Agenda 03/24/2009 Item #16B 1
Agenda Item No. 16B 1
March 24. 2009
Page 1 of 10
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approves and authorizes the
Chairman to sign the Memorandum of Agreement for Interim Median Opening located at
Davis Boulevard and Joy Rose Place.
OBJECTIVE: That the Board of County Commissioners (BCC) approves and authorizes the
Chairman to sign the Memorandum of Agreement for Interim Median Opening (Agreement)
]oeated at Davis Blvd. and Joy Rose Place.
CONSIDERATION: The 1-75/Alligator Alley PUD (AA PUD) is currently accessed through a
median cut on Davis Blvd to Joy Rose Place. The Florida Department of Transportation (FOOT)
is widening Davis Blvd and the original plans were to close the median cut. The AA PUD would
like to retain the median cut for eastbound trips into the PUD until the East Gateway PUD is
develop0d. The East Gateway PUD is the adjacent property to the west of the AA PUD. The
median cut is a temporary access. The closing of the median is subject to anyone of five trigger
points and will be paid for solely by the developer of the AA PUD. A bond in the amount of
$32,000 shall be in place prior to the construction or the median cut. The bond amount has been
approved by FDOT and the County staff
~
FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. All
costs associated with this agreement arc to be paid by the Developer.
GROWTH MANAGEMENT IMPACT: The requested interim median opening is consistent
with Growth Management objectives and produccs no negative impact.
LEGAL CONSIDERA nONS: This Agreement has been reviewed and revised by the County
Attomey and is legally sufficient for Board action. This is a regular item which requires simple
majority vote. -JAK
RECOMMENDATION: That the Board of County Commissioners (BCC) approves and
authorizes the Chairman to sign the Memorandum of Agreement for Interim Median Opening
(Agreement) located at Davis Blvd. and Joy Rose Place.
Prepared By: Michael Greene, Transportation Planning Manager
Attachments: ]) Ab'feement; 2) Exhibit A; 3) Opinion of Probable Cost; 4) Locus Map
~
Page 1 of2
Agenda Item No. 16B 1
March 24, 2009
Page 2 of 10
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16B1
Meeting Date:
Recommendation that the Board of County Commissioners approves and authorizes the
Chairman to sI9n the Memorandum of Agreement for Interim Median Opening located at
Davis Boulevard and Joy Rose Place.
3/241200990000 AM
Prepared By
Michael Greene
Project Manager
Transportation Engineering &
Construction Management
Date
Transportation Services
1126120093:23:18 PM
Approved By
Nick Casalanguida
MPO Director
Date
Transportation Services
Transportation Planning
21212009 8:28 AM
Approved By
Norm E. Feder. AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
219120099:14 AM
Approved By
Brian Hancock
Operations Support Manager
Date
Transportation Division
Transportation Administration
2/9f2009 10:04 AM
Approved By
Najeh Ahmad
Director
Date
Transportation Services
Transportation Engineering &
Construction Management
2124120092:46 PM
Approved By
Scott R. Teach
Assistant County Attorney
Date
County Attorney
County Attorney Office
316120099:35 AM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
31612009 11 :45 AM
Approved By
Pat Lehnhard
Executive Secretary
Date
Transportation Services
Transportation Services Admin
311012009 1 :04 PM
A pproved By
OMS Coordinator
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
311112009 1 :14 PM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
3112120098:48 AM
Page 2 of2
Agenda Item No. 1681
March 24, 2009
Page 3 of 10
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
3113120094:11 PM
Agenda Item No. 1681
March 24. 2009
Page 4 of 10
MEMORANDUM OF AGREEMENT
FOR INTERIM MEDIAN OPENING.
THIS MEMORANDUM OF AGREEMENT (hereinafter referred to as the
'Agreementj is made and entered into this _ of I 2009, by and
between Ronald Benderson and David H. Baldauf, as Trustee Under a Trust Agreement
dated September 22, 1993, known as the Randall Bender80n 1993-1 Trust, whose
address is 8441 Cooper Creek Boulevard, Universlly Palk, F10rlda 34201; WR-I
As8octates, Ltd., a Florida limited partnership, whose address is 8441 Cooper Creek
Boulevard, University Perf(, Florida 34201 (collectively referred to as "Developer")
COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter
referred to as "County") whose address is and STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION, (hereinafter referred to as "FOOT; whose
address is 801 N. Broadway Avenue, Bartow, FL 33830.
BEe I TAL $:
WHEREAS, Developer is the owner of certain undeveloped lands laying
adjacent to Davis Boulevard/State Road 84 within the unincorporated area of Collier
County, Florida which is zoned Planned Unit Development, more specificaUy 1-
751Alligator Alley PUD County Ordinance No. 07-26 f'AA PUD'1; and
WHEREAS, FOOT is widening Davis Boulevard adjacent to the M PUD
property; and
WHEREAS, Developer wants to retain the existing median opening in Davis
Boulevard that allows access for eastbound trips to Joy Rose Place, the entry road to
the AA PUD (the "Median Cut"); as depicted on the site plan attached as Exhibit "A';
and
WHEREAS, FOOT and the County are willing to consent to the temporary
retention and improvement of the Median Cut subject to the conditions in this
Agreement; and
WHEREAS, Pursuant to Collier County LDC 4.07.02J.4, which requires
Interconnection of .adjacent parcels, Developer acknowledges that the AA. PUO wlll be
required to utilize access to Davis Boulevard through adjaoent property to the west
known as the East Gateway pu~ when said adjacent property is developed with an
access road that connects tha AA PUD to Davis BouleVard at the M8I1<et Center
Intersection (the "E8at Gateway AccMs") as depicted on the slle plan attachad as
exhibit "A"; and
Agenda Item No. 1661
March 24, 2009
Page 5 of 10
WIT N E ~S ETH:
NOW, THEREFORE, in consideration of the covenants contained heretn, the
partie's agree as follows:
A. In fNery dfNelopment order issued by the County for development that
may use Jay Rose Place for access, the County will use Its best efforts to include
language that win put the applicant on notice that the Median Cut is a temporary
condition and list the fIVe (5) trigger points for closure contained in Section E below. In
that this Agreement is an aooommodation for Developer, faDure by the County to
provide such notice shall not subject the County to any claim or liability.
B. The Developer is responsible for securing a bond in the amount of
$32,000.00 to cover the costs of median closure that either the County and/or FOOT
can draw upon If needed pursuant to the five (5) trigger points for closure contained in
Section E below. Said bond shall be in a form approved by FOOT and shall be provided
to the County and FOOT at least 14 days prior to construction of the Median Cut.
(Opinion of probable cost prepared by Senderson Development attached)
c. The Developer is responsible for 100% of the costa associated with
modifying the FOOT Davis Boulevard project design to include the Median Cul The
Developer has contracted directly with FOOTs consulting engineer, TY Un, for the
design changes that must be Incorporated into the Davis Boulevard plans.
D. Prior to initiating construction of the Median Cut, the design modification
must be approved by FOOT.
E. The Median Cut shall remain open until such time as the nrst to occur of
any one of the following bigger points:
1. The East Gateway Access is constructed and open for public
ingress and egress that connects to the AA PUO. The Developer sha. notify the
County and FOOT within 7 days of the East Gateway Access being operational.;
or
2. If the left tum lane queues for the Davis Boulevard and CR 951
intersection back up past the Median Cut creating a safaty or operational
problem, as identified by the County or FOOT. Final decision is at the discretion
of FOOT; or
3. If the Median Cut is identified by the County or FOOT 88 a safety or
operational problem. Final decision is at the discretion of the FOOT; or
4. The Median Cut shall be closed within three (3) years from the
complation of the road widening project construction of Davis Boulevard from
Radio Road to CR 951. FOOT will notify the Developer when project
construction is complete; or
Page 2 of 4
Agenda Item No. 16B1 ---I
March 24, 2009 I
Page 6 of 10
6. If no other triggers are met, the Median Cut must be closed by the
Developer no later than January 1, 2015, unless otherwise agreed to by FDOT in
its discretion.
F. Upon occurrence of any of the triggers identified in paragraph E above,
the Developer shall, within 30 days, submit a complete pennit application to the FOOT
for closure of the Median Cut. Upon receipt of a pennit from FOOT, the Developer shall
complete closure of the Median Cut within 90 days.
G. The County hereby covenants that it will not authorize development within
the East Gateway PU D unless the East Gateway Access is constructed and open for
pUblic ingress and egress that connects to the AA PUD.
H. Developer shall execute this Agreement prior to it being submitted for
approval by the Board of County Commissioners. This Agreement shall be recorded by
the County in the OffIcial Reoords of Conier County, Florida, within fourteen (14) days
after the Agreement Is fully executed. Developer shall pay all costs of recording this
Agreement.
"'Remalnder of page intentionally blank'"
Page 3 of4
Agenda Item No. 1661
March 24, 2009
Page 7 of 10
IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of
Agreement to be executed by their appropriate officials, as of the date first above
written.
STATE OF FLORIDA
DEPARllIENT OF TRANSPORTATION
By:
Print Name III1d T1tIe
Attest:
DWIGHT E. BROCK. Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
Approved as to fonn
and legal sufficiency:
@J
Jeffrey A. Klatztow
County Attorney
AS TO DEVELOPER:
WR-IASSOCIATES, LTD.
BY: BG The Village, LLC, General Partner
David H. Baldauf, as Trustee
Under a Trust Agreement dated
September 22, 1993, known 8S the
Randall Benderson 1993-1 Trust
David H. Baldauf, as Manager
_1 v_Ol \ 102266.000&
David H. Baldauf, as Manager
Page 4 of4
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Joyrose PlacH
Roadway Closure
Opinion of Probable Constrlletion Costs
Novembtt' 19, 200e
Agenda Item No. 16B 1
March 24, 2009
Page 9 of 10
I ITEMlDESCRIPTION QUA~m' UNIT COST TOTAL
1. Offslte ImDrovement.s:
Maintenance of Traffic 1.0 Is S 4.500.00 Is S 4.500.00
Asphalllcurb removal (incl. existing traffic: separator removal) 1.0 Is $ 9.500.00 Is $ 9.500.00
Excavation & embankment 120 ''Y S 6.50 cy S 760.00
1" Type FC.3 Friction Course 190 "y S 11.00 sy $ 2.090.00
3" Type SP-12.5 Binder Course 190 "y S 18.00 sy 5 3.42000
9~ Base Course (LBR 100) 190 liY $ 11.00 sy S 2.090.00
12" Type '8' SlabllizaUon (LBR 40) 190 !.y 5 8.00 sy S 1.52000
3' Type IV Traffic Separator 192 f S 25.00 II S 4.800.00
P avemenl Marking & Striping (Thermoplastic incl. RPM's) 1.0 Is S 250.00 Is S 250.00
O"sll& Improvements Total: $ 28,950.00
Grand Total: $ 28,950.00
General Notes:
1. Cost OpInion based on improvements directty relaled to the closure of JoyrosE' Plat:e.
2. Cosl Opinion based on plans prepared by Tylin Intemational. daled 10114/08.
Benderson Development Company, LLC
Property: 3105
Pago 1
Agenda Item No. 1681
March 24, 2009
Page 10 of 10
Locus Map
P'Ucflll
SubdJ\I!luonll
A,erl41azooa{&lndlUrbanJ
AerllllaZtMl7{2FE.fTl
Bulldln{l Fooqnlntli
CoW..rCounty
@2004. Callier County Property Appraiser \lVhile the Collier County Property Appraiser is commijted to providing the most accurate end up,to-date information, no warranties expressed or implied are provided
fortl1edala herein, its use, or its inlerpretlltion