Loading...
Backup Documents 03/24/2009 Item #16B 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SUFI 6 B 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO .L THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Hoard Onice only after the Board has taken action on the item_) ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the excention of the Chairman's si2oature. draw a line throup"h routing lines #1 through #4, complete the dlecklist, and forward to Sue Filson (line#5). Route to Addressee(s) Office Initials Date (List in routing order) l. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONT ACT INFORMATION (The primary contiCt is the holder of the original document pending Bee approval. Nonnally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one oflhe addressees above, inclu.1ing Sue Filson, need to cmtact staff for additional or missing information. All original documents needing the Bce Chairman's signature are to be delivered to the BeC office only after the BCC has acted to approve the item) Name of Primary Staff Michael Greene Phone Number 252-5849 Contact Agenda Date [tern was 03-24-09 Agenda [tern Number 16B I Approved bv the BCC Type of Document Agreement Number of Original 3 Attached Documents Attached I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "NI A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some docwnents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on 03-24-09 (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count AttorDe 's Office has reviewed the chao es, if a licable. Yes (Initial) N/A (Not A Iicable) 2. 3. 4. 5. 6. :.) \'-\k LIj) l') cV \...b I: Forms! COlmty Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 1681 MEMORANDUM Date: March 25, 2009 To: Michael Greene, Planning Manager Planning Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Memorandum of Agreement between Collier County and FDOT Enclosed please find three (3) copies of as referenced above, (Agenda Item #16Bl) approved by the Board of County Commissioners on Tuesday, March 24,2009. Please return a fully executed orit:!inal to the Minutes and Records Department for the Board's Official Record. If you should have any questions, please contact me at 252-7240. Thank you. Enclosure Reto: cLBRK TO THB BOARD INTEROFFICB 4TH FLOOR Bi'1 8406 4?Q~~9? OR' a44~ Dr., 14~,n t..U..J>oJ '" . J. ..J.I, \J. J. v RBCORDBD In tne OFFICIAL RBCORDS or CoLLIBR COUNTl, Fi RBC FBB 04ii0/1009 at il:3&AK DW1GH'f B. BROCK. CLBRK COPIBS 52.50 6.00 MEMORANDUM OF AGREEMENT FOR INTERIM MEDIAN OPENING 1681 THIS MEMORANDUM OF AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this ~ of Inc,n':\-. , 2009, by and between Ronald Benderson and David H. Baldauf, as Trustee Under a Trust Agreement dated September 22, 1993, known as the Randall Benderson 1993-1 Trust, whose address is 8441 Cooper Creek Boulevard, University Park, Florida 34201; WR-I Associates, Ltd., a Florida limited partnership, whose address is 8441 Cooper Creek Boulevard, University Park, 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. R E C I TAL 5: 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 specifically 1- 75/Alligator Alley PUD County Ordinance No. 07-26 ("AA PUD"); and WHEREAS, FDOT is widening Davis Boulevard adjacent to the AA 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 PUD will be required to utilize access to Davis Boulevard through adjacent property to the west known as the East Gateway PUD when said adjacent property is developed with an access road that connects the AA PUD to Davis Boulevard at the Market Center intersection (the "East Gateway Access") as depicted on the site plan attached as Exhibit "A"; and OR: 4445 PG: 1435 1681 WIT N E SSE T H: NOW, THEREFORE, in consideration of the covenants contained herein, the parties agree as follows: A. In every development order issued by the County for development that may use Joy Rose Place for access, the County will use its best efforts to include language that will 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 accommodation for Developer, failure 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 Benderson Development attached) C. The Developer is responsible for 100% of the costs associated with modifying the FOOT Davis Boulevard project design to include the Median Cut. The Developer has contracted directly with FDOT's consulting engineer, TY Lin, 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 FDOT. E. The Median Cut shall remain open until such time as the first to occur of anyone of the following trigger points: 1. The East Gateway Access is constructed and open for public ingress and egress that connects to the AA PUD. The Developer shall notify the County and FDOT within 7 days of the East Gateway Access being operational.; or 2. If the left turn lane queues for the Davis Boulevard and CR 951 intersection back up past the Median Cut creating a safety or operational problem, as identified by the County or FDOT. Final decision is at the discretion of FDOT; or 3. If the Median Cut is identified by the County or FDOT as a safety or operational problem. Final decision is at the discretion of the FDOT; or 4. The Median Cut shall be closed within three (3) years from the completion of the road widening project construction of Davis Boulevard from Radio Road to CR 951. FDOT will notify the Developer when project construction is complete; or Page 2 of4 OR: 4445 PG: 1436 1681 5. 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 permit application to the FDOT for closure of the Median Cut. Upon receipt of a permit from FDOT, 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 PUD 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 Records of Collier County, Florida, within fourteen (14) days after the Agreement is fully executed. Developer shall pay all costs of recording this Agreement. "Remainder of page intentionally blank" Page 3 of 4 OR: 4445 PG: 1437 1681 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 wriUe n. STATE OF FLORIDA DEP~OF TRANSPORTATION By. ~ ~ Sio. m. Can . "cf 5eere-larlf e and Title Attest: . i'" -1.."-. .-". DWIGH!,E. BROCK,Clerk BOARD OF COUNTY COMMISSIONERS COLLIER C UNTY, FLORIDA By: A FIALA, Chairman Attest..s, to a. StGlllturf' ,*,11" ' AS TO DEVELOPER: IWm David H. Baldauf, as Manager David H. Baldauf, as Trustee Under a Trust Agreement dated September 22, 1993, known as the Ran all Benderson 1993-1 Trust WR-I ASSOCIATES, L TO BY: BG The Village, LLC, General Partner ~ Page 4 of 4 r-;---' i ':1 I II :1 ~t~ I , I I, .,t -~:~! ~ ~~ ~ ~:l \ ~i '~8[ f7lrJlJ ~LJL!J G Ii ~I ~. ~i - ~ 2, ~ ~ ~ ~ -J. ~ ! ~~ i , 'J $~~C3 _._--/..~ ~'" ,~...~ \~iJl \ ,., ~/. . ." '.., , 'liT/<' ,- I- ~, I , I I' /"l il , . I ~ ~ .,'1 · ~ ~ rOof? 8 ',1 "I' I I I I k~, I,' 1'1' I Ii i I" i'II'I; ~- ~ "l I ~ ~ I ; / I ~! 1',' ! '-'-,-r'-~ I ' u f I " ~. :1 l ,~~ ;~ ,'~ Ii; I! ..~ ,~ ~~ '~~ I' .'3,'" < , -< _.J-c:. __ L?~, i , ~ ;:! 11"i" Ir; '; ;ill , " -r ~ A '-lWi \":~ i~\ ~r~ JI]' 'i! I 'i i ~ I I ',!'I' ,~ ~ ~iOO\ ..~'I"{ 1III!IIl1 r ~ nm CO ~;; Z .U'~", ....-.-~ -'< ,. -~ -~~\ "\\ \ \" % \ \ " ! I 1 1 m > en -t ~ -t m I~ :i :r:- 'C> C> " m, i en, ,en I' 1 1 I i :1 II 1 , J m )> en -l Q"U )>C rrio :2: ~ ------- 1 7, C> ::0 ~ '"""" ~ <..n ~o C~ , ('~___.._nn...~'~;- n..n,'IF' ll,__ /~ - II: - i',1 " ...~ ~ LV 00 ~- ------- II / \0\~:( '\ ~ - - ---------.:.________ I I ~ E__~-~ ':\', ~ ~I I; j I ,L1 00, ! 0! ;,":,7'-:: ~e o~ xx_,,",,, > . n ' 00' ' . , ~ ~-~ m x I OJ ., ~ ALLIGATOR ALLEY a.k.a. COLLIER/DAVIS COMMONS COLLIER BOULEVARD (C.R. 951) ANO INTERSTATE 75 NAPLES, FLORIDA JOYROSE PLACE """ O~~ ~<z ."~,, >~~ z~::o :<=::g5 t""~:;: ~~ PRELIMINARY --+ SUBJECT TO REVISION/REFINEMENT H~ni ~g~, H ~~! n ~ ~~ n: i " ~ ~ *** OR: 4445 PG: 1439 *** Joyrose Place Roadway Closure Opinion of Probabla Consrr>Jctlon Costs November 19, 200; 16B 1 I ITEMIDESCRIPTION QUAt(rITl' UNIT COST TOTAL f. OIfsJl8/mDlOvsmenfs: Maintenance of Traffic 1.0 Is S 4.500.00 Is S 4.500.00 Asphalllcurb removal (incJ. ex/sting traffIC separator removal) 1.0 Is S 9.500.00 Is S 9.500.00 Excavation & embankment 120 ''Y S 6.50 <:i S 780.00 1" Type Fe.3 Friction Course 190 ';Y $ 11.00 'Y S 2.090.00 3" Type SP-12.5 Binder Course 190 ~IY $ 18.00 sy S 3.420,00 9" 8858 Course (LBR 100) 190 !iY $ 11.00 'Y S 2.090.00 12" Type '8' SlablllzatlQn (LBR 40) 190 !.y S 8.00 sy S 1.520.00 3' Type IV Traffic Separator 192 f S 25.00 If S 4.BOO.00 Pavement Marking & Striping (Thermoplastic incl. RPM's) 1.0 Is S 250.00 I. S 250.00 OTfsJI.'mprovements Total: S 2'.950.00 Grand Total: $ 28,950.00 General Notes: 1. Coat Opinion based on improvements dlrecUy rel81ed to the closure of Joyrosp Plat:e. 2. Cost Opinion based on plans prepared by Tylin Inlemalional. dated 10114/08. Sanderson Development Company. LLC PrD~tty II 3105 Pagll1