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Agenda 06/23/2020 Item #16A16 (Developer Agreement w/Halstatt, LLC)06/23/2020 EXECUTIVE SUMMARY Recommendation to approve the Developer Agreement with Halstatt LLC that will allow for the design, right-of-way, and construction of intersection improvements on Airport Road at Golden Gate Parkway, right-of-way for a future right turn lane extension on Golden Gate Parkway at Airport Road and a cost-sharing and reimbursement plan. OBJECTIVE: For the Developer to design, provide right-of-way and easements and construction activities to support intersection improvements at Airport Road and Golden Gate Parkway CONSIDERATIONS: On April 6, 2018, a right-of-way (ROW) application was submitted to the County to add a northbound left-turn lane into Poinciana Professional Park (southwest corner of Airport Road and Golden Gate Parkway). This additional turn lane would utilize the median area to serve the private development. Staff reviewed the application and, after multiple submittals, ultimately issued a denial based on the County’s need to extend the turn lanes servicing the major intersection (Airport Road/Golden Gate Parkway). Per the ROW Handbook, turn lanes in the median that serve the public shall take precedence over turn lanes serving privately owned development. The applicant requested an appeal of this decision and suggested a modified design that would accomplish both the applicant’s desire of a dedicated left-turn lane into their site, as well as the extension of left-turn lanes, which will serve the public. However, this improvement would require an additional easement from the adjacent community (Bear’s Paw). The applicant has worked with the adjacent community to assist in securing the necessary easement and has proposed constructing the County needed intersection improvements in conjunction with their site-related improvements. The County would be responsible for 28% of the total project costs (design and construction) and would have up to 3 years to reimburse the applicant for the improvements. In addition, to the improvements mentioned above, the applicant will also provide right-of-way on Golden Gate Parkway at no cost to the County to facilitate future extension of the right -turn lane. With this Agreement, the applicant is also withdrawing the prior appeal. FISCAL IMPACT: The County will be responsible for 28% of the design and construction costs, estimated to be $224,262.78. The County shall incur the costs to reimburse the Developer; these additional costs will be paid from Gas Tax Fund (313) and budgeted within the agreed -upon timeframe of three years. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality, and requires majority vote for approval. -JAK GROWTH MANAGEMENT IMPACT: This item meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. RECOMMENDATION: To approve the Developer Agreement with Halstatt LLC that will allow for the design, right-of-way, and construction of intersection improvements on Airport Road at Golden Gate Parkway, right-of-way for a future right turn lane extension on Golden Gate Parkway at Airport Road and a cost-sharing and reimbursement plan Prepared By: Trinity Scott, Transportation Planning Manager, Capital Project Planning, Impact Fees and Program Management Division 16.A.16 Packet Pg. 1195 06/23/2020 ATTACHMENT(S) 1. Developer Agreement Halstatt 6-2-2020 Signed (PDF) 2. Poinciana Professional Park ROW Permit Denial Letter 032219 (PDF) 16.A.16 Packet Pg. 1196 06/23/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.16 Doc ID: 12534 Item Summary: Recommendation to approve the Developer Agreement with Halstatt LLC that will allow for the design, right-of-way and construction of intersection improvements on Airport Road at Golden Gate Parkway, right-of-way for a future right turn lane extension on Golden Gate Parkway at Airport Road and a cost sharing and reimbursement plan. Meeting Date: 06/23/2020 Prepared by: Title: Project Manager – Capital Project Planning, Impact Fees, and Program Management Name: Laurie Beard 06/02/2020 2:44 PM Submitted by: Title: Division Director - IF, CPP & PM – Capital Project Planning, Impact Fees, and Program Management Name: Amy Patterson 06/02/2020 2:44 PM Approved By: Review: Capital Project Planning, Impact Fees, and Program Management Trinity Scott Additional Reviewer Completed 06/02/2020 2:52 PM Growth Management Department Judy Puig Level 1 Reviewer Completed 06/02/2020 3:08 PM Growth Management Department Matthew McLean Additional Reviewer Completed 06/03/2020 9:04 AM Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 06/03/2020 10:51 AM Growth Management Department Lisa Taylor Additional Reviewer Completed 06/04/2020 8:33 AM Capital Project Planning, Impact Fees, and Program Management Rookmin Nauth Additional Reviewer Completed 06/04/2020 8:36 AM Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 06/04/2020 8:53 AM Growth Management Department Laurie Beard Deputy Department Head Review Skipped 06/02/2020 2:38 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 06/04/2020 11:29 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 06/04/2020 2:57 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/08/2020 4:19 PM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 06/15/2020 12:42 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 06/15/2020 1:57 PM Board of County Commissioners MaryJo Brock Meeting Pending 06/23/2020 9:00 AM 16.A.16 Packet Pg. 1197 DEVELOPER AGREEMENT Poinciana Professional Park THIS DEVELOPER AGREEMENT (hereinafter referred to as the “Agreement”) is made and entered into this ______ of _________, 2020, by and among Halstatt LLC (hereinafter referred to as the “Developer”), whose address is 2640 Golden Gate Parkway, Naples, FL 34105, and Collier County, a political subdivision of the State of Florida. RECITALS: WHEREAS, there is a pending appeal of a staff denial dated March 22, 2019 of Right of Way Permit Application No. PRROW20180427224 concerning a request for a median opening along Airport Road south of Golden Gate Parkway, which would allow for a turning lane into Poinciana Professional Park; and WHEREAS, the parties wish to resolve any and all issues relating to this appeal and the underlying application under the terms and conditions set forth below. WITNESSETH 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. 2. County will allow the Developer to proceed with the project on the following conditions: A. Developer will design and construct the road and sidewalk improvements (“Improvements”) as set forth in Exhibit 1. Developer will utilize the services of Trebilcock Consulting Solutions, P.A. and Agnoli, Barber and Brundage, Inc. for professional engineering and surveying services pertaining to the design, permitting and construction of the Improvements. The County shall reimburse the Developer twenty eight percent of the design and permitting costs of the Improvements. Reimbursement shall be paid within three years of receipt of an invoice from Developer for those costs. B. The Improvements set forth in Exhibit 1 will require additional right-of-way in the form of an easement from Bear’s Paw. Developer, at its sole cost and expense, will obtain this additional right-of-way for the area depicted on Exhibit 1 (Sheet 2 of 3). The form of the right of way shall be consistent with the easement attached hereto as Exhibit 2. In addition to the right of way easement from Bear’s Paw, Developer shall convey to the County in fee simple the area depicted on Exhibit 1 (Sheet 3 of 3) located north of the Poinciana Professional Park Airport Road entry. That conveyance shall be subject to that certain Utility Easement 16.A.16.a Packet Pg. 1198 Attachment: Developer Agreement Halstatt 6-2-2020 Signed (12534 : Poinciana Prof Park) granted to the City of Naples, recorded on October 17, 1990 in Official Records Book 1566, at Page 462, Public Records of Collier County, Florida. C. The County will contribute to the construction costs for the Improvements needed by the County. The County’s contribution will be28% of the shared lump sum project costs inclusive of design and construction engineering and inspection (CEI), which will be reimbursed to Developer within 3 years of the completion of the Improvements. Prior to commencing construction of the Improvements, the County and the Developer shall cooperate to advertise and bid the Improvement project in accordance with the County’s normal solicitation procedures for public road projects. The County shall provide written notice to the Developer documenting the result of such solicitation and ranking all qualified bids from lowest to highest, with the dollar amount of the lowest qualified bid being hereinafter referred to as responsible bidders. The Developer may negotiate with any of the bidders or any other qualified contractor, and in that regard the Developer shall not be obligated to award the construction of the Improvements to the low bidder or to any of the responsive bidders; however, in no event shall the final reimbursement amount exceed $193,462.78 or 28% of the low bid amount, whichever is less plus $15,400 for design and $15,400 for CEI for a total not to exceed amount of $224,262.78. The County shall reimburse the Developer based upon the estimated construction costs in Exhibit 3. D. Developer will obtain a right-of-way permit for the Improvements at no cost. Developer shall not pay any lane or sidewalk rental fees for construction of the Improvements for the period of June 23, 2020 through April 30, 2021. Commencing on May 1, 2021, Developer will pay the customary lane and sidewalk rental fee charged by the County. However, any lane and sidewalk rental fees will be reduced by 28%. E. As set forth in Exhibit 1 (Sheet 1 of 3), Developer will provide additional right- of-way along Golden Gate Parkway to allow the County to extend the right turn lane to Airport Road. The conveyance of such right of way shall be fee simple. Legal Matters 3. This Agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. 4. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all assigns successors in interest to the parties to this Agreement. The term “Developer” shall include all of Developer’s assigns and successors in interest, including homeowner associations and commercial tenants. 5. 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. 16.A.16.a Packet Pg. 1199 Attachment: Developer Agreement Halstatt 6-2-2020 Signed (12534 : Poinciana Prof Park) 6. This Agreement shall be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the Effective Date. The Developer shall pay all costs of recording this Agreement. The County shall provide a copy of the recorded document to the Developer upon request. 7. Developer’s appeal is hereby withdrawn in all respects, with all issues having been resolved by this Agreement. In the event of any dispute under this Agreement, the parties shall attempt to resolve such dispute first by means of the County’s then-current Alternative Dispute Resolution Procedure, if any. Following the conclusion of such procedure, if any, either party may file an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this Agreement, and remedy being cumulative with any and all other remedies available to the parties for the enforcement of the Agreement. 8. 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 (including County’s option) 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: To County: Collier County Manager's Office 3299 Tamiami Trail East, Suite 202 Naples, FL 34112-5746 To Developer: Halstatt LLC 2640 Golden Gate Parkway, #105 Naples, FL 34105 9. This Agreement (which include the references set forth in the Recitals) constitutes the entire agreement between the parties with respect to the activities noted herein and supersedes and takes the place of any and all previous agreements entered into between the parties hereto relating to the transactions contemplated herein. All prior representations, undertakings, and agreements by or between the parties hereto with respect to the subject matter of this Agreement are merged into, and expressed in, this Agreement, and any and all prior representations, undertakings, and agreements by and between such parties with respect thereto hereby are canceled. 10. Nothing contained herein shall be deemed or construed to create between or among any of the parties any joint venture or partnership nor otherwise grant to one another the right, authority or power to bind any other party hereto to any agreement whatsoever. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW 16.A.16.a Packet Pg. 1200 Attachment: Developer Agreement Halstatt 6-2-2020 Signed (12534 : Poinciana Prof Park) 16.A.16.a Packet Pg. 1201 Attachment: Developer Agreement Halstatt 6-2-2020 Signed (12534 : Poinciana Prof Park) 9+0010+00 X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X 1" = 40'EX. 4' CONCRETESIDEWALKEX. 5' CONCRETESIDEWALK (TYP)CHILLERBLDG.EXISTINGBLDG. # 2640EXISTINGBLDG. # 2600EXISTINGBLDG. # 2590EXISTING GOLDEN GATE PARKWAYEXISTING AIRPORT-PULLING ROADPROPERTY BOUNDARY(TYP)PROPERTY BOUNDARY(TYP)POTENTIAL FUTUREDEVELOPMENTPHASECHILLERBLDG.BEAR'S PAWCOUNTRY CLUBEX. 6' CONCRETESIDEWALKPROPOSED LEFTTURN LANEPROPOSED R.O.W. EXPANSION(TYP) (3,286 SF TOTAL)PROPOSED 6' CONCRETESIDEWALKEX. 6' LANDSCAPEBUFFERREVISIONS:No: Revision: Date:1 REVISED LANDPLAN 10/28/20190010' 20' 40' 80' 120'Bar Scale: 1" = 40'PROJECT:TITLE:OWNER/CLIENT/CONSULTANT:PROFESSIONAL SEALS:Sheet Number: ofFile Number:Project Number:Vertical Scale:Horizontal Scale:Date:Drawn by:Designed by:CityB11EDCACounty:2233445566PROFESSIONAL ENGINEER:FLORIDA LICENSE NUMBER:SEC: RGE:TWP:NOTES:POINCIANAPROFESSIONALPARKEXHIBIT 1 - GOLDENGATE PARKWAY EBRIGHT TURN LANEEXTENSION(SHEET 1 OF 3)HALSTATT LLC26 49S 25ENAPLES COLLIERJOHN ENGLISH, P.E.ANTON SCHAFFEROCTOBER 20191" = 40'N.T.S.P-HLST-003-001P-HLST-003-001-X23C-X23-202 02DATUM NOTE:ALL ELEVATIONS ARE BASED ON NAVD 88(NORTH AMERICAN VERTICAL DATUM OF 1988).16.A.16.aPacket Pg. 1202Attachment: Developer Agreement Halstatt 6-2-2020 Signed (12534 : Poinciana Prof Park) AIRPORT PULLING RDBEAR'S PAWCOUNTRY CLUBPROPOSED POINCIANAPROFESSIONAL PARKENTRANCEPROPOSEDSIDEWALK1" = 30'REVISIONS:No: Revision: Date:1 ADDED SIDEWALK EASEMENT 10/28/2019007.5' 15' 30' 60' 90'Bar Scale: 1" = 30'PROJECT:TITLE:OWNER/CLIENT/CONSULTANT:PROFESSIONAL SEALS:Sheet Number: ofFile Number:Project Number:Vertical Scale:Horizontal Scale:Date:Drawn by:Designed by:CityB11EDCACounty:2233445566PROFESSIONAL ENGINEER:FLORIDA LICENSE NUMBER:SEC: RGE:TWP:NOTES:POINCIANAPROFESSIONALPARKEXHIBIT 1 - TURNLANE IMPROVEMENTSAND BEAR'S PAWSIDEWALK EASEMENTAREA(SHEET 2 OF 3)HALSTATT LLC26 49S 25ENAPLES COLLIERJOHN ENGLISH, P.E.ANTON SCHAFFEROCTOBER 20191" = 30'N.T.S.P-HLST-003-001P-HLST-003-001-X22-1C-X2201 01DATUM NOTE:ALL ELEVATIONS ARE BASED ON NAVD 88(NORTH AMERICAN VERTICAL DATUM OF 1988).1. AIRPORT ROAD RIGHT-OF-WAY LINEIS APPROXIMATE AND SHOWN FORGRAPHICAL PURPOSES FOR THIS EXHIBIT.THE RIGHT-OF-WAY LINE SHOULD BEVERIFIED BY A LICENSED SURVEYORPRIOR TO FINALIZING THE SIDEWALKEASEMENT.2. FOR THE PURPOSES OF THIS EXHIBITTHE WESTERLY LIMIT OF THE EASEMENT ISSET AT A 1 FOOT OFFSET WEST OF THEWEST SIDE OF THE PROPOSED SIDEWALK.3. PROPOSED ROAD AND SIDEWALKIMPROVEMENT CONCEPT WAS PROVIDEDBY TREBILCOCK CONSULTING SOLUTIONS.16.A.16.aPacket Pg. 1203Attachment: Developer Agreement Halstatt 6-2-2020 Signed (12534 : Poinciana Prof Park) 1" = 30'AIRPORT PULLING RDPROPERTY BOUNDARY(TYP)CHILLERBLDGBEAR'S PAWCOUNTRY CLUBPROPOSED POINCIANAPROFESSIONAL PARKENTRANCEPOINCIANAPROFESSIONALPARKPROPOSEDSIDEWALKREVISIONS:No: Revision: Date:1 ADDED SIDEWALK EASEMENT 10/28/2019007.5' 15' 30' 60' 90'Bar Scale: 1" = 30'PROJECT:TITLE:OWNER/CLIENT/CONSULTANT:PROFESSIONAL SEALS:Sheet Number: ofFile Number:Project Number:Vertical Scale:Horizontal Scale:Date:Drawn by:Designed by:CityB11EDCACounty:2233445566PROFESSIONAL ENGINEER:FLORIDA LICENSE NUMBER:SEC: RGE:TWP:NOTES:POINCIANAPROFESSIONALPARKEXHIBIT 1 - HALSTATTSIDEWALKCONVEYANCE AREA(SHEET 3 OF 3)HALSTATT LLC26 49S 25ENAPLES COLLIERJOHN ENGLISH, P.E.ANTON SCHAFFEROCTOBER 20191" = 30'N.T.S.P-HLST-003-001P-HLST-003-001-X22-2C-X2201 01DATUM NOTE:ALL ELEVATIONS ARE BASED ON NAVD 88(NORTH AMERICAN VERTICAL DATUM OF 1988).1. AIRPORT ROAD RIGHT-OF-WAY LINEIS APPROXIMATE AND SHOWN FORGRAPHICAL PURPOSES FOR THIS EXHIBIT.THE RIGHT-OF-WAY LINE SHOULD BEVERIFIED BY A LICENSED SURVEYORPRIOR TO FINALIZING THE SIDEWALKEASEMENT.2. FOR THE PURPOSES OF THIS EXHIBITTHE WESTERLY LIMIT OF THE EASEMENT ISSET AT A 1 FOOT OFFSET WEST OF THEWEST SIDE OF THE PROPOSED SIDEWALK.3. PROPOSED ROAD AND SIDEWALKIMPROVEMENT CONCEPT WAS PROVIDEDBY TREBILCOCK CONSULTING SOLUTIONS.16.A.16.aPacket Pg. 1204Attachment: Developer Agreement Halstatt 6-2-2020 Signed (12534 : Poinciana Prof Park) PROJECT: PARCEL: FOLIO: ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT THIS EASEMENT, is made and entered into this _____ day of ______________, 20____, by ______________________________, whose mailing address is ________________________________________ (hereinafter referred to as “Grantor”), to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as “Grantee”). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns. Grantor and Grantee are used for singular or plural, as the context requires.) W I T N E S S E T H: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non-exclusive road right-of-way, drainage and utility easement to enter upon and to install and maintain roadway, bikepath and sidewalk improvements, drainage structures, including but not limited to ditches, swales, earthen berms, rip -rap and retaining wall systems, underground pipes, various types of water control structure s and any and all manner of public and private utility facilities over, under, upon and across the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said land and to place and/or excavate materials for the purpose of constructing, operating, and maintaining roadway, sidewalk, drainage and utility facilities thereon. “Utility facilities” includes public as well as private utilities, such as electric, telephone and cable television, but only if such facilities have Collier County’s consent and proper authorization. This easement includes the right to remove and use any and all excavated material. The parties record that Grantor has received full compensat ion for all improvements located within the easement area, including, but not limited to, ____________. The easement granted herein shall constitute an easement running with the land and shall burden the lands described above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. WITNESSES: _____ _____________ __________________________ Witness (Signature) _____________________________ (Print Name) _____________________________ 16.A.16.a Packet Pg. 1205 Attachment: Developer Agreement Halstatt 6-2-2020 Signed (12534 : Poinciana Prof Park) Last Revised: 06/23/15 Witness (Signature) _____________________________ (Print Name) _____________________________ _______________________________ Witness (Signature) _____________________________ (Print Name) _____________________________ Witness (Signature) _____________________________ (Print Name) STATE OF _________________ COUNTY OF _______________ The foregoing Road Right-of-Way, Drainage and Utility Easement was acknowledged before me by means of physical presence or online notarization this _____ day of ___________, 20____, by ___________________________, who: _____ is personally known to me OR _____ produced __________________________________________as proof of identity. (affix notarial seal) __________________________________ (Signature of Notary Public) __________________________________ (Print Name of Notary Public) Serial / Commission # (if any):__________ My Commission Expires: ______________ Approved as to form and legality: Assistant County Attorney 16.A.16.a Packet Pg. 1206 Attachment: Developer Agreement Halstatt 6-2-2020 Signed (12534 : Poinciana Prof Park) EXHIBIT "3" Project Total Unit Quantity Unit Cost CC Total Cost Quantity Unit Cost PPP Total Cost Cost 101-1 Mobilization LS 1 16,800.00$ $16,800.00 1 $43,200.00 $43,200.00 $60,000.00 101-1-2 Provide Construction Surveying and Layout LS 1 1,750.00$ $1,750.00 1 $4,500.00 $4,500.00 $6,250.00 102-1 Maintenance of Traffic LS 1 23,800.00$ $23,800.00 1 $61,200.00 $61,200.00 $85,000.00 104-10-3 Erosion Control LS 1 1,400.00$ $1,400.00 1 $3,600.00 $3,600.00 $5,000.00 110-1-1 Clearing and Grubbing-Demolition LS 1 7,000.00$ $7,000.00 1 $18,000.00 $18,000.00 $25,000.00 120-1 Regular Excavation LS 1 9,800.00$ $9,800.00 1 $25,200.00 $25,200.00 $35,000.00 120-6 Embankment LS 1 840.00$ $840.00 1 $2,160.00 $2,160.00 $3,000.00 160-4 Type "B" Stablization (LBR 40) 12" SY 883 9.50$ $8,388.50 780 $9.50 $7,410.00 $15,798.50 285-709 Optional Base Group 9 (10" Limerock) SY 883 48.00$ $42,384.00 780 $48.00 $37,440.00 $79,824.00 327-70 Milling Existing Asphalt Pavement (1 1/2" Avg Dept SY 0 3.00$ $0.00 3775 $3.00 $11,325.00 $11,325.00 334-1-SP Superpave Asphalt Concrete (3" Thick) TN 122 135.00$ $16,470.00 751 $135.00 $101,385.00 $117,855.00 337-7-FC Asphalt Concrete Friction Course (1 1/2"Thick) TN 62 138.00$ $8,556.00 376 $138.00 $51,888.00 $60,444.00 425-1-P6 Inlet (Curb Type P6) ( <10') EA 0 6,000.00$ $0.00 2 $6,000.00 $12,000.00 $12,000.00 425-1-451 Inlet (Curb Type J5) ( <10') EA 0 4,500.00$ $0.00 0 $4,500.00 $0.00 $0.00 425-1-461 Inlet (Curb Type J6) ( <10') EA 0 8,500.00$ $0.00 0 $8,500.00 $0.00 $0.00 430-175-118 Pipe Culvert (Class III Concrete) (Storm) (Round) 18" LF 0 85.00$ $0.00 16 $85.00 $1,360.00 $1,360.00 430-175-124 Pipe Culvert (Class III Concrete) (Storm) (Round) 24" LF 0 105.00$ $0.00 0 $105.00 $0.00 $0.00 520--1-10 Concrete Curb and Gutter, Type F LF 600 20.00$ $12,000.00 2145 $20.00 $42,900.00 $54,900.00 522-2 Concrete Sidewalk (6" Thick) SY 0 60.00$ $0.00 544 $60.00 $32,640.00 $32,640.00 0 -$ $0.00 0 $0.00 $0.00 $0.00 Utilities Utility Adjustments - Overhead Electric - CATV LS 0 -$ $0.00 1 $50,000.00 $50,000.00 $50,000.00 Signing and Pavement Marking Signing and Pavement Markings LS 1 5,040.00$ $5,040.00 1 $12,960.00 $12,960.00 $18,000.00 Signal/Lighting Lighting Modifications LS 0 -$ $0.00 1 $10,000.00 $10,000.00 $10,000.00 Landscape Landscape and Irrigation LS 1 14,000.00$ $14,000.00 1 $36,000.00 $36,000.00 $50,000.00 Roadway Sub Total $168,228.50 $565,168.00 $733,396.50 Roadway Allowance $25,234.28 $84,775.20 $110,009.48 Roadway Total $193,462.78 $649,943.20 $843,405.98 Design and Permitting 1 $15,400.00 $15,400.00 1 $39,600.00 $39,600.00 $55,000.00 CEI 1 $15,400.00 $15,400.00 1 $39,600.00 $39,600.00 $55,000.00 Professional Services Total $30,800.00 $79,200.00 $110,000.00 Project Total $224,262.78 $729,143.20 $953,405.98 Poinciana Professional Park ResponsibilityCollier County RespsonsibilityDescriptionPay Item No. CC and PPP Joint Project--CC 600 ft NB Left and PPP NB Left 1 of 1 2/5/202016.A.16.aPacket Pg. 1207Attachment: Developer Agreement Halstatt 6-2-2020 Signed (12534 : Poinciana Prof Park) March 22, 2019 Norman J. Trebilcock, AICP, PE Trebilcock Consulting Solutions, PA 2800 Davis Boulevard, Suite 200 Naples FL 34104 RE: Right of Way Application No. PRROW20180427224 Poinciana Professional Park – SW Corner Airport Puling Road & Golden Gate Parkway Dear Applicant: Please be advised that the above referenced application has been DENIED pursuant to your response letter dated February 25, 2019. County staff reviewed the resubmittal package provided by Trebilcock Consulting Solutions and has not been able to resolve the outstanding comments; therefore, per the Collier County ROW Handbook, this correspondence shall serve as your notice of denial for ROW permit application PRROW20180427224. The reason for the denial is that under ROW Handbook Section III. A. 1. B. (1) Turn Lanes in the median that serve the public shall take precedence over turn lanes serving privately owned development. The proposed turn lane is within the area of influence of the interchange at Golden Gate Parkway (GGP) and Airport Road. There are two existing northbound left turn lanes approaching GGP that serve the public. The proposed turn lane serving Poinciana Professional Park is too close to these existing turn lanes restricting the ability for future extension of them. County transportation staff has documented that they require this additional median area for future extension of the existing turn lanes. Extension of these turn lanes will provide added capacity for the public that turn left onto Golden Gate Parkway. For informational purposes the following comments will be retained within the denied permit application. Correction Comment 1: Staff is unable to approve the request for a new median opening along Airport Pulling Road, south of Golden Gate Parkway pursuant to Collier County Access Management Policy 3.05. The connection and median open spacing standards specified in this policy may not be adequate in some cases. Greater distances between connections and median opening may be required by the Permitting Authority to provide sufficient location specific traffic operations and safety requirements. In such instances, the Permitting Authority shall document, as part of the response to an application submitted pursuant to this Policy, a justification based on traffic engineering principles, as to why such greater distances are required. Please see the following document on the CityView Portal Documents and Images Tab for this permit: Airport @ GG Pkwy NBLT 1-16-18 1642 PRROW20180427224.bmp 16.A.16.b Packet Pg. 1208 Attachment: Poinciana Professional Park ROW Permit Denial Letter 032219 (12534 : Poinciana Prof Park) Correction Comment 2: Comment 1 from Matt McLean’s September 12, 2018 email, The Access Management Policy Resolution 13-257 establishes policy for access to arterial and collector roadways including the indication that access points must be planned and controlled so that the safety, capacity and operating conditions of the roadways will not be adversely impacted. Per the ROW Handbook Section III.A.1.b(1), under Multi-lane Divided Roadways, turn lanes in the median that serve the public shall take precedence over turn lanes serving privately owned developments. (i.e., if a median opening/turn lane for a private development precludes the installation or lengthening of a turn lane benefiting the public, the turn lane serving the private entity may be required to be reduced or removed at the expense of the beneficiary). Comment remains outstanding, November 7, 2018, pursuant to Access Management Policy 13-257, sections 3.10, 3.10.1, and 3.10.2. Please expand the extent of the plans to include the intersection of Golden Gate Parkway and Airport Road. Please include all median openings within 1/2 mile each direction from the proposed access point pursuant to ROW Handbook Section III.D.1.c(2). The distances from the intersection and taper shall be labeled on the plans. Correction Comment 3: Comment 2 from Matt McLean’s September 12, 2018 email, The proposed left turn lane on Airport Rd into Poinciana Professional Park driveway is in the area influence of the interchange at Golden Gate Parkway (GGP). The proposed left turn lane is too close to the existing northbound dual left turn lanes approaching GGP. County Growth Management staff are very concerned with safety and operations if such a left lane were constructed. Drivers may be entering this lane by mistake, thinking that it would take them to GGP; whereby they then may try to get back to the main line to proceed to the proper left turn lanes creating unnecessary additional conflict points. The proposed left turn lane will add additional conflict points that currently do not exist today (FDOT Median Handbook 2014). Comment remains outstanding, November 7, 2018, Although the number of vehicles that will go through the Golden Gate Parkway intersection may be reduced with the proposed left turn lane, the conflict points are merely being shifted to the proposed left turn lane. In addition, the u-turn north of GGP that was meant for access to the site is not being proposed to be closed, therefore increasing the number of overall conflict points. The additional turn lane length proposed does not assist in avoiding entry confusion but rather provides additional storage for turning vehicles. The “Poinciana Professional Center Next Left” sign is considered commercial use of the right-of-way. Additionally, the proposed sign does not meet the Advance Street Sign Guidelines: June 2012. The sign shall be removed from the plans. Correction Comment 4: Comment 3 from Matt McLean’s September 12, 2018 email, This interchange at Airport Rd and GGP is congested and backs up on a regular basis during peak hours. In the near future, the County will need that space in the median to extend the existing northbound left turns to provide added capacity for traffic turning left onto Golden Gate Parkway. The County Safety and Capacity team has identified the need to extend these existing northbound left lanes to the south. The project is currently unfunded, and under review for by the team for ranking. Comment remains outstanding, November 7, 2018, The AUIR is a link analysis and does not focus on intersection impacts. The proposed left turn lane is within AUIR link #4.0, which extends from GGP to Radio Road. The proposed turn lane will hinder future improvements to extend the GGP turn lane. Correction Comment 5: Comment 4 from Matt McLean’s September 12, 2018 email, Due to the limited space available, during the original design of the interchange, a U- Turn lane just north of the overpass was provided to accommodate the Poinciana Professional Park left turning traffic. Comment remains outstanding, November 7, 2018, the proposed turn lane is adding conflict points at a new location due to the close proximity of the GGP off-ramp. Additionally, the existing Airport Rd driveway access will need to be modified and will create a non-standard and complex vehicular 16.A.16.b Packet Pg. 1209 Attachment: Poinciana Professional Park ROW Permit Denial Letter 032219 (12534 : Poinciana Prof Park) movement into the site. The modified driveway will create two connections to a single frontage, which is prohibited per the Access Management Policy resolution 13-257, Section 3.09.2.1. Informational comment, please provide confirmation from SFWMD for any associated Correction Comment 8: Comment 7 from Matt McLean’s September 12, 2018 email, Per ROW handbook Section III. C. 1. B. driveways shall be positioned to intersect as nearly as possible at right angles to the roadway. The existing condition meets these criteria. The proposed turn lane design on Airport road significantly impacts this ability - creating additional conflict points. Comment remains outstanding, November 7, 2018, the resubmittal does not address the right-angle comment. The driveway angle appears to be 45 degrees which is half of the requirement. Correction Comment 10: The proposed improvements will impact approximately 400 feet or more of Collier County Landscape and Irrigation. Detailed landscape and irrigation plans shall be submitted for the relocation and modifications to the existing infrastructure. The irrigation main located under the median feed additional medians to the north. Existing landscape shall be relocated through coordination with Road Maintenance Landscape Section and landscape that cannot be relocated shall result in a fee in lieu. Please see the Collier County Landscape and Irrigation Specifications Handbook for details on landscape plan preparation. The plans shall be prepared signed and sealed by a Florida Registered Landscape Architect. Additional review of landscape plans will be required upon submittal. Correction Comment 11: Please be advised that Collier County may request that this median opening be closed at a future date. When notified, the closure of the median and driveway restoration to pre- construction conditions will be required to be completed at the owner/applicant’s expense. Correction Comment 12: Compensating ROW shall be provided for the proposed turn lane improvements pursuant to ROW Handbook Section III.A. This decision may be appealed in accordance with Collier County Code of Laws and Ordinances, Chapter 110, Section 110-31 (e). Sincerely, Development Review Division Growth Management Department 2800 N. Horseshoe Drive Naples, FL 34104 239-252-2400 16.A.16.b Packet Pg. 1210 Attachment: Poinciana Professional Park ROW Permit Denial Letter 032219 (12534 : Poinciana Prof Park)