 16.A.13.
within Lee County. The parries agree to enter into a separate interlocal agreement which
shall set forth the obligations conceming the four laning of Vanderbilt Drive.
11. The maintenance responsibilities of Lee County as set forth herein shall not
impact and /or degrade the mission or maintenance of abutting local streets .vhich are
maintained by Collier County
12. To the extent permitted by lawn and as limited by Section 768.28, Florida
Statutes, Lee County shall indemnify and save Collier County Harmless from any and all
claims, liabilities, Icsses and causes of action arising out of any act, error, omission or
negligence of Lee County, its contractor or its agents or representatives arising from or
incident to the Lee County duties and responsibilities under this Agreement. Provided,
however, Lee County shall not be responsible for any and all claims, liabilities, losses and
causes of action arising out of any act, error, omission or negligence of Collier County, its
contractor or its agents or representatives.
To the extent pern-iitted by law and as !united cy Section 768.28, Florida Statutes,
Collier County shall indemnify arid save Lea 3ounty harmless from any and all claims,
liabilities, losses and causes o-1 action arising out of any act, error, omission or negligence of
Collier County, its contractor or its agents or representatives arising from or incident to the
Collier County duties and responsibilities under This Agreement. Provided, however, Collier
County shall not be responsible for any and all claims, liabilities, losses and causes of action
arising out of any act, error, omission or negligence of Lee County, its contractor or its agents
or representatives.
13. This Agreement constitutes the entire understanding bet,.Av.een the parties, and
any previous Agreements, whether written or oral, seal' be superseded by this Agreement.
SONITA.JSA
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11/8/2011 Item 16.A.13.
14. This Agreement may be amended only upon the concurrence of both parties
and executed with the same formalities as this original Agreement.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed by their duly authorized officers and their official seals hereto affixed, the day and
year first above written.
ATTEST: BOARD OF COUNT`( COMMISS•!O'NERS
COLLIER COUNT`( CLERK OF COLLIER COUNTY, FLORIDA; AS THE
OF COURTS GOVERNING BODY OF COLLIER-- COUNTY
AND EX- OFFICIO AS THE G- OVERNING -
BODY OF THE COLLIER COD TY -
WATER -SEWER DISTRICT
By%..� % By:
4ty puty.. Clerk = �' Chah nan \. �
5 a
iGrl{1LZi re" .� 0�:. APPROVED AS TO, FORM
..
By:
Collier County ,Xttorney's 01fice
ATTEST.- .
CHARLIE GREEN, CLERK
BY i {fit ; C A
Depeity Clerk'
BOA.: OF COUNT`( COMMISSIONERS
OR L1= COUNTY, FLORIDA
an
APPROVED AS TO FORM
B i l
Y�
Lee Co6nty Attorney's Office
SONITkJSA - 6
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@97oS/os
JOINT SUPPLEMENTAL 1NTERLOCAL AGREEMENT
BETWEEN LEE AND COLLIER COUNTIES
REGARDING LANDSCAPE MAINTENANCE OF BONITA BEACH ROAD
This Joint Supplemental Interlocal Agreement (Agreement), made and entered into
this �°-- day of _.,,%r 19� by and between Collier County, a political
,fJ
subdivision of the State o Florida, hereinafter referred to as "Collier', and Lee County, a
political subdivision of the State of Florida, hereinafter referred to as "Lee ".
WITNESSETH:
WHEREAS, Collier County and Lee County, by and through their respective Boards
of County Commissioners, entered into that certain Master Interlocal 'Agreement between
Collier and Lee Counties dated September 6, 1989 concerning the joint planning, design,
construction and maintenance of road improvements within a specified boundary area of
Collier County and Lee County; and
WHEREAS, on June 19, 1990 and April 23, 1996 Collier County and Lee County,
by and through their respective Boards of County Commissioners, entered into
supplemental agreements to the said Master Interlocal Agreement for the four- laning
improvements to Bonita Beach Road; and
WHEREAS, Collier and Lee Counties have generally recognized the public need
to proceed with maintaining the landscape of Bonita Beach road; and
WHEREAS, both Boards of County Commissioners expressed support for a road
landscape maintenance agreement along the county line.
NOW, THEREFORE, in consideration of the above premises and other good and
valuable consideration, the receipt of which is hereby acknowledged, and in further
BOMT.-Dm
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11/8/2011 Item 16.A.13.
consideration of the mutual covenants hereinafter contained, it is agreed b the parties Y p Ries as
follows:
�• Lee County agrees to perpetually manage and maintain the. median
landscaping on Bonita Beach Road from Hickory Boulevard to Vanderbilt Drive, pursuant
to the plans prepared by Lee County Department of Transportation dated June 23, 14,97
as they may be amended from time to time by the mutual consent of the parties. This
Agreement shall be reviewed in ten years for new cost estimates. This ,agreement shall
terminate if an alternative funding source, such as an MSBu, is implemented by both LEE
and COLLIER.
2. Collier County and Lee County agree to equally fund the actual maintenance
cost estimated at $70,000.00 per year for Bonita Beach Road. Collier County will'
pay Lee
County for the maintenance cost by the 31st of October of each year for the fiscal year
beginning the preceding 1st of Octot er. Any year in which expenditures do not reach the
estimated maintenance cost shall be continued over to the next fiscal year. if it appears
that during the course of this Maintenance Agreement that the amount of funds are
insufricient to cover the yearly costs, COLLIER will, at LEE'S written request, provide the
necessary additional funds within thirty (30) days of said written notification. COLLIER
staff shall be authorized to provide the necessary additional funds up to twenty-five.
r
percent (25 %) of the annual- maintenance fee. The parties agree that any additional
amount above the twenty -five percent (25 %) must be taken to the COLLIER Board of
County Commissioner's for its approval. For purposes of this Agreement, the term
"maintenance" shall include, but not be limited to, maintaining the landscaping in a
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Item 16.A.13.
vigorous healthy state of growth and provide replacement plants and irrigation components
in the event of accidents, inclement weather, etc.
3. The parties hereto recognize and agree that either county has the ability to
affect the progress of the project by the commitment of project funds. Should either Lee`
County or Collier County be unable to fund its fair share, the other county retains the right
to proceed with the project with or without a joint supplemental agreement. This Joint
Supplemental Interlocal Agreement is solely for the landscape maintenance of the Bonita
Beach road segment. Maintenance responsibilities of the roadway and appurtenances
shall be addressed by a subsequent agreement- Collier shall own, control, maintain and
be responsible for all Collier utility facilities.
4. Each year LEE shall at the earliest date practicable furnish COLLIER with
two (2) copies of its final and complete billing for all costs incurred in conjunction with the
work performed hereunder. Sufficient reference shall- be made in the billing to LEE
records, accounts or other relevant documents. All cost records and accounts shall be
subject to audit by representative(s) of either LEE or COLLIER, at their election.
5. Upon completion of the landscape work, COLLIER agrees that it will maintain
and keep in repair, or cause to be maintained and kept in repair, all of its facilities or
utilities within the right -of -way of Bonita Beach Road. Any damage to the landscape shall
be restored by COLLIER's contractor or permittee's obtained by COLLIER to the same or
better condition of what is then being maintained in the area.
6. Neither County shall be responsible for any and all claims, liabilities, losses
and causes of action arising out of any act, error, omission or negligence of the other t
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County, its contractor or its agents or representatives.
11/8/2011 Item 16.A.13.
i. This Agreement constitutes the entire understanding between the parties,
and any previous Agreements, whether written or oral, shall be superseded by this
Agreement.
8. This Agreement may be amended only upon the concurrence of both parties
and executed with the same formalities as this original Agreement.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed by their duly authorized officers and their official seals hereto affixed, the day
and year first above written..
'ATTEST: , BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY CLERK COLLIER COUNTY, FLORIDA
OF COURTS .
By: %✓?'� L,��
eputy CI•e� �? _ `✓ . �!2�
Chairman`
APPROVED AS TO FORM
By:
Office of of the County Attorney
ATTEST:
CHARLIE GREEN,.CLERK
B y: (^h o
Dep y Clerk
BOARD OF COUNTY COMMISSIONERS
OF
By:
APPROVED S TO FORM
By: ��-
Lee C, y ,amity Attorney's Office
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11/8/2011 Item 16.A.13.
C2F,_; 9 AM 9:32
OFFICE OF THE COUNTYATTORNEY
INTEROFFICE MEMORANDUM
TO: Edward J. Kant, Transportation Operations Director
FROM: Heidi F. Ashton, Assistant County Attorney
DATE: February 27, 2002
RE: Diamond Ridge DRI
Woods Edge Parkway - Completion of Sidewalks
Attached for your information and perusal is a copy of a letter from Bonita Springs City
Attorney Audrey E. Vance to Charlie Maurer, Development Associates of Bonita Springs
regarding the above - captioned subject.
Please review this letter and advise me of the appropriate Transportation staff to address
the operation and maintenance of Woods Edge Parkway.
Thank you for your assistance.
FIFA/a°
Attachment
cc: David C. Weigel, County Attorney
Norman E. Feder, Administrator, Transportation Division
h:HFA\Memos2002 \Feder- DiamondRi dge
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i/-11N
City of
Bonita pl rings
9220 BONrrA BEAca RoAD
SurrE 11I
BONMA SPRINGS, FL 34135
TEL: (941) 390 -1000
FAX: (941) 390 -1004
Paul D. Pass
Mayor
Wayne P. EdsaIl
Councilman
District One
Tay Arend
Councilman
District Two
R. Robert Wagner
Councilman
District Three
John C. WarfieId
Councilman
District Four
David T. Piper, Jr.
Councilman
District Five
Ben L. Nelson, Jr.
Councilman
District Six
Gary A. Price
City Manager
Audrey E. Vance
City Attorney
C
11/8/2011 Item 16.A.13.
February 21, 2002
Mr. Charles Maurer
C�
Development Associates of Bonita Springs, Inc.
-�
_
�s `
P. O. Box 366069
=,
Bonita Springs, Florida 34136
rT
Un
�
RE: Diamond Ridge DRI
(D
Completion of Sidewalks,m
N
Dear Charlie:
X
This letter is being prepared to memorialize the understanding
between the City of Bonita Springs and yourself, on behalf of your
ciient, Mr. Carmen Spinella, president of Guardian Development
Corporation. Guardian Development is the current owner of Diamond
Ridge DR] f /k/a Woods Edge Parkway. They have retained you and
Ms. Montgomery for purposes of completing this development owned
by Guardian Development.
As explained, Woods Edge Parkway was constructed under a
separate development order. While the road was substantially
constructed, items on the April T, 1997 inspections punch list were
never completed. These items are as follows:
1. The 8 -foot sidewalk is not constructed.
2. Some of the pavement markings. are almost completely
worn off' and should be redone. The pavement
markings appear to be.. painted; they should( be
thermoplastic.
3. The "stop ahead" sign (W3 -1A) on the north side of the
road is not installed.
4. The A/G delineators at the median opening are not
installed.
5. On Vanderbilt Road, northbound, one of the right lines
"must turn right" (R3 -7R) sign is not installed.
As we discussed, the City of Bonita Springs will complete the
punch list items, including construction of the sidewalk, contingent
upon the following:
U:\City Attomey \Letters\2002 Li Packet Page -552 - ' 'idge DRl Completion of Sidewalks.doc
11 /8/2011 Item 16.A.13.
Charlie Maurer
Development Associates of Bonita Springs, Inc.
February 21, 2002
Page 2
RE: DIAMOND RIDGE DR]
COMPLETION OF SIDEWALKS
Vanderbilt Lakes 11 Homeowner's Association and Guardian
Development will each dedicate the necessary right -of -way
to the applicable public entity accepting road jurisdiction
maintenance obligations of Woods Edge Parkway (Lee
Country, Bonita Springs, or Collier County) so that the City
can construct the job.
2. Both Vanderbilt Lakes iI Homeowner's Association and
Guardian Development will sign a release of all road impact
fee credits obligations by all three governmental
jurisdictions. This release will include an indemnification
clause where Vanderbilt Lakes II Homeowner's Association
and Guardian Development indemnifies the City of Bonita
Springs and each respective county for any action for
impact fee credits by any previous owners in the line of
succession of owner of Diamond Ridge DRI f /k/a Woods
Edge Parkway DRi.
3. Both Lee County and Collier County, in conjunction with the
City of Bonita Springs, will enter -into an interlocal
agreement to encompass the operational and maintenance
obligations and jurisdiction of Woods.. Edge Parkwa _y, with its
accompanying sidewalk.,
If this letter does not conform to our discussion, please advise
me immediately, so that we may proceed with a different course of
action. If this letter does conform to our discussion, please sign that
you conceptually agree to the terms above, so that we may proceed
with further direction to follow this course of action.
By copy of this letter to the Lee and Collier County Attorney's
office, I am advising them of our discussions and a potential way to
conclude this matter. l am also requesting that they advise of any
potential objections at this venture.
UACity AttomeylLetters12002 L Packet Page - 553 - ridge DR] Completion of Sidewalks.doc
�t
Charlie Maurer
Development Associates of Bonita Springs, Inc.
February 21, 2002
Page 3
RE: DIAMOND RIDGE DRI
COMPLETION OF SIDEWALKS
me.
11/8/2011 Item 16.A.13.
If I can be of any assistance, please do not hesitate to contact
Sin ely�yau'r�s.,,
/drey'E. Vance
City Attorney
I AGREE TO THE CONCEPTUAL TERMS OUTLINED IN THIS LETTER
ICharlie Maurer Date
Development Associates of Bonita Springs, Inc
AEV /dfg ..
cc: Mayor Paul Pass and City Council
Gary A. Price, City Manager
Dianne Lynn, City Clerk
Mary Gibbs, Director, Community Development
Daryl Walk, P.E., Public Works Manager
Scott Gilbertson, P.E., Director, DOT
Neale Montgomery, Esquire
R &P Property Management, Agent for Vanderbilt Lakes II HOA
Heidi Ashton, Assistant County Attorney, Collier County
David M. Owen, Chief Assistant County Attorney, Lee County
Timothy Jones, Chief Assistant County Attorney, Lee County
UACity Attomey\Letters12002 Packet Page -554- Ridge DRI Completion of Sidewalks.doc