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Agenda 11/14/2000 RCOLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, November 14, 2000 9:00 a.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99 -22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS ". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (941) 774 -8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION — Reverend Mary Anne Dorner, Church of the Resurrection 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDAS A. APPROVAL OF CONSENT AGENDA. B. APPROVAL OF SUMMARY AGENDA. C. APPROVAL OF REGULAR AGENDA. I November 14, 2000 4. APPROVAL OF MINUTES A. October 10, 2000 — Regular Meeting 5. PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS 1) Proclamation designating November 2000 as "National Epilepsy Awareness Month ". Proclamation to be mailed to the Committee for Epilepsy Awareness. 2) Proclamation designating November 19 through November 25, 2000 as "Farm City Week" to be accepted by Mr. David Santee, Chairman of the Farm City Week Committee. 3) Proclamation designating November 2000 as "Collier County Adoption Month ". To be accepted by Theresa Iamurri, Debbie Allen and Daneille D. Stewart. B. SERVICE AWARDS Five Year Attendees: 1) Janice Wolfe, Planning Services — 5 Years 2) June Dunfee, Domestic Animal Services — 5 Years 3) Daniel Craig, Parks and Recreation — 5 Years 10 Year Attendees: 4) Joan Young, Utility Finance Operations— 10 Years 5) Paul Weber, EMS— 10 Years 6) Richard Roll, Planning Services— 10 Years 7) Teresa Riesen, Solid Waste Collections and Special Assessments — 10 Years 15 Year Attendee: 8) Jorge Aguilera, EMS — 15 Years 20 Year Attendee: 9) Gregory Soto, Transportation/Road & Bridge — 20 Years 2 November 14, 2000 C. PRESENTATIONS 1) Recommendation to recognize At Arcia, Maintenance Worker II, Parks and Recreation Department, as Employee of the Month for November 2000. 6. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. 7. PUBLIC PETITIONS 8. COUNTY MANAGER'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Petition ST -99 -3 Coastal Engineering representing Keystone Homes requesting a special treatment permit to allow construction of residential single family lots, streets and associated infrastructure on a portion of the property with a Special Treatment (ST) overlay (ST Parcel 23A) located within the proposed Little Palm Island subdivision in Section 23, Township 48 South, Range 25 East, Collier County, Florida. 2) Reconsideration pursuant to Ordinance No. 81 -54 of a request to submit alternative road impact fee calculations for Bay Colony, Pelican Marsh and Tiburon golf courses. 3) Reconsideration pursuant to Ordinance No. 81 -54 of a request to submit an alternative road impact fee calculation for two nine hole golf courses at Grey Oaks. 4) Reconsideration pursuant to Ordinance No. 81 -54 of a request to submit an alternative road impact fee calculation for The Valencia at Orangetree Golf Course. 5) Reconsideration pursuant to Ordinance No. 81 -54 of a request to submit an alternative road impact fee calculation for Vanderbilt Country Club, 6) Reconsideration pursuant to Ordinance No. 81 -54 of a request to submit an alternative road impact fee calculation for Naples Heritage Golf and Country Club. 7) Reconsideration pursuant to Ordinance No. 81 -54 of a request to submit an alternative road impact fee calculation for the golf course at The Strand. 8) Reconsideration pursuant to Ordinance No. 81 -54 of a request to submit an alternative road impact fee calculation for Naples Grande Golf Course. 9) Reconsideration pursuant to Ordinance No. 81 -54 of a request to submit an alternative road impact fee calculation for Golf Club of the Everglades. 10) Reconsideration pursuant to Ordinance No. 81 -54 of a request to submit an alternative road impact fee calculation for :Naples Lakes Country Club. November 14, 2000 11) Reconsideration pursuant to Ordinance No. 81 -54 of a request to submit an alternative road impact fee calculation for Cedar Hammock Country Club. 12) Reconsideration pursuant to Ordinance No. 81 -54 of a request to submit an alternative road impact fee calculation for Old Collier Golf Club. B. TRANSPORTATION SERVICES C. PUBLIC UTILITIES D. PUBLIC SERVICES 1) Report to the Board Regarding a Proposed Joint Permit Application for Construction of a Private Membership Beach Club and Public Beach Access Facilities at Barefoot Beach Preserve. E. SUPPORT SERVICES F. EMERGENCY SERVICES G. COUNTY MANAGER 1) Approval of revised Budget Amendment Policy. H. AIRPORT AUTHORITY 4 November 14, 2000 9. COUNTY ATTORNEY'S REPORT A. Closed Attorney - Client Session for discussion of settlement negotiations and /or strategy related to litigation expenditures of the pending litigation case of BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, v. COASTAL ENGINEERING CONSULTANTS, INC., a Florida corporation, MICHAEL F. STEPHEN, Ph.D., an individual, MICHAEL T. POFF, P.E., an individual, CONTINENTAL CASUALTY COMPANY, an Illinois corporation authorized to do business in the State of Florida, T.L. JAMES & CO., a Louisiana corporation authorized to do business in the State of Florida, HIGHLANDS INSURANCE COMPANY, a Texas corporation authorized to do business in the State of Florida, Case No. 00- 1901 -CA -THB, pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida. Persons in attendance will be the Board of County Commissioners, County Manager Thomas W. 011iff, County Attorney David C. Weigel, Assistant County Attorney William E. Mountford, and outside counsel Steven M. Siegfried of Siegfried, Rivera, Lener, De La Torre & Sobel, P.A. (Item to be heard at 2:00 p.m. or at the conclusion of the regular meeting agenda, whichever occurs later.) B. Board direction regarding settlement negotiations and strategy related to litigation expenditures including budget amendment for outside counsel expenditures in the Case OF BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, v. COASTAL ENGINEERING CONSULTANTS, INC., a Florida corporation, MICHAEL F. STEPHEN, Ph.D., an individual, MICHAEL T. POFF, P.E., an individual, CONTINENTAL CASUALTY COMPANY, an Illinois corporation authorized to do business in the State of Florida, T.L. JAMES & CO., a Louisiana corporation authorized to do business in the State of Florida, HIGHLANDS INSURANCE COMPANY, a Texas corporation authorized to do business in the State of Florida Case No. 00- 1901 -CA -THB, pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida. (Companion item to Item 9A, to be heard immediately after Item 9A.) C. Report on status and settlement negotiations in Collier County v. Marshall, et at., Case No. 99- 2009- CA -TB, pending in the Twentieth Judicial Circuit Court, (prescriptive easement claim for Miller Boulevard Extension) and request for Board direction. D. Report following mediation in Bernstein v Collier County, Case No. 00- 14229GG, now pending in the Eleventh Circuit Court of Appeals, and request for Board direction. E. Notice of closed attorney - client sessions BCC v. Coastal Eningeering. 10. BOARD OF COUNTY A. Appointment of member to the Black Affairs Advisory Board. B. Discussion regarding whether or not the Board of County Commissioners should revisit the commitment of TDC funds to the Wilkinson House project. (Commissioner Carter) C. Appointment of member to the Collier County Planning Commission. November 14, 2000 D. Appointment of members to the Immokalee Beautification MSTU Advisory Committee. E. Appointment of members to the Hispanic Affairs Advisory Board. F. Appointment of member to the Development Services Advisory Committee. G. Board consideration for adoption of the County Attorney FY2000 Action Plan and Employment Agreement evaluation for 1998/99 and 1999/2000. 11. OTHER ITEMS A. OTHER CONSTITUTIONAL OFFICERS B. COMMUNITY REDEVELOPMENT AGENCY C. PUBLIC COMMENT ON GENERAL TOPICS — PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS 1) Petition PUD- 00 -13, William Hoover of Hoover Planning and Development, Inc., representing Mr. Warren Raymond, Centrefund Development Corporation, requesting a rezone from "E" Estates to "PUD° Planned Unit Development to be known as Wilson Boulevard Center PUD allowing for 42,000 square feet of commercial retail and office land uses for property located on the southeast quadrant of the intersection of Golden Gate Boulevard and Wilson Boulevard, in Section 10, Township 49 South, Range 27 East, Collier County, Florida, consisting of 7.15 acres more or less. 2) THIS ITEM WAS CONTINUED FROM THE OCTOBER 24, 2000 MEETING. Petition PUD- 99 -20, representing Brynwood Preserve, Inc., requesting a rezone from "A" Agricultural to "Pill)" Planned Unit Development to be known as Brynwood Preserve PUD allowing for 160 mixed residential dwelling units for property located on the east side of Livingston Road (C.R. 881) and approximately one quarter mile south of Pine Ridge Road (C.R. 896), in Section 18, Township 49 South, Range 25 East, Collier County, Florida, consisting of 29.26 acres more or less. 3) THIS ITEM WAS CONTINUED FROM THE OCTOBER 24, 2000 MEETING. PUD -97- 18(1), Karen K. Bishop of PMS Inc. of Naples, representing Vanderbilt Partners II, Ltd., requesting a rezone from "PUD" to "PUD" Planned Unit Development and "RMF -12 ST (3)" and "RMF -6 ST (3)" to "PUD" Planned Unit Development known as The Dunes PUD 6 November 14, 2000 for the purpose of amending Ordinance No. 98 -24 and having the effect of increasing the acreage from 88.55 +1 increasing residential dwelling units from 531 to a maximum of 704, decreasing gross density from 6 dwelling units per acre to 3.73 dwelling units per acre, showing a change in property ownership, increasing building height to 150 feet adding restaurants and similar uses as accessory uses, increasing open space from 53 acres to 166 acres, for property located on the Northwest Corner of Bluebill Avenue (C.R. 846) and Vanderbilt Drive (C.R. 901), in Section 20, Township 48 South, Range 25 East, Collier county, Florida, consisting of 188.55+ acres. C. OTHER 1) Recommendation that the Board of County Commissioners adopt by ordinance the Immokalee Urban Infill and Redevelopment Plan for the purposes of the Urban InBil and Redevelopment Assistance Grant Program and authorize the Chairman to sign the memorandum of understanding with the School Board and to sign the Planning Grant Application. 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS B. OTHER 14. STAFF'S COMMUNICATIONS 15. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS 7 November 14, 2000 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) THIS ITEM WAS CONTINUED FROM THE OCTOBER 24, 2000 MEETING. Authorize staff to approve Agreement with Lewis and Associates to provide auditing services of MediaOne and AOL/Time Warner Cable Television Franchise Fees. 2) Authorize the creation of one full -time loan processor position in lieu of two already approved part -time loan processor positions. 3) Approve a resolution that authorizes the County Manager, or his designee, to apply for a $750,000 Economic Development Grant that is offered through the Florida Department of Community Affairs. 4) This item has been deleted. 5) Approve a Budget Amendment for two expanded positions in Planning Services Electronic Data Management System. 6) Lien Resolutions- Code Enforcement Case Numbers: 2000020249/Wisnewski, Leonard; 2000040560 /Casteel, Rose; 2000051062/1-ake Est., Leon; 2000060107/Ramirez, Alfredo.uyiy 7) Lien Resolutions -Code Enforcement Case Numbers: 1999101030 /Goodman, 1999101028 /Goodman, 1999080426Blaanco, 1999080425Blanco, 1999110687Boll. 8) Lien Resolutions -Code Enforcement Case Numbers: 1999091649/Miralles; 1999090654/Moses;1999100654 /Jimenez & Arreguin;1999060368 /Johnson; 1999120665/Wooten. 9) Lien Resolutions -Code Enforcement Case Numbers: 1999101039 /Goodman; 1999101024 /Goodman; 1999101023 /Goodman; 1999101019 /Goodman; 1999101034 /Goodman. 10) Lien Resolutions -Code Enforcement Case Numbers: 1999090955 /Hodges Est. James M., Evelyn L., Boyd; 90125046/EMC Holdings Inc., 1999071277/Pelc, Edward; 1999061277 /Roccolzzo. 8 November 14, 2000 11) Lien Resolutions -Code Enforcement Case Numbers: LaRue /81201066; LaRue /l 999090714; Mortilus /1999091653; Avial /1999110125; Marant Homes Inc./1999090554. 12) Lien Resolutions -Code Enforcement Case Numbers: 1999070957 /Goodman; 1999070956 /Goodman; 1999070955 /Goodman; 1999101014 /Goodman; 1999101013 /Goodman. 13) Lien Resolutions -Code Enforcement Case Numbers: 2000031283/Torres; 2000050551/Port Bougain LTD; 2000040514 /Carvajal; 2000040531 [Daniels; 1999040944/Asbell TR. 14) Request to approve for recording the final Plat of "Joe Criss Subdivision ". 15) Request to approve for recording the final Plat of "Ibis Cove, Phase One" and approval of the Standard Form Construction and Maintenance Agreement and Performance Security. 16) Request to approve a Termination of Restrictive Covenants between the Board of County Commissioners and Ridgeport Limited Partnership, and CRF Airport Pad Limited Partnership, as successor to Ridgeport Limited Partnership. 17) Request to approve for recording the final plat of "Barefoot Bay ", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. 18) Request to approve for recording the final plat of "Island Walk Phase One, A ". 19) Adopt resolution opposing Florida's Communications Services Tax Simplification Act and possible amendments thereto, except those that promote the interests of Collier County. 20) Authorization to award Bid #00 -3162 "Consultant Services for Consolidated Plan ". 21) Approve a budget amendment to appropriate funds for legal services related to the Growth Management plan. 22) Forward a letter to the Census Bureau requesting a post- census local review and re- opening of Florida's call center. 23) Request to approve an Encroachment Agreement with WCI Communities, Inc. for structures within a Pelican Bay Improvement District Drainage Easement, (now a Collier County drainage easement.) B. TRANSPORTATION SERVICES 1) Award Construction Engineering Inspection Services Contract to Consul -Tech Engineering, Inc. for the widening of Airport - Pulling Road, Collier County, Project No. 62031, CIE No.55, RFP #00 -3081. 9 November 14, 2000 2) Approve Amendment to contract 00 -3054 with Better Roads, Inc. for the widening of Pine Ridge Road from Airport - Pulling Road to Logan Boulevard, Project No.60111, CIE #41 to hold harmless for county requested time extension relative to the incentive bonus. 3) Approve amendment to contract 99 -2992 with APAC- Florida, Inc. for the widening of Immokalee Road from I -75 to Collier Boulevard (CR -951), Project No. 69101, CIE #8 to hold them harmless for County request time extension relative to the incentive bonus. 4) Adopt a resolution authorizing the acquisition by gift non - exclusive, perpetual sidewalk, drainage, slope, maintenance and temporary construction interests by easement for the Immokalee Road sidewalk project between John Michael Road and C.R. 951, CIE Nob. 5) Approve change order number 3 with Better Roads Inc., for additional construction services for the widening of Pine Ridge Road from (Airport - Pulling Road to Logan Blvd.) Project No. 60111, CIE #4. 6) Approve a developer contribution agreement and accept a grant of easement from The Ocean Boulevard Partnership and The Ocean Boulevard Partnership II. 7) Approve a developer contribution agreement and accept the plat dedication from Creekside West, Inc. 8) "Recommendation that the Board of County Commissioners authorize the Extension of the contract for Management Services for the Pelican Bay Services Division ". 9) Request Board Direction to proceed with the beautification of Livingston Road from Radio Road to the Lee County Line. 10) Request for speed limit reduction from 30 miles per hour (30MPH) to twenty -live miles per hour (25MPH) on 10th Avenue South West from 1,090 feet West on NAPA Boulevard to Logan Boulevard. 11) Approve a developer contribution agreement and accept a special warranty deed and temporary driveway restoration easement from the Halstatt Partnership. 12) Waive the requirement for competition an approve the purchase of steel benches and receptacles from Swartz Associates and Increase purchase from Spencer Fabrications for the Bayshore Municipal services taxing unit (MSTU) beautification Project. 13) Adopt a resolution authorizing the acquisition of land by gift or purchase of fee simple title interests and /or perpetual, non - exclusive road right -of -way, sidewalk, utility, drainage, slope and maintenance interests by easement for the construction of roadway improvements for the Whippoorwill Land Project between Pine Ridge Road to a point one mile south, being the intersection of the future east /west connector road connecting to Livingston road (Phase 1). 14) Adopt a resolution authorizing the acquisition of land by condemnation of fee simple title interests and /or perpetual, non - exclusive road right -of -way, sidewalk, utility, drainage, slope and maintenance interests by easement for the Whippoorwill Lane Project between Pine Ridge Road to a point one mile south, being the intersection of the future east /west connector road connecting to Livingston Road (Phase 1). 15) A resolution of the Collier County Board of County Commissioners authorizing the execution of that certain joint participation agreement (JPA) with the Florida Department of Transportation. 10 November 14, 2000 C. PUBLIC UTILITIES 1) Certify financial responsibility for North County Regional Water Treatment Facility deep injection well and dual zone monitoring well. 2) Approve Professional Services Agreement with Camp Dresser & McKee, Inc. for engineering services related to a Comprehensive Odor and Corrosion Control Study for the Collier County Sewer System. D. PUBLIC SERVICES 1) Reject the bid Received for Bid No. 00 -3156 and Authorize Readvertisement of Bids for the Production of Beach Compatible Sand. 2) Approve the Reappropriation of Funds for the Purchase of Beach Cleaning Equipment. 3) Approval of a Resolution authorizing Commercial Paper Loan Financing for construction of the North Regional Library. E. SUPPORT SERVICES 1) Award Contract for architectural services for the design of the Development services building addition and parking garage, RFP 900 -3070. 2) Request Board approval to upgrade the digital component of the 800 MHz radio system and to approve a Resolution authorizing commercial paper loan financing. 3) Approve sale of all surplus computers from the PC Replacement Program to Board employees. I November 14, 2000 F. EMERGENCY SERVICES 1) Approval of Statewide Mutual Aid Agreement between Collier County and the Florida Department of Community Affairs. G. COUNTY MANAGER 1) Approval of Budget Amendment Report — Budget Amendment #00 -513; #00 -514; #01 -020; #01 -023 H. AIRPORT AUTHORITY 1. BOARD OF COUNTY COMMISSIONERS J. MISCELLANEOUS CORRESPONDENCE 1) Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services of the Public Defender for Case Nos.: 96- 8504 -MMA, 00- 6429 -MMA, 94-612 - CJA, 99- 8388 -MMA, 96- 10452 -MMA, 00 -5671 -MMA, 00- 6427 -MMA, 97- 1448 -CFA, 97- 1630 -CFA, 97- 4199 -MMA, 97- 6559 -MMA, 95- 8343 -MMA, 97- 1667 -MMA, 97-1783 - MMA, 97- 1331 -CFA, 97- 5306 -MMA, 91- 1053 -TM, 97- 0619 -MMA, 97- 2656 -MMA, 00-5620 - MMA, 00 -5711 -MMA, 00 -5852 -MMA, 00- 4929 -MMA, 00- 6255 -MMA, 00- 5294 -MNIA, 00- 6266 -MMA, RECOMMEND APPROVAL. 2) Miscellaneous items to file for record with action as directed. K. OTHER CONSTITUTIONAL OFFICERS 12 November 14, 2000 1) Recommend that the Board endorse the United States Department of Justice/Department of Treasury Federal Equitable Sharing Annual Certification Report. 2) Request the approval of a budget amendment transferring $250,000 from General Fund Reserves to Capital Improvement Fund 301 for the purchase of telephone and data equipment for Building 3-1. 3) Request that the Board designate Sandi Chernoff of the Collier County Sheriffs Office as Collier County's 911 Coordinator. L. COUNTY ATTORNEY 1) Approve the Stipulated Final Judgment pertaining to the eminent domain lawsuit entitled Collier County v. Pine Ridge Golf Center, Ltd. 2) Approval of the Stipulated Final Judgment relative to the easement acquisition on parcel 318 in the lawsuit entitled Collier County v. Agnaldo Delima, et al., (Golden Gate Boulevard Project). 3) Recommendation that the Board of County Commissioners approve the settlement in McCarron v. Board of County Commissioners, Case No. 99- 555- CA -HDH, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida, pursuant to which the County would pay $22,500 and all claims against the County would be dismissed with prejudice. 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. A. An Ordinance amending Collier County Ordinance No. 80 -80, as amended, the Emergency Medical Services Advisory Council; by amending Section Three, Members, to include an additional member to represent Cleveland Clinic. B. Petition CU- 2000 -13, Pastor Verna Nash representing Bethesda Pentecostal Church requesting a conditional use for a daycare to be located within the existing church building in the "E" Estates Zoning District for a property located on the Northwest corner of Collier Boulevard (951) and 5" 13 November 14, 2000 Avenue SW approximately one half mile north of Pine Ridge Road. This site consists of 2.73 acres. C. Petition V- 2000 -19, Mark and Jennifer Johnson, requesting an 8.4 -foot variance from both required 30 -foot side yard setbacks for accessory structures in order to establish 21.6 -foot side yard setbacks for a tennis court accessory structure for property located at 95 Myrtle Road, further described as Lot 19, Block P, Pine Ridge Extension, in Section 3, Township 49 South, Range 25 East, Collier County, Florida. D. A resolution amending the legal description of Ordinance 99 -84 for a property in Section 14, Township 50 South, Range 26 East to correct a scrivener's error in the legal description. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774 -8383. 14 November 14, 2000 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING NOVEMBER 14, 2000 MOVE: Item 16(A)20 to 8(A)13: Award Bid #00 -3162 "Consultant Services for Consolidated Plan." (Staffs request.) MOVE 16(A)23 to 8(A)14: Request to approve an Encroachment Agreement with WCI Communities, Inc. for structures within a Pelican Bay Improvement District drainage easement (now a Collier County drainage easement). (Staff request.) MOVE: Item 16(8)14 to 8(811: Resolution authorizing the acquisition of land for the Whippoorwill Lane Project between Pine Ridge Road to a point one mile south, being the intersection of the future easttwest connector road connecting to Livingston Road (Phase 1). (Staff request.) PROCLAMATION WHEREAS, Epilepsy, also known as Seizure Disorder, has afflicted mankind since the dawn of our species and has been recognized since the earliest medical writings; and, WHEREAS, as long as 400 B.C., Hippocrates, the Father of Medicine, repudiated ancient beliefs that Epilepsy was a visitation from the gods and sacred or that It was a curse from the gods that people afflicted with this disorder held prophetic powers. Hippocrates believed that Epilepsy was a brain disorder; and, WHEREAS, a seizure Is a sudden, brief attack of altered consciousness, motor activity or sensory phenomena. It Is a sign that certain brain cells (neurons) are discharging an excessive amount of electrical Impulses; and, -• WHEREAS, Epilepsy can be caused by Injury to the brain, lack of oxygen at birth, brain tumor, Infection and brain hemorrhage. In sixty percent of the uses, the cause Is unknown; and, WHEREAS, Epilepsy can affect anyone, at any age and at any time; and, WHEREAS, more than two million Americans are afflicted with some type of Epilepsy. Of this number, 150,000 are Florida residents; and, WHEREAS, with the administr �.,; two thi rds (66.66 %) of those affected w Aftdrugin ad, {i WHEREAS, lack of edu, 14 uted to age old myths, WHEREAS, the WHEREAS, WHEREAS, worse than the workers in job ; end, rty years have test barrier to sen twenty and WHEREAS, Eplleps IIBi%jd„ not be A;'harrier to success. tion to the normal require ucce ski person wh needs a supportive environm I hem an opportunity to become pr NOW THEREFORE, be it pr Commissioners of Collier County, Florida th 'a�+ ated as NATIONAL EPILEPS AWARENESS MONTH In Collier County and urge all residents to seek and learn about this disorder. DONE AND ORDERED THIS 141" Day of November, 2000 BOARD OF COUNTY COMMISSIONERS CO IER COON ,I j — M D. CARTER, Ph. ., CHAIRMANT` -- AGENDA ITEM No. S' Q 1 NOV 14 2000 Pg. f PROCLAMATION WHEREAS, Epilepsy, also known as Seizure Disorder, has afflicted mankind since the dawn of our species and has been recognized since the earliest medical writings; and, WHEREAS, as long as 400 B.C., Hippocrates, the Father of Medicine, repudiated ancient ballets that Epilepsy was a visitation from the gods and sacred or that H was a curse from the gods that people afflicted with this disorder held prophetic powers. Hippocrates believed that Epilepsy was a brain disorder, and, WHEREAS, a seizure Is a sudden, brief attack of altered consciousness, motor activity or sensory phenomena. It Is a sign that certain brain cells (neurons) are discharging an excessive amount of electrical impulses; and, WHEREAS, Epilepsy can be caused by Injury to the brain, lack of oxygen at birth, brain tumor, Infection and brain hemorrhage. In sixty percent of the cases, the cause Is unknown; and, WHEREAS, Epilepsy can affect anyone, at any age and at any time; and, WHEREAS, more than two million Americans are afflicted with some type of Epilepsy. Of this number, 150,000 are Florida residents; and, WHEREAS, with the administr nfi} drugs, two thirds (66.66 %) of those affected w ip} ii4 • and, WHEREAS, lack of a ii 6ise x uted to age old myths, superstiti Ices; a _ WHEREAS, the stl�iated.v;rl :thB'dis rde I as worse than the disord a�y p(1iVind' ` WHEREAS, peopl Mave Epi�ps - di6ke' liabib a co IeOtI'us workers in job �-- tly of ityy lty, �bfa and ee; and, perfo d% produc ', WHEREAS, stud) rI'i;13 '}Qd out to 't)fe= ,L(,Mt� S�i�e over th }thirty years have Indic ed. stir of ,�aU dissblllt s, Ep)lepsy pose � �a greatest barrier to am ptlt ,with OtnptoSm4�! ?�tas,}sstlmated t!; pntween twenty and WHEREAS, Epllep il}IO'illdxnot be ,,+y!harr er to suttees p..jYt},(ition to the normal requlregwtixlof -succe a6 i person w fop giie)SS+ needs a supportive environmen�t and la I -11: xfiem an opportunity to become pro`d'Ad x � ° 'g'�v_' e NOW THEREFORE, be It prkiin �h 7t Commissioners of Collier County, Florida th e a h, Ot}0 ated as NATIONAL EPILEPSY AWARENESS MONTH In Collier County and urge all residents to seek and learn about this disorder. DONE AND ORDERED THIS 14r Day of November, 2000 BOARD OF COUNTY COMMISSIONERS CO LIER CO UN, �— M D. CARTER, Ph. ., CHAIRMAN- -- No Nov 14 2000 PROCLAMATION WHEREAS, Epilepsy, also known as Seizure Disorder, has afflicted mankind since the dawn of our species and has been recognized since the earliest medical writings; and, WHEREAS, as long as 400 B.C., Hippocrates, the Father of Medicine, repudiated ancient beliefs that Epilepsy was a visitation from the gods and sacred or that it was a curse from the gods that people afflicted with this disorder held prophetic powers. Hippocrates believed that Epilepsy was a brain disorder, and, WHEREAS, a seizure Is a sudden, brief attack of altered consciousness, motor activity or sensory phenomena. It Is a sign that certain brain cells (neurons) are discharging an excessive amount of electrical Impulses; and, - WHEREAS, Epilepsy can be caused by injury to the brain, lack of oxygen at birth, brain tumor, infection and brain hemorrhage. In sixty percent of the cases, the cause is unknown; and, WHEREAS, Epilepsy can affect anyone, at any age and at any time, and, WHEREAS, more than two million Americans are afflicted with some type of Epilepsy. Of this number, 150,000 are Florida residents; and, WHEREAS, with the admmistr4l i iZjo drugs, two thirds (66.66 %) of those affected wtW it • and, 4, WHEREAS, lack of edq_ r f�'y" :hc.�uted to age old myths, WHEREAS, the ati A7� idclated with. tbl.s disdrde I$�e 4 as worse than the disord , %nd, "` +' ,(� WHEREAS, peopl ,..7fave EpI -Ni6ke! tpjaablb- co _ us workers in job perfo No :ProducHvl ,tafit {po ra and ce; and, irk WHEREAS, stud) eca d out<fii i)ta f3nit d`Sthtet over th ;?thirty years have indicted �, t of p'ayl disaWlItiesr I�pRepcy posey �u,, reatest barrier to empld tbp with lib htployrtietf `t }es lstimated &Ip , tween twenty and twen Vti�a�trce�i�,tinpL ��" WHEREAS, Epileps s �Lld not be �� rrier to success. tion to the normal require ts3' @f� succe person wjt IIepB�i needs a supportive environm t fid` Ifipto o�'f 111 ' hem an opportunity to become prot�tSpd.LiXil d '. u NOW THEREFORE, be it pr$'t}>i8im r rt b )Ioa�, Commissioners of Collier County, Florida that e 0; ' ated as r,. NATIONAL EPILEPSY AWARENESS MONTH In Collier County and urge all residents to seek and learn about this disorder. DONE AND ORDERED THIS 14" Day of November, 2000 BOARD OF COUNTY COMMISSIONERS CO LIER COUN , I i M D. CARTER, Ph. W.—, CHAIRMAW- -- AGENDA ITEM No. A I Nov 14 1000 Pg. 1 PROCLAMATION WHEREAS, November 19 through November 25 is National Farm City Week a time set aside to recognize and honor the contributions of our Country's agriculturists and to strengthen the bond between urban and rural citizens: and, WHEREAS, in Collier County, the high point of Farm City Week is the annual Farm City Barbecue sponsored through the efforts of Collier County's University Extension Service, Collier County Form Bureau, the Barron Collier Companies, and the Golden Gate, Immokolee, and Naples Area Chambers of Commerce; and, WHEREAS, agriculture is an important element in Collier County's economic machine with total economic activity of over $300 million annually; and, WHEREAS, 22% of Collier County is utilized for agriculture providing vital ecological benefits including habitat for wildiifr,Ap urge area for our aquifer; and, WHEREAS, the Board of Cal ocal agriculture through programs incl sn with the loridn's Cooperative Extension S� WHEREAS, we encou r if tize p'P nlze Ae bns of our local farmers T Y�'thers t ctTnati{)2wui tio`d ppl society. NOW THEREFORE claimed by the &oarr Commi of Collier County, Florida t �behal h{ tiai aiYi en Ilier Coun appreciation and honor is ill of`gt1g County ac4ifurists, a ,ovember 19 through DONE AND ORDERED this BOARD OF • UNTY COMMISSIO COLLIER • •! s Ter -; .. ATTEST: AGENDA ITEM NO. ��_ NOV 14 2000 pg. / r- PROCLAMATION WHEREAS, November 19 through November 25 is National Form City Week; a time set aside to recognize and honor the contributions of our Country's agriculturists and to strengthen the bond between urban and rural citizens; and, WHEREAS, in Collier County, the high point of Farm City Week is the annual Farm City Barbecue sponsored through the efforts of Collier County's University Extension Service, Collier County Form Bureau, the Barron Collier Companies, and the Golden Gate, Immokolee, and Naples Area Chambers of Commerce; and, WHEREAS, agriculture is an important element in Collier County's economic machine with total economic activity of over $300 million annually; and, WHEREAS, 22% of Collier County is utilized for agriculture providing vital ecological benefits including habitat for WHEREAS, the Board of programs inc Extension Ss WHEREAS, we NOW THEREFORE, i Florida honor is DONE AND ORDERED this ATTEST: area for our aquifer; and, agriculture through rida's Cooperative is of our local society. of Collier County, appreciation and vember 19 through BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, D 7 E5 D. C TER, Ph.t,. CH -- AGENDA ITEM No. NOV 14 2000 Pg. I r PROCLAMATION WHEREAS, November 19 through November 25 is National Farm City Week' a time set aside to recognize and honor the contributions of our Country's agriculturists and to strengthen the bond between urban and rural citizens: and, WHEREAS, in Collier County, the high point of Farm City Week is the annual Farm City Barbecue sponsored through the efforts of Collier County's University Extension Service, Collier County Farm Bureau, the Barron Collier Companies, and the Golden Gate, Immokalee, and Naples Area Chambers of Commerce; and, WHEREAS, agriculture is an important element in Collier County's economic machine with total economic activity of over $300 million annually; and, WHEREAS, 22% of Collier County is utilized for agriculture providing vital ecological benefits including habitat for wildlif h; ,urge area for our aquifer; and, WHEREAS, the Board of Col 4¢ A 'aipcal agriculture through programs incl n with the Jnrida's Cooperative Extension S, .1 WHEREAS, we encou o tizen ' fi nl a 'ons of our local farmersihers t� ui dod pp l society. NOW THEREFORE 'cI imec by the BoaN� Commi of Collier County, Florida Jt ehal fhe it( ;In B,, `Ili erCoun t,ioppreciationand honor is #o all os Cburit x rists, aSlovember 19 through DONE AND ORDERED this SIR 5 MEN —R, ATTEST: AGENDA ITEM No. S%»— NOV 14 2000 p8• t PROC6AMATION WHEREAS, every child has the right to grow in a seaur, loving family and adoption is a pasithe way to baild a fai nily,• and, WHEREAS, the Adoption Task Fate of Southwest Fonda, Inc. Is o rol/abanfiue effort of commrmify agencies and lndiviAmIs to orate and maltase cmww ass of adoption: ad, WHEREAS, the Adoption Task Forte of Southwest Fronde, Inc. 'r pupase n to provide rrmures and edaratlon on the carious osprcn of adoption and to pwrmote positive attitudes towards adoption: end, WHEREAS, adoption brings mto /d benefits to Collier Candy msidents that are offeclyd by the adoption process. This includes benefits to birth paenn, adoptim parents and the chlhbrn placed /n adoptive homes, as well as their extended families: and, Wl#REAS, ams Fmpmacy Is a problem In Coiller Canty and adoption is a positive aptioa Met is not always coasid&ffq doe 1a a /oaY of awaroxss and adoration. NOW THEREFORE, be N of that 1. r of Collier County, as ogencies, anon and hoar Ph. D., CHAIRMAN AGENDA ITEM No. x_63- ---- Nov 14 2000 pg •_ I PROCLAMATION Wl#REA5, every child has the Hght to grow in a secure, loving family and adoption is a positive way to hod a fomlly,• and, WHEREAS, the Adoption Task Force of Southwest FkPA*, Inc. is a avliobar eMw effort of community agencies and kdtviduals to create and #arrow owummmm of adoption; and, WHEREAS, the Adoption Task Farce of Southwest Fkrida, Inc. i pvpew is to prov/de ramou ces and edueaHmr an the mrkru aWrcts of adopttoa and to promote posh -im attitudes towards adoptiam; and WHEREAS, adoption brings untold benefits to Collier Cmmty reskkin's that arc affected by the adoption process. This mekdes benefits to birth paonts, adoptive parents mad the chil&w placed k adoptive homes, as wd/ as their extemded families: ad, WHEREAS, crisis prsgeaney h a problem In Collier Cmany and adoptkn is a positive option that is not always consickoWO&P a lack of awareness mid edurntAm AVW 7NEREFORE, be N of F. •., s U r of Collier Cormy, as agencies, ition and hones' ,CHAIRMAN AGENDA ITEM NOV 14 2000 P9• PRO CLAMA rxo WHEREAS, every child has the Mght to grow In a secure, losing famRy and adoption is a positive way to build a family.• a d, WHEREAS, the Adoption Task force of Southwest Florida, Inc. 4 a col%barotive effort of community agencies and ind/vidia /s to create and kKtease owonvreu of adoption: and, WHEREAS, the Adoption Task Force of Southwest Florida, Inv.'s pwyur is to provide resorsres and edWalloa an the various aspects of adoption and to promote positi`e oftitodes fowerds adoption; and WHEREAS, adoption bangs untold henefls to Collier Comfy residents that are affected by the adoption process. This includes benefits to bb-th parents, odopfine parents and the dhikhrn placed in adoptive hares, as we// a: their extended families; and, WHEREAS, crisis pregnancy is a problem /n Calker County and adoption is a positive, option Met is not always eons1dsre.9stw,0 a lack of awareness and education. NOW THEREFORE, be N DONE AND n/rat ' ' hicrri4s t that flu+atgh P�� J 'Y 9oARD OF Ne C • O P. r of Collier Comfy, as aw"Cku 2tion and hoar D., CHAIRMAN AGENDA ITEM No. 543.. NOV 14 2000 pg. I EXECUTIVE SUMMARY RECOMMENDATION TO RECOGNIZE AL ARCIA, MAINTENANCE WORKER II, PARKS AND RECREATION DEPARTMENT, AS EMPLOYEE OF THE MONTH FOR NOVEMBER 2000. OBJECTIVE: The "Employee of the Month" Program is designed to recognize exceptional performance plus uniquely identifiable contributions which produce significant results for the County. CONSIDERATIONS: Al Arcia came to work for the Parks and Recreation Department with an intensive background in turf and plant management. He consistently uses his knowledge and relates his "tricks of the trade" to fellow staff members to not only enhance their personal knowledge, but also to keep Collier County's parklands in optimum condition for all to enjoy. AI has attended the Playground Safety Inspector Training and has also become certified by the National Institute of Playground Safety, making him an important link within Parks and Recreation in meeting goals of having completely safe play structures. Al continues to exceed customer expectations and without hesitation has been selected as Employee of the Month for November 2000. FISCAL IMPACT: "Employee of the Month" selectees receive a $50.00 cash award. Funds for this award are available in the Department Budget Cost Center . RECOMMENDATION: That Al Arcia, Maintenance Worker II, Parks and Recreation Department, be recognized as the "Employee the Month" for Novembe 2000. PREPARED BY: DATE: ICD � Mary-.,o o k, Administrative Secretary, Count Man ger's Office APPROVED BY: DATE: n;zel):pa AGENDAIEM No. 5 G 140V 14 2000 Pg 1 EXECUTIVE SUMMARY PETITION ST -99 -3 COASTAL ENGINEERING REPRESENTING KEYSTONE HOMES REQUESTING A SPECIAL TREATMENT PERMIT TO ALLOW CONSTRUCTION OF RESIDENTIAL SINGLE FAMILY LOTS, STREETS AND ASSOCIATED INFRASTRUCTURE ON A PORTION OF THE PROPERTY WITH A SPECIAL TREATMENT (ST) OVERLAY (ST PARCEL 23A) LOCATED WITHIN THE PROPOSED LITTLE PALM ISLAND SUBDIVISION IN SECTION 23, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: The petitioner requests a Special Treatment Permit to allow impacts to areas within the 20 acre ST, designated as ST Parcel 23A on the zoning overlay (See Exhibits A and B). CONSIDERATIONS: The Petitioner requests a Special Treatment Development Permit, per Section 2.2 24 of the Land Development Code for development in an area with an "ST" overlay. This petition is being presented simultaneously with a request for Preliminary Subdivision Plat approval. Section 2.2?4.63 of the Collier County Land Development Code (CCLDC) states the following: "Final action on the site alteration plan or site development plan lies with the Board of County Commissioners. The Board shall review the proposed site alteration plan or site development plan in regular session and shall act formally by resolution stipulating reasons for approval, or approval with modification, or denial of the site alteration plan or site development plan ". The subject parcel is located east of the Collier's Reserve PUD and South of Imperial Golf Estates, in Section 21, Township 48 South, Range 25 East. Access to the site is proposed via Cypress Way East and Viking Way. The subdivision site consists of approximately 88.67 acres. The petition is consistent with the Collier County Land Development Code and Growth Management Plan - Conservation and Coastal Management Element. In consideration of the above, Staff finds the proposed construction to be consistent with the resolution conditions of Collier County Ordinance No. 91 -102, Division 2.2.24, as amended (ST Development Regulations). FISCAL IMPACT: Approval of this petition would have no fiscal impact on the County. This request would gram i permission to develop an area that is currently zoned for residential development. AGE No../ - 1 NOV 1 4 800 GROWTH MANAGEMENT IMPACT: Future Land Use Element: The subject parcel is designated as Urban —Mixed Use on the Future Land Use map of the Growth Management Plan. The Urban—Mixed Use Land Use Designation is intended to accommodate a variety of residential and non- residential land uses. Therefore, if the Special Treatment Development Permit is approved, the petition shall be consistent with the Future Land Use Element of the Growth Management Plan. Conservation & Coastal Management Element: See pages 2 and 3 of the attached EAC staff report. ENVIRONMENTAL ISSUES: See pages 4 through 6 of the attached EAC staff report. HISTORICAL /ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends approval of ST -99 -3 subject to the stipulations in the attached resolution. EAC RECOMMENDATION: The Environmental Advisory Council heard this petition at its September 6, 2000 meeting. After listening to County staff, the petitioner, and members of the public, a motion was made by Council Member Carlson and seconded by Council Chairman Cornell to approve ST- 99 -03. The vote on the motion was 4 to 1. (Council Member Saunter voted against the motion.) Assistant County Attorney Patrick White explained that a minimum of 5 votes is required to forward an official recommendation. Therefore the EA" `orwarded ST -99 -03 without a recommendation for approval, although the vote was 4 -1 to approve. CCPC RECOMMENDATION: The Collier County Planning Commission reviewed this petition at its September 21, 2000 meeting. After listening to staff, the petitioner and members of the public, a motion was made to approve ST- 99 -03. The motion to recommend approval with staff s stipulations_ was made by Commissioner Budd, seconded by Commissioner Abernathy and passed 5 -0. ak No 2 I NOV 1412000 PREPARED BY: L BARBARA S. BURGESON DATE SR. ENVIRONMENTAL SPECIALIST CURRENT PLANNING SECTION FRED ISCHL. AICP DATE SENIOR PLANNER CURRENT PLANNING SECTION REVIEWED BY: \n J �lSCG 0 ALD F. NINO, AICP, MANAGER DATE CURRENT PLANNING SECTION r ROBERT J. MULHERE, AICP, DIRECTOR DATE PLANNING SERVICES DEPARTMENT APPROVED BY: t, /Ll tiywu� (i3 i E` JOHN K DUNNUCK, III DATE INTER%I COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR Executive summary/ST -99 =3 AGENDA ITEM .-�. NOV ' 4' GOQCI G Item V.A. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF SEPTEMBER 6,200 I. NAME OF PETITIONER/PROJECT: Petition No.: Preliminary Subdivision Plat PSP 2000- 10 / Special Treatment ST -99 -3 Petition Name: Little Palm Island Applicant/Developer: Keystone Custom Homes Engineering Consultant: Coastal Engineering Consultants, Inc. Environmental Consultant: Passarella & Associates, Inc. II. LOCATION: The subject property located between Colliers Reserve PUD and the Palm River Country Club subdi . aion; within Section 21, Township 48 South, Range 25 East, Collier County, Florida. III. DESCRIPTION OF SURROUNDING PROPERTIES: The subject property is completely surrounded by residential/ golf course communities. ZONING N - RSF /GC — Imperial Golf Estates RSF -3 /GC — Palm River RSF -3 /GC — Palm River PUD — Collier Tract 22 Residential and Golf Course Community Single Family Single Family Residential and Golf Course Community AGF W AA I rEM NOV 14 2"""; f U • • 11 EACMeeting ...................................... ............................... ..........................Sept. 6, 2000 ST -99 -3 / PSP- 2000 -10 IV. PROJECT DESCRIPTION: The applicant requests Preliminary Subdivision Plat (PSP) and Special Treatment (ST) Development Permit approval in order to construct a residential subdivision under the subdivision regulations. The Land Development Code authorizes the Planning Services Director to administratively approve PSPs. However, since this proposed development contains land with an "ST" zoning overlay, and an Environmental Impact Statement was required, the EAC is required to hear the petitions. The Planning Commission and the Board of County Commissioners will also hear the ST petition. The petitioner previously applied for a Conditional Use for cluster housing and an ST Development Permit on this same parcel. The EAC and the Planning Commission forwarded the petitions to the BCC with a recommendation of denial. Prior to the BCC hearing, the petitioner continued the petitions. The project was redesigned to include full size RSF -3 lots (the Conditional Use requested a reduced lot size) and to increase the size of the gopher tortoise preserve. The density has been further reduced from 1.8 units per acre to the proposed 1.63 units per acre. The proposed development consists of 141 home sites on 86.67 acres for a density of 1.63 units per acre, less than the maximum density of 3 units per acre permitted in the RSF -3 zoning district. The project retains the required 60% open space. V. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject parcel is designated as Urban—Mixed Use on the Future Land Use map of the Growth Management Plan. The Urban—Mixed Use Land Use Designation is intended to accommodate a variety of residential and non - residential land uses. Therefore, if the Preliminary Subdivision Plat and a Special Treatment Development Permit are approved, the petitions shall be consistent with the Future Land Use Element of the Growth Management Plan. Conservation & Coastal Management Element: Objective 2.2. of the Conservation and T;oasta4 Management Element of the Growth Management Plan states "Ail canals, rivers, and flow ways discharging y... AGENDA ITEM z NOV 14' 2000 U EACMeeting ...................................... ............................... ..........................Sept. 6, 2000 ST -99 -3 / PSP- 2000 -10 into estuaries shall meet all applicable federal, state, or local water quality standards. To accomplish that, policy 2.2.2 states "In order to limit the specific and cumulative impacts of stormwater runoff, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity, and quality of fresh water (discharge) to the estuarine system. This project is consistent with the objectives of policy 2.2.2 in that it attempts to mimic or enhance the quality and quantity of water leaving the site by utilizing lakes and interconnected wetlands to provide water quality retention and peak flow attenuation during storm events. With regards to native vegetation preservation, wildlife issues and wetland issues, the following Goals, Objectives and Policies apply: Objective 6.2 states, "There shall be no unacceptable net loss of viable naturally functioning marine and fresh water wetlands, excluding transitional zone wetlands /mftk which are addressed in Objective 6.3 ". Objective 6.3 states, "A portion of the viable, naturally functioning transitional zone wetlands shall be preserved in any new non - agricultural development unless otherwise mitigated through the DEP and the COE permitting process and approved by the County". Objective 6.4, which requires the appropriate portion of native vegetation be preserved, by providing for on site preservation of 25% of the existing native vegetation. Objective 6.4 states, " A portion of each viable, naturally functioning non - wetland native habitat shall be preserved or retained as appropriate ". Goal 6 of the GM?, protects the gopher tortoise population by providing the appropriate habitat on site and off site to try to ensure the survival of the on site tortoise population. Goal 6 states, "The County shall identify, protect, conserve and appropriately use its native vegetation communities and wildlife habitat'. VI. MAJOR ISSUES: Water Manaeement: The existing site consists of mostly urdeveloped lands with some existir development on the eastern fringe. The existing deveioped portior t cons 3 NOV 1 2000 EACMeeting ...................................... ............................... ..........................Sept. 6, 2000 ST -99 -3; PSP- 2000 -10 two lakes adjacent to the Palm River community and golf course tracts. An existing 40 -foot wide canal runs along the northern boundary. The canal functions as an outfall for the northern portion of the Palm River community. The two existing lakes and canal will not be incorporated into the proposed development's water management system. The completed project will consist of 141 residential lots. The front portion of the lots will runoff to the road via sheet flow, which drains directly to the lake system using a catch basin and pipe network. The rear portion of the lakefront lots will drain directly to the lakes. The rear portion of all other lots will drain into a rear yard swale and catch basin network conveying runoff into the lake system. The lake system will be controlled at elevation 7.0' NGVD and will discharge to the existing canal near the northern boundary. Environmental: Site Description: The project area covers 86.67 acres, and includes 68.77acres of uplands, 10 acres • of wetlands and 7.9 acres of previously created surface waters. The southwestem one half of the site is mostly uplands and consists of a combination of habitat types, which include pine flatwoods, scrub oak, scrubby flatwoods and previously disturbed lands. The uplands, particularly the oak scrub/ scrubby flatwoods on site are high quality gopher tortoise habitat as evidenced by the large number of burrows surveyed by the consultant. A total of 165 active and inactive burrows were located within these areas. See the gopher tortoise survey in the EIS for a map showing the locations and classifications of all identified burrows. The listed plant species noted during the field visits, was wild pine, also identified within the oak scrub /scrubby flatwoods area. Wetlands: The subject property has a Special Treatment (ST) overlay identified on the zoning maps as ST Parcel 23A, covering 20.21 acres. The following language is directly from the Purpose and Intent section for ST overlays, in the Land Development Code. "Within Collier County there are certain areas, which because of their unique • assemblages of flora and/or fauna, their aesthetic appeal, their historical or archaeological significance, rarity in Collier County, or their contributi o 6L4ron ITEM 4 NOV 14 _'9000 EACMeeting ...................................... ............................... ..........................Sept. 6, 2000 ST -99 -3 / PSP- 2000 -10 own and adjacent ecosystems, make them worthy of special regulations. Such regulations are directed toward the conservation, protection, and preservation of ecological and recreational values for the greatest benefit to the people of Collier County. Such areas include, but are not necessarily limited to mangrove and freshwater swamps, barrier islands, hardwood hammocks, xeric scrubs, coastal beaches, estuaries, cypress domes, natural drainage ways, aquifer recharge areas and lands and structures of historical and archaeological significance. The purpose of this overlay district regulation is to assure the preservation and maintenance of these environmental and cultural resources and to encourage the preservation of the intricate ecological relationships within the systems and at the same time permit those types of development which will hold changes to levels determined acceptable by the Board of County Commissioners after public hearing." Exceptions may be granted for ST permit request where the proposed site alteration will not require any modification, with the exception of exotic vegetation removal, of the topography, drainage, flora or fauna on site. The application does not qualify for that administrative review and therefore must be presented to all three County Boards for review and approvals. The boundary of the ST parcel on this proposed Preliminary Subdivision Plat application covers 20.21 acres. Typically the consultant redefines the wetland boundary that is identified as jurisdictional to Collier County and Staff recommends removing all development impacts from that area. The consultant and South Florida Water Management District modified the wetland line and the current jurisdictional boundary encompasses approximately 10 acres, instead of the originally identified 20 acres. A complete description of the wetland area is available in the wetland section of the EIS. Staffs recommendation is to remove or minimize impacts to the ST wetland. The petitioner is proposing to mitigate for the impacts to the wetlands on lots 94 through 98 by providing a high quality, gopher tortoise habitat preserve and creating two other gopher tortoise preserves. Staff supports the owner's efforts to mitigate for the minimal impacts to the fringe wetlands and recommends that the developer be permitted impacts to lots 94 through 98. The petitioner has proposed compensation for the anticipated allowable impacts to the wetlands with enhancement to the remaining 9.1 acres, and by creating gopher tortoise habitats in the 3 acre gopher tortoise relocation" area at the north end of the property and within the .75 acre preserve at the southwest comer of the wetland. The high quality preserve at the west property line with be enhanced and maintained as a gopher tortoise preserve in perpetuity. .. AGENGDA ITEM/ NOV , 4 2000 E • • EACMeeting ...................................... ............................... ..........................Sept. 6, 2000 ST -99 -3 / PSP- 2000 -10 Preservation Requirements: Sixty -nine and a half (69.5) acres of existing native vegetation exists on site. As required by Collier County environmental ordinances, this project is required to retain a minimum of 25% or 17.4 acres of native vegetation or mitigate for that same area per Section 3.9.5.5.4 of the LDC. The plan shows 18.82 acres of native vegetation being preserved in wetland preserves, gopher tortoise preserves and upland native vegetation. The EIS describes 9.1 acres of wetland preserves and 9.7 acres of upland preserves that will be designated for this project. Staffs is recommending that the petitioner be allowed minimal impacts to the wetlands, in lieu of the fact that the site plan was redesigned to provide for the high quality gopher tortoise preserve area, identified along the western property line and the creation of habitat in the other two preserves. The smaller preserve adjacent to the wetland is existing gopher tortoise habitat, which may need some enhancement. Staff is still concerned about the acceptability of creating a gopher tortoise preserve on the 3 -acre parcel north of the canal. This land currently has no suitable habitat for gopher tortoises and will require creating adequate habitat prior to relocating any tortoises into this area. Maintenance of the preserves will be the responsibility of the property owner. Listed Species: Two listed species were observed on site. They are gopher tortoise and common wild pine. There were 165 active and inactive gopher tortoise burrows located and flagged within the scrub oak/ scrubby flatwoods communities on site. The petitioner proposes to obtain an Incidental Take permit from the Florida Fish and Wildlife Conservation Commission, which will provide funds to the State agency for the loss of gopher tortoise habitat. Collier County must protect the species in accordance with the Collier County Land Development Code and Collier County Growth Management Plan, Conservation and Coastal Management Element. They will be required to provide a Relocation/ Management plan for the tortoises they are proposing to relocate or keep in place. Approximately 17 tortoises will be maintained within the three preserves on site. It is their proposal to enhance these areas with appropriate herbacious plant species to serve as additional food sources for the relocated gopher tortoise. The remaining tortoises will be relocated in accordance with the Florida Fish and Wildlife Conservation Commission, to the Bonness mine or quarry. EACMeeting ...................................... ............................... ..........................Sept. 6, 2000 ST -99 -3 / PSP- 2000 -10 VII. RECOMMENDATIONS: Staff recommends approval of Preliminary Subdivision Plat PSP- 2000 -10/ Special Treatment No. 99 -3, "Little Palm Island" with the following stipulations: Water Management: Water Management concerns will be reviewed at time of Site Development Plan Submittal. This project will be permitted by South Florida Water Management District. Environmental: 2 3 13 5. R1 This Subdivision shall be consistent with the environmental sections of the Collier County Growth Management Plan Conservation and Coastal Management Element and the Collier County Land Development Code at the time of final development order approvals. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty -five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approval by Current Planning Environmental Staff. Environmental permitting shall be in accordance with the state of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Staff. Removal of exotic vegetation shall not be the sole mitigation for impacts to Collier County jurisdictional wetlands. Petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to protected wildlife species. Where protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. Prior to Final Subdivision Plat approval, all gopher tortoise preserves shall be identified on the plat with protective covenants. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the play with protective covenants per or similar, o Section 704.06 o TM 42000 \J • • EACMeeting ...................................... ............................... ..........................Sept. 6, 2000 ST -99 -3 / PSP- 2000 -10 Florida Statutes. Buffers shall be provided in accordance with 3.2.8.4.7.3 CCLDC. 7. A Gopher tortoise relocation/management plan shall be submitted for review and approval, prior to final Plan/ Construction Plan submittal, in accordance with Section 3.11 of the CCLDC. The approved language shall be added to the Construction Plans. Off -site relocation may be required if the applicant cannot provide adequate habitat for on -site relocation. 8. An exotic vegetation removal, monitoring, and maintenance (exotic -free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Review Staff for review and approval prior to final site plan/construction plan approval. A schedule for exotic removal within all preservation areas, shall be submitted with the above mentioned plan. PREPARED BY: STAN CHRZANOWSKI, P.E. SENIOR ENGINEER BARBARA S.BURGESON SENIOR ENVIRONMENTAL SPECIALIST REVIEWED BY: FREILP,tiSCHL, AICP SENIOR PLANNER THOMAS E. KUCK, P.E. ENGINEERING REVIEW M kNAGER DATE DATE 26—ZZ—Gr/ DATE AGENDA iTFAM"' _- i Npu ? !+ 2000 /"wk EACMeeting ...................................... ............................... ..........................Sept. 6, 2000 ST -99 -3 / PSP- 2000 -10 RONALD F. NINO, AICP CURRENT PLANNING MANAGER ROBERT T. MULHERE, AICP, DIRECTOR PLANNING SERVICES DEPARTMENT APPROVED BY: DATE DATE -aa VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION NOV ' 'r 2009 O r;� I °I tames; =aye. +' to r` r m 1 Z w N O N' I `lo al /. O ZONE GC PALM RIVER GOLF COURSE J ______________ N�I!CATES SPECIAL. TREATMENT OVERLAY ;EJJDA ITEM . ( ! 2000 ., —� - - - _ - - SUBDIVISION INDEX -^ YQ YN/ P.B. Pp Na AAYC .. PB. P, . 1- Is01 bAl [SHt[S wi ] y - IN 11 - .] 1NW w" [MA= wt ] - f s 17 - J IAW e]att Es LU wt .. - s 1F70 3 E 11 - ] I4Y eMll [51 wl !. 1] ] -1. b ] 17 10 ;EJJDA ITEM . ( ! 2000 ., 1 '-COD. x ■ o ag ti a� O �M1 b� 'N w o 0 � NS � mrc Z O Z J J CL to F z:x W � as O W J 1 t- W 1- O � "f NOV ;`2000 0 MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: SEPTEMBER 18, 2000 SUBJECT: ST -99 -03 (LITTLE PALM ISLAND) PROPERTY OWNERIAGENT: OWNER: Palm River Estates, Inc. 113 Viking Way Naples, FL 34109 CONTRACT PURCHASER: Keystone Custom Homes 9051 Tamiami Trail North, Suite 202 Naples, FL 34108 AGENT: Coastal Engineering Consultants, Inc. 3106 South Horseshoe Drive Naples, FL 34104 REQUESTED ACTION: The applicant requests a Special Treatment Dev °lopment Permit (ST Permit) which will allow= administrative review to continue on a Preliminary Subdivision Plat (PSP): AGENDA ITEW NOV ? 4 2000 „6 R v- s 1 Jill E F z r 0 p y ' W Jill Q i -- ®IGO OOC..9® i j 'ly W,;L 1 hE � 171 • E W� r uM 8� NOV j; -9 2000 14o LOCATION: The subject property is located between Colliers Reserve PUD and the Palm River Estates subdivision; within Section 21, Township 48 South, Range 25 East, Collier County, Florida. The site consists of approximately 86.67 t acres. DESCRIPTION OF PROJECT: The applicant requests Special Treatment (ST) Development Permit approval in order to construct a residential subdivision under the subdivision regulations. The Land Development Code authorizes the Planning Services Director to administratively approve PSPs. However, since this proposed development contains land with an "ST" zoning overlay, and an Environmental Impact Statement was required, the EAC was required to hear both petitions. This ST petition will also be forwarded to the Board of County Commissioners for final review. The petitioner previously applied for a Conditional Use for cluster housing and an ST Permit on this same parcel. The EAC and the Planning Commission forwarded the petitions to the BCC with a recommendation of denial. Prior to the BCC hearing, the petitioner continued the petitions. The project was redesigned to include full size RSF -3 lots (the Conditional Use requested a reduced lot size) and to increase the size of the gopher tortoise preserve. The density has been further reduced from 1.8 units per acre to the proposed 1.63 units per acre. The proposed development consists of 141 home sites on 86.67 acres for a density of 1.63 units per acre, less than the maximum density of 3 units per acre permitted in the RSF -3 zoning district. The project retains the required 60% open space. SURROUNDING LAND USE & ZONING: SUBJECT: Undeveloped land; zoned RSF -3 SURROUNDING: North: Imperial Golf Estates; zoned RSF -3 & GC East: Palm River Estates; zoned RSF -3 & GC South: Palm River Estates; zoned RSF -3 & GC West: Collier's Reserve; zoned PUD GROWTH MANAGEMENT PLAN CONSISTENCY: Future Lind Use Element: The subject parcel is designated as Jrban —Mixed Use on the Future L.nd Use ^TUA A ITEl'A tirowth Management Plan. The Utban Mixed Use Land Use Design;ition is. i endet to 2 NOV 4 2000 ;R:�, 17 accommodate a variety of residential and non - residential land uses. Therefore, if the Special Treatment Development Permit is approved, the petition shall be consistent with the Future Land Use Element of the Growth Management Plan. Conservation & Coastal Management Element: Objective 2.2. of the Conservation and Coastal Management Element of the Growth Management Plan states "All canals, rivers, and flow ways discharging into estuaries shall meet all applicable federal, state, or local water quality standards. To accomplish that, policy 2.2.2 states "In order to limit the specific and cumulative impacts of stormwater runoff, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity, and quality of fresh water (discharge) to the estuarine system. This project is consistent with the objectives of policy 2.2.2 in that it attempts to mimic or enhance the quality and quantity of water leaving the site by utilizing lakes and interconnected wetlands to provide water quality retention and peak flow attenuation during storm events. With regards to native vegetation preservation, wildlife issues and wetland issues, the following Goals. Objectives and Policies apply: Objective 6.2 states, "There shall be no unacceptable net loss of viable naturally functioning marine and fresh water wetlands, excluding transitional zone wetlands which are addressed in Objective 6.3 ". Objective 6.3 states, "A portion of the viable, naturally functioning transitional zone wetlands shall be preserved in any new non - agricultural development unless otherwise mitigated through the DEP and the COE permitting process and approved by the County". Objective 6.4, which requires the appropriate portion of native vegetation be preserved, by providing for on site preservation of 25% of the existing native vegetation. Objective 6.4 states, " A portion of each viable, naturally functioning non - wetland native habitat shall be preserved or retained as appropriate ". Goal 6 of the GMP, protects the gopher tortoise population by providing the appropriate habitat on site and off site to try to ensure the survival of the on site tortoise population. Goal 6 states, "The County shall identify, protect, conserve and appropriately use its native vegetation communities and wildlife habitat". HISTORIC /ARCHAEOLOGICAL IMPACT: - Staff analysis indicates that the petitioner's property is not located within an area of historical and archaeological probability, as referenced on the official Collier County Probability Map. An Historical /Archaeological Survey and Assessment waiver, is not required. _ - AGENDA ITEM NOV ? 4 2000 3 ! i '%._, / 9 STAFF ANALYSIS: The subject property has a Special Treatment (ST) overlay identified on the zoning maps as ST Parcel 23A, covering 20.21 acres. The following language is directly from the Purpose and Intent section for ST overlays, in the Land Development Code. "Within Collier County there are certain areas, which because of their unique assemblages of flora and/or fauna, their aesthetic appeal, their historical or archaeological significance, rarity in Collier County, or their contribution to their own and adjacent ecosystems, make them worthy of special regulations. Such regulations are directed toward the conservation, protection, and preservation of ecological and recreational values for the greatest benefit to the people of Collier County. Such areas include, but are not necessarily limited to mangrove and freshwater swamps, barrier islands, hardwood hammocks, xeric scrubs, coastal beaches, estuaries, cypress domes, natural drainage ways, aquifer recharge areas and lands and structures of historical and archaeological significance. The purpose of this overlay district regulation is to assure the preservation and maintenance of these environmental and cultural resources and to encourage the preservation of the intricate ecological relationships within the systems and at the same time permit those types of development which will hold changes to levels determined acceptable by the Board of County Commissioners after public hearing." Exceptions may be granted for ST permit request where the proposed site alteration will not require any modification, with the exception of exotic vegetation removal, of the topography, drainage, flora or fauna on site. The application does not qualify for that administrative review and therefore must be presented to all three County Boards for review and approvals. The boundary of the ST parcel or: this proposed Preliminary Subdivision Plat application covers 20.21 acres. Typically the consultant redefines the wetland boundary that is identified as jurisdictional to Collier County and Staff recommends removing all development impacts from that area. The consultant and South Florida Water Management District modified the wetland line and the current jurisdictional boundary encompasses approximately 10 acres, instead of the originally identified 20 acres. A complete description of the wetland area is available in the wetland section of the EIS. Staffs recommendation is to remove or minimize impacts to the ST wetland. The petitioner is proposing to mitigate for the impacts to the wetlands on lots 94 through 98 by providing a high quality, gopher tortoise habitat preserve and creating two other gopher tortoise preserves. Staff supports the owner's efforts to mitigate for the minimal impacts to the fringe wetlands and recommends that the developer be permitted impacts to lots 94 through 98. The petitioner has proposed compensation for the anticipated allowable impacts to the wetlands with enhancement to the remaining 9.1 acres, and by creating gopher tortoise habitats in the 3 acre gopher tortoise relocation area at the north end of the property and within the .75 acre preserve at the southwest comer of the wetland. The high quality preserve at the west property line with be enhanced and maintained -as a gopher tortoise preserve in perpetuity. f,*CZF4JA ITT, 9 ro... I144I a NOV 4 2000 -.Pg,f9� PLANNING SERVICES STAFF RECOMMENDATION: Planning Services staff recommends that the Collier County Planning Commission recommend approval of ST -99 -03 to the Board of County Commissioners, subject to the stipulations in the Resolution. EAC RECOMENDATION: The Environmental Advisory Council heard this petition at its September 6, 2000 meeting. After listening to County staff, the petitioner, and members of the public, a motion was made by Council Member Carlson and seconded by Council Chairman Cornell to approve ST- 99 -03. The vote on the motion was 4 to 1. (Council Member Saunter voted against the motion.) Assistant County Attorney Patrick White explained that a minimum of 5 votes are required to forward an official recommendation. Therefore the EAC forwarded ST -99 -03 without a recommendation for approval, although the vote was 4 -1 to approve. PREPARED BY: / )atba4a lj_ g2UAQCa_m, BARBARA S.BURGESON SENIOR ENVIRONMENTAL SPECIALIST F ISCHL, AICP S R PLANNER REVIEWED BY: RONALD F. NINO, AICP CURRENT PLANNING MANAGER ROBE J, MULHERE, AICP PLANNING SERVICES DIRECTOR 9 -/IF-TODD DATE 9 -iS•.f>0 DATE f -W DATE �j'� DATE D BY: VINCENT A. CAUTERO, AICP DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR Petition ST -99 -03 COLLIER COUNTY PL( G COMMISSION: 'RUSSEL4 A. BUDD, CHAI F N 6 O`i y 4 DODO RESOLUTION NO. RELATING TO PETITION NUMBER ST -99 -3 FOR SPECIAL TREATMENT DEVELOPMENT PERMIT TO ALLOW CONSTRUCTION OF RESIDENTIAL SINGLE FAMILY LOTS, STREETS AND ASSOCIATED INFRASTRUCTURE ON A PORTION OF THE PROPERTY WITH A SPECIAL TREATMENT (ST) OVERLAY LOCATED WITHIN THE PROPOSED LITTLE PALM ISLAND SUBDIVISION IN SECTION 23, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes has conferred on Collier County, the power to establish, coordinate and enforce, zoning and such business regulations as necessary for the protection of the public health, safety and welfare; and WHEREAS, the County pursuant therct(., has adopted Ordinance 91 -102 as amended which establishes regulations for the zoning of particular geographic divisions of the County; and WHEREAS, the Collier County Commissioners, being the duly elected constituted board of the area hereby affected, has held a public hearing after due notice as in said regulations made and provided, and has considered the advisability of allowing the construction of residential single family lots, streets and associated infrastructure on a portion of the property having an "ST" overlay, as shown on the attached plans, Exhibits "A" and "B ", and has found as a matter of fact that satisfactory provision and arrangement has been made concerning all applicable matters required by said regulations and is in accordance with Section 2.2.24 of the Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Petition ST -99 -3 filed by Coastal Engineering, Inc., representing Paula Davis, Keystone Custom Homes, with respect to the property more particularly described as the proposed Little Palm Island subdivision, be approved for a Special Treatment Development Permit allowing the construction of residential single family lots, streets and associated infrastructure as shown on he attached plot plan, Exhibit "A ", in an RSF -3 /ST zoning district wherein said property is located, subject to the following conditions: 1) Development within the ST overlay shall be consistent with the - environmental sections of the Collier County Growth Management Plan, - Conservation and Coastal Management Element and the Collier County Land Development Code in effect at the it ne of final development order approval. AGENDA ITEM NOV 2006 2) Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty -five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approval by Current Planning Staff. 3) Environmental permitting shall be in accordance with the state of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Staff. Removal of exotic vegetation shall not be the sole mitigation for impacts to Collier County jurisdictional wetlands. 4) All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Buffers shall be provided in accordance with Subsection 3.2.8.4.7.3 of the Land Development Code. 5) The Petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Fish and Conservation Commission (FFWCC) regarding potential impacts to protected wildlife species. Where protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Staff for review and approval prior to final site plan /construction plan approval 6) A gopher tortoise relocation/management plan shall be submitted for review and approval at the time of Site Development Plan (SDP) or construction plan submittal. The approved language shall be added to the SDP or construction plan. Off -site relocation may be required if the applicant cannot provide adequate habitat for on -site relocation. 7) An exotic vegetation removal, monitoring, and maintenance (exotic -free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Staff for review and approval prior to final site plan/construction plan approval. A schedule for exotic removal within all preservation areas shall be submitted with the above - mentioned plan. 8) Minor revisions to Special Treatment Development Permit No. ST -99 -3, including changes in siting and structures, may be approved, in writing, by the Planning Services Director or his/her designee, as long as such changes do not cause any greater impact to the protected, redefined wetlands than is presently permitted by the issuance of this permit. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number ST -99 -3 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ,2000. ATTEST: DV N IGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency: Marjori! M. Student Assistant County Attome} bsb /ST Resolution 3 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA James D. Carter, Ph.D., Chairman AGENDA is EM ? .. NOV 2000 �� EXECUTIVE SUMMARY RECONSIDERATION PURSUANT TO ORDINANCE NO. 81 -54 OF A REQUEST TO SUBMIT ALTERNATIVE ROAD IMPACT FEE CALCULATIONS FOR BAY COLONY, PELICAN MARSH AND TIBURON GOLF COURSES OBJECTIVE: For the Board of County Commissioners to give staff direction regarding the WCI Communities request to submit alternative road impact fee calculations for the Tiburon, Pelican Marsh and Bay Colony golf courses. CONSIDERATION: The applicable development orders for Bay Colony, Pelican Marsh and Tiburon were issued by the Planning Services Department in October 1995, December 1995 and January 1998, respectively. WCI was notified in March 1998, and later in May 1998, of the requirement to pay impact fees for the subject golf courses. They received a follow -up notice in May 1999. In response to the May 1999 notice. WCI submitted an alternative fee calculation for Tiburon, in the amount of $72.382. which represented a fee adjustment of $231,715.82. The alternative calculation was not presented to the Board. Staff sent WCI a letter in April 2000 explaining in detail the problems with this alternative fee calculation. The developer paid the fees in full, a total of $703.943.76, under protest on May 11, 2000, using impact fee credits. with the intent of subsequently submitting an alternative fee calculation. WCI has stated that the County "s notices prior to the April 2000 letter were not clear and did not specify that impact fees were required for the Bay Colony and Pelican Marsh golf courses as well as for Tiburon. Previous Board Action to Be Reconsidered: On September 12, 2000, the Board denied the petitioner's request for approval to submit an alternative road impact fee calculation. FISCAL IMPACT: The subject road impact fees have been paid in full by the developer, a total of $703,943.76. The fees were paid by way of impact fee credits for Road Impact Fee District 1 (North Naples — Fund 331). Any reduction in the fee would not result in a cash refund, but would be recorded as an adjusting entry in the applicable impact fee credit ledger. GROWTH MANAGEMENT IMPACT: Road impact fees are an important funding source for transportation system capital improvements identified in the Capital Improvement Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners give staff direction regarding the petitioner's request to present alternative fee calculations for the Bay Colony, Pelican Marsh and Tiburon golf courses. AGEJJppD��AIT��EAi E NOV 14 2000 pg. Bay Colon. Pelican Marsh. and Tiburon —Page 2 SUBMITTED BY: Date: Phillip R. Tindall, Impact Fee Coordinator REVIEWED BY: Date: ---a Jude Miller. kevenue Manager J APPROVED BY: �_ .;__ Date: John M. Dunnuck. B1. Interim Administrator Community Development & Environmental Services Division COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION September 2, 2000 Mr. Edward R. Griffith Vice President Watermark Communities, Inc. 24301 Walden Center Drive Bonita Springs, Florida 34134 2800 North Horseshoe Drive Naples, Florida 34104 Phone (941) 403 -2385 Fax(941)403 -2395 VIA FACSIMILE on September 2, 2000 and VIA COURIER on September 5, 2000 RE: Road Impact Fees — Tiburon, Pelican Marsh, and Bay Colony Golf Courses Dear Mr. Griffith: On May 11, 2000, WCI paid, under protest, road impact fees in the amount of $703,943.76 for the three subject golf courses. In your letter dated May 11, 2000 you requested a review hearing before the Board of County Commissioners pursuant to Section 3.07 of the Road Impact Fee Ordinance. The Ordinance requires that the review hearing be held within forty -five (45) calendar days of the date the petitioner files the request. However, in your letter, you expressed a desire to present to the Board alternative impact fee calculations. Since the alternative fee calculations were not near to being completed, the review hearing was not scheduled at that time. Nearly four months have passed since you submitted your request, and it is necessary that we bring this matter to a conclusion, thus, the review hearing for the tl ree erect golf courses will take place at the September 12, 2000 regular Board of County Commissioners meeting. WCI was notified in March 1998, and later in May 1998, of the requirement to pay impact fees. You received a follow -up notice in May 1999. In response to the May 1999 notice, WCI submitted an alternative fee calculation, in the amount of $72,382, for Tiburon. This alternative calculation was not presented to the BCC. I sent you a letter in April 2000 explaining in detail the problems with the alternative fee calculation vis -a -vis the standards of the Ordinance. In the above referenced review hearing, staff will ask the Board to make a determination as to whether WCI is eligible to submit alternative fee calculations at all. The fact that the fees have been paid in full under protest will be taken into account. However, the Ordinance requires that an alternative fee calculation be submitted prior to the issuance of a building permit. The Board must consider the fact that more than two years have elapsed since the original development orders for the subject golf courses, and numerous related building permits have since been issued. Please let me know if I can be of any assistance. I can be reached at 403 -2369. Vincent A. Cautero, AICP, Administrator IR.� 101A . 111 °4_ �_? ___.. Road Impact Fees — Tiburon, Pelican Marsh, and Bay Colony Golf Courses Page 2 Sincerely, Phillip R. Tindall, Impact Fee Coordinator prt/VAC cc: Board of County Commissioners The Honorable Dwight E. Brock, Clerk of the Circuit Court Thomas W. 011iff, County Manager David C. Weigel, Esq., County Attorney Vincent A. Cautero, AICP, Administrtor, Community Development & Environmental Services Division Norm Feder, AICP, Administrator, Transportation Division Ramiro Manalich, Esq, Chief Assistant County Attorney Robert Mulhere, AICP, Director, Planning Services Department Robert Byrne, Director, Internal Audit Department Tom Kuck, P.E., Engineering Review Manager Vivien Hastings, Esq., WCI Judy Miller, Revenue Manager WC11Wa[trmark Ccmmur;Tie n April 21, 2000 M,. Philip R. Tindall Impact fee Coordinator Community Development and Environmental Services Division Collier County Government 2800 North Horseshoe Drive Naples, Florida 34104 VIA FAX 403 -2340 Re: Golf Course Road Impact Fees for Pelican Marsh Dear Mr. Tindall: We have received your letter dated April 21. 2000, regarding the above. It was our original understanding that the scope of the impact fee evaluation would be limited to that part of the Pelcian Marsh Community east of Airport Road, commonly known as Tiburon. Our study conducted by David Plummer & Associates was focused on the Tiburon neighborhood. Since it is now understood that lands west of Airport Road will also need to be taken into consideration, will respectfully request an additional 45-day extension I order to allow our consultants sufficient time to comprehensively evaluate the entire Pelican Marsh Community. Should you have and questions or need further information at this time, please call me immediately Sincerely, �Baarry Ernst wcP For WCI C6mmundies Ca Vivien Hastings, Edward R Griffith, Stephen Leung NOV 1 4 7000 . 243Gi Wald,n -once- Drive ncni:j ;in.1s :I,ri,, jti 9Q1, qy A COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION 2S00 North Horseshoe Drive Naples, Florida 34104 Phone(941)403 -2385 Fax (941 1 403-2395 April 21, 2000 Mr. Edward R. Griffith WCI Communities 24301 Walden Center Drive, Suite 300 Bonita Springs, Florida 34134 RE: Golf Course Road Impact Fees Dear Mr. Griffith: I am writing in follow -up to the County's previous correspondence regarding road impact fees for golf courses built by WCI Communities. The three subject golf courses are Bay Colony (162.79 acres). Pelican Marsh (212. 10 acres), and Tiburon (285.27 acres), totaling 660.36 acres. Ordinance 92 -22, the Road Impact Fee Ordinance, Appendix A, specifies a rate of $1,066 per acre. At that rate the total amount of road impact fees due is $703,943.76. The County is in receipt of an alternative fe calculation for Tiburon, which reflects a net fee of $72.382.00. The basis for this alternative fee is a trip generation rate of 544 trip ends per day. In order to use variable data such as this, which is derived from an independent source, the independent source must meet one of two criteria. It could be a generally accepted, standard source of transportation engineering or planning information, such as Trip Generation, 6`" Edition, published by the Institute of Transportation Engineers, or it could be a local study. If a local study is used, it must be supported by a database adequate for the conclusions contained in the study and must be performed by a professional engineer. Ihrfortunately, the source of the trip generation data used in this alternative fee calculation does not meet either of these criteria. As soon as possible, please advise us of whether you intend to submit a revised alternative fee calculation that (1) uses trip generation data from a source that meets the standards of the ordinance and (2) addresses impact fees for all three golf courses. If you can assure us that you plan to act quickly on this matter, we will be amenable to extending the compliance deadline for the Notice of Violation and Order to Correct (Case No. 2000020193), A ITEM Please let m +_ know vaur plans regarding the above and if I can be of any further ass tancf� „�� NOV '? 4 2000 I Vin_ent A. Cautero, AICP, Administrator www:'$o.collier.fl .ps i I can be reached at 403 -2369 and via e -mail at PhillTindall(acolliergov.net. Sincereh. Phillip R:- indall, Impact Fee Coordinator CC' Vincent A. Cautero. AICP, Administrator, Communiry Development & Environmental Services Ms. Vivien HastinLs, c/o WC1 Communities Edward J. Kant, P.E.. Director, Transportation Services Department Thomas E. Kuck, P.E., Eneineerinu Review Manager Michelle Edwards Arnold. Director Code Enforcement Department EXECUTIVE SUMMARY RECONSIDERATION PURSUANT TO ORDINANCE NO. 81 -54 OF A REQUEST TO SUBMIT AN ALTERNATIVE ROAD IMPACT FEE CALCULATION FOR TWO NINE - HOLE GOLF COURSES AT GREY OAKS OBJECTIVE: For the Board of County Commissioners to give staff direction regarding the request from Grey Oaks Development Corp. to submit an alternative road impact fee calculation for two nine -hole golf courses at the Grey Oaks development. CONSIDERATION: The applicable development orders for the two nine -hole golf courses were issued by the Planning Services Department in April 1996 and June 1998. Grey Oaks was notified in March 1998, and later in May 1998, of the requirement to pay impact fees on the first golf course. They received follow -up notices in May 1999, August 1999, and January 2000. The developer responded to the Matt 1998 notice by submitting an alternative fee calculation in the amount of $40,288.57, which represented a fee adjustment of $79.913.59. The alternative calculation was not presented to the Board. Staff sent Grey Oaks Development Corp. a letter in April 2000 explaining in detail the problems with this alternative fee calculation. The developer paid the fees in full, in the amount of 5120.202.16, under protest on May 11, 2000, using impact fee credits. with the intent of subsequently submitting an alternative fee calculation. Previous Board Action to Be Reconsidered: On September 12. 2000, the developer withdrew their request for approval to submit an alternative fee calculation. FISCAL IMPACT: The subject road impact fees have been paid in full by the developer, a total of $120,202.16. The fees were paid by way of impact fee credits for Road Impact Fee District 2 (E. Naples & Golden Gate City — Fund 333). Any reduction in the fee would not result in a cash refund, but would be recorded as an adjusting entry in the applicable impact fee credit ledger. GROWTH MANAGEMENT IMPACT: Road impact fees are an important funding source for transportation system capital improvements identified in the Capital Improvement Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners give staff direction regarding the petitioner's request to present an alternative fee calculation for two nine -hole golf courses at the Grey Oaks development. AGENDA i?EI •w.._ L3 NOV 4 2000 PR __� Grey Oaks — Page 2 SUBMITTED BY: x '� d >- L Date: Phillip�R. Tindall, Impact Fee Coordinator REVIEWED BY: � �L Date: Jud Miller. evenue Manager APPROVED BY: Date: John M. Dunnuck, III. Interim Administrator C'ommunitt Development & Environmental Services Division �r V 11 COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION 2800 North Horseshoe Drive Naples, Florida 34104 September 2, 2000 Phone (941) 403 -2385 Fax (941) 403 -2395 Mr. Tom Sansbury Grey Oaks Development Corp. 2640 Golden Gate Parkway Naples, Florida 34105 VIA FACSIMILE on September 2, 2000 and VIA COURIER on September 5, 2000 RE: Road Impact Fees —Grey Oaks Golf Courses Dear Mr. Sansbury: On May 11, 2000, Grey Oaks paid, under protest, road impact fees in the amount of $120,202.16 for two nine -hole golf courses. In your letter dated May 11, 2000, you requested a review hearing before the Board of County Commissioners pursuant to Section 3.07 of the Road Impact Fee Ordinance. The Ordinance requires that the review hearing be held within forty-five (45) calendar days of the date of the request. However, you also expressed a desire to present to the Board an alternative impact fee calculation. Since the alternative fee calculation was not near to being completed, the review hearing was not scheduled at that time. Nearly four months have passed since you made your request, and it is necessary that we bring this matter to a conclusion, thus, the review hearing for the subject golf courses will take place at the September 12, 2000 regular Board of County Commissioners meeting. Grey Oaks was notified in March 1998, and later in May 1998, of the requirement to pay impact fees. You received follow -up notices in May 1999, August 1999, and January 2000. In response to the May 1998 notice, Grey Oaks submitted an alternative fee calculation, in the amount of $40,288.57. This alternative calculation was not presented to the BCC. I sent a letter to David Crowley of Grey Oaks Development Corp. in April 2000 explaining in detail the problems with the alternative fee calculation vis -a -vis the standards of the Ordinance. In the above referenced review hearing, staff will ask the Board to make a determination as to whether Grey Oaks is eligible to submit alternative fee calculations at all. The fact that the fees have been paid in full under protest will be taken into account. However, the Ordinance requires that an alternative fee calculation be submitted prior to the issuance of a building permit. The Board must consider the fact that more than two years have elapsed since the original development orders for the subject golf courses, and numerous related building permits have since been issued: Please let me know if I can be of any assistance. I can be reached at 403 - 2369. Vincent A. Cautero, 1 4°-q" &- www.co.cblli"—u) t 2000 Road Impact Fees —Grey Oaks Golf Courses Page 2 Sincerely, 1�J� Phillip R Tindall, Impact Fee Coordinator prtNAC CC' Board of County Commissioners The Honorable Dwight E. Brock, Cleric of the Circuit Court Thomas W. 011iff, County Manager David C. Weigel, Esq., County Attorney Vincent A. Cautero, AICP, Administrtor, Community Development & Environmental Services Division Notts Feder, AICP, Administrator, Transportation Division Ramiro Manalich, Esq., Chief Assistant County Attorney Robert Mulhere, AICP, Director, Planning Services Department Robert Byrne, Director, Internal Audit Department Tom Kuck, P.E., Engineering Review Manager David Crowley, Grey Oaks Development Corp. Judy Miller, Revenue Manager r .•_ t ,COUNTRY Cj LUO May 11. 2000 Mr. Phillip R. Tindall Impact Fee Coordinator Collier County Community Development and Environmental Services Division 2800 North Horseshoe Drive Naples, Florida 34104 RE: Golf Course Road Impact Fees - Alternative Fee Calculation Dear Mr Tindall This is in reply to your letter of April 20, 2000, addressed to Mr. David Crowley of Grey Oaks Development Corporation regarding the above - referenced subject, a copy of which is attached. Your letter acknowledges receipt of an alternative road impact fee calculation for the golf courses at Grey Oaks and provides the County's notice of impact fee statement of the amount allegedly due. Your letter requests that we submit another or .- ,ecrhernative impact fee calculation. We will agree to follow the recommended course of action that you outlined in your letter. You should consider this letter as an application, made and paid under protest, for impact fee credit in the amount of $120,202.16. Grey Oaks Development Corporation does plan to submit an alternative fee calculation. As stated in your letter, the County will consider the fees paid under protest, and if the Board of County Commissioners subsequently approves the new alternative fee calculation, the Count}' will make an entry in the credit ledger to reflect a refund of the difference. This letter also serves as a request for a separate review hearing as to the correctness and calculation of the application of the appropriate Road Impact Fee for the Grey Oaks golf course. Please place on hold or continue any hearings before the Board of County Commissioners on our current alternative fee calculation and our separate request for a review hearing, pending completion of a new alternative fee calculation. Inasmuch as the County is holding unused road impact fee credits for the Grey Oaks property in an amount in excess of the amount of road impact fees that are allegedly due for the Grey Oaks golf course, we do not tht: k it was appropriate to refer {o Grey Oaks as d ;linquen t Thank you for your attention to this matter. Should you have any questions, please do not hesitate to contact me Very truly Cc: Vincent Cautcro - Community Development Environmental Sec Div. R Bruce Anderson Young, Van Assenderp, Varnadoc bt Anderson, P.A. David Crowley j; Mark Morton Grey Oaks Development Camorativn - - 2600 Golden Gate Parkway Suite 105 • Naples, FL 34105 !. Phone: 941.403.6800. • Fax: 941.403.008 - AGFWA ITEM_ NOV 4 2000 j COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION 2800 North Horseshoe Drive Naples, Florida 34104 Phone (941) 403 -2385 Fax (941) 403 -2395 April 20, 2000 Mr. David Crowley Grey Oaks Development Corporation 2640 Golden Gate Parkway Naples, Florida 34105 RE: Golf Course Road Impact Fees — Alternative Fee Calculation Dear Mr. Crowley: _ I am writing in follow -up to our telephone conversation of April 19, 2000 regarding the alternative road impact fee calculation for golf courses at Grey Oaks. Based on the site development plans (SDP 96 -33 and 98 -84), the subject golf courses comprise a total of 112.76 acres. Ordinance 92 -22, the Road Impact Fee Ordinance, Appendix A, specifies a rate of $1,066 per acre. At that rate the impact fee would be $120,202.16. As we discussed, the County is in receipt of your alternative fee calculation, which reflects a net fee of $39,072.95. The basis for this alternative fee is a trip generation rate of 306 trip ends per day. In order to use variable data such as this, which is derived from an independent source, the independent source must meet one of two criteria. It could be a generally accepted, standard source of transportation engineering or planning information, such as Trip Generation, 6a' Edition, published by the Institute of Transportation Engineers, or it could be a local study. If a local study is used, it must be supported by a database adequate for the conclusions contained in the study and must be performed by a professional engineer. Unfortunately, the source of the trip generation data used in your alternative fee calculation does not meet either of these criteria. My recommended course of action is that you submit an application for impact fee credit in the amount of $120,202.16. We will then make an entry in your impact fee credit ledger and the fees will be considered paid in full. If at that time you notify the County that you plan to submit a new alternative fee calculation, we will consider the fees paid under protest. If the Board of County Commissioners subsequently approves the new alternative fee calculation, we will make another entry in your credit ledger to reflect a refund of the difference. Please let me know your preference regarding the above recommendation and if I can be Vincent A. Cautero, AiCP, Administrator www.colll r.f7.ias -4 2000. ,Y r further assistance. I can be reached at 403 -2369 and via e-mail at PhillTindall @colliergov.net Sincerely, Philhp Tindall, Impact Fee Coordinator cc: Vincent A. Cautero, AICP, Administrator, Community Development & Environmental Services Mr. Tom Sansbury, President, Grey Oaks Development Corp. Edward J. Kant, P.E., Director, Transportation Services Department Thomas E. Kuck, P.E., Engineering Review Manager AGENDA irE1J NOV ` 4 2000 EXECUTIVE SUMMARY RECONSIDERATION PURSUANT TO ORDINANCE NO. 81 -54 OF A REQUEST TO SUBMIT AN ALTERNATIVE ROAD IMPACT FEE CALCULATION FOR THE VALENCIA AT ORANGETREE GOLF COURSE OBJECTIVE: For the Board of County Commissioners to give staff direction regarding the request from Orangetree Associates to submit an alternative road impact fee calculation for the Valencia at Orangetree golf course. CONSIDERATION: The applicable development order for the golf course was issued by the Planning Services Department in May 1995. Notices were sent in March 1998 and May 1998. In August 1998, Q. Grady Minor and Associates, P.A. submitted an alternative fee calculation in the amount of $62,723. an adjustment of $65.197.00. It was not presented to the BCC. To date. no road impact fees have been paid. On June 20, 2000 staff sent Orangetree Associates a formal Notice of Impact Fee Statcment demanding full payment. Previous Board Action to Be Reconsidered: On September 12, 2000. the Board denied the petitioner's request for approval to submit an alternative road impact fee calculation. FISCAL IMPACT: Road impact fees in the amount of $120,202.16 are due and payable for Road Impact Fee District 6 (Golden Gate Estates — Fund 338). GROWTH MANAGEMENT IMPACT: Road impact fees are an important funding source for transportation system capital improvements identified in the Capital Improvement Element of the Growth Man<:aement Plan. RECOMMENDATION: That the Board of County Commissioners give staff direction regarding the petitioner's request to present an alternative fee calculation for the Valencia at Orangetree golf course. Valencia at Orangetree — Page 2 i SUBMITTED BY: L L Date: Phillip R. Tindall, Impact Fee Coordinator REVIEWED BY: LI Date:�l Jute Miller, I evenue Manager APPROVED BY: ly �t,,. Date: 'E Joint M. Dunnuck. III. Interim Administrator Community Development & Environmental Services Division COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION 2800 North Horseshoe Drive Naples, Florida 34104 Phone (941) 403 -2385 Fax (941) 403 -2395 September 2, 2000 Mr. Roberto Bollt, Trustee Orangetree Associates 3000 Orange Grove Trail Naples, Florida 34120 VIA FACSIMILE on September 2, 2000 and VIA COURIER on September 5, 2000 RE: Road Impact Fees — Valencia at Orangetree Golf Course Dear Mr. Bollt: On June 21, 2000 you received a Notice of Impact Fee Statement from Collier County demanding payment of $127,920.00 in unpaid road impact fees for the subject golf course. Attached to the Notice was a copy of Ordinance No. 92 -22, the Road Impact Fee Ordinance. Section 3.07 of the Ordinance requires that a review hearing be held within forty -five (45) calendar days of the date the petitioner filed the request. Pursuant to that requirement, -the review hearing for Valencia at Orangetree will take place at the September 12, 2000 regular Board of County Commissioners meeting. In October 1998, Q. Grady Minor and Associates submitted an alternative fee calculation, which reflects a net fee of $62,723.00. However, as explained in the above referenced Notice, the data upon which the calculation was based does not comply with the standards of the Road Impact Fee Ordinance. In the above referenced review hearing, staff will ask the Board to make a determination as to whether Valencia at Orangetree is eligible to submit an alternative fee calculation at all. The fact that you have made a previous attempt, in good faith, at producing an alternative fee calculation will be taken into account. However, the Ordinance requires that an ah, creative fee calculation be submitted prior to the issuance of a building permit. The Board must consider the fact that more than two years have elapsed since the original development orders for the subject golf course, and numerous related building permits have since been issued. Please let me know if I can be of any assistance. I can be reached at 403 -2369 �. s 4cr� -f- _ 2000 Vincent A.'Cautero, AICP, Administrator Www.co.c her. us Road Impact Fees — Valencia at Orangetree Golf Course Page 2 Sincerely, f Phillip R. Tindall, Impact Fee Coordinator prtNAC cc: Board of County Commissioners The Honorable Dwight E. Brock, Clerk of the Circuit Court Thomas W. 011iff, County Manager David C. Weigel, Esq., County Attorney Vincent A. Cautero, ATCP, Administnor, Community Development & Environmental Services Division Norm Feder, AICP, Administrator, Transportation Division Ramiro Manalich, Esq., Chief Assistant County Attorney Robert Mulhere, AICP, Director, Planning Services Department Robert Byrne, Director, Internal Audit Department Tom Kuck, P.E., Engineering Review Manager Mr. James H. Siesky, Esq., Siesky, Pilon & Wood Judy Miller, Revenue Manager COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION 2800 North Horseshoe Drive Naples, Florida 34104 Phone(941)403 -2385 Fax(941)403 -2395 June 20,2000 - Mr. Roberto Bollt, Trustee Orangetree Associates .3000 Orange Grove Trail Naples, Florida 34120 CERTIFIED MAIL – RETURN RECEIPT REQUESTED # 7000 5020 0016 1363 1528 RE: Notice of Road Impact Fee Statement — Valencia at Orangetree Golf Course Dear Mr. Bollt: I am writing in follow -up to the County's previous correspondence regarding road impact fees for the Valencia at Orangetree golf course. The subject golf course is a part of the Orangetree PUD (see attached legal description — excerpt from Ordinance No. 87 -13, as amended). Our records indicate that the subject golf course is a 120 =acre facility, which was constructed pursuant to a preliminary work authorization dated September 9, 1997. At that time, Ordinance No. 92- 22,-the Road Impact Fee Ordinance, Appendix A, specified a rate of $1,066 per acre. Applying that rate, the total road impact fee for a 120 -acre golf course is $127,920.00. In October 1998, Q. Grady Minor and Associates submitted an alternative fee calculation, which reflects a net fee of $62,723.00. The basis for this alternative fee is a trip generation rate of 240 trip ends per day. In order to use variable data such as this, which is derived from an independent source, the independent source must meet one of two criteria. It could be a generally accepted, standard source of transportation engineering or planning information, such as Trip Generation, 6`s Edition, published by the Institute of Transportation Engineers, or it could be a Iocal study. If a local study is used, it must be supported by a database adequate for the conclusions contained in the study and must be performed by a professional engineer. Unfortunately, the source of the trip generation data used in your alternative fee calculation does not meet either of these criteria. I enclosed for your convenience a copy of Collier County Ordinance No. 92 -22, as amended, and the Alternative Study Guidelines, which apply to your study. If a study that does not comply .with Ordinance No. 92 -22 and the guidelines is presented to the Board of County Commissioners for review and approval and the study is not complete, the Board can deny the request for an alternative road impact fee based on incompleteness alone.. This Notice of I:oad Impact Fee Statement is effective on the date it is received as indi FatcZ1. the return receipt. Within thirty (30) calendar days from the effective date of this no Vincent A. Cautero, AICP, Administrator F-T2000 must remit the amount due of $127,920, or you may request a review hearing before the Board of County Commissioners. If you opt for a review hearing, you must make the request through the Office of the County Manager within thirty (30) calendar days of your receipt of this notice. The road impact fees shall be delinquent if not paid and received by the County within thirty (30) calendar days of the effective date of this notice if a review hearing has not been requested. Upon becoming delinquent, the road impact fees shall be subject to the imposition of interest on the unpaid balance. Also, in the event the road impact fees become delinquent, a Notice of Claim of Lien against the property will be recorded in the Official Records of the County. ,Please let me know if I can be of any assistance. I can be reached at 403 -2369 and via a -mail at PhillTindail @colliergov.net. Sincerely, Phillip . Tindall, Impact Fee Coordinator Attachment: Legal Description (Excerpt from Ordinance No. 87 -13, as amended) cc: Board of County Commissioners (5 Copies) (w /o Attachments) Thomas W. 011iff, County Manages (w /o Attachments) David C. Weigel, Esq., County Attorney (w /o Attachments) Vincent A. Cautero, A1CP, Administrator, Community Development & Environmental Services Division (w /o Attachments) Mark W. Minor, P.E, O. Grady Minor and Associates, P.A. Robert Byrne, Director, ntemal Audit Department (w /o Attachments) Heidi F. Ashton, Esq, Assistant County Attorney (w /o Attachments) Thomas Palmer, Esq., Assistant County Attorney (w /o Attachments) EXECUTIVE SUMMARY RECONSIDERATION PURSUANT TO ORDINANCE NO. 81 -54 OF A REQUEST TO SUBMIT AN ALTERNATIVE ROAD IMPACT FEE CALCULATION FOR VANDERBILT COUNTRY CLUB OBJECTIVE: For the Board of County Commissioners to give staff direction regarding the request from Worthington Communities to submit an alternative road impact fee calculation for Vanderbilt Country Club. CONSIDERATION: The applicable development order for the golf course was issued by the Planning Services Department in October 1997. In April 1998. staff assessed road impact fees on the clubhouse in the amount of $35,727.03. On August 3, 1999, The BCC approved an alternative fee calculation for residential construction at Vanderbilt Country Club. The alternative fee calculation was based on a study conducted by Kimley -Horn and Associates. Inc. The petitioner contends that the data upon which the previous calculation was based encompasses the transportation impact of the golf course, thus, road impact fees should not have been separately assessed for the golf course. On June 20. 2000 staff sent Worthington Communities a formal Notice of Impact Fee Statement demanding full payment. Previous Board Action to Be Reconsidered: On September 12, 2000, the Board approved the petitioner's request to come back and give a presentation to demonstrate that the alternative road impact fee calculation for residential construction at Vanderbilt Country Club, which was approved on August 3, 1999, encompassed the transportation system impacts of the golf course. FISCAL IMPACT: Unless the Board approves the alternative fee calculation, road impact fees in the amount of $106,481.37 are due and payable for Road Impact Fee District 1 (North Naples — Fund 331). GROWTH MANAGEMENT IMPACT: Road impact fees are an important funding source for transportation system capital improvements identified in the Capital Improvement Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners give staff direction regarding the petitioner's request to present an alternative fee calculation for Vanderbilt Country Club. NV I //'t 2000 Vanderbilt Country Club — Page 2 SUBMITTED BY: _ Date: Phillip R. Tindall,Impact Fee Coordinator REVIEWED BY: Date: JudJ Miller, 1 evenue Manager �1l / APPROVED BY:u'� -. ;�'.,._;- - Date:!'. ' John M. Dunnuck, III, Interim Administrator Community Development & Environmental Services Division AGENDA ITEM L NOV ' 4 2000 Pg. -' COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION September 2, 2000 Mr. Scott Connell Worthington Communities 14291 Metro Parkway, 1300 Ft. Myers, Florida 33912 2800 North Horseshoe Drive Naples, Florida 34104 Phone (941) 403 -2385 Fax(941)403 -2395 VIA FACSIMILE on September 2, 2000 and VIA COURIER on September 5, 2000 RE: Road Impact Fees — Vanderbilt Country Club Golf Course Dear Mr. Connell: Recently you submitted a request for a review hearing regarding road impact fees for the subject golf course. The request was submitted in response to our June 20, 2000 Notice of Impact Fee statement in which we demanded payment of $106,481.37 in road impact fees. Attached to the Notice was a copy of Ordinance No. 92 -22, the Road Impact Fee Ordinance. Section 3.07 of the Ordinance requires that the review hearing be held within forty-five (45) calendar days of the date the petitioner filed the request. Pursuant to that requirement, the review hearing for Vanderbilt Country Club will take place at the September 12, 2000 regular Board of County Commissioners meeting. In the above referenced review hearing, staff will ask the Board to make a determination as to whether Vanderbilt Country Club is eligible to submit an altemative fee calculation at all. The fact that a partial payment was made in 1998 will be taken into account. In addition, in August 1999, the Board of County Commissioners approved an alternative fee calculation for residential construction at Vanderbilt Country Club, and the data upon which that calculation was based may be sufficient to ascertain the transportation impacts of the subject golf course. This will also be taken into account. Please let me know if I can be of any assistance. I can be reached at 403 -2369. Sincerely, Phillip IL indall, Impact Fee Coordinator prt/VAC cc: Board of County Commissioners The Honorable Dwight)-. Brock, Clerk of the Circuit Court inistrator www.co.c T y 2000 us og. 3 Road Impact Fees — Vanderbilt Country Club Golf Course Page 2 Thomas W. 011iff, County Manager David C. Weigel, Esq., County Attorney Vincent A. Cautero, AICP, Administrator, Community Development & Environmental Services Division Norm Feder, AICP, Administrator, Transportation Division Ramiro Manalich, Esq., Chief Assistant County Attorney Robert Mulhere, AICP, Director, Planning Services Department Robert Byme, Director, Internal Audit Department Tom Kuck, P.E., Engineering Review Manager Mr. Richard Yovanovich, Esq., Goodlette, Coleman & Johnson, PA. Judy Miller, Revenue Manager AGEADA. IT EM _ NOV ! '1 2000 09:U1i 2000 11:07 PAS 913 620 1542 KIMLBP -HORN, TAMPA Z002/005 C Mn Kirnley-Hotn and Assocates, Inc. August 31, 2000 Mr. Phillip R. Tindall Impact Fee Coordinator Collier County Government 2800 North Horseshoe Drive Naples, Florida 34104 Re: Vanderbilt Country Club Golf Course Notice of Road Impact Fee Statement Dear Mr. Tindall: Pursuant to your request at our August 2, 2000 meeting, we are providing the following letter report which addresses the road impact fee issues raised by the County. In addition, this letter report also addresses your June 20, 2000 correspondence expressing concern that the impacts associated with the golf course at Vanderbilt Country Club were not considered in the alternative road impact fee calculations. This letter report further addresses the alternative road impact fee calculations performed by Kimley -Horn and Associates, Inc. for the alternative road impact fee determination and summarizes trip generation rates /impact fees to be applied if the golf course was assessed independently. As noted in the June 20, 2000 letter from Collier County, Vanderbilt Country Club (VCC) golf course is part of the Vanderbilt Country Club PUD. Residents, visitors, golf course users, employees, delivery trucks or any additional trips created by personnel visiting the development are required to access the site through the driveways provided at the entrance of the Vanderbilt Country Club community. As stated in the Kimley -Hom July 20, 2000 clarification letter to Glen Cribbett, data for the May 1999 alternative road impact fee study performed by Kirrdey- Horn was collected from all driveways entering and exiting each of the study site developments. Use of these driveways included residents, golf course users, site employees, delivery trucks and other trips created by the development. The May 1999 alternative road impact fee study performed by Kimley -Hom did count all trips entering and exiting each of the study sites. This included residential trips, golf course related trips, as well as other trips entering and exiting the development. Although data was collected at each of the study sites for total trips entering and exiting each development, the data that was collected was not separated into residential trips and golf course trips. Instead, the trips generated by the golf course were included in the transportation impact fee calculations for residential single - family and multi- family dwellings. ■ TEL 813 6, 1160 FAX 813 620 1512 - ■ 12a tee, aale,a,J ,ampe, Flow 33319 AGENDA ITEM NOV `: 4 2000 09101!2000 13:08 FAX 513 820 1.542 KIMLHY -HORN, TAMPA ZOO 3/005 PPI _„ Krley -Ho-n � =. and Associates, Irc, A:r. Phi 'hp Tmd,ll. August 31, 2000, Page 2 Transportation surveys collected in a previous stud} conducted at Countryside Golf and Country Club by Kitnley -Horn and Associates, Inc. in 1997 did ask the question if their trip was related to the golf course so that trips related to the residential dwelling units could be separated from trips made by the golf course. Countryside Golf and Country Club consists of a 163.17 acre private golf course facility similar to that planned at Vanderbilt Country Club at buildout. Analyzing data obtained from these 1,485 surveys, a total of 6.1 percent of the total entering and exiting traffic at Countryside Country Golf and Club was related to the golf course and the remaining 93.9 percent of the total entering and exiting traffic was related to the single - family and multi - family dwelling units. Therefore, based upon this data, on average 290 of the 4,757 daily trips generated by Countryside Golf and Country Club were related to the golf course and the retraining 4,467 trips were related to residential dwelling units. As defined it the approved February 22, 1999 methodology letter for the May 1999 study, trip generation rates by dwelling unit type were determined at each of the study sites and are summarized in Table 1. Based upon the May 1999 study results, the single- farnily and multi - family trip generation rates to be used in calculating the alternative road impact fee included the transportation impacts of the golf course trips. The simple average trip generation rate of the three study sites was determined as defined in the approved study methodology. In order to show the transportation impacts for the residential dwelling units only, golf course trips (6.1 percent of the total trips) were removed from each of the average daily trip ends based upon the results of surveys collected previously at the Countryside Golf and Country Club. The adjusted trip generation rate (and corresponding reduced road impact fee rate for the residential units) showing just transportation impacts associated with only the residential units are summarized in Table 2. AGENDA ITEM i ND ' tl Z00O r TABLE 1 May 1999 Trip Generation Summary Dwelling Units (DU) Average Trip Generation Daily Rate TE/DU) Single-Multi Single - Multi- Study Site Family Family Ends TE Family Family Bear's Paw 15 282 1,353 6.48 4.45 Worthin on 255 544 3,100 5.19 3.26 Court side 223 900 4,757 5.65 3.89 Average Trip Generation Rate includin olf course tri s in the residential rate : 5.77 3.87 Corresponding Alternative Road Im act Fee r DwelUn Unit : 5828.42 $558.99 In order to show the transportation impacts for the residential dwelling units only, golf course trips (6.1 percent of the total trips) were removed from each of the average daily trip ends based upon the results of surveys collected previously at the Countryside Golf and Country Club. The adjusted trip generation rate (and corresponding reduced road impact fee rate for the residential units) showing just transportation impacts associated with only the residential units are summarized in Table 2. AGENDA ITEM i ND ' tl Z00O r 99, 01 2000 15:09 PAX 513 620 1542 KUILET —HORN, TAMPA 1 , 004/005 Pill" M„ Kimley-horn hb� M and Associates, In,. M, Phi l lip Tmdz l 1, August 31, 2.00-3, Page 3 TABLE 2 Adjusted Residential Only Trip Generation Summary Dwelling Units Residential Trip Generation Road Impact Fee DU) Daily Rate (TE/D Study Site Trip Ends Single- Multi. Single- Multi. Familv I Family (TE) Familv Facnily Bear's Paw 15 28'2 1,2?0 6.08 4,18 Worthington 255 544 2,911 4.88 3.07 Countryside 223 900 4,467 5.31 3.65 Residential Only Average Trip Generation Rate (excluding golf course trips is the residential rate): 5.42 3.63 Corresponding Alternative Road Impact Fee (per Dwelling Unit): $779.01 $518.03 I'tips associated with golf course are to be assessed based upon the size of the golf course facility in acres as defined in Ordinance 92 -22, Table 3 surrLmarizes expected trip generation rates for Countryside Golf and Country Club. TABLE 3 Golf Course Trip Generation Summary Golf Golf Trip Road Impact Fee Study Site Course Course Generation Rate Trips Acreage Rate Countryside 290 163.17 1.78 $223.45 per acre Collier CoLingy Ordanance 92 -22 1 8.30 $1,066.00 rer acre Based upun data collected at the Countryside Golf and Country Club and Ordinance 92 -22, Vanderbilt Country Club should be assessed $29,808.23 in transportation impact fees ($223.45/acre x 133.4 acres) for the 133.4 acre golf course. Vanderbilt Country Club has already paid $35,723.03 for the golf course development which is greater than that required by the development. In summary, if transportation impacts for single - family dwelling units, multi- family dwelling units, and the golf course were to be assessed independently, Table 4 summarizes expected trip generation rates and corresponding road impact fees for each land use based upon Ordinance 92-22- moo,, , -vw, 1a:lu P: \l 513 620 1542 KIMLEI' -HORN, T4MPA ']005:005 PP' _„ Kimley -Horn � M and Associates, Inc. SL Phi i L p Tmca ll..A,gusi 31, 2000, Page 4 TABLE 4 Trip Generation Road Impact Fee Summary Development Unit Average Trip Road Impact Generation Rate Fee Rate Single - Family Units 5.42 trip ends per $779.01 per dwelling unit dwelling, unit Multi- Family Units 3.63 trip ends per $518.03 per dwelling unit dwelling unit Golf Course 1.78 trip ends per acre $223.45 per acre If you have any questions regarding this analysis, please call us at (813) 620 -1460. We look forward to discussing this matter with you at our September 5, 2000 meeting at your office. Very truly yours, KIMLEY- HORN ASSOCIATES, INC. Christopher C. Hatton, P.E. David E. Troernel, E.I. Associate Transportation Analyst CCH/det Copy to: Vincent A. Cautcro, Cotlier County Scat Council, Wortbangtoo Cotnmunites Ole "Ctibbctt Vanderbik Country Club Richard Yov"oncb, Goedleue, Colevmn & Johnson, P.A. Richard Ban, Kindey -Horn and Associates, Inc. H 1048618.01 V.encrstinda11083100Aoc , COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION 2800 North Horseshoe Drive Naples, Florida 34104 Phone (941) 403.2385 Fax (941) 403 -2395 June 20, 2000 Mr. Scott Connell Worthington Communities 14291 Metro Parkway, #1300 Ft. Myers, Florida 33912 CERTIFIED MAIL – RETURN RECEIPT REQUESTED # 7000 0520 0016 1363 1511 RE: Notice of Road Impact Fee Statement — Vanderbilt Country Club Golf Course Dear Mr. Connell: I am writing in follow -up to the County's previous correspondence regarding road impact fees for the Vanderbilt Country Club (VCC) golf course. The VCC golf course is a part of the Vanderbilt Country Club PUD (see attached legal description— excerpt from Ordinance No. 98- 52). Our records indicate that the subject golf course is a 133.4 -acre facility, which was constructed pursuant to a preliminary work authorization dated October 21, 1997. At that time, OrdinanmNo. 92 -22, the Road Impact Fee Ordinance, Appendix A, specified a rate of $1,066 per acre, Applying that rate, the total road impact fee for a 133.4 -acre golf course is $142,204.40. In April 1998, the County assessed and collected a road impact fee of $35,723.03 . as a prerequisite to issuing a building permit for the VCC clubhouse; hence, the total amount now due is $106,481.37. We are aware that the Board of County Commissioners approved an alternative fee calculation for Vanderbilt Country Club on August/3, 1999. You cited that fact in response to Tom Kuck's letter of February 1, 2000. We have since thoroughly reviewed the official records of the August .3, 1999 BCC meeting, as well as the May 1999 transportation impact study prepared by Kimley Horn and Associates, Inc., and have reached the following conclusions: 1. The Kimley -Horn study was conducted to support an alternative road impact fee , calculation solely for residential construction within the VCC development. The study specifically recommended road impact fee rates to be assessed per dwelling unit on single family and multi - family residential construction. 2. The'study in no way addressed the transportation impacts on the County's arterial road network created by the VCC golf course. The study included neither starse data regarding the golf course nor a recom nendation for an alternative golf aA " ro ad impact fee. 3. The above referenced alternative fee calculation does not apply to the VCC A. C66M?M, AICP, Administrator www. NOV ?000 3r.fl.us %`/ This Notice of Road Impact Fee Statement is effective on the date it is received as indicated on the return receipt. Within thirty (30) calendar days from the effective date of this notice, you must remit the amount due of $106,481.37, or you may request a review hearing before the Board of County Commissioners. If you opt for a review hearing, you must make the request through the Office of the County Manager within thirty (30) calendar days of this notice. The road impact fees shall be delinquent if not paid and received by the County within thirty (30) calendar days of the effective date of this notice if a review hearing has not been requested. Upon becoming delinquent, the road impact fees shall be subject to the imposition of interest on the unpaid balance. Also, in the event the road impact fees become delinquent, a Notice of Claim of Lien against the property will be recorded in the Official Records of the County. I enclose for your convenience a copy of Collier County Ordinance No. 92 -22, as amended, and a copy of the Alternative Study Guidelines applicable thereto. Please let me know if I can be of any assistance. I can be reached at 403 -2369 and via e -mail at PhillTindall @colliergov.net. Sincerely, P ' 'p R. indall, Impact Fee Coordinator Attachment: 1. Legal Description (Excerpt from Ordinance No. 98 -52) 2. Ordinance No. 92 -22 & Alternative -Study Guidelines — cc: Board of County Commissioners (5 copies) (w /o Attachments) Thomas W. Old County Manager (w /o Attachments) David C. Weigel, Esq, County Attorney (w /o Attachments) Vincent A. Cautem,-AiCP, Administrator, Mnununity Development& FavironmentalS&viCs Division (w/o Attachments) ' Robert Byrne, Director, Internal Audit DeparUnent (w /o Attachments) Heidi F. Ashton, Esq, Assistant County Attorney (w /o Attachments) Thomas Palmer, Esq, Assistant County Attorney (w /o Attachments) . AGEPiDA irW.,_ -� NOV ' 2000 EXECUTIVE SUMMARY APPROVE AN ALTERNATE ROAD IMPACT FEE CALCULATION FOR THE VANDERBILT COUNTRY CLUB (VCC) DEVELOPMENT. OBJECTIVE: To present to the Board the results of a developer's alternate road impact fee study and staff s analysis of same and to request the Board approve staff s proposed alternate road impact fee for the VCC. CONSIDERATIONS: Attachment No. 1 is the developer's Executive Summary for an alternate road impact fee study performed for the VCC. The developer initiated this study consistent with Section 2.03 of Ordinance 92 -22, as amended, the Collier County Road Impact Fee Ordinance (the "Ordinance "). In that study, the developer used the basic methodology set forth in the Ordinance and provided the following findings specific to his gated, golf - course community: Average Trip Rate - Single Family Dwellings 5.77 trip ends per unit per day Multi- Family Dwellings 3.87 trip ends per unit per day Average Total Trip Length - 5.40 miles per dwelling unit Average Assessable Trip Length - 4.70 miles per dwelling unit Average Percent New Trips - 100% per dwelling unit Staff has reviewed the developer's alternate fee study and has determined that, while the methodology is consistent with the Ordinance, the data lead to somewhat more conservative findings. Specifically, the trip generation rate determination in the study suffered from a lack of uniformity in determining whether a trip was generated from a single - family or a multi- family dwelling. However, the trip rate produced by the developer is within the range for the dwelling types provided in Trip Generation, Attachment No. 2 is a set of road impact fee worksheets showing the road impact fees developed using both the developer's study and data results and staff s review and recommendations for this project. Here follows a table summarizing these worksheets: Road Impact Fee Ordinance 92 -22 Staff Review Alternate Study Developer's Alternate Study Single Familv Multi Familv $ 1379 /unit $ 951 /unit $ 8461unit $ 607 /unit $ 827 /unit $ 555 /unit The staff recommendation is consistent with the existing fees for Townhouse/Condominium in lieu of Single - Family Dwelling and High -rise Multi- family in lieu of Low- rise - Multi - Family. Although staff s review indicates a significant reduction in fee, this reduction is justified by the combination of a lower trip generation rate and the obvious internal capture of the on -site golf course and other social and recreational amenities. Staff recommends that the Board accept and approve the staff - proposed alternate road impact fees for the VCC as presented above. FISCAL IMPACT: The VCC project is permitted for 222 single - family dwelling units multi- family dwelling units. If accepted by the Board, this alternate road impact fee,-gi, assumptions stated, would reduce the future fiords available in Fund 333 (Road Impact District No. 2) as follows' Per Ordinance 92 722: Single- family Fees 222 units @ $1379 /unit = $306,1.38 Multi- family Fees - 578 units @ $ 951 /unit = $549,678 Total Estimated Fees = $855,816 AGENDA ITEM 40. _ 1578 theNOV ? 4 2000 Executive Summary Approve an Alternate Road Impact Fee Calculation for NHGCC Page 2 Per Staff Recommendation: Single - family Fees - 222 units @ $ R4fi/tlnit = $187,812 Multi- family Fees - 578 units @ $ 607 /unit = $350,846 Total Estimated Fees = $538,658 Net estimated reduction in future funds available = 3 � ] 7 158 GROWTH MANAGEMENT IMPACT: The alternate road impact fee reflects an appropriate impact on the arterial roadway system. There would be, therefore, no growth management impact as long as the reduced revenue is offset by reduced road needs. RECOMMENDATIONS: The Board endorse staffs suggested alternate road impact fee; direct staff to collect the fees accordingly; confirm that this alternate road impact fee is site - specific and shall not be considered a general case in that differing ets of facts will result in a different set of findings. PREPARED BY:�X DATE: Edward J. Kant. P.E. ortation Services Director REVIEWED BY:T Z%h� DATE: 7 `j% Vincent A. Cautero, AICP, Community Development Administrator REVIEWED 6 DATE: Ed IIscRner, Pub is Works Administrator Attachments: No. 1 - Consultant's Executive Summary of Alternate Road Impact Fee. Study No. 2 — Road Impact Fee Worksheets i wd eri A a m c $i g d I 0 d U N I E c E . o a v X U =N= _ LL ry L « � m !- � m � N F t � X 0 0 e e II � ry N m m u N � o J X II C w d � E � x v gQ� N V � a q v = N AGENDA !j f- a j � a E NOV t iy N6. i AUG is�9 -L I n Em i m Z H v !? 3 ro an.Ua v 0 f o � � � o n c c � o � N b n n Ezt$ E E E z z d Fm ° °nNm me m man c c n2' l leia $ $ v a N x x Amy 7 7N J _ 1 LL t t S p N _N 1 m != c z u c 9 c .r n a a° N J d d m m N 0 v o JVVV LL 1L �2 SaNF6 v « m. 0 0 � T Troia lei lc -n W Willi of a uS A a m c $i g d I 0 d U N I E c E . o a v X U =N= _ LL ry L « � m !- � m � N F t � X 0 0 e e II � ry N m m u N � o J X II C w d � E � x v gQ� N V � a q v = N AGENDA !j f- a j � a E NOV t iy N6. i AUG is�9 -L I EXECUTIVE SUMMARY RECONSIDERATION PURSUANT TO ORDINANCE NO. 81 -54 OF A REQUEST TO SUBMIT AN ALTERNATIVE ROAD IMPACT FEE CALCULATION FOR NAPLES HERITAGE GOLF AND COUNTRY CLUB OBJECTIVE: For the Board of County Commissioners to give staff direction regarding the request from U.S. Home Corp. to submit an alternative road impact fee calculation for Naples Heritage Golf and Country Club. CONSIDERATION: In October 1993, the prior owners of the subject property, Shamrock Golf and Country Club, Inc., paid a road impact fee in the amount of $27,447. This was not approved by the Board. The applicable development order for the golf course was issued by the Planning Services Department in September 1996. Notices were sent in March 1998 and May 1998. On June 20, 2000 staff sent Naples Heritage a formal Notice of Impact Fee Statement demanding full payment. The developer has provided staff with documentation supporting an adjusted fee based on a revised acreage figure. which is 25.6 acres less than the amount reflected in the PIT) document. The adjustment reflects preserve areas and lakes. Previous Board Action to Be Reconsidered: On September 12, 2000, the Board approved the above referenced revised acreage figure. 17ne petitioner submitted full payment on the same day in the amount of $55,594.44. FISCAL IMPACT: Unless the Board approves adjusted fee. road impact fees in the amount of $82.884 are due and payable for Road Impact Fee District 2 (E. Naples & Golden Gate City — Fund 333). GROWTH MANAGEMENT IMPACT: Road in-ipact fees are an important funding source for transportation system capital improvements identified in the Capital Improvement Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners give staff direction regarding the petitioner's request to present an alternative fee calculation for Naples Heritage Golf and Country Club. That the Board of County Commissioners give staff direction regarding the petitioner's request to pay the golf course road impact.fee based on a revised acreage figure. SUBMITTED BY: Date: Phillip R. Tindall, Impact Fee Coordinator APPROVED BY: Date: ohn M. Dunnuck. III, Interim Administrator Community Development & Environmental Services Division NOV 14 2000 COLLIER COUNTY GOVERNMENT CObIMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION September 2, 2000 Mr. John R. Campbell Division Vice President South Florida Land Division U.S. Home Corporation 10491 Six Mile Cypress Parkway Ft. Myers, Florida 33912 2800 North Horseshoe Drive Naples, Florida 34104 Phone (941) 403 -2385 Fax (941) 403 -2395 VIA FACSIMILE on September 2, 2000 and VIA COURIER on September 5, 2000 RE: Road Impact Fees — Naples Heritage Golf and Country Club Dear Mr. Campbell: On July 21, 2000, the legal counsel for Naples Heritage Golf and Country Club (NHG &CC) submitted a request for a review hearing regarding road impact fees for the subject golf course. The request was submitted in response to our June 20, 2000 Notice of Impact Fee statement in which we demanded payment of $82,884.00 in road impact fees. Attached to the Notice was a copy of Ordinance No. 92 -22, the Road Impact Fee Ordinance. Section 3.07 of the Ordinance requires that the review hearing be held within forty-five (45) calendar days of the date the petitioner filed the request. Pursuant to that requirement, the review hearing for NHG &CC will take place at the September 12, 2000 regular Board of County Commissioners meeting. In the above referenced review hearing, staff will ask the Board to make a determination as to whether NHG &CC is eligible to submit an alternative fee calculation at all. The fact that a partial payment was made in 1993 based on a good faith attempt at an alternative fee calculation will be taken into account, even though the data upon which that calculation was based did not comply with the standards of the Ordinance. On July 31, 2000, you delivered to my office a scale drawing of the subject golf course supporting a revised acreage figure of 77.9 acres. This represents an adjustment of 25.6 acres for preserve areas and lakes. On August 23, 2000,1 sent you a letter stating that this revised acreage figure will be acceptable to the County for the calculation of the road impact fee, however, my statement was premature. We have since discussed the issue with the Clerk of the Circuit Court and the County Attorney, and have concluded that the Board must approve such a revised acreage figure before we can use it to calculate your road impact fee. At the September 12 review hearing, we will also ask the Board to rule on your request for a revised acreage figure. Please let me know if I can be of any assistance. I can he reached at 403 -2359. Vincent A. Cautero, AICP, Administra O- ..g_L) I 4 zoao WWWco.collierY is Road Impact Fees — Naples Heritage Golf and Country Club Page 2 Sincerely, 2 e5�� Phillip R. tndall, Impact Fee Coordinator prINAC cc: Board of County Commissioners The Honorable Dwight E. Brock, Clerk of the Circuit Court Thomas W. 011iff, County Manager David C. Weigel, Esq., County Attorney Vincent A. Cautero, AICP, Administrator, Community Development & Environmental Services Division Norm Feder, AICP, Administrator, T=portation Division Ramiro Manalich, Esq., Chief Assistant County Attorney Robert Mulhere, AICP, Director, Planning Services Department Robert Byrne, Director, Internal Audit Department Tom Kuck, P.E., Engineering Review Manager Mr. Dan Cox, Esq., Young, Van Assenderp,Vamadoe & Anderson, P.A. Ms. Helen 1. Sarver, Naples Heritage Golf & Country Club, 10060 Amberwood Rd., Suite 3, Ft. Myers, FL 33913 Judy Miller, Revenue Manager COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENTAND ENVIRONMENTAL SERVICES DIVISION 2800 North Horseshoe Drive Naples, Florida 34104 Phone(941)403 -2385 Fax(941)403 -2395 June 20, 2000 Ms. Helen I. Sarver Naples Heritage Golf and Country Club r j 0060 Amberwood Road, Suite 3 Ft. Myers, Florida 33913 CERTIFIED MAIL –RETURN RECEIPT REQUESTED # vnnn (62n 0016-3363 1535 RE: Notice of Road Impact Fee Statement — Naples Heritage Golf and Country Club Golf Course Dear Ms. Sarver: I am writing in follow -up to the County's previous correspondence regarding road impact fees for the Naples Heritage Golf and Country Club (NHG &CC) golf course. The NHG &CC golf course is a part of the NHG &CC PUD (see attache-3'legal description -- excerpt from Ordinance No. 95 -74). Our records indicate that the subject golf course is a 103.5 -acre facility that was. constructed in 1996. At that time, Ordinance No. 92 -22, the Road Impact Fee Ordinance, Appendix A, specified a rate of $1,066 per acre. Applying that rate, the total road impact fee for a 103.5 -acre golf course is $110,331.00. On October 27, 1993, the prior owners of the subject property, Shamrock Golf and Country Club, Inc., paid a road impact fee in, the amount of $27,447.00; hence, the total amount now due is $82,884.00. Officials of U.S. Home Corp. have provided us with dodumentation pertaining to an alternative fee calculation that was submitted in October 1993. However, the alternative road impact fee was not approved by the Board of County Commissioners and the data-upon which the calculation was based does not meet the standards prescribed in the Road Impact Fee Ordinance. The basis for the alternative fee was a trip generation rate of 100 trip ends per day. In order to use variable data such as this, which was derived from an independent source, the independent ; , source must meet one of two criteria. It could be a generally accepted, standard source of• transportation engineering or planning information, such as Trip Generation, 6a' Edition, published by the Institute of Transportation Engineers, or it could be a local study. If a local` study is used, it must be supported by a database adequate for the conclusions contained in the study and must be performed by a professional engineer. Unfortunately, the source of the trip generation data used in your alternative fee calculation does not meet either of these trite_ AGEWA ITEM, s 4 2G00 Vincent A. Cautero, AICP, Administrator www.co.col er:(l.us —" This Notice of Road Impact Fee Statement is effective on the date it is received as indicated on the return receipt. Within thirty (30) calendar days from the effective date of service of this notice, you must complete one of three actions: 1. You may remit the amount due of $82,884; or 2. You may attempt to provide proof that the fee paid in 1993 was in fact calculated pursuant to the provisions of the Road Impact Fee Ordinance and approved by the Board of County Commissioners; or 3. You may request a review hearing before the Board of County Commissioners. If you opt for a review hearing, you must make the request through the Office of the County r , Manager within thirty (30) calendar days of this notice. If, within thirty (30) days of this notice, you can demonstrate that the fee paid in 1993 was calculated and approved in accordance with the requirements of the Road Impact Fee Ordinance, the road impact fees for the NHG &CC golf course will be considered paid in full. Otherwise, the road impact fees shall be delinquent if they are not paid and received by the County within thirty (30) calendar days of the effective date of this notice or if a review hearing has not been requested. Upon becoming delinquent, the road impact fees shall be subject to the imposition of interest on the unpaid balance. Also, in the event the road impact fees become delinquent, a Notice of Claim of Lien against the property will be recorded in the Official Records of the County. I enclose for your convenience a : py of Collier do-bhty Ordinance No. 92 -22, as amended, and a copy of the Alternative Study Guidelines applicable thereto. Please let me know if I can be of any assistance. I can be reached at 403 -2369 and via e-mail at PhillTindall @colliergov.net. Since , Phillip R. Tindall, Impact Fee Coordinator Attachments: 1. Legal Description (Excerpt from Ordinance No. 95 -74) 2. Ordinance No: 92 -22 & Alternative Study Guidelines cc: Board of County Commissioners (5 copies) (w /o Attachments) Thomas W. Qllif[, County Manager (w /o Attachments) , David C. Weigel, Esq., County Attorney (w /o Attachments) Vincent A. Cautero, AICP, Administrator, Community Development & Environmental Services Division (w /o Attachments) John R. Campbell, Land ]Development Manage, U.S. Home Corp. Robert Byrne, Director, Internal Audit Department (w /o Attachments) Heidi F. Ashton, Esq., Assistant County Attorney (w /o Attachments) Thomas Palmer, Esq., Assistant County Attorney (w /o Attachments) MO.O�. - �.. . - 3 NOV 2006 Oil- i STATE OF FLORIDA COUNTY OF COLLIER AFFIDAVIT Before me, the undersigned authority, this day personally appeared William C. McAnly who, being duly sworn, deposes and states: 1. That he is a registered engineer in the State of Florida and the Chief Executive Officer of McAnly Engineering and Design, Inc. located at 5435 Park Central Court, Naples, Florida 34109. 2. That McAnly Engineering is the engineering firm for the Naples Heritage Golf and Country Club project located south of Davis Boulevard (S.R. 84) in Collier County, Florida; and prior to that, was the engineering firm for Shamrock Golf and Country Club, a project proposed on the same property. 3. That as engineers for the project, his firm is well aware of the land uses in Naples Heritage and the approximate acreage of each such use. 4. That he personally met with Phil Tindall, Collier County Impact Fee Coordinator in July, 2000 to determine the acreage of the playable golf course area of the Naples Heritage Golf Course for purposes of calculating the amount of road impact fees payable for the golf course under Collier County's Road Impact Fee Ordinance (Section 74 -321, et. seq., Collier County Code). 5. That Mr. Tindall and he agreed on what land uses should be included within the "golf course" for purposes of the impact fee ordinance. 6. That pursuant to that agreement, McAnly Engineering, under his direction, calculated the playable acreage of the Naples Heritage Golf Course, as constructed in accordance with the South Florida Water Management District permit, which acreage encompasses a total of 77.9 acres. 7. That the 77.9 acres includes tees, greens, fairways, roughs, cart paths, clubhouse site, maintenance site and practice tee area. FURTHER, AFFIANT SAYETH NOT. William C. McAnly, P.E., P.S.M. Florida Registration Nos. 8048, 1543 Sworn to (or affirmed) and subscribed before me this 1121 day of September-, 2000, by. William C. McAnly who is personally known tome. 16 t N ry Public -State of FI 'da � 21N Ina o W 0Aka1(A5 Aamtc9"MC41W Print, Type, or Stamp Name of Notary - - AiitPc�A lI1YiM %.i O.W, ETSPWOWS HGMEWAPLES HMTAGE G CANLV AMDAVIT. wpd " NOV 4 2000 YOUNG, vAN ASSENDERP, VARNADOE & ANDERSON, P. A. ATTORNEYS AT LAw R. BRUCE ANDERSON TASHA O. BUFORD DANIEL H. COX TIMOTHY S. FRANKLIN DAVID P. HOPSTETTER* C. LAURENCE KEESEY KENZA VAN ASSENDERP GEORGE L. VARNADOE ROY C. YOUNG BOARD CERTIFILD REAL ESTATE LAW ER OF COUNSEL DAVID S. ERWIN A.J. JIM SPA-LA Thomas W. 011iff Collier County Manager Administration Building 3300 E. Tamiami Trail Naples, FL 34112 REPLY TO: Phillip R. Tindall, Impact Fee Coordinator Collier County Community Development & Environmental Services Division 2800 North Horseshoe Drive Naples, FL 34104 RE: Notice of Road Impact Fee Statement, Naples Heritage Golf & Country Club Golf Course - REQUEST FOR HEARINGS Dear Mr. 011iff and Mr. Tindall: This letter is in response to Mr. Tindall's letter dated June 20, 2000 concerning the above referenced subject. Please be advised that this firm represents U.S. Home Corporation ( "U.S. Home "), the original developer of Naples Heritage Golf and Country Club. Pursuant to the written authorization of the Board of Trustees of Naples Heritage Golf and Country Club, a copy of which is attached, U.S. Home has been authorized to act on behalf of Naples Heritage Golf and Country Club relating to the matter of road impact fees for the golf course. By way of background, road impact fees applicable to the golf course development were paid by a prior property owner and a Certificate of Public Facility Adequacy was issued to the prior owner before U.S. Home Corporation acquired the subject property. An alternative impact fee calculation had been submitted by the prior owner and approved by the County. U. S. Home has been unable to locate any records from the prior owner as to whether or not the alternative impact fee calculation approved by the County several years ago was, in fact, approved by the County Commission. The purpose of this letter is to request hearings before the Board of County Commissioners pursuant to §2.03 (alternative road impact fee calculation) and §3.07 (review hearings) of the Road Impact Fee Ordinance. Due to the schedule of its undersigned counsel, U S Home waives the right to require that the hearings be held within 30 days of the date.of this letter, and requests Aac.N�(y.A� 1�I aFA NOV ? + )SOU GALLIE'S HALL Naples 225 SOUTH ADAMS STREET, SUITE 200 POST OFFICE Box 1833 TALLAHASSEE, FLORIDA 32302 -1833 TELEPHONE (850) 222 -7206 July 21, 2000 TELECOPIER (850) 561 -6834 SUNTRUST BUILDING 801 LAUREL OAK DRIVE, SUITE 300 POST OFFICE Box 7907 NAPLES, FLORIDA 34101 -7907 TELEPHONE 1940 597 -2814 TELECOPIER 19411 597 -1060 Phillip R. Tindall, Impact Fee Coordinator Collier County Community Development & Environmental Services Division 2800 North Horseshoe Drive Naples, FL 34104 RE: Notice of Road Impact Fee Statement, Naples Heritage Golf & Country Club Golf Course - REQUEST FOR HEARINGS Dear Mr. 011iff and Mr. Tindall: This letter is in response to Mr. Tindall's letter dated June 20, 2000 concerning the above referenced subject. Please be advised that this firm represents U.S. Home Corporation ( "U.S. Home "), the original developer of Naples Heritage Golf and Country Club. Pursuant to the written authorization of the Board of Trustees of Naples Heritage Golf and Country Club, a copy of which is attached, U.S. Home has been authorized to act on behalf of Naples Heritage Golf and Country Club relating to the matter of road impact fees for the golf course. By way of background, road impact fees applicable to the golf course development were paid by a prior property owner and a Certificate of Public Facility Adequacy was issued to the prior owner before U.S. Home Corporation acquired the subject property. An alternative impact fee calculation had been submitted by the prior owner and approved by the County. U. S. Home has been unable to locate any records from the prior owner as to whether or not the alternative impact fee calculation approved by the County several years ago was, in fact, approved by the County Commission. The purpose of this letter is to request hearings before the Board of County Commissioners pursuant to §2.03 (alternative road impact fee calculation) and §3.07 (review hearings) of the Road Impact Fee Ordinance. Due to the schedule of its undersigned counsel, U S Home waives the right to require that the hearings be held within 30 days of the date.of this letter, and requests Aac.N�(y.A� 1�I aFA NOV ? + )SOU Thomas W. 011iff and Phillip R. Tindall Page 2 July 19, 2000 hearings be scheduled for sometime in October with the exact date to be coordinated with its counsel. Among the issues to be determined at said hearing, unless resolved prior thereto, are the following: 1. Acreage upon which the road impact fees are to be calculated, excluding non - playable areas such as water management and preserve areas. 2. Approval of alternative impact fee calculations for this private residential golf course. 3. Whether there is a rational nexus basis for the County's standard road impact fee for golf courses to be applied to this private golf course serving a residential development. Thank you for your attention to this matter. Should you have any questions or need additional information please do not hesitate to contact me, or in my absence, contact Mr. John Campbell, Division Vice President of U.S. Home Corporation, whose phone number is 941/278 -1177. Thank you. Sincerely, R. Bruce Anderson RBA/cjw Encl/as stated cc: John Campbell Thomas C. Palmer, Asst. County Attorney G9uscn\BETSY\Wp9 \US HOME\NAPLES HERITAGE GC\LTR OLLIFF & TINDALL 071900.wpd F'wv ' '+ 2000 JUL -12 -2000 WED 03;56 Ph US HOME SOUTH FL LAND D FAX NO. 9412780883 JVl.. 1G. ctrou 'j --OrTl ' L•ET XA OF AUTHORIZATION Tha u dasignod do hembY swan or aiFsm dud they are dle the WfVla tideholdne sae! eunan of rbm-d or Pt"tM l8ttbr dMW3"d. as I %Aw KMt& a Gaff and Camay C6*. ' Wheeiaiethei eaoctafaM*Wnd�fbMIfiTCMar mad Zhepopa ydeer impaecfeeal hYdleDl � }7ee�mRGolfandCerui�Cmb6olfCe�a Y:eha►d�fdedCareU59aiae Cozperadon a+ the Iaeal alb dde ptoperry tmd at saes, 4eae aadividaak a» �atimd to 1ft'Q9bh+ datlowMMcftbaPmpeM !A the eamtaeeffmiv%vMViMwAhaft Ma =:dwdW uododea 6vc li sat lasted do � � and tad,ori�aq of agmlk eo aadat to eleprapaattae of all• naasary RMhft6as, Plan. M".W" tad atadira. Noduut harm andl oblwoz t5easdetuped for ,e(eWoeal impact Rea, *a eaa ofaearim ieulmed In ooaaeattoavdk the fomgemg, mldt w actaPance of�mlctlytnion by dm aaam dmleft'ed beam shill *per ata as a waive � ofdw K& of aueh awls to eoek eomftuooa gem the undmWied a to Flax M lien oa dw pmpetg for eavims iendved. i Ptiarrd Name STATE OF_ R.O.e/V CoLwrlr OF L65 %MM m far affnzn/4 w d aeb=9w before ma thfe /D day of .7u &� IW O, by 4.x L. t- 7lI7-AN e. . wbo + oaUY kao me or ache bas prodaeed u tdmld& -adon. F C F� lyral T9w~ My Curaririnn CCb71 M f='ta= d pfki4 ornamyed) P. 02 NOV 2000 EXECUTIVE SUMMARY RECONSIDERATION PURSUANT TO ORDINANCE NO. 81 -54 OF A REQUEST TO SUBMIT AN ALTERNATIVE ROAD IMPACT FEE CALCULATION FOR THE GOLF COURSE AT THE STRAND OBJECTIVE: For the Board of County Commissioners to give staff direction regarding the request from The Strand Development Corporation of Naples to submit an alternative road impact fee calculation for the golf course at The Strand. CONSIDERATION: The site Development Plan for the golf course was issued on May 29, 1997. On July 7, 1998. the developer paid a road impact fee in the amount of $32,147.00 based on an alternative fee calculation. The alternative calculation was not presented to or approved by the Board. In addition, the alternative calculation was not prepared compliance with the ordinance. The trip generation data did not come from a generally accepted standard source of transportation engineering or planning information or from a transportation impact study In follow up to the April 11. 2000 internal audit report regarding golf courses, staff discovered that the Board had not approved the above referenced alternative fee calculation. The difference between the alternative calculation and the full fee based on the fee schedule in the ordinance is $184,570.80. On July 10, 2000 staff sent the developer a formal Notice of Impact Fee Statement demanding full payment in that amount. It is the opinion of staff that the petitioner has substantially met the filing requirements for an alternative fee calculation pursuant to Section 2.03 of the Road Impact Fee Ordinance. Previous Board Action to Be Reconsidered: On September 26, 2000, the Board approved the petitioner's request for approval to submit an alternative road impact fee calculation. FISCAL IMPACT: The $32,147.00 paid in 1998 was deposited in District No. I Road Impact Fee Trust Account (Fund 331). The gross fee, based on 203.3 acres at the ordinance rate of $1,066 /acre, is $216,717.80. Unless the Board approves a lesser amount based on a new alternative fee calculation, the developer must pay $184,570.80. GROWTH MANAGEMENT IMPACT: Road impact fees are an important funding source for transportation system capital improvements identified in the Capital Improvement Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners "give staff direction regarding the petitioner's request to present an alternative fee calculation for the golf course at The Strand- 8 NOV y 203E t The Strand — Page 2 SUBMITTED BY: Date: Phillip R. Tindall. Impact Fee Coordinator REVIEWED BY: Date: Judy% iller. enue Manager APPROVED BY: �1�, 1 _ i�iuu.� _ �� Date: 2_ ," Lr C. John M. Dummck. II1. Interim Administrator Community Development & Environmental Services Division NOV AGEWA COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION September 2, 2000 Mr. Paul Hardy The Strand Development Corporation of Naples 5645 Strand Boulevard, Suite No. 3 Naples, Florida 34110 2800 North Horseshoe Drive Naples, Florida 34104 Phone (941) 403 -2385 Fax (941) 403 -2395 VIA FACSIMILE on September 2, 2000 and VIA COURIER on September 5, 2000 RE: Road Impact Fees —The Strand Golf Course Dear Mr. Hardy: On August 11, 2000, you submitted a request for a review hearing regarding road impact fees for the subject golf course. The request was submitted in response to our July 10, 2000 Notice of Impact Fee statement in which we demanded payment of $184,570.80 in road impact fees. Attached to the Notice was a copy of Ordinance No. 92 -22, the Road Impact Fee Ordinance. Section 3.07 of the Ordinance requires that the review hearing be held within forty-five (45) calendar days of the date the petitioner filed the request. Pursuant to that requirement, the review hearing for The Strand will take place at the September 26, 2000 regular Board of County Commissioners meeting. In the above referenced review hearing, staff will ask the Board to make a determination as to whether The Strand is eligible to submit an alternative fee calculation at all. The fact that a partial payment was made in 1998 based on a good faith attempt at an alternative fee calculation will be taken into account, even though the data upon which that calculation was based did not comply with the standards of the Ordinance. Please let me know if I can be of any assistance. I can -be- reached at 403 -2369. Sincerely, Phillip %� IZ�dall, Impact Fee Coordinator prt/VAC cc: Board of County Commissioners The Honorable Dwight E. Brock, Clerk of the Circuit Court - Thomas W. 011iff, County Manzger - - - ACS David C. Weigel, Bq., County F:ttomey - Vincent A. Cautero, A1CP, Administrator www. o.co ie og IU Road Impact Fees —The Strand Golf Course Page 2 Vincent A. Cautero, AICP, Administrator, Community Development & Environmental Services Division Norm Feder, AICP, Administrator, Transportation Division Ramiro Manalich, Esq., Chief Assistant County Attorney Robert Mulhere, AICP, Director, Planning Services Department Robert Byrne, Director, Internal Audit Department Tom Kuck, P.E., Engineering Review Manager Mr. W. Neil Dorrill, President, Dorrill Management Group Judy Miller, Revenue Manager Z6ZA ITEM T NOV 14 2000 pQ: y v A August 11, 2000 Mr. Phil Tindall Impact Fee Coordinator Community Development and Environmental Services Division 2800 North Horseshoe Drive Naples, Florida 34104 Re: Alternative Golf Course Impact Fee Calculation The Club at The Strand Dear Mr. Tindall: This will confirm our most recent meeting and your correspondence dated July 10, 2000 concerning the above reference. As indicated at our meeting on July 17, 2000. Mr. Hardy agreed that The Strand would submit a revised alternative calculation of Road Impact Fees. As such The Strand, by copy of this letter and enclosures to the County Manager, requests a review hearing before the Board of County Commissioners as provided for in Section 3.07 of the Ordinance. It is our understanding that substantial Road Impact Fees have previously been paid for the Golf Course ($32,147) and contrary to your letter any additional fees would not be due until the completion of the alternative study as outlined in Appendix D of the Impact Fee Ordinance. It would be our intent to undertake this study based on real or projected trip generation during peak season at a comparable Club. If this is not consistent with your discussions with Tom Palmer following our meeting please advise me immediately. Finally we have not received the March 5, 2000 letter from Ms. Bishop who served as the agent for The Strands original impact fee calculation. If you have a copy would you please forward to us at your convenience. cc: Tom 011iff Paul Hardy Leo Salvatori, Esq. 5645 Strand Boulevard, Suite N3 • Naples, Florida 34110 • tel. 941 -592 -9115 fax 941- 594 -1422 �_A'GLNua MLM N'bV ' 4 20000 COLLIER, COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION 2800 North Horseshoe Drive Naples, Florida 34104 Phone (941) 403 -2386 Fax(941)403 -2395 July 10, 2000 Mr- Paul Hardy The Strand Development Corporation of Naples 5645 Strand Boulevard, Suite No. 3 Naples, Florida 34110 CERTIFIED MAIL – RETURN RECEIPT REQUESTED # 7000 o9 2o oom 1363 154 RE: Notice of Road Impact Fee Statement —The Strand Golf Course Dear Mr. Hardy: I am writing in follow -up to the County's previous correspondence regarding road impact fees for the golf course at The Strand. The subject golf course is a part of the Pelican Strand PUD, FKA Regency Village, (Development Order No. 90 -1, as amended --see attached legal description). Our records indicate that the subject golf course is a 203.3 -acre facility, which was constructed in 1997. At that time, Ordinance No. 92 -22, the Road Impact Fee Ordinance, Appendix A, specified a rate of $1,066 per acre. Applying that rate, the total road impact fee for a 2033 -acre golf course is $216,717.80. On July 8, 1998, the County assessed and collected a road impact fee of $32,147.00; hence, the total amount now due is $184,570.80. The fee collected in 1998 was based on an alternative fee calculation, however, the calculation was never approved by the Board of County Commissioners as required by the Road Impact Fee Ordinance. Based on the findings of a recent internal audit, we have found that the data upon which the alternative fee calculation was based does not meet the standards prescribed in the Road Impact Fee Ordinance. The basis for the alterative fee was a trip generation rate of 115 trip ends per day. In order to use variable data such as this, which was derived from an independent source, the independent source must meet one of two criteria. It could be a generally accepted, standard source of transportation engineering or planning information, such as Trip Generation, 6a' Edition, published by the Institute of Transportation Engineers, or it could be a local study. If a local study is used, it must be supported by a database adequate for the conclusions contained in the study and must be performed by a professional engineer. Unfortunately, the source of the trip generation data used in your alternative fee calculation does not meet either of these criteria. I enclosed for your convenience a copy of Collier County Ordinance No. 92 -22, as ar the Alternative Study Guidelines, which apply to your study: If a study that does not with Ordinance No. 92 -22 and the guidelines is presented to the Board of County Col Vincent A. Cautelro, AICP, Administrator ad AGEIZA 1Tc1.1 � W _R 2001 ag._ / for review and approval and the study is not complete, the Board can deny the request for an alternative road impact fee based on incompleteness alone. This Notice of Road Impact Fee Statement is effective on the date it is received as indicated on the return receipt. Within thirty (30) calendar days from the effective date of this notice, you must remit the amount due of $184,570.80, or you may request a review hearing before the Board of County Commissioners. If you opt for a review hearing, you must make the request through the Office of the County Manager within thirty (30) calendar days of receipt of this notice. The road impact fees shall be delinquent if not paid and received by the County within thirty (30) calendar days of the effective date of this notice if a review hearing has not been requested, Upon becoming delinquent, the road impact fees shall be subject to the imposition of interest on the unpaid balance. Also, in the event the road impact fees become delinquent, a Notice of Claim of Lien against the property will be recorded in the Official Records of the County. Please let me know if I can be of any assistance. I can be reached at 403 -2369 and via e-mail at PhillTindall @colliergov.net. Sincerely, / hillip Tindall, Impact Fee Coordinator Attachments: 1. Legal Description 2. Ordinance No. 92 -22 & Alternative Study Guidelines cc: Board of County Commissioners (5) (w /o Attachment No. 2) Thomas W. 011ie County Manager (w /o Attachment No. 2) David C. Weigel, Esq, County Attorney (w /o Attachment No. 2) Vincent A. Cautero, AICP, Administrator, Community Development & Environmental Services Division (w /o Attachment No. 2) W. Neil Donn], Dorrill Management Croup, Inc, 5800 Strand Blvd., Ste. 1, Naples, FL 34110 Robert Byrne, Direaa, Internal Audit Department (w /o Attachment No. 2) Heidi F. Ashton, Esq., Assistant County Attorney (w /o Attachment No. 2) Thomas Palmer, Esq., Assistant County Attorney (w /o Attachment No. 2) 122 ! i NOV EXECUTIVE SUMMARY RECONSIDERATION PURSUANT TO ORDINANCE NO. 81 -54 OF A REQUEST TO SUBMIT AN ALTERNATIVE ROAD IMPACT FEE CALCULATION FOR NAPLES GRANDE GOLF CLUB OBJECTIVE: For the Board of County Commissioners to give staff direction regarding the request from WilsonMiller, Inc., representing Panthers Grey Oaks, Inc., to submit an alternative road impact fee calculation for Naples Grande Golf Club. CONSIDERATION: Naples Grande Golf Club, located within the Grey Oaks DRI /PUD, received Site Development Plan approval on February 1, 1999. The developer paid $147.960.80 in road impact fees under protest on January 24, 2000. An altemative fee calculation was initially submitted, but the data upon which the calculation was based was not in compliance with the Road Impact Fee Ordinance. The trip generation data did not come from a generally accepted standard source of transportation engineering or planning information or from a transportation impact study. Staff did not schedule a hearing before the Board of County Commissioners at that time, but instead notified the developer's consultant of the problem and the consultant subsequently conducted a second transportation impact study. It is the opinion of staff that the petitioner has substantially met the filing requirements for an alternative fee calculation pursuant to Section 2.03 of the Road Impact Fee Ordinance. The consultants analysis of the data shoes a trip generation rate of 396.4 trips per day. The consultant. WilsonMiller. Inc., submitted two reports reflecting different calculated fees (Report "A" — entirely site - specific data and Report `B" — partially 1992 Ordinance parameter data). Report "A" indicates a fee of $71,668.45 based on the above trip generation rate and an average assessable trip length of 5.8 miles. This trip length is the result of origin/destination (O /D) surveys conducted at similar selected sites. Report "B" indicates a fee of $50,362.87 based on the above trip generation rate and an average assessable trip length of 4.2 miles. This trip length is taken from the 1992 Road Impact Fee Update Study upon which the impact fee rate in the Ordinance, $1,066 /acre, is based. Staff opines that data and a fee resulting fron, the 0/D survey and similar site analysis represents a better estimate of the impact of the Naples Grande Golf Club on the roadway network than does the data based on the parameters set forth in the 1992 study. The basis for this opinion is that the 1992 parameters, while still valid in the absence of more site - specific data, are model - based estimates and do not represents any actual, specific site(s). Staff believes that where site - specific data are available, that data should be used, regardless of whether the final fee assessed would be more or less than the 1992 Ordinance estimates. NOV ' 4 2000 Naples Grande Golf Club - Page 2 Previous Board Action to Be Reconsidered: On September 26, 2000, the Board approved staffs recommendation for an alternative fee calculation in the amount of $71,668.45, as indicated in Report `A ", and authorized staff to refund $76,292.35 to the Developer, Panthers Grey Oaks, Inc. FISCAL IMPACT: The $147,960.80 paid under protest was based on 138.8 acres at the Ordinance rate of $1,066 /acre. The funds were deposited in District No. 2 Road Impact Fee Trust Account (Fund 333). If the Board accepts the alternative fee calculation of $71,668.45 indicated in Report "A ", the County would be required to refund $76,292.35 to the developer, a minus 51.6 percent adjustment to the Ordinance rate. If the Board accepts the alternative fee calculation of $50,362.87 indicated in Report 'B ", the County would be required to refund $97,597.93 to the developer, a minus 66.0 percent adjustment to the Ordinance rate. Any such refund would be reflected in the County's automated financial management system as a debit to the applicable revenue line item. GROWTH MANAGEMENT IMPACT: Road impact fees are an important funding source for transportation system capital improvements identified in the Capital Improvement Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners give staff direction regarding the petitioner's request for an alternative fee calculation for Naples Grande Golf Club. SUBMITTED BY: Date: Phillip R. Tindall, Impact Fee Coordinator APPROVED BY: � � �kk— Date: I t�L .e �_ holm M. Dunnuck, III, Interim Administrator Community Development & Environmental Services Division NOV 14 2000 Vk COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION September 2, 2000 Mr. Jeffory L. Perry, AICP Transportation Planning Services Manager WilsonMiller, Inc. 3200 Bailey Lane, Suite 200 Naples, Florida 34105 -8507 2800 North Horseshoe Drive Naples, Florida 34104 Phone (941) 403 -2385 Fax (941) 403 -2395 VIA FACSIMILE on September 2, 2000 and VIA COURIER on September 5, 2000 RE: Road Impact Fees — Naples Grande Golf Resort Dear Mr. Perry: In June 2000, you submitted an alternative road impact fee calculation on behalf of Naples Grande Golf Resort. The calculation reflected a net fee of $38,041.25 based on a transportation impact study conducted by WilsonMiller. Section 2.03 of the Ordinance requires that a hearing be held within thirty (30) calendar days of the date the petitioner submits the request. However, after reviewing the submitted materials, we advised you that the data upon which the fee was based did not meet the standards of the Road Impact Fee Ordinance. Since staff would not have been able to recommend approval, the hearing was not scheduled. The basis for the alternative fee was a trip generation rate of 299.4 trip ends per day. As we have previously discussed, the trip generation rate was derived from a local study, however, the study did not include an origin/destination component as required by the Ordinance. You have since advised the County that WilsonMiller has been in the process of obtaining the required origin/destination data. It is necessary that we bring this matter to a final resolution, thus, a hearing will be scheduled for the September 26, 2000 regular Board of County Commissioners meeting. In this hearing, staff will ask the Board to make a determination as to whether Naples Grande is eligible to submit an alternative fee calculation at all. The fact that the fee was paid under protest as well as the fact that you have been making a serious attempt to produce an alternative fee calculation that meets the standards of the Ordinance will be taken into account. Please let me know if I can be of any assistance. I can be reached at 403 - 2369. Vincent A. Cautero, AICP, Administrator www:co A:aEIvJA,lTtipd Ili .us 4 2000. Road Impact Fees — Naples Grande Golf Resort ` Page 2 Sincerely, P ' 'p R indal , apact Fee Coordinator prVVAC cc: Board of County Commissioners The Honorable Dwight E. Brock, Clerk of the Circuit Court Thomas W. 011iff, County Manager David C. Weigel, Esq., County Attorney Vincent A. Cautero, AICP, Administrator, Community Development & Environmental Services Division Norm Feder, AICP, Administrator, Transportation Division Ramiro Manalich, Esq., Chief Assistant County Attorney Robert Mulhere, AICP, Director, Planning Services Department Robert Byrne, Director, Internal Audit Department Tom Kuck, P.E., Engineering Review Manager Mr. Ed Miranda, Director, Development Administration, Boca Resorts, Inc. Mr. Tony J. Squitieri, Project Manager, Banks Engineering, Inc. Judy Miller, Revenue Manager ZlWnMiller New Directions In Planning, Design & Engineering September 6, 2000 Phil Tindall Collier County Impact Fee Coordinator Collier County Development Services Center 2800 N. Horseshoe Drive Naples, FL 34104 RE: Naples Grande Alternative Road Impact Fee Study Dear Mr. Tindall: 9 On January 24, 2000, Panthers Grey Oaks, Inc. paid "under protest" a $147,960.80 Road Impact Fee for the Naples Grande Golf Club. On February 21, 2000, WilsonMiller filed on their behalf, a request for an Alternative Road Impact Fee Calculation pursuant to the provisions of Sec. 74 -326, Collier County Code. On March 17, 2000 WilsonMiller staff met with County Staff to discuss the parameters of the Alternative Road Impact Fee Study needed to support our Alternative Fee request. On May 9, 2000 WilsonMiller submitted the Alternative Road Impact Fee Study Approach for County review and concurrence. On June 9`h WilsonMiller transmitted a Alternative Road Impact Fee Study that we believed met the spirit and intent of the Ordinance. After discussions with County Staff, WilsonMiller agreed to collect additional origin and destination data for use in developing the appropriate trip length factors for this Alternative Fee Calculation. WilsonMiller has collected that data based upon the guidance provided by Staff, and is hereby re- submitting Alternative Road Impact Fee Study completed pursuant to the County's guidelines. The study contained herein demonstrates that the trip rate of 8.3 trips per acre (1,164 trips for 18- holes) used in the Ordinance to calculate the road impact fee assessed to Naples Grande Golf Club was based upon generalized trip generation information that was neither applicable nor appropriate for use in assessing the true road impacts of the Naples Grande. The findings of this study indicate a rate of 396.4 trips per day and trip lengths of 6.4 miles (total) and 5.8 miles (assessable) for the 18 -hole course is appropriate in this case. When recalculated, the appropriate road impact fee for the Naples Grande Golf Club is $71,668.45. While we are providing this revised report/calculation at your request, we reserve the right to argue at our County Commission hearing on September 26, 2000, the merits of using the default average trip length incorporated in the Ordinance. Sin re e ory L. Perry, AICP AG:J`l.)A i Transportation Planning Services Manager rw,b'. Naptes fort Myers :Sarasota Braden-tan _ Tampa ii -.NOV -. - - - 3200 Bailey Lane, Suite 200 Naples, Florida 34105 -8507 941- 649 -4040 ^r 941- 643 -5716 1111.u7.1 . 1 1R 112 measr - www wilsonmiller.eom cA 4ULA+p &TRIFLrzI - �g. WnsonMiller. Inc. — FL Lic LC C000170 Findings - Trip Generation Rate WilsonMiller has conducted this Alternative Road Impact Fee Study pursuant to the guidelines contained in the Appendix D of the Collier County Transportation Impact Fee 1991 Update Study. The findings of this study demonstrate that the trip generation rate adopted in Ordinance 92 -22 for "golf course" that generates a fee of $1,066 per acre is inconsistent with private golf clubs in general, and specifically with regard to the fee calculation made for the Naples Grande Golf Club. There are two distinct problems with the calculation methodology used in Ord. 92 -22 with respect to golf courses. First, the use of "trips per acre" of golf course is in and of itself difficult to apply, since the physical structure of golf courses in Collier County involve not only tees, fairways, greens, and ancillary land areas such as maintenance and clubhouse facilities, but also usually involve the use of lakes, wetland and upland preserves, and open other spaces. The "acreage" of a golf course is not easily (nor consistently) determined. Secondly, the rate of 8.3 trips per acre (derived form the Institute of Transportation Engineers (ITE) Trip Generation Report, 5`h Ed.) when applied to courses in Collier County does not accurately represent the trip making characteristics of the various mixes of golf course applications. Golf courses in southwest Florida may be standalone public or private courses, or may be in some manner affiliated with a residential or hotel development. Such a "residential" course may be public or private, further complicating the trip generation characteristics of the course. For example, a private golf course built for the exclusive use of the surrounding landowners, such as those frequently seen as "equity ownership" courses, may put little traffic on the arterial road network for which road impact fees are to be assessed. Only service vehicle, employees and member's guests are creating new trips on the highway system outside the development. All of the other golf course "trips" are generated by golfers who reside within the development. On the other hand, the same course within a residential development that is open to the public on a daily basis can be expected to generate a higher number of new trips from outside the development, but not as many as a free standing course that has no associated residential land uses to "feed" the course. The wide variety of course options makes it difficult to calculate the true impact a golf course has on the arterial roadway system. In the recent update to the Road Impact Fee Ordinance fee schedule, the trip rate was changed to 0643.32 trips per 18- holes ", While this factor is easier to apply than the 8.3 trips per acre, the new rate still has the potential to dramatically overestimates the trip- making of many course - types, especiatly in the case of private course, with or without associated residential developments. The following analysis demonstrates how the Road Impact Fee Ordinance rate schedule severely overestimated the traffic impact of the Naples Grande Golf Club, resulting in an .excessive fee being assessed against the project: r" AGLNUAIY R NOV s 4 200000 CA NOI3P4lM] MF -]4424 1 .•-.r r...,- .• :s.. 5 Trip Generation Analysis The Naples Grande Golf Club is a private club that, in addition to a limited number of memberships, is associated with a local resort hotel. There are currently no residential units existing on the site. The course gets the majority of its play from hotel resort guests, many of which are bussed in from the resort or frequently arrive in carpool fashion. In January 2000, the Club paid their road impact fee of $147,960.80 "under protest', and opened for play that season. As a result, this study was able to incorporate "real" traffic data from the course in question as part of the analysis. The traffic data collected from other private courses is also included in this report. The Study Approach was reviewed and approved by County Staff as required by the Traffic Study Guidelines. In the case of the Naples Grande Golf Club, the road impact fee of $147,960.80 calculated using the then existing rate of 8.3 trips per acre, was equivalent to an 18 -hole course generating an average of 1,164 trips per day, every day of the year. The actual traffic data collected at the Naples Grande site and two other private courses (Appendix) revealed that private 18 -hole golf courses were generating between 163 and 351 vehicle trips per day during "late season ", with weekly averages from 204 to 299.4 trips per day. Traffic data collected at each course included all vehicular traffic, including service, maintenance and employee traffic. The 'late season" data was factored up to a peak seasonal conditions based upon peak season golf course play data obtained from each of the courses analyzed, revealing peak season trip generation numbers in the range of 352 to 534 per day or an average of 397 trips per day for 18 -hole courses. Naples Grande estimate of peak season trips was 352. Even at a peak season condition, the trip rate of 352 for an 18 -hole private course with hotel association is still 70% less than the trip rate applied to calculate the road impact fees for the Naples Grande. To illustrate how significant the overestimating problem is in the Road Impact Fee Ordinance, by using the trips per round of golf factor (3.8) developed from the study of actual golf course trip - making characteristics, in order for a golf course to generate 1,164 trips per day, that course would have to be playing 306 rounds per day every day of the year, a number that is almost 4' /z times the actual number of rounds being played at the Napl F 4- 6&ZA{T• NOV zoou N3llN0.lMO 1m OPd Uy -" M]2" JM -MiF 2"24 "Late Season" Peak Season Trips Rounds Trips Rounds Trips per Trips per 18 -Holes 18 -Holes 18 -Holes 18 -Holes Round Hole Naples Grande 299.4 66.3 352 78 4.5 19.56 Course #2 270.0 49.0 534 97 5.5 29.67 Course #3 204.0 90.9 303 135 2.2 16.83 3 -Course Average 258.0 65.8 396.4 103.4 3.8 22.02 Traffic data collected at each course included all vehicular traffic, including service, maintenance and employee traffic. The 'late season" data was factored up to a peak seasonal conditions based upon peak season golf course play data obtained from each of the courses analyzed, revealing peak season trip generation numbers in the range of 352 to 534 per day or an average of 397 trips per day for 18 -hole courses. Naples Grande estimate of peak season trips was 352. Even at a peak season condition, the trip rate of 352 for an 18 -hole private course with hotel association is still 70% less than the trip rate applied to calculate the road impact fees for the Naples Grande. To illustrate how significant the overestimating problem is in the Road Impact Fee Ordinance, by using the trips per round of golf factor (3.8) developed from the study of actual golf course trip - making characteristics, in order for a golf course to generate 1,164 trips per day, that course would have to be playing 306 rounds per day every day of the year, a number that is almost 4' /z times the actual number of rounds being played at the Napl F 4- 6&ZA{T• NOV zoou N3llN0.lMO 1m OPd Uy -" M]2" JM -MiF 2"24 f A Grande. A rate of 306 rounds per day, every day of the year can easily be characterized as highly improbable for private courses (or for that matter, public course) in Collier County. It should be noted that the newly adopted (and much improved) trip rates for golf courses, based upon the Institute of Transportation Engineers (ITE) Trip Generation Report, 6` Ed., uses a trip rate based upon the number of holes (a rate of 35.74 trips per hole or 643.32 trips per 18- hole course). The "new' rate, when compared to the former rate of 1,164 trips per 18 -hole course, is almost % of that which was applied to Naples Grande, and although it appears to be more realistic, the data collected from private courses reveals that the "new" rate may still overestimate the trip- making of private golf clubs by as much as 280 %. This is not unrealistic when one carefully examines the ITE Trip Generation Report for a Golf Course (Land Use Code 430) (Figure 1). The ITE Report is actually a summary of data collected from a number of nationwide studies. In the case of the Golf Course land use there were 18 studies with trip rates varying from 14.5 to 54.44 trips per hole (261 to 980 trips per 18- holes) that were used to develop the average number of Figure 1 35.74. Fully one -half of the studies (nine) reported trip Golf Course 00) rates less than the average, Average Vehicle Trip Ends vs: Xoles while similarly nine reported On a: Weekday values higher than the average. An examination of the actual data points for the nationwide studies reveals total daily trips for 18 -hole courses as low as t 260. A study of Collier County private courses, which are heavily influenced by seasonal fluctuations in use, indicates that a reasonable estimate of average daily traffic is 196 trips for 18- holes. The average trip rate of 22.02 trips per hole or 396.4 trips per 18 -holes generated by this study for the Naples Grande Golf Club is approximately 50% higher than what would be assumed for a private golf club without an off -site hotel relationship, and should be considered a reasonable estimate of the road impact of r this project. vsnaao veso >e n:� meaav W 1304JJAlr- jRIF.SU$J ' Number of Studies: 18 Average Number d Holes: 20 Directional Distribution: 50% entering, 50% waling Trip Generation per Note Ava , Rai. Range of Rates 3YMVe Oavietgn 35.74 14.W , 54A4 1212 F X.NUr,pMd Me4i - X ,. e.A N - - - - - Na aN Fwaa cm.. aauaeen: rya vlven . - R�.-^ AGENDA ITLM �eN,W. ran s" d ,NOV R The rate of 22.02 trips per hole falls well within the range rates of the ITE study and more accurately represents the true road impacts of the Naples Grande than the use of the older generalized average trip rate from ITE originally incorporated into the Road Impact Fee Ordinance rate schedule against which his project was assessed. Trip Length Calculation In addition to trip generation, the formula component of trip length was evaluated. Trip length data is developed from origin and destination (O /D) surveys. Survey data is evaluated by measuring the total trip length, including local streets and interstate miles, and determining what portion of the trip occurs on "assessable" roads, that is roads for which impact fees are usually a capital revenue source. Due to the difficulty of collecting origin and destination data from three similar land uses the County Staff agreed that using O/D data gathered from the Naples Grande G.C. and the Tiburon G.C., a similar hotel- associated course, would be sufficient to determine an acceptable trip length for use in this calculation. O/D data was collected at Naples Grande G.C. on August 4", 51", 6'", 12'", 13', and 19'", while data collected at Tiburon was retrieved for August 22nd and 23rd. A total of 78 usable surveys resulted from the effort. Total trip length and "assessable" trip length were calculated for each usable record. Although the data was gathered during the month of August, no seasonal factor adjustment is warranted. Trip length is generally not "seasonal' by nature, although it is reasonable to assume that in this case, with a higher volume of trips generated by the nearby associated hotels during the season, a lower trip length might be expected during peak season. The data revealed that the average total trip length for all records was 6.4 miles with an assessable trip length of 5.8 miles. These are significantly higher than the default values (4.68 and 4.20 respectively) used in the Road Impact Fee Ordinance for the golf course land use. wuxaw.�ewi ve. ox! -mrxav NBIEPOJJDJ9- lRli�3ll3� AG� _E NOV t 4 -2000 + t Impact Fee Calculations Collier County has developed a Road Impact Fee Calculation Worksheet (Figure 2) that includes all of the necessary variables and formulas to accurately calculate the appropriate fee for any land use set of variables. By substituting the trip rate of 396.4 per 18- holes, and trip lengths of 6.4 and 5.8, a new road impact fee of $71,668.45 is derived for the Naples Grande Golf Club. The Road Impact Fee Worksheet is attached. Figure 2 I. ESTABLISH CRITERIA Naples Grande Golf Club A. Fixed Criteria Alt. Fee (Peak ADT) 1. Lane Capacity 8,685 trips per day 2 Construction Cost $854,170 per lane -mile 3. Fuel Tax $0.123 per gallon 4. Fuel Efficiency 18 miles per gallon 5. Present Worm Factor 25 years (T 7% 6. Number or work days per year 365 7. Interstate Mileage Reduction 4% B. Variable Criteria 1. Trip Generation Rate 39640 Trip Ends Per Golf Hole1 &hcxes 2. Percent new mps 100% 3 Size of Faalityti e., sq. It_acres.eeats) 1 4. Trip Lengths Total 6.4 Assessable 5.8 II. COMPUTE TRIP ENDS PER DAY Generation Rate Size Percent New Trips = Trip Ends /Day 396.40 1 100% = 396.4 TE's/Day 396.4 per 1 8-holes III. COMPUTE LANE MILES PER DAY Assessable Trip 11 - Interstate Mileage TE's /Day Length Reduction) - Lane Mi. /Day Lane Cal (8,685) 2 3964 5.8 0.96 - 0.12707 Lane Mi. /Day 8,685 2 IV. COMPUTE GROSS IMPACT COST Lane MilesrOay CosNana mile = Gross Impact Cost 0.12707 $854,170 = $108,53938 V. COMPUTE CREDIT Work Days/Year TE's /Day Total Trip Length Tax/gallon 11 654 = Credit Milea/gallon 2 365 396.4 6.4 $0.123 11.654 = $36,870.93 18 2 VI. COMPUTE NET IMPACT FEE Gross Fee Credit Net Impact Fee - $108,539.38 - $36870.93 _ $71,668.45 AIL RIF based upon trip generation of 396.4 PSWOT @ 18 Holes Ms'210 -l/9JI Vx, el!-ryERRt' .W IM,AI�.WB- Te1F.iHl� 1 AGCPwia l7tlk -_ W1 Nnv ' A 20131 �� l,D INilsgnMiller New Directions In Planning, Design & Engineering 3 September 6, 2000 Phil Tindall Collier County Impact Fee Coordinator Collier County Development Services Center 2800 N. Horseshoe Drive Naples, FL 34104 RE: Naples Grande Alternative Road Impact Fee Study Dear Mr. Tindall: On January 24, 2000, Panthers Grey Oaks, Inc. paid "under protest" a $147,960.80 Road Impact Fee for the Naples Grande Golf Club. On February 21, 2000, WilsonMiller filed on their behalf, a request for an Alternative Road Impact Fee Calculation pursuant to the provisions of Sec. 74 -326, Collier County Code. On March 17, 2000 WilsonMiller staff met with County Staff to discuss the parameters of the Alternative Road Impact Fee Study needed to support our Alternative Fee request. On May 9, 2000 WilsonMiller submitted the Alternative Road Impact Fee Study Approach for County review and concurrence. WilsonMiller is hereby transmitting the Alternative Road Impact Fee Study completed pursuant to the County's guidelines. The study contained herein demonstrates that the trip rate of 8.3 trips per acre (1,164 trips for 18- holes) used to calculate the road impact fee assessed to Naples Grande Golf Club was based upon generalized trip generation information that was neither applicable nor appropriate for use in assessing the true road impacts of the Naples Grande. The findings of this study indicate a rate of 396.4 trips per day for the 18 -hole course is appropriate in this case. When recalculated, the appropriate road impact fee for the Naples Grande Golf Club is $50,362.87. It is our wish to have this item placed on the September 26, 2000 Board of County Commission Agenda for the Commission's consideration. Thank you again for your prompt attention in this matter. Sincerely, - Jeffory L. Perry, AICP Transportation Planning Services Manager . Naples, fort My,ars :Sarasota Bradenton Tampa 4 NOV 2000 1 -3200 Bailey Lane, Suite 200 Naples, Florida 34105 -8507 941 -649 -4040W 941- 643 -5716 - - InimJe {sAvR o,daersxv - - WWW.wilsonmiller.com i J�.Y !L. .11. pIAYH-iHIF N114 - - - NYSOnMJler lnC — FL Lrt 0 1 GC000170 Findings - Trip Generation Rate WilsonMiller has conducted this Alternative Road Impact Fee Study pursuant to the guidelines contained in the Appendix D of the Collier County Transportation Impact Fee 1991 Update Study. The findings of this study demonstrate that the trip generation rate adopted in Ordinance 92 -22 for "golf course" that generates a fee of $1,066 per acre is inconsistent with private golf clubs in general, and specifically with regard to the fee calculation made for the Naples Grande Golf Club. There are two distinct problems with the calculation methodology used in Ord. 92 -22 with respect to golf courses. First, the use of "trips per acre" of golf course is in and of itself difficult to apply, since the physical structure of golf courses in Collier County involve not only tees, fairways, greens, and ancillary land areas such as maintenance and clubhouse facilities, but also usually involve the use of lakes, wetland and upland preserves, and open other spaces. The "acreage" of a golf course is not easily (nor consistently) determined. Secondly, the rate of 8.3 trips per acre (derived form the Institute of Transportation Engineers (ITE) Trip Generation Report, 5'" Ed.) when applied to courses in Collier County does not accurately represent the trip making characteristics of the various mixes of golf course applications. Golf courses in southwest Florida may be standalone public or private courses, or may be in some manner affiliated with a residential or hotel development. Such a 'residential' course may be public or private, further complicating the trip generation characteristics of the course. For example, a private golf course built for the exclusive use of the surrounding landowners, such as those frequently seen as "equity ownership" courses, may put little traffic on the arterial road network for which road impact fees are to be assessed. Only service vehicle, employees and member's guests are creating new trips on the highway system outside the development. All of the other golf course "trips" are generated by golfers who reside within the development. On the other hand, the same course within a residential development that is open to the public on a daily basis can be expected to generate a higher number of new trips from outside the development, but not as many as a free standing course that has no associated residential land uses to "feed" the course. The wide variety of course options makes it difficult to calculate the true impact a golf course has on the arterial roadway system. In the recent update to the Road Impact Fee Ordinance fee schedule, the trip rate was changed to "643.32 trips per 18- holes'. While this factor is easier to apply than the 8.3 trips per acre, the new rate still has the potential to dramatically overestimates the trip- making of many course- types, especially in the case of private course, with or without associated residential developments. The following analysis demonstrates how the Road Impact Fee Ordinance rate schedule severely overestimated the traffic impact of the Naples Grande Golf Club, resulting in an excessive fee being assesseI against the project. _ �T - - AGEavCA W Sin 3 NL , , 4 2000 NR0.'V -li9J] Vn.O1.IPERAV �o; ,"]JM.- MP -]ws, 5 Trip Generation Analysis The Naples Grande Golf Club is a private club that, in addition to a limited number of memberships, is associated with a local resort hotel. There are currently no residential units existing on the site. The course gets the majority of its play from hotel resort guests, many of which are bussed in from the resort or frequently arrive in carpool fashion. In January 2000, the Club paid their road impact fee of $147,960.80 "under protest ", and opened for play this season. As a result, this study was able to incorporate "real" traffic data from the course in question as part of the analysis. The traffic data collected from other private courses is also included in this report. The Study Approach was reviewed and approved by County Staff as required by the Traffic Study Guidelines. In the case of the Naples Grande Golf Club, the road impact fee of $147,960.80 calculated using the then existing rate of 8.3 trips per acre, was equivalent to an 18 -hole course generating an average of 1,164 trips per day, every day of the year. The actual traffic data collected at the Naples Grande site and two other private courses (Appendix) revealed that private 18 -hole golf courses were generating between 163 and 351 vehicle trips per day during "late season ", with weekly averages from 204 to 299.4 trips per day. Traffic data collected at each course included all vehicular traffic, including service, maintenance and employee traffic. The "late season" data was factored up to a peak seasonal conditions based upon peak season golf course play data obtained from each of the courses analyzed, revealing peak season trip generation numbers in the range of 352 to 534 per day or an average of 397 trips per day for 18 -hole courses. Naples Grande estimate of peak season trips was 352. Even at a peak season condition, the annual average trip rate of 396.4 for an 18 -hole private course with hotel association is still 70% less than the trip rate applied to calculate the road impact fees for the Naples Grande. To illustrate how significant the overestimating problem is in the Road Impact Fee Ordinance, by using the trips per round of golf factor (3.8) developed from the study of actual golf course trip- making characteristics, in order for a golf course to generate 1,164 trips per day, that course would have to be playing 306 rounds per day every . day of the year, a number that. is almost 41/2 times the actual number of rounds being plWeJX -,,_ the Naples Grande. A rate of 306 rounds per day, every day of the year can easily be ao` NOV ' _'+ 2000 "Late Season" Peak Season Trips Rounds Trips Rounds Trips per Trips per 18 -Holes 18 -Holes 18 -Holes 18 -Holes Round Hole Naples Grande 299.4 66.3 352 78 4.5 16.6 Course #2 270.0 49.0 534 97 5.5 15.0 Course #3 204.0 90.9 303 135 2.2 11.3 3- Course Average 258.0 65.8 396.4 103.4 3.8 22.02 Traffic data collected at each course included all vehicular traffic, including service, maintenance and employee traffic. The "late season" data was factored up to a peak seasonal conditions based upon peak season golf course play data obtained from each of the courses analyzed, revealing peak season trip generation numbers in the range of 352 to 534 per day or an average of 397 trips per day for 18 -hole courses. Naples Grande estimate of peak season trips was 352. Even at a peak season condition, the annual average trip rate of 396.4 for an 18 -hole private course with hotel association is still 70% less than the trip rate applied to calculate the road impact fees for the Naples Grande. To illustrate how significant the overestimating problem is in the Road Impact Fee Ordinance, by using the trips per round of golf factor (3.8) developed from the study of actual golf course trip- making characteristics, in order for a golf course to generate 1,164 trips per day, that course would have to be playing 306 rounds per day every . day of the year, a number that. is almost 41/2 times the actual number of rounds being plWeJX -,,_ the Naples Grande. A rate of 306 rounds per day, every day of the year can easily be ao` NOV ' _'+ 2000 characterized as highly improbable for private courses (or for that matter, public course) in Collier County. It should be noted that the newly adopted (and much improved) trip rates for golf courses, based upon the Institute of Transportation Engineers (ITE) Trip Generation Report, 6' Ed., uses a trip rate based upon the number of holes (a rate of 35.74 trips per hole or 643.32 trips per 18- hole course). The "new" rate, when compared to the former rate of 1,164 trips per 18 -hole course, is almost 't /2 of that which was applied to Naples Grande, and although it appears to be more realistic, the data collected from private courses reveals that the "new' rate may still overestimate the trip- making of private golf clubs by as much as 280 %. This is not unrealistic when one carefully examines the ITE Trip Generation Report for a Golf Course (Land Use Code 430) (Figure 1). The ITE Report is actually a summary of data collected from a number of nationwide studies. In the Figure t case of the Golf Course land use there were 18 Golf Course studies with trip rates (430) varying from 14.5 to 54.44 Average Vehicle Trip Ends vs: Holes trips per hole (261 to 980 one: weekday trips per 18- holes) that were used to develop the Number of studies: IS average number of 35.74. Average Number of Holes 20 Directional Dlstnbubon: W%enlenng, 50% mating Fully one -half of the studies Trip Generation per Hole (nine) reported trip rates Avenge ebe Amr,'al Pales SvWe d De a,on less than the average, 's'° 1150 5°°° 1 12 while similarly nine re .norted values higher than the average. An examination of the actual data points for the nationwide studies reveals total daily trips for 18 -hole courses as low as :t 260. A study of Collier County private courses, which are heavily influenced by seasonal fluctuations in use, indicates that a reasonable estimate of average daily traffic is 196 trips for 18- holes. The average trip rate of 22.02 trips per hole or 396.4 trips per 18 -holes snrzanlevil ve. ul.REART uw M11}OOIifXIB- iRIF`JJU 4 ,o b b tl nn.e tur.. Ep"eeea�aa aiveu ar.. —` Try GwwelU+.BN ECK 6W inNnr MTn,WMCbonE •° NOV 14'2000 II generated by this study for the Naples Grande Golf Club is approximately 50% higher than what would be assumed for a private golf club without an off -site hotel relationship, and should be considered a reasonable estimate of the road impact of this project. The rate of 22.02 trips per hole falls within the range rates of the ITE study and more accurately represents the true road impacts of the Naples Grande than the use of the older generalized average trip rate from ITE originally incorporated into the Road Impact Fee Ordinance rate schedule against which his project was assessed. M/5000.'AWj Vc. 011. REUY '.41 lg1NWl�L09- TRIF�34N Ll Impact Fee Calculations In the case of the Naples Grande road impact fee, the only "challenge' to the road impact fee calculation assessed under the previous code involves the trip rate. No issue is taken with the assessable trip length (4.2 miles) or the percent new trips (100 %). The 8.3 trips-per acre rate used in the code schedule is unrealistic and has no basis for application in this case. Collier County has developed a Road Impact Fee Calculation Worksheet (Figure 2) that includes all of the necessary variables and formulas to accurately calculate the appropriate fee for any land use set of variables. By substituting the trip rate of 396.4 per 18- holes, a new road impact fee of $50,362.87 is derived for the Naples Grande Golf Club. The Road Impact Fee Worksheet is attached. 396.4 4.2 0.09201 Lane Mi/Day IV. COMPUTE GROSS IMPACT COST Figure 2 Gross Impact Cost 1 ESTABLISH CRITERIA $78.592.18 V. COMPUTE CREDIT Naples Grande Golf Club A Fixed Critena Total Tnp Length - ' Tabogallon 11.854 - Credit - Miles/gallon AIL Fee (Peak ADT) 1. Lane Capacity 8.665 tops per day 2. Construction Cost §854,170 per lane -mile 3. Fuel Tax 50.123 per gallon 4. Fuel Efficiency 18 miles per gallon 5. Present Worth Factor 25 years Ld 7% 6. Number of work days per year 365 7. Interstate Mileage Reduction 4% B. Variable Criteria ^ 1. Trip Generation Rate 396.40 Tnp Ends Per 1 &Holes Goff Course 2. Percent new trips 100% 3. Size of Faality(i e.,sq.f ,acres, seats) 1 4. Trip Lengths. Total 4.9 Assessable 4.2 II. COMPUTE TRIP ENDS PER DAY Generation Rate Size Percent New Trips = Trip Ends /Day 39640 1 100% = 3964 TE'a /Day 3964 per 1 &holes 22.02222222 per hole III. COMPUTE LANE MILES PER DAY TE's I Day Assessable Tnp [i - Interstate Mileage Lane MU Day Length Reduction] _ Lane Capacity (8.685) 2 396.4 4.2 0.09201 Lane Mi/Day IV. COMPUTE GROSS IMPACT COST Lane Miles0ay Costlane mile = Gross Impact Cost 0.09201 {854,170 = $78.592.18 V. COMPUTE CREDIT Work Days/Year TE'slDay. Total Tnp Length - ' Tabogallon 11.854 - Credit - Miles/gallon 1 2 365 - $0.123 11.654 - $28,229.31 VI. COMPUTE NET IMPACT FEE' Gross Fee - Credit - Net impact Fee $78;592.18 - $28,229.31 - $50,362.67 All RI based upon hip generation of 391 PSWDT.0 18 Holes MrzO� -ia933 yo 01r.PE"I N412"31 -ret nIFIUN - AG6: �L.yA �;TL NO X /N1 NOV 4 2600/0 EXECUTIVE SUMMARY RECONSIDERATION PURSUANT TO ORDINANCE NO. 81 -54 OF A REQUEST TO SUBMIT AN ALTERNATIVE ROAD IMPACT FEE CALCULATION FOR GOLF CLUB OF THE EVERGLADES OBJECTIVE: For the Board of County Commissioners to give staff direction regarding the request from Golf Club of the Everglades to submit an alternative road impact fee calculation. CONSIDERATION: The facility is a limited membership, private golf club, not open to the general public. The club's purpose is strictly a golf function and it does not contain tennis courts, swimming pools, or other trip generating amenities commonly associated with a country club. The Site Development Plan for Golf Club of the Everglades was approved on November 18, 1999. An alternative fee calculation was submitted on February 8, 2000 but it was not in compliance with the ordinance. The trip generation data did not come from a generally accepted standard source of transportation engineering or planning information or from a transportation impact study. The developer was notified of the problem and is in the process of preparing an alternative calculation based on data from an appropriate source. It is the opinion of staff that the petitioner has substantially met the filing requirements for an alternative fee calculation pursuant to Section 2.03 of the Road Impact Fee Ordinance. The fee was paid on April 28, 2000 in the amount of $98,072.00 based on a revised acreage figure of 92.0 acres (adjusted from 261.8 acres). The revised acreage figure was based on documentation provided by McAnly Engineering and Design, Inc. The adjustment reflects the subtraction of preserve areas and lakes and was based on the same criteria approved by the Board for Naples Heritage Golf and Country Club on September 12, 2000. Staff agrees with the revised acreage figure. Previous Board Action to Be Reconsidered: On September 26, 2000, the Board approved the petitioner's request for approval to submit an alternative road impact fee calculation. The Board also gave after - the -fact approval of the above referenced adjusted acreage figure that was used to calculate the fee paid under protest. FISCAL IMPACT: The $98,072.00 paid under protest was based on 92.0 acres at the ordinance rate of 51,066 /acre. The funds were deposited in District No. 6 Road Impact Fee Trust Account (Fund 338). If the Board accepts an alternative calculation resulting in a lower fee, the County would be required to refund the difference to the developer. GROWTH MANAGEMENT IMPACT: Road impact fees are an important funding source for transportation system capital imp'rovemen'ts identified in the Capital Improvement Element of the Growth Management Plan. ZGEW; NOV 1 4 ,DOO Golf Club of the Everglades — Page 2 RECOMMENDATION: That the Board of County Commissioners give staff direction regarding the petitioner's request to present an alternative fee calculation for the Golf Club of the Everglades. That the Board give staff direction regarding the revised acreage figure of 92 acres previously approved on September 26, 2000, which was used to calculate the fee paid under protest. SUBMITTED BY: Date: Phillip R. Tindall, Impact Fee Coordinator APPROVED BY: Date: John IVI. Dunnuck, II, Interim Administrator Community Development & Environmental Services Division AGEN I LJ No. / NOV 14 2000 pg. V COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION 2800 North Horseshoe Drive Naples, Florida 34104 September 2, 2000 Phone (941) 403 -2385 Fax (941) 403 -2395 Mr. Clyde C. Quinby Golf Club of the Everglades 3775 Airport Pulling Road North, Suite B Naples, Florida 34105 VIA FACSIMILE on September 2, 2000 and VIA COURIER on September 5, 2000 RE: Road Impact Fees - --Golf Club of the Everglades Dear Mr. Quinby: On February 8, 2000, your engineers, McAnly Engineering and Design, Inc., submitted an alternative road impact fee calculation for the subject golf course reflecting a net fee of $26,733.17. Section 2.03 of the Ordinance requires that a hearing be held within thirty (30) calendar days of the date the petitioner submits the request. However, after reviewing the submitted materials, we advised you that the data upon which the fee was based did not meet the standards of the Road Impact Fee Ordinance. Since staff would not have been able to recommend approval, the hearing was not scheduled. The basis for the alternative fee was a trip generation rate of 113 trip ends per day. In order to use variable data such as this, which is derived from an independent source, the independent source must meet one of two criteria. It could be a generally accepted, standard source of transportation engineering or planning information, such as Trip Generation, 6a` Edition, published by the Institute of Transportation Engineers, or it could be a local study. If a local study is used, it must be supported by a database adequate for the conclusions contained in the study and must be performed by a professional engineer. Unfortunately >the -sourm of the trip -- - -- - -- generation data used in youralternative fee.calculation -did not meet either of these criteria: - - It is necessary that we bring this matter to a final resolution, thus, a hearing will be scheduled for the September 26 regular Board of County Commissioners meeting. In this hearing, staff will ask the Board to make a- determination as to whether Golf Club of the Everglades is eligible to submit an alternative fee calculation at all. The fact that the fee was paid under protest as well as the fact that you previously made, in good faith, an attempt at an alternative fee calculation will be taken into account. The fee was paid under protest on April 28, 2000. Prior to that, IvkAnly Engineering delivered to my office a scale drawing of the subject golf course supporting a revised acreage figure of -92:0 acres. This represents an adjustment of 169.8 acres for preserve areas and lakes. T e &nENDF 1--M utero, AICP, Administrator 4 2000 www.co.co lier. .us - Road Impact Fees —Golf Club of the Everglades Page 2 amount paid under protest, $98,072.00, was based on this revised acreage figure. The amount paid was $181,06.80 less than the amount due cited in the April 11, 2000 internal audit report. We have since discussed the issue with the Clerk of the Circuit Court and the County Attorney, and have concluded that the Board must approve such a revised acreage figure before we can use it to calculate your road impact fee. At the September 26 review hearing, we will also ask the Board to rule on your request for a revised acreage figure. If the Board decides against the use of a revised acreage figure, the $181,006.80 will become due and must be paid within thirty (30) calendar days from the date of the hearing. r Please let me know if I can be of any assistance. I can be reached at 403 -2369. Sincerely, llip mdall, Impact Fee Coordinator prtNAC cc: Board of County Commissioners The Honorable Dwight E. Brock, Clerk of the Circuit Court -- Thomas W. 011ifly County Manager ✓David C. Weigel, Esq., County Attorney Vincent A. Cautero, AICP, Administrator, Community Development & Environmental Services Division dorm Feder, AICP, Administrator; Transportation Division ✓Ramiro Manalich, Esq., ChiefAssistant County Attorney 'Robert Mulhere, AICP, Director, Planning Services Department -' Robert Byrne, Director, Internal Audit Department ✓Tom Kuck, P.E., Engineering Review Manager - -galph Reinert, John Musto, Toll Brothers, Inc. ✓Judy Miller, Revenue Manager AGJiA I EXECUTIVE SUMMARY RECONSIDERATION PURSUANT TO ORDINANCE NO. 81 -54 OF A REQUEST TO SUBMIT AN ALTERNATIVE ROAD IMPACT FEE CALCULATION FOR NAPLES LAKES COUNTRY CLUB OBJECTIVE: For the Board of County Commissioners to give staff direction regarding the request from Heidt and Associates, Inc., representing Toll Brothers, Inc., to submit an alternative road impact fee calculation for Naples Lakes Country Club. CONSIDERATION: The Site Development plan for Naples Lakes was approved on November 2. 1998. An alternative fee calculation was submitted on November 9. 1999 but it was not in compliance with the ordinance. The trip generation data did not come from a generally accepted standard source of transportation engineering or planning information or from a transportation impact study. The developer was notified of the problem and is in the process of preparim, an alternative calculations based on data from an appropriate source. It is the opinion of staff that the petitioner has substantially met the filing requirements for an alternative fee calculation pill scant to Section 2.03 of the Road Impact Fee Ordinance. The fee was paid under protest on May 8. 2000 in the amount of $118539.00. Previous Board Action to Be Reconsidered: On September 26. 2000, the Board denied the petitioner's request for approval to submit an alternative road impact fee calculation. FISCAL IMPACT: The $118,539.00 paid under protest was based on 111.2 acres at the ordinance rate of $1,066 /acre. The funds were deposited in District No. 2 Road Impact Fee Trust Account (Fund 333). If the Board accepts an alternative calculation resulting in a lower fee, the County would be required to refund the difference to the developer. GROWTH MANAGEMENT IMPACT: Road impact fees are an important funding source for transportation system capital improvements identified in the Capital Improvement Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners give staff direction regarding the petitioner's request to present an alternative fee calculation for Naples Lakes Country Club. AGENDA i?: LM NOV Naples Lakes Country Club — Page 2 SUBMITTED BY: Kl__ Date: Y Phillip R. Tindall, Impact Fee Coordinator REVIENVED BY: "'71LIL Date: Judy Iv iller, R venue Manager APPROVED BY: �.. /,(uxyll�t`._ . Date: CC John M. Dunnuck. 1I1. Interim Administrator Communit} Dev °elopment & Environmental Services Division ZA�� COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION September 2, 2000 Mr. Richard H. McCormick, P.E. Director of Engineering, Ft. Myers Office Heidt and Associates, Inc. 6326 Presidential Court Ft. Myers, Florida 33919 2800 North Horseshoe Drive Naples, Florida 34104 Phone(941)403 -2385 Fax(941)403 -2395 VIA FACSIMILE on September 2, 2000 and VIA COURIER on September 5, 2000 RE: Road Impact Fees — Naples Lakes Country Club Golf Course Dear Mr. McCormick: On February 29, 2000, on behalf of your client, Toll Brothers, Inc., you submitted an alternative road impact fee calculation reflecting a net fee of $50,823.79. Section 2.03 of the Ordinance requires that a hearing be held within thirty (30) calendar days of the date the petitioner submits the request. However, after reviewing the submitted materials, we advised you that the data upon which the fee was based did not meet the standards of the Road Impact Fee Ordinance. Since staff would not have been able to recommend approval, the hearing was not scheduled. The basis for the alternative fee was a trip generatio, rate of 400 trip ends per day. In order to use variable data such as this, which is derived front an independent source, the independent source must meet one of two criteria. It could be a generally accepted, standard source of transportation engineering or planning information, such as Trip Generation, 6a' Edition, published by the Institute of Transportation Engineers, or it could be a local study. If a local study is used, it must be supported by a database adequate for the conclusions contained it, the study and must be performed by a professional engineer. Unfortunately, the source -of the trip -- generation data used in your alternative fee calculation did not meet either of these criteria. It is necessary that we bring this matter to a final resolution, thus, a hearing will be scheduled for the September 26 regular Board of County Commissioners meeting. In this hearing, staff will ask the Board to make a determination as to whether Naples Lakes Country Club is eligible to submit an alternative fee calculation at all. The fact that the fee was paid under protest as well as the fact that you previously made, in good faith, an attempt at an alternative fee calculation will be taken into account. Please let me know if 1 can be of any assistance. I can be reached at 403 -2369. ncent A. Cautero, AICP, Auministrator WWW.CO A 2000 ��lier. us Road Impact Fees — Naples Lakes Country Club Sincerely, i �� Phillip R. and ,Impact Fee Coordinator prtNAC cc: Board of County Commissioners Page 2 The Honorable Dwight E. Brock, Clerk of the Circuit Court Thomas W. 011iff, County Manager David C. Weigel, Esq., County Attorney Vincent A. Cautero, AICP, Administrator, Community Development & Environmental Services Division Norm Feder, AICP, Administrator, Transportation Division Ramiro Manalich, Esq., Chief Assistant County Attorney Robert Mulhere, AICP, Director, Planning Services Department Robert Byrne, Director, Internal Audit Department Tom Kuck, P.E., Engineering Review Manager Ralph Reinert, John Musto, Toll Brothers, Inc. Judy Miller, Revenue Manager EXECUTIVE SUMMARY RECONSIDERATION PURSUANT TO ORDINANCE NO. 81 -54 OF A REQUEST TO SUBMIT AN ALTERNATIVE ROAD IMPACT FEE CALCULATION FOR CEDAR HAMMOCK COUNTRY CLUB OBJECTIVE: For the Board of County Commissioners to give staff direction regarding the request from U.S. Home Corp. to submit an alternative road impact fee calculation for Cedar Hammock Country Club. CONSIDERATION: The Preliminary Work Authorization for Cedar Hammock was approved on May 1. 1999. An alternative fee calculation was submitted on March 28, 2000 but it was not in compliance with the ordinance. The trip generation data did not come from a generally accepted standard source of transportation engineering or planning information or from a transportation impact study. The developer was notified of the problem and is in the process of preparing an alternative calculation based on data from an appropriate source. It is the opinion of staff that the petitioner has substantially met the filing requirements for an alternative fee calculation pursuant to Section 2.03 of the Road Impact Fee Ordinance. The fee was paid under protest on February 4, 2000 in the amount of $103,402.00. Previous Board Action to Be Reconsidered: On September 26, 2000, the Board approved the petitioners request for approval to submit an alternative road impact fee calculation. FISCAL IMPACT: The $103,402.00 paid under protest was based on 97.0 acres at the ordinance rate of $1,066 /acre. The funds were deposited in District No. 2 Road Impact Fee Trust Accoura (Fund 333). If the Board accepts an alternative calculation resulting in a lower fee, the County would be required to refund the difference to the developer. GROWTH MANAGEMENT IMPACT: Road impact fees are an important funding source for transportation system capital improvements identified in the Capital Improvement Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners give staff direction regarding the petitioner's request to present an alternative fee calculation for Cedar Hammock Country Club. Cedar Hammock Country Club — Page 2 SUBMITTED BY: Date: Phillip k. Tindall. Impact Fee Coordinator REVIEWED BY: Date: Jude 1 tiller. venue Manager J APPROVED BY: A� Date: I t C ohn M. Dunnuck. Ill. Interim Administrator jCommunity Development K Environmental Services Division NOV 2000 s COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION 2800 North Horseshoe Drive Naples, Florida 34104 Phone (941) 403 -2385 September 2, 2000 Fax (941) 403 -2395 Mr. John R. Campbell Division Vice President South Florida Land Division U.S. Home Corporation 10491 Six Mile Cypress Parkway Ft. Myers, Florida 33912 VIA FACSIMILE on September 2, 2000 and VIA COURIER on September 5, 2000 RE: Road Impact Fees —Cedar Hammock Golf Course Dear Mr. Campbell: On March 28, 2000, Metro Transportation Group, Inc. submitted an alternative road impact fee calculation on behalf of Cedar Hammock Golf Course. The calculation reflected a net fee of $31,618.88. Section 2.03 of the Ordinance requires that a hearing be held within thirty (30) calendar days of the date the petitioner submits the request. However, after reviewing the submitted materials, we advised the project manager that the data upon which the fee was based did not meet the standards of the Road Impact Fee Ordinance. Since staff would not have been able to recommend approval the hearing was not scheduled. The basis for the alternative fee was a trip generation rate of 248 trip-ends per day_ In order to use variable data such as this, which is derived from an independent source, the independent source must meet one of two criteria. It could be a generally accepted, standard source of transportation engineering or planning information, such as Trip Generation, 61' Edition, published by the Institute of Transportation Engineersror.it could -be alocal study. -If alocal - - study is used, it must be supported by a database adequate for the conclusions contained in the study and must be performed by a professional engineer. Unfortunately, the source of the trip generation data used in your alternative fee calculation did not meet either of these criteria. It is necessary that we bring this matter to a final resolution, thus, a hearing will be scheduled for the September 26 regular Board of County Commissioners meeting. In this hearing, staff will ask the Board to make a determination as to whether Cedar Hammock is eligible to submit an alternative fee calculation at all. The fact that the fee was paid under protest as well as the fact that Cedar Hammock previously made, in good faith, an attempt at an alternative fee calculation will be taken into account. Please let me know if I can be of any assistance. I can be rzached at 403 -2369. cent A. Cautero, AICP, Administrator www.co 'GOG t Road Impact Fees —Cedar Hammock Golf Course Sincerely, / PhllI dall, pact Fee C/ d prt/VAC Page 2 cc: Board of County Commissioners The Honorable Dwight E. Brock, Clerk of the Circuit Court Thomas W. 011if� County Manager David C. Weigel, Esq., County Attorney Vincent A. Cautero, AICP, Administrator, Community Development & Environmental Services Division Norm Feder, AICP, Administrator, Transportation Division Ramiro Manalich, Esq., Chief Assistant County Attorney Robert Mulhere, AICP, Director, Planning Services Department Robert Byrne, Director, Internal Audit Department Tom Kuck, P.E., Engineering Review Manager Mr. Ted Treesh, Senior Transportation Consultant, Metro Transportation Group, Inc. Mr. Tony J. Squitieri, Project Manager, Banks Engineering, Inc. Judy Miller, Revenue Manager NOV EXECUTIVE SUMMARY RECONSIDERATION PURSUANT TO ORDINANCE NO. 81 -54 OF A REQUEST TO SUBMIT AN ALTERNATIVE ROAD IMPACT FEE CALCULATION FOR OLD COLLIER GOLF CLUB OBJECTIVE: For the Board of County Commissioners to give staff direction regarding the request from Agnoli. Barber and Brundage, Inc. (AB &B), representing Collier Development Corporation. to submit an alternative road impact fee calculation for Old Collier Golf Club. CONSIDERATION: The facility is a limited membership, private golf club, not open to the general public. The club's purpose is strictly a golf function and it does not contain tennis courts, swimming pools, or other trip generating amenities commonly associated with a country club. The Site Development Plan for Old Collier was approved on December 20, 1999. An alternative fee calculation was submitted on February 21, 2000 but it was not in compliance with the ordinance. The trip generation data did not come from a generally accepted standard sourc_ of transportation engineering or platming information or from a transportation impact study. Tt:_ developer was notified of the problem and is in the process of preparing an alternative calculation based on data from an appropriate source. It is the opinion of staff that the petitioner has substantially met the filing requirements for an alternative fee calculation pursuant to Section 2.03 of the Road Impact Fee Ordinance. The developer sent staff a letter dated May 25, 2000 stating that they intended to pay the fee under protest using impact fee credits. The fee was paid on June 19, 2000 in the amount of $107,772.60 based on a revised acreage figure of 101.1 acres (adjusted from 222.7 acres). The revised acreage figure was based on documentation provided by AB &B. The adjustment reflects the subtraction of preserve areas and lakes and was based on the same criteria approved by the Board for Naples Heritage Golf and Country Club on September 12, 2000. Staff agrees with the revised acreage figure. Previous Board Action to Be Reconsidered: On September 26, 2000, the Board approved the petitioner's request for approval to submit an alternative road impact fee calculation. The Board also gave after- the -fact approval of the above referenced adjusted acreage figure that was used to calculate the fee paid under protest. FISCAL IMPACT: The $107,772.60 paid under protest was based on 101.1 acres at the ordinance rate of 51,066 /acre. The funds were deposited in District No. 1 Road Impact Fee Trust Account (Fund 331). If the Board accepts an alternative calculation resulting in a lower fee, the County would be required to refund the difference to the developer. GROWTH MANAGEMENT IMPACT: Road impact fees are an important funding source for - transportation - system capital impi, ements identified in the Capital Improvement Element of the Growth Management Plan. Old Collier Golf Club — Page 2 RECOMMENDATION: That the Board of County Commissioners give staff direction regarding the petitioner's request to present an alternative fee calculation for Old Collier Golf Club. That the Board give staff direction regarding the revised acreage figure of 101.1 acres approved on September 26. 2000. which was used to calculate the fee paid under protest. SUBMITTED BY: Date: Phillip R. Tindall. Impact Fee Coordinator APPROVED BY: (-. Date: John M. Dunnuck, III, Interim Administrator Community Development & Environmental Services Division ;A COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION September 2, 2000 Mr. Michael J. Bruet Development Manager Collier Development Corporation 3003 Tamiami Trail North Naples, Florida 34103 2800 North Horseshoe Drive Naples, Florida 34104 Phone(941)403 -2385 Fax(941)403 -2395 VIA FACSIMILE on September 2, 2000 and VIA COURIER on September 5, 2000 RE: Road Impact Fees--Old Collier Golf Club (FKA Tract 21 Golf Course) Dear Mr. Bruet: In February 2000, your engineers, Agnoli, Barber & Brundage, Inc. (AB &B), submitted an alternative road impact fee calculation on behalf of Old Collier Golf Club. The calculation reflected a net fee of $26,257 based on a trip generation rate of 164 trip ends per day. Section 2.03 of the Ordinance requires that a hearing be held within thirty (30) calendar days of the date the petitioner submits the request. However, in a letter dated June 1, 2000, I advised Mr. Dominic Amico of AB &B that the data upon which the fee was based did not meet the requirements of the Road Impact Fee Ordinance. Since staff would not have been able to recommend approval, the hearing was not scheduled. As stated above, the basis for the alternative fee was a trip generation rate of 164 trip ends per day. In order to use variable data such as this, which is derived from an independent source, the independent source must meet one of two criteria. It could be a generally accepted, standard source of transportation engineering or planning information, such as Trip Generation, 6u' Edition, published by the Institute of Transportation Engineers, or it could be a-local- study If a.- -- local study is used, it must be supported by -a database adequate for the conclusions contained in the study and must be performed by a professional engineer. Unfortunately, the source of the trip generation data used in your alternative fee calculation did not meet either of these criteria. It is necessary that we bring this matter to a final resolution, thus, a hearing will be scheduled for the September 26, 2000 regular Board of County Commissioners meeting. In this hearing. staff will ask the Board to make a determination as to whether Old Collier Golf Club is eligible to submit an alternative fee calculation at all. The fact that the fee has been paid under protest as well as the fact that there has been a good faith attempt at an alternative fee calculation will be taken into account. Vincent A. Cautero, www.co 2QOC Y Road Impact Fees —Old Collier Golf Club Page 2 The fee was paid under protest on June 19, 2000. Prior to that, AB &B delivered to my office a scale drawing of the subject golf course supporting a revised acreage figure of 101.1 acres. This represents an adjustment of 121.6 acres for preserve areas and lakes. The amount paid under protest, $107.772.60, was based on this revised acreage figure. The amount paid was $129,625.60 less than the amount due cited in the April 11, 2000 internal audit report. We have since discussed the issue with the Clerk of the Circuit Court and the County Attorney, and have concluded that the Board must approve such a revised acreage figure before we can use it to calculate your road impact fee. At the September 26 review hearing, we will also ask the Board to rule on your request for a revised acreage figure. If the Board decides against the use of a revised acreage figure, the $129,625.60 will become due and must be paid within thirty (30) calendar days from the date of the hearing. Please let me know if I can be of any assistance. I can be reached at 403 -2369. Sincerely, P Ilip R. T' 11, pact Fee Coordinator prtNAC cc: Board of County Commissioners The Honorable Dwight E. Brock, Clerk of the Circuit Court Thomas W. 011iff, County Manager David C. Weigel, Esq., County Attorney Vincent A. Cautero, AICP, Administrator, Community Development & Environmental Services Division Norm Feder, AICP, Administrator, Transportation Division Ramiro Manalich, Esq., Chief Assistant County Attorney Robert Mulhere, AICP, Director, Planning Services Department Robert Byrne, Director, Internal Audit Department Tom Kuck, P.E., Engineering Review Manager Mr. Dominic J. Amico, P.E., Agnoli, Barber & Brundage, Inc. Judy Miller, Revenue Manager AUTHORIZATION TO AWARD BID # 00 -3162 "CONSULTANT SERVICES FOR CONSOLIDATED PLAN," A COMPREHENSIVE DOCUMENT DETAILING A THREE TO FIVE -YEAR STRATEGIC PLAN ENCOMPASSING COMMUNITY DEVELOPMENT AND HOUSING ASSISTANCE GOALS TO BE ADDRESSED THROUGH HUD's ANNUAL CDBG GRANTS OF APPROXIMATELY $1.938 MILLION, TO BE SUBMITTED TO HUD AS PART OF THE APPLICATION PROCESS FOR URBAN COUNTY STATUS. OBJECTIVE: To recommend to the Board of County Commissioners, for their consideration and approval, the award of RFP # 00 -3162 "Consultant Services for Consolidated Plan" and to authorize staff to negotiate a contract with Florida Planning Group, Inc., a consulting service of Jacksonville, Florida, for the purpose of compiling information for the compilation of a Consolidated Plan to be submitted to HUD as part of the application process for Urban County status. CONSIDERATIONS: In 1998, Collier County successfully challenged the U.S. Bureau of Census and proved that its current population projection was above the HUD threshold of 200,000 to qualify for Urban County status. The Census, however, failed to notify HUD of the update and Collier County was not invited to apply for Urban County status for the purpose of being designated as a recipient of Entitlement Community Development Block Grant (CDBG) funds. On August 21, 2000, HUD notified us that we qualified for Urban County status, based on revised population figures. Part of that process is the submission of an application to HUD, as well as the preparation and submission of a substantial document called the Consolidated Plan, a three to -five year strategic plan encompassing community development and housing assistance goals to be addressed through HUD's annual CDBG grants of approximately $1.938 million. On September 26, 2000, the Board approved submission of an application to HUD for Urban County qualification for participation in the Community Development Block Grant (CDBG) program for fiscal years 2001 -2003 ( #2000 -339). A major component of this application is the Consolidated Plan, which normally takes approximately one year to prepare. Given the late notice from HUD, Collier County is out -of- cycle. This situation makes it necessary to hire a consultant who has experience preparing HUD- approved Consolidated Plans. The sooner we submit the Consolidated Plan to HUD, the sooner we start receiving the funding for FY 2001. A Scope of Services and RFP documents were completed and an advertisement for proposals was made on September 8, 2000. Proposals were due on October 6, 2000. Of the two proposals received by the submission deadline, one was found to be non - compliant. The selection committee met on October 10, 2000 and by consensus, decided to recommend that the Board of County Commissioners re- advertise "Consultant Services for Consolidated Plan" to obtain competitive proposals, in the best interests of the County (Board of County Commissioner's meeting on October 24, 2000, item (16a10). NOV 14 2000 A re- advertisement for proposals was made on October 10, 2000. Out of the four proposals received by the due date and time on November 3, 2000, the Selection Committee reviewed three and met on November 6, 2000. Subsequent to this meeting, on November 9, 2000, it was found that an additional proposal had been inadvertently overlooked. The proposing firm, Corradino, had properly submitted the proposal by the deadline. The additional proposal was delivered to the Selection Committee members for evaluation, and the Committee reconvened to re -score and discuss all proposals. As a result of the meeting and by consensus, the Committee has ranked the firms as follows: 1. Florida Planning Group, Inc. 2. Community Redevelopment Associates 3. Corradino 4. PBS &J Negotiations will commence with the top - ranked firm and a contract will be presented to the firm for signature. GRQWTH MANAGEMENT IMPACT: This is a step towards receiving Community Development Block Grant funds from HUD which can affect several policies and objectives of the Housing Element of the Growth Management Plan. FISCAL IMPACT: This contract will be funded from the General Fund - Other Contractural Services (Fund 001- 138710). The total amount anticipated to be funded annually by HUD is $1.938 million. The total amount for the Consulting firm would be reimbursed from CDBG Administration funds when the notice of funding is received and that account is established with Finance. RECOMMENDATIONS: That the Board of County Commissioners award # 00 -3162 "Consultant Services for Consolidated Plan" to Florida Planning Group, Inc. and to authorize the Chairperson to sign a standard County Attorney approved contract for the compilation of information for the submission of the Consolidated Plan to HUD as part of the application process for Urban County status. NOV 14 2000 SUBMITTED BY: Date: 111971 o Susan E. Alden, M anager Housing and Urban Improvement // 2 REVIEWED BY: _ Date: !1 24 Greg Mihalic, Director Housing and Urban Improve ent �z 'y 'd APPROVED BY. ' Date: ll 9 C Steven Y. Carnell, Director Purchasing Department APPROVED BY: /� Date: John M. Dunnuck II Interim Administrator Community Develo ment & Environmental Services TABULATION FOR RFP # 00 -3162 "Re- Advertisement for Consultant Services for HUD Consolidated Plan" DATE OF RFP ADVERTISEMENT: 10/10/00 RFP DUE: 11/03/00 3:00 P.M. NO. OF INQUIRIES SENT: 193; VENDORS REQUESTED FULL PACKAGE: 14 Pronoser Citv, State Original + 4 Covies Florida. Planning Group, Inc. Jacksonville FL 32256 X Yes No Community Redevelopment Associates of FL Pembroke Pines, FL X Yes No PBS & J Miami, FL X Yes No CORRADINO Miami, FL X Yes No Yes No Yes No Yes No Yes 0 No Yes No ed by Witness Nov 112000 EXECUTIVE SUMMARY REPORT TO THE BOARD REGARDING A PROPOSED JOINT PERMIT APPLICATION FOR CONSTRUCTION OF A PRIVATE MEMBERSHIP BEACH CLUB AND PUBLIC BEACH ACCESS FACILITIES AT BAREFOOT BEACH PRESERVE OBJECTIVE: To obtain Board direction to proceed with one or more of the options outlined in this Executive Summary. CONSIDERATIONS: On June 13, 2000, Mr. Donald Pick-worth, representing Mr. Paul Harvey, petitioned the Board to participate with his client as a co- applicant for state and federal permits to construct certain private and public beach access facilities on private property located at the Barefoot Beach Preserve. Planned beach access and recreational facilities include a boat docking facility, boardwalks, outdoor shelter and deck facilities, a private 3 -level beach club recreational facility which will include an air - conditioned full service restaurant, restrooms, shower facilities, changing and locker room facilities and offices. A food and beverage concession, restroom facilities, outdoor deck area and a beach access crossover is planned to be made available to members of the general public. The site proposed for this project is the only remaining privately owned parcel of land in the Barefoot Beach Preserve. The State of Florida owns all other lots in the vicinity of this lot. The State owned lots are managed by the Collier County Parks and Recreation Department under the terms of a formal Land Management Plan entered into in 1990 between the County and the State. The primary objective of the Management Plan is to protect the Preserve's natural resources. Public access for recreation as a secondary use is also allowed under the Plan. The subject site is zoned Conservation District (CON). Section 2.2.17. Lof the Collier County Land Development Code (LDC) reads: "The purpose and intent of the Conservation District (CON) is to conserve, protect and maintain vital natural resource lands within unincorporated Collier County that are owned primarily by the public. " [Underline added for emphasis.] The district lists seven permitted uses that, as expressly permitted uses, are deemed to be consistent with the purpose and intent of the district. Of these seven permitted uses, only parks are required to be publicly owned. Open space and recreational uses are expressly permitted uses in the district. The LDC does not define the term "recreational uses," but does provide a definition of "usably; open space." The definition of "usable open.space" includes active or passive recreation areas such as playgrounds, golf courses, beach frontage, waterways, lagoons, floodplains, nature trails and other similar open spaces. The definition does not require tt at such open space be in public ownership. To the extent that the principal function of ths, proposed private beach club is to provide open spare, beach access and recreational beach use, and that T" ttcg-. _:�t, uses are clearly accessory to that principal use of the land, it may be considered a permitted use. A single - family residence is also a permitted use for the property. Staff research indicates that a private road easement exists that would allow vehicular ingress and egress from the subject property across State lands to the north, up to the intersection with Bonita Beach Road. Based upon staffs analysis of this proposed project, the Board may wish to consider one or more of the following options: Approve the project in concept and agree to participate with the petitioner as a co- applicant for the required permits. Considerations: • The County will be required to submit to the State a request to amend the existing Management Plan no later than November 17, 2000. The proposed amendment could be presented to the State's Acquisition and Restoration Council on December 18, 2000 for final determination. • Binding legal agreements will need to be executed so as to preserve the public beach access facilities in the event the private beach club ceases operation or the building is ever converted to a single family residence. • The County will be required to contract with the private beach club operator for the operation of the public beach concessions. • The "preserve characteristics" of this private lot will change rather dramatically. 2. Decline participation in the proposed project and opt instead to direct County staff to construct a more "modest" public beach access project. Considerations: • 1 nis project could be constructed on County property further north in the park in a manner that would utilize existing public concession and restroorn facilities, as discussed during the budl;et process; or it could be located on State property (with State consent) in the southem end of the preserve. • The scaled -down project would provide for general public beach access to persons who are transported to tf a dock ng facility via a boat shuttle. The cost of the project would be borne by the County, with possible cost shay ng by the S Agende Item ar Nov 1 ` 2004 • The County would be required to submit a request to the State to amend the existing Land Management Plan. 3. Purchase the property from the current owner. Considerations: • The Board could attempt to acquire the subject property and keep it in its current condition; develop it for public beach access or deed it back to the State in exchange for full reimbursement of all costs of acquisition. 4. Acquire the property through eminent domain. Considerations: • If purchase negotiations are unsuccessful, the Board could seek to acquire the property through its powers of eminent domain. Options for development or disposition of the property would be the same as those outlined in alternative # 3 above. FISCAL IMPACT: The developer has committed to apply and pay for all permits and construction required for the docking facility and boardwalks to the private beach club and the boardwalk extension to the beach access point for members of the general public. The developer has further agreed to obtain and pay for permits for the drainfield(s) for the public and private restrooms. The County's costs for this proposed joint venture have not been determined at this time. GROWTH MANAGEMENT IMPACT: To the extent that any of the options outlined above may enhance the public's ability to access and use the beach, this item is consistent with and furthers Objective 1.3. of the Recreation and Open Space Element of the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners direct staff to pursue one or more of the options presented herein. SUBMITTED BY: Date: Leo E. Ochs, Jr. Public Services Administrator Agenda 'te, No _ fb1 _ NOV 41 7,000 P 9 • __.�- DONALD A. PICKWOATH, RA A'rTORti EY AT LAW SUITE 602 NEWGATE TOWER 5150 NORTH TAMIAMI TRAIL NAPLEs, FLORIDA 34103 (941) 263 -8060 August 11, 2000 Thomas 011iff County Administrator 3301 E Tamiami Trail Naples, FL 34113 Leo Ochs Public Services .Administrator _301 E. Tamiami Trail Naples, FL 3=1112 FAX (941) 598 � 1161 Re: Construction of Beach Facilities, Parcels 26 and 20A, Gulf to Bay Estates Gentlemen: This letter is a follow -up to our recent meeting regarding the facilities my client, Paul Harvey seeks to construct on the above described parcel, along with public beach facilities he vill obtain permits for. As a result of the meeting, we want to clarify the facilities that will be constructed on Harvey's private property so there will be no misunderstanding as to what is intended.. The intent is to construct a private recreational facility that will be available only to members. The membership may be limited only to residents of a particular development or guests of a particular hotel, or membership may be available to members of the public at large, much like a country club membership. The beach club will contain some or all of the following facilities: 1. A docking facility and boardwalk to the beach club property with -a boardwalk extension to the north (or south) of the property for public access to the beach. Dock will be approximately 100 feet long to accommodate 40 foot shuttle vessels. Dockage use by private]) ow tied vessels will not be allowed. 2. Beach club recreational facilities to include but not limited to, air - conditioned restaurant built within the allowable heights established by the LDC,restrooms, shower facilities, changing. and locker room facilities and offices. Tht re will be outdoor and deck facilities, both covered and uncovered including areas for shelter, outdoor grill areas, outdoor shuffle boar Agenda Item NOV 1 4 10( Pg.- horseshoe area, storage area for beach implements such as umbrellas and chairs. There may also be a cottage for the caretaker /security guard. We will commit to no more than 4,500 total square feet of air conditioned space. which is much less than the square footage of a single family home that can be built on the site. The respective duties and obligations of the developer and county respectively will be as follows: Developer NN ill: 1. Apply and pay for all permits and construction required for the docking facility and boardwalks to the beach club and the extension to the public beach to the north or south of the beach club, as desired by the County, and obtain, at developer's expense, permits for the drainfield(s) for the public and private restrooms. 2. Prohibit use of the existing road easement from Bonita Beach Road to the beach club by members to access club. Members, employees, and supplies will be transported by shuttle to the club, and the easement will only be used for delivery of equipment and services that cannot be transported by water shuttle . 3. Provide access and dockage for emergency vehicles. 4. Provide mooring balls on the nilf side for vessels to anchor off beach for beach access The area in front of the property is designated as a boat anchorage in the state management plan. Mooring balls veould provide a safe anchorage while slowing the destruction of sea life caused by anchors dragging the bottom. 5. flake dockage m ailable at the Cocohatchee River Marina concession for public shuttle. Collier County Neill: 1. Apply as a joint applicant with developer for State and Federal permits required for r :b'.:. and mi, at- `ac:la:es 2. Amend current concessionaire agreement to allow for lease of commercial dockage and use of dockage for beach shuttles. 3. Approve site plan for beach club as described above. We believe this arrangement has a number of advantages over the alternative use of the property, which is the construction of a single family home. First, it provides a means of public access to the southern end of the county beach park, which is seriously under -used, without requiring intensive use of the road easement, as would be the case with a home. Second, it provides fora means of lawful access to all parts of the county park. Currently, members of fie public and County park personnel are cutting through the private property and ha fP13Gl lgendn LLC P' V 1 4 2000 erected years ago by the owner. If the property is used as a home, this mill ha% e to cease. if the property is used as a beach club, there will be a designated area for access, and appropriate documents will be given to assure this access. Please let us know if this is acceptable. If you need further information, or have other questions, please give me a call. Thank you for your assistance in this. y et��ily yours / Donald A Yii��ortit Fne1�„u,� CC: Paui Haney A;je0d I � So.. -- U i ?�OV 1 4.2�3G j P9,��_� - -- l ice SNURu: 4j a 0,,�, "'t °L I! L� I I I II II I F � III. II'Il li � i"1 � y�2R1N EIE�� J 1 ' � I 1 I , � SER limas E 1 I PALIn TatEf I � 1 . Agendacctgter Cw�T CG CYO EYILO 4i' -_.__O U l - 1 NOV 1 4 9G 'fib S j 5} 1 yyy 4 3�'. �'4?. J &w��x 3i . =� 4�e'•�t t1 �w a v' � x�' J'v4 M • ' -� 3 y��K ' v SITE i+ w a a ^� + � l 9 t ,�s V�k4 °r5 • tr t� y 4 j •• yi LL., jT�l �4 �y� \r�• Vj f ' `iJ LL ryY}M`yyi +, /0/�� C. J Alt'.. 4 N+ Y 5u 18 M, DATE OF PHOTOGRAPH: 8 -2 -98 EXECUTIVE SUMMARY APPROVAL OF REVISED BUDGET AMENDMENT POLICY OBJECTIVE: To determine the budget amendment policy that will allow the Board of County Commissioners and the County Manager to manage the County's budget in the most cost- effective and efficient manner. CONSIDERATION: To most effectively use the skills available in the Office of :Management and Budget (OMB), staff members have been performing management analysis projects during the off - season. One of the assigned projccis was an evaluation of the existing budget amendment policy. This was an appropriate project given the volume of budget amendments processed annually and the time associated with their review and processing. The Iast change to the current budget amendment policy was made on .Apri l 17, 1990. A matrix on the following page summarizes the Current and Proposed Budget Amendment Approval Authority required for budget amendments of varying dollar amount and type. The staff recommendations contained in this Executive Summary and staff report were revic\sed and approved by the Count} Attorney's Office Lind the County's Finance Director. Also attached is the OMB staff report recommending revisions to the current budget amendment policy. A summary of all budget amendments previously approved on the budget amendment report that v,ill now be approved administratively by the County Manager will be available to the Board to review in order to maintain appropriate checks and balances. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. FISCAL IMPACT: There should be sonic fiscal savings but it is indeterminate what that amount sill he due to the fact that the number of budget amendments varies from year to year. Examples of how the savings would be obtained are listed below. • Routine items could be removed from the weekly agenda and costs associated with preparing and printing the weekly agenda would be reduced. Processing time for these budget amendments will be improved by up to \ +eeks. • Budget amendments that recognize grants, donations, contributions, or insurance proceeds current]v approved at public hearings would now be approved by resolution, resulting in decreased advertising costs. RECOMMENDATION: That the Board make the following changes to the budget amendment policy: • Grant the County Manager administative authority to approve routine budget amendments up to $50.000 within the same fund and division and not impacting reserves. Routine budget amendments up to $50.000 that cross divisional lines in the same fund will still require approval on the Budget Amendment Report. • Approve reserve reductions up to $25,000 on the budget amendment report. • Approvc decreases to reserves in excess of $25,000 by Executive Summary. • Approve budget amendments recognizing grants, donations, contributions, or insurance proceeds by Resolution, in accordance with Florida Statutes, SUBMITTED BY. i , �� '; E C Date:--4 Cz Randy Gre'enylald, Office of Management and Budget REVIEWED BY. Date:_(_/ ` Y Michael Smykawski. Budget Director AGENDA'.TEM APPRO\'EDB Date:_ _ No._ A :LEI Thomas 011iff, Co r anager NOV t 4 2000 cg Matrix of Current and Proposed Budget Amendment Approval Authority Current Budget Current Proposed Amendment Types Approval Authority Approval Authority Resolution 86 -8. • Less than $2,500 and not impacting reserves or recognizing revenue. Budget Amendment Repor • Decrease to reserves of S10,000 or less. • Budget amendments of 550,000 or less within same ftmd and division. • Budget amendments of $50.000 or less within same fund but different division. i Executive Summary • Decrease to reserves in excess of 510.000. • Budget amendments greater than S50,000 (including increases to capital projects, • New positions and/or new services. • Appropriate rev ue from grants. donations )r contributions, or insurance proceeds *. • Appropriate unanticipated revenue *. County Manager BCC via Budget Amendment Report BCC via Budget Amendment Report BCC via Budget Amendment Report. Board of County Commissioners via Executive Summarv. Board of County Commissioners via Executive Summary, Board of County Commissioners via Executive Summary Board of County Commissioners. Currently also via public hearing *Board of County Commissioners via public hearing. County Manager or designee. BCC via Budget Amendment Report. Approval authority delegated to the Count\ Manager or designee. I BCC via Budgct Amendment Report. • Decrease to reserves — (SI to S15.000). Board of County Commissioners via Budget Amendment Report. • Decrease to reserves — (in excess of $25.000). Board of County Commissioners \�ia Executive Summary. Board of County Commissioners via Executive Summary Board of County Commissioners via Executive Summary Board of County Commissioners. *Also via separate Resolution. '`Board of County Commissioners x iet flu 6fr NOV 1 2000 Pg. —.. c COLLIER COUNTY GOVERNMENT BUDGET AMENDMENT POLICY REVISION REPORT Submitted: September 29, 2000 Prepared By: Randy Greenwald, Budget /Management Analyst II Approved By: Michael Srnykowski, Budget Director �} i y(; 8 U !, q j NOV 3 O '; /iU.ii.. I4 3 BUDGET AMENDNIENT POLICY REVISION Project Goal: To determine the appropriate hudeet amendment police which will allo�c the Board of County Commissioners and the Count% Manager to manage the County's hudzet in the most cost- effective and efficient manner. Current Budget Amendment Police: The Board of Count Commissioners adopted the current hudget amendment policy on March 19. 1985. The policy �Nus amended on Januars 21. 1986 reflecting approval of Resolution 86 -8. The final police rec ision was approved on April 17. 1990 and chungcd the requirement tier an Executicc Summary when �xithdrawin« resci\c funds from 5'_S.OU(l to $10,000. Policy hiLlih-hts arc sunimaiizcd hclo\\ . All exl'CLlt)%C ,umnwry is required for: • An increase in the total revenues 01 a fund in an amount Deer �0MOO unless the additional revenues will he placed in a reserve account. • An increase in a capital project over 550,000. Withdrawals liom reserves in excess of $10,000. Reoi ganizations. reclassifications, and other increases in an organization in an amount Deer 525,000 • Requests for new positions. Such request's will he accompanied b} an estimate of the total cost including fringe benefits and associated operating expenses. \cw services and other issues discussed by the Board, which will have a budget impact over $25.000 and will include an estimate of the t� :A cost. • All budget amendments in amounts of less than $2,500 except for reductions to reserves require only the approval of the County Manager. Reductions to reserves require Board approval regardless of amount. (Resolution 86 -8) • If the actual cost of any of these items is greater than the estimate by more than 2091. the Board of County Commissioners will be notified before a budget amendment is approved. Sources of Information: The information used for this study was Oathered through di,.ussions vith various members of the county staff and from the 1999 Florida Statutes (Title XI, Chapter 129.06 Execution and amendment of budget). Additionally, five counties went surveyed to determine what types of budget amendment . policies were in use in counties similar to Collier County. The live counties were .Alachua, Charlotte. Lee. Manatee. and Sarasota. AGENDA IT M s �0V - 2000 w Statutor° Guidelines The Florida Statutes (Title XI, Chapter 129.06.2) does allow approval of certain budget amendments by someone other than the Board. It states that "The board of county commissioners, ho"ever, may establish procedures by \chich a designated budget officer may authorize certain intradepartmental budget amendments, provided that the total appropriation of the department may not be changed ". It is important to note that no monetary limits are stipulated and it is at the discretion of the Board to determine those limits. Florida Statutes I?9.06(3)(d). 1-19.06(2)(c), and 129.06(2)(f) further authorizes the Board to amend the budget as follo\� s: ' -A receipt of a nature from a source not anticipated in the budget, included but not limited to grants, donations. gifts. or reimbursements for damages. may. by resolution of the board spread on its minutes. he appropriated and expended for that pwpose, in addition to the appropriations and expenditure, prodded for in the budget. Such receipts and appropriations must be added to the budget of the proper fund. The resolution may amend the budget to transfer revenue bcmeen funds to properly account for unanticipated rep enue." "Increased receipts for enterprise or proprietary funds received for a particular purpose may. hy resolution of the board spread on its minutes, be appropriated and expended for that purpose, in addition to the appropriations and expenditures provided for in the budget. The resolution may .upend the budget to transfer revenue bethveen fund, to properly account for increased receipts." "If an amendment to a budget is required for a purpose not specifically authorized in paragraphs (a) - (e), unless otherwise prohibited by law, the amendment may be authorized by resolution or ordinance of the board of county commissioners adopted folloH in-, a public hearing." Survey Results from Similar Counties The budget amendment policies varied considerably among the counties surveyed. Four of the five counties surveyed grant some degree of approval authority to the County , Manager or the Budget Director. Results of this survey are summarized in the following t,ib e and narraticc. CAGENDA !T -EtV NOV 1 4 2D00 Counh Delegate Some AuthoritN to ONIB Director Delegate Some Authoritc to County manager Alachua X X Charlotte X* Lee X Manatee X S:irusuta — ' Requires aubaeyue]It review and approval by Chmiotte BCC. The Board of County Commissioners must approve all budget amendments in Sarasota County: there is no dcicuated authority to tither the Budget Director or the County ManaRcr. Charlotte County allows the County Manager to approve inv intradepartmental amendments up to S 10.000, but the amendments are subsequently reviewed Lind ratified by the Board of County Commissioncrs. Alachua. Manutce and Lee counties delegate certain authority to the Budtiet Director. In these counties. the Budget Director is authorized to approye all budget amendments within the same expenditure categories, funds and divisions provided that they do not increase the appropriation. Alachua County further permits the County Manager to approve transfers between major expenditture categories, divisions and/or activity codes v, ithin the same division. The Boards of County Commissioners must approye all other budget amendments in each respective county. Review of FY 99 Budget Amendments Processed — Collier County Further information was gathered through an analysis of all budget amendments processed in Collier County during Fiscal Year 1999. There were 465 budget amendments submitted that year, but only 413 were actually processed. The remaining 52 budget amendment requests were voided during the review stage. Administrative Approval There were twelve (12) budget amendments approved administratively that simpk . estabhshed a project number for fiscal monitoring to an existing approved budget appropriation. _, 1iMort Authority - Administrative APn-oval Pursuant to section 620.01 of the Airport Authority Administrative Code, budget t.mendments that do not increase the total Airport Authority Operations Fund (415) fir tfie AGEND 4'.TEPh Airport Authority Capital Fund (496; budgets do not require approval by the Board Pf %y, �— i N O h ? 4 2000 p Countv Commissioners. There were thirty -one (31) budget amendments approved that met the criteria outlined ahove. Administrative Approval -Resolution 86 -8 The County Manager, under the authority granted via Resolution 86 -8, administratively approved thin} -seven (37) budw amendments. As noted previouslV, Resolution 86 -8 grants administrative authority to the County Manager for all budget amendments in am,)Lints less than S 2.500 except for reductions to reserves. Reductions to reserves require Board approval icaardless of amount. (Resolution 86 -8) Budget Amendment Report The Buard of Count Commissioners approved sixty -nine (69) hudget amendments included on the budget amendment report. This report is a consent agenda item suhmitted as part of the t\cice- monthly County Commission meetings. Of these 69 budget amendments. 38 05.11-( I were reductions to reserves of 510,000 or less. BudL,ct .AmendmenU AU-irmcd via Executive Summary The remaining '64 budget .unendmentu were suhmitted for approval kith Lill executive summar%. Assumin�� T\\0 County Commission meetings per month. there is an averuLe of I I executive summaries per Board meeting that involve budget amendments. Of these hudget amendments 144 reduced reserves h_v x arvins degrees. 100 recognized additional revenue. and 20 reallocated existing budget appropriations. There were 144 budget amendments processed that invoked the use of reserves. The table below summarizes the number of budget amendments processed from reserves and I urther stratified hl dollar amount. Amountot'Budget Amendments from Reserves Number of Budget Amendments Processed $10.000 or less 17 $10,001 - $25,000 34 $25,001 - $50,000 26 $50,001 or more 67 Total _ 144 Of the 264 budget amendments approved via °xecuti -ve Summary, 100 recognized unanticipated revenue. As a result. the Board also ratified these budget amendments after a quarterly public hearing. The Count current practice is to conduct one public hearing each quarter foral] --- -• -- budget amendments that involve an increase in revenue. As a result, 29 of the 100 AGENDA budget amendment: that recognized additional revenue did not actually require a. 4 iVQVV � Z��CI public hearing, but could have been approved via resolution on a quarterly basis. This is based on Florida Statute I29.06(2)(d) as noted below. "A receipt of a nature from a source not anticipated in the budget, included but not limited to grants, donations, gifts, or reimbursements for damages, may, by resolution of the board spread on its minutes, be appropriated and expended for that purpose, in addition to the appropriations and expenditures provided for in the budget. Such receipts and appropriations must be added to the budget of the proper fund. The resolution may amend the budget to transfer revenue between funds to properly account for unanticipated revenue." Finallc- there tiere 20 budget amendments appro ed via Executive SUnlnli11A that did not impact icsen'es or iccog *size additional revenue. but merely reallocated existing budget appropriations. Inmlications of Revising the Budget Amendment Poliev The preceding data indicates that there is a significant amount of Board and staff time committed to processing budget amendments. Prior to submission to the Board, all hudgct amendment requests are re%iewcd by the Department Director. the Division Administrator, the Budget Office, the County Manager's Office, and by the Finance Department before being approved and processed into the system. During the review process. the budget amendments are carefully analyzed to ensure that they are valid, reasonable and necessary. As noted previously. this process resulted in 5'_ budget amendment requests in FY 99 that were voided following staff review. The Board has expressed the desire to consolidate routine agenda items being presented for their approval. This was demonstrated by the Board's shifting the budget amendment report to the consent agenda and by implementing the Summary Agenda. In keeping kith that expressed desire. it is reasonable that the budget amendments submitted to the Board Should only be those budget amendments that actually require Board approval per Florida Statutes. Many of the budget amendments that are currently submitted to the Board could reasonably and legally be approved by the County Manager. The County's current policy requires that budget amendments decreasing reserves by more than $10,000 be submitted to the Board with an executive summary. Budget amendr-rents of $10.000 or less are submitted to the Board for approval on the Budget Amendment Report. If the limit in FY 99 a ere $25,000, there would have been 14 fewer Executive Summaries required, If the limit had been $50,000 there would have been 20 fewer Executive Summaries required. For budget amendments that do not affect reserves, the County's current policv requires all budget amendments greater than $50,000 to be submitted for approval with nn executive summary, In FY 1999 there were 20 budget amendments submitted to the Board with an executive summary that involved transfer of funding within the game r A L [A r M NJ� 'i 2UP division and did not affect the total budget of that division. In accordance �N ith Florida Statute 139.06. the Board can delegate approval authority to a designated budget officer for those types of budget amendments. As noted previously. the County's current practice is to conduct a quarterly public hearing for all budget amendments that involve an increase in revenue. Florida Statute 129.06 does not require this step to recognize all unanticipated revenue. Twenty -nine (29) of the hudget amendments that were approved after a public hearing in FY 1999 could have been approved by resolution. Summary and Recommendations: Using the analysis of the data collected it appears that the County could make a more cost effective Lind efficient use of the Boards time by revising the current Budget Amendment Policy. The effects of changing the adopted Budget Amendment Policy are summarized helON. Counts Manager Administrative Authoritv Under the current hudget amendment policy, the County Manager has discretionary authority as defined in Resolution S6 -S and is limited to budget amendments under S2.500 and not impacting reserves. As noted in this report, there were sixty -nine (69) budget amendments approved on the t\\ ice monthly Budget Amendment Report. Of these 69 budget amendments. 3S (55.1 t7r ) were reductions to reserves of $ 10.000 or less. Statutory guidelines do not provide the latitude to delegate approval authority for reserve reductions to the County Manager. These budget amendments are thoroughly analyzed to guarantee that they are valid. reasonable and necessary before they are submitted to the Board for approval. Due to the intense pre - screening and routine nature of these budget amendments, the Budget .Amendment Report has always been approved as part of the consent agenda. In addition, the County Manager is already delegated authority to approve routine items during the Board's summer recess period. Through this delegated authority, the County Manager has already demonstrated appropriate restraint in exercising this additional discretionary authority. Recommendation: Grant the County Manager additional administrative authority. as provided for in the Florida Statutes. in approving routine budget amendments that are currently approved on the Budget Amendment Report AGENDA'rEY E vc S G (J Items currently included on the Budget Amendment Report that would nose be approved administratively by the County Manager include the follosvine: • Budget amendments of $50.000 or less within the same fund and division (includin�L, capital projects) not impacting reserves or appropriating supplemental revenue." Granting this additional authority will provide County staff greater flexibility in managing their respective hudgets. A side benefit of implementing this chunoe is the decreased time period required to implement routine hudgetury changes. Due to the timing of the Current aLenda cvCle, del:ns of up to three syeeks are encountered. "tote: In accordance vwith Florida Statutes, there is no delegation of authority for budget amendments that increase total division appropriations within the same fund. As such budgct amendments of S50,00 or less syithin the same fund but crossing division bOandatieS syill still require approval on the Budget Amendment report. Approval Required for Reserve Reductions The current budLIet amendment polies requires Board approval of am_ reductions to rescrye Hind,. If the reserve reduction is S 10.0011 or IeSS, the budget amendment is approved on the Budget Amendment Report. A reduction to reserves in excess of $10,000 requires an Executive Summary. Prior to April 17, 1990 an E.xecutiye SUlnmta } was required for a budget amendment that decreased reserves bs' S35.000. The April 17, 1990 budget policy revision reduced this threshold from `;;"_'5,000 to $10,000. Recommendations: • The Board swill approve reserve reductions up to $35,000 on the budget amendment report. • Buds *et amendments decreasing reserves in excess of $35,000 will require an Executive Summary. Based on FY 99 data, there would have been 14 fewer Executive Summaries if the threshold lot- budget amendments decreasing reserves were changed from 510,000 to 535.000. AGENDA !l -�M L NOV £5L 14 2008 Budget Amendments Approved bN Public Hearing As noted preciously. budget amendments that increase revenue receised for a particular purpose in enterprise or proprietary funds and unanticipated revenue from grunts, gifts, donations, or insurance proceeds received for a particular purpose maybe approved by resolution of the Board of Counts Commissioners. Based on FY 99 data. twenty -nice (29) budget amendments could haye been approsed bs resolution of the Board_ rather than bs public hearing. It should be noted that the above numbers are based on what occurred in FY 99. Actual number, �yould differ from _year to dear. If any or all of these actions are approved. routine items could he removed from the Boards agenda and costs associated kith preparing and printing the weekly agenda could be reduced. Additionally. the Counts would save adsernsing costs for budget amcndmenu approved Lit public hcarin-'s. that �%ould novv be approsed hs resolution. Statt recommends the County 'Manager approve changes to the Budget Amendment Policy outlined above and foncurd the reyi,ed polies to the Board of County Commissioners for adoption. Prepared by: Randy Greemvald. Budget Analyst Approved by: J�— Nfiic}hael Smvkowski. Budget Director Approved by: Thomas W. 011iff, Cov tv`Manager Date: Date: l / -3 Date: t A- c�—} _. END IT No _- NOV ` u 2006 NOTICE OF CLOSED ATTORNEY- CLIENT SESSION Notice is hereby given that the Board of County Commissioners of Collier County, as announced at the October 24, 2000 Board meeting, and pursuant to Section 286.011(8), Florida Statutes, will meet in executive (closed attorney - client) session on TUESDAY, NOVEMBER 14, 2000, at 2:00 p.m. or at the conclusion of the regular meeting agenda, whichever occurs later in the Commission conference room, 3rd Floor, W. Harmon Turner Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The Board in executive session will discuss: Settlement negotiations and/or strategy related to litigation expenditures of the pending litigation case of BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, v. COASTAL ENGINEERING CONSULTANTS, INC., a Florida corporation, MICHAEL F. STEPHEN, Ph.D., an individual, MICHAEL T. POFF, P.E., an individual, CONTINENTAL CASUALTY COMPANY, an Illinois corporation authorized to do business in the State of Florida, T.L. JAMES & CO., a Louisiana corporation authorized to do business in the State of Florida, HIGHLANDS INSURANCE COMPANY, a Texas corporation authorized to do business in the State of Florida, Case No. 00- 1901 -CA -THB, pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida. Persons in attendance will be the Board of County Commissioners, County Manager Thomas W. 011iff, County Attorney David C. Weigel, Assistant County Attorney William E. Mountford, and outside counsel Steven M. Siegfried of Siegfried, Rivera, Lener, De La Torre & Sobel, P.A. The entire session shall be recorded by a certified court reporter. The reporter shall record the times of commencement and termination of the session, all discussion and proceedings, the names of all persons present at any time, and the names of all persons speaking. No portion of the session shall be off the record. The court reporter's notes shall be fully transcribed and filed with the entity's clerk within a reasonable time after the meeting. The session shall commence at an open meeting at which the persons chairing the meeting shall announce the commencement and estimated length of the attorney - client session and the names of the persons attending. At the conclusion of the attorney- client session, the meeting shall be reopened and the person chairing the meeting shall announce the termination of the session. The Board shall then proceed to hear Agenda Item 9(B), Board direction regarding settlement negotiations and strategy related to litigation expenditures including budget amendment for outside counsel expenditures in the Case OF BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, v. COASTAL ENGINEERING CONSULTANTS, INC., a Florida corporation, MICHAEL F. STEPHEN, Ph.D., an individual, MICHAEL T. POFF, P.E., an individual, CONTINENTAL CASUALTY COMPANY, an Illinois corporation authorized to do business in the State of Florida, T.L. JAMES & CO., a Louisiana corporation authorized to do business in the State of Florida, HIGHLANDS INSURANCE COMPANY, a Texas corporation authorized to do business in the State of Florida Case No. 00- 1901 -CA -THB, pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida. The transcript shall be made part of the public record upon conclusion of the litigation. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES D. CARTER, Ph.D., CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/ Maureen Kenyon Deputy Clerk (SEAL) AGENDA IT �] N0. — _ NOV 14 2000 pg. 1 EXECUTIVE SUMMARY BOARD DIRECTION REGARDING SETLEMENT NEGOTIATIONS AND STRATEGY RELATED TO LITIGATION EXPENDITURES INCLUDING BUDGET AMENDMENT FOR OUTSIDE COUNSEL EXPENDITURES IN THE CASE OF BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY V. COASTAL ENGINEERING CONSULTANTS, INC., A FLORIDA CORPORATION, MICHAEL F. STEPHEN Ph.D., AN INDIVIDUAL, MICHAEL T. POFF, P.E., AN INDIVIDUAL, T.L. JAMES & CO., A LOUISIANA CORPORATION AUTHORIZED TO DO BUSINESS IN THE STATE OF FLORIDA, HIGHLANDS INSURANCE COMPANY, A TEXAS CORPORATION AUTHORIZED TO DO BUSINESS IN THE STATE OF FLORIDA, CASE NO. 00- 1901- CA -THB, PENDING IN THE CIRCUIT COUR OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA. (COMPANION ITEM TO ITEM 9A, TO BE HEARD IMMEDIATELY AFTER ITEM 9A.) OBJECTIVE: That the Board provide direction to the County Attorney regarding settlement negotiations and strategy related to litigation expenditures including approval of a budget amendment for outside counsel expenditures in the case cited hereabove. CONSIDERATIONS: The Board of County Commissioners, upon due consideration, directed the County Attorney to extensively review the Collier County beach renourishment project, including the contracts between the County and Coastal Engineering Consultants, Inc., and T.L. James & Co., contractor on the beach renourishment project. Upon a comprehensive review of the project, interviews with present and former County staff, a review of contracts, permits, change orders, past Board meeting discussions with the assistance of outside counsel, Siegfried, Rivera, Lerner, De La Torre & Sobel, and an engineering consultant, Coastal Planning and Engineering, Inc., the County Attorney provided a report and recommendation to the Board. The Board determined and authorized the County Attorney to pursue the County's claims against those firms in regard to the beach renourishment project, including litigation. A lawsuit, by and for the Board of County Commissioners was developed and filed against Coastal Engineering Consultants, Inc., Michael F. Stephen, Ph.D., Michael T. Poff, P.E., Continental Casualty, Co., TL James & Co., and Highlands Insurance Company, on June 2, 2000. Since then responses to pleadings, motions and limited discovery has ensued. On or about July 17, 2000, Continental Casualty Company was voluntarily dismissed from the lawsuit. Communications continue between counsel for the parties. �. An initial offer of $100,000 for settlement of the County's claims against Coastal has been offered by Coastal, and is hereby communicated to the Board for consideration and AGENDA ITEM NO. __`1Ce.)— 14 2000 Pg. __ I direction. Since the County heretofore has not made a formal specific dernand, this may be an opportune moment for the County to make a formal demand upon Coastal and/or any or all of the other defendants. Additionally, the County and the defendants may consider mediation as a method to approach possible resolution short of more lengthy, time consuming and costly litigation. To date, the County has expended $92,325.23 for the services of Siegfried, Rivera Lerner, De La Torre & Sobel. The costs and expenditures for the pre - litigation investigation, engineering report and litigation efforts to date have been reasonable and not unanticipated for complex construction litigation. It is appropriate and necessary now for the Board to approve a budget amendment in the measure and amount that provides assurance to develop and pursue the case to the courtroom, if necessary. Presently $110,000 is requested for this budget amendment, additional budget request(s) in the future may be appropriate — but that may remain for evaluation under the facts and events that unfold later. (Note: $7,674.77 of this $110,000 budget amendment represents the remaining funds which were appropriated last fiscal year but were inadvertently not rolled over into the current fiscal year.) FISCAL IMPACT: $110,000 from General Fund Reserves to the County Attorney Office budget for outside counsel and related costs for the Rocks -on- the -Beach litigation. GROWTH MANAGEMENT IMPACT: Not applicable. RECOMMENDATION: The Board of County Commissioners provide direction to the County Attorney regarding settlement negotiations and strategy related to litigation expenditures including approval of a $110,000 budget amendment for outside counsel expenditures in the case cited hereabove. Prepared . H:DavidiExe . Sum re CwH lal 2 AGENDA NO. --M4— NOV 14 2000 Pg. 01— EXECUTIVE SUMMARY REPORT ON STATUS OF AND SETTLEMENT NEGOTIATIONS IN COLLIER COUNTY V. MARSHALL, ET. AL., CASE NO. 99- 2009- CA -TB, NOW PENDING IN THE TWENTIETH JUDICIAL CIRCUIT COURT (PRESCRIPTIVE EASEMENT CLAIM FOR MILLER BOULEVARD EXTENSION) AND REQUEST FOR BOARD DIRECTION. OBJECTIVE: To report on the status of and settlement negotiations in Collier County v. Marsh, et. al., Case No. 99- 2009- CA -TB, now pending in the Twentieth Judicial Circuit Court (prescriptive easement claim for Miller Boulevard Extension) and request for Board direction. CONSIDERATIONS: In 1997, the Board directed staff to, in essence, establish an easement of record over Miller Boulevard Extension, a dirt/gravel road running between U.S. 41 and Miller Boulevard in Southern Golden Gate Estates. (See attachment 1 — minutes from 7/29/97 and 9/23/97 Board meetings.) The purpose of the Board's direction was to ensure that County and emergency vehicles might use Miller Boulevard Extension and to allow the County to seek necessary permits to fill one or more very large potholes that made travel on Miller Boulevard Extension extremely difficult or unsafe during the rainy season. After making efforts to acquire easement rights by donation, the County filed an action on June 18, 1999 seeking to establish by judicial declaration a prescriptive easement over Miller Boulevard Extension The action was filed with respect to 18 parcels that are traversed by Miller Boulevard Extension. As a result of filing that action, the County has acquired stipulated easement rights for 2 of the parcels and it has also obtained defaults against owners of 5 more of the parcels. The State of Florida owns 7 of the remaining parcels, while Florida Wildlife Federation owns 1 parcel and 3 other parcels are still in the hands of individual owners. Of the parcels remaining in the hands of individual owners, 2 of those owners have reportedly entered into a contract to sell their property to the State but the sale has been delayed due to the pending action filed by the County. It has also been reported that the remaining individual owner has sold his parcel to the Miccosukee Indian tribe although that information has not been confirmed. During the course of discovery in the case, the County has learned that, as part of its Save the Everglades project, the State is continuing forward with its plans to purchase all of the parcels traversed by Miller Boulevard Extension and to remove 130 miles of paved road in Southern Golden Gate Estates, including virtually all reads south of 66`h Avenue S.E. Among the roads designated for removal is the portion of Miller Boulevard lying south of 66'" Avenue S.E. (Please see the attachments 2, 3 and 4 tc this Executive Summary, which outline the status of the States acquisition program as of Jily 11, 2000 and also set forth the hydrologic restoration plan of Southern Golden Gate Estates as currently proposed by the South Florida Water Management District and the Army Corps of Engineers once the State has completed its acquisition program.) At this juncture, the State has acquired or is in contract to acquire 15,411 of the 19,998 parcels in the project area, including parcels over which Miller Boulevard Extension runs. (See attachment 5 to this Executi which is a map showing ownerships in the Save Our Everglades project arE a askgt WTF`4 2000.) As attachment 2 indicates, the State is currently in a phase of maki g 9ditiona1--' 9C2 NOV 2000 offers to the approximately 4,000 parcel owners that have either not responded or refused the State's initial offer for acquisition. The County Attorney has been advised by counsel for the Department of Environmental Protection that in January 2001 the State will seek eminent domain authority to acquire all remaining parcels. Because the State's Save Our Everglades project is moving forward far more rapidly than previously, it now appears that Miller Boulevard Extension will at some point in the next five years not be a viable road for any purpose. This is so because most of the roads to which Miller Boulevard Extension provides a connection will be removed and will be flooded as a result of the proposed hydrologic restoration plan. (See attachments 3 and 4 to this Executive Summary.) Pursuant to court order, a mediation of the pending court case was held on September 28, 2000. Although no recommended resolution was reached, settlement discussions among the most interested parties in the prescriptive easement litigation, i.e., Florida Wildlife Federation, the County, and the State, have continued. At this time, a possible settlement would likely need to include or address the following elements among others: 1. Waiver of the County's prescriptive easement rights in Miller Boulevard Extension. 2. Entry into a Temporary Use Agreement with the State and Florida Wildlife Federation. 3. The Temporary Use Agreement would need to allow County vehicles and emergency vehicles use of Miller Boulevard Extension until the earlier of either January 1, 2006 or the beginning of the physical removal of significant portions of Miller Boulevard in Southern Golden Gate Estates as part of the hydrologic restoration plan proposed by South Florida Water Management District and the Army Corps of Engineers. It is the County's understanding that once the State has acquired all the properties in question, it will transfer the management of these properties to the South Florida Water Management District. The State believes the physical removal of Miller Boulevard as a paved road is likely to occur well before 2006. 4. The County would be permitted to seek any necessary permits to fill significant or dangerous potholes along Miller Boulevard Extension but would not be allowed to raise the overall elevation of Miller Boulevard Extension or install any culverts or do any additional grading along Miller Boulevard Extension. 5. Interested persons would retain the ability to object to any such requested permits, although additional negotiation on th;s issue is anticipated. 6. As the State acquires new properties, the County would immediately assign any rights it has acquired either by way of default or stipulation or otherwise to the State. 7. The County would dismiss its prescriptive easement lawsuit. Nevertheless, this issue remains up in the air to the extent that at least one of the private owners is not in contract with the State and 1-as claimed that he property to the Miccosukee Indian tribe. AGEN[ A� ear. 2 pr N -V 14 2000 8. The County would remain subject to all permitting requirements to perform any filling of potholes along Miller Boulevard Extension. 9. The Temporary use Agreement would be subject to approval by the Big Cypress Basin Board and U.S. Fish and Wildlife Service in addition to the signatory parties. 10. If and to the extent allowed by law, the County would hold other signatories to the Temporary Use Agreement harmless for any liability arising from any work performed by the County on potholes. The County also would bear the cost of removing any such work to the extent required by the State or the South Florida Water Management District. Given the limitations on the work that could be performed, any such costs would likely be relatively minor. GROWTH MANAGEMENT: If the County enters into a settlement agreement along the lines outlined above, eventually it will loss all access or claim to Miller Boulevard Extension. Thus, the road would not be available for the County's use. At this time, the County prescriptive easement rights over Miller Boulevard Extension have not been judicially declared by a court. Even if those rights were declared to exist by a court, however, that will not stop the State's acquisition program or the hydrologic restoration. At most, the County would gain some unknown amount of monetary compensation for an easement that will necessarily be eradicated as part of the State's acquisition program. Accordingly, under any scenario, it appears the County will ultimately lose access to Miller Boulevard Extension. FISCAL IMPACT: Should the County proceed with the litigation, there will be a substantial expenditure of County Attorney and staff time in prosecuting the County's claim. Further, expert witnesses will need to be retained if Florida Wildlife Federation is successful in convincing the court that this case involves issues of violations of the Federal Clean Water Act and the Federal Endangered Species Act. If these issues remain in the case, it is estimated that the case from this point could easily cost $20,000 or more to prosecute to conclusion in the circuit court. Even if the County is successful, it is almost a certainty that both the State and Florida Wildlife would appeal. RECOMMENDATION: That the Board provide the Office of the County Attorney direction in light of this report on the status of the prescriptive easement litigation and related settlement negotiations as to whether to continue to pursue a settlement proposal to bring back for Board consideration or to continue to prosecute the prescriptive easement case. Prepared by: �/ " !/ ��Q� Date: Michael W. Pettit, I - — AssistantCounty Attorney Reviewed and / Approved by: _ David C. Weigel, County Attorney h:bebbie ArmstmngAE,ecutive Summa ries\MarshaI l 110600 3 Date: / /_64-4 r� AGENDA FT� NU j 4 2000 �.zy3 ATTACHMENT 1 NOV i 4 2000 r y Minutes 09/23/1997 R Page 1 of 2 Le to take that ever. COMM788IONEP. NORRIS: 7 just wanted to clarify -- see if we had - clarified the issue of that ownership, but we have not. 1 11 make a motion that we go ahead and fund the replacement of the electxle power line. _ And do you need anything else, Mr, rem)ral /r? _ CHAIRMAN HANCOCK: Thera was Some cleaning out of the pump and so forts that was associated with that outside of what would be the, there, perpetual annual maintenance. - MR. GONLALIS: Just checking to make sure the PUPP works, COIM7883ISfEP NORRIS: You wanted to Purvey the pump? MR. GONEALES: Yes. CWMISSIONIA NORRISI may, I'll add that to the motion. . Anythinq elae7 MA. GONSALEE: No. sir _ C01 7337ONER NORRIC: This electrical service will be ineide a _ cvuduit7 MA. GONDALES: Yes. COIM75570NER NORRIS. Yea, it will Okay. CCMHISSICNER MAC'NIE: Second. CHAIRMAN HANCDCK: Motion, second. Any discussion or the motion' Seeing none, all those in favor, signify by saying aye. Opposed? No reaponaeI cxba Ta N KANCOCKI Motion carries rive -Ecro, Mr. Gonzalez, Mr. Hooley, thank yo„ very much, folks. Item SBB2 RECOMMEMDATICN TO 1JPHC1D COLLIEA COUNTY BOARD OF COUNTY COMMI8sIoma 03RFLTICNG TO PROCEED WITH OUDICIALL ACTION TCFSTABL33H PRESCRIPTIVE EAEEZI RIGHTS IN FAVOR OF THE COUNTY AND THE PUBLIC OVER TIME RUM 9@131ENT KNOWN AS MILLER BOULEVARD INTENSION AND APPROACH PROPERTY OYREAS TO ODTAIN EASEMENTS BY GIFT - PRIOR DCC DIRECTICN UPHELD xxa our nest item on the agenda is Item all) P). This was removed Erma the consent agenda rogarding Miller Boulevard Extension. Mr. Muller, your life's work is before us again. MR. HULLER: Good MMID9, Cmmnieslcmere. For the record, my ,I mama is Rua& Huller. Staff is requesting that the board uphold their prior decision of July 29, 1997 to pursue proscriptive rights and acquire 60 -foot easxsaents by gift. CHAIN7/AN HANCOCK; Mr. Muller, you knoll, this iaeue has 'gotten s lot larger because I started hearing about paving the reed asd se forth. What in the minimum it takes to have: the ability to go in there and hake the road passable for emergency vehicles, because that 'a what ,I I'va been concerned about, that's what VW remalned concerned about, and this idea that it's becmainq a ysvod thoroughfare smwM9q -e down ate road or cost associated with that is not where I wanted to go. COMMISSIONER MAC'NIE: Exact dittea for ma. CCI0134IS53DNER CONSTANTINE, I don't Iffiink that I was ever -- j COMM188IONXR BERRY, I don't think :hat vas ever evm mmtioaed. I. I J' .../brow ser:html ?doc =5109 &type = image &pag e =11 &scale =fit& size = 610,1220 &c =0,0 &wrap= 11/06/2000 Minutes 09/23/1997 R CHAIRMAN HANCOCK: I'm using this as a basia for clarification because I believe "a beard was Solely fatvsed -- COIO/I88IONER MAC'NIB: It's gotten out of control. rvaiR KANWCK: -- on getting It passable for emergency vehicles and trying to avoid the permitting quagmire necessary to bring this up to above flood elevation and flood stage and all that business. so this action today, does it tske us beyond that point? KR. NULLBR: he, air, I think what we Lntend to do or what We would like to do 10 fill in one hale. One hole out there is the problem. We'd like to fill that in and that way, fire trucks, police vehiclea can -- C 233107/BR BERRY: EMS, MR. MULLER: -- EMS Can get across that one hole, CHAIR?" KANCOCK: ge're not gcinq to kill any bunnies and bugs doing this, right? Ma. NULLBR: No, air. CHAIRMAN HANCOCKi Okay, I Lust wanted to make sure. Any questions, Ms, student? Ms. STUDENT: For the record, Marjorie Student, aasistant county attorney. This is an item like you saw lest week on the Twin Eagles matter where the complaint wee filed as a prerequisite to litigation in circuit court, so we would just recommend that the board go with option i and uphold the previous decision and direct our office to defend the went if it should go that far. CAAI744AN KANCOCKi Ma. Student, the donments they made on the record about the intent, which is simply to make the road passable for emergency vehicles, I assume that will be part of the Court's aemaideratlon. Mg, STUDV7r I should certainly think it would. CHA2704AN KANCOCK: Thank you. CCMMNS5ICNtR BERRY: Mr. Chairman, I'd like to make a motion to upheld the suggestion made by the attorney. CeAIRNAN KANCOCKi Okay. Me have a motion, is there a seeond7 o"iss7am MAvmz: second. CSIAITOKAN HANCOCK: Okay, motion and a second. Any discussion? ne we have any speakers on this, I'm sorry, Mr. Fernendef? HR, FERNANDES, You have two. Mr. Al Perkins. COMMIS3IBfDR BERRY: Do you want to talk us out of it? MR. PBR%INE: No. All I want to do is say thank you W heha.. of the Hello Meade groups, AL Perkins For the belle Meade Groups, Okay. And you're doing the right thing. It seves some lives Out here. CWUPHAN HANOOCK: Thank you, Mr. Perkins. _ MR. FBRNANDDE: Mr. Ty Agustin. Sat. AGOSTINt Geed HOMIng, ledias and gentlemen. I else want to thank you for your action, however, I•d also like to say that I don't understand why the various environmental groups have aconetant hurdle in doing whatever anybody wants to do that conflicts with their agenda, an sgenda that is not published, or it iw published, but it's rut widely known: AD fax as I could see, southern Golden Gate Batatea has not been pumlased yet, and is the county policy to simply abandon all theme people dawn there? CaAlRMAN EMOOCK, - Obviously kot. MR. A00STIN: If it is not, why aren't we simply proceeding to H ./browser.html?doc =3109& type = image &page = l2 &scale= fit &size = 610,1220 &c =0,0 &wrap =11/06/2000 'Minutes 09/33/1997 R ! pave that road? You know, there ere a lot of -- the last figured that I have soon, the state hap not bought, I belleva, over two- thirdo of the owners in Southern Golden Cate Estates. They're a long Way from achieving their stated goal. I also underdt$nd that they have lost the funding for it. Consequently, there was no ammodamte solutaan. So while you're looking at a very narrow iaaue here in torme of providing occaao to emergency vehicles, there le a larger issue that's not being Addressed, and it Sean$ that we are kind of backing away from a j eemfrontation with the lvderataog of the Audubon who are here always pushing you back for one reason or the other. COMNISSICNER COASTAXTINV Mr. Agostino you're here regularly, ae 3 think You know hold L stand and new most of the beard stands -- XR. AGOSTIN: Yea, I do, and I appsh,"Ate it. CAIdISSI IQfLR OONSTANTINE: I don't think traditionally we back away from those groups on these, but in anewer to your firs$ queetiont why don't we go ahced and pave, I think you need only look in your area in the Northern Golden Gate Estates, We don't pave those roads either until there is a certain number of people living in that proximity. Quite simply, we need to take care of the safety issue j here, which it appears is the action the hoard will take, but because there are a limited number of people who are actually living there, It-9 no different than the same policy we're utlliang up in the Northa rn Golden GBLed Estates. MR. AGOSTIN: I r lice that and I appreciate your past stand on the matter. There is the fact that there were no more people living there, they couldn't put up with the various obstacles put in their way; no power, no rondo, no serviced, which in utterly unfair. COSVIISSIONER DOASTANTINEI I agree. SR. ACOSTIN, Thank yov very much, CNAIAMAN KANOOCK: Any more epeakers7 Mpo TERNANDEZ: Cne late add. me. Velme sorenaie 1phoneticj. j 03. SORENSIPI I'm Yclmn Serensao. I am past president of the Golden Gate Estates Civic Association, and I went to thank you because this is the first time we've had amn% encouragement for the people that live down there and need that road so hadlyl that, even if you're just fillang it in, it's going to help a lot. So for the people that were rnembera of the Civic Association when I was president, I'm thanking you for them because they'rB going to be very happy to know, finally, there's a little progress. even if it isn't too =an, at least it's the beginning, so thank you. CHAIRMAN HANCOCK: Thank you. MR. I'EANANDLE: That'd all we have, Mr. Chairman. CaIAIMSAN NANCOCK: We have B motion and a second on the floor. Is there any diacaasian on the motian7 Seeirq none, all those in favor, Dignify by saying aye.. opposmd4 No response.i - CAAIRia4N KANDDCKi Notion carries five —:ere. Item ;NSC1 INTERLGCAL AGREEMENT FOR.GITY- CMINTY BEACH PARKING - AGREEMENT APPROVED WITS REWRIT FOR PIPE YEAR EXTENSION AND INCRZW OR $39.400.00 WITH wnrTiCNa Page 1 of 2 ..../browser.html ?cloc =5109 &type= image &page =13 &scale= fit &size= 610,1220 &c =0,0 &w rap= 11/06/2000 July 29, 1997 Item #8B2 BOARD AUTHORIZATION T• PROCEED WITH JUDICIAL •1 •' PRESCIZIPTIVE EASEMIENT RIGHTS FOR COLLIER COUNTY AND THE PUBLIC TO A SEQ0NT OF ROADWAY KNOWN AS NILLER BOULEVARD EXTENSION AND STAFF DIRECTED TO APPROACH PROPERTY OWNERS T• DONATE FASE21ENT INTERESTS TO COLLIER COUNTY APPROVED CHAIRMAN HANCOCK: Next was an item moved from the consent agenda, item 16(B)(2). This is a request regarding the Miller Boulevard Extension and, again, for those members of the public wishing to speak on this item, the board has had a lengthy discussion on this and what we'd like to entertain at this point with the exception of Mr. Muller's statements, is any new information that can be provided that would be pertinent. Mr. Muller, good morning. MR. MULLER: Good morning. Good morning, Commissioners. For the record, my name is Russ Muller and I'm an engineer with your transportation services department. Item -- agenda item 8(B)(2), formerly 16(B) (2), is regarding Miller Boulevard Extension. A mile and a quarter unpaved road connecting southern Golden Gate Estates with US 41. There are many issues connected with this roadway, but the item before you today seeks approval to go to court and determine if the traveling public has any rights to the road, and at the same time, direct staff to attempt to acquire easements through gift. That's it. COMMISSIONER CONSTANTINE: Has anything materially changed since we last discussed this? MR. MULLER: No. COMMISSIONER CONSTANTINE: Thank you. CHAIRMAN HANCOCK: Okay. Are there any questions of Mr. Muller? There. has been some correspondence in my office that refers to the paving of Miller Boulevard Extension. What we're talking about here, as I understand it, is the minimum grading necessary to make the road passable. Is that -- MR. MULLER: That's what we'd have to go for first. CHAIRMAN HANCOCK: Okay. MR. MULLER: To see if we have rights in there to go in there and work and then go in there to make it passable and then eventually, I think your direction from last September was to pave it, that may be a permitting impossibility. CHAIRMAN HANCOCK: Right. Understanding that there may be -- we may hit some hurdles then. I think the minimum benefit we wanted was, and it came from a public safety standpoint, was to be able to get emergency equipment in there because we know there's service calls in there and we've had trucks stalled out in water. COMMISSIONER. CONSTANTINE: I suspect you -all got the same letter I did, and that's from the emergency personnel who said it can be a difference o3 between 8 or 10 minutes and 30 minutes in response time. So, clearly, there is -a need for this. CHAIRMAN HANCOCK: Okay. Let's go ahead and go to pu3liter ^r,.. �� Sd' . _ _q Page 8 2000 July 29, 1997 speakers on this, Mr. Fernandez. MR. FERNANDEZ: Mr. Chairman, the first speaker I believe had to leave because of jury duty, Nancy Payton, but she asked that her comments on the back of the form be included in the record. CHAIRMAN HANCOCK: Okay. MR. FERNANDEZ: The next is Clifford Fort. MR. FORT: I'll waive my speaking. Thank you, Commissioners. MR. FERNANDEZ: The next is Rebecca Jetton. CHAIRMAN HANCOCK: And following Ms. Jetton will be? MR. FERNANDEZ: Nettie Phillips. CHAIRMAN HANCOCK: Ms. Jetton. MS. JETTON: Thank you. I'm here representing the Department of Community Affairs, the Big Cypress Critical Area Program. My supervisor, Mike McDaniel, from the Critical Area Program has written to you expressing the Department of Community Affairs' strong concern regarding improvement to Miller Boulevard. Several years ago, Governor Chiles wrote to you stating his concern that improvements to Miller Boulevard would lead to increased traffic resulting in higher panther mortality rates and also may continue to make acquisition of southern Golden Gates more difficult. The U.S. Army Corps of Engineers have written to you in the past regarding the need for permits to fill the wetlands. U.S. Fish and Wildlife have expressed their concern for protection of panther - habitat. Federal and state funding as of this year will provide 50 million to complete the acquisition of southern Golden Gate Estates. It's anticipated that a proposed settlement agreement regarding the private lawsuit for inverse condemnation against the state will go to the government and cabinet next month and that will result in new appraisals and should also result in acquisition of the balance of the land in Southern Golden Gate Estates. All these actions will facilitate the restoration of Fakaunion Canal and when that occurs the ground water level should come back and you should have a decrease in wildfires that you're having there. The department is certainly sensitive to your concern about providing public safety to the individuals who live there. From reviewing files over the last 10 years prepared by your staff and from looking at maps that Division of Forestry has prepared, it appears to me that most of these houses are located above 52nd Street. I would request that the board appoint a work group of all the stakeholders to evaluate other access options and come back to the board in the next 30 days with their recommendation. Thank you. CHAIRMAN HANCOCK: Thank you. Do you have any questions? Thank you. MR. FERNANDEZ: Next is Nettie Phillips and then Mike Simonik. MS. PHILLIPS: Good morning. My name is Nettie Phillips, for the record. I'm supportive of Miller Boulevard Extension being further expanded, paved, whatever has to be done,. so that the users of southern Golden Gate Estates can have the use of their property or the use of that road,.a more convenient use of evacuation for health reasons, for life reasons, for the community, and, Commissioner AGEND ^ r Pa e9 OS h�'ti 1 4 2000 July 29, 1997 Hancock, I believe it was last Tuesday, I happened to catch some of the commission meeting and I couldn't help but notice that you were addressing Twin Eagles when you told those people -- well, you told some people that had some opposition to Twin Eagles project that you couldn't have the people lose the use of their property and therefore being deprived of the use of their private property rights. Well, I feel that the people in south Golden Gate Estates have the same rights, and for 12 plus years, they have been deprived of those rights. They should be able to use Miller Boulevard Extension and they should have the use of their land, as well. I mean, I'm opposed to what the government has done to them over there. It looks like they're still gonna be in limbo up to the year 2000, possibly longer. I call that the loss of use of your property and the loss of your private property rights, constitutional private property rights. CHAIRMAN HANCOCK: I think you're preaching to the choir on that one. MS. PHILLIPS: Well, okay. The state of -- the county commissioners and the State of Florida do not have to implement federal regulations. They can fight this and I'm really appalled that the communities are not more up on what's going on in our country and our rights and that our state and county governments do have the right to protect the citizenry and we do not have to implement federal rules and regulations in the state, in the county. That's really for -'Washington, D.C. and it's really for interstate commerce and they do zot really have the right to come down and implement these rules on us, especially federal mandates that are unfounded. So, I mean, I'm really upset with our communities, that they don't support our government better, so that our government would support the people to our constitutional property rights and not a legislative democracy. MR. FERNANDEZ: Next is Michael Simonik and Clifford Fort has asked to be reconsidered to speak again. MR. SIMONIK: Good morning Mr. Chairman and commissioners. My name is Michael Simonik. I'm the en-`,.ronmental policy manager for the Conservancy of Southwest Florida. We nearly have 6,000 right now. We are growing by leaps and bounds. I think it's a bull market at the Conservancy in our membership. We have 600 volunteers and 32 member boards and I'm here representing them today. I think there is new information that has been brought to light in the last few months over this issue and some of it was spoken of by Mr. Jetton about the new 50 million dollars that is being put towards she acquisition of the estates and facilitating that process and speeding it up. I think the agreement of the lawsuit is very close at hand and that will also facilitate the rest of the purchase of the property and there's an issue -- it's an issue of timing with Miller Boulevard. We're not gonna stand up here as the Conservancy and say that we oppose Miller Boulevard on the grounds that it's running through environmentally sensitive areas, because maybe in the future that's :he best place to have public access for our new safe Pi -Gt. .,A AGFNDA(TrV Page 1 NOV 1 4 2 Wo o July 29, 1997 Forest. The issue is timing. It is now not the time to put Miller Boulevard Extension in. This will not help facilitate the completion of the acquisition of southern Golden Gate Estates. So we are not objecting -- we might not object to Miller Boulevard Extension being put in once we have the completion of the acquisition. Another thing and, I guess -- well, I heard of this -- I haven't heard mention today of the alternate -- alternative road, which is the Collier Seminole State Park Road, that has limited access and it's gated and that might be used for fire and safety, too. So I haven't heard from staff on why that would cost more or why that's not a good alternative. I don't know. Maybe I can have that question answered, and then another thought is a twist on the issue, or maybe it's just a twisted thought. The Department of Forestry has been curiously silent in the Miller Boulevard Extension. As far as I know, the division is neutral on it and I don't think they're here today, but I think that they'll want a road there in the future, they just don't want one now. So, I think that's a new issue too, is that they're being silent on this. I guess with Miller Boulevard, one thing else about it is the cost of the road and the litigation and how long is it gonna take throughout all this litigation to get the road and are we gonna have the purchase done by then. So with the Division of Forestry -- another issue with Division of Forestry is, if they want the road when everything's purchased and maybe that will be in three years, about the same time the litigation ends, why is the county going to pay for their road? I guess that's my twist on it. You're gcnna put up the money now to build a road that they may want in three years when the acquisition of their state forest is done. So that's all I have on that. Thank you. COMMISSIONER MAC'KIE: I have a question for you, Michael. You said that the -- that we can delay the improvements to the road because of the acquisition project. My question is, is it the Conservancy's position that improving the road might delay the acquisition process? MR. SIZ40NIK: At this time, yes. That's our position at this time, is that it won't help facilitate -- it certainly won't help facilitate acquisition in a speedier manner. COMMISSIONER MAC'KIE: Okay. I agreed that it won't do anything to help, but how might it do something to hinder? MR. SIMONIK: It will bring public access into the area. More people may want to move into there and make it more marketable. A VOICE: Which means values go up. MR. SIMONIK: but no one is losing rights right now by not having Miller Boulevard paved. It's not been paved. A VOICE: Not yet. CHAIRMAN HANCOCK: , ?olks, folks, folks, folks, there will be no comments from the audien_e. If you'd like to speak as an at the podium, you can z =gister as a speaker if you'd lik i._• you. Any further questions? ��` 4 NOV 4 2000 Page 11 F ,_� ${111 n July 29, 1997 COMMISSIONER MAC'KIE: Well, I just would like for staff to answer the question too about Collier Seminole as -- that gated access there as an alternative. I'm not familiar enough with the roads out there to know if that's a reasonable alternative. MR. BOBANICK: For the record, Dave Bobanick, Interim Transportation Director. Commissioners, we did make a visual inspection of the State Park Road. Part of my staff went out and took a look at it. Concluded that it did lie relatively low. It needed improvements that we felt were in excess of the -- of a hundred thousand dollars. Well in excess of the $75,000 that we estimate it would take just to fill the holes on the Miller Boulevard Extension. So we did make an inspection of it and felt it would cost significantly more just to bring the road up to make conditions where it was passable for emergency vehicles. MR. SIMONIK: Can I ask one more question? CHAIRMAN HANCOCK: Quickly. MR. SIMONIK: Is there any litigation involved with using the Collier Seminole State Park? We have to go through that. CHAIRMAN HANCOCK: I c ^n't understand the -- COMMISSIONER MAC'KIE: At a cost. COMMISSIONER NORRIS: Is it a public road easement, is what he's saying. MR. BOBANICK: We've not identified -- it's a road over public- - -lands. It's not a public road -- CHAIRMAN HANCOCK: Okay. MR. BOBANICK: -- as far as we know. CHAIRMAN HANCOCK: Thank you. No, ma'am. No, ma'am. Excuse me. Oh, I'm sorry. Okay. We have so many people that charge the microphone after certain speakers, so -- MR. FERNANDEZ: Clifford Fort and then Al Perkins. MR. FORT: I'm sorry. I wasn't going to speak until I heard Ms. Jetton speak with the DCA. My name is Clifford Fort. I'm president of the southern Golden Gate Utilities Association and Director of Broken Wing Ranches located in sections 1 and 12, township 50 south, range 29 east. It appears to me from the comments that are being made here, it is flagrantly overt the politics that are becoming involved here and you, as commissioners, have been dealing with that for a long time, trying to give us a fair shake out there. Unfortunately, you're kind of put in a tough position because you have all this pressure, but, you know, the health, safety and welfare of the citizens and the residents of southern Golden Gate is a priority. You know, remember when those stop signs went out there and everybody said they're going to be shot down? Well, you know, several people turned up dead and the other day, despite Ms. Jetton's comment regarding anybody living south of 52nd, that is absolutely fallacious. I would invite Ms. Jetton to come out to my ranch. We've got a beautiful home built cut there. I've sold five, five acre tracts, an,3 "Sy the way, we're gonna ha-,e about three permits for three 3,000 ,quare foot homes coming out there. AGEN ^A tTC .c z Page 12 NOV 1 4 2001) 0 } � 1 �r, -.. a_! -Z-- __ July 29, 1997 The utilities have been confirmed, and it's real simple, you know, nobody wants us to be able to get in and out of there, and you -all are gonna be the first ones to bite the bullet when somebody doesn't get rescued in there and there's times when those roads -- when those vehicles are out there, the only way to come in there is Miller. Well, I wish you -all would go out there and take a look at Miller and see if you were in trouble and you had to get out there. We're stuck. One way in and one way out. They open up that access, they're aware of the utilities and this is a flagrant effort by the state and by the environmental groups to drive those values down and it's presumed here this is a done deal, because there's 50 million dollars. Well, I'll be glad to give you newspaper articles where they've been call -- people have been calling going, "Wow, you've got 50 million dollars. I'm ready to sell." Sight unseen they're being offered a thousand dollars an acre and told their land might be appraised lower, if it's appraised. Now, nobody in their right mind would think that that's a square deal, and nobody would think that we're getting a fair shake out there. So I really hope this thing's being sorted out 'cause you -all have heard the same tune. I've heard it for 10 years. For 10 years we've been trying to get an off of Miller, and then they'll have us rotting out there for another 10 years because there's not been one commitment to commend that -- to condemn that area. We have a right to ingress and egress, and we have a right to our safety and I hope that you will remain firm on this. Thank you so much. MR. FERNANDEZ: Al Perkins and then Mary Dunavan. CHAIRMAN HANCOCK: I appreciate that Mr. Fort. I should have asked you halfway through, that, you know, again, we -- some things that we've already heard, let's try to curtail those things. MR. PERKINS: Good morning, Commissioners, ladies and gentlemen and people at home. You've heard it all before. I'm only going to skim across the top, try to refresh your memory on some of this stuff. I don't know whether I said my name or not. Al Perkins, Belle Meade Grours. I've been pushing on this because of the fact that we've had fatalities out there due to the negligence of the State of Florida and the DEP, the Department of Internal Plunder. The Conservancy sits up here this morning and tells us all about how wonderful they are. They instigated some of the lands being put on the CARL list, which they in turn are being funded through Natures Conservancy, which goes through the B:.c Cypress Basin Board. They end up with money. They're getting paid. They are subcontractors. They pick up 14.5 in administrative costs, The Natures Conservancy picks up an add:.tional three percent profit margin. These people are paid lobbyists. I'd like know if they':ce registered paid lobbyists. They're here getting paid. I'm not getting paid. I'm here on behalf of a bunch of working people who can't get away from their jobs because they're trying to make ends meet_ You talk about the fire out there I heard rt,ar't:his morning. ,Pa e 13 NCV 1 2000 0 012 `3 . _ July 29, 1997 feah, right. Division of Forestry took 'em -- almost burnt clear to Sabal Palm Road because they took and started a controlled burn that got away from them. Fire trucks were coming from North Naples and all the way up in Estero, down 75, had no place to go except back up and around and they couldn't get through. We're talking about an hour's worth of time lost. That in distance in a fire, in a heated fire 45 feet high, you just lost a lot of animals, a lot of property, a lot of fences and God knows what else. The time, the labor, the amount of money that was spent to try to control that thing and put it out, you people paid for it. You perpetuated their jobs. The panther, great old panther. They packed them up shipped them off to canned hunts in Texas. That's where you pay to kill a panther for a monument or a -- CHAIRMAN HANCOCK: Let's remind ourselves of that. We need to come back on -- MR. PERKINS: Right. Okay. Access to the Picayuane Strand State Park. This needs to be addressed, because if you're gonna have a park in there, how the heck do you get to it? At the same time too, and I'm going to drive this home, the evacuation routes from Marco Island, Goodlette, Fiddler's Creek, all along 41, the farmers, and also with the Port of the Islands, how do you get out of there in time? And don't tell me you're gonna use 41. Don't tell me you're gonna use 75 and as far as 951 goes, you're gonna be backed up all the way to the Immckalee Road, and if you have accidents, you are going to have a big -)roblem all over. You're gonna perpetuate the problem. Collier Seminole State Road. Okay. Dead ends on private property and it's also controlled by the DEP, which would put more hurdles in the way. They bought property on Miller Boulevard along with the Wildlife Federation and the Forestry just to hinder the improvement of Miller Boulevard. Now, the next thing they'll want to do is most likely they'll wnat to mitigate it. T"cat's called extortion in my language, and as far as the stipulated settlement went, it's time to take -- totally get rid of that. All it has done is kill some of my friends. With that, water heights. I need to address that. When you take and create enough water out there, you're gonna have panthers dying because there's nothing for it to feed on. You're gonna have all the animals that run across the ground, dead. You're gonna increase the mosquitoes here for encephalitis, and if you don't believe me, if you read the paper about the bear over on Port Royal, what was it doing there? Because it didn't have anyplace to eat, nothing to eat. When you do that out there, you're gonna move all those animals in town and, hopefully, they'll all end up at the Conservancy having lunch. I would like this board to approve this, if for no other reason, to :gave lives. Save lives. Do the right thing for a change. Save some lives in this community, because that's basically what we're all about. With that, I'll quit. Thank you for your indulgence. MR. FERNANDEZ: Mary Lunavan and then Tina McDonald. MS. DUNAVAN: Good morning, Commissioners. My name is Mary -- Dunavan and I'm speaking for myself and Al touched a lot of things that I was going to speak can, but I would like to upport the fixing AGEg1)A R� NN 1 2000 age 14 0 013 0 July 29, 1997 up of Miller Boulevard and the fires do burn animals and it does burn their habitat, and if there's no access to fight the fires, then we are not doing right by the animals, let alone the humans that live in that area and the humans are taxpayers in this county, so with that, thank you very much. MR. FERNANDEZ: Tina McDonald and Vilma Cirincione. MS. MCDONALD: Good morning. My name is Tina McDonald. I represent Collier Cattle Corporation and Tropical Ranch Properties. We feel that it is the board's responsibility to address the priorities most prevalent, which is the health and safety and welfare of the citizens and the property owners in the southern Golden Gate area. In the summertime, Jane's Scenic Drive is usually flooded. There was only one way out to the south. Wildfires to the north would trap the residents. We feel that if Miller Boulevard were put in a condition where people could get in and out, and not being trapped in there, would be most beneficial. The wildlife that's there is gonna cross Miller Boulevard, but we need to get our fire safety people in there, our firefighters, our emergency services, that we are entitled to as taxpayers. Thank you very much. MR. FERNANDEZ: Vilma Cirincione and Brad Cornell. MS. CIRINCIONE: I'm Vilma Cirincione. I'm here to represent myself and my neighbors. The funny thing about this is that most of the people that are against making Miller Road passable, don't live there, don't live in the Estates, but yet they're fighting it tooth and nail. Now, animals are important. I'll ao with that water flow, but humans are first. I think our welfare is more important. Now, there are people on Everglades Boulevard area in the Estates, you know, north of I -75, that could use that road to get out. Especially if you wanted to go to Port of the Isles or anyplace to Everglades City. You could use that. It would be a shortcut. I mean, it would save a lot of miles. In the past, I've been to meetings at the transportation department, at Horseshoe, and one of the items that came up at the time and Mr. Archibald spoke of and said that Miller Road was actually important farm to market road. That at the time he felt it should be considered and put in, which as far as I'm concerned, and other people, still goes. And we need this road now. Not in the future. It's been discussed for years and it seems that they keep putting it off and in the past we have seen, or other people: that have lived here for years, where these groups take over this property and 10 years down the road they end up building on it. One good, example is the area of Davis and 951. Where people were pushed out for environmental reasons .and others, they were bought out and you know the construction that's at that area now. That south part there were people in my neighborhood that owned down there and yet they're. building like crazy there. All of a sudden it becomes okay. They don't worry about water flow, animals, or anything if there's a- profit. 15 0014 I July 29, 1997 So please consider the people that live there, their safety and welfare. Even I could use that road. It would save me a lot of miles, so I thank you for everybody. MR. FERNANDEZ: Last speaker, Brad Cornell. MR. CORNELL: Morning, commissioners. I'm Brad Cornell and I`m here as president of Collier County Audubon Society and I would like to point out I'm not paid to be here and, in fact, I'm taking time off of work to be here. So please know that we have citizens' interests at heart, too. I do want to point out that we are on record as being opposed to the improvement of Miller Boulevard Extension, as you know. I think in this morning's discussion it's pertinent to say that the new situation which warrants looking at this a little more closely is the improved climate of the southern Golden Gate Estates state land acquisition efforts. As you -all know, there is a big lawsuit or actually two lawsuits which are very, very close to being settled and the improvement of Miller Boulevard Extension, I think, would exacerbate the problems involved with that situation, and the priority which the state has now given to this CARL project, I think means that we need to take a second look before improving that road. The situation a year ago, or whenever it was that you had originally given direction to pursue the improvements, I think has changed. So for that reason, I believe it warrants looking at this Zore closely. In fact, to that end, I would like to respectfully request that you postpone your decision on this from today and actually appoint a task force to look at the issues so that you can consider more fully everyone's concerns, because we acknowledge that they're -- it's a very complicated situation, and it's hard to say that it's all black and white, pave it or don't pave it. While we feel that you shouldn't pave it, we're willing to sit down and discuss with people who disagree with us all the issues concerned, including the Picayuane Strand Forest and the residents in southern Golden Gate Estates, as well as other factors. So I would respectfully ask that you postpone your decision and look at this more closely. Thank you very much. - MR. FERNANDEZ. Mr. Chairman, after I announced the last speaker, we had another one come forward. Bob Schank. MR. SCHANR. Good morning. Bob Schank, fire chief, East Naples Fire Control District and president of Collier County Fire Chiefs' Association. I apologize. I didn't want to get up here and duplicate, if there was already a chief prior to me speaking, but I appreciate the opportunity. I haven't come to you with any statistics and war stories, just with plain old common 'sense that the emergency services need to get out there, whether there's an acquisition problem or not. We've been battling this thing for 18 years of my career here and it hasn't gotten any better, and there's fires still out there. All you have to do is look east, come around January and Februa and the story's told .o you. AGENOG! NrU Y 4 2000 Jage 16 t Fig,. 0015 July 29, 1997 I know my department's had apparatus damage trying to get through there, and I know Isles of Capri certainly has, and all the districts that have come through that Miller Boulevard thruway. Presently it is true, I stated Friday that it took a half hour for my department to get out to the south blocks. Well, after a closer review of my run reports, it goes somewhere around 45 minutes to get a brush truck from the station on the East Trail all the way north on 951, all the way east down to Golden Gate Boulevard and all the way south back to Everglades just to get to Miller Boulevard, or anywhere else in that part of the Estates. So I'm here today -- we've talked about it over the last few years. I'm just begging you. Give us some help out there. The emergency service needs -- right now you can't get an ambulance. We may be able to get a brush truck down there right today, but certainly an ambulance can't get there and certainly apparatus. So what I say is -- I come to you with -- basically begging you. Help us out here. Let us get out there to do our best. These are some good people out there. They need the same protection as the people in the city and I appreciate that. Thank you. MR. FERNANDEZ: Cathy Myers. MS. MYERS: My name is Cathy Myers. I live -- I have five acres out on Sabal Palm Road Extension. I lost my husband out there three years ago in a car accident because there was no way of getting out _ there for safety. Excuse me. If they had an ambulance to get out there, my husband might be alive today, but because you people out here fight for transportation, he's dead. He'll never see his grandson. He'll never see his kids grow up and that's because you guys tore the sign down and because you guys won't put those safety things out where people can drive and be safe. But, no, you guys won't have nothing out there, and other people die and get killed. One of my other kids can be killed or something out there because you guys won't give us nothing out there. I'm sorry. I get emotional every time I think about my husband. He laid out there for two hours. Two hours alive and no help for him because -- just because you guys couldn't get out there. If you guys were able to get out there maybe he'd be alive today. But, no, you county people cut out Miller Boulevard, where nobody can get in and out. You cut out Sabal Palm Road where you can't get safety in there. My house almost burned down twice because of fire and because you guys were too lazy, what is water management? I mean, I never get into this stuff. My husband always came down to these meetings and stuff because I always worked and he worked too,. but he always made time to come down to these meetings. But, no, you guys -- they had a road going there. You guys dug up the road where there could put fire departments out there. You guys dug it up, water management and everything else, because you said it wasn't done right because maybe they forget something, but I tell you what, if you county people do not do this there will be more people killed out there and there won't be nobody to get there to help them. I mean, my husband ` will never see his kids grow up, never see his grandson. All because of you lou urthouse -- the rAG A Page 17 4 Coco 0 016 July 29, 1997 county, whatever. I don't do this. I don't know what I'm talking -- you know, but I'll tell you what, you better put that road in there and you better make sure nobody else gets killed out there, like one of my kids or my grandchild. That's all I got to say. CHAIRMEN HANCOCK: Further speakers? MR. FERNANDEZ: No speakers. CHAIRMAN HANCOCK: Close the public hearing. COMMISSIONER CONSTANTINE- Mr. Chairman, motion to approve the item. COMMISSIONER BERRY: Second. CHAIRMAN HANCOCK: Any discussion? All those in favor signify by saying aye. Opposed? Motion carries five, zero. Item #8C1 ••• u• r el:r.• :••• •• • • • • • lKon Next item is 8(C)(1) under public services. Consider the proposed neighborhood park options for tract 179 in Golden Gate. COMMISSIONER CONSTANTINE- This is the item I brought to you a zouple months back, and you all have a handout with a map. If you're not familiar with the property, we'll show you where on Golden Gate it is. It's the -- I'm sorry, I'm covering my own microphone. It should be in yellow. The top sheet is just a description from down at the tax office. It had been set aside in the deed of restriction. 5y Avatar 30 years ago as a park site and never developed. We have an opportunity to pick it up at about a third, I think, of what its existing value is and our staff has laid out four options here. My suggestion is going to be that we go and purchase the site and at the very least hold it for development as a park in the future, but I'd like to see us go ahead and explore the MSTU option consistent with what we've talked about for neighborhood parks and if we can combine that perhaps with impact fees for any of those, if available, and if not the MSTU pick it up, but I'd like us to get that in the inventory, anyway. CHAIRMAN HANCOCK: Commissioner Constantine, do we have any any type of commitment regarding an MSTU before we go expending general fund dollars on this site? COMMISSIONER CONSTANTINE: We have some of the residents here and they'll get up and speak during the public comment. I mean, we haven't done a straw ballot, if that's what you're looking for, but we certainly have the ability and the authority to do that and that's consistent with the discussion, we jisst had on our parks program a —month ago, where we talked _about doing neighborhood parks, tut asking :ommunit.ies to fund them themselves.. AGEND age 18 Q01 NOV 1 �t 2000 ATTACHMENT 2 r�!�R�' b��n A =` G�— t ?cn Jeb Bush Governor Department of Environmental Protection STATE OF FLORIDA COUNTY OF LEON Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard David B. Struhs Tallahassee, Florida 32399 -3000 Secretary CERTIFICATE I, Judy A. Brooks, do hereby certify that the Governor and Cabinet, sitting as the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, met on July 11, 2000, and approved the following Item 4 on the agenda for that date. Item 4 Save Our Everglades (Golden Gate Estates South) CARL Project Acquisition Delegation REQUEST: Consideration of a request, specifically limited to the portion of the Save Our Everglades (Golden Gate Estates South) CART, project lying south of I -75, to authorize the Director of the Division of State Lands, Department of Environmental Protection, or her designee, to extend offers and approve any contract for the sale and purchase of land pursuant to section 259.041 (1), F.S., (1) at $5,000 over or up to 125 percent of the appraised value, whichever is greater, when the purchase price per parcel does not exceed $50,000; an-' (2) at up to 125 percent of the appraised value when the purchase price per parcel exceeds 550,000. COUNTY: Collier STAFF REMARKS: The Save Our Everglades CARL project is ranked number 3 on the CARL Mega- Multiparcel Project List approved by the Board of Trustees on February 22, 2000, and is eligible for negotiation under the Division of State Lands' (DSL) Land Acquisition Workpla The Golden Gate Estates South portion of this project contains 55,566 acres, of which 40,854.54 acres have been acquired or are under agreement to be acquired by the Board of Trustees, leaving 14,711.46 acres, or 26 percent, of the project to be acquired. Public acquisition is essential to continue the preservation and restoration of this endangered ecosystem that is a vital component of the Comprehensive Everglades Restoration Plan. Acquisition of this land is critical to improving water quality and water quantity (hydroperiod), which are necessary to restore the Big C, press Basin portion of the Everglades ecosystem that supports a unique diversity of plants and anim,ds not !sound anywhere else. Southern Golden Gate Estates (SGGE) is an approximately 94 square nsitive environmental landscape in southwest Collier County, with a unique 1 ndsA�L�l2#1' Yl tress W. --- , a "More Protection, Less Process" N0V 1 4 3000 sin._.�� Certificate for Item 4 July 11, 2000 Trustees Agenda Page Two forest, wet prairies, pine and hardwood vegetative communities underlain by a pristine aquifer. Construction of road and drainage modifications, in the 1960s, overdrained the area resulting in increased forest fire frequency, invasion of upland vegetation, and increased freshwater shock load to the estuaries. The South Florida Water Management District has developed a Comprehensive Hydrological Restoration Plan for the area, consisting of the placement of 83 canal plugs, three pump stations, three spreader canals and removal of 130 miles of roads. The implementation of the plan will result in the restoration of sheet flow along three major flowways across the SGGE landscape, restoration of the natural hydroperiod of the site, reduction of freshwater discharges to the estuaries and restoration of habitats that support endangered and threatened species. The projected date for the restoration work to begin is October 2002. The restoration project depends on the acquisition of all lands within the project boundary. On April 17, 1998, the Department of Environmental Protection received $25 million in federal Farm Bill funds. That grant has been amended and the total federal funding is now S' :IS million. To date nearly $23 million has been expended and the balance must be expended before December 31, 2003, the grant expiration date. The Save Our Everglades project was first placed on the CARL list in 1986. Over the last 11 years over 11,300 parcels hve been acquired. The vast majority of the acquired parcels are small, subdivided lots within the SGGE subdivision. The remaining parcels acquired are located in unplatted acreage areas within and surrounding the subdivision. Over the years owners of property in the project have received multiple offers and in 1998 and 1999, when appraised values increased as a result of appraisal updates, new offers were sent to all owners of vacant land within the project. The DSL, under its delegated authority from the Board of Trustees, extended bona fide offers at the current appraised value for parcels with purchase prices not exceeding $50,000. In conjunction with tendering these offers, the DSL provided owners with an appraisal certification. to document the 100 percent offer, Owners of lands valued in excess of $50,000 were also tendered 100 percent offers, but none met the bona fide offer requirement because the contracts were subject to Board of Trustees' approval. While some owners accepted the offer and contracts have been processed, the remaining own(:rs either rejected the offer to purchase or did not respond. There are also approximately 96 improved parcels within the project. DSL is working with Collier County officials to determine which of these improvements are Iegally permitted. While some of the improved property within the project has also been appraised _s negotiated, approximately 90 improved parcels are still being appraised.- Ah improved parcc, . will be negotiated following federal guidelines, including the payment o elig nAlt coon benefits. Two homeowners have already been relocated under the Federal nif6fm, Relocation NOV 5 2 000 Certificate for Item 4 July 11, 2000 Trustees Agenda Page Three Act and have received replacement housing payments, moving expenses and reimbursement of closing costs. All residential and business occupants, either owners or tenants, will be eligible for some form of relocation benefits under the uniform act. There are approximately 4,000 ownerships remaining in the project, with about 80 percent of these being small, vacant platted lots within the SGGE subdivision. It is anticipated that it will take two years or more to process this number of parcels through the court system of Collier County, One of the prerequisites to the Board of Trustees voting to direct the Department of Environmental Protection (DEP) to exercise the power of eminent domain is the requirement that at least two bona fide offers to purchase land through negotiations must have been made and, notwithstanding those offers, an impasse between the state and the landowner was reached. A recent court decision found that offers made "subject to approval" of the Board of Trustees are not considered bona fide offers. In this instance, in order to satisfy the bona fide offer requirement, staff is recommending that the Board of Trustees substitute the alternative procedure of approving the offers prior to their being made and authorizing the Director of the DSL to extend such offers and approve any contract that should result so long as it does not exceed the indicated amounts. Pursuant to section 259.041(1), F.S., the Board of Trustees may substitute other reasonably prudent procedures provided the public's interest is reasonably protected. By seeking the Board of Trustees' approval of these offers prior to their being made, DEP staff believes the public's interest is being reasonably protected. While this authority to exceed the appraised value is not expected to significantly increase the number of additional parcels acquired by voluntary means, it will satisfy the bona fide offer requirement and hopefully will reduce the overall cost of acquisition when compared to the potential costs associated with utilizing the Board of Trustees' power of eminent domain. At this time, staff is seeking authority to: (1) make second bona fide offers at $5,000 over or up to 125 percent of the DSL approved value, whichever is greater, and to approve any contract within these limits far parcels that do not exceed $50,000 in value; and, (2) make two bona fide offers at up to 125 percent of the DSL approved value and to approve any contract within these limits for parcels that are in excess of $50,000 in value. RECOMMEND APPROVAL IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the Board of Trustees of the In,ernal Improvement Trust Fund on this 11th day of July A.D., 2000. AGENDA l7,Ett"r' Ac c , SEAL N" 4 2000 _ t 22 Jud A. rooks ~� -� �' Cabinet Affairs Director ATTACHMENT 3 AGENIIA NO'S 1 ; 2000 July 14, 2000 Florida Department of Agriculture & Consumer Services BOB CR WFORD. Commissioner The Capitol • Tallahassee, FL 32399 -0800 Marion Barnett 3301 Tamiami Trail E Naples, FL 34112 Dear Ms. Barnett. Please Respond to: Picayune Strand State Forest Fl. Division of Forestry 710 Randall Blvd. Naples, FL 34120 Enclosed is a copy of the five year recreation plan for the Picayune Strand State Forest This plan Ail] undergo major revisions as part of our next five year management plan. Much of the current plan is out of date, and was written before the hydrologic restoration of South Golden Gate Estates (SGGE) was expedited by the South Florida Water Management District and the At1ny Corps of Engineers. The restoration may receive funding as early as 2002, and under that plan much of Miller Blvd is currently planned to be removed. Miller Blvd. Extension would then be a dead end road. The Division of Forestry is the lead manager of the state lands in both Belle Meads and SGGE We manage several parcels that are bisected by Miller Blvd. Extension, and would like to be kept informed as the lawsuit moves forward. If I can be of further service, please call me at 941 352.4211 Sincerely, BOB CRAWFORD, COMMISSIONER So a Durrwachter Senior Forester F.lurldit k_"rirull ure Fresh Florida AGEN ^r, JrVk.4. trv'd 9 4 2000 k -` 0 13 i 1 1 io n 1 n d i t• t r� PICAYUNE STRAND STATE FOREST FIVE YEAR RECREATION PLAN Introduction: Picayune Strand State Forest (PSSF) is located approximately one mile east of1\'aple5, Florida in Collier County, Two Conservation and Recreation Lands (CARL) acquisitions make up Picayune Strand State Forest: G The South Golden Gate Estates (SGGE) Tract, and G The Belle Meade Tract Smith Golden Gate Estates GSG(;F_) Tract: Much of the SGGE Tract was swamp land that was developed by draining the swamps through a system of canals. Road were built for construction or subdivision communities on the developed land. These changes were made by the corporate owners, Gulf American Corporation, in the 1970s who eventually became bankrupt. Belle Afecde Trncl: In 1997, the Belle Meade Tract was added to the PSSF along with S25 million of federal funds to complete land purchases for the next three to five years. Of the total 72,000 acres, there are presently :5,000 acres either owned by the state of Florida, or under contract. Recreation Resource Features PSSF is composed of mesic and hydric pine flatwoods, cypress swamp, mixed hardwood swamp, marl prairies, and a few hardwood hammocks. The Belle Meade Tract has a large infestation of Melcletica quincluenervia invading the hydric pine and cypress stands. Control efforts have already begun and have not diminished the recreational value to any significant degree. The SGGE Tract is networked with a system of approximately 45 miles of canals. The restoration plan calls for these to be blocked at one to three mile intervals, depending on the elevation. A large strand runs from the northeast corner to the southwest comer of the forest. Due to drainage, the area has reduced water flow and the north end of the strand is altered. However, the southern part of the strand is esscritially intact and has a slow moving .sheet flow during the rainy season. The area between the canal system and U.S. 41 has overland sheet flow southward to the Ten Thousand Islands. There are also several permanent water sources scattered throughout the forest, such as willow ponds ar,d cypress domes. NON i Z 2000 Noted Florn and Fauna: The following listed species of wildlife are confirmed on the PSSF. American alligator, baid eagle, wood stork, Florida panther, Florida black bear, eastern indigo snake, red cockaded woodpecker, gopher tortoise, Big Cypress fox squirrel, swallow- tailed kite. Two listed species of plants found on the forest are night scented orchid and ghost orchid. Archeological/ Historical Resources: The Division of Historical Resources indicates there are at least 14 documented archaeological sites recorded within the PSSF All the sites are classified as prehistoric middens, although cne. CR 742, has a possible Seminole Indian component. Most are small black dirt middens with abundant faunal material located in hardwood hammocks adjacent to freshwater ponds Their data is not considered a true representation of all the archaeological sites and a more thorough search will be needed to find other locations which may be present. Existing FacilitiesInfrasL 'uctureiRecrentionnl Activities: South Golden Gate Estates Tract' South Golden Gate Estates Tract (SC-GE) has a full system of roads similar to those found in a subdivision. There is approximately 5S miles of paved roads on the forest and another 23C miles of unpaved roads. Running from north to south of the forest is a network of nearly 50 miles of canals. Most of these canals eventually empty at Port of the Islands in the Fakaunion Canal. Most of the canals are open for both fishing and boating. There is a boat ramp at the "T canal' and additional smaller ramps which are maintained by South Florida'Nater Management District. Along these canals are numerous weirs which have become popular fishing spots, especially when the water is running. Currently the canal banks on the south end of Patterson and along the T canal are heavily used by unlicensed recreational vehicles. Two entrance signs have been constructed on the forest. The first sign is located at the Everglades overpass, south of Interstate 75 The other sign is located on the Prairie Canal at the boundary ofFakahatchee Strand State Preserve. A paved parking area with an information kiosk is located at the Everglades entrance sign and a second parking area, fenced with lights, is located at 2121 52nd Ave. SE. The Division of Forestry is one of twelve agencies sharing the newly opened "Southwest Florida Environmental Information Center" located at Port of the Islands. This center is four miles east of the Miller Blvd. Extension whi;:h leads to Picayune Strand Sate Forest. Collier County has committed to improving this access road for emergency vehicles and may provide visitors with easier access onto the forest. 2 ,xr ._q1S l — NN 1 L 2090 The area of South Golden Gate Estate north of US 41 (Bad Luck Prairie) is still primarily in private ownership. It is heavily used by off -road recreational vehicles such as ATVs and swamp buggies. Ifacquired by the state, this area has potential to be managed as an off -road vehicle recreation area. Belle Meade Tract: Belle Meade is a relatively new CARL project, with many of the parcels still in the process of acquisition. Permanent access is available from Benefield Road, Sable Palm Road, and west off Miller Blvd. There is a network of dirt roads that are passable by four wheel drive only. Many of the parcels have existing wells and ponds There are also some picnic shelters with grills. The entire tract is zoned agricultural, which allows for camping. Existing recreation suppliers in the immediate vicinity (both private and public) includes Collier Seminole State Park, Pon of the Islands, Kountree Kamping on 951, Club Naples RV Resort, and Panther Walk RV Park- IM and H Stables has constructed a new facility en the northwest boundary of Belle Meade, just orTof Eenefeld Road. Vendor status should be explored as soon as we have the management authority on the surrounding tracts. This area is tailor -made for horse trails, and is only a few minutes from Naples. The Golden Gate Chamber o.`Commerce Welcome Center is at the intersection of 951 and I -75. Planned Recreational Activities: The uses presently considered compatible with resource protection and passive recreation include: horseback riding, fishing, off road bicycling, hmig gliding, primitive camping, some types of lnnning, wildlife viewing and nature; . lu ). All uses must be consistent with the five year management plan, and use Best Management Practices (BMPs) to protect the resources. Fees will be charged for some uses. Routes of all trails and facilities will be adjusted if parcels are not acquired as anticipated. Southwest Florida is very seasonal, with a wet, hot summers well populated with mosquitos. The winter season is usually dry and warm, with many of the wetland areas drying up as the season progresses. It is anticipated that 95% of visitor use will occur during the dry season. This pattern will continue throughout the restoration. Horse Trails and Facilities: Planning of horse trails is being done with the help of the Collier County Horse Trails Association. Parking for trailers needs to be obtained off Benefield Road. On the east side of the loop, fenced parking is available at 2121 52nd Ave SE and on the west end of 84 "' Ave SE. Hard surface parking (unfenced) is available on the west end of 102nd Ave SE and will be needed in the area west of M and H Stables. An old toll gate area controlled by Collier County is ideally suited for trailer parking, if permission can be obtained to use it on a permanent basis. Existing roads need to be marked and signed and hitching posts and water troughs must be installed. Several sections of the trail are wet for approximately six to eight 3 hro'; 14 2000 months of the year, but at these times the mosquitos are often unbearable. When Belle Meade becomes a wildlife management area, the trails may be closed for several weekend hunts. The trail is not open to motorized traffic, except for offciial use. Joint Use Off -Road biking and hiking: This will be all new construction. The Florida Off Road Bicycle Association is helping plan the routes. The trail head should coincide with horse trails to minimize impacts. Where possible, this trail should stay within the one -mile corridor south of Interstate 75 to minimize conflicts with hunting. This is also the driest area. It would be open most of the year and Nvill not be open to motorized vehicles, except for official use. Biking: There is an existing Florida Trail in Collier Seminole State Park A joint effort between Florida Park Service and the Division of Forestry could join this trail with the Florida trail in Big Cypress National Preserve. Trails are not necessariiy all- weather and may be to wet for horse or bicycles This route has not ,vet been established, and will depend on land acquisition in the SGGE tract Drive Tour: The existing tour will be upgraded to take advantage of the Southwest Florida Environmental Inform: Lion Center. New stops will be added and an updated brochure will be printed The brochure should explain the history and goals of the restoration project. It also needs to credit the many partners and their roles in the restoration effort. ° Orchids and Egrets" is already using the SGGE for tours that traverse Janes Scenic Drive and end with a boat tour at Pon of the Islands. These tours are highly desirable because they explain the ecosystems as they pass though them and do not damage the environment . Shooting Range: A major project is the construction of a non - profit shooting ranee. Jim Schonemever of the Florida Game and Fish Commission has acquired the plans for this range. The chosen area needs to be located a safe distance from any residential areas. The area currently used is ac, oss th'e canal from several home_ of full time residents. This is an extremely dangerous situation, especially when high- powered rifles are used. There is adequate berm material to construct the backstop in a safe manner in other parts of SGGE. The vast majority of the use of firearms in the area is for target practice and is not associated directly with hunting. Bunting and Fishing: These activities are regulated by the Florida Game and Fresh Water Fish Commission. All canals are open to fishing and will continue to be after the restoration. State lands will be open to hunting as soon as the area becomes a Wildlife Management Area and after am - ecessary initial wildlife surveys of population levels or other studies have been completed. All state lands within one mile of Interstate 75 and US highway 41 are closed to the use of firearms. Hang Gliding: The South Florida Free Flight Association uses the south end of Everglades Blvd. near the intersection with Lynch Blvd. Hang gliders are pulled with pickup trucks to launch them into the thermals. Landing is done in ti e adjacent prairie. No equipment leaves the road right-of- ways. In three years there has been no 7e-alive impacts observed on the resources. 4 AGENDA rrEk� 140 ., ._C.6C..__. WV S c ^000 P` ._ c;29 Bus Tours: Ecotours on coach -type buses are currently being offered by "Orchids and Egrets" using PSSF, Fakahatchee Strand SP and ending with a boat tour into the Ten Thousand Islands. This is an excellent environmental education opportunity with no negative impacts on the environment. Scenic Highway Designntion: The Tamiami Trail is in the process of being designated a Scenic Highway from the west boundary of Collier Seminole State Park to Forty Mile Bend. This will be one of the first scenic highways in Florida. This effort was begun by Mr. Robert Warren, who was joined by many agencies and private citizens to form the Corridor Advocacy Group. Boardwalks, pullouts and observation decks will be addressed in the corridor management plan Proposed Budget: Fiscal Year 1998 -1999 Establish and mark 24 miles of horse trails on existing dirt roads Clip -vs lvlultrum Restroom (dual system) Establish four small primitive camping areas (Tables, Grills) Install hand pumps and water trough, corrals Drive Tour brochures State, ide Forest full color brochure One park Ranger FTE OCO for Ramer Fiscal Year 1999 -2000 S 500 S24,000 S 4,000 S 1,000 S 1,000 S 3,000 Subtotal S 33,500 S 24,000 S20,000 Total S77,500 Establish large primitive camping area at the T canal. (self - contained units) Kiosks Site numbers, garbage cans, grills Establish native: trees Dump Station Campsite delineation Establish shooting range with GFC Total. 5 S 1,200 S 500 S 1,500 S 4,800 S 4,500 S12,000 S24,500 AGEN, ` r °411 --) -- h�,r i 11 4C�U _ Fiscal Year 2000 -2001 Entrance Signs for Miller Extension Blvd Establish Talking Tree Environmental Education Trail near Port ofthe Islands Second Park Ranger FTE OCO for FTE Fiscal Year 2001 -2002 Clivus Multrum restroom Establish 12 -mile ioint -use bicycle /hiking, trail New construction Maintenance, reprinting Establish Talking Tree Environmental Education Trail near Golden Gate Visitor Center Fiscal Year 2002 -2003 Reprint brochures Upgrading existing facilities Forest education exhibits Outdoor classroom pavilion 5 YEAR TOTAL S 500 7 500 Subtotal S 8,000 524,000 520,000 Total 552,000 Total Total 512,000 S 2,400 S 2,000 S 7,500 523,900 S 2,000 S 2,000 S 6,000 524,000 S34,000 5211,900 11G�E14 ^R X000 6 q i-� ti - 5 C u y 6 O Y � � ! i 9 f > DH playavag ' 4 Lr C / E {VN� V0 9� e U y�y P e 1 4g 3� N u' i °s Y pp l O m O � O LO y+ V 3 4 y 5 1 0 �5 �z I 4G4° 0 r <- ATTACHMENT 4 acFN,n : F,Ar , �L NO',' j E 2000 feb Bush Governor Department of Environmental Protection Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, Florida 32399 -3000 August 30, 2000 Michael W. Pettit. Esq.. Office of the County Attorney_ 3301 East Tamiami Trail. 8`i' Floor Naples, Florida 34112 RE. Southern Golden Gate Estates Mr. Pettit. Please find enclosed the summary of the Proposed Hydrologic Restoration Plan for _ Southern Golden Gate Estates. The plan calls for removal of 130 miles of roads v ithin Southern Golden Gate Estate, including virtually all roads south of 66`h Avenue. SE. Roads desienated for removal are indicated by the broken or dashed lines. As you can see, Miller, Lynch. Stewart and Everglades Boulevards will be completely or almost completely removed, If you have any questions. please feel free to contact me at (850) 488 — 9314. AJB /yw Enclosure Sincere Andy J. Baumann Senior Assistant General Counsel "Proteca, Conserve and Mancge Fionda's En>ircrrnert arc Nourai Resoirces � Premed 0n 'egded paper. David B. Struhs Secretary 20L FACT SHEET PROPOSED PLAN FOR HYDROLOGIC RESTORATION OF SOUTHERN GOLDEN GATE ESTATES IN COLLIER COUNTY, FLORIDA Location: South central collier County, south of I -75 and north of U.S. 41 between the Belle Meade area and the Fakahatchee Strand State Preserve. Description: Southern Golden Gate Estates (SGGE) encompasses an area of approximately 94' square miles and is part of a bankrupt real estate development project called Golden Gate Estates undertaken in the 1960's. Prior to development, the area was characterized by seasonal flooding several months of the year and broad, slow moving sheet flow sustained wetland vegetation and rejuvenated freshwater aquifers. The network of roads intercepts the historic flowways. Forty -eight miles of canals overdrains the landscape and quickly diverts surface and groundwater flow to a point discharge into the Faka Union Bay, thus damaging the ecology of the Ten Thousand Islands estuary. SGGE was identified in 1985 as a component of the Governor's Save our Everglades program and included in the State's CARL (Conservation and _ Recreation Lands) program. Land acquisition, which is a key component of the restoration, is being administered by the Florida D- partment of Environmental Protection, Bureau of Lard Acquisition. Ecological Importance:. - ThewesternEverglades system, including SGGE, contains some of the most biologically diverse plant and wildlife communities on the North American continent..: SGGE serves as the headwaters - ofthecentral portion of the Ten Thousand Islands National Wildlife Refuge and is surrounded on three sides by - public lands, including the -Florida Panther National. Wildlife Refuge,._:__ - Fakahatchee Strand State Preserve, Collier-Seminole State Park and the Be e AC-aEM , k4 Meade CARL project. fir; Ej i N�' s 2000 Q0 CTI MILES 0 2 —75 66th Avenue S 17 LEGEND ROAD REMOVAL SPREADER CHANNEL PLIMPSTATION WITH NEW STRUCTURE FAKA # ■ -)AENDA CANAL BLOCK mr', CF WEIR N--','-i 4 2000 FIGURE 1. Recommended Plan Southcrn Golden Gate Estates Hydrologic Restoration C: o o FAKA # ■ -)AENDA CANAL BLOCK mr', CF WEIR N--','-i 4 2000 FIGURE 1. Recommended Plan Southcrn Golden Gate Estates Hydrologic Restoration ATTACHMENT 5 AGEW! - a? _ ck 2000 3cp TWS V W'� E 5 0 os 96 M� T. se ADEN- (c Save Our Everglades _ (GOLDEN GATE ESTATES SOUTH) Ownership Map 4 °. Collier County, Florida ADEN- (c EXECUTIVE SUMMARY REPORT FOLLOWING MEDIATION IN BERNSTEIN V. COLLIER COUNTY, CASE NO. 00- 14229GG, NOW PENDING IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT AND REQUEST FOR BOARD DIRECTION. OBJECTIVE: To report to the Board following mediation in Bernstein v. Collier County, Case No. 00- 14229GG, now pending in the Court of Appeals for the Eleventh Circuit, and request for Board direction. CONSIDERATIONS: On October 24, 2000, the Board rejected an apparent settlement demand from the Plaintiff in Bernstein v. Collier County in the amount $83,309.11. At the same time, the Board directed representatives of the Office of the County Attorney and the Risk Management Department to attend the court ordered mediation in the case, scheduled for November 9, 2000, and report back to the Board any offers or proposed settlement that might arise as a result of the mediation. FISCAL IMPACT: Unknown. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: Following the report to be given at the November 14, 2000 Board meeting, the Office of the County Attorney and the Risk Management Department request that the Board give them direction with respect to any offers or settlement proposals arising from the mediation scheduled for November 9, 2000. Prepared by: ' //,I I 1 6- Date: - Michael W. Pettit, Assistant County Attorney Reviewed and Approved by: �C `— Date: Jeff Walker, Risk Management Director Reviewed and G /� Approved by: Date: 4� / David C. Weigel, County Attorney h:DA \ExSum \Bertstein Mediation 110600 AGENDA ITEM NO. WD)— NC' 14 2000 Pg. F.1 NOTICE OF CLOSED ATTORNEY- CLIENT SESSION Notice is hereby given that the Board of County Commissioners of Collier County, as announced at the October 24, 2000 Board meeting, and pursuant to Section 286.011(8), Florida Statutes. will meet in executive (closed attorney- client) session on TUESDAY, NOVEMBER 14, 2000, at 2:00 p.m. or at the conclusion of the regular meeting agenda, syhicheyer occurs later in the Commission conference room, 3' Floor, W. Harmon Turner Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The Board in executive session will discuss: Settlement negotiations and /or strategy related to litigation expenditures of the pending litigation case of BOARD OF COUNTY COJIMISSIOa'ERS OF COLLIER COUNTY; V. COASTAL ENGINEERING CONSI L7ANTS, INC., a Florida corporation, MICHAEL F STEPHEN, Ph.D., an individual, MICHAEL T. POFF, P.F_., air individual, COaNTINE.N7A1, CASUALTY COMPANY, an Illinois corporation authorized to do business in the State rf Florida, T.L. JAMES d CO., a Louisiana corporation authorized to do business in the State tf Florida, HIGHLANDS iNSURAA'CE COMPAA7; a Texas corporation authorized to do business in the State if Florida, Case No. 00- 1901 -CA -THB, pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida. Persons in attendance will be the Board of County Commissioners, County 'Manager Thomas W. 011iff, County Attorney David C. Weigel, Assistant County Attorney -William E. Mountford, and outside counsel Steven Nl. Siegfried of Siegfried, Rivera. Lever, De La Torre & Sobel, P.A. The entire session shall be recorded b%, a certified coutt reporter. The reporter shall record the times of commencement and termination of the session, all discussion end proceedings, the names of all persons present at any time, and the names of all persons speaking. No portion of the session shall be off The record. The coon reporter's notes shall be fully transcribed and filed with the entity'; clerk within a reasonable time after the meeting. The session shall commence at an open meeting at \rhich the persons chairing the meeting shall announce the commencement and estimated length of the attomec- client session and the names of the persons attending. At the conclusion of the attome" - clien: session, the meeting shall be reopened and the person chairing the meeting shall announce the termination of the session. The Board shall then proceed to hear Agenda Rem 9(B), Board direction regarding settlement negotiations and strateg% related to litigation expenditures including budget amendment for outside counsel expenditures in the Case OF BOARD OF COUNTY CO.11,111SSIONERS OF COLLIER COUNT); v. CGAS7AL LNGiALERLti'G COA'SLL7.dATS, ]AV, a Florida corporation, MICHAEL F. STEPHEN, Ph.D_, on indiddual. ,111CIlALL T POFF, PE.. an indir=ldual, C0A'7J,N:'E'7AL CASCALTY C0h1FAA'Y at? Illinois cot poration aalhon:ed to do business in the State cf Floi ida, T L. JAMES 6 CO., a Louisiana copporation authorized to do business in due .State cJ Florida, HIGHLAADS JNSUPU. VCE C0,11FA.NY. a Texas corporation authorised to do busiuecs in the Slate c )Florida Case N'o. 00- 1901 -CA -THB, pending in the Circuit Cottrt of the Twentieth Judicial Circuit in and for Collier County, Florida. The transctipt shalt be made part of the public record upon conclusion of the litigation. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES D CARTER, Ph.D_ CHA1R,NIAN DA% iCHT F. BROCK, CLERK B' :. st ,tilaureen Kennon I " Depun Clerk NOV 14 YOOO (5L -%L) EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE BLACK AFFAIRS ADVISORY BOARD OBJECTIVE: To appoint I member to fulfill the remainder of a vacant term, expiring on June 25. 2002, on the Black Affairs Advisory Board. CONSIDERATIONS: The Black Affairs Advisory Board has I vacancy. This 9 member committee identifies and evaluates problems unique to the Black Community, review -s and recommends ways to ensure open communication between the minorities and Collier County Government and provides periodic reports to the Board of County Commissioners. A list of the current membership is included in the backup. A press release was issued and resumes were received from the following interested citizen: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. James R. Roath N'a I YES NONE COMMITTEE RECOMMENDATION: No Recommendation FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the request for appointment, appoint 1 member to fulfill the remainder of the vacant term and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: NOVEMBER 14, 2000 AGENDA ITEM No. n fy Pg. / _ filson s —From: dunnuck i Tent: Tuesday, October 17, 2000 4:01 PM i o: filson s Subject: BAAB Recommendation Hi Sue, Good afternoon. BAAB cancelled their meeting last so night so if you have to forward the applicant to the BCC, you have my green Iight.See you later! JD AGENDA rMM No 6 1 Black Affairs Advisory Board Name Work Phone AppPd Exp. Date Term Home Phone DateRe -apps 2ndExpDate 2nd Term Rufus H. Watson 403 -0355 12/02/97 06/25/01 4 Years 5501 Rattlesnake Hammock Rd., #208 352 -2782 Naples, FL 34113 District. 3 Category: LaVeme C. Franklin 352 -2868 04/11/00 06/25/03 3 Years 450 Henley Drive Naples, FL 34104 District: 3 Category: Marian Thompson 04/11/00 06/25/01 1 Year 284 Sabal Lake Drive 348 -3335 Naples. F? 34104 District::' Category: James A. Drayton 643 -3332 10/12/99 06/25/03 4 Years 884 Briarwood Boulevard 263 -0622 Naples, FL 34104 District: 3 Category: Catherine Askew Quitto 04/11/00 06/25/02 2 Years 340 Wilson Boulevard North 304 -1218 Naples, FL 34120 District: 2 Category: Gerry Moore 12/14/99 06/25/03 4 Years 3390 Mystic River Drive 352 -0357 Naples, FL 34120 District. 5 Category: �... �'h�i.zy, June 15, 2000 - Page I of No, F Black Affairs Advisory Board Name Rork Phone Appt'd Exp. Date Home Phone DateRe -appt 2ndExpDate Albert Wahbey 594 -9192 11/03/98 06/25/02 555 Bowline Drive Naples, FL 34102 District: 4 Category: Fitzgerald A. Frater 591 -0133 09/23/97 06/25/01 2011 River Reach Drive. Apt. 254 263 -9171 Naples, FL 34104 District: 4 Category: 06/25/02 District: Category: Term 2nd Term 4 Years 4 Years This 9 member board was created on May 14, 1991, by Ord No. 91 -38 & 91 -77, to identify and evaluate problems unique to the Black Community, review and recommend ways to ensure open communication between minorities and Collier County Government and provide periodic reports to the Board of County Commissioners. Amended on 08113/91 by Ord. 91 -77 to increase membership from 7 to 9 member. Terms are 4 years. FL STA T.- none Staff. John Dunnuck - Assistant to County Administrator: 774 -8383 UThursday, June /5,1000 - Pages' of /♦�(� 2- � r MEMORANDUM DATE: July 25, 2000 TO: Vinell Hills, Elections Office FROM: Sue Filson. Administrative Assistant Board of County Commissioners RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also. please list the commission district in which each applicant resides. BLACK AFFAIRS ADVISORY BOARD COMMISSION DISTRICT James R. Reath :�� P i K� r, f'- 25' ) North Barfield Marco Island, FL 34145 Thank you for your help. W). MEMORANDUM DATE: July 25, 2000 TO: John Dunnuck, Assistant to the County AdnAnistrator FROM: Sue Filson, Administrative Assistant Board of County Commissioners RE: Black Affairs Advisory Board As you know, we currently have 1 vacancy on the above - referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: James R. Roath 253 North Barfield Marco Island, FL 34145 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time -frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions. please call me at 774 -8097. Thank you for your attention to this matter. SF Attachments AGENDA ITEM NO. %lily ROATH PHONE NO. : 8133891646 Jul. 21 2200 01:32PM P2 NJ ❑ ❑ Lr ( UN INVESTMENT CORP. 253 North Barfield Marco Island, FL 34145 July 21, 2000 Ms. Sue Felson Administrative Assistant Board of County Commissioners 3301 Tamiami Trail East Naples, Fla. 34112 Dear Ms. Felson; (941)389.1646 Fax (941) 389 -2660 1 am writing in regards to the 'Black Advisory Board " After diseusstons with several people, I was convmced that my past and present earperience would be a value to this board 1 and my wife, Saundra are from Kansas City, Ukvoun, and have been very actrve in community affairs. We have been in business for 32 years, and have been purchasing property in Florida for the past ten years. We moved to Marco Island approximately five years ago, and love the area I have met with the Fort Myers Housing Authority on marry occasions to help with fair housing needs. Likewise, I have met with Sum Parigis of the EDC on several occasions to discuss growth and other related matters. Ms. Paroagis introduced me to Mr. Fred A,fahahc with the county and I expressed interest in developing afordable housing. We currently own a home in Key Marco where we are partners in a group that bought the Key Marco Development 3 years ago. We also own the Super 8 Motel at exit 15 on highway 75, and are in the planning stages ofacquirrng another hotel in the same vicinity. We also own rental property on Marco Island as well as in Naples. I have received manemus awards for work in the commmity and have served on many boards. I have also meiv a! recognition from two past U. S presidents, and have been appointed to several boards• by three mayors. 1 have served on two bank boards, and was one of thefounders of the "Kansas City Minority Capitol Corporation, "of which 1 still serve as a board number 1 have served as a board memb«srfor Blue Gross Blue Shield of Kansas Cayfor the past nine years, acrd am vice chair afthe Audit Committee, Board Planning Committee, mid Nominating Committees. I will forward ad0iomal newspaper and magazine articles via the mail. Please feel free to contact meat 941.3891646 or 389 -2655. Thank you fclr your review. AGENDA IITM 140. Z41d P& '7 FROM : RORTH PHONE NO. : 8133891646 Jul. 21 2000 01:33PM PS James R. Roath NQ. 3 FROM : ROATH PHONE NO. : 9133991646 Jul. 21 2000 01:34PM P2 jags R. ROJL= jnmes R. Roath has been an active businessman and entrepreneur for over 34 yearn. Although he has owned franchises such as McDonalds, he has also created mew businesses such as perfection Industrial Distributors, Inc., BC Candy, and j.S. Roath Corporation, to name a few. At age S3, Mr. Roath had to retire from his normal schedule, but is slit! active in the conununity., and involved in business ventures iu Kansas City, Mo., Sedalia, Mo., F't. Myers, Fla., Marco Ist and, Fla., and hake of the Osadm, Mo. Be has received suntemus awards for Ilia connnunify service and small business participation. Mr. Roatb currently owns active interest m perfect JfoJdnWu perfect Output, (a johd ventmm with Zerox Corp) and perfect Distribution. (a contract distributor W Zerox Carp) In 1970, he created 1. & Roatb Corporation, which he currently runs along with his wife, Saundra. fmm R. Roatb is also vice president of Serenity Talmud Group. Serenely owns a mtajvrportion of y Marco DevelopmeA. Mr. Roath is DfrectorMce Pia ddent of Kay Marco Boone Owners Association, and was appointed to the board of The Comtmanity Development District of Key Marco, which reports a'irectly to Comer County. AGENDA REM Na FROM : ROATH PHONE N0. : 8133891646 89 1976 - 1995 (retired) President, PERFECTION UM USTRM DISTRIBIITORS, INC. 5900 Parretta Kansas City, Mo. 64120 Jul. 21 2000 01:34PM P3 Perfection Industrial Distributors is a multi line industrial supply company representing 182 major industrial lines. Perfection supplies such items as tape, abrasives, cleaning chemicals, Paints, and other industrial use Alms. Our valued customers include Payless Cashways, Hallmark Cards, General Motors, Allied Signal, and many other corporate and government entities. Per&jobon Indnatrial was founded by James R. Roach as a sole pMrietorship, and incorporated in May of 1976. The company operated as a ona man business before hiring a part time secretary in early 1977. The first direct product the company marketed and distributed was dry can batteries. Today, Perfection employs 48 people with sales of over 86 ruiilima dollars. The company is a growth oriented orgeuisation that uses state of the an equipment and caatpnters to service their customers and creep pricing low. 1994 - 1995 CbaUman, BC CANDY COMPANY, INCORPORRTP.D 5900 parretta Samsas City, Mo. 64120 BC Candy ( BCC) is a new company founded by James Routh and Larry Blunkensbip. SC had exclusive rights to establish bulk candy stores within Smart stores nationwide. Other owners were, William Black ,(Anwwcan Business ) John Walker, (Executive Vice President Bye Cross Blue shield) and john Fahae• SDP Enterprises). 199.1- 19113 Pmsi dent, INDUSTRIAL CONTRiLCTORS,INCORpOBATED AGENDA ;rEM"_, t No. FROM : RORTH ?HONE NO. : 8133891646 Jul. 21 2000 01:35PM P4 As an industrial supply company, Pulectiou Industrial Distributors markets several lines of paint and related products used is the construction indusltry. In I SM, Perfection catered a joint venture with C. C_ Covarly Painting to coutrract for the painting of large eousbuctiou jobs. C.C.Coverly was a third generation paint contractor interested is obtaining paint and other tiaras 14nrxn a minority owned business. Because of Perbectioa's reputation with Glidden Paint, Glidden recommeaded Ceverly contact Perfection. Eger successfully supplying Coverky for such jobs as the jackson County Detention Center, a joint venture was formed. Per&chon/Coverly successfully completed such jobs as the Barney Allis Plaza, the Municipal Auditorium, Little Blue Sewage, General Motors Fairfax, Worlds of Fun water tower, and many other paint jobs. The company grew to be one of the largest paint contractors in Kansas City, until the unth sly death of Gary Shumate, the principal owner of C.C_ Coviarly. After the Death of Mr. Shumate, James Rosth incorporated the entity as Industrial Contractors, Inc., and expanded the scope of work to include drywall construction. Industrial Contractors is controlled by a management team of experienced construction personnel. The managing partner is Michael Fox, a vary capable and experienced contractor who is also the owner of Foxco, a successful construction company. 19813 - Present President, j.S.ROATH CORPORATION J. S. Roath Corporation, is a sub chaper S Corporation that is owned by James R. and Saundra JL Reath. The company was incorporated to purchase and sell real estate. J.E. currently owns several mUtions in real estate in Kansas City, Sedalia, Lake of the Ozarks, Marco Island, and Spey Marco. The company is actively seekdrug huFftetm6aft is Florida and Missouri, and is working with the EDC of Kansas City, the CDC of Collier County, and tare Housing Authority Of Fort Myms, as well as with local ministers in Fort 34yers to develop moderate income in the Dunbar district. j AGENDA {TEAT 1967-1976 a NO. :i F rRDM : ROATH PHONE N0. : 9133891646 Jul. 21 2000 01:35PM P5 PmUeft, BM INCORPONATM JMA was founded and owned by James Ronth. The c:ottgmW purch$ed. two MQDrmaSde' fnamabimm fi Mr. uoa t, and owned gold operated several other sestmaasrts and fiamchises ts=W all mere sold in 1976. 1965 -1967 V) fyy i0jk #1 w 1:1 1 RCii hamdied home euterut m wA items such as televisions, radios, and appliances. Ttue distdbnto r furnished retails accounts all products for RCA Victor, and RCa Whirlpool is a sit state area. rack retail gccanat was represented by an account , to r due, who advised the c astaum on such tbdnga as product envy Product information, sales ma tmal, Pmutoti+onats, and other sales related functions. AS ant account executive, James called an 12 retail outlets. 185? -1965 WM GRUT 1L7LMMC SNTD PACMC =R COI"Ma (S&P Food Store) Worked vanons jobs fmm sacker to assistant manages wrhae adtendmg high sahnol and college. Worked for two diffierent stows m the Senses City arm, and me in ]e$a:seat City, Missouri. VPraL Age- 57 Married: Saaaedre & Reath, 80 years Address: 1253 81nehiil Creek Drive Marco Inland, Fla. 34145 EDUC&TtON Wadden w EbmantmT Lincoln Junior High School Uncola High Sdtaol Lincoln won Un"Meaiy a bassau d at wMwas CftrI*m="6 AGENDAT, I Na r rri.. FROM : ROATH PHONE NO. : 9133891646 EDUCATION - T3L DE RCA victor Marketing and Advertising Franchising - Boston University business programs Haaubnrges University- McDonalds' AT principles-IG"Ieral Motors Jul. 21 2000 01:36PM P6 Board of Directors, Blue Cross Blue Shield Board manber, Kansas City Minority Capital Corporation Board member, University of M4ssmnri, Block School of Business *Board member, Labor Management Council of Nansas City *Board member, Kansas City Trolley Board member,(advisory), Minority Supplier Development Council *Board member, UMSC MBE Program *Board member, Downtown Minority Development Council *Board member, Canncit of Growing Companies *President,11mcstive Trade Association *President, Business Development GrouP Trustee, St. Stephens Baptist Church *Chairman, Loan Committee, Minority Contractors Alpha Phi Hlpha Fraternity *National Association of Black Manufacturers National Association of Minority CAntzactors American power Boat Association American Warehouse Association Urban League *Sausas City Chamber of Commerce *Sedalia Chamber of Corumezce *Black Chamber of Commerce *National Black Chamber of Commerce *Board member, Vine Street Homeiess Shelter *Advisory Board rSirst Busmess Beak of Kansas City *Douglas State Bank *Genesis School Board member CDD May Marco Director Homes Association Key Marc* Director/VP Serenity Island Grmp *De T aX=Tie Educational Center Member of Black Enterprise 1011 -A AGENDA RW a *'(onkemia Society of America � Cornerstone Awards Recipient (4 times) r r i FROM : RORTH SOti1AU The X985 Cfty C+ ub Fo= .&e9SODS Associsfion B3ae1: Yacbtmens Ls=-- -�=: °= mama o ISL -Utd Yacht Cb- *Denotes nos -active PHONE N0. : 6133891646 Jul. 21 2000 01:36PM P7 FROM : RORTH sm. PLEASE DELIVER IMMEDIATELY m PHONE NO. : 8133891646 FAx Z%,f — 3 4 0 2_ morae 774- 8-OT? E S G1 G E mwm Jul. 21 2000 01:31PM P1 Tor TOW pages. —�. \Aj i 1( m 06) � -� G,-4 C o �Y ctyJ o�,- �0.� vr46i� ok ,,/ • AGENpa k MEMORANDUM DATE: October 25, 2000 TO: Board of County Commissioners Thomas W. 011iff, County Manager FROM: James D. Carter, Ph.D., Chairman Board of County Commissioners RE: Wilkinson House — Legal Analysis Attached to this memorandum is a copy of a memorandum dated October 19, 2000 from David Weigel, County Attorney, providing a legal analysis regarding the Wilkinson House. I am placing this issue on the November 14. 2000 agenda for discussion. 7 arter, Ph.D. Cori6issioner, District 2 JDC:sf Attachment AGEN?N" NO. Pg. OFFICE OF THE COUNTY ATTORNEY INTEROFFICE MEMORANDUM To: James D. Carter, Ph.D., Chairman Commissioner, District 2 Through: David C. Weigel, County Attorney From: Jacqueline Hubbard Robinson, Assistant County Attorney Re: Wilkinson House — Legal Analysis Date: October 19, 2000 In an October 16 2000 memorandum the following question was presented: Whether or not the Board of County Commissioners should revisit the commitment of TDC funds to the Wilkinson House project. Response: It is the opinion of the Office of the County Attorney that the issue should be returned to the Board of County Commissioners for further review. Recent Update From the City of Naples: On October 23, 2000 information was conveyed by the City Attorney of Naples that the property in question is currently zoned "PS" or Public Service and not for residential purposes. The Naples Comprehensive Plan also restricts the use of this property to the public service designation. In order for the property to be changed to permit its use for residential purposes an amendment to the Comprehensive Plan would have to occur. Additionally, the Society exercised its option to purchase the property on October 12, 2000. According to the Attorneys for the City, the City has no reason not to deliver a deed to the Society and will be advised to do so within the thirty (30) days required in the purchase and sale agreement. The Society is not in default. On October 13, 2000, the Society passed a corporate resolution authorizing the purchase from the City for $2,130,037.95. However, according to Attorney Stanley A. McDonald, counsel for the Society, it has nearly finalized an agreement with private parties to pay the purchase price to the City. This method will involve a loan with a pay-off term of seven (7) years. The Society would then ask the County for an eight (8) year pay out of the $stool nn 00 previously agreed upon. Mr. Mc[) mold has agreed to send the details p�thiAUMDA lTEyt f No. �'E.l� agreement to the County Attorney's office in writing. The attorney for the Society has made assurances that the property will continue to be used as a site for a Museum. The Society is also willing to refund the County's $800,000.00 if the property ever ceases to operate as a public museum. Factual Background: On August 19, 1998 the City of Naples passed Resolution No. 98 -8324 indicating that the City desired to purchase the former home of E. G. Wilkinson, the second mayor of the City of Naples. The resolution stated that the Collier County Historical Society, (hereinafter "Society "), had agreed to enter a License Agreement with the City with an option to purchase. It further stated that the Society would pay all costs associated with the repair, maintenance and improvement of the structure while owned by the City, for the ultimate benefit of the public. The mayor was authorized to execute a contract for purchase of the property on behalf of the City of Naples and, also, execute the license agreement with the Society. For purposes of the license agreement, the Wilkinson House was declared to be surplus municipal property. In Paragraph three (3) of the Resolution, the City Council specifically found that public purposes exist for the purchase of the above - described property, including public historic, preservation and public museum purposes. It was the concensus of the City Council to issue bonds to provide the money for the purchase of the property. It was further determined that the Society would provide for all of the insurance and maintenance safeguards for the City. Payments were amortized over fifteen (15) years for payment of interest and principle with .a three -year balloon. A form Purchase and Sales Contract was executed on August 19, 1998 to facilitate this process. The seller was Beach Properties Development Corporation of Fort Myers, Florida and the buyer was the City of Naples. The purchase price was $2,600,000.00. An additional deposit was to be received in escrow simultaneously upon the execution of the contract, to be made by the Collier County Historical Society, Inc., in the amount of $60,000.00. In Paragraph twenty -seven (27), it was stated that the sales contract was entirely contingent upon the enactment of an ordinance providing for the issuance of bonds to finance the purchase for the City of Naples. The contract was effective from the date of such ordinance upon the proceeds of the bonds becoming available. On August 19, 1998, the City also executed the license agreement with the Society. Shortly thereafter, the Society entered into an agreement with C. William Blomquist and Diane K. Blomquist, granting them a right of right of first refusal in exchange for a "donation" of $200,00.00. That agreement occurred on August 31, 1998. On October 16, 1998 a warranty deed was executed between the Beach Properties Development Corporation, Grantor, and the City of Naples, giving we City of Naples title to the Wilkinson House. Apparently, the City was aware of some of the termc of the NO. _4 _fTEty1 — 2 agreement between the Society and the Blomquists. In any event, it was not a party to that agreement and did not officially consent to it. On May 28, 1999, the Blomquists sold their property, which was adjacent to the Wilkinson House, and assigned their rights under the agreement with the Historical Society to their buyer, Pamela Sibcey. She purchased the Blomquist house and received as part of the purchase price, an assignment of the Society contract. Her attorney was Kevin Denti, Esquire, of the law firm of Buckingham, Doolittle & Burrows, P.A. It should be noted that when the Society came to the City for help, the City agreed to sell them the property on the condition that they repay the 2.4 million dollar bond issue which had been utilized for the purchase within 3 years, even though the bonds were outstanding for 15 years. Initially, according to the City's Finance Director, the Society had a reasonable expectation of repaying the debt over 15 years. The Society recently requested from the City an additional three (3) years to repay the debt. However, the City wanted a letter from the Sibceys saying that such an extension would not create a default under the contract with the Society. The City wanted to be protected from a default, which might give the Sibceys an immediate right, after due notice, to purchase the property. The Sibceys, apparently, however, want the Society agreement (originally with the Blomquists and now assigned to them) to be acknowledged and included in any extension agreement with the City. The City Attorney for the City of Naples has advised the City to refuse such a request. The three -year agreement will terminate in 11 months. Interestingly enough, Kevin Denti, Esquire, now represents a "blind trust" that is ready to step in and pay the 2.4 million dollars owed by the City and gain possession of the house. The building is currently zoned as a museum, or a single - family use, and is still currently owned by the City, The August 31, 1998 Contract between Collier County Historical Society and C. William and Diane K. Blomquist: a. In exchange of $200,000.00 to the Collier County Historical Society, from the Blomquists, the Society acknowledges this sum as a "donation" which can only be used to pay the City of Naples under its license agreement. The Blomquists are to pay this sum directly to the escrow agent, the law firm of Roetzel & Andress. b. The building is to be solely used as a public museum during the term of the contract. c. The Society shall not default under its agreement with the City. d. In the event of a default, the 1lomquists shall have the option, in their sole and absolute discretion, to purchase the property from the Society for the frt; N0. 3 $1,800,000.00. The Blomquists must give only 15 days notice to cure a default. If the Society fails to do so the Blomquists may proceed with the purchase. e. The Blomquists acknowledge that the Society is indebted to the City of Naples for the amount of the bonds. e. The agreement acknowledges that the Society has the option to purchase under the License Agreement. f. The Society must fulfill the terms of its agreement with the City before it can convey the property to the Blomquists. g. The Society agrees to fully cooperate with the Blomquists, to inform them of any potential default, so that they can take action to transfer funds, or other action to prevent a default. Failure to do so shall be a default under this agreement. h. The contract is assignable. i. All waivers by the Blomquists shall be in writing. j. All of the terms of any other contracts with the City are incorporated by reference. k. Neither party shall record the agreement in the public records. I. The only restrictions regarding the use of the property appear in the contract clause in Paragraph 30) regarding the duties of the Society. There do not appear to be any restrictions on the purchaser upon a default. The August 19, 1998 License For Access and Use of Property Contract Between The City of Naples and The Society: a. The initial non - refundable fee of $60,000.00 was to be paid upon the execution of the contract. An additional $200,000.00 was to be paid to the escrow agent within one (1) week, to become non - refundable on September 15, 1998. b. The City gave the Society an option to purchase with notice within three (3) years in Paragraph 1.(I) as long as it was not in default. c. Provided the Society is not in default, it was granted a license to maintain the museum, revocable "at will upon, default," for a period of thn e (3) years. d. A payment schedule of inte'est payments, plus principal payments, amortized over fifteen (15) years with a bal'oon payment in three (3) years. AGENDA ITEM] 140. __Z.__ 4 1 Ng. _:_ e. Paragraph eleven (11) states that the Society may assign its rights under the agreement "but upon any such assignment, the full purchase price ... shall be immediately due and payable ". The May 28, 1999 Assignment by the Blomquists to the Subsequent Buyers: The Blomquists assigned, for value, their rights under the August 31, 1998 agreement with the Society to the Sibceys. Information has been received that the Sibceys, or even parties unknown, may now be holding this assignment under a secret trust agreement. The August 16, 2000 letter to the Society from the Collier County Manager: a. The Board approved $800,000.00 in Tourist Development funds for the project. The final funding agreement is to "provide a protective mechanism" for the County in the event the Wilkinson House is no longer used as a public museum or the property is liquidated. The Board was to provide funding after all other funding had been collected. Conclusion: The Society is currently operating a public museum and apparently is negotiating the means to fulfill the obligation to purchase the property for over $2 million in cash to the City of Naples. In the event of default, conceivably the assignee may be able to exercise their right of first refusal and purchase the property. In that event it could still to be a "public place" since there are restrictions on use of the facility in the City's Code of Ordinances. The property is zoned for its current use as a museum and not for single - family use. The City placed few, if any protections in its License Agreement in the event of a default or exercise of the option to purchase. The property will continue to operate as a museum in the near future because of its zoning. According to the attorney for the Society, the County may condition any grant of TDC funds with the proviso that should the building cease to be used as a museum, the money will be refunded to the County. Any other conditions on the funding could be explicitly discussed at an open Commission meeting. Additionally there is some question regarding whether the property is currently in default and if so, what the City of Naples intends to do. Because of some uncertainty, it would not be unreasonable to revisit the issue. JHR:mr cc: Ramiro Manalich, Chief Assistant: County Attorney s AGF►y�y ITEW OCT.23.2000 12:26PM ROETZEL & ANDRESS A LEGAL PROFESSIONAL ASSOCIATION October 23, 2000 VIA FACSBMj TO 7744225 Jacqueline Hubbard Robinson, Esq. Office of the County Attorney 3301 Tamiami Trail East Naples, Florida 34112 Re; City of Naples s/t Collier County Historical Society, Inc. Dear Ms, Hubbard Robinson: NO.568 P.2i12 850 PARK SHORE DRIVE TRNNON CENTRE - TI4IRL NAPLES, FL 34103 941.6492791 Datser 941.649.6200 MAIN 941.261.3659 FAX gmbandc@raiaw.c= Pursuant to your request, transmitted with this correspondence are the following documents: 1. Exercise of Purchase Option received by the City on October 12, 2000, 2. Exercise of Purchase Option on the letterhead of Collier County Historical Society, Inc. with original signature and a copy of the Corporate Resolution authorizing such exercise received by Roetzel & Andress on behalf of the City on October 13, 2000. City of Naples Ordinance 98 -8421, adopting a am" scale comprehensive plan amendment for the Wilkinson House property, 4. City of Naples Ordinance 98 -8422, granting a re-zoning of the Willdnson House property from R1 -15 to PS. 5. City of Naples Resolution 98 -8424, granting conditional use approval for a cultural facility/museum on the Wilkinson House property. Please contact me if I can provide you with any additional information. For purposes of this transaoton, Stanley A. McDonald, Esq. (775 -7710) is providing legal services to the Historical Society. Xavin A. Denti, Esq. ( 591 -3232) provides representation to Pamela Sibcy, the neighboring property owner, and has been working with Mr. McDonald an the closing of this transaction. GLUh6l EncLw2res Co.* Beverly may, Esq. Stephen E. Thompson, Esq. CLEVELAND TOLEDO AKRON COLUMBUS CINCINNATI wwwralaw.corn FORT M'(ERS A G , NO. �• 330058 -1- RDNITA SPRINGS NAPLES R GCT.23.200M12 :26PMjAM ROETZEL & RNDRESS 18/ 4?12000 16,05 94344748 - CTYATTHY 'r ~4 FROM : 9,f , ATTY. M 06 NO. , 94 Tl5 Me N0.568 P.3i12 NO.---44 PACP.252 Ott. 12 2800 U: 48W P2 6JCll.CM OF AUACHA= OPTMX To: C by tR' ftlw 795 E• Street Saatfi Neplea,llL S41G2 &rf c amit mtads ro thrt camp" mw For Actses And Use OLPropeM beftw iths City of SVepiee. Lirw, w►, and the Confer County I tedcal Seuety. Im., LicatsM deed Attaust 19. 1998 which provides in pert: '2lloftw bamby pms to Mansm..dw opdon to purobeae the propmW ..per to tbs tetras get" Connstt, a copy ofwhich is eaacited baste sod kamposfted bwft rs Exiu'b 4A7. Lioee m may amclu its %%bane Opft by WrA ft'n it= notice to Seiler ducause's ktanion to Vardee in P►lldt m Opdott rt 01W time tb ft the mm Cititis Lleatas Agtmem The to end tomdWona combatl in to Cot bv4 d" tote W%m itnmed'utcly Upon U m m'e asarpiee of dhs P1 WIGn Opft; and exeattitm of tlta Co w'w in such avast "I not be reWrtd to nwder it 4ftdvt.. " 'iite Ctpiat County iratocicel Soeieey, Inc. does aew am ibtmd iwdte Cra i = to meWom said updw of purchase, sad by dw" preeeets does hereby mention old op*n COLLMUL COUNTY 43TORMAL SOCMftp INC. r y 'e A�snit, ant AGEN ? fT h9 ..___.1Jv— -. 0CT.23.2000 12 :26PM ROETZEL & ANDRESS N0.56e P.4i12 4 %r/GGI�iYi ,V� �[.ULW�/ V� Viuf POST OFFICE BOX 201 NAPLES, FLORIDA 94106 (941) 261.8164 EMCM OF PURC"E OPTION To: City ofNaplas 795 S° Street South Naples, FL 34162 Reference is made to that certain License For Access And Use Wrap" between the City of Naples, Licensor, and the Colter County Historical Society, Inc. Licensee, dated August 19, 1999 which provides in part: "Licensor hereby grants to Licenm.,.dte option to purchase the property...pursuant to the terms of the Contract, a copy of which is attachcd hereto and incorporated heroin as Exhibit 'A', Licensee may exercise its Purchase Option by providing written notice to Sellcr of Licensee's imcrrtion to exercise its Purchase Option at any time during the term ofthis License Agreement. The terms and conditions contained in the Contract 9W take oft; immediately upon Licensee's exercise of the Purchase Opticxy and execution of the Contact in such cvent shall not be required to render it effootiva, " The Collier County Historical Society, 1= does now give formal notice ofits intent to exorcise said option of purchase, and by these presents does hereby exercise said option. COLLIER COUNTY iIISTMUCAL SOCIETY, INC. V by; Jacloe Ft,anlc, Presi ent I � Z AGENA� RW, s OCT.23.2000 12:26PM ROETZEL & RNDRESS N0.566 P.5i12 CORPORATE RESOLUTION FOR COLLIER COUNTY HISTORICAL SOCIETY, INC. The Board of Directors of COLLIER COUNTY HISTORICAL SOCIETY, WC, a Florida not-for-profit corporation (the "Piaohaser" ), pursuant to the Articles of Incorporation and the By-Laws of the Purchaser, hereby approve the following resolution: BE IT RESOLVED, that JACQUELINE FRANK, as President of Purchaser, is hereby authorized to execute and deliver to the CITY OF NAPLES, a Florida municipal corporation C'Seller'j, all documents necessary to effectuate and carry out the purchase from Seller by Purchaser of the real property described as follows; Lots S. 9, 10, 11, and 12, Block 11, Ties 1, PLAN OF NAPLES, together with all right, title and interest in and to the abandoned North and South twenty (20) foot alley abutting said Lots on the East according to the plat thereof, recorded in Plat Book 1, Page S, Public Records of Collier County, Florida for the approximate purchase price of $2,130,037.95, all of which shall be executed and delivered on behalf of Purchaser. Dated October 13, 2000 as Director as Director as Director AG£NDw at,42zu72jV r 1 OCT.23.2000 12:27PM ROETZEL & FlNDRESS N0.568 BoWXIII -Page Agenda Item 7 -a Meeting of 12/16/98 ORDIbVkXCE 9a -8421 AN 0FM=VCE ADOPTING SDGILL SCALE COaO? MUMS VS PLAN AM&1MNT 98- CPA882, AMENDING TES FUTURE LM USE DAP OF TIM C0M8RE =SIVZ DEAN FROM LOW- DENBITY RZS=MMrl3LZ TO PUBLIC, SEISI-PRBLIC AND PRIVAT& MaMATION FDA PROPB.RTY LOCAMM AT 40 NIlNTA AVENUE SOUTH, MORSE PARTICM ABLY DEBCRIM HEMMIN; AND PROVIDING AN EPFECTIVE DATE. WMMWM' the City of Naples adopted a Comprehensive Plan pursuant to Chapter 163.3181 of the Florida Statutes; and WSEREAS, Chapter 163.3187(1)(c) outlines the process for small scale comprehensive plan amendments, which may occur without regard to statutory limits on the frequency of consideration of amendments to the Comprehensive Plan; and WMMEA5, Chapter 163.3187(1)(c) sets forth the criteria for small scale comprehensive plan amendment's which include the following: the proposed amendment involves a residential land use of 10 acres or less and a density of 10 units per acre or less or involves other land use categories, singularly or in combination with residential use, of 10 acres or less and: a.) the cumulative effect of the above amendment together with similar amendments shall not exceed 60 acres annually; b.) the proposed amendment does not involve the same property more than once a year, and; c.) the proposed amendment does not involve the same owner's property within 200 feet of property granted a change within the prior 12 months; and WSER&AS, the proposed amendment meets the above criteria and all other criteria for a small scale comprehensive plan amendment; and WAEREAS, the Planning Advisory Board, following an advertised public hearing, considered the public input, the recommendation of the staff, and voted 7 to 0 to recommend approval of Small Scale Comprehensive Plan Amendment Petition 98- CPAS82; and WHMX", the City Council of the City of Naples, Florida, hereby finds • that adopting the proposed Comprehensive Plan amendment is in the best interest of the public health, safety and welfare; NOW TEEZiEr=, BE IT ORDAINED BY THE COUNCIL OF TAE MY OR NAPLES, IWR=A: Seotion 1. That Small scale Comprehensive Plan Amendment Petition 98- CPAS92 is hereby adopted, amending the Future Land Use Map of the Comprehensive Plan from Low- Density Residential to Public, semi - Public and Private Recreation for property located at '40 Ninth Avenue south, more 2=j.^^ "X1A__ described as: AGENDA QEEKj OCT.23.20000- 12 :27PM ROETZEL & ANDRESS Ordinance 98 -8421 NO.568 P.7i12 Page 2 LOTS RMWE.M EIclaw (0) , NINE (9) , TEN (10) , ELEVEN (11) AM TWELVE (12), OF BLOC& NUEMM= ELEVEN (11), TIER ONE: (1), OF THE TOWN OF NAPLES, TOGETHER WITS ALL RIGHT, TITLE AND INTEREST IN AND TO THE ABANDONED NORTE AND SOUTH TWENTY (20) FOOT ALLEY LOCATED IN TIM BEAR OF AND ABUTTING SAID LOTS ON THE EAST, ACCORDING TO THE EEAB OR PLAT THEREOF ON SIZE AND RECORDED IN THE 0171C$ OF THE CLERH OF THE CIRCUIT COURT OF COLLIER COUNTY, FLORIDA, IN PLAT EOCX MM (1), AT PAGE EIGHT (B). section 2. The effective date of this Comprehensive Plan amendment shall be 31 days after adoption pursuant to Section 163.3187(3) (c), Florida statutes, or in the event that a petition is filed in accordance with Section 163.3187(3)(a), this Comprehensive Plan amendment shall become effective upon a final order issued by the state land planning agency or the Administration Commission determining the small scale development amendment is in compliance. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption o£ a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Comammity Affairs, Bureau of Local. Planning, 2555 Shumard Oak Blvd., Tallahassee, Florida 32399 -2100. APPROVED AT FIRST READING THIS 2ND DAY OF DECEL®ER, 1998, PASSED AND ADOPTED AT SECOND READING AND PUBLIC BEARING. IN OPEN AND REGULAR EE:SSIOM OF THE CITY COUNCIL, or TIM CITY OF NAPLES, FLORIDA THIS 16Tx DAY of aECEeanER, 199e. Bill Barnett, /mayor Attest: Tara A. No 'an, CIty Clerk N: \asr \COUNCIL a0\es -1421 Approved as to form and legality; Kenneth B. Cuyler, Attorney AGENDA OCT.23.2000 12:27PM ROETZEL & ANDRESS NO.568 Bae/1i•PSge Agenda Item 7 -b Meeting of 12/16/96 CRDnMNC9: 988422 AN ORDZNANCS GR?Jrg=G REZONE PETITION 98- R9'IDN ORDER TO REZONE PROPERTY AT 40 NINTH AVENUE SOOTS FROM `+R1 -15,11 RESIDENCE DISTRICT TO "PS,- POE3LIC SERVICE, MORE PARTICDLARLY DESCRIBED BZMMM; AND PROVIDING AN EFYECTIVE DATE. WNMMAS, the Collier County Historical Society as authorized agent for the City of Naples, owner of property at 40 Ninth Avenue South, has requested to rezone said property from mR1 -15,0 Residence District to "PS,° Public Service in order to be in compliance with the Comprehensive Plan; and WHERSAs, following a public hearing, the Planning Advisory Board has considered the recommendation of the staff and the public input and has recommended by a vote of 7 to o that Rezone Petition 98 -R9 be approved; and aysMm"4, After considering the recommendation of the Planning Advisory Board and City staff, following a public hearing on the subject, and providing the petitioner an opportunity to speak, the City - Council has determined that the petition should be granted; NOW TXMMFORE, BE IT CRDAII= BY THE COUNCIL OS T$6 CITY OF NAPLES, Section 1. That Rezone Petition 98 -R9 is hereby granted in order to rezone the Property at 40 Ninth Avenue South from "R1 -15,^ Residence District to "PS's Public Service in order to be in coplinnoe with the Comprehensive Plan, more particularly described as follows: LOTS NOMUMM EIGHT (8) , WINE (9) , TEN (10) , ELEVEN (11) AND TWELVE (12) , OF BLOCK NUDE ELEVEN (11) , TIER. ONE (1) , OF THE TOWN OF NAPLES, TOGETHER WITH ALL RIGHT, TITLE AND ]SCTERBST IN AND TO THE AI9ANDONED NORTH AND SOUTH TWENTY (20) FOOT ALLEY LOCATED IN THE REAR OF AND ABUTTING SAID LOTS ON THE EAST, ACCORDING TO THE MAP OR PLAT TREREOF ON FILE AND RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF COLLIER COMM, FLORIDA, IN PLAT BOOK 01O (1), AT PAGE EIGHT M. Seetiod 2. This ordinance shall take effect immediately upon the effective date of Ordinance No. 98 -6421, an ordinance adopting a Small Scale Comprehensive Plan Amendment heard and adopted in conjunction herewith. APPROVED AT FIRST READING THIS 22M DAY OF DECEMBER, 1998. PASSED AND ADOPTED AT SEC'OW RSA nM AM PUBLIC HEARING IN OF= AND REGULAR SESSION of TES CITY COUNCIL OF TIM CITY OF NAFiFS9, FLORIDA 'HIS 16 +Pxr OP/ DF,CEMBER, 1998. �'8 Sarn tt, D(ayor'!/, Attest: - .Approved an to form and legality: ` AGENDA Tara A. Normah, City Clark Kenneth B. Cuyler, [ °,' 4At=4J y x: \RBF\CCEN= \CRC \98 -9422 , pa -' - �FA (�r N0.568 P. 9/12 OCT.23.200& 12 :28PM . :ROETZEL & RNDRESS�,L Y�i9 �� UC 119. +a.ov Book III •Page,_ fil9 (W MW ° ' 9MAi''1a W Widti14 UMM of,,C,,ows DRY, 9L' 179. M a 8 W /li }1999 It 11 :1W DYiGM 9. -awl ca99L MAI it 71112 Agenda Item 7 -d Meeting of 12/16/98 RESOLUTION 98 -9424 A RESOLUTION GRANTING CONDITIONAL USE PETITION 9B -CU23 FOR CONDITIMMZ USE APPROVAL OF A CULTURAL FACILITY /MUSEUM AT 40 NINTH AVENUE SOUTH, MORE PARTICULARLY DESCRIERD HER EIN, SCDJECT TO THE CODIDITIONS LISTED HEREIN, PROVIDING FOR THE CITY CLERK TO RECORD SAID CONDITIONAL USE; AND PROVIDING AN 7MIRATION DATE AND AN EFFECTIVE DATE. WHEREAS, section 102- 743(4) of the Code of Ordinances requires conditional use approval for a cultural facility /museum in the "Ps," Public Service zoning district; and WHERE", the Collier County Historical Society, as authorized agent for the City of Naples, has requested conditional use approval to operate a cultural facility /museum on said property; and WEM MRS, the Planning Advisory Board, following an advertised public hearing, considered the public input, the recommendation of the staff, and the standards and guidelines of Subsection 86- 203, Conditional Uses, and recommended by a vote of 7 to 0 that Conditional Use Petition 98 -CU23 be approved, subject to a number of conditions, finding that the criteria had been met; and �� WHEREAS, after considering the recommendation of the Planning Advisory Board and providing the petitioner an opportunity to speak, the City Council finds that the criteria for conditional uses, as listed in Subsection 86 -203 of the Comprehensive nevelopment Code, have been met and that the petition should be granted; MOW, THFISPORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NAPLES, FLORIDA: Section 1. That Conditional Use Petition 98 -CU23 is hereby granted fez conditional use approval of a cultural facility /museum at 40 Ninth Avenue South, more particularly described as: LOTS NUMBERED EIGHT (a), NINY (9) , 22m (10), BLSVEN (11) AND TWELVE (12), OF BLOCS NUMBERED ELEVEN (11), TIER ONE (1) , OF THE TOWN OF NAPLES, 'TOGETHER; WITH ALL RIGHT, TITLE AND INTEREST IN AND To THE AHANDm= NORTH AND SOO= TWENTY (20) FOOT ALLEY LOCATa77 IN TUC REAR OF AND ABUTTING SAID LOTS ON THE EAST, ACCORDING To THE . MAP OR FLAT THEREOF ON FILE AND RECW.MCO IN THE OFFICE OF THE CLMM OF THE C7;RCUIT COURT (IF COLLIER COUNTY, FLORIDA, 771 PLAT BOOR ONE (1) , AT PACs; =GMT (8) . Scotian 2. That this approval is subject to the following conditions: A. All Australian Pine seedlings shall ' duce. 94j ^`au`x�t N0.. � sCxCTx .12�31 .200 12 :28PM ROETZEL & ANDRES y ,'' e -NO. 568 P.10/12 , •rg ; � P';: 522 PG; 0314 Resolution 98 -8424 B. Any renovations to the residence shall be subject to all applicable city codes, C. All events shall be limited to five hours. D. All events shall end no later than 10:00 p.m, E. On-site parking shall be limited to thirteen vehicles, F. No parking shall occur in the alley to the south of the property, G. A temporary use permit -shall be obtained for all outdoor events. H. A loading and unloading area shall be clearly identified to provide a designated loading and unloading area for service vehicles. 1. A hedge, similar to the existing hedge to the north and east of the property, shall be installed along the southern property line to buffer the use from the adjacent single - family residence, subject to negotiation with the current property owner to the south, J. The conditional use shall be subject to the existing building. If the existing building is destroyed, the conditional use shall expire, K. If ownership of the "Wilkinson House' located at 40 Ninth Avenue south, more particularly described in section one above, is' transferred from the collier county Historical Society to any other party, the conditional use shall be null and void. L. No regularly scheduled motorized tours that incorporate the area of Ninth Avenue south, west of Gulf shore Boulevard shall be permitted. M. The use of commercial and public buses for the purpose of tours of the property at 40 Ninth Avenue South shall not be permitted. However, a trolley or similar vehicle may be used as a shuttle service for special events. N. No more than three events annually shall be permitted to use a tent. The use of the tent shall be limited to a total of 48 hours for any one event. Tents may not be used twice within a 7 -day period. 0. Hedges and landscape plants shall be well mainta.iaed and cut to a height that will adequately shield the property, but should not restrict the view of the beach from neighboring properties. 4ENpf 2, A total of 26 events shall be permitted annualz�y N9 ITEM follows: 1 Events with 40 or less people - 12 times per yeas; Events with 41 -100 people - 12 times per yea.: .--I OCT.23.2000.,:12 :28PM.. ,ROETZEL & RNDRESS Rasolutiea 98 -8424 N0.568 P,11 /12 Book III • Page _ page Events with 100 -350 people - 2 times per year Events with 100 -350 people shall require the Historical Society to notify the adjacent property owners (residents on 9u Ave. west of Gulf Shore Blvd.) in writing 14 days prior to the scheduled event. Permits shall be required through appropriate City departments for events for 41 persons or more. No more than two events of more than 12 persona will be allowed per week. There will be no limitation of events with 12 persons or less. 0. From November through May, house tours shall be limited to Tuesday through Friday and only One weekend 'day from 1 to 4 p.m. Prom May through. October, house tours shall be limited to one weekday and one weekend day from 1 to 4 p.m. Section S. That conditional use approval in conditioned upon construction in substantial compliance with a site plan drawn by Richard W. Morris, AIA, dated 10/12/98. The site plan was submitted as a component of the conditional use petition and is attached hereto and made a part hereof. Section 4. That the City Clark shall record this resolution approving the conditional use in the Public Records of Collier County, Florida. Section S. That this resolution shall expire on 12/16/99, unless a L building permit based upon and incorporating the conditional use is issued before that date, or, if a building permit is not required, the approved uses have not commenced, Section G. This resolution shall take effect immediately upon the effective date of Ordinance No, 98 -8422, a rezone ordinance adopted in conjunction herewith. PASSED = OPIM AND REGULAR. 9&SSION OF C c09NCS of TIM CITY of HILPLEs, FLORIDA, T=S 16TH DAY of D8 6 '; '' ''' u b0> ill Harnett, Mayor • 0 T Npramap W ty Clark • � �� 'aPs6 \C0��1':CIIr�R6S�'�B —B92, ':1 Apptovad -as` td' accuracy: , �Cas'sF -•8 Planning Upartmen THE UNDERSIGNED PETITTOWM AGREES PROCEDURES SET FORTH Iid SECTION 2 Approved as to form and legality: B� Kenneth S. Cuyleri� zy Attorney TO COMPLY WITH THE STANDARDS AND and 3; ABOVE, AND ACIKNOWLEDGES THE eta cs� N N b 0 r-. r.s CCT.z3.z00A6 12 29PM RCETZEL & RNDRESS �"�� .�110� 2322 i�1 1 jQ12 Resolution 96 -9424 � Pagi ADTHORITY OF THE CITY COUNCIL TO REVOKE THIS CONDITIONAL USE, IF ANY CONDITIONS SET FORTH HMIN ARE 'VIOLATED, i Historical sq,ciety Witnesas'-y.- , / ,t./ IICi:r .Lr•7L_ Q'Jf ns..l Print Name: ate ,, ,(. , Witness: Kit P--,G Pri, Name: STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me thin sr ,. day of — r 193, by Ll- jrgRnK- �No ry Public',, estate 0/2 ,*orida �./i.Y� Commission Exp' es: Personally Known Produced Identification VLZ / Type of Identification Produoed FL• �liyPrS C no7GZ r6S�-ya3 -3s �3�0 *For the diagrams listed as atmehed, refer to Supplemental Map Drawer 3. ►J<TI�CY1 LYW4 MIS k]�rWEi Oa; sf� � � AftAaRIO ��Ca, Nl`. 4 •' t- , OBJECTIVE: To appoint 1 member to a 4 year term, expiring on October 1, 2004 to the Collier County Planning Commission representing Commission District 2. CONSIDERATIONS: This 9 member committee assists in the formulation and review of the Comprehensive Land Use Plan, Land Development Code, and amendments to both, and then submits their recommendations to the Board for final decision. Members are required to file a Form 1, Statement of Financial Interest each year with the Supervisor of Elections. Terms are 4 years. A list of the current membership is included in the backup. The term for Michael J. Bruet expired on October 1, 2000. A press release was issued and resumes were received from the following 4 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Henry J. Fay, Ph.D. District 2 2 Yes None Ruth Conroy District 2 2 Yes None Kay Stammers District 2 2 Yes None Dwight Richardson District 2 2 Yes I None COMMITTEE RECOMMENDATION: No Recommendation. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the requests for appointment, appoint 1 member to represent Commission District 2 on the Collier County Planning Commission, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: NOVEMBER 14, 2000 AGENDA 7EM1 Wt. ,_ /C pg. __—J Memorandum To: Sue Filson, Administrative Assistant Board of County Commissioners From: Bob Mulhere, AICP, Planning Services Director Date: October 16, 2000 Subject: Additional Applications for CCPC Vacancies As an advisory board which makes decisions on quasi - judicial land use petitions, the Collier County Planning Commission voted unanimously against making recommendations for specific applicants to fill vacancies on the Planning Commission. Based on my review of the attached resumes and back up material, all of the candidates appear to be qualified. provided all reside within the appropriate commission district boundaries. Per your request I have attached a spreadsheet summarizing pertinent information for each of the applicants for appointment received. Cc: John M. Dunnuck, III, Interim Administrator Community Development & Environmental Services Division Community Developmem d Environmental Services Division AGENDA 11 k-M Pk- k V \ \ E E k 3 E � > � $ ) AGENDA ffX ! ¥! d± \ / / 7 / §§ :2 .2 n % ( ( k § o \) ) N k \ / cio ) 0 n ƒm 0) . } -C / -2» rr- $@$ } & §2 }� E (E \A§ ;2 m 2 �> )£ \8 /e u�o2 Lk k �\ q2 E/0 , .E ' E U) 0 > ° 6 = -a a: } a- a §} \) Com LO § E \ : _ / j \ \ ) \ 0 = @ E m « G E or={j® o(n / k)-0E� fƒ » �7 \ \ m ) 7 �\\ /ƒ\\ )j ) § 24 a E L) to k CL z co 8 p 2 = U) ) \ / ¢ a\ 2 �§ �2 k=\} CO \i kƒ d) }/ (oZ f}jZ E ) § \ c L V LL 0 / ° m . j . ® k ^ / k :) 2 AGENDA ffX ! ¥! d± \ / Collier County Planning Commission Name Rork Phone Appt'd Exp. Date Term Home Phone DateRe -apps 2ndExpDate 2nd Term Ms. Lora Jean Young 09/12/00 10/01/03 3 Years 1268 N. Collier Boulevard Marco Island, FL 34145 District. 1 Category: Commission District Mr. Russell A. Budd 5981 14th Avenue, N.W. Naples, FL 34119 District: 3 Category: Commission District Mr. Sam Saadeh 5995 Tenth Avenue, S.W. Naples, FL 34116 District: 3 Category: Commission District Mr. Kenneth L. Abernathy 4200 Belair Lane, Apt. 108 Naples, FL 34103 District: 4 Category: Commission District Mr. Russell A. Priddy 13213 C.R. 858 Immokalee, FL 34143 District: 5 Category: Commission District Mr. Gary Wrage 11023 Linnet Lane Naples, FL 34142 District: 5 Category: Commission District 642 -5925 643 -6527 09/21/93 594 -3012 09/23/97 353 -5444 09/19/99 777 -7776 09/29/99 263 -4295 657 -6661 09/23/97 657 -3171 11/05/96 592 -6154 09/26/00 10/01/97 10/01/01 10/01/03 10/01/03 10 /01 /01 10/01/00 10/01/04 4 Years 4 Years 4 Years 4 Years 4 Years 4 Years 4 Years AGFNDA. rrEM RC r / —.QtZ.- Collier County Planning Commission Name Work Phone Appt'd Exp. Date Term Home Phone DateRe -appt 2ndExpDate 2nd Term Mr. Michael J. Bruet 209 Egret Avenue Naples, FL 34108 District: 2 Category: Commission District Ms. Joyceanna J. Rautio 10261 Windsor Way Naples, FL 34109 District: 2 Category: Commission District Mr. Michael Pedone 5174 Mabry Drive Naples, FL 34112 District: I Category: Commission District 2614455 592 -0027 591 -1130 592 -7530 774 -3343 775 -1158 08/15/95 10/15/96 09/29/99 09/26/00 07/16/96 09/23/97 10/01/96 10 /01 /00 10 /01 /00 10/01/04 10/01/97 10 /01 /01 1 Year 4 Years 1 Year 4 Years 1 Year 4 Years This 9 member committee was created by authority of Chapter 67 -1246, Laws of FL. On 09/03/85 the BCC adopted Res. No. 85 -190, expressing intent to consider an ordinance consolidating functions of Coastal Area Planning Commission and Immokalee Area Planning Commission into CCPC. On 09124/85, Ord. No. 85 -51 created the CCPC, which was repealed by LDC Ord. 91 -102. This committee assists in the formulation and review of the Comprehensive Land Use Plan, Land Development Code, and amendments to both, and then submits their recommendations to the Board for final decision. Members are required to file a Form 1 Statement of Financial Interest each year with the Supervisor of Elections. Terms are 4 years. FL STAT.- Staff: Robert Mulhere, Planning Services Director:: 403 -2300 Wednesday, September 27, 2000 Page 2 of 2 s MEMORANDUM DATE: October 9, 2000 TO: Vinell Hills, Elections Office FROM: Sue Filson, Administrative AssistaV, Board of County Commissioners tx l RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. COLLIER COUNTY PLANNING COMMISSION COMMISSION DISTRICT Henry J. Fay 632 98" Avenue, North Naples, FL 34108 Ruth Conroy 62498 Ih Avenue, N. p� Naples, FL 34108 Kay Stammers 17 Bluebill Avenue (/y� Naples, FL 34108 (� Dwight Richardson 725 101" Avenue, North Naples, FL 34108 UUU Thank you for your help. AGENDA {TEh4 MEMORANDUM DATE: October 9, 2000 TO: Robert Mulhere, Planning Services Director FROM: Sue Filson, Administrative Assistant Board of County Commissioners RE: Collier County Planning Commission As you know, we currently have a vacancy on the above - referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Henry J. Fay 632 98"' Avenue, North Naples, FL 34108 Ruth Conroy 624 98" Avenue, N. Naples, FL 34108 Kay Stammers 17 Bluebill Avenue Naples, FL 34108 Dwight Richardson 725 101 'Avenue, North Naples, FL 34108 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time -frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774 -8097. Thank you for your attention to this matter. SF Attachments 4 AGENDA ffW, No 1f1 o: +1- 941 - 774 -3602 @ 941- 774 -3602 From: Hank Fay Via eFax.coa Pg 1/ 2 10 -06 -00 01:41 PM (941) 513 -0602 Henry J. Fay 632 98i6 Ave North Naples, FL 34108 October 6, 2000 Ms, Sue Filson The Board of Collier County Commissioners 3301 East Tamiami Trail Naples, FL 34112 -4977 Dear Ms. Filson, 1996. hank@prosyspins.com I am writing in application for the vacant position on the Planning Commission. I have been a fulltime resident of Naples since 1998, and lived here half -time here since By way of education and agency planning experience, I believe I am qualified to handle the work load of the planning commission. I have enclosed a brief resume which highlights relevant experience. I am self - employed in the computer software industry, and thus have a schedule flexible enough to meet Planning Commission duties. Of course, I am a fulhime resident. ]-rank you for your attention to this application. Sincerely, Henry J. Fay AGENDAm No..1c �C�- o: +I -941 -774 -3602 @ 941 -T14 -3602 From: Hank Fay Via eFax.coe Pg 2/ 2 10 -06 -00 01:41 PM 632 98M Ave N Phone (941) 513 -0602 Naples, FL 34108 Fax (530) 681-9182 E -mail hank@prosysplus.com Henry J. Fay, Ph.D. Summary of 1990- 1998 Onondaga Council on Alcoholism and Related Substance Abuse, Inc Syracuse, NY Experience Chair, Planning Committee; Member, Executive Committee • Reviewed Agency Program Plans, including initiation of the Program Planning Process, of o $1 M+ budget agency. 1982- 1990 Anorexia /Bulimia Support, Inc., Syracuse NY Board President • Led agency into cooperative relationship with another United Way agency • Led agency through new United Way funding process 1986- 1988 American Psychological Association Washington, DC Founder, Managed Care Marketing Committee • Helped APA develop stategy to deal with Managed Care 1980 - 1982 Madison County Health Systems Council Wampsville. NY Board President • Preserved Council autonomy in the face of budget cuts • Strengthened voice of Councils in setting healthy policy for 11- county upstate catchment area 1976-78 Madison County Mental Health Dept., Wampsville, NY Supervising Psychologist/Assistant Administrator • Performed all budgeting, program planning, and state reporting functions • Supervised clinical staff Education 1968- 1973 George Peabody College Nashville, TN Ph.D. (Clinical Psychology) • Co-founder of successful program in Murfreesboro, TN VA Hospital helping patients leave locked ward after 2D years hospitalization Community activities Currently involved with Religious Leader, Concerned, an interfaith group s.ipporting the farmworkers in Immokale: in their search for workplace jtstice, representing the Fort Myers Mor thly Meeting of the Religious Society of Friends (Quakers). AGENDArTEM October 4, 2000 Ms. Sue Filson The Board of Collier County Commissioners 3301 East Tamiami Trail Naples. FL 34112 -4977 Dear Ms. Filson. I am writing in application for the vacancy on the Planning Commission Board in the Second District, as advertised in the press release dated 9/15/00. I have been a full time resident of the Second District in Collier County since 1984 and have been active in a number of community organizations. I have 21 years experience in the Department of Defense and my duties included, planning, budgets, and computer systems. Please see my enclosed resume for details of my experience. I would really like the opportunity to contribute to my community by serving on the Planning Commission. Please don't hesitate to call me if I can supply any further information. Thank you for your consideration. Respectfully submitted, Ruth Conroy 624 98th Ave. N Naples, Fl 34108 597 -8954 nfn07486 @naples.net AGFhi A flEIV ..�z 9-177171 M . Objective b24 98th Avenue North Naples, Florida 34108 Ruth Conroy Place of birth: New York City, New York Phone 941 -597 -8954 E -mail nfi07846(iD.naples. net Date of Birth: August 2, 1922 Children: Judge Stephen Conroy, Edmonds, Washington Reverend Patrick J. Conroy. S.J., Georgetown University, Washington. D. C. Rebecca A. Conrov. Fern Park, Florida Single Parent since 1959 Moved to Naples Park in March of 1984 and been full time resident ever since. To serve the Second District of Collier County on the Planning Commission Board Employment 1959- 1982 C.S. Department of Defense Washington, D.C. • 'years Accounting and Budget clerk with U.S. Army • 21 years Computer Svstems Analyst with U.S. Navy • Involved in Planning, Hardware Acquisition Justifications and Requirements • Liaison between management and data processing organizations • Retired 1982 Education B.S. Science, 1943 Mary Washington College Fredericksburg, VA Volunteer experience In Collier County: • Naples Park Area Association Board Member for 10 years • National Association Retired Federal Employees, Chapter 1107, 15 -year member and News Secretary for 5 years. • Family and Community Educators. r runty Council, member 14 years, treasurer 5 years. • Family and Community Educators, North Naples Club, member 14 years, treasurer 5 years. • Naples Concert Band, member 16 years, board member 15 years. • Gulf Coast Big Band, member 9 years board member 9 years, and librarian. • British Brass Band, member and player 4 years. • St. John the Evangelist Catholic Chi rch, member since church was built. AGENDA. iTE 4 � Oct 05 00 02:05p K STRMMERS 9415925691 p.1 October 4, 2000 Mrs. Sue Filson Administrative Assistant Board of County Commissioners 3301 Tamianv Trail East Naples, Florida 34112 Dear Mrs. Filson: I am submitting my application for the vacant seat on the Collier County Advisory Board of the Planning Commission for District 2. Please call me if you require further information. Cle� V/lGYrrrm E� Kay Stammers 17 Bluebill Avenue Naples, Florida 34108 941 592 5691 cc. Commissioner James Carter AGENDA ITEM Nt)..1. Oct 05 00 02:06p K STAMMERS 9415925691 Kay Stammers 17 Bluebill Avenue Naples, Florida 34108 941 592 5691 Education: University of Rhode Island, Kingston, R.I. B.S. Home Economics University of Michigan, Arm Arbor, Mich. Executive Development Program Massachusettes Institute of Technology, Cambridge, Mass. Executive Development Program Insead, Burgenstock, Switzerland Executive Development Program Professional Eastman Kodak Co. Executive, retired Experience: A business and human resource senior leader /manager with a proven record of significant accomplishments in both traditional and transformational environments. Team leader for development and implementation of strategic and operational policies. Team leader for divestiture of businesses. As such, negotiated the sale of seven (7) major businesses for the company from the human resources aspects resulting in $8 Billion cash flow to the company. Provided leadership for 6 business units from a human resource prospective. Managed a food operation with gross revenue of over $21 million. Skills: Strategic and operation planning Strategic alignment with company goals and objectives Negotiation Leadership and management Team player 10/04/00 A tO,. p.2 Ms. Sue Filson The Board of Collier County Commissioners 3301 East Tamiami Trail Naples, FL 34112 -4977 Dear Ms. Filson, September 21, 2000 h W1L: _Jl2ti Enclosed is my "Highlight Bio" submitted in response to the press release dated September 15, 2000 seeking applications for a seat on the Collier County Planning Commission. As my resume indicates, I have been living full time in Collier County since 1987 and have been active locally in a variety of elected and appointed positions. I am familiar with the planning process and procedures used in Collier County from my experience as a citizen member of the ad hoc committee to review the initial Unified Land Development Code and the extensive public hearings leading to its adoption. I am vitally interested in the development plans throughout Collier County and especially in Northern Collier County whereso much of the new growth is occurring. I have the time, background and interest to be a contributing member of the Planning Commission. Please call me if you or Commissioner Carter have any questions or need any clarifications concerning this submission. Respectfully Submitted, Awigh Richardson 725 1(Ylst Ave. N Naples, Fl 34108 Enclosure ACHE -ND�' 1 E Highlight "Bio" * *oDV fight E. Richardson••• 9/21 /2000 725101st Ave. N. Naples, FI 34108 594 -5341 (tel. and Fax) e-mail: astat @guifaccess.net mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm Place of Birth: Garnett, Kansas pate of Birth, Sept. 25, 1932 Name of Spouse Angela D. (Stathatos) Richardson .hildr n• Scott Richardson, Burlington, Vermont Kim Richardson, Jordan Valley, Oregon Fducation: Marceline High School, Marceline, Missouri (1950) University of Missouri BA Personnel Psychology (1956) Pace University M BA (1976) Mili a Service Active Service 8/2/53 to 8/3/55 with U.S. Marine Corps. . .Served in California, Korea, Japan, North Carolina. . .Reserve until 8/30/61 Work Experience: Joined AT&T July 1956 as a Student Engineer. Held various management positions in Comptroller, Marketing, Network, Traffic and Engineering Departments. Spent 5 years with Bell Laboratories heading a group responsible for developing Business Information Systems for traffic engineering and planning for Bell System use. Became a Division Manager (4th level) of Intercompany Relations at the AT &T General Departments in 1976 responsible for joint planning of the telephone and data network with 1500 Independent Telephone Companies. With the planning for the divestiture (break -up of the Bell System), was appointed Director of Industry Relations (5th level) in August of 1983. Became Director of Marketing -- Carrier Services for AT &T Communications in October 1985 heading an organization of 420 people selling facilities and services to the other common carriers. At the time of retirement in April 1987, was responsible for an annual revenue stream to AT &T of $1.2 Billion. (Before moving to Collier County) 1968 -70 President of Poricy Park Citizens Committee -- Middletown, N.J. 1970 -73 Member of Environmental Commission -- Middletown, N.J. 1970 -76 Chairman Middletown Township Planning Board 1977 -80 Board of Directors Memorial Association- -Red Bank, N.J. 1979 -82 Board of Directors Community Services for the Handicapped 1985 -87 Member of Somerset County (N.J.) Development Council Community activities: (Since Moving to Collier County) 1987 -2000 Member of Naples Concert Band (French Horn) 1987 -1992 Director of Publicity, Naples Concert Band 1988 -1997 Board of Directors Naples Concert Band 1994 -1997 President of Naples Concert Band 1989 -1993 Board of Directors, Imperial Golf Estates Homeowners Association 1992 -1993 President of Imperial Golf Estates Homeowners Assoc. 1990 -1993 President of Greater Imperial Board (Master Assoc. of 1872 residential units - -12 Assoc.'s. in the Imperial Area) 1990 -1991 Appointed by the Board of County Commissioners to serve a s a citizen member of Ad Hoc Committee to review the County's Unified Lana' Development Code 1990 Member of founding group for the Second District Association for:nnd to advance the interests of the property owners in northern Collier county 1990-1999 Board of Directors of Secoitd District Association 1993 Present Member of Naples ParC Area Association AGENDA ' 1998 Present Advisory Board of Directors Citizens Community AGENDA rk k OBJECTIVE: To reappoint 3 members to serve 4 year terms expiring on September 23, 2004 and 1 member to fulfill the remainder of a vacant term expiring on September 23, 2002 on the Immokalee Beautification MSTU Advisory Committee. CONSIDERATIONS: This 5 member committee advises the Board of County Commissioners on the budget and related matters pertaining to the beautification taxing district. Members must be residents of the Immokalee Beautification Taxing District. Terms are 4 years. A list of the current membership is included in the backup. A press release was issued and resumes were received from the following 4 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. NOTE: Section Seven (b.) (1) of Ordinance 86 -41 states "Terms of office for Board members " shall be limited to two consecutive terms of service on any one Board..." Under (2) of the same section, it is noted that `By a unanimous vote of the Commission, the limitations set forth in subsection (b) (1) above may be waived ". According to available records, Dorcas F. Howard, Cherryle Thomas, and Rita Avalos have all served more than 2 consecutive terms. Should the Board wish to re- appoint Dorcas F. Howard, Cherryle Thomas and Rita Avalos, the limitations on two consecutive terms will need to be waived. COMMITTEE RECOMMENDATION: No Recommendation FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the requests for appointment, appoint 4 members to the Immokalee Beautification MSTU Advisory Committee, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: November 14, 2000 ,^ AGENDA �fftM N0... % Z7 Dorcas F. Howard MSTU District 5 Yes Reappointment Cherryle Thomas MSTU District 5 Yes Reappointment Rita Avalos MSTU District 5 Yes Reappointment Sharon K. Tims MSTU District 5 Yes none NOTE: Section Seven (b.) (1) of Ordinance 86 -41 states "Terms of office for Board members " shall be limited to two consecutive terms of service on any one Board..." Under (2) of the same section, it is noted that `By a unanimous vote of the Commission, the limitations set forth in subsection (b) (1) above may be waived ". According to available records, Dorcas F. Howard, Cherryle Thomas, and Rita Avalos have all served more than 2 consecutive terms. Should the Board wish to re- appoint Dorcas F. Howard, Cherryle Thomas and Rita Avalos, the limitations on two consecutive terms will need to be waived. COMMITTEE RECOMMENDATION: No Recommendation FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the requests for appointment, appoint 4 members to the Immokalee Beautification MSTU Advisory Committee, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: November 14, 2000 ,^ AGENDA �fftM N0... % Z7 0 Memorandum To: Sue Filson, Administrative Assistant Board of County Commissioners From: Michael S. Levy, Senior Secretary Landscape Operations Date: 10/26/00 Subject: Immokalee MSTU Advisory Committee Vacancy The Immokalee Municipal Services Taxing Unit (MSTU) Advisory Committee has a vacancy on there committee. The committee had to cancel their September and October meetings, due to no quorum. A decision on the vacancy, therefore, could not be made. /ml Transportation Servi;es Department Y t taa.1 O. Immokalee Beautification MSTU Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe -appt 2ndE_xpDate 2nd Term Denise A. Smith 607 Nassau Street, Apt. 41 Immokalee, FL 34142 District: 5 Category: ,d Michael S. Garrett, Jr. f S a�.1,a 1103 Monroe Avenue Immokalee, FL 34142 District: 5 Category: Dorcas F. Howard P.O. Box 154 Immokalee, FL 34. .3 District. 5 Category: Cherryle Thomas 516A Farmworker Village Immokalee, FL 34142 District: 5 Category: 657 -3171 12/15/92 09/23/94 2 Years 657 -4242 2/9/99 09/23/02 4 Years 658 -3572 11/05/96 09/23/98 3 Years £y, 657 -5115 03/28/89 09/23/92 4 Years 657 -3492 11/5/96 09/23/00 4 Years 10/04/88 09/23/92 4 Years 11/5/96 09/23/00 4 Years Rita Avalos 657 -3681 09/23/86 09/23/88 2 Years / 1507 Eighth Avenue 11/5/96 09/23/00 4 Years Immokalee, FL 34142 District: 5 Category. This 5 member committee was created by Ord. No. 85-65, amended by Ord. No. 90 -8 and 92-40 to assist the Board of County Commissioners in the business affairs of the Immokalee Beautification Taxing District, and prepare and recommend an itemized budget to carry out the business of the district for each fiscal year. Membership represents the population of the area within the Immokalee Beautification District. Terns are 4 years. FL ST.9T.• 125.01 Sta(ji sginV eer II: 774 8494 AGENDAITEm ' NQ..... MEMORANDUM DATE: September 15, 2000 TO: Vinell Hills, Elections Office FROM: Sue Filson, Administrative Assistant i Board of County Commissioners y RE: Voter Registration - Advisory Board Appointments s_ The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. IMMOKALEE BEAUT ADV COMM Sharon K. Tims 202 Eustis Avenue Immokalee, FL 34142 U Thank you for your help. COMMISSION DISTRICT AGENDA MW No i MEMORANDUM DATE: August 21, 2000 TO: Vinell Hills, Elections Office i FROM: Sue Filson_ Administrative Assis Board of County Commissioners RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also. please Iist the commission district in which each applicant resides. LMMOKALLE BEAUTIFICATION ADV COMM Dorcas F. Howard P.O. Box e Immokalee, FL =143 Cherryle Thomas 516A Farmworker Village 1/ Immokalee, FL 3,414 U Rita Avalos 1507 Eighth Avenue Immokalee, FL 34142 Thank you for your help. COMMISSION DISTRICT AGEN11A [T -14 IBC: _. t r. �n� O �n AGEN11A [T -14 IBC: _. t r. MEMORANDUM DATE: September 15, 2000 TO: Mike Levy, Senior Secretary Transportation Department FROM: Sue Filson, Administrative Assistant' ,. Board of County Commissioners % RE: Immokalee Beautification Advisory Committee As you know, we currently have vacancies on the above- referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Sharon K. Tims 202 Eustis Avenue Immokalee, FL 34142 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time -frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774 -8097. Thank you for your attention to this matter. SF Attachments i AGENDA ITE.1 NOV Sharon K. Tims 202 Eustis Avenue Immokalee, FL 34142 To Whom It May Concern: My name is Sharon Kaye Tims. I have lived in Immokalee, Florida at 202 Eustis Avenue for approximately 25 years. I am presently empioved with Coliier County Public Schools. I would like to be an active member of the Immokalee Beautification Committee. I am concerned about the beautification of this community and I would like to help make a difference. S Sh aron K. Tims AGENDA ITEM NO. MEMORANDUM DATE: August 21, 2000 TO: Mike Levy, Senior Secretary Transportation Department i FROM: Site Filson. Administrative Assis an Board of County Commissioners RE: Immokalee Beautification Advisory Committee As you know_ we currently have vacancies on the above - referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Dorcas F. 1 IL) ward P.O. Box 15-t lmmokalee. FL _;4143 Cherryle Thomas 516A Farmworker Village Immokalee. Fi, 34142 Rita Avalos 1507 Eighth Avenue Immokalee. FL 34142 Please let me know. in writing, the recommendation for appointment of the advisory committee within the 41 day time - frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774 -8097. Thank you for your attention to this matter. SF Attachments AGENDA FTEIai NQ, /o 9416578482 FL COMMUNITY BANK 436 P01 AUG 18 '00 14:19 August 18, 2000 Sue Filson Administrative Assistant Board of County Commsioners 3301 E. Tamiami Trail Naples, Florida 34112 FAX: 774 -3602 RE: Rita Ava105, Dorcas Howard, and Cherryle Thomas's Membership Terms Dear Sue: Please accept this letter as a temporary letter of intent to continue to serve as a committee member on the above three mentioned individuals. I have spoken with Rita Avalos on the phone or or around August 141i and she implied that she would be continuing to serve on the committee. However, she is currently on vacation and unable to send in her own letter of intent. At the monthly committee meeting (August 16'") Dorcas Howard stated to those in attendance that she would continue to serve on the committee. She has been contacted and hopefully will be getting in her letter to you today the 181i. I have been unable to reach Cherryle, but have left messages. A third party (Dorcas Howard) has told me that she had spoken with Cherryle, and that Cherryle had verbally committed to serving on the committee. I hope this is sufficient at this time to understand that intend of the above three mentioned ladies is to continue to serve on the Immokalee M.S.T.U, Beautification Advisory Committee, I will follow -up with them next week. S' rely, Denise A, Smith Chairman Immokalee M.S.T.U. C/o 1400 N. 151i Street Immokalee, Florida 34142 AGENDA rrrm No� r, n August 18, 2000 TO: Sue Filson FR: Dorcas F. Howard RE: Immokalee MSTU This memo expresses my interest to continue to serve as a member of the Immokalee Lighting and Beautification Committee. Tn' { hrin, ON 17t7: 7T nn, AT 6nH Tai AGENDA nttO No - i IMMOKALEE BEAUTIFICATION M.S.T.U. ADVISORY COMMITTEE RECEIVED February 24, 1999 ked of punt, oncnt.s5?nt;erv- Sue Filson, Administrative Assistance Board of County Commissioners 3301 Tamiami Trail East, Building F Naples, FL 34112 SUBJECT: Immokalee M.S.T.U. Beautification Board Vacancy Dear Ms. Filson: This letter is to inform the Board of County Commissioners that, effective May 21, 1997. member Michael Garret resigned his position on the Immokalee Beautification Advisory Committee. The minutes from that meeting (attached) reflect that he stated he would be moving out of the area. and therefore was no longer eligible for membership on the Committee. Due to an oversight, this information was not conveyed to the Board in writing. At our regularly scheduled monthly meeting on February 24, 1999, the Committee recommended to staff that this position be advertised to the general public as vacant, effective immediately. Sincerely, Denise A. Smith, Chairman Immokalee Beautification M.S.T.U. Advisory Committee Cc: Edward J. Kant, F.E., Transportation Services Director Dan DeCesare, Engineer II Landscape Operations File AGENDA ITEM€ NC, _ /c O_ -- - (P� !(--. Collier County Government Center • 3301 Tamiami Trail, East • Naples, Florida 33962 IMMO: .LEE BEAUTIFICATION t� 3.T.U. ADVISORY COMMITTEE MeetintJ of May 21, 1997 1 . The Immokalee Lighting and Beautification District Advisory Committee Meeting of Wednesday, May 21, 1997 was called to order at 5:00 p.m. 2. ROLL CALL: Members present were Denise Smith, Michael Garrett, members. Also Present: Chuck Buckley, Commercial Land Maintenance; Steve Fabiano and Val Prince, Transportation Administrative Services; Joe Delate, Office of Capital Projects Management; Mike McGee, NAcCee & Associates; Jacqueline Silano, recording secretary. Absent: Rita Avalos, Cherryle Thomas, Dorcas Howard, members. Guests: Amy Taylor and Ken Heatherington, Collier County Metropolitan Planning Organization. 3. GUEST'S COMMENTS its. Taylor provided information about the FDOT Enhancement Grant, know` as ISTEA (Intermodial Surface Transportation Efficiency Act). The application should be submitted by June 16, with acceptance notification coming In September. The grant covers projects such as new construction, right of way acquisition, pedestrian walkways, landscaping, irrigation and pedestrian access light . It does not cover existing improvements or current projects. The County also provides $250,000 of funding for bike paths and sidewalks throughout the county but the Pathway Advisory Committee was not willing to fund only one -third of the expense to provide the sidewalk near the casino. After further review, the committee recommended proceeding with the ISTEA application with the MSTU as advisor. Denise Smith will make the application on behalf of the MSTU as the project sponsor; Ms. Taylor will provide assistance. 4. APPROVAL OF MINUTES OF APRIL 23 MEETING: The draft of the minutes were reviewed and corrected. As there was no quorum, approval has been postponed. 5. MAINTENANCE REPORT A. Mr. Buckley advised removed a couple of dead Dahoon Hollies; Mike McGee recommended replacing them. There is still a problem with dirt and debris building up in the grates. B. Mike McGee reported that there are no major problems. 6. BUDGET UPDATE A. The budget status reports for ,April and a draft of next yarAre distributed and discussed. IC, Collier County Gocemmcnt Center • ',;tl] Tamiami Trail_ East • Naples, on f j 9h2!,7,_ 7. OFFICE OF CAPE, ~_ PROJECTS MANAGEMENT REPC A. Joe Delate advised that the Board of County Commissioners approved Mike McGee's contract during construction on May 6. B. Joe advised that he met with various county departments this morning. The new phase will be broken up into pieces as funds are limited by the $454,000 in the current budget. An additional $568,000 will be available in the new fiscal year. Steve Fabiano will prepare the appropriate executive summary to request release of the reserve funds so the project can proceed. C. Mr. McGee recommended closing the driveway closest to the corner at the Pentecostal Church for the improvements to be made. There are two driveways on S.R. 29 and two on 7th. 8. OLD BUSINESS A. There was some discussion regarding Collier Naplescape. It was noted that they did not meet with this committee although the master plan they developed is scheduled to go before the Board for final approval. The Plan will be adopted into the Land Development Code. 9, TRANSPORTATION ADMINISTRATION REPORT /UPDATE A. Steve anticipates delivery of the four additional trash cans on June 9. B. Regarding the memo from OCPM that was distributed last month, Steve recommended that the committee go with the lowest level In order to activate the account. C. The lights at the sign have been repaired. 10. NEW BUSINESS Mike Garrett informed Denise that he will be resigning his position on the committee since he is moving out of the area. Mr. Garrett will submit his resignation to the Board of County Commissioners but will stay on until the position has been filled. 11. OPEN DISCUSSION There was none. 12. ADJOURNMENT As there was no further business to discuss, the meeting was adjourned at 6:30 p.m. The next meeting will be held on June 18, 1997 at 5:00 p.m. at the Community Center. AGENDA n EM No. i 2 Received Aug -23 -00 01:22pm from 9414366457 Scanner page 2 08'23 00 WED 13:15 FAT 9414588457 CCRS FOOD SERVICE 'Z 002 August 23, 2000 Board of Collier County Commission 3301 East Tamiami Trail Naples, Florida 34112 Dear Sue Filson, I am still interested in being on the Immokalee Beautification MSTU Advisory Committee Board. I am currently employed with the Florida Rural Legal Services. I am living within the taxing district of Immokalee. If any additional information is needed, please so advise. Yours Truly, Rita Avalos AGENDA rrEk-; Liy ND../ D � Pr' � / _ Received .Aug -23 -00 01:22pm from 9414366457 , Scanner page 3 05 :3.00 WED 13:15 FAX P41436645T COPS FOOD SERVICE Z 0u3 August 23, 2000 Board of Collier County Commission 3301 East Tamiami Trail Naples, Florida 34112 Dear Sue Filson, I am still interested in being on the Immokalee Beautification MSTU Advisory Committee Board. I am currently employed with the Collier County School System. I am living within the taxing district of Immokalee. If any additional information is needed, please so advise. Yours Truly, Cherry le Tlfomas R,D. 03.9 �a AGE-- ►{p - M Received Aug -23 -00 01:22pm from 9414366457 - Scanner page 4 0S�:9 00 WED 19:15 FAX 941436W7 CCPS FOUL SERVICE Z OOA August 23, 2000 Board of Collier County Commission 3301 East Tamiami Trail Naples, Florida 34112 Dear Sue Filson, 1 am still interested in being on the lmmokalee Beautification MSTU Advisory Committee Board. I am currently employed with the Collier County School System. I am living within the taxing district of lmmokalee. If any additional information is needed, please so advise. urs Truly, 7,�,en Dorcas Howard AGENDA MEW No. /D Received Aug -23 -00 01:22Pm from 9414366457 - Scanner Page 4 08/:7/00 WED 17:15 FAX 9114986457 CCPS FOOD SERVICE Z004 August 23, 2000 Board of Collier County Commission 3301 East Tamiami Trail Naples, Florida 34112 Dear Sue Filson, I am still interested in being on the lmmokalee Beautification MSTU Advisory Committee Board. I am currently employed with the Collier County School System. I am living within the taxing district of lmmokalee. If any additional Information is needed, please so advise. furs Truly, , Dorcas Howard AGENDA rr1_A� NO. OBJECTIVE: To appoint 2 members to fulfill the remainder of vacant terms expiring on June 25, 2002 and June 25, 2003 on the Hispanic Affairs Advisory Board. CONSIDERATIONS: This 9 member board identifies and evaluates problems unique to the Hispanic Community, reviews and recommends ways to ensure open communication between the minorities and Collier County Government and provides periodic reports to the Board of County Commissioners. Terms are 4 years. A list of the current membership is included in the backup. There are currently 5 vacancies on the Hispanic Affairs Advisory Board due to resignations. A press release was issued and resumes were received from the following 2 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Sofia Pagan I N/A 14 1 Yes I None Robert J. Pina I N/A 1 Yes None COMMITTEE RECOMMENDATION: No Recommendation. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the requests for appointment, appoint 2 members to fulfill the remainder of vacant terms, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: NOVEMBER 14, 2000 'I— AGENDA rrEM NO. Pg. I OBJECTIVE: To appoint 2 members to fulfill the remainder of vacant terms expiring on June 25, 2002 and June 25, 2003 on the Hispanic Affairs Advisory Board. CONSIDERATIONS: This 9 member board identifies and evaluates problems unique to the Hispanic Community, reviews and recommends ways to ensure open communication between the minorities and Collier County Government and provides periodic reports to the Board of County Commissioners. Terms are 4 years. A list of the current membership is included in the backup. There are currently 5 vacancies on the Hispanic Affairs Advisory Board due to resignations. A press release was issued and resumes were received from the following 2 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Sofia Pagan N/A 4 Yes None Robert J. Pina N/A 1 Yes I None COMMITTEE RECOMMENDATION: No Recommendation. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the requests for appointment, appoint 2 members to fulfill the remainder of vacant terms, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: NOVEMBER 14, 2000 AGENDA fTEM NO. pg. MEMORANDUM TO: Sue Filson, Administrative Assistant Board of my Commissioners FROM: Ramiro Manalich, Chief Assistant County Attorney DATE: October 26, 2000 RE: Hispanic Affairs Advisory Board (HAAB) I have spoken with HAAB Chairman David Correa regarding the pending applications of Sofia Pagan and Robert]. Pina. Since the HAAB currently does not have enough members to constitute a quorum, the Chairman respectfully requests that you submit both of these names for consideration by the Board of County Commissioners without any recommendation by the HAAB. Thank you for your assistance in this matter. RM/dja cc: David C. Weigel, County Attorney David Correa, Chairman HAAB AGENDA rrEM Ho. / I Pao I `pi','n Hispanic Affairs Advisory Board Work Phone Appi'd Exp. Date Tenn Hoene Phone DateRe -appt 2ndExpDate 2nd Term 4 Yeats ✓ Christophe O. Bent r�S�Grr� 150 3rd Avenue North +� Naples, FL 34102 District: 4 Category: Leo R. Cardona 557 106th Avenue North Naples, FL 34108 District: 2 Category: Frank G. Loney 131 Tahiti Street Naples, FL 34113 District. 1 Category: David Correa 11257 Longshore Way West Naples, FL 34119 District: 5 Category: Maria Grimaldo , r 203 N. 8th Street Immokalee, FL 34142 District: 5 Category: Pete Cade, Jr. 1903 Leed Avenue Immokalee, FL 34142 District: 5 Category: 261 -2675 513 -9748 08/03/99 06/25/03 06/22/99 06/25/03 4 Years 08/01/95 06/25/99 4 Years 06/22/99 06125/03 4 Years 06/06/95 06/25/98 3 Years 10/20/98 06/25/02 4 Years 657-4469 03/23/99 06/25/02 3 Years 657 -7754 657 -1763 08/05/97 06/25/01 4 Years AGENDA Hispanic Affairs Advisory Board Name Work Phone Home Phone Appt'd DateRe -appt Exp. Date 2ndEVDate Term 2nd Term Dora S. Vidaurri (`S``�` t �� 658 -2082 08/05/97 06/25/01 4 Years 611 Nassau Street Apt. #3 k4'� Immokalee, FL 34142 District. 5 Category: • rid Andrew J. Fox, Jr. to S� �y'�° 261 -0275 08/03/99 06/25/01 2 Years Ix 180 Central Avenue Naples, FL 34102 D' 4 �strtct. 0 Category: L(, (- ?o o � � Faye D. Reddick ( BS 1 r% 03/23/99 4031 Gulf Shore Boulevard North 434 -9475 Naples, FL 34103 District: 4 Category: 06/25/01 2 Years This 9 member committee was created by Ord. No. 91 -37, amended by Ord. No. 91 -78) to identify and evaluate problems unique to the Hispanic community, review and recommend ways to ensure open communication between minorities and Collier County government and provide periodic reports to the Board of County Commissioners. Terns are 4 years. FL STAT. AGENDA pk. MEMORANDUM j �4_ n DATE: October 9, 2000 TO: Vinell Hills, Elections Office FROM: Sue Filson, Administrative Assistaj# Board of County Commissioners RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. HISPANIC AFFAIRS ADVISORY BOARD Sofia Pagan 238 Pebble Beach Blvd., pt. 604 v�a� Naples, FL 34113 33 U Thank you for your help. COMMISSION DISTRICT —A N0 �0�� ._� MEMORANDUM DATE: August 21, 2000 TO: Vinell Hills, Elections Office FROM: Sue Filson, Administrative Assista t Board of County Commissioners RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. HISPANIC AFFAIRS ADVISORY BOARD COMMISSION DISTRICT Robert J. Pina 5501 Rattlesnake Hammock, Apt. 113 Napels, FL '34113 :n -v it Thank you for your help. F- C- O N 0 z ;s m -- AGENDA ITEM Pk" = fp MEMORANDUM DATE: October 9, 2000 TO: Ramiro Manalich, Chief Assistant County ttomey i FROM: Sue Filson, Administrative Assi st Board of County Commissioners RE: Hispanic Affairs Advisory Board As you know, we currently have vacancies on the above - referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Sofia Pagan 238 Pebble Beach Blvd., Apt. 604 Naples, FL 34113 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time -frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774 -8097. Thank you for your attention to this matter. SF Attachments No AG A M� FROt4 : t:So P ti V�'i4G tj MRs_ SLFOF Fi /soN 'Fo02 pia &PS s N C (u C), N Q �r-fa i s AGENDA ITEM NO..,�F E__.. SOM PAGAN 238 Pebble Beach Blvd. APf.604 XAPLSS, F1AlIDA 34113 September 05,2000 MRS.SVE FILSON Administrative Assistant Board County Commissioners 3301 Tamiami Trail E. Naples, Florida 34112 Dear Madam: I have been informed that they are 5 (five) open positions for the Advisory Commitee, and suggested to contact you. My credentials dealing with hispanic people - even I am hispanic too - would enable me to successfully promote the growth of such program. I am a semi retired hispanic woman very related with hispanic people problems, with many years of work experience in different fields such a social, work, immigration, etc I will fit in this position and have the opport unity to serve better to my hispanic community. My feelings are very positive about the Board County Commissioners, and I believe that I could make a significant contribution to it. I would like the opportunity to meet you and talk how I might be abble to promote the enhance the Hispanic Programs. I am looking forward to meeting with you. Sincerely, SOFIA PAGAN AGENDA REM tag. SOFIA PAGAN 238 Pebble Beach Blvd. Apt./ 604 NAPLES, FLORIDA 34113 (941)417 -5107 (HOME) (941)732 -7800 (BUSS) PROFESSIONAL EPERIENCE BUSINESS CENTER. Miami. Naples, FL. Apr 87 - Present Owner/Mauager. Overawe general office functions. Colaborate with Guatemalan Consulate in Miami,Florida in fund raising activities. process and actualize Peruvian Census Institute within different towns, villages, and departments In Peru. Conduct and support social.educational, recreational activities in Lamas through ONG named "F.E.D.E.S ". MIAMI DADE COMMUNITY COLLEGE, Miami, Fl. Aug 85 - Dec 86 Language Laboratory Assistant. Assisted foreigg students in lab practices and gave then general information in order to resolve their problems. BRADFORD HIGH SCHOOL, Bradford, F1 Aug 84 - Oct 84 Teacher.Performed as voluntary teacher. Assisted foreign language teacher with studentd,taught Spanish. TERESA GONZALEZ DE PANNING HIGH SCHOOL. Lima Peru Apr 63 - Jul 84 Social Science Assistant. Conducted Various teaching and administrative duties. Assited acbool Principal when required. Taught Civil Defense, Family Planning, Logic, Philosophy and Psychology Courses. Rn1TCATTnK THE WMSN'S CAMPAIGN SCHOOL at TALE UNIVERSITY, YALE, CT Dec 97 - Jun 98 Training program in political campaign skills. UNIVERSITY OF MIAMI, Miami, P1 Apr 97 - Dee 97 Broadcasting Certificate. Journalism Certificate. Now to Succeed in the Import and Export Business_ Oct 98 - Nov 98 FLORIDA INTERNATIONAL UNIVERSITY, Miami F1 May 86 - Dec 86 Bilingual Vocational Instructor Course. MIAMI BADE COMMUNITY COLLCE, Miami. Fl Apr 85 - Apr 86 English Course. At Sofia Pagan Resume Page 2 UHIVERSIDAD NACIONAL MERICO VI **AREA*. Lima. Peru Apr 70 Apr 74 Public Accountant - Certificate High School Teacher - Philosophy A Social Sciences Apr 63 - Dec 69 HONORS/ ORGANIUTIONS Assembled information in order to precess and actualize census for Peruvian Census Institute in difereut towns, villages, and departments within Peru 1994 to 1998. Partipated in numerous fund - raising activities - Guatemalan Consulate since 1992 to present. Joined several campaigns on economical /financial surveys - Miniaterio de Economia y Finanzas 1991 - 1993 Peruvian Woman Civil Bights Reasearch under agreement of Ministerio de Edu cation del Peru Y word Education Service of New York - Lima. Peru 1982 -1984. Nominated Civil Defense Trainer Specialist - Ministerio de Education Lima, Peru -1981- 1984. LANGUAGES Fluent in English, Spanish and some Hechua (Peruvian Native Dialect ) PERSONAL AFFILIATIONS Red Cross - 1980 - 2000 AABP - 1998 - 2000 National Association of Female Executives - 1990 - 1997 Green Peace - 1996 - 2000 League Against Cancer - 1985 - 2000 Submitted upon request. AGENDA n EM NO ,._ MEMORANDUM DATE: August 21, 2000 TO: Beth Walsh, Assistant to the County ager FROM: Sue Filson, Administrative Assis Board of County Commissioners RE: Hispanic Affairs Advisory Board As you know. we currently have vacancies on the above- referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Robert J. Pina 5501 Rattlesnake Hammock, Apt. 113 Napels, FL =4113 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time - frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774 -8097. Thank you for your attention to this matter. SF Attachment NO. =_ I Robert J. Pina Apartment 113 5501 Rattlesnake Hammock Naples Florida 34113 941 - 82/-33 August 17, 2000 Mrs. Sue Filson, Administrative Assistant, Board of County Commissioners 3301 Tamiami Trail East Naples Florida 34112 RE: Coxnrnnnity-C- lgaraeten- and- Appcnrarn;e Dear Mrs. Filson: A 44:, I am interested in applying for the Hispanic Advisory Committee position. I am a full time resident and registered voter of Collier County, being here for a year, previously a full time resident back in 1990 for five years. My past work position was a Plumber, Plumbing Contractor and Plumbing Inspector for the State of Illinois for 38 years. I resided in Arlington Heights, a Chicago suburb, for a good part of my adult life. I am a Marine Corp. Veteran of World War II, and a member of the local Marine Corps League. My age is seventy - eight, and I am in excellent health. My wife passed away in 1986, and I now live alone. My education is eight years of school. My grandfather on my father's side, being of Mexican heritage, was the Mexican Consulate in Chicago for a number of years. I do not speak Spanish, but I am very interested in helping the Hispanic community in any small way that I can. Thanking you for your kind consideration in this matter. Sincerely, R.J. Pina RJP /law AGENDA NO Pg .... OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on December 14, 2003 on the Development Services Advisory Committee. CONSIDERATIONS: This committee is composed of 15 members and represent the various aspects of the development industry such as architect, general contractor, residential or builder contractor, environmentalist, land planner, land developer, landscape architect, professional engineer, utility contractor, plumbing contractor, electrical contractor, structural engineer, and attorney. The purpose of this committee is to provide reports and recommendations to the Board of County Commissioners to assist in the enhancement of operational efficiency and budgetary accountability within the Community Development Services Division and to serve as a primary communication link between the Community Development Services Division, the development industry and the citizens of Collier County. Members are required to file a Form 1 Statement of Financial Interest each year with the Supervisor of Elections. A list of the current membership is included in the backup. Mr. William P. Dillon resigned on June 7, 2000. A press release was issued and resumes were received from the following 2 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Peter H. VanArsdale Construction 4 Yes Select Committee Christopher J. Thomton Attorney 3 Yes I None COMMITTEE RECOMMENDATION: FISCAL IMPACT: NONE Peter Van Arsdale GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 1 member to fulfill the remainder of a vacant term, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: NOVEMBER 14, 2000 AGENDA ITEM ND. X- oe — i ` nrir� P Memorandum To: Sue Filson, Administrative Assistant Board of County Commissioners From: John M. Dunnuck, III, Interim Administrator Community Development and Environmental Services Date: November 1, 2000 Subject: Recommendation Please be advised that at the October 4, 2000 meeting of the Development Services Advisory Committee, the members of the Committee voted unanimously to recommend Peter VanArsdale to fill the seat vacated by William Dillon. Feel free to call me at 403 -2385 if you have any questions. AGENDA ITEM ND. �e F pg. a Community Development and Environmental Services Division Development Services Advisory Committee Name Work Phone Appt'd Erp. Date Term 816 Elkcam Cir. #101, P.O. Box 639 Some Phone DateRe -appt 2ndExpDate 2nd Term Mr. Dino J. Longo 514-4404 12/19/95 12/14/99 4 Years 4711 Via Carmen 643 -7557 12114/99 12/14/03 4 Years Naples, FL 34105 District 5 Category: General Contractor Mr. Herbert Rosser Savage 394 -1580 12/14/93 12/14/97 4 Years 816 Elkcam Cir. #101, P.O. Box 639 394 -2918 12/16/97 12/14/01 4 Years Marco Island, FL 34146 District. 1 Category: Architect Mr. Dalas D. Disney 261 -3399 10/18/94 12/14/96 2 Years 125 Airport Road, N. Suite 200 455 -2300 12/17/96 12/14/00 4 Years Naples, FL 34104 District. 3 Category: Architect Mr. Blair A. Foley 643 -2324 12/14/99 12/14/03 4 Years 120 Edgemere Way South Naples, FL 34105 District: 2 Category. Engineer Mr. C. Perry Peeples 597 -7088 12/17/96 12/14/00 4 Years 248 Viking Way 591 -3993 Naples, FL 34110 - District: 2 Category: Attorney o Mr. William P. Dillon �S� ��,n 12/14/99 12/14/03 4 Years 2190 Arbour Walk Circle #2217 596 -8727 Naples, FL 34109 District: 2 Category: Attorney AGENDA ITEM NO_-C.A-- Pg. Development Services Advisory Committee Naples, FL 34102 District: 4 Category: Attorney Robert L. Duane Work Phone Appt'd Exp. Date Term Name home Phone DateRe -appt 2ndExpDate 2nd Term R. Bruce Anderson 597 -2814 12/14/93 12/14/97 4 Years 1670 Crayton Road 643 -2841 12/16/97 12/14/01 4 Years Naples, FL 34102 District: 4 Category: Attorney Robert L. Duane 262 -4617 10/18/94 12/14/96 2 Years 4880 6th Avenue, S.W. 353 -4167 12/17/96 12/14/00 4 Years Naples, FL 34119 District: 3 Category: Land Planner Sally Lam 01/23/99 12/14/00 2 Years 5 Grey Wing Pointe 774 -5464 1 Naples, FL 34113 District: 1 Category. Env /Citizen Activist Thomas R Peek 649 -4040 12/14/93 12/14/96 3 Years 90 East Avenue 12/17/96 12/14/00 4 Years Naples, FL 34108 District: 2 Category: Professional Engineer Thomas Masters 353 -1551 02/23/99 12/14/99 1 Year 4401 Pond Apple Drive 592 -5853 12/14/99 12/14/03 4 Years Naples, FL 34119 District. 5 Category: Professional Engineer Marco A. Espinar 263 -2747 12/14/99 12/14/03 4 Years 3880 Estey Avenue Naples, FL 34104 District. 3 Category. Environmental Planner AGENDA ITEM Pg. '`� Development Services Advisory Committee Name Rork Phone Appt'd Exp. Date Term Home Phone DateRe -appt 2ndExpDate 2nd Term Charles Morgan Abbott 649 -4286 12/14/93 12/14/97 4 Years 1306 28th Avenue North 649 -4286 12/16/97 12/14/01 4 years Naples, FL 34103 District. 4 Category: General Contractor David Correa 12/16/97 12/14/01 4 Years 11257 Longshore Way West 514 -0006 Naples, FL 34119 District. 5 Category: Court Administration Brian E. Jones 793 -1133 12/14/99 12/14/03 4 Years 2121 Heritage Tr. Naples, FL 34112 District: 1 Category: General Contractor This 15 member committee was created on 10/12/93 by Ord. No. 93-76, amended on 11/07/95 by Ord. No. 95-60 to add additional categories of industry membership representation. This committee represents the various aspects of the development industry such as architect, general contractor, residential or builder contractor, environmentalist, land planner, land developer, landscape architect, professional engineer, utility contractor, plumbing contractor, electrical contractor, structural engineer, and attorney. The purpose of this committee is to provide reports and recommendations to the BCC to assist in the enhancement of operational efficiency and budgetary accountability within the Community Development Services Division and to serve as a primary communication link between the Community Development Services Division, the development industry and the citizens of Collier County. Members are required to file a Form 1 Statement of Financial Interest each year. Terms are 4 years. FL STAT.• Staff.* Vince Cautero, Comm. Dev. 8 E. S. Administrator: 403 -2385 AGENDA ITEM NO. iA < g . J -- MEMORANDUM DATE: August 21, 2000 TO: Vinell Hills, Elections Office FROM: Sue Filson, Administrative Assis Board of County Commissioners RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. DEVELOPMENT SERVICES ADV COMM Peter H. Van Arsdale 123 11 °i Avenue South Naples, FL 34102 Christopher J. Thornton 10280 Boca Circle I�p/� Naples, FL 34109(uj� Thank you for your help. COMMISSION DISTRICT Ij' .0 ''i7i -, -3 SZ -01 WV y 3 AGENDA ITEM N0. Zg ,F pg. (o MEMORANDUM DATE: August 21, 2000 TO: Vince Cautero, Administrator Community Development and Enviro ntal Services FROM: Sue Filson, Administrative Assistant Board of County Commissioners RE: Development Services Advisory Committee As you know, we currently have vacancies on the above - referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. 1 have attached the resumes received for your review as follows: Peter H. Van Arsdale 12' ) I I" Avenue South Naples, FL 34102 Christopher J. Thornton 10280 Boca Circle Naples, FL 34109 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time -frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774 -8097. Thank you for your attention to this matter. SF Attachments AGENDA ITEM NO. /v 6 pg. 7 08/15/2000 02:43 9416497188 CABRA_ DESIGN CCNSTR PAGE 01 Fax Cabral Van Arsdale Construction Date: 08/16/00 8 :41 PM To: Mrs. Sue Filson From: Peter Van Arsdale Pages including this sheet S Message: RE %M1VEV AUG 1 ' 2000 &Idra o' uounti ,;ommis.=oner< 94-7 4a Ave. 5o. Naples, FL 341o2 ?hone (141) (A1 -4112 FAX (141) (A1 --7iss Please accept my application for a position on either of the following two advisory committees of Collier County. first Choice: Development Services Advisory Committee second Choice Select Committee for Community Character and Appearance My resume follows and I can be reached if there are any questions. Thank you for your attention to this matter. AGENDA ITEM NO. pg. _ 8 08/15/2000 02:43 9416497188 CABRAL DESIGN CONSTR PAGE 02 Cdu■I Von Ared5le Concuctionl 125 11th Avenue South 547 4111 AY•Iwr• South 'IaOW FI. 311112 N■p4n, FL 341M York 041404A 1 2 PIN 541 -253 -8245 •-rt■il ptrv■@nmdlaon•.n•t Peter H. Van Arsdale MieIM& a To serve on a Collier County advisory committee where I feel my most recent experience in government service will aid In making our community as good as it can be. Sunwini•y of quofficatkon and 1999 - Present Cabral Van Arsdale Construction Naples, FL work oxpeerkwice We President Partner with Tim Cabral in a small general contracting firm Responsibilities Include all aspects of constnrction from operations to administration. 1987 -1999 Van Arsdale Travel Naples, FL Preddsrrt ■ Started and operated 4 location travel agency with 15 employees and annual sales of $7 million. Company sold in October 1999. 1992 - 2000 City of Naples Naples, FL City Cornrea N tuber • Member of 7 pelaon Council deeply invoked in City issues dealing with one of the highest growth areas in the nation. Particular, irttarest and involvement with urban redevelopment 1965-1987 Provincetown- Boston Airline Provincetown, MA AesiBUM Wwr11aD - PreskinK (and lsve "Wng In between) ■ Involved in al facets of aviation from FSO management to amine management. Ultimately owned 35% and President of the company Mat in 1984 was the nation's largest regional airline, with revenues of $75 million and 1,500 employees. ATP certificate with a total flying time of approximately 8,000 hours. Considerable time in Stinson SMBA, Cessna T -50, Lockheed 10AIE, Piper Apache, Aztec, Cherokee Sxk Cessna 402, Embraer 110, Douglas DC-3, Martin 404. as Mecbarud En . ■ Tufts University, Medford, MA Graduated 1972 •1- AGENDA ITEM N0. /o G . - '1-. ,. 08/15/2000 02:43 9416497188 9'.o1f11�Mf1ibl acflvifiaa bkereatts and CABRAL DESIGN CONSTR Chairman, Naples Collier County Metropoll'An Planning Organization Member, Staff Action Committee, City of Naples Member Airport Noise Committee PAGE 03 Construction, carpentry, woodworking, New Urbanism and traditional neighborhood planning. Sailing, running, motor racing and cars, personal computers. -2- AGENDA REM No. /D F Pg, i a TREISER, KOBZA & LIEBERFARBt cum. Thomas A. Collins, 11. William J. Dempsey Fitzgerald A. Poster . o Benjamin C. Iseman Catherine E. Kidon Kim Patrick Kobza o Stanley J. Lieberfarb C. Richard Mancini Christopher J. Thornton Richard M, Treiser Christopher T. Vernon VIA FACSIMILE & U.S. MAIL FAX NO: 774 -3602 ATTORNEYS AT LAW The Northern Trust Building 4001 Tamiami Trail North Suite 330 Naples, Florida 34103 Telephone (941) 649 -4900 Fax (941) 649 -0823 Internet Address: www.tkvnaples.com August 9, 2000 Collier County Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 Attention: Ms. Sue Filson Re: Position on the Development Services Advisory Committee Dear Commissioners: Richard Sha, a:k of of Counsel 0 Also admitted in Michigan . Also admitted in New York e Also admitted in Kentucky � Alan admitted in New Jersey 1 Board Certified Tax Attorney I have been monitoring the advisory committee vacancies for the past several months, and I was very excited to see your most recent press release announcing an opening on the Development Services Advisory Committee. I have enclosed a copy of my resume for your review, and I request your favorable consideration of my application for this position. I am confident that my educational background in engineering and law and my professional experience as a land use and local government attorney would make me a valuable asset on this particular committee. My technical knowledge and training in civil and environmental engineering allows me to understand and communicate effectively with engineers, architects, and others in the development industry. And my experience in land use has already allowed me to gain familiarity with the Land Development Code and Growth Management Plan and to work closely with many staff members at the development services building. Community involvement is a priority for me and is my primary motivating factor for submitting this application. Currently I serve as treasurer and member of the board of directors for the Boca Palms homeowners association. I also serve on the legislative affairs committee for the American Specialty Contractors of Florida, where I provide advice and upda state issues affecting contractors. ' pg. // Collier County Board of County Commissioners August 9, 2000 Page Two Please feel free to contact me directly if you have any questions. Thank you for your time and attention. Very truly yours, TREISER, KOBBZA & LIEBERFARB, CHID. Christopher J. Thornton For The Firm e -mail: cjthomton @tkvnaples.com CJT /llh Enclosure P MORDYChm ThwnMU a To Collis C ty B O Co MiDcm AGENDArrEM NO. 2 -h'-_ pg. i_°z Christopher J. Thornton 10280 Boca Circle Naples, Florida 34109 Education TULANE LAW SCHOOL New Orleans, Louisiana Juris Doctor (J.D.), cum laude, 1997. Common Law Curriculum with Certificate in Environmental Law. Editor, Tulane Environmental Law Journal. Outings Director, Tulane Environmental Law Society. High grade in both Constitutional Criminal Procedure and Hazardous Waste Regulation. GPA: 3.29/4.0 (top 26 %). DUKE UNIVERSITY Durham, North Carolina Bachelor of Science in Engineering (B.S.E.), 1994. Major: Civil and Environmental Engineering. Member, American Society of Civil Engineers and Duke Club Volleyball. Honors: 1993 Dean's List. GPA: 3.04/4.0. Experience TREISER, KOBZA & LIEBERFARB, CHID. Naples, Florida July 1999 - Associate Attorney. Practice areas include land use and zoning, local government law, present environmental law, real estate, and condominium law. Appear before local government bodies on zoning and land use matters. Prepare and review residential and commercial purchase and lease agreements. Litigation matters have included eminent domain and adverse possession. 1997 -1999 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION Tallahassee, Florida Assistant General Counsel. Served as primary enforcement litigation attorney for the air program and the petroleum storage tank program. Handled litigation matters in circuit courts statewide. Drafted and filed complaints and petitions for enforcement. Filed and argued motions for dismissal, motions for summary judgment, and discovery motions. Negotiated and drafted consent orders. 1996 -1997 TULANE ENVIRONMENTAL LAW CLINIC New Orleans, Louisiana Student Attorney. Selected as one of twenty-six participants in the environmental clinic program. Admitted to the limited practice of law by the Louisiana Supreme Court. While in law school, conducted all phases of litigation and performed legal research while supervised by Clinic Fellow. Drafted pleadings, motions and briefs. Matters included challenge to deep well injection permit and related public records request. Summer 1996 HOGAN, SMTTH & ALSPAUGH Birmingham, Alabama Summer Associate. Assisted partners of plaintiff practice in trial preparation. Research issues included amount in controversy for federal diversity jurisdiction in class action suit, discovery of corporate computer database, and relation back of amended complaint. Summer 1995 WOOTEN, THORNTON, CARPENTER, et al. Talladega, Alabama Summer Associate. Assisted partners of general practice/insurance defense firm in trial preparation. Drafted discovery. Conducted witness interviews. Researched and drafted brief for appeal of zoning matter to Alabama Civil Court of Appeals. Summer 1994 WILSON, SONSINI, GOODRICH & ROSATI Palo Alto, California Corporate Legal Assistant. Researched and drafted memorandum of law on outside director liability. Assisted in document production in petroleum storage tank litigation matter. Professional Admitted to Florida Bar, 1997. Member, Collier County Bar Association and Collier County Bar Certifications Real Estate Section, Florida Bar Environmental and Land Use Law Section, and Florida Bar City, County, and Local Government Law Section. Interests Basketball, Southwest Florida history, camping, canoeing, yardwork. Home phone: (941) 598 -2176 Work phone: (941) 649 -4900 E -mail: cjthomton @tkvnaples.com AGENDA[TEM N0. /a /- ps, / 2 EXECUTIVE SUMMARY BOARD CONSZOERATION FOR ADOPTION OF THE COUNTY ATTORNEY FY2000 ACTION PLAN AND EMPLOYMENT AGREEMENT EVALUATION FOR 1998/99 AND 1999/2000. OBJECTIVE: For the Board to consider for adoption a County Attorney Action Plan for FY2000 and provide for County Attorney performance evaluation pursuant to the County Attorney Employment Agreement for the past two years. CONSIDERATIONS: 1. In Spring of 2000, the Board considered an evaluation of the County Attorney performance for the previous year, noting that no formal evaluation of the present County Attorney had been performed since 1995, other than discussions pertaining to performance at his 1998 renewal of employment agreement. The Board determined in its evaluation process that both the Board and County Attorney would be better served if a vision of goals, standards and expectations were clearly established for the County Attorney to pursue and the Board to review and evaluate. To that end, the Board offered then Vice - Chairman Carter to work with the County Attorney to develop an Action Plan that would place more emphasis on the County Attorney in a proactive management role with the identification of clear expectations that are measurable and realistically attainable. The Board expanded County Attorney Office staff to better provide for the increased legal workload County governance requires now and the requirements of a more proactive management implementation. The proposed County Attorney Action Plan provides several new features, including enhanced interaction with staff, constitutional officers and the public. Information and education programs for the general public, staff, advisory committees, land use, business and other consumer interests shall be developed and measured in one year. 2. The Board shall also determine the annual salary review for years 1998/99 and 1999/2000 applicable to the anniversary date of the County Attorney Employment Agreement. Previous written evaluations for 1998 -1999 plus using a 1994 standard were prepared by the Board in February, March 2000; however, the most recent (1999/2000) evaluation period continues to October 2000. Section 3B. Salary of the County Attorney Employment Agreement provides: B. COUNTY agrees to increase said base salary and/or benefits of EMPLOYEE in such amounts and to such extent as the COUNTY may determine that it is desirable to do so on the basis of an annual salary review of said EMPLOYEE made prior to the anniversary date of AGENDA ITEM NO. 'Qa4 -- NOV 14 2000 pg. I ival ;ender this provision shall be no more than four �..cnl l• i5CAL f: Any cF .:al base salary bass in two (2) years' evaluation will have a pad. GROW r: ,.tANAGE ;ACT: Not applicable. RECOMMENDATIC Board of County Commissi consider and adopt the County Attorney FY2000 F :an and determine the issue of ,nual salary increase as required under the County ey Employment Agreement. James . Carter, Ph.D., Chairman Collier County Board of Commissioners H:David/Exec. Sum w Action Plan Fg. NOV GENDA�_QA U. 2 14 2000 a — The County Attorney is charged with the responsibility of planning, directing and reviewing the activities and operations of the Office of the County Attorney. He is to act as legal advisor and counsel for the Board of County Commissioners, advisory boards and committees, County Manager and his agencies. The County Attorney through the assistant county attorneys and supporting staff represent the County in wide- ranging complex litigation relating to implementation of government policies and capital projects, eminent domain, personal injury, property damage, workplace / personnel matters, finance and land use. The County Attorney is responsible for policy documents (resolutions), legislation (ordinances and special acts), and the drafting or legal review and revision of all contracts, real property conveyance documents and other Board signatory documents. The following Action Plan has been developed in an effort to provide clear expectations for the County Attorney for the period from October 2000 through September 2001. The Action Plan is based on the broad areas generally expected to be performed by the Managing Partner of a law firm, including: legal advice; leadership / organizational direction; communications, public response and outreach; fiscal management; and personnel management. At the conclusion of the fiscal year, the Board of County Commissioners will be asked to perform an annual evaluation of the County Attorney's performance by rating each of the following performance objectives on a 1 to 5 scale. Individual evaluations will be totaled and averaged to determine the Board's collective position. LNON L(6 V 14 2000 3 Far LEGAL ADVICE Far Below Below Meets Exceeds Exceeds Standards Standards Standards Standards Standards 1 2 3 4 5 L.1 The County Attorney will provide proactive advice, and assure timely responses to both written and oral questions from the Board of County Commissioners, County Manager, his agencies and employees. L.2 The County Attorney will assure that the County is provided the best possible representation in all litigation matters. LNON L(6 V 14 2000 3 L.3 The County Attorney will assure that accurate, prompt legislative updates and suggestions are provided to the Board members, County Manager and county staff. LA The County Attorney shall Far advise the Board or its members Far Below Below Meets Exceeds Exceeds to make Attorney General Standards Standards Standards Standards Standards Opinion requests, or Commission 1 2 3 4 5 on Ethics opinion requests, and inform the Board of pertinent opinions and case law. The County Attorney shall be evaluated for opinions provided relating to Chapter 112, Part III, Florida Statutes and the Collier County Ethics Ordinance. LEADERSHIP / ORGANIZATIONAL Far Far Below Below Meets Exceeds Exceeds DIRECTION Standards Standards Standards Standards Standards 1 2 3 4 5 LA The County Attorney will assure that there are clear goals that are communicated throughout the County Attorney Office. L.2 The County Attorney will assure that proactive legal advice is provided to the Board of County Commissioners, County Manager and county staff. L.3 The County Attorney will provide creative, alternative solutions to legal issues encountered by the Board of County Commissioners, County Manager and county staff. AGENDA ITEM NA. ''-- -- fQL- -- NC'J 14 2000 pg. 4 rA�GENDA ITE NO`! 14 2000 pg. S Far COMMUNICATION, PUBLIC Far Below Below Meets Exceeds Exceeds RESPONSE & OUTREACH Standards Sig ntlargs Standards Standards Standards 1 2 3 4 5 CA (Internal) The County Attorney will be expected to improve communications to the Board and the County Manager agency and show specific actions taken to achieve this standard. C.2 (Internal) The County Attorney will be expected to educate and update county staff to reduce creation of legal issues and lawsuits in the workplace and from work as performed. C.3 (Internal) The County Attorney will be expected to regularly communicate with the County Manager, his Division Administrators and Department Directors, and the Constitutional Officers to better ensure that operations between these agencies and the Board of County Commissioners are coordinated. CA (External) The County Attorney will be expected to provide information to the public through public speaking engagements, seminars, print and electronic media. C.5 (External) The County Attorney will be expected to administer the office to assure that the general public is responded to in a timely and accurate manner. rA�GENDA ITE NO`! 14 2000 pg. S AGENDA ITEM No. -o_LG1 NOV 14 2000 Pg. (o Far FISCAL MANAGEMENT Far Below Below Meets Exceeds Exceeds Standards Standards Standards Standards Standards 1 2 3 4 5 F.1 The County Attorney will develop an annual budget for the Office of the County Attorney that will be presented to the Board of County Commissioners for review and approval through the budget process developed by the County Manager. F.2 The County Attorney will assure that the budget for the Office of the County Attorney is effectively administered and the Board is timely informed on any extraordinary matters arising throughout the year. F.3 The County Attorney will assure that bond issues and other financing matters of a legal nature are coordinated through the County Manager, Clerk, Financial Advisor, Bond Counsel, and Disclosure Counsel. AGENDA ITEM No. -o_LG1 NOV 14 2000 Pg. (o Far PERSONNEL MANAGEMENT Far Below Below Meets Exceeds Exceeds Standards Standards Standards Standards Standards 1 2 3 4 5 PA The County Attorney will assure that employees are provided performance expectations and performance evaluations that are designed to enhance performance. P.2 The County Attorney will assure that qualified applicants are recruited and selected to provide the Board with superior legal advice and representation. AGENDA ITEM No. -o_LG1 NOV 14 2000 Pg. (o P.3 The County Attorney will assure that training is provided to all staff to assure that the Board is being provided with the best legal advice and representation possible. PA The County Attorney will provide to the Board an annual pay plan for the Office of the County Attorney as part of the budget process that will provide for an organized means for salary administration. AGENDAITW No. NOV 14 2000 pg. �---- EXECUTIVE SUMMARY PETITION PUD- 00 -13, WILLIAM HOOVER OF HOOVER PLANNING AND DEVELOPMENT, INC., REPRESENTING MR. WARREN RAYMOND, CENTREFUND DEVELOPMENT CORPORATION, REQUESTING A REZONE FROM "E" ESTATES TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS WILSON BOULEVARD CENTER PUD ALLOWING FOR 42,000 SQUARE FEET OF COMMERCIAL RETAIL AND OFFICE LAND USES FOR PROPERTY LOCATED ON THE SOUTHEAST QUADRANT OF THE INTERSECTION OF GOLDEN GATE BOULEVARD AND WILSON BOULEVARD, IN SECTION 10, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 7.15- ACRES MORE OR LESS. OBJECTIVE: To have the Board of County Commissioners render a decision regarding an application to rezone 7.15 acres from "E" Estates to "PUD" permitting a commercial retail facility. CONSIDERATIONS: The Wilson Boulevard Center PUD provides for 42,000 square feet of commercial retail and office land uses on a singular commercial tract. It should be noted that the proposed PUD commercial uses are consistent with the Neighborhood Center Sub - district of the Golden Gate Master Plan. The PUD Document Master Plan indicates that 1.0 acres (15 percent) will be a preserve area while approximately 2.7 -acres will comprise the open space area and 1.1 acres will be the landscape area. This petition follows a Comprehensive Plan Amendment that was adopted by the Board of County Commissioners on May 9, 2,000 that created the Neighborhood Activity Center at this location. As a result, all of the subject property is designated Estates Mixed Use District, Neighborhood Center Subdistrict, as identified on the Future Land Use Map in the Golden Gate Estates Area Master Plan. The subject PUD proposes to allow all the commercial land uses consistent with the Neighborhood Center Subdistrict of the Golden Gate Master Plan. This district is intended to allow for development that provides basic goods and services to Estate residents. The Neighborhood Center Subdistrict includes low intensity transitional commercial uses that are compatible with both residential and convenience commercial by allowing small scale shopping and personal needs. It also allows intermediate commercial (up to C -3) to provide for a wider variety of goods and services in areas that have a higher degree of automobile traffic. The subject property has access points on both Golden Gate Boulevard and Wilson Boulevard and is opposite an existing commercial retail facility. 1 NOV 14 2000 ve The Neighborhood Center Sub - district includes the following criteria 1. The access points are limited to one per 180 feet commencing from the right -of -way of the major intersecting streets. 2. Driveways on the opposite side of the street shall be in direct alignment. 3. A 75 -foot buffer of native vegetation in which no parking or water management uses are permitted. 4. A 25 -foot wide Type "C" buffer. The proposed uses within the subject PUD are consistent with this sub - district and with the above referenced criteria where applicable. It should be noted that the 4 -lane improvement of Golden Gate Boulevard provides no median opening to allow for the alignment of driveways. The site - generated trips are estimated to be approximately 2,302 average weekday trip ends after trip adjustments. The PM Peak Hour Trips are estimated to be 354 Weekday trips. These trips exceed 5% of the LOS "C" design volume on Golden Gate Boulevard east of Wilson Boulevard. However, the site - generated trips will not create a concurrency problem on Golden Gate Boulevard because the project trips don't lower the capacity below any roads adopted LOS "D" standard. The Transportation Element lists Golden Gate Boulevard as a 2 -lane road east of Collier Boulevard (CR -951). The current traffic count for this segment is 14,592 AADT that results in a roadway operation of LOS "E" while the minimum standard is LOS "D ". Since, this road is currently being constructed to a 4 -lane facility by 2000/01; the level of service will improve to acceptable levels at that time. As a result, the proposed PUD rezone will not create or excessively increase traffic congestion on the arterial road system at built -out and complies with Policies 1.3, 1.4, 5.1 and 5.2, of the Transportation Element. It should be noted that four- persons spoke during the CCPC meeting requesting clarification of the landscaping buffer along Golden Gate Boulevard and Wilson Boulevard. Their concern was that the requirement for a 25 foot wide Type "C" Buffer that is to be opaque within one year, six feet in height, and which may include a wall, fence, hedge, berm or combination thereof would create safety hazards. Another problem is that a Deputy Sheriff patrolling along the boulevard would have their view blocked by a six -foot opaque buffer. Since the Neighborhood Center Subdistrict of the Golden Gate Area Master Plan requires this buffer, staff could not recommend the typical Type "D" buffer. However, the Planning Commission agreed with staffs recommendation to allow another buffer consistent with the Golden Gate Area Master Plan when this buffer requirement is amended. FISCAL IMPACT: This PUD by and of itself will have no fiscal impact on the County. However, if this request meets its objective, a portion of the existing land will be further developed. The mere fact that new development has been approved will result in future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. No. 1a?i9L)L 2 ! NOV 14 2000 Pa.�_ In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. The following impact fees will be applicable to this project: • Park Impact Fee: $578.00 • Libraries Impact Fee: $180.52 • Fire Impact Fee: $0.15 per square foot under roof • Road Impact Fee: $1,755.00 per 1,000 square feet • Correctional Facility: $1.0920 per square foot • Radon Impact Fee: $0.005 per square foot under roof • B.C.A.I. Impact Fee: $0.005 per square foot under roof • EMS Impact Fee: $132.00 per 1,000 square feet The total amount of impact fees for the commercial is $132,596.52. It should be noted that because impact fees vary by housing type and type of commercial development, and because this approval does not provide this level of specificity as to the actual size and type of use, the total impact fees quoted above is at best raw estimates. Additionally, there is no guarantee that the project at build -out will have maximized their authorized level of development. Other fees will include building permit review fees and utility fees associated with connecting to the County's sewer and water system when required. Building permit fees and utility fees have traditionally offset the cost of administering the community development review process, whereas utility fees are used on their proportionate share of impact to the County system. Finally additional revenue is generated by application of ad valorum tax rates. The revenue that will be generated depends on the value of the improvements. At this point in time staff has not developed a method to arrive at a reasonable estimate of tax revenue based on ad valonan tax rates. Nevertheless, it should be appreciated that not withstanding the fiscal impact relationship, development takes place in an environment of concurrency management. When level of service requirements fall below adopted standards, a mechanism is in place to bring about a cessation of building activities. Certain LOS standards apply countywide and would therefore bring about a countywide concurrency determination versus roads that may have local geographic concurrency implications. GROWTH MANAGEMENT IMPACT: The subject property is designated Estates Mixed Use District, Neighborhood Center Sub - district on the Future Land Use Element (FLUE) of the Golden Gate Area Master Plan. This designation is to provide for basic goods and services to Estate residents. Since the PUD limits the proposed commercial uses to those intermediate commercial uses that provide a variety of goods and services that are similar to the C -1, C -2, and C -3 zoning districts as required by the Neighborhood Center Sub - district. Therefore, this proposed PUD is consistent with the Golden Gate Area Master Plan. It should be noted that this rezone petition does nothing to impact any consistency relationship with the GMP. Petitions deemed to be consistent with all provisions of the Growth Management Plan (GMP) can not have an adverse impact on the GMP. This petition was reviewed for consistency and was found to be consistent with all the applicable provisions of the GMP. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.1 and 3.15 of the Collier County Land Development Code. AGENDA iTE 3 NOV 14 2000 PQ. ENVIRONMENTAL ISSUES: The project site is vacant and has been severely drained. The site has also been impacted by some partial clearing and offers very little wildlife diversity. As a result, no Environmental Impact Statement (EIS) is required. The Environmental staff has reviewed this petition and their conditions of approval have been incorporated into the PUD document. PLANNING SERVICES STAFF RECOMMENDATION: Planning Services Staff has referred this petition to all appropriate County Agencies for their review and recommendation. Based upon their analysis, staff recommends approval of Petition PUD -00 -13 subject to the conditions of approval as described the PUD document and attached to the Ordinance of Adoption and Exhibits made a part of this executive summary. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The Planning Services Department Current Planning Environmental and Engineering staffs have reviewed the petitioner's application and has made the following determination. Since the site has been previously cleared and due to the small size of the site, this petition was not required to go to the Environmental Advisory Council meeting. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) heard this petition on October 5, 2000. They unanimously voted (6 to 0) to forward this petition to the Board of County Commissioners (BCC) with a recommendation of approval subject to staff stipulations contained in the PUD document. In addition, the Planning Commissioners deemed this petition to be consistent with the adjacent developments and with the Neighborhood Center Subdistrict of the Golden Gate Area Master Plan. Since staff has received correspondence objecting to this project, this petition could not be placed on the Summary Agenda. No. A" / NOV 1 A 2000 PQ.__J�— PREPARED BY: /0./6-00 RAY BgLLOWS, PRINCIPAL PLANNER DATE CURRENT PLANNING SECTION BY: lb•t8 •od O, AICP, MANAGER DATE PLANNING SECTION ��yk- I9. a3 •o' ROB RT J. MULHERE, AICP, DIRECTOR DATE PLANNING SERVICES DEPARTMENT APPROVED BY: ►+ IZI� JOHN I. DUNNUCK, III, INTERIM ADMINISTRATOR DATE CO TY DEV. AND ENVIRONMENTAL SVCS. PUD- 00 -13 /EX SUMMARY/RVB /rb s NOV 14 2000 Pg. Q _� 01?0- TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DATE: SEPTEMBER 19, 2000 RE: PETITION NO: PUD- 00 -13, WILSON BOULEVARD CENTER PUD OWNER/AGENT: Agent: Mr. William L. Hoover Hoover Planning & Development, Inc. 3785 Airport Road Naples, FL 34105 Contract Purchaser: Centrefund Development Corporation 2401 PGA Boulevard, Suite 280 Palm Beach Gardens, Florida 33410 This petition seeks to have the herein - described land rezoned from its current classification of "E" Estates to "PUD" Planned Unit Development to be known as the Wilson Boulevard Center PUD. GEOGRAPHIC LOCATION: The property is located on the southeast corner of Wilson Boulevard and Golden Gate Boulevard in Section 10, Township 49 South, Range 27 East (See location map on following page). PURPOSEIDESCRIPTION OF PROTECT: The proposed project encompasses a land area of approximately 7.15 acres and consisting of a single commercial tract. The proposed PUD commercial uses are consistent with the Neighborhood Center Sub - district of the Golden Gate Master Plan. The PUD Document also provides for a total of 42,000 square feet of commercial retail and office land uses. In addition, the Master Plan indicates that 1.0 acres (15 percent) will be a preserve area. In addition, approximately 2.7 -acres will comprise the open space area while 1.1 acres will be the landscape area. This petition follows a Comprehensive Plan Amendment that was adopted by the Board of County Commissioners on May 9, 2,000 that created the Neighborhood Activity Center. tdo._a(3) // NOV 14 2000 Pa• �o w4./ `/ W E O x 2 y w N aL c i N N W A A N � Q 3 W ~ C a u � a w > N W N~ W u � \ yN o N 3 g N N F W Z ffi g6 �3 �h cw� wm.w dw� sws� H Is poi �pyi 01< .'d c ��Ryy� i -Rcv:dd 1 u {J W E O x 2 y w N aL c i N N W A A N � Q 3 W ~ C a u � a w > N W N~ W u � \ miss K o N N N F W Z <CIC g6 cw� wm.w dw� sws� `kfiH Is H n °nom q5 q .Z. } miss K o N N N F W Z <CIC g6 Gi xF `kfiH H q5 q .Z. } N W r a � Z IN R QC w rwIN332as A. i/Y3C1' jo"Irw C e e 4 e W d Zovco 3 1 [Joe ■ � Xa IOI.SAS xjQ I A [I A]YM! 7Ul A1M3aOtld A'QI]lS3�1 1 NQ ./QI QA"N M Z R N °o AGEN W ~ F 2 I c NOV1 W> i CQ i i Y J N w J' N r W � Z F 0 0° N N F W Z a c W > c NOV1 W> i CQ i i Y J N w J' N r W � 11Pi Y101 / 7 ri• / CL a f W F- N a Z O Q V J EM 000 k a L C IL pRp R [R[ R iig R 6 R 6s � - p R G 6x R= A 465; A + R� 49�1p 4-- e S a�R " , R 6pa F R oil ask F ak 1 - k R R R A A A "911 r� a Bg JNOVrl ri• / CL a f W F- N a Z O Q V J EM 000 k a L C IL The subject property has frontage on both Golden Gate Boulevard and Wilson Boulevard and is opposite an existing commercial retail facility. SURROUNDING LAND USE AND ZONING: Existing: The subject property is currently undeveloped and is infested with exotic vegetation. The site is also zoned "E" Estates. Surrounding: North - To the north, across Golden Gate Boulevard is a developed commercial retail facility that is zoned C -2. East - Undeveloped and wooded lands zoned Estates. South - The abutting property to the east contains a single - family dwelling and is zoned Estates. West- Wilson Boulevard and undeveloped lands zoned Estates. GROWTH MANAGEMENT PLAN CONSISTENCY: All of the subject property is designated Estates Mixed Use District, Neighborhood Center Subdistrict, as identified on the Future Land Use Map in the Golden Gate Estates Area Master Plan, as amended on May 9, 2000. In addition, DCA has made a determination of "in compliance" with Florida Statutes on July 20th, therefore, the 21 -day "appeal" period in which DCA's determination may be challenged by an affected party ended on August 10, 2000. A review of consistency relationships with elements of the GMP is as follows: `A NOV 14 2000 PQ. q Future Land Use Element - The subject PUD proposes to allow all the commercial land uses consistent with the Neighborhood Center Subdistrict of the Golden Gate Master Plan. This district is intended to allow for development that provides basic goods and services to Estate residents. This includes low intensity transitional commercial uses that are compatible with both residential and convenience commercial by allowing small scale shopping and personal needs. It also allows intermediate commercial (up to C -3) to provide for a wider variety of goods and services in areas that have a higher degree of automobile traffic. The proposed uses within the subject PUD is consistent with these criteria and with the following development standards. 1) The access points are limited to one per 180 feet commencing from the right -of -way of the major intersecting streets. 2) Driveways on the opposite side of the street shall be in direct alignment. 3) A 75 -foot buffer of retained native vegetation in which no parking or water management uses are permitted. 4) A 25 -foot wide Type "C" buffer. Transportation Element - The Traffic Impact Statement estimates the site - generated trips to be approximately 2,302 average weekday trip ends after trip adjustments. The PM Peak Hour Trips are estimated to be 354 Weekday trips. These trips exceed 5% of the LOS "C" design volume on Golden Gate Boulevard east of Wilson Boulevard. However, the site - generated trips will not create a concurrency problem on Golden Gate Boulevard because the project trips don't lower the capacity below any roads adopted LOS "D" standard. The Transportation Element lists Golden Gate Boulevard as a 2 -lane road east of Collier Boulevard. The current traffic count for this segment is 14,592 AADT that results in a roadway operation of LOS "E" while the minimum standard is LOS "D ". Since, this road is currently being constructed to a 4 -lane facility by 2000/01, the level of service will improve to acceptable levels at that time. As a result, the proposed PUD rezone will not create or excessively increase traffic congestion on the arterial road system at built -out and complies with Policies 1.3, 1.4, 5.1 and 5.2, of the Transportation Element. Open Space Element - The total open space 2.7 -acres and the open space that each individual development parcel sets aside as a function of complying with setbacks, water management and design features exceeds the thirty (30) percent required by the LDC. Staff is confident that this project as designed is consistent with the open space element. Other Applicable Element(s) - These elements include utilities and water management facilities. All water management facilities will be constructed consistent with County Ordinances and they will also be reviewed and approved as a sanction of obtaining subsequent development order approvals. Therefore, this petition is consistent with this element of the GMP. NOV 14 2000 Pg.- A0 HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, an Historical/Archaeological Survey and Assessment is not required. However, this project is subject to Section 2.2.25.8.1 of the Land Development Code which requires the following: If, during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: The appropriate staff responsible has reviewed this petition for oversight related to the above referenced areas of critical concern. This primarily includes a review by the Community Development Environmental/Engineering staff, and the staff of the Transportation Services Department. The environmental review indicates that the subject site consists of 1.0 -acre (15 percent) Preservation Area. The subject property qualified for a waiver from the requirement to submit an Environmental Impact Statement since it is less than 10 acres. Therefore, this petition was not required to go to the Environmental Advisory Council (EAC). In addition, the Transportation Services Department has required a left turn lane onto Golden Gate Boulevard along with compensating right -of -way. Other approval stipulations from these reviewing agencies are contained within the PUD document. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impact of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that comprehensive overview. The listed criteria are specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation of approval or denial by the Collier County Planning Commission to the BCC. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are categorized as either pro or con, whichever the case may be, in the opinion of staff. A review of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non - compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report as Exhibit "A ". In addition, appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected officials. The evaluation by professional staff should typically include an analysis of the petition's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County GMP /Golden Gate Master Plan and all of its related elements. 4 1 NOV 14 2000 Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses, a consideration usually dealt with as a facet of analyzing the relationship of the rezoning action to the long range plan for future land uses. Notwithstanding the above, staff in reviewing the determinants for adequate findings to support a rezoning action advises as follows: Relationship to Future and Existing Land Uses: A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the Future Land Use Element of the Golden Gate Area Master Plan and with the surrounding properties. This proposed commercial PUD is located within the approved Neighborhood Center Sub - district of the Golden Gate Area Master Plan. The permitted uses within this PUD are consistent with the uses provided for in the Golden Gate Area Master Plan. A review of the property to the north is currently zoned C -2 and developed with a convenience retail/gas, shops and a restaurant. Lands to the east and west are currently vacant and zoned Estates. To the south is a single family home that is zoned Estates. To improve the relationship and compatibility with the adjacent residential land uses, this PUD provides a 75 foot deep Type "B" landscape buffer on the south, east and west sides. In addition, a 25 -foot Type "C" buffer is provided along Golden Gate Boulevard. Furthermore, there shall be no access to any other local residential street. Lastly, no automobile parking, homeless shelters or soup kitchens shall be permitted Since the Neighborhood Center Sub - district of the Golden Gate Master Plan limits the approved uses and the PUD proposes no more than 42,000 square feet of commercial/office related uses, this project should not adversely impact the adjacent properties. With respect to the matter of compatibility with the FLUE, this is an evaluation whose primary focus is similarity of land use. In the case at hand, and based upon the approved the Golden Gate Master Plan, we have an expectation that the land will be used and developed with limited commercial land uses as proposed within the subject PUD. Staff is also of the opinion that the required buffer provides sufficient separation to maintain compatibility with adjacent properties. In addition, all structures are limited to a maximum height of 35 feet and one story, which is lower than the Estates zoning ig strict. Furthermore, the commercial structures are subject to Architectural and Site Design requirements of Section 2.8 of the LDC. The general development standards include a Front Yard setback of 25 feet with no parking or outside display of merchandise in the front yard setback area. Furthermore, a 15- foot side and rear yard setback is provided which is consistent with the C -3 zoning district. Furthermore, no structure shall encroach into the required 75 -foot deep buffer. The project is also compatible with other approved commercial C -2 land uses to the north. Regarding the matter of timing, it should be appreciated that commercial development has been approved within the area. After considering the availability of community infrastructure and services it is clear that the development of the subject property is timely and consistent with the FLUE to the GMP. Traffic - The primary vehicular access point is from Golden Gate Boulevard that is a 2 -lane road that is currently being constructed to a 4 -lane facility. In view of the adequate depth and sight distance, the access point should operate adequately. The developer shall provide the required turn lanes at the proposed entrance points. The final geometry and design of the access will be reviewed at the time of Preliminary Site Development Plan (SDP) and/or Preliminary Subdivision Plat (PSP) review. The GMP consistency review states that approval of this petition is consistent with policies of the Transportation Element. 5 1 NOV 14 2000 Pit. 1e;_ Utility Infrastructure/Community Services — All development must comply with surface water management requirements invoked at the time of site development plan approval as the case will be for development of this land. The subject property is readily accessible to a whole range of community infrastructure, which is enhanced by its frontage on Golden Gate Boulevard and Wilson — Boulevard. Summary: Based on the above analysis, the following conclusions can be reached. 1) The proposed rezoning of the subject property from "E" Estates to PUD to allow for commercial development is consistent with the approved Neighborhood Center Sub - district of the Golden Gate Master Plan. 2) Commercial structures within the project shall be required to conform to the architectural theme requirements of Section 2.8 of the Collier County Land Development Code. The proposed development also limits the building heights to a maximum height of one story. 3) The site generated trips will not create a concutrency problem within the projects radius of development influence (RDI) because the project trips don't lower the capacity below any road's adopted LOS "D" standard. 4) The Findings related to the application to rezone to PUD and the development standards specified in the PUD document support a recommendation of approval. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) recommend approval of Petition PUD- 00 -13, the Wilson Boulevard Center PUD Document and Master Plan subject to the conditions of approval that have been incorporated into the PUD Document. AGENOAITEM t4 / NOV 14 2000 Pg. /- J PREPARED BY: 9 zo Od RAY aLLOWS, PRINCIPAL PLANNER DATE CURRENT PLANNING SECTION BY a,. RONAfoy. NINO, AICP, MANAGER DATE CURR G SECTION � � s ROBERT J. ICP, DIRECTOR DATE PLANNING SERVICES DEPARTMENT APPRO BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. Staff Report for the October 5, 2000 CCPC meeting. COUNTY PI,A1 G COMMISSION: J K 0 1 it, I Vu C4-� A. BUDD, CHAIR N PUD-W 13 /STAFF REPORT/RVB/rb 0 rA N0. NOV 14 2000 PQ.—Zf—le FINDINGS FOR PUD PUD -00-13 Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' compliance with the following criteria: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Pro: (i) The subject land is located within an approved FLUE district permitting commercial uses. Con: (i) Existing neighboring residents often perceive new commercial development as an intensification near their existing neighborhood as contributing factors to inconveniencing traffic movements to and from their place of residence, increasing noise and pollution, and reducing property values. Finding: Collier County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the PUD document give assurance that all infrastructure will be developed and be consistent with County regulations. Any inadequacies that require supplementing the PUD document will be recommended to the Board of County Commissioners as conditions of approval by staff. Recommended mitigation measures will assure compliance with Level of Service relationships as prescribed by the Growth Management Plan. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Pro /Con: Evaluation not applicable. Finding: Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. Exhibit "A" 1 NOV 14 2000 PH• •1 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan (GMP). Pro: (i) The development strategy for the subject property is entirely consistent with the goals, objectives and policies of the Golden Gate Area Master Plan as amended. Con: None. Finding: The subject petition has been found consistent with the goals, objectives and policies of the GGAMP. The subject PUD proposes to allow commercial uses that are consistent with the Future Land Use Element (FLUE) of the Golden Gate Area Master Plan. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Pro: (i) The PUD has been designed to provide similar development standards as the C -2 development to the north. In addition, landscaping and buffering has been provided to buffer the adjacent residential tracts. Con: None. Finding: The PUD Master Plan has been designed to optimize internal land use relationship through the use of various forms of open space separation. External relationships are automatically regulated by the Land Development Code to assure harmonious relationships between projects. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. Pro /Con: Evaluation not applicable. Summary Finding: The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Pro /Con: Evaluation not applicable. Summary Finding: Timing or sequence of development in light of requirements automatically triggers the mechanism for ensuring that degradation is not allowed or the LOS deficiency is corrected. 2 ! NOV 14 2000 Pg. Z 7. The ability of the subject property and of surrounding areas to accommodate expansion. Pro- This petition seeks to allow community facilities that are intended to serve the nearby residential areas. In addition, this project will not adversely impact any adopted level of service standard. Con: None. Summary Finding: Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from development. This assessment is described at length in the staff report adopted by the CCPC. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Pro /Con: Evaluation not applicable. Summary Finding: This finding essentially requires an evaluation of the extent to which development standards proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards. FINDINGS FOR PUD-00- I 3/RVB/rb N& .6?iBl NOV 1 42`000 3 P1. 17_ REZONE FINDINGS PETITION PUD -00 -13 Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives & policies of the Future Land Use Map and the elements of the Growth Management Plan. Pro: (i.) The subject property is located within the approved Neighborhood Center District of the Golden Gate Area Master Plan ( GGAMP). (ii.) Development Orders deemed consistent with all applicable elements of the FLUE of the GGAMP should be considered a positive relationship. Con: None Summary Findings: The proposed development is in compliance with the Future Land Use Element of the GGAMP. The commercial uses listed within this PUD are consistent with the Neighborhood Center District of the GGAMP. 2. The existing land use pattern; Pro /Con: Evaluation not applicable. (a more detailed study is contained in the staff report.) Summary Findings: The subject PUD is approximately opposite the existing "C -2" Commercial District. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro: The subject site is of sufficient size (7.15- acres) and is opposite an existing "C -2" development. Con: None. Summary Findings: The parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. It is also consistent with expected land uses by virtue of its consistency with the GGAMP. EXHIBIT `B" NOV 14 2000 Pg.�_ r .« • 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro: The district boundaries are logically drawn in relation to historical development patterns of the area. Con: None. Summary Findings: The boundaries are logically drawn by virtue that the subject PUD is consistent with the FLUE of the Golden (late Area Master Plan. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro: The proposed zoning change is appropriate based on the approved commercial land uses to the north and because of the subject PUD's relationship to the Golden Gate Area Master Plan is a positive one. Con: None. Summary Findings: Consistent with the FLUE and GGAMP. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: (i) Recommended mitigation actions (i.e. landscaping) made as a condition of approval will go a long way towards offsetting any potential adverse influences on the residential lots. (ii) The proposed development is intended to be an extension of the existing Neighborhood Center Commercial Subdistrict. Con: The location of the subject site could cause increased noise and traffic impacts on the nearby residences. However, due to the proposed landscape and buffer areas, the proposed community facilities should not adversely impact the adjacent properties. Summary Findings: The proposed PUD will not adversely influence living conditions in the Estates because the recommended development standards and other conditions for approval have been promulgated and designed to ensure the least amount of adverse impact on adjacent and nearby developments. AGENDA ITEM Na. a 9 NOV 14 2000 pg. Z2 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Pro: (i) An action to rezone the property as requested is consistent with the Transportation Element (ii) The property has access to a public road that has direct access to an arterial road. (iii) Golden Gate Boulevard is currently being improved to a 4 -lane facility. Con, (i) As urban intensification increases, there is some loss of comfort and ease of travel to the motoring public. However, by law this degree of discomfort is regulated by concurrency requirements as adopted in the Growth Management Plan. (ii) In the short run construction traffic made necessary for development may be irritating to local residents. Summary Findings: Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Transportation Element of the GMP and was found consistent, a statement advising that this project when developed will not excessively increase traffic congestion. Additionally certain traffic management system improvements are required as a condition of approval (i.e. turn lanes, traffic signals, dedications, etc.). In the final analysis all rezone actions are subject to the Concurrency Management System. 8. Whether the proposed change will create a drainage problem; Pro: (i) The Land Development Code specifically addresses prerequisite development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. Con: (i) Urban intensification in the absence of commensurate improvement to inter -county drainage appurtenances may increase the risk of flooding in areas when the drainage outfall condition is inadequate. Summary Findings: Every project approved in Collier County involving the utilization of land is scrutinized and required to mitigate all sub - surface drainage generated by developmental as a condition of approval. This project was reviewed for drain A ITEM and construction plans are required to meet County standards. No. /�Q 3 N 1 41 4 2000 PB•� 9. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro: The proposed PUD development conforms to the approved zoning on the adjacent property to the north. In addition, the maximum height for the structures as provided for in the PUD is similar to the maximum height permitted within the Estates district. Con: None. Summary Findings: All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area; Pro: Typically urban intensification increases the value of contiguous underutilized land. Con: None. Summary Findings: This is a subjective determination based upon anticipated results, which may be internal or external to the subject property that can affect property values. Property valuation is affected by a host of factors including zoning, however zoning by itself may or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation may or may not affect value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Pro /Con: Evaluation not applicable. Summary Findings: The basic premise underlying all of the development standards in the zoning division of the LDC is that their sound application when combined with the administrative site development plan approval process, gives reasonable assurance that a change in zoning will not result in a deterrence to improvement of adjacent property. 4 I NOV 1 4 2000 Pa.—AL- 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Pro /Con: Evaluation not applicable. Summary Findings: The proposed PUD complies with the GMP, which are public policy statements supporting Zoning actions when they are consistent with said plans. In light of this fact the proposed change does not constitute a grant of special privilege. Consistency with the FLUE of the GGAMP is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Pro /Con: Evaluation not applicable. Summary Findings: The site can be developed in accordance with the existing zoning. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro: The project is designed in a manner that is compatible in size and scale with the approved Commercial PUD properties to the west. Con: Existing neighbors within the adjacent Estates subdivision may feel that the proposed change is out of scale with the neighborhood. Summary Findings: The subject PUD complies with the recently approved amendment to the Golden Gate Area Master Plan. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Pro /Con: Evaluation not applicable. Summary Findings: There are many sites, which are zoned to accommodate the proposed development. 5 VI- NOV 14 2000 pg._ 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Pro: The subject property is undeveloped. Presently exotic vegetation has invaded the site, however the environmental impacts are minimal. Con: Development of the site may create a need for additional fill and site alteration for infrastructure improvements. Summary Findings: The extent of site alteration will be determined as a function of obtaining a Site Development Plan approval to execute the PUD's development strategy. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. Pro /Con: Evaluation not applicable. Summary Findings: Staff responsible for jurisdictional elements of the Growth Management Plan (GMP) has reviewed this petitions and have found it consistent with the GMP and with the Golden Gate Area Master Plan. REZONE FINDINGS PUD- 00- 1 3/RVB /rb AGENDA ITLM Noo. -- 6 NOV i 4 2000 7a. • 1 a COLLIER COUNTY D APPLICATION FOR PUD REZONE PETITION NO. P U D O O- 13 ' JUN 0 7 2000 COORDINATING PLANNER: 2AY !3 e-Li --o w s DATE RECEI —, ------------------------------------------------------------- --- ----- ------ ------- ---- - - - --- - - - - - - - - Applicant Name (Agent): William L. Hoover. AICP. of Hoover Planning & Dev,. IM. Address: 3785 Airport Road North, Suite B. Naples. FL 34105 Phone: 403 -8899 Fax: 403 -9009 Property Owner (Petitioner) Name and Address: Warren Raymond. Development Officer. Centrefund Development Corp 2401 PGA Boulevard Suite 280 Palm Beach Gardens. FL 33410 Phone: 561-624-950 Fax: 561-624-9507 Detailed Legal Description of Subject Property: All of Tract 17 and the west half of Tract 18 less the north 75 feet for Golden Gate Boulevard right -of -way, Golden Gate Estates Unit 13, as recorded in Plat Book 7. Pages 71 and 72 of the Public Records of Collier County. Florida. Section 10 Township 49S Range 27E Property Identification #: 37221240007.37221120004. and 37221160006. Size of Property: 515 Feet x 605 Feet = 7.15t Acres General Location of Subject Property: At the southeast corner of Wilson Boulevard and Golden Gate Boulevard. Adjacent Zoning and Land Use: ZONING N - ROW then C- 2/Estates S - Estates E - Estates W - ROW then Estates Existing Zoning: Estates. LAND USE Golden Gate Blvd. then Gee's General Store/vacant land. Single-family home then a vacant and wooded parcel.. Three vacant and wooded parcels. Wilson Blvd. then vacant and wooded land. Proposed Land Use or Range of Uses: PUD for low intensity commercial uses. Does Property Owner own contiguous property to the subject property: If so, give complete legal description of the entire contiguous property: No. I AGE NOV 14 2000 Pg. 027 Has a public hearing for a rezone been held on this property within the past 12 months? If yes, please write the rezone application number. No. not for anv rezones. Is this property currently vacant? Yes. If the answer is no please describe the current land use and all existing structures. %45,w. y We�� G Signature of Petitioner Date * If petitioner is a corporation other than a public corporations, so indicate and name officers and major stockholders. • If petitioner is a land trust, so indicate and name beneficiaries. • If petitioner is a partnership, limited partnership or other business entity, so indicate and name principals. * If petitioner is a leasee, attach copy of lease, and indicate actual owners if not indicated on the lease. * If petitioner is a contract purchaser, attach copy of contract, and indicate actual owner's name and address. The petitioner is a public corporation with the sole shareholder the Centrefund Development Group (U S) Officers are: John Preston, Robert S Green. and Larry Bernick. Property owners are as follows: West half of Tract 17 is Lloyd J. Ottenstroer and Dale Ann Popp 13933 Trails End Drive, Lock Port, Illinois. 60441. East half of Tract 17 is Frank Dellecave 4426 - 23rd Ave. SW, Naples. Florida 34116. West half of Tract 18 is Arbelio Rives, 231 Eighth St. NE, Naples, Florida 34120. NOV 14 2000 Pe--22k_r a, HOOVER PLANNING & DEVELOPMENT, INC. Rezonings, PUDs, PDs, Conditional Uses, Variances, Plan Amendments, Traffic, Parking, and Feasibility Studies, Site Plans & Subdivisions May 31, 2000 Mr. Ray Bellows Collier County Current Planning 2800 N. Horseshoe Drive Naples, FL 34104 chum JUN 0 7 2000 FUDoo-13 RE: Narrative Letter for the Proposed Wilson Boulevard Center PUD Application Dear Mr. Bellows: The proposed Wilson Boulevard Center PUD is located just south of Gee's General Store at the southeast corner of Wilson Boulevard and Golden Gate Boulevard. The subject land is currently zoned Estates and proposed for retail commercial and professional office land uses that will be compatible with the overall Golden Gate Estates neighborhood. The site is 6.43 acres in size after subtracting lands that are designated for Wilson Boulevard and Golden Gate Boulevard right -of -way areas. A Comprehensive Plan Amendment was adopted for final approval by the Board of County Commissioners on May 9, 2000, which activated the Neighborhood Center located at the southeast quadrant of the subject intersection. The Golden Gate Area Master Plan has several development restrictions within the Estates Neighborhood Centers, which include: 25 -foot buffers along both Wilson Boulevard and Golden Gate Boulevard; 75 -foot buffers against adjoining residential properties; land uses similar to the C -1, C -2 and C -3 Zoning Districts; and a maximum commercial area of 5.0 acres after deducting lands used for arterial right -of -ways and buffers along the exterior of the PUD. Based on discussions with the Golden Gate Estates Civic Association and their members, several County Commissioners, and a survey taken primarily of this civic association, some convenience commercial land uses have not been requested. These primarily include: fast food restaurants with a drive- through and gas stations. Additionally, the PUD Document has been restricted so that the project and buildings would be designed in a rural -type fashion in order to fit-in with the project's location. Sincerely, HOOVER PLANNING & DEV., INC. William L. Hoover, AICP HP File #204bnarrl.hr I NO. NOV 14 2000 3785 Airport Road North, Suite B, Naples, Florida 34105 • Phone: 941 - 403 -8899 • Fax. LIST OF PROFESSIONALS WORKING ON PLAN AMENDMENT Anthony Pires, Woodward, Pires & Lombardo, P.A., 801 Laurel Oak Drive, Suite 640, Naples, FL 34108 Phone # 403 -0123 Fax #403 -9399 Jeff Davidson, P.E., 1720 J. & C. Boulevard, Suite 3, Naples, FL 34109 Phone # 597 -3916 Fax # 597 -5195 William L. Hoover, AICP, Hoover Planning & Dev., Inc., 3785 Airport Road N., Suite B, Naples, FL 34105 Phone # 403 -8899 Fax # 403 -9009 JUN 0 7 2000 PUD00-13 OM� L NOV 14 2C10 Pg. P,7_ JW NOTARIZED LETTER OF AUTHORIZATION FROM PROPERTY OWNER RE: Proposed Amendment to the Golden Gate Area Master Plan and PUD Rezoning of Approximately the Western Half of Tract 17, Golden Gate Estates Unit 13, Located at the Southeast Corner of Wilson Blvd. and Golden Gate Blvd., in Collier County, Florida To Whom It May Concern: Please be advised that Centrefund Development Group (contracted purchaser), at Centrefund's expense, and its consultants, including: Collier Environmental Consultants, Inc., 3880 Estey Ave., Naples, Florida 34104; Hoover Planning, 3785 Airport Road North, Suite B, Naples, Florida 34105; and Keene Engineering, 538 Ninth Ave. S., Naples, Florida 34102; have the permission from this property owner to apply for and act as agents for the subject petitions. I also authorize Centrefund Development Group to act as the applicant regarding the subject petitions. VU STATE OF COUNTY OF The foregoing instrument was acknowledged before me this 1-71h day of 1999 by who Ware personally known to me or have produced as identification and who did (did not) take an oath. /,0N1✓/1 17. 07- re"5r1tV4-iC Printed Name "OFFICIAL SEAL" My Commission Expires: A M orrENSTROER NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 8/11/99 SEAL ME 7-IM NOV 14 2000 Pg. odd "NO 2D.y -------------- - - - - -- P U D 0 0 - 1 3 v NOTARIZED LETTER OF AUTHORIZATION FROM PROPERTY OWNER RE: Proposed Amendment to the Golden Gate Area Master Plan and PUD Rezoning of Approximately the Eastern Half of Tract 17, Golden Gate Estates Unit 13, Located at the Southeast Corner of Wilson Blvd. and Golden Gate Blvd., in Collier County, Florida To Whom It May Concern: Please be advised that Centrefund Development Group (contracted purchaser), at Centrefund's expense, and its consultants, including: Collier Environmental Consultants, Inc., 3880 Estey Ave., Naples, Florida 34104; Hoover Planning, 3785 Airport Road North, Suite B, Naples, Florida 34105; and Keene Engineering, 538 Ninth Ave. S., Naples, Florida 34102; have the permission from this property owner to apply for and act as agents for the subject petitions. I also authorize Centrefund Development Group to act as the applicant regarding the subject petitions. Sincer y, STATE OF 7Ei 2 21 O w COUNTY OF 7 E rc- e foreying instrument was acknowledged before me this IV day of , 1999 by �2,In K 1 �&-IlE Rur wh is /are personally known to me or have produced T-/ DI # U </P / a 7 a identification ad who did (did not) take an oath. Notary Public TWA Ai"M MY COMMISSION I CC5WM EVINES Printed Name OcVw 15.2= :'�'I,R: iy lDNDEDTNI11gY MDI IIWI0.111�.IIG My Commission Expires: SEAL AGENDA ITEM N0. NOV 14 2000 Vg. 9 • NOTARIZED LETTER OF AUTHORIZATION FROM PROPERTY OWNER RE: Proposed Amendment to the of the Western Half of Tract Southeast Corner of Wilson Florida To Whom It May Concern: Golden Gate Area Master Plan and PUD Rezoning 18, Golden Gate Estates Unit 13, Located at the Blvd. and Golden Gate Blvd., in Collier County, Please be advised that Centrefund Development Group (contracted purchaser), at Centrefund's expense, and its consultants, including: Collier Environmental Consultants, Inc., 3880 Estey Ave., Naples, Florida 34104; Hoover Planning, 3785 Airport Road North, Suite B, Naples, Florida 34105; and Keene Engineering, 538 Ninth Ave. S., Naples, Florida 34102; have the permission from this property owner to apply for and act as agents for the subject petitions. I also authorize Centrefund Development Group to act as the applicant regarding the subject petitions. Sincerely, �k ' STATE OF ZOR ��JA COUNTY OF QZ e-C The foregoing instrument was ackjp�QQ fledged before me this � � day of �ri , 1999 by 7, be -t ") 17 i VES Who is /arp personally known to me or have produced W, 1,01-0 —000 — 013 as identiricatiorr�pnd who did (did not) take an oath. Mop SftAf�o Printed Name My Commission Expires: V?,6100 SEAL MARIA F. SAMPAYO MY COMMISSION I CC 6722.2 »° DnRES: July 26, 2000 ' �?r emd.e nw Ronn Nft uMww+lsn [7NO V 1 4 2000 Pa. d Law Offices of John D. Spear 0. Box 2207 Bonita Springs, FL 33959 -2207 Try Ynewaax Agree W aA �� N CL; CD 0 a�r+.e wnm ru sa ,_ - � tar nor wa " nmaaro are 01874558 IMFE824 FN is 68 COLLIER COUNTY RECORDED Rteetved i •7o sapoaeaury Stag Tax Recelved S Class 'C' Inunotble N/A Personal Property Tu DWIGHT E. OR=, CLERK 07 CMIT COURT Br den—t 4 A*i6d D.C. PREPARED WITHOUT EXAMINATION OF TITLE. SPA" .wow NO Ye FOR n.ORYra M„ — to enturr, rI- rw,tl✓•l.lwMhl -Mw �TY1',Yrtl.r�rd. �Y.Wl��ilrp.tl �r iw,Ynr i,r r.r: Y r I.v Iri „u rY rr.,.�'r. ✓r4 ,b w `rr Vr'rrr r rr w. r..r a.sa./V rn r r obi p Made rAis 2�"t day of February A. D. 19 93 A m DOROTHY J. OTTENSTROER, unremarried surviving spouse of LLOYD B. OTTENSTROER, deceased CM N tae CounrY of Lee in the State of Florida part gftaeJrarport, and LLOYD J. OTTENSTROER and DALE ANN POPP, each as to an undivided one -half interest, as Tenants in Common. y' Of tae Coanq q/ Lake In be Stan of Illinois T pally q/rlx mondparr, whose address ist c/o Dorothy Ottenstroer, S 38451 North Drexel Blvd., Antioch, IL 60002 SIpIa 11111Deessetll that the mid party gl the ifrst pal. for and in tuwidaadon of the sum of Good and valuable consideration and the sun of Ten------ - - - - -- Dafiam to hart in hand paid by the mid party N the second par. the rxvipt whoegf k hereby aehrrowkdSad, Am granted, barratmd and sold to the mid party of the woad pat his helm and asdam Javava, the Jollewat da described lead, shrews Mn[ and belt In the Cooaty qf Collier Sron of �`X� F7alde, ro we: The Nest 200 feet of Tract No. 17, of that certain subdivision known as GOLDEN GATE ESTATES, UNIT NO. 13, according to the nap or plat thereof on file and recorded in the office of the Clerk of the Circuit Court of Collier County, Florida, in Plat Book 7, Pages 71 and 72, of the Public Records of Collier County, Florida. II Subject to easements, restrictions, and reservations of record, and taxes for the current year. Property Apprriw7 panel sdemjflastlon Number. 37221160006 And the mid parry of the Jkst part door herebyJd¢ warrant the Ikk ro sold land, and will dxfend tae moms ajabsio the Wad deinw of off persons whonrroener. jm Ohaess jUleraef themidparty gfthefumtpart hmhereun tosethk handedaeetthedayad yearJkmt above wrirma. f31yub. 0=0 sell DdImemb in Ofix ilInstuan nom D, Nitnsea DOROTBYlJ0 OTTENSTROER ss JUN 0 7 2000 ------------------------ I ' ruin PUDO0-13' `4' pQ. i "M et*Wwkdvd WON " likis dv qf DOROTHY J. OTTENSTROER, unremarried surviv Pebiiiaiv 19 93, by Via: se ATROER- deceased_, who & pffs&wny knows to aw or who ho podwed. a drivails license Yr kkntifkwwm mW who did (did nof) take w o&M. 009 ID. Jpls=WD = John D. Spear PriWadAbm notary Public 7kk CC- 076383 gumv The fwaang bwrwareat w acknowkdsed Wm aw tkk day of . 10— by- who kpffsond&kmm to"m who kwproducvd w MmiUkadon and who did (did wo take m oath. 00 [NJ 21 z 2357673 OR: 2450 PG: 1310 8001/11 Is 1117, i UM1 of CQULU =M, n 11/11/51 at 11:11!! MW 1. Ma, till UC RI 11.51 uta: IOC•.11 .1/ IarVWMW PrgMW By ISSI In= A I Rearm To: APBs n 71111 1555 r G. Van Dim. Esq. LDQAA KLFM 4 BONAQUM, P.A. East Tamiami Trai! ea. FL 34112 -4903 THIS WARRANTY DEED, made on this � • day of 1999, between m F. DeOecave joined by his wife, Jane Dellecave, of Naples, Flori hereinafler called the tor, and Frank Dellecave, hereinafter called the Grantee, whose post office address is 4426 23rd S.W., Naples, FL 34116, and whose tax identification number is Q 73 — /8— 3910 . sever used herein the terms "Grantor" and "Grantee" indicate the plural if applicable.) That said Grantor, for and in consideration of the sum of TEN AND N01100 DOLLARS DO), and other good and valuable consideration to Grantor in hand paid by Grantee, the receipt mf is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and ms unto the Grantee and Grantee's heirs and assigns forever, the following described land, situate, and being in Collier County, Florida, to wit The East 150 Feet of Tract No. 17, Golden Gate Estates, Unit No. 13, According to the map or plat thereof recorded in Plat Book 7 at Page 72 of the Public Records of Collier County, Florida. Folio No.: 37221120004 This conveyance is subject to easements, restrictions, and reservations common to the subdivision, outstanding oil, gas and mineral rights, if any, and real estate taxes for the year 1999 and subsequent years Grantor warrants that the above - described property is not the homestead of the Grantor. TO HAVE AND TO HOLD, the same in fee simple forever. AND the Grantor hereby covenants with the Grantee that the Grantor is lawfully seized of said >d in fee simple; that the Grantor has good right and lawful authority to sell and convey this land; that Grantor hereby fully warrants the title to the land and will defend the same against the lawful claims all persons whomsoever, and that the land is five of all encumbrances, except as otherwise noted Page 1 oft ' NOV 14 2000 .i * *x OR: 2450 PG: 1311 "t IN W17NnS WHEREOF, the Grantor bas signed and sealed dense presents the day and year eve written. as to both signatures of Grantor. � 'YtitA.A. name: Zjodi OF FLORIDA, 'Y OF COLLIER, r472P /� /�•'i� ( 1 HEREBY CERTIFY that on this day, before me, an officer duly qualified in the Stets and �r aforesaid to take acknowledgments, personally appeared Steven F. Dellemve and lace fellecave, Grantor, who are personally (mown to mei or who produced Fl. rW1 Yet UWrAs identification acknowledged before me that Grantor executed the same. a WITNESS my had and official seal in the Coyu Rand State last aforesaid this 3 day of Oct•��'yyo 1998. /M4DhMr Now" A mq D. Pe *k- 'A j Printed name: /1 « Commission NO.: CC S8 S'I N3 Commission Expires: q -al- 00 Page 2 of 2 NOV 14 2000 1W 1114*000000 WOO b" r -'• 1 ';GA,'►RLaE7U,rMIHAT10Nr'' NLLLIAM t6R0EEtKKA10Y A pAAIITL ,•,•(,jie((y Tax CoLpLR C CLERK OF CO U w low /F/1 +,1�� AY More As asata T. FESSIUN D.0 UT13.',?i aasegL 1100104 aid LLR (STAMOR Fow —SIM N1.I2 f1) 30000T, mod. dds 5th dw of December 19 86, 110UWa ROBERT MOODY AND MAVIS R. MOODY, husband and wife, u an estate by the entireties of the Canary of Collier , stem of Florida O'Dow. wed ARBELIO RIVES, a single man wboes podolaw e— 8 341 Golden Gate Blvd., Naples, Florida 33964 of 00 coons, of Collier . Sam of Florida • sr +t Wi wosfi4, That said vin, for end in anowerenien of We rat of Ten and ------------------ ---------------°°---------- ----- ------ --------- -------- --00 /100 Gasws and- new geed ad sehasbm noised W h bid grunlar w Rend poid ra W, pontes, a nnrf dnr O is briny Vrdnn sham. W" and being in Collier aroMw. and o�emee'a County. F"do, so•vie Mo L r9 Ci ;qp The West half of Tract 18, GOLDEN GATE ESTATES, UNIT I NO. 13, according to the map or plat thereof recorded F in Plat Book 7, Pages 71 and 72, of the Public Records z1f of Collier County, Florida. 10 1 m 4 gd SUBJECT TO easements and restrictions common to the A* subdivision and ad valorem taxes for the year 1986 , and subsequent years. a. VtOS0674 0 DEC -9 PN 1/31 66128`6 901229 . C�WER'OUM RECORDED 10R =800K PAl '`. ^ond said aeow dens hereby bSy warred dr see to bW tend. and wa ddend the serer 99aim the bwrW dukes of d :,•,'_ veiam ,+bornwaear' e"Craubr' and - graMea` are wad For ewpds ar ghaat, an eerawr requires. 30 Grenbr hat hriwde sat granters bond end sea[ Me day and year am abesa wri1M. 'Sipeed: deg.r.3 in op gresanm I ROBERT MOODY JP /�f 7 :g= MOODY fSea^ MAVIS R. MO (Sad) 15@04 &A19 Of FLORIDA j`COUtm Of COLLIRR :VHENBy CEMY dot en +his day Eden ale, " afkw d* quaba@d m sibs ed 0W60dpn+n4 aysuneM waeared :ROBERT MOODY AND MAVIS R. MOODY, husband and wife, as an estate by the ant {{reties in@wn.b W 8r Wnan edrriWd in end whe anK,Md A. laregeing instnnnnd and edwwmdgad 6ebn That W@1 .... VATWSS my bond and eHWel seal In dam Candy end tgrae bs eta.bW " 4r" der d December t4 86 t- ;� , My cananWmn wWw P /g -%O , No" k4k ReeaNed 4?c�., - — s i Stamp Tal! Rece)vad Ckss Y " )r • l)Ta �'i,SWi A pAAIITL ,•,•(,jie((y Tax CoLpLR C CLERK OF CO U R f� T ato /F/1 +,1�� AY l FESSIUN D.0 UT13.',?i 9006th AVENUE Y ' IWI.G$,Fle 33940 sncwnsryftC°yA JUN 0 T 2009 Utility Proviciors for PUD00-13 Conditional Uses and Rezones 1. NAME: Centrefund Development Corp. 2. ADDRESS: c/o Davidson Engineering, Inc. 1720 J & C Boulevard, Suite 3 Naples, Fl 34109 piiONF.: 941 597 3916 3. LEGAL DESCRIPTION: THE WEST 200 FEET OF TRACT 17, THE EAST 150 FEET OF TRACT 17, AND THE WEST HALF OF TRACT 18, GOLDEN GATE ESTATES UNIT 13, COLLIER COUNTY, FLORIDA. 4. TYPE OF SEWE•GE DISPOSAL TO BE PROVIDED (Check applicable system): A. COUNTY SYSTEM B. CITY SYSTEM. C. FRINCHISED SYSTE.`C NAME: D. PACKAGE TREATMENT PLANT CAPACITY E. SEPTIC SYSTEM XX 5. TYPE OF WATER SERVICE TO BE PROVIDED (_heck applicable system): A. COUNTY SYSTEM B. CITY SYSTEM C. FRINCHISED SYSTEM NAME: D. PRIVATE SYSTEM XX 6. TOTAL FOPUJ+TION TO BE SERVED: 10,892 gpd @ 154 gpd/capita =70 capita 50,772 s.f. Retail use 0.1 gpd /s.f. 1,500 Restaurant w /100 seats @40gpd /seat = 4000 gpd 7. PEAK AND AVEPGE DAILY DEM.ANDES: 1. WATER -PEAK 30.2 gpm AVERAGE DAILY 10,892 gpd 2. SEWER -PEAK_ 24.2WT_ _ __ AVERAGE DAILY 9,077gpd 8. IF PROPOSING TO CONNECT TO COLLIER CCUNTY REGICNA= WATER SYSTEM, DATE SERVICE EXPECTED TO BE REQ;;IRED: NA 9. Provide a brief and concise narrative and schematic Drawing of the sewage treatment process to be used as well as a specific stateren= regarding the nerhod of affluent and sludge disposal. =f percolation ponds are to be used, then percolation data of soil involved shall be provided from tests prepared by a professional engineer. -1- Mo.� Nov 14 2000 Pg.�— W A 10. A statement, in writing, signed by the owner sho::ld be provided agreeing to deed to the County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with applicable County ordinances. This statement should also include agreement :hat applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County Community Development Division. The statement should also contain agreement to dedicate appropriate Utility Easements for serving the water and sewer systems. APPROVER: COMMENTS: FOR OFFICIAL USE ONLY ]ENIED: U:'LI^:IES ADMINISTRATOR NOV 14 2000 Pg.__ J ORDINANCE NO. 2000- AN ORDINANCE AMENDING ORDINANCE NUMBER 91 -102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED GGE05; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "E" ESTATES TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS WILSON BOULEVARD CENTER PUD LOCATED AT THE SOUTHEAST CORNER OF WILSON BOULEVARD AND GOLDEN GATE BOULEVARD IN SECTION 10, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 7.151 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, William L. Hoover, of Hoover Planning and Development, Inc., representing Warren Raymond, Development Officer for Centrefund Development Corporation, petitioned the Board of County Commissioners to change the zoning classification of the herein s. described real property. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: au The zoning classification of the herein described real property located in Section 10, Township 49 South, Range 27 East, Collier County, Florida, is changed from "E" Estates to "PUD" Planned Unit Development in accordance with the Wilson Boulevard Center PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered GGE05, as described in Ordinance Number 91 -102, the Collier County Land Development Code, is hereby amended accordingly. This Ordinance shall become effective upon filing with the Department of State. -1- ./ NOV 1 4 2000 Pg• �-94 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of 2000. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: BY:_ JAMES D. CARTER, Ph.D., , CHAIRMAN DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency -12 a'r��7 ii .LC MarjoStudent Assistant County Attorney CiWm nMUD-00- 13 /RB /im Nu—Z—A(d" NOV 14 2000 -2- L pg'-45--- WILSON BOULEVARD CENTER PUD A PLANNED UNIT DEVELOPMENT PREPARED FOR: WARREN RAYMOND, DEV. OFFICER CENTREFUND DEVELOPMENT CORP. 2401 PGA BOULEVARD, SUITE 280 PALM BEACH GARDENS, FLORIDA 33410 PREPARED BY: WILLIAM L. HOOVER, AICP HOOVER PLANNING & DEV., INC. 3785 AIRPORT ROAD N., SUITE B NAPLES, FLORIDA 34105 and DAVIDSON ENGINEERING, INC. 1720 J. & C. BOULEVARD, SUITE 3 NAPLES, FLORIDA 34109 and ANTHONY P. PIRES, JR. WOODWARD, PIRES & LOMBARDO, P.A. 801 LAUREL OAK DRIVE, SUITE 640 NAPLES, FLORIDA 34108 DATE FILED June 6. 2000 DATE REVISED October 23, 2000 DATE REVIEWED BY CCPC _ October 5, 2000 DATE APPROVED BY BCC ORDINANCE NUMBER I N / EXHIBIT "A" NOV 11 4 20`00 pt.- g---- TABLE OF CONTENTS PAGE TABLE OF CONTENTS i LIST OF EXHIBITS ii STATEMENT OF COMPLIANCE 1 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 2 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 4 SECTION III COMMERCIAL AREAS PLAN 6 SECTION IV DEVELOPMENT COMMITMENTS 10 NOV 14 2000 LIST OF EXHIBITS EXHIBIT A PUD MASTER PLAN Na AAIY- NOV 14 2000 Pi._ to STATEMENT OF COMPLIANCE _I The development of approximately 7.15 acres of property in Collier County, as a Planned Unit Development to be known as the Wilson Boulevard Center PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The commercial facilities of the Wilson Boulevard Center PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1. The subject property is within the Neighborhood Center of the Estates -Mixed Use Designation as identified on the Future Land Use Map and as described in the Golden Gate Area Master Plan. The Golden Gate Area Master Plan permits commercial land uses in this area. 2. The Project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 3. The Project shall be in compliance with all applicable County regulations including the Growth Management Plan. 4. All final local development orders for this Project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code as set forth in Objective 1.2 of the Golden Gate Area Master Plan. 1 I N. -42 d-i NOV 14 2000 PL• SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the Project name of Wilson Boulevard Center PUD. 1.2 LEGAL DESCRIPTION The subject property being 7.15 acres, is comprised of 3 contiguous parcels, and is located in Section 10, Township 49 South, and Range 27 East. The legal description of the subject property is: All of Tract 17 and the west half of Tract 18 less the north 75 feet for Golden Gate Boulevard right -of -way, Golden Gate Estates Unit 13, as recorded in Plat Book 7, Pages 71 and 72 of the Public Records of Collier County, Florida. 1.3 PROPERTY OWNERSHIP Property owners are as follows: West half of Tract 17 is Lloyd J. Ottenstroer and Dale Ann Popp, 13933 Trails End Drive, Lock Port, Illinois, 60441. East half of Tract 17 is Frank Dellecave, 4426 - 23rd Ave. SW, Naples, Florida 34116. West half of Tract 18 is Arbelio Rives, 231 Eighth St. NE, Naples, Florida 34120- 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located at the southeast corner of Wilson Boulevard and Golden Gate Boulevard (unincorporated Collier County), Florida. B. The property is currently vacant and is zoned Estates. It is proposed to be rezoned to PUD for low intensity transitional commercial land uses, convenience commercial land uses, and intermediate commercial land uses. 1.5 PHYSICAL DESCRIPTION The Project is located within the Golden Gate Drainage Basin according to the Collier County Drainage Atlas. The proposed outfall for the Project is to an existing Wilson Boulevard swale along the western boundary of the Project. 0 NOV 14 2000 Pg. �( F Natural ground elevation varies from 12.7 to 13.6 NGVD and the entire site is located within FEMA Flood Zone "X" with no base flood elevation specified. The water management system of the Project will be permitted by Collier County. All rules and regulations of SFWMD will be imposed upon this Project including but not limited to: storm attenuation with a peak discharge rate per Collier County and SFWMD Rules, minimum roadway centerline, perimeter berm and finished floor elevations, and water quality pre- treatment. The water management system of the Project proposes the construction of a perimeter berm with crest elevation set at or above the 25 -year, 3 -day peak flood stage. Water quality pre - treatment will be accomplished by an on -site retention system prior to discharge into the Wilson Boulevard swale. Per the Collier County Soil Legend dated January 1990, the soil types found within the limits of the property are #14 - Pineda Fine Sand and #21 - Boca Fine Sand. The site was historically a hydric pine flatwoods with scattered cypress. The site is dominated by slash pines, cabbage palms, and cypress. The ground cover is dominated by vines with scattered pockets of swamp fern and palmettos. 1.6 PROJECT DESCRIPTION The Wilson Boulevard Center PUD will include a mixture of retail and office land uses with a common architectural theme in a rural -type setting. Floor area for these uses shall not exceed 42,000 square feet. The Master Plan is illustrated graphically on Exhibit "A ", PUD Master Plan. A Land Use Summary indicating approximate land use acreage is shown on the plan. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Wilson Boulevard Center Planned Unit Development Ordinance ". 3 C9 NOV 14 2000 PB• 1� SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the Project, as well as other Project relationships. 2.2 GENERAL A. Regulations for development of the Wilson Boulevard Center PUD shall be in accordance with the contents of This doviment, PUID- Planned Unit Development District, applicable sectionra. and Parts of the Collier County Land Development Code and Collier County Growth Management Plan in effect at the time of local final development order or building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most simitar district in the Collier County Land Development Code shall apply. B. Unless otherwise noted, the definitions of aS firms shall be the same as the definitions set forth in the Collier Courtly Land Development Code in effect at the date of adoption of this PUD. C. All conditions imposed and graphic material presented depicting restrictions for the development of the Wilson Boulevard Center PUD shall become part of the regulations, which govern the manner in which the PUD site may be developed. D. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for in this PUD remain in fi rli force and effect. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15 Adequate Public Facilities of the Collier County Land Development Code at the earliest, or next, to occur of either Final Site Development Plan approval, Final Plat approval, or building permit issuance applicable to this development. 4 ' Nu 14612- NOV 14 2000 Pa. 4 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The Project Master Plan is illustrated graphically by Exhibit "A ", PUD Master Plan. B. Minor modifications to Exhibit "A", may be permitted at the time of Site Development Plan approval, subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code or as otherwise permitted by this PUD Document. C. In addition to the various areas and specific items shown in Exhibit "A ", easements such as (utility, private, semi - public) shall be established and /or vacated within or along the property, as may be necessary. 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Exhibit "A ", PUD Master Plan, constitutes the required PUD Development Plan. Except as otherwise provided within this PUD Document, any division of the property and the development of the land shall be in compliance with the Subdivision Regulations and the platting laws of the State of Florida. B. The provisions of Division 3.3, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 in effect prior to the issuance of a building permit or other development order. C. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and the methodology for providing perpetual maintenance of common facilities. 2.5 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in Section 2.7.3.5 of the Land Development Code. 5 No NOV 11 4�J2C "0 °a.— l- - - - --- SECTION III COMMERCIAL AREAS PLAN 3.1 PURPOSE The purpose of this Section is to identify specific development standards for the commercial areas as shown on Exhibit "A ", PUD Master Plan. 3.2 GENERAL DESCRIPTION Commercial areas designated on the PUD Master Plan are intended to provide both retail and office uses with a common architectural theme in a rural -type setting. Floor area for these uses shall not exceed 42,000 square feet. 3.3 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: (1) Apparel and accessory stores (groups 5611 - 5661). (2) Automobile supply stores (group 5531 but only the sale of new auto supplies and no on -site installation). (3) Business services (groups 7311, 7334 - 7336, 7377, 7378, 7384). (4) Child day care services (group 8351). (5) Depository institutions (groups 6021- 6062). (6) Eating places (group 5812 except for fast food restaurants and restaurants with a drive - through. This shall not preclude cafes, dairy bars, ice cream stands, pizzerias, sandwich shops, soda fountains, and submarine shops). (7) Engineering, accounting, and bookkeeping services (groups 8713, 8721). (8) Food stores (groups 5411 excluding convenience stores, 5421 - 5499). 6 1 NOV 14 2000 Pg. __wQ___ (9) General merchandise stores (group 5399). (10) Hardware and garden supplies (groups 5231 - 5261). (11) Health services (groups 8011 - 8049). (12) Home furniture, furnishings and equipment stores (groups 5714, 5719, 5734, 5735). (13) Insurance carriers, agents, and brokers (groups 6311 - 6399, 6411). (14) Legal services (group 8111). (15) Miscellaneous retail (groups 5912, 5941 - 5948, 5992). (16) Motion pictures (groups 7832 but only in conjunction with a sit - down restaurant and 7841). (17) Personal services (groups 7212, 7221 - 7251, 7291). (18) Physical fitness facilities (group 7991). (19) Real estate (group 6531). (20) United States Postal Service (group 4311 except major distribution center). (21) Veterinary services (group 0742 for household pets only and no outside kenneling or overnight boarding). (22) Any other commercial use or professional service, which is comparable in nature with the foregoing uses. B. Accessory Uses: Uses and structures that are accessory and incidental to the Permitted Uses within this PUD Document. 3.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: 7 NOV 14 2000 7 =4 Ten thousand (10,000) square feet. B. Minimum Lot Width: One hundred (100) feet. C. Minimum Yards: (1) Principal structures: (a) Front Yard - Twenty-five (25) feet. (b) Side Yard - Fifteen (15) feet. (c) Rear Yard - Fifteen (15) feet. (2) Accessory Structures: Setbacks shall be as required by Division 2.6.2 of the Land Development Code in effect at time of building permit application. D. Minimum Distance Between Principal Structures: Fifteen (15) feet. E. Minimum Floor Area: Seven hundred (700) square feet for the principal structure on the first habitable floor. F. Maximum Height: Thirty-five (35) feet and one (1) -story. G. Off - Street Parkinq and Loading Requirements: As required by Division 2.3 of the Land Development Code in effect at the time of building permit application. H. Open Space Requirements: (1) A minimum of thirty (30) percent open space of the 6.43 acres remaining after subtracting land that is within the Golden Gate Boulevard and Wilson Boulevard rights -of -way shall be devoted to L NOV 14 2000 Pg. 6 open space, as described in Section 2.2.20.3.5 of the Land Development Code. (2) A minimum of fifteen (15) percent of the 6.43 acres remaining after subtracting land that is within the Golden Gate Boulevard and Wilson Boulevard rights -of -way shall be devoted to natural habitat preserve area, as described in Section 3.9.5.5.4 of the Land Development Code. Bufferina Requirements: (1) A twenty -five (25) -foot wide buffer shall be provided along both Golden Gate Boulevard and Wilson Boulevard, with the landscaping as required in Section 2.4.7.4 of the Collier County Land Development Code. (2) A seventy -five (75) -foot wide buffer of retained native vegetation shall be provided along the eastern and southern property boundaries, where no water management and /or parking facilities shall be located. J. Signs: L. N. Signs shall be permitted as described in Section 2.5 of the Collier County Land Development Code. Solid Waste: Trash receptacles shall be screened on three (3) sides by a six (6) to eight (8) foot high opaque masonry wall or fence with an opaque gate on the remaining side for access. Li htin : Pole lighting shall be limited to a maximum height of thirty-five (35) feet and designed so that glare does not extend off -site onto residential properties or onto rights -of -way. Architectural Buildino Design: (1) The Project shall meet all applicable standards of Division 2.8 Architectural and Site Design Standards and Guidelines for Commercial Buildings and Projects. 9 I N&-� NOV 14 2000 l_ (2) All building exteriors shall be designed in a rural -type fashion. O. Common Architectural Theme: All lighting, signage, landscaping and visible architectural infrastructure shall be similar in design throughout the site and have a rural -type appearance. P. Time Limitations for the Main Multi- Tenant Retail and Office Buildin4(s) The main multi- tenant retail and office building(s) shall be limited in hours open to the public from 6:00 A.M. to 10:00 P.M. for Sundays through Thursdays and from 6:00 A.M. to 11:00 P.M. for Fridays and Saturdays. This shall not apply during Collier County designated "Hurricane Warnings" or to drugstores. 10 1 MM NOV 1 4 2000 Pg.1IrA SECTION IV DEVELOPMENT COMMITMENTS 4.1 PURPOSE The purpose of this Section is to set forth the regulations for the development of this Project. 4.2 GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the official County Land Development Code shall apply to this Project even if the land within the PUD is not to be platted. The Developer, his successor and assigns, shall be responsible for the commitments outlined in this document. The Developer, his successor or assignee, shall follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee in title shall be subject to any commitments within this agreement. 4.3 PUD MASTER PLAN A. Exhibit "A', PUD Master Plan illustrates the proposed development and is conceptual in nature except that applicant shall be committed to the Natural Habitat Preserve Areas as shown on the PUD Master Plan. Proposed area, lot or land use boundaries, or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as Final Platting or Site Development Plan approval. Subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the Project. 11 NOV 14 2000 P¢. ,�r'3 4.4 SCHEDULE OF DEVELOPMENT /MONITORING REPORT 4.5 A Site Development Plan shall be submitted per County regulations in effect at time of site plan submittal. The Project is expected to be developed in one (1) or two (2) phases. A. The landowners shall proceed and be governed according to the time limits pursuant to Section 2.7.3.4 of the Land Development Code. B. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. A. Except as otherwise provided within this PUD Document, this Project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. B. If the property is subdivided into three (3) or more parcels, a plat shall be required. 4.6 PLANNING A. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 4.7 ENVIRONMENTAL A. Pursuant to Section 3.9.6.6.5 of the Land Development Code, the petitioner shall implement an exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the subject property. This maintenance plan shall be implemented on a yearly basis at a minimum. 4.8 UTILITIES A. Since the project site is not presently serviced with centrally provided water and sewer, the project shall utilize well and septic systems until central water and sewer are available. 12 NOV 1 4 2000 Pa. ,%y 4.9 TRANSPORTATION A. Work with the Collier County rights -of -way shall meet the requirements of Collier County Right -of -Way Ordinance No. 93 -64. B. The final project access locations and turn lanes shall be approved at the time of site development plan approval. C. All traffic control devices used shall conform to the Manual on Uniform Traffic Control Devices, as required by Chapter 316.0745, Florida Statutes. 13 11i NOV 14 2000 Pg. X6, < m < m a � n m n a N \ m o z C N .Z, C o a zz m Z d m e m Z e �+ V MN BLVD taD' RIV a yLSTL'RLY PPRR6CRYLD{ TRACT 17 i ! i V R � / C3 x. • Bur 3 £ g Nz n z Z D le m / r CZ, 75, 1 I G I I��rl I rrl I I \ N a O z NATURAL NADITAT AREA t o VI VITN TYPE 'B' SCREfNING m Q a Sa9'l4ll'V. flflRa' aR Zyl < m c.a 14 �z £! ! oz =L m z b n � m cz.t tip" .,a '.Q�Q 8a a� ia X0 ° Q s{-. •a$� E H3 RL, I Npo � n S f'1 >• H H ^ 5 L S AGENDA a 3 ° § E OkNHON61fmP. l�.el avm lv rrmorx M� ; c , y q n 10 NOV 1 4 N � e V 0 EXECUTIVE SUMMARY PETITION PUD- 99 -20, REPRESENTING BRYNWOOD PRESERVE, INC., REQUESTING A REZONE FROM "A" AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS BRYNWOOD PRESERVE PUD ALLOWING FOR 160 MIXED RESIDENTIAL DWELLING UNITS FOR PROPERTY LOCATED ON THE EAST SIDE OF LIVINGSTON ROAD (C.R.881) AND APPROXIMATELY ONE QUARTER MILE SOUTH OF PINE RIDGE ROAD (C.R. 896), IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 29.26 ACRES MORE OR LESS. OBJECTIVE: To have the Board of County Commissioners render a decision regarding an application to rezone 29.26 acres from "A" Agricultural to "PUD" permitting 160 residential dwelling units. CONSIDERATIONS: The subject PUD is a planned residential development that is designed around a central lake. The residential lands are comprised of a singular 20.46 -acre tract of development supporting a mix of residential dwelling types and recreational amenities. The list of permitted uses and structures includes single - family, two - family and multi - family dwellings. If approved, the development plan will allow a maximum of 160 dwelling units with a density of 5.47 units per acre. The Master Plan provides open space that includes 4.15 acres of preserve /conservation, a 4.79 -acre lake, landscaping and buffering totaling the minimum required 60 percent open space for residential PUDs. In addition, the Master Plan provides for a recreational area on the north side of the entrance road and a second recreational area is designated at the eastern third of the project. Lastly, an interconnection of internal vehicular access is provided to the property to the north. The subject site is located within the Urban-Mixed Use District, Urban Residential Subdistrict and within the Residential Density Band around the I -75 and Pine Ridge Road Activity Center as designated in the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). Properties within one (1) mile of an Activity Center are eligible to receive three (3) additional units per acre. The FLUE permits residential dwellings such as those units provided in the Brynwood Preserve PUD. The project density is consistent with the density rating system contained in the Future Land Use Element and is based on the following relationship as noted below: Base Density Activity Center Density Band Maximum Permitted Density r +4 dwelling units per acre +3 dwelling units per acre +7 dwelling units per acre E No NOV 14 2000 pg.. The PUD Document indicates that the project is intended for 160 residential dwelling units that result in a density of 5.47 units per acre. This proposed density is 1.53 units per acre less than the maximum of 7 dwelling units per acre the project is eligible to receive as noted above. As a result, staff is of the opinion that the requested density of 5.47 units per acre is consistent with the Density Rating System of the Growth Management Plan. With respect to the matter of compatibility, this is an evaluation whose primary focus is similarity of land use and not necessarily just a density issue. To improve the relationship with adjacent land uses, the location of future dwelling units are proposed to be integrated around the water management lakes and landscape buffers as depicted on the PUD Master Plan. The petitioner's stated intent is to primarily construct single family dwellings with a maximum height of 2- storics and 35 -feet. The PUD document also permits multi - family and two - family dwelling types with a maximum height of 35 feet. The single - family front yard setback is 20 feet and the rear yard setback is 15 feet. The side yard setback is proposed to be 5 -feet which is the same as the approved Whippoorwill Lakes and the Whippoorwill Woods PUD in the project area. However, the Planning Commission has proposed a minimum side yard setback standard of 6 feet (1 -story) and 7.5 feet for two stories. As noted above, the PUD development strategy is one that would allow for a mix of dwelling types such as: single family, two family and multi - family dwelling structure types. Development standards relative to each housing structure type are generally consistent with the standards for conventional residential zoning districts and with the adjacent PUD zoning districts. Staff is of the opinion that a density bonus of 1.47 units per acre is compatible with the adjacent properties that includes the commercial property to the northeast. Furthermore, the application of PUD development standards and architectural theme requirements should remove any perception that there are any incompatibilities in dwelling types with adjacent land areas. The Traffic Impact Study (TIS) indicates that the project will generate approximately 970 weekday trips at build -out in the year 2003. Based on staff's analysis of the applicant's TIS, the project trips will not exceed the significance test (5 percent of the LOS "C" design roadway volume) on Livingston Road and on Pine Ridge Road at the project build -out. As a result, this petition is consistent with Policy 5.1 and 5.2 of the Transportation Element. It should be noted that Pine Ridge Road is currently operating at LOS "F ". Since this road segment is currently being improved to 6 -lanes, this segment should operate at acceptable level of service at the build -out of the project in 2003. Therefore, this petition is consistent with Policies 1.3 and 1.4, of the Transportation Element. Lastly, Policy 9.3 of this Element encourages the interconnection of local streets between developments when feasible. Since the project abuts a proposed commercial development to the north (via a Growth Management Plan Amendment), an interconnection appears to be feasible when approved. It should be noted that one person spoke during the Planning Commission meeting requesting clarification of the landscaping buffer along the western property line. The applicant stated that the existing native vegetation will be retained to the greatest extent possible and that a Type "A" Buffer as defined in the Land Development Code will be installed first along the line. The petitioner also agreed to designate a single - family residential tract along the western property line on the Master Plan. 2 No. NOV 1 44200 -0 Pg. -7._ FISCAL IMPACT: This PUD by and of itself will have no fiscal impact on the County. However, if this request meets its objective, a portion of the existing land will be further developed. The mere fact that new development has been approved will result in future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. The following impact fees will be applicable to this project: • Park Impact Fee: • Library Impact Fee: • Fire Impact Fee: • School Impact Fee: • Road Impact Fee: • Correctional Facilities • Radon Impact Fee: • EMS Impact Fee: • Building Code Adm.: • Micro Film Surcharge: $578.00 per unit $180.52 per unit $0.15 per square feet of building $827 per unit $890 per unit $117.98 per unit $0.005 per square foot of building $2 per unit $0.005 per square foot of building $1.50 per unit For an average unit size of 1,000 square feet, the total fiscal impact will be $2,757 per unit. Since this project proposes 160 units, the total amount of residential impact fees collected at build -out will total $441,120. It should be noted that because impact fees vary by housing type and because this approval does not provide this level of specificity as to the actual type of use, the total impact fee quoted above is at best a raw estimate. Additionally, there is no guarantee that the project at build -out will have maximized their authorized level of development. Other fees will include building permit review fees and utility fees associated with connecting to the County's sewer and water system. Building permit fees and utility fees have traditionally offset the cost of administering the community development review process, whereas utility fees are used on their proportionate share of impact to the County system. Finally additional revenue is generated by application of ad valorem tax rates. The revenue that will be generated depends on the value of the improvements. It should be appreciated that not withstanding the fiscal impact relationship, development takes place in an environment of concurrency management. When level of service requirements fall below adopted standards, a mechanism is in place to bring about a cessation of building activities. Certain LOS standards apply countywide and would therefore bring about a countywide concurrency determination versus roads that may have local geographic concurrency implications. AGENDA ITEM NO. gZC-A 3 I NOV 14 2000 Pg. " Y GROWTH MANAGEMENT IMPACT: The subject property is designated Urban-Mixed Use, Urban Residential Sub - district on the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). This designation is to provide for higher densities in areas with fewer natural resource constraints and where existing and planned public facilities are concentrated. Since the subject site is also located within a density band as designated on the Future Land Use Map, the project is eligible to receive 3 additional dwelling units per acre for a total eligible density of 7 units per acre. Therefore, this proposed PUD is consistent with the GMP. It should be noted that this rezone petition does nothing to impact any consistency relationship with the GMP. Petitions deemed to be consistent with all provisions of the Growth Management Plan (GMP) can not have an adverse impact on the GMP. This petition was reviewed for consistency and was found to be consistent with all the applicable provisions of the GMP. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.1 and 3.15 of the Collier County Land Development Code. ENVIRONMENTAL ISSUES: The project site has is an undeveloped parcel vegetated with pine flatwoods, cypress and cypress -pine cabbage palm. Natural ground elevation on site range from 9.4 to 10.5 feet NGVD, according to the spot elevations provided in the Environmental Impact Statement (EIS). The subject property contains _ 25.2 acres of viable native vegetation of which 6.3 acres is required to be retained and/or replanted on site. A total of 4.15 acres of native vegetation have been identified as preserve areas. The remaining 2.15 acres of native vegetation will be provided in the open space and buffers within the project. PLANNING SERVICES STAFF RECOMMENDATION: Planning Services Staff has referred this petition to all appropriate County Agencies for their review and recommendation. Based upon their analysis, staff recommends approval of Petition PUD -99 -20 subject to the conditions of approval as described the PUD document and attached to the Ordinance of Adoption and Exhibits made a part of this executive summary. This includes a requirement to provide a vehicular roadway interconnection to the adjacent properties to the north. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The Environmental staff has developed conditions of approval that have been incorporated into the PUD document. The Environmental Advisory Commission (EAC) also reviewed this petition on September 6, 2000 and noted that a SFWMD surface Water Management Permit must be obtained prior to SDP approval. During this meeting, concern was raised that the petitioner had not d6ne enough to preserve the wetlands on site. A total of 26 acres SFWMD jurisdictional wetlands occurs` on site of which 23 acres will be permanently impacted. As compensation, 150 -acres of wetlands adjacent to Corkscrew Regional Ecosystem Watershed (CREW) lands will be donated to the SFWMD. The EAC vote of 4 to 1 recommending denial of this petition did not receive the required five (5) votes to pass. AS n result the FA(' maAe nn nffirial rernmmrn/iatinn rnnrrmina tl,;c noti tine AGENDA ITEM N0. NOV 1 4 2000 9 P=-___!Z_ PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) heard this petition on September 21, 2000. They unanimously voted (7 to 0) to forward this petition to the Board of County Commissioners (BCC) with a recommendation of approval subject to revising the side yard setback for single family dwellings from 5 feet to 6 feet for a one story unit. On a two -story dwelling, the side yard setback is recommended to be increased to 7.5 feet. Their approval includes staff stipulations as contained in the PUD document. It should be noted that staff has not received any correspondence objecting to this petition. However, since the Environmental Advisory Council did not have enough votes to make an official motion, this petition could not be placed on the Summary Agenda. PREPARED BY: RAY IWLLLO ,WPS, PRINCIPAL PLANNER DATE CURRENT PLANNING SECTION �Lo ,, �51 RONALD F. INO, AICP, MANAGER DATE CURRENT PLANNING SECTION ROBERT J. MULHERE, AICP, DIRECTOR DATE PLANNING SERVICES DEPARTMENT APPROVED BY: ` � 1 R ! E JO" M. DUNNUCK III, INTERIM ADMINISTRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. PUD- 00 -20 /EX SUMMARY/RVB /rb AGENDA/ ITEM IJJ Na. NOV 14 2000 P9. S 0 MEMORANDUM ): COLLIER COUNTY PLANNING COMMISSION AOM: COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES 1TE: SEPTEMBER 6, 2000 PETITION NO: PUD- 99 -20, BRYNWOOD PRESERV PUD W NER/AGENT: Agent: William L. Hoover Hoover Planning 3785 Airport Road, Sms B Naples, Florida 34105 Owners: Davis S. Braverman, President Brynwood Preserve, Inc. 1454 Rail Head Boulevard Naples, Florida 34110 REOUESTED ACTION: To have the herein described land rezoned from its current zoning classification of "A" Rural Agricultural to "PUD" Planned Unit Development district to be known as the Brynwood Preserve PUD. EOGRAPHIC LOCATION: I e property is located on the east side of Livingston Road (C.R. 881) and approximately one quan:•r mile ntth of Pine Ridge Road in Section 18, Township 49S; Range 25E. (See location map following pag URPOSE/DESCRIPTION OF PRO ,','CT: ae proposed 29 26 -acre Brynwood I �rve PUD is a planned residential development that is igned ound a central ake. The residential t.mds are comprised of a singular 20.46 -acre tract of de, )ment upporting a mix of residential dwelling types and recreational amenities. The list of permitted s and ,tructures includes single - family, two - family and multi - family dwellings. If approved, the develops plan will allow the following: 1. A maximum of 160 dwelling units with a density of 5.47 units per acre. 2. Open space that includes 4.15 acres of preserve /conservation, a 4.79 -acre lake, landscaping and t totaling the minimum required 60 percent open space for residential PUDs. 3. cess point to the project is provided from the Livingston Road when constructed. 4. Master Plan provides for a recreational area on the north side of the entrance road and a I ational area is designated at the eastern third of the project. A W 1 N` ering cond 4DA ITEM AQ ! 4 2000 6_ .Nom , 7 V jke aRA f� v aa F2 _gaRx w F a i g r� mnrarn. wren R run. € ps R BA = EF R W 00 ��aap u - anmr 4 S 8� ! i ■ _ _ _ — _ _ ____________ MY0W.11 ____ __ _ OM1Y �• n1O 0r0Y MIIR'IWI ' i = � s ■ ■ ■ j .. ............... ..............................— .Nom , 7 f W Z V O J FJ ,A Of V jke aRA f� v aa F2 _gaRx w F a i g r� mnrarn. wren R run. € ps R BA = EF R W 00 ��aap u - anmr 4 S 8� ! i 4B89a _ _ _ — _ _ ____________ MY0W.11 ____ __ _ OM1Y �• n1O 0r0Y MIIR'IWI ' i = j f W Z V O J FJ ,A Of 3 1 _� _ T Pg ;_ U vworm Pov �c a� 3pW00p'TSe?VE a I ( "A' ultuM Z�.o.� �. mimmwN1 aLL re jp e ' �C f q! �a!! R� D4 kp I A A -I � rsa a ap i :s R I a I =■r�i, ��Q♦ `gym _ �WRA�N�IN01 RIB: F Il R o II — } P1 t 78 AGENDA ITEM NORTH NOV 1 '4 2000 1 _� _ T Pg ;_ U vworm Pov �c a� 3pW00p'TSe?VE a I ( "A' ultuM Z�.o.� �. mimmwN1 aLL re F Il R o II — } P1 t 78 AGENDA ITEM NORTH NOV 1 '4 2000 Pg n�nr vi.AU+M�naswrez n cary ere � U vworm Pov �c a� 3pW00p'TSe?VE a I ( "A' ultuM Z�.o.� �. mimmwN1 aLL re e ' �C SURROUNDING LAND USE AND ZONING: Existing: The entire 29 -acre site is zoned "A" Agricultural and is currently undeveloped. C Surrounding: North - To the north lies the John Ebert's Golf Learning Center that was permitted via conditional use on Agricultural -Zoned land. To the northeast is vacant Agricultural - Zoned Land. East - To the northeast is the Pine Ridge Center West PUD that is currently undeveloped but approved for commercial land uses. The lands to the east of this PUD are zoned RMF -6, RSF -5, and Agriculture. The ingress /egress for these parcels is via Whippoorwill Lane. South - On the south side of the subject site are 5 individual parcels that are each 2 -acres in size and are zoned Agriculture. West- To the west across Livingston Road is the developed Kensington PUD that permits 570 units and an 18 -hole golf course on 370 acres. This results in a density of 3.36 units per acre. To the northwest is the Related Group PUD (La Costa) that has been developed with 276 apartments at a density of 6.99 units per acre. GROWTH MANAGEMENT PLAN CONSISTENCY: The subject 29.26 acre site is located within the Urban -Mixed Use District, Urban Residential Subdistrict and within the Residential Density Band around the I -75 and Pine Ridge Road Activity Center as designated in the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). FLUE and Density — Properties within one (1) mile of an Activity Center are eligible to receive three (3) additional units per acre. The GMP indicates that the intent behind providing a density bonus is to encourage development of these urban parcels and to take advantage of existing public facilities and utilities available to the area. This should also discourage development outside existing urban areas and into rural areas of the county. The FLUE permits residential dwellings such as those units provided in the Brynwood 2 The project density shall also be consistent with the density rating system contained in the Future Land Use Element and is based on the following relationship as noted below: Base Density Activity Center Density Band Maximum Permitted Density +4 dwelling units per acre +3 dwelling units per acre +7 dwelling units per acre The PUD Document indicates that the project is intended for 160 residential dwelling units that result in a density of 5.47 units per acre. This proposed density is 1.53 units per acre less than the maximum of 7 dwelling units per acre the project is eligible to receive as noted above. As a result, staff is of the opinion that the requested density of 5.47 units per acre is consistent with the Density Rating System of the Growth Management Plan. Transportation Element: The Traffic Impact Study (TIS) indicates that the proposed project will generate approximately 970 weekday trips at build -out that is projected to be in the year 2003. Based on staff s analysis of the applicant's TIS, the project trips will not exceed the significance test (5 percent of the LOS "C" desien roadway volume) on Livingston Road and on Pine Ridge Road at the project build -out. As a result, this petition is consistent with Policy 5.1 and 5.2 of the Transportation Element. In addition, Pine Ridge Road (CR -896) is currently a 4 lane arterial road east of Airport Road with LOS "E" as its minimum standard. The current traffic count for this segment is 39,580 and is operating at LOS "F ". (See Map Below) Since the proposed improvement to a 6 -lane facility is currently under construction, this road segment should operate at acceptable level of service at the build -out of the project in 2003. Therefore, this petition is consistent with Policies 1.3 and 1.4, of the Transportation Element. Lastly, Policy 9.3 of this Element encourages the interconnection of local streets between developments when feasible. Since the project abuts a proposed commercial development to the north (via a Growth Management Plan Amendment), an interconnection appears to be feasible when approved. NOV ' 4 2000 Pg. _L_ Conservation and Open Space - The PUD document indicates that a combination landscape, lakes, water management areas, and qualifying open space areas exceeds sixty (60) percent of the gross land area. The PUD will also achieve native vegetation preservation or re- vegetation requirements of the LDC and by re- vegetation of native species, therefore the Conservation and Open Space elements of the GMP will be achieved by the PUD development strategy. Utilities and Water Mana eg ment - Development of the land will proceed on the bases of connection to the County's sewer and water distribution system. These facilities are to be designed, constructed, conveyed, owned and maintained in accordance with the Collier County Ordinance Number 88 -76. Water management facilities will be constructed to meet County Ordinances and these will be reviewed and approved as a function of obtaining subsequent development order approvals. The above - prescribed course of action makes this petition consistent with this element of the GMP. HISTORIC /ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical /Archaeological Survey and Assessment is required. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. EVALUATION FOR ENVIRONMENTAL TRANSPORTATION AND INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This primarily includes a review by the Community Development Environmental and Engineering staff, along with the Transportation Department. The Engineering Staff has recommended that the petitioner revise internal road section on the Master Plan to provide an internal sidewalk & bike path out to Livingston Road, which will have both. The Environmental Impact Statement (EIS) indicates that the site contains habitat suitable for numerous species of plants and wildlife. The Environmental staff has developed conditions of approval that have been incorporated into the PUD document. The Environmental Advisory Commission (EAC) also reviewed this petition on September 6, 2000. During this meeting, a concern was raised that the petitioner had not done enough to preserve the wetlands on site. As a result, they voted 4 to 1 to recommend denial of this petition. Since this motion did not receive the required five votes to pass, the EAC made no official recommendation concerning this petition. Lastly, the Transportation Department has requested that the streets within the development be private. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impact of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that overview. The listed criteria are specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation of approval or denial by the Planning Commission to the BCC. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are categorized as either pro or con, whichever the case may be, in the opinion of staff. The review of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non - compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report. Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision- makers. AGENDA ITEM Na 4 1 NOV ` 4 2000 pg. ZZ The evaluation by professional staff should typically include an analysis of the petition's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County GMP in all of its related elements (See Exhibit "A" and Exhibit °B "). Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses, a consideration usually dealt with as a facet of analyzing the relationship of the rezoning action to the long range plan for future land uses. This evaluation includes an analysis of past zoning actions in the project area. In addition, the Board Of County Commissioners has reviewed similar rezone requests within "Density Bands" where there is an opportunity to approve a range of up to a three (3) additional dwelling units per acre when deemed appropriate. The added density is primarily dependent upon the project's compatibility with adjacent land uses and the adequacy of infrastructure to support the additional units. Notwithstanding the above, staff in reviewing the determinants for adequate findings to support a rezoning action advise as follows: Relationship to Future Land Uses - A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the FLUE of the GMP. In the case at hand, and based upon the Future Land Use Plan, we have an expectation that the subject site and adjacent land will be used for urban residential purposes, and in fact the subject property is near existing residential lands to the south, east and west. The PUD Master Plan illustrates a development permitting 160 dwelling units on the subject 29 -acre site. The resulting project density of 5.47 units per acre is 1.53 units per acre less than the possible eligible density of 7 units per acre. Therefore, the proposed project density is consistent with the FLUE. Relationship to Existine Land Uses: The surrounding densities of the adjacent developments are as follows: To the south are pre- existing agricultural lands that are approved at one unit on 2 -acre parcels while the base density permitted by the FLUE is 4 units per acre. To the west is the developed Kensington PUD that permits a total of 570 dwelling units on 370 acres. This results in a density of 1.54 units per acre. However, if the golf course were excluded from the density calculation, the resulting density would be 3.88 units per acre. To the north lies a golf driving range and vacant agriculture land that qualify for commercial uses via the Office and In -Fill Commercial Subdistrict of the GMP. Based on the intensity and densities of the surroundine developments staff is of the opinion that the subject PUD should receive a density bonus of 1.47 units per acre to allow a total of 5.47 units per acre and a maximum of 160 units. With respect to the matter of compatibility, this is an evaluation whose primary focus is similarity of land use and not necessarily just a density issue. To improve the relationship with adjacent land uses, the location of future dwelling units are proposed to be integrated around the water management lakes and landscape buffers as depicted on the PUD Master Plan. The petitioner's stated intent is to primarily construct multi - family condominium dwellings with a maximum height of 2- stories and 35 -feet. The PUD document also permits single family detached and duplex, development standards with a maximum height of 35 feet. Since the properties to the south and east are developed with single family dwellings, the PUD limits the maximum height to 2- stories. The PUD document also requires a rear yard setback of 15 feet for any principal structure and 10 feet for accessory structures. The PUD also requires a 15 feet separation between structures or half the sum of the building heights whichever is greater. It should be noted that the PUD development strategy is one that would allow for a mix of dwelling types such as: single family, two family and multi - family dwelling housing structure types. Development standards relative to each housing structure type are generally consistent with the standards for conventional residential zoning districts and with the adjacent PUD zoning districts. Staff is of the opinion that a density bonus of 1.47 units per acre is compatible with the adjacent properties that includes the commercial property to the northeast. Furthermore, the application of PUD development standards and architectural theme requirements should remove any perception that there are any incompatibilities in dwelling types with adjacent land areas. AGENDA ITEM NO, NOV 1 4 2000 pg.— –_ ` PREPARED BY: 9 6 Oo RAY dLLOWS, PRINCIPAL PLANNER DATE CURRENT PLANNING SECTION 9-7ob RONALD F. N O, AICP, MANAGER DATE CURRENT PLANNING SECTION ROBERT I. MULHERE, AICP, DIRECTOR DATE PLANNING SERVICES DEPARTMENT A D BY: V CENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. Petition Number PUD -99 -20 or Staff Report for September 21, 2000 CCPC meeting. COLLZAPIJ1111�1 OUNT)' PLANNING COMMISSION: RUS SELL A. BUDD, CHAIRMAN PUD- 99 -20/ STAFF REPORT/RVB /rb NOV 14 2200_0 Pg. 1;L Traffic Circulation — Planning Services Staff recognizes the current deficiencies that exist on the County's arterial road system that will be further impacted by this and other developments in the immediate area of Pine Ridge Road. Nevertheless, required improvements imposed on this and other developments should positively contribute to easing the burden of traffic impacts. This will be accomplished by a proposed connection of Whippoorwill Lane to Livingston Road to the south, which is intended as a public urban collector road. This connection of roads will lessen the amount of traffic using the Livingston Road/Pine Ridge Road intersection. It should be noted that that the current deficiency conditions on Pine Ridge Road will not be corrected by this improvement. This project by itself does not exceed the threshold on impact that supports a decision to deny or phase development even though the aggregate projects proposed in this area will have a significant impact on Pine Ridge Road. However, this project can't commence construction until Livingston Road is constructed from Pine Ridge Road to Golden Gate Parkway in 2001 while Pine Ridge Road is currently under construction to be improved to a 6 -lane facility by 2001. Furthermore, staff has stipulated that an interconnection of local streets'5etween this project and the property to the north. The intent is to facilitate the convenient movement of traffic throughout the local road network. Utility Infrastructure - Both a public sanitary sewer and municipal water supplies are available to the property and will be extended as a consequence of future platting. All development must comply with surface water management requirements invoked at the time of subdividing or SDP approval. Community Infrastructure and Services - The subject property is readily accessible to a whole range of community infrastructure that is enhanced by its interface with Pine Ridge Road. Shopping centers, and medical offices of various specialties are all within a short driving distance. Regarding the matter of timing, it should be appreciated that urban commercial development has been approved within the I- 75/Pine Ridge Road Activity Center. After considering the availability of community infrastructure and services it is clear that the development of the subject property is timely and consistent with the GMP. PUD Document/Master Plan - The PUD document is modeled after a County Planning Services Model PUD Document in terms of format, general provisions covering references to GMP and LDC, format for addressing land uses and development standards and development commitments. The PUD also contains all of the recommendations of reviewing staff. The development standards regulating the placement of residential structures both for individual lots and clustered development are similar to the standards commonly employed in other PUD's, that by actual development practice has produced aesthetically pleasing communities. The PUD Master Plan is designed around a primary access point onto Livingston Road To improve the relationship with adjacent land uses, the location of future dwelling units have been integrated around a lake and landscape buffers as depicted on the Master Plan. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPQ recommend approval of Petition PUD -99 -20 subject to the developer providing an access agreement with the adjacent property to the north along with the other conditions of approval that have been incorporated in the PUD document and as otherwise described by the Ordinance of Adoption and Exhibits thereto. 6 NOV 1 4 2000 Pa. /,S FINDINGS FOR PUD PUD -99 -20 Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' compliance with the following criteria: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Pro: (i) Intensifying land development patterns produces economics of scale relative to public utilities, facilities and services, which are currently available in this area. (ii) Development of land that is located on an arterial road, is within a density band and near an Activity Center approved for commercial uses is particularly suitable for multi - family uses. Con: (i) Existing neighboring residents often perceive new development as an intensification near their existing neighborhood as contributing factors to inconveniencing traffic movements to and from their place of residence, increasing noise and pollution, and reducing property values. Finding: Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the PUD document give assurance that all infrastructure will be developed and be consistent with County regulations. Any inadequacies that require supplementing the PUD document will be recommended to the Board of County Commissioners as conditions of approval by staff. Recommended mitigation measures will assure compliance with Level of Service relationships as prescribed by the Growth Management Plan. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Pro /Con: Evaluation not applicable. Findine: Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. Exhibit "A" 1 NOV 14 2000 Pg. /_ 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan (GMP). Pro: (i) The development strategy for the subject property is entirely consistent with the goals, objectives and policies of the GMP. Con: None. Finding: The subject petition has been found consistent with the goals, objectives and policies of the GMP. A review of consistency relationships with elements of the GMP is as follows: The subject PUD proposes to allow residential uses at a density of 7 units per acre that is consistent with the Future Land Use Element (FLUE) of the GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Pro: (i) The PUD has been designed to provide similar development standards as the approved PUD developments in the area. In addition, landscaping and buffering has been provided to buffer the adjacent residential tracts. (ii) The proposed development will serve as a transition from the commercial land uses to the northeast with the residential uses to the south. Con: None. Finding: The PUD Master Plan has been designed to optimize internal land use relationship through the use of various forms of open space separation. External relationships are automatically regulated by the Land Development Code to assure harmonious relationships between projects. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. Pro /Con: Evaluation not applicable. Summary Finding: The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Pro /Con: Evaluation not applicable. 2 NOV 14 2000 Summary Finding: Timing or sequence of development in light of concurrency requirements automatically triggers the mechanism for ensuring that further LOS degradation is not allowed or the LOS deficiency is corrected. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Pro: This petition seeks to extend the existing residential zoning that is adjacent to the site to the south. Since the subject site is located within a density band, this project is eligible to receive a density bonus of 3 units per acre. In addition, this project will not adversely impact any adopted level of service standard. Con: None. Summary Finding: Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. This assessment is described at length in the staff report adopted by the CCPC. Relative to this petition, development of the subject property is timely, because supporting infrastructure is available. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Pro /Con: Evaluation not applicable. Summary Finding: This finding essentially requires an evaluation of the extent to which development standards proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards. FINDINGS FOR PUD- 99- 20 /RVB /rb 3 NOV 14 2000 Pg. REZONE FINDINGS PETITION PUD -99 -20 Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives & policies of the Future Land Use Map and the elements of the Growth Management Plan. Pro: i. The subject property is located within the Mixed Use Urban Residential District on the FLUE of the Growth Management Plan. ii. Development Orders deemed consistent with all applicable elements of the FLUE of the GMP should be considered a positive relationship. Con: None Summary Findings: The proposed development is in compliance with the Future Land Use Element of the Growth Management Plan. The density permitted within this PUD is consistent with the Density Rating System contained in the Growth Management Plan. 2. The existing land use pattern; Pro /Con: Evaluation not applicable. (a more detailed study is contained in the staff report.) Summary Findings: The site is located within a density band. The adjacent uses include golf driving range to the north. The PUD also serves as a transition with the approved commercial uses to the northeast with the residential uses to the south. The property to the west across Livingston Road is an existing mixed residential development that is zoned Kensington PUD. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro: The subject site is of sufficient size (29 acres) and is located within a density band and an Activity Center. In addition, the site is adjacent to an existing residential development. EXHIBIT `B" 1 1 NOV 14 2000 Pg. Con: None. Summary Findings: The parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. It is also consistent with expected land uses by virtue of its consistency with the FLUE. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro: The district boundaries are logically drawn and they are consistent with the FLUE of the GMP. Con: None. Summary Findings: The boundaries are logically drawn by virtue that the subject PUD provides an extension of the existing residential land to the south. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro: The proposed zoning change is appropriate based on the approved residential land uses to the south and because of the subject PUD's relationship to the GMP is a positive one. Con: None. Summary Findings: Consistent with the FLUE and Growth Management Plan. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: (i) Recommended mitigation actions (i.e. landscaping) made a condition of approval will go a long way towards offsetting any potential adverse influences on the residential subdivision to the east of the project. Con: (i) The location of the subject site could cause increased noise and traffic impacts on the nearby residences. However, due to the proposed landscape and buffer areas, the proposed PUD should not adversely impact the adjacent properties. Summary Findings: The proposed PUD will not adversely influence living conditions in the neighborhood because the recommended development standards and other conditions for approval have been promulgated and designed to ensure the least amount of adverse impact on adjacent and nearby developments. Recommended mitigation actions should serve to ameliorate impact on the adjacent residential area. Thi me AI limiting the density to 5 units per acre. No�� 2 1 NOV 14 2000 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Pro: (i) An action to rezone the property as requested is consistent with the traffic circulation element. (ii) The property fronts directly on a public road thereby providing access to the arterial road network over which traffic from this development will draw and defuse traffic. Con: (i) As urban intensification increases, there is some loss of comfort and ease of travel to the motoring public. However, by law this degree of discomfort is regulated by concurrency requirements as adopted in the Growth Management Plan. (ii) In the short run construction traffic made necessary for development may be irritating to local residents. Summary Findings: Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Traffic Element of the GMP and was found consistent, a statement advising that this project when developed will not excessively increase traffic congestion. Additionally certain traffic management system improvements are required as a condition of approval (i.e. turn lanes, traffic signals, dedications, etc.). In the final analysis all rezone actions are subject to the Concurrency Management System. 8. Whether the proposed change will create a drainage problem; Pro: (i) The Land Development Code specifically addresses prerequisite development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. Con: (i) Urban intensification in the absence of commensurate improvement to inter- county drainage appurtenances may increase the risk of flooding in areas when the drainage outfall condition is inadequate. _ Summary Findings: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all a iTW drainage generated by developmental activities as a condition of approval. his RSoject S 3 I NOV 14 2000 __J was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro: The proposed PUD development conforms to the approved zoning on the adjacent property to the south. In addition, the maximum height for the structures as provided for in the PUD is similar to the maximum height permitted within the nearby projects to the south and west. The overall development standards are compatible with the standards listed for the similar residential districts in the LDC which are designed to protect the circulation of light and air to adjacent areas. Con: None. Summary Findings: All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area; Pro: Typically urban intensification increases the value of contiguous underutilized land. Con: None. Summary Findings: This is a subjective determination based upon anticipated results, which may be internal or external to the subject property that can affect property values. Property valuation is affected by a host of factors including zoning, however zoning by itself may or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation may or may not affect value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Pro /Con: Evaluation not applicable. Summary Findings: The basic premise underlying all of the development standards in the zoning division of the LDC is that their sound application when combi iTF� administrative site development plan approval process, gives reasonable ass change in zoning will not result in a deterrence to improvement of adjacent prty. 4 1 NOV 14 2000 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Pro /Con: Evaluation not applicable. Summary Findings: The proposed PUD complies with the Growth Management Plan, which are public policy statements supporting Zoning actions when they are consistent with said plans. In light of this fact the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Pro /Con: Evaluation not applicable. Summary Findings: The subject property can be developed in accordance with the existing zoning, however to do so would deny this petitioner of the opportunity to _ maximize the development potential of the site as made possible by its consistency relationship with the Growth Management Plan. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro: The project,is designed in a manner that is compatible with surrounding and approved PUD property in size and scale. Con: Existing neighbors within the adjacent subdivision to the west feel that the proposed change is out of scale with the neighborhood. Summary Findings: The subject PUD complies with the Growth Management Plan while the intensity of land uses is deemed acceptable for this site. 15. Whether -is it impossible to find other adequate sites in the County for the proposed Use in districts already permitting such use. Pro /Con: Evaluation not applicable. Summary Findings: There are many sites, which are zoned to accommodate the proposed development. This is not the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning are consistency with all elements of the GMP, compatibility, adequacy of infrastructure and to so a ex#6&4* timing of the action and all of the above criteria. No 5 1 NOV 1 4 2000 PB�_ 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Pro: The subject property is undeveloped. Presently exotic vegetation has invaded the site, however the environmental impacts are minimal. Con: Development of the site may create a need for additional fill and site alteration for infrastructure improvements. Summary Findings: The extent of site alteration will be determined as a function of obtaining a Site Development Plan approval to execute the PUD's development strategy. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. Pro /Con: Evaluation not applicable. Summary Findings: A multi- disciplined team responsible for jurisdictional elements of the GMP has reviewed this petitions and have found it consistent with the GMP. The conditions of approval have been incorporated into the PUD document. Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. REZONE FINDINGS R- 99- 20 /RVB /rb 6 9 NOV 14 2000 PQ. AY Item V.B ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF SEPTEMBER 6.2000 I. NAME OF PETITIONER/PROJECT: Petition No.: Planned Unit Develo 40. PUD -99 -20 Petition Name: Brynwood Preserve Pk Applicant/Developer: Brynwood Preserve, In Engineering Consultant: RWA, Inc. Environmental Consultant: W. Dexter Bender & A ates, Inc. II. LOCATION: The subject property is an undeveloped 29.2 acre parcel local the east side of future Livingston Road, approximately 1/4 mile south of Ridge Road in Section 18, Township 49 South, Range 26 East, Collier Cou 'lorida. III. DESCRIPTION OF SURROUNDING PROPERTIES: Surrounding properties are mostly undeveloped with a few single - family residences in the area. ZONING DESCRIPTION N - Agricultural Driving Range Undeveloped S_ Agricultural Single - Family Homes E - RMF -6 Hospice Agricultural Borrow Pit Single Family Homes RSF- 5(0.4) Undeveloped W - Agricultural Future R.O.W. for Livingston Road. FP &L Transmission Line Basement. 4 PUD (Kensington Park) Mostly Develo d nb NOV it 4 2000 P¢' -- L_ FACMeeting ...................................... ............................... .....................09 /06/2000 Brynwood Preserve PUD Page 2 of I I IV. PURPOSEMESCRIPTION OF PROJECT: The proposed 29.26 -acre Brynwood Preserve PUD is a planned residential development that is designed around a central lake. The residential lands are comprised of a singular 20.46 -acre tract of development supporting a mix of residential dwelling types and recreational amenities. The list of permitted uses and structures includes single- family, two- family and multi - family dwellings along with zero lot line development standards. If approved, the development plan will include the following: I. A maximum of 160 dwelling units is proposed while the resulting density is 5.47 units pcT acre. 2. Open spaca 'M;kt includes 4.84 acres of preserve /conservation, a 3.98 -acre lake, landscaping And buffering totaling the minimum required 60 percent open space for residential PUDs. 3. Access poim6o the project is provided from the Livingston Road. 4. The PUD N,aster Plan indicates that the internal PUD road will have a 50 -foot right- of -wa; along with a 24 -foot wide pavement as required by the Land Development Code. V. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject 29.26 acre site is located within the Urban -Mixed Use District, Urban Residential Subdistrict and within the Residential Density Band around the I -75 and Pine Ridge Road Activity Center as designated in the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). FLUE and Density — Properties within one (1) mile of an Activity Center are eligible to receive three (3) additional units per acre. The GNP indicates that the intent behind providing a density bonus is to encourage development of these urban parcels and to take advantage of existing public facilities and utilities available to the area. This should also discourage develomnwm utside ex' ting urban areas and into rural areas of the county. The FLUE permits residential dwellings such as those units provided in the Brynwood Preserve PUD. The project density shall also be consistent with the density rating system contained in the Future Land Use Element and is based on the following relationship as noted below: Base Density +4 dwelling units per acre Activity Center Density Band +3 dwelling units Nr acre Maximum Permitted Density +7 dwelling units per acI The PUD indicates that the project is intended for 160 dwelling units at a of 5.47 units per acre. The proposed density s 1.53 units per acre less L p0 V 1 4 2000 Q, o tL7 EACMeeting ...................................... ............................... .....................09 /06/2000 Brynwood Preserve PUD Page 3 of t 1 maximum of 7 dwelling . units per acre the project is eligible to receive as noted above. It should be noted that the BCC has also directed that the base density be reduced from 4 units per acre to 2 units per acre for Agricultural zoned lands designated Urban Residential and that are 50 acres or more in size. Since this 29.26 acre PUD is under this size requirement, it would not be required to subtract two units per acre from its base density. As a result, staff is of the opinion that the requested density of 5.47 units per acre is consistent with the 7 units per acre the site is currently eligible to receive. Conservation & Coastal Management Element: B Objective 2.2. of the Conservation and Coastal Management Element of the Growth Management Plan states "All canals, rivers, and flow ways discharging into estuaries shall meet all applicable federal, state, or local water quality standards. To accomplish that, policy 2.2.2 states "In order to limit the specific and cumulative impacts of stormwater runoff, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity, and quality of fresh water (discharge) to the estuarine system. This project is consistent with the objectives of policy 2.2.2 in that it attempts to mimic or enhance the quality and quantity of water leaving the site by utilizing lakes and interconnected wetlands to provide water quality retention and peak flow attenuation during storm events. With regards to native vegetation preservation and wetland issues, the following Objectives and Policies apply: Objective 6.2 states, "There shall be no unacceptable net loss of viable naturally functioning marine and fresh water wetlands, excluding transitional zone wetlands which are addressed in Objective 6.3 ". r AG NOV 14 2000 PQ. ;26 EACMeeting ............................................................. .............................09 /06/2000 Brynwood Preserve PUD Page 4 of 11 Policy 6.2.10 states, "Any development activity within a viable naturally functioning fresh -water wetland not part of a contiguous flow way shall be mitigated in accordance with current SFWMD mitigation rules. Mitigation may also include restoration of previously disturbed wetlands or acquisition for public preservation of similar habitat ". Policy 6.2.13 states, `Proposed development on parcels containing viable naturally functioning freshwater wetlands shall cluster development to maintain the largest contiguous wetland area practicable and shall be designed to disturb the least amount of native wetland vegetation practicable and to preserve the pre - development hydroperiod". Objective 6.3 states, "A portion of the viable, naturally functioning transitional zone wetlands shall be preserved in any new non - agricultural development unless otherwise mitigated through the DEP 'and the COE permitting process and approved by the County ". Objective 6.4 states, " A portion of each viable, naturally functioning non - wetland native habitat shall be preserved or retained as appropriate ". Policy 6.4.6 states, "All new residential developments greater than 2.5 acres in the Coastal Area and greater than 20 acres in the Coastal Urban Area shall retain 25% of the viable naturally functioning native vegetation on site, including both the understory and the ground cover emphasizing the largest contiguous area possible. When several different native plant communities exist on site, the development plans will reasonably attempt to preserve examples of all of them if possible. Areas of landscaping and open space which are planted with native plant species shall be included in the 25% requirement considering both understory and groundcover. Where a project has included open space, recreational amenities, or preserved wetlands that meet or exceed the minimum open space criteria of Collier County, this policy shall not be construed to require a larger percentage of open space set aside to meet the 25% native vegetation policy. This policy shall not be interpreted to allow development in wetlands, should the wetlands alone constitute more than 25% of the site. Exceptions shall be granted for parcels that cannot reasonably accommodate both the native vegetation and the proposed activity ". This petition is consistent with staffs policy, as directed by the Board of County Commissioners, to allow for impacts to jurisdictional wetlands when State and Federal agency permits are issued. The petition is consistent with Objective 6.4 in that it provides for 25% on -site native vegetation preservation pursuant to Policy 6.4.6. Vi. MAJOR ISSUES: Water Management: AGENDA ITEM NO, Z46 NOV 14 2000 Pg.�_ � , '�r'� � , iY.. tt FS 1. : tr`. �>•. ;t�•�' �:'v ; r� .r` �•• r`` �•':fV"9.� ,' 111 • 1 ,�,t 3 'r •�_ v.- _ . • �►.- 'Sf •'ems ��. -e "fir. , ��y F tz Vt IL 4'5��, r; 't�-< ` � .l �t`2�' w�.•_��l �•`•i ( -n 1�.•+It[� 'y' j' . •41^,}• 'e^ • • , �YJ,? ti: t 5 l= T.-. .' `- Vic.. • A+e• - "' JRz V44 A fi 'il 3k EACMeeting ...................................... ............................... .....................09 /06/2000 Rrynwood Preserve PUD Page 7 of 11 Wetlands: A total of 26 acres of Collier County /South Florida Water Management District (SFWMD) jurisdictional wetlands occur on the subject property of which 23 acres will be permanently impacted as a result of the project. To compensate for wetland impacts on site, 150.0 acres of wetlands adjacent to Corkscrew Regional Ecosystem Watershed (CREW) lands and 1.5 miles north of the Main Golden Gate Basin will be donated to the South Florida Water Management District with long term management funds. Details of the off -site mitigation proposal are included in the Mitigation and Monitoring Plan in the EIS. A total of 3.1 acres of wetlands will be preserved and 0.2 acres of wetlands will be created, onsite, along the western property boundary. All exotic vegetation will be removed and the hydrology restored. If after treating exotic species there are areas where there is less than one desirable tree per 100 square feet, cypress and dahoon holly (1 gal) will be planted on 10 -foot centers. The on -site preservation area will be qualitatively monitored annually for five years. The construction of Pine Ridge Road, the improved dirt road which is the future Livingston Road, the Kensington drainage canal, and several borrow pits within one mile of the project have impacted the site's hydrology. The roadways serve as drainage divides and have reduced the historic runoff to the site. The Kensington discharge canal contributes to the lowering of the water table. It was determined in meeting with the U.S. Army Corps of Engineers (ACOE) to be most ecologically beneficial to concentrate on preserving and restoring higher quality wetlands on the west side of the property. The proposed on -site preserves align and combine with the preserved wetland system that extends to the north on the adjacent golf driving range. Preservation Requirements: The subject property contains 25.2 acres of viable native vegetation of which 6.3 acres is required to be retained and/or replanted on site (3.9.5.5.3 LDC). A total of 4.15 acres of native vegetation have been identified as preserve areas on the PUD master plan. The remaining 2.15 acres of native vegetation will be provided in the open space and buffers within the project. Listed Species: In order to review the site for the presence of listed species per Florida Game and Fresh Water Fish Commission (FGFWFC) guidelines, the site was surveyed during the morning and evening hours on at least five separate occasions. Visual inspection of the site was in excess of 80% for each of the various FLUCFCS types encountered. r� NOV 14 2000 Pg. � fo r EACMeeting ............................................................. .............................09 /06/2000 Brynwood Preserve PUD Page 8 of 11 The survey revealed the presence of inflated wild pine Tillandsia balbisiana and common wild pine illandsia fasciculata) scattered throughout the property. No other listed species were observed. VII. RECOMMENDATIONS: Staff recommends approval of Planned Unit Development No. PUD -99 -20 "Brynwood Preserve PUD" with the following stipulations: Water Management: 1. A SFWMD surface Water Management Permit must be obtained prior to Site Development Plan Approval. Environmental: 1. Remove foot -note number 5 from Table I, "Residential Development Standards ", in the PUD document. 2. Amend section 3.4(C)(2) of the PUD document as follows by adding the underlined language. A minimum of twenty -five (25) percent 6.3 acres of the viable naturally functioning native vegetation on -site (natural habitat preserve area), including both understory and the ground cover emphasizing the largest contiguous area possible, shall be retained on -site, as described in section 3.9.5.5.3 of the Land Development Code, or the landscape plan shall re- create a native plant community in all three (3) strata with larger -size planting materials, as described in section 3.9.5.5.4 of the Land Development Code. 3. Amend the first paragraph in section 4.2 of the PUD document as follows by adding the underlined language. Clearing for permitted uses is allowed provided that a minimum of 6.3 acres of native vegetation is retained or replanted within the PUD. No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: 4. Amend section 5.10(C) of the PUD document as follows by adding the underlined language and deleting the An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Envifenmeetel Section Staff for rev ew and approval prior to Final Site Development Plan/Construction Ivan NOV 14 2000 Pg. S/ or EACMeeting ............................................................. .............................09 /06/2000 Erynwood Preserve PUD Page 9 of 11 approval. This plan shall include methods and time schedule for removal of exotic vegetation within conservation/preservation areas. AGENDA ITEM NOV s 4 2007 Vg.� EACMeeting ...................................... ............................... .....................09 /06/2000 Brynwood Preserve PUD Page 10 of 11 PREPARED BY: A J STAN CHRZANOWSKI,`P.E SENIOR ENGINEER STEPHEN LEINTBERGER ENVIRONMENTAL SPECIALIST II REVIEWED BY: P V. BELLOWS AL PLANNER THOMAS E. KUCK, P.E. ENGINEERING REVIEW MANAGER RONALD F.'NINO, AICP CURRENT PLANNING MANAGER DATE 0 / 004 DATE (5 _ 2 oc) DATE �3 - 2z -&Zl DATE i- aa. " DATE NOV i 4 2000 9g. jj EACMeeting ............................................................. .............................09 /06/2000 Brynwood Preserve PUD Page 11 of 11 ROBERT J. MULHERE, AICP DATE PLANNING SERVICES DIRECTOR APPROVED BY: VINCENT A. CAUTERO, AICP COMMUNITY DEVELOPMENT & ADMINISTRATOR '? 4z dd DATE ENVIRONMENTAL SERVICES AGENDA No. NOV ' 4 2000 Pg�. COLLIER COUNTY r APPLICATION FOR PUD REZONE P I PETITION NO. PUD 9 9 - 2 u ! �I JUL 2 9 1999 COORDINATING PLANNER: M Y &440C.8 DATE RECV Applicant Name (Agent): William L. Hoover, AICP, of Hoover Plannine Address: 3785 Airport Road North, Suite B, Naples, FL 34105 Phone: 403 -8899 Fax: 403 -9009 Property Owner (Petitioner) Name and Address: David S. Braverman, President. Brynwood Preserve, Inc., 1454 Rail Head Boulevard, Naples, Forida 34110 Phone: 261- 6434 Fax:261 -6434 Detailed Legal Description of Subject Property: Section 18 Township 49S Range 26E The North 1/2 of the South 1/2 of the SW 1/4 of the NW 1/4 and the North 1/2 of the SW 1/4 of the NW 1/4 of Section 18, Township 49 South, Range 26 East, Unincorporated Collier County, Florida. Property Identification #: 00286040004 (Ciabattari Land) & 00285920002 (Polito Land). Size of Property: 990± Feet x 1,290± Feet = 29.26± Acres General Location of Subject Property: Located on the eastern side of Livingston Road, approximately 1/4 mile south of Pine Ridge Road in unincorporated Collier County, FL. Adjacent Zoning and Land Use: ZONING LAND USE N - Agricultural Driving Range north of our western 1/2 and vacant north of our eastern 1/2. S - Agricultural Vacant with 2 single - family homes. E - RM9-6. Agric. & RSF -5 Hospice, borrow pit, and 4 sin ]g e- family homes. W - Agricultural and then PUD Livingston Road, 225' F.P.L. Easement, and Single -Family homes in Kensington PUD. Existing Zoning: Agricutural NOV 14 2000 Pg- va.� Proposed Land Use or Range of Uses: PUD with Permitted Uses of coach homes, attached villas/patio homes. townhouses/condominiums, garden apartments and single- family homes . Does Property Owner own contiguous property to the subject property: If so, give complete legal description of the entire contiguous property: No. Has a public hearing for a rezone been held on this property within the past 12 months? If yes, please write the rezone application number. No. Is this property currently vacant? Yes. If the answer is no please describe the current land use and all existing structures. Signature of Petitioner Date * If petitioner is a corporation other than a public corporation, so indicate and name officers and major stockholders. * If petitioner is a land trust, so indicate and name beneficiaries. * If petitioner is a partnership, limited partnership or other business entity, so indicate and name principals. * If petitioner is a leasee, attach copy of lease, and indicate actual owners if not indicated on the lease. * If petitioner is a contract purchaser, attach copy of contract, and indicate actual owner's name and address. The petitioner is the contracted purchaser of the subject property. The southern 1/3 of the subject land is owned by Martje Polito. 126 Church Street. Apt. #3L. New Rochelle NY 10805 and the northem 2/3 of the subject land is owned by Mary A Ciabattari. 483 Ashford Avenue, Ardsley. NY 10502. The petitioner, Brynwood Preserve Inc is a Florida corporation with David S. Bravennan, as President and Secretary, and Richard Comp none, as Vice President and Treasurer. NOV 14 2000 r NOTARIZED LETTER OF AUTHORIZATION RE: A Portion (9.8 +/- 1, :res) of the Proposed 29.3 +/- Acre Brynwood PUD, Located on the Eastern Side of Livingston Road Approximately '/. Mile South of Pine Ridge Road, in Se -tion 18, Township 49s, Range 26E, Collier County, Florida To Whom It May Concern: Please be advised that Brynwood Preserve, Inc., has the subject property under sales contract and has permission of the property owner, at Brynwood Preserve, Inc., expense, to apply for PUD Rezoning, Site Development Plan, Environmental Resource Permit, and related developmental /permitting processes for the subject project. Sincerely, �16N Martje P ito, Property Owner STATE OF+L-01C IVe' -j YO-"` COUNTY OF ^.- ^v,✓rT°i°''nrt- �c�v The foregoing instrument was acknowledged before me this 344"Jday of /y 199 y /ci f/— 6 / At who is personally knoN<m to me or has produced /< /0,9 57 33 -7--l-- as identification and who did (did not) take an oath. c z ,, otary Public, State of yd My Commission Expires: � o/ SUSAN C TESTA Notary Pudic, State of New VDrt No.4857971 puslified in West7.tlester County Commission Expires 61zy 5. 2DOO NOV 14 2000 UFilcserver- Ik \ %-0116)Uvigmcm Pwd Si*e Family Residential Brynwood Praav" U.D. ExWWANotarissd Later of A wrieationgsa dw PQ.-7.0, - I - --- NOTARIZED LETTER OF AUTHORIZATION R-E: A Portion (19.55 +/- Acres) of the Proposed 29.3 +/- Acre Brynwood PUD, Located on the Eastern Side of Livingston Road Approximately '/, Mile South of Pine Ridge Road, in Section 18, Township 49s, Range 26E, Collier County, Florida To Whom It May Concern: Please be advised that Brynwood Preserve, Inc., has the subject property under sales contract and has permission of the property owner, at Brynwood Preserve, Inc., expense, to apply for PUD Rezoning, Site Development Plan, Environmental Resource Permit, and related developmental /permitting processes for the subject project. Sincerely, �` HERE Mary Ciab ari, Property Owner - STATE OF €1�A ,vcw V"00'4- COUNTY OF 66ELIER r✓�5�`1'es � The foregoing instrument was acknowledged before me this cjay of X1 6 d 5 r , 1999 by personally known to me orhas-pradumd au� and who did (did not) take an oath. Notary Public, State of Pefidia*e-w oK.+t My Commission Expires: ANDREA T RDSB48EM Notary PVW - State of New York N0.07R04936" fiuoftd F Westc'iseer C.ounry Term Epiae September 6, 2 60 O \\File- erve- 1\cA 3 Livingston Road Single Family Reaidemul grynwood NesevcT.U.D. ExNbiuWduiead LelerofAmborimion 19.55 eme.em who is NOV 14 2000 Pg. &F LIST OF PROFESSIONALS WORKII G ON PUD REZONING Christopher O. Wright, P.E. and Emilio J. Robau, P.E., RWA, Inc., 3050 N. Horseshoe Drive, Naples, FL 34104 Phone # 649 -1509 Fax # 469 -7056 William L. Hoover, AICP, Hoover Planning, 3785 Airport Road N., Suite B, Naples, FL 34105 Phone # 403 -8899 Fax # 403 -9009 W. Dexter Bender & Associates, Inc., 2052 Virginia Avenue, Fort Myers, FL 33901 Phone # 334 -3680 Fax # 334 -8714 JUL 2 9 1999 1 A ITEM -- • --f A NOV 14 2o. PUD9 —20 Pg. Q n-99 'Q3137 nfa e. c ro. • .were. Vff OF i"IAL NEt334 ��I,165�t,L',�.... i ere 29 3 2r 1 is f cftturf� ```�Ldn sir 01111.' tau 9. ColUtlt LOUNII.ILOR1 txr. 74'f}Saat of Narch BETWEEN ldfLLV ! 8 r A o.ny of 'i/ I1A 1 }�.Ni E] County of . A. D. 1971. NLWTiiN and LUCY V. WFV70N, hi& wife, in t6. S1.10 .1 Missouri . pert ies .1 Ix. lint pan. and RI•i.1T0 and MLIT-J:. i'trLlTO, iris wife, In 16. St.,. .1 New York . whoof pwl oflic. oddrw 4 155 Clarence Road, Scarsdale, New York 10583 aai�dL 6. es aI . «bnd Sim" evaaRmtihl T61 16 wd pen ies of Iti lint pen. I- .rd N cwd ntla. of 16. D.M. TEN (510.00) them 1. 7.r wd by t6..14 purl ie s .l 1M . a W- t6. nowpt w6 "of r 6.n6y .ri R.te d. Mve Pry Id. 6.reoed..nd xld ra d...wd pew f.s oI Ix. •woad pO1�. their wipro lor...r. dw following dewl6od lond..1loata, .nd Miro to tti CooNy of 6o l l ier or( vlorida • to -wil: . N.:rth 1/R of the South 1/2 of the SW1 14 of the N41/4 of Section Township 44 South, nan.e 26 East. SVP- 1Tii7T to an easement over west 30 S <et thereof far read right -of -way. ALSO, this deed con- :without verranty of title an easement over and across the ! ?est eat and the South 30 feet of the South 1/2 of the South 1/2 of th 4 of the "_/4 of Section 15, Toi+nship 49 South, Renre 26 East, road rir- _- :f-way. SUBJECT to restrictions and reservations of rd. pnC!IMENTAPY= - OOCUMEN Aare F STAMPI AX1 1R1 A rf Df.1. 01 RIILRUf I 15.40 _ e =..= uL:rn'Ic 42.001 .1 e Ise J A. odd s of 14. f" Port do 6nby Jay warrant tlu silk to sold sand, and will dol.nd Ike 00.1.1 • 'd [61. of al] p.nona erxonoa.wr. in joiti tghtff0f, T6..wd Pori ies of Ixo lint wn M .p h'-"" ..t tneir sand .s J y and year lint 66" writl.n. d. j..r.d in 16o .... o ,_ lu. -/ p amt' .. ........ ........_.................._._ .......... 141• �� Ll.�...,,1. � �.__® Y OF Im OURI WY OF 4 L HERYaY CLRTIFY Jot a. JY L1. Man loi6 r datF ouW:. a aun .1..W .nd to tk Co..y d.neJd a uk' int w."kdammnh po"oo' t' "Pd•d :.LIAM B. NEWTON and LUCY V. NEt:1UN, his wife, awo.w m b nw s d.,R d to om ,.R. oee.wd J. Ionior" tw,wonwit W they .rleool.da.d w Owl t 'Std the ..... wrrN m: od dwiw .ol I. tk C...y od Sate I.ot ./ore..Y Ji t3t9�d M •r y �, j'} a 71. My commission expires May 14, 197? ttW..,aou pgr Yr w,.. Sae.. w arr....e >a ape ' r ,s ,,. ,.. rnRm m w coutn tnuawr, nwiw .oRlal Ting a nmmx W, Owl, 0 n 1, cowl w Oo.. w pwt r.a. »t o•. data muAWA a T.M 1nsuah.4a 14 2000 NOTARIZED LETTER OF AUTHORIZATION RE: Proposed 29.3 +/- Acre Brynwood PUD, Located on the Eastern Side of Livingston Road Approximately %. Mile South of Pine Ridge Road, in Section 18, Township 49s, Range 26E, Collier County, Florida To Whom It May Concern: Please be advised RWA, Inc., 3050 N. Horseshoe Drive, Suite 270, Naples, Florida; Hoover Planning, 3785 Airport Road North, Suite B, Naples, Florida 34105; and W. Dexter Bender & Associates, Inc., 2052 Virginia Avenue, Fort Myers, Florida 33901 have been officially engaged by Brynwood Preserve, Inc., 1454 Rail Head Blvd., Naples, Florida 34110 to act as authorized agents and to request necessary applications during the PUD Rezoning, Site Development Plan, Environmental Resource Permit, and related developmental /permitting processes for the subject project. STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this _ �I day of 7l Ijq , 1999 by - ay d Pynup r rim who is personally known to me or has piQduced I i C e V1 Sr_ as identification and who did (QhZ) take an oath. � ' tL igo6g -nAJ- Notary Public, StatLbf Florida My Commission Expires: `J I. 03 ✓� TOCIA BURGHARDT e MY COMMISSIONN CC 852689 EXPIRES: July 7, 2003 •Npi 1:r,• limiald Tluu NoblyPubliclgidaradara NOV 14 2000 Uilraervv44M-0 3 Livingston Road Single Family Reaidemial Brynwood Prasmrv, P.U.D. ExMbiuVJan'vd Lester of Mdhorianion.doc 1 i� I ye e•'.l -F. ce' 590994 THIS WARRANTY DEED, Made this �.._ day ofY. —_._ _ A. 0. 1979 ` between SETTS N. NIESS - - -- Yeatchaster, �lry York of tlsa County nl .. ..__. in the State of. _ _.. M.e.nelter, called tM Grantor. and NARY A. CT.ABATTARI, whose mailing address is: 483 Ashford Avenue, Ardsley, New York 10502 n, ..nit: u p•t.wi. . ti x.60) huuA COLT If It ` Nvl f.I LORIDA -JXA- 3 47P01 815 PAGE 16 hereinafter called the Grantee, WITNESSETH, That the said Grantor, for and in consideration of the sum of ten dollars (510.00) and other veluable considerations to said Grantor in hand paid, the receipt whereof is hereby ackmwi. edged, has granted, bargained, and sold unto the said Grantee, and Gontee s heirs, or successors, ace aalgns forem, all that certain parcel of land in the County of WtWIN Collier and State of Tloridas to wit: The North Half of the Southwest quarter of the Northwest qu -:ter of Section 18, Township 49 South, Range 26 East; SUBJECT to existing reatrittions And reaertatioua of record; and SUBJECT to an easement for public road right - of-way war and across the vast 30 feet thereof. And the said Grantor does hereby fully warrant the title to said lard, lnd m l.ill defend the sae against the lawful claims of all persons whomsoever, except loses for year 9977 and subsequent. ('G,wxw" w 'g.w w• ~1 hw.in Iva tnedw « aw,A " r ng� rh,e ins'& eve Pi A r W a.r "I I MI "wis r. r vane. •.o�+wJ Signed, :i d and Delivered in Our presence: Wis. /ia'7ir ZI 2&`,4,A (Seal) B O TTY N. NIESS (Sean fvl9t i is Slots of f>EH= NEW YORK County of tlOSikIR WESTCHESTER 1 HEREBY CERTIFY, That an the— �.. day of Dine , A. D., 10 7•t before me, an o fflrar duly authorised N the State and County aforesaid a take acknowledpaments, personally opmarad_—_ BETTY N. NIESS to me known to be IM person described in and who executed IM fwagoing mnHyann and ecknowiedged before m, that a he executed the same. WITNESS M signature and official seal in the County and Stste law ef�� . wwwy Belk otor Mstars yx My Commission Expires: 7�%9 rewl-r.N (Sean This Instrument was prepared by: PICA If �hW to Will cow" Net. wwwr sM .awn•) 14 2000 pg.- - 41A - got i - +4' a DOCLM'DITA97� I And the said Grantor does hereby fully warrant the title to said lard, lnd m l.ill defend the sae against the lawful claims of all persons whomsoever, except loses for year 9977 and subsequent. ('G,wxw" w 'g.w w• ~1 hw.in Iva tnedw « aw,A " r ng� rh,e ins'& eve Pi A r W a.r "I I MI "wis r. r vane. •.o�+wJ Signed, :i d and Delivered in Our presence: Wis. /ia'7ir ZI 2&`,4,A (Seal) B O TTY N. NIESS (Sean fvl9t i is Slots of f>EH= NEW YORK County of tlOSikIR WESTCHESTER 1 HEREBY CERTIFY, That an the— �.. day of Dine , A. D., 10 7•t before me, an o fflrar duly authorised N the State and County aforesaid a take acknowledpaments, personally opmarad_—_ BETTY N. NIESS to me known to be IM person described in and who executed IM fwagoing mnHyann and ecknowiedged before m, that a he executed the same. WITNESS M signature and official seal in the County and Stste law ef�� . wwwy Belk otor Mstars yx My Commission Expires: 7�%9 rewl-r.N (Sean This Instrument was prepared by: PICA If �hW to Will cow" Net. wwwr sM .awn•) 14 2000 pg.- - 41A - WODTOAOr DerO Made this $ttuotm 233138 this 'Indenture, 24th - day of-- - March "..Co loop was, REE394 l+w 659 A. D. 1971 W-'M7 NIEL A. FULITO and IMRTJE 11,LITu, his wife, NkWIoN, his wife called the. Murlouoors , w.dWl LLIMi E. NEWTON and LUCY V. rolled the Mortgagees , S0It11tSSttk, That the said Murtoaoors , for and in considerolion of the sum of TEII ($10.00) Dollars. M then in hand paid by the said Mortgagee s, the rereipt whereof is hereby ac nowt. n ruled, have granted. bargained and sold to the solid Jlorlgagety their `heirs all assigns forever, the following described land, situate, lying and bring in the County of Collier . State of Florida , to -wtt: The North 1/2 of the South 1/2 of the SWl /4 of the M,,4111- of Section 18, Township 49 South, Range 26 East. SUBJECT to an easement over the West 30 feet thereof for road right -of -way. ALSO, this deed conveys without warranty of title an easement over andacross the .lest 30 feet and the South 10 feet of the South 1/2 of the South 1/2 of the SWI /4 of the Nwl /4 of Section 18, Township 49 South, Range 26 East, for road right -o1 way. SUBJECT to restrictions and reservations of record. THIS in a purchase money mortgage. P and the said Morlgagon; do hereby fully warrant the title to said land, and will defend the some agai -ut the lawful claims of all persons whomsoever. ProPM $lw*, That if said Mortgagors . their heirs. legal representatives or assigns, shall pay to the said Mortgagee s , their legal representatives or assign e a certain promissory note. a ropy of which is an the reverse side herrof. and shall perform and comply with each and every slipulalion. agreement and covenant of said note and of this Mortgage, than this Mortgage and the estate hereby created shall be raid, otherwise the same sheq remain in lull force and victor. And the said Mortgagor s covenant to pay the interest and principal promptly when due: to pay the taxes and assessment* on said property; tocsa(1yJOOtPweDUIlyoslleC prxwxxhxi�attdsegrxxa�mMlNemalcJar _vrat*asdhme�exrxxxxxxxxxxxx xs,gVH: ratdebNc42xslN9efe SAould any of the above covenants be broken. then said note and all moneys secured hereby shall. without demand. if the Mortgagees . their legal representatives or assigns, so ele.d. at once become due and payable and the mortgage be foreclosed, and all costs and expenses of collection of said moneys with or without suit, including a reasonable fee for the Mortgagee a' attorney, shall be paid by the Mortgagors , and the some are hereby secured. 11 101h tSS WIIMOG The said'Mortgagor s hereunto ad their ' handle and seal s the day and year firal above written. Signe .1 emir I clivered In our presence: .`NW JDA IJFJ YLb Imhwmme p7and to Add,= n.e srmusuur rssuuw m eeaeu, Ilene . AMMACT oa, f 4 ee 2000 amp ,TIOT. �, aRT M^ftM IwL C 'aTM raTm TK na,.we1 a not aAUNANM pg.- 7L/— bent Uy: bHy NwODU CURPOHATION 941597751/ 05102199 10:14AM Job 254 Page 1 e This salad contract praufded FAr a couauy to you 6y I.oaym'Abslruct Seance, Inc, pmuadinR absfici aM _ title information to Collie. Court y fox �2 yran. 1'k¢re call 7942627for art your title information need,, Pill" \' .Frye # r, "I I r y d (NOT FOR CONTRACT UMS) JUL 2 9 i�99 MARTJE PoLITO RICHARD COMPAGNONE ____.._____ -------- BUYER: q /ADDRESS: 126 CIR)RCH STREET ADDRESS: 11983 MIAMI TRAIL NORTH P U D 9 9 - 2 e(_ - A3L - NEW ROCHELLE, NY STE 104 - NAPLES, FL 34110 UPON THE ACCEPTANCE OF THE OFFER (OR COUNTEROFFER) me Sol has agreed to sell an era Buyer has agreed b buy UPON THE TERMS AND CONDITIONS WHICH FOLLOW, the real property legally described as: SEE ATTACHED - EXHIBIT A. APPROX. 10 ACRES together wish fixture lading uilt.lr) XX %lphpXp% jXy%kZ, gX r dryer. wall-to-wall carpeting, g. window coverings, and listed on the altacpa��0� �nc ��ta�1 �7 _'and he personal property, a any as AA.LI_)� ...... ..I lAXli Xi� XA he fallowing dams are specilically excluded from this contract: dear Property only unless 01MOnOse slated, price is allocated to 1. PURCHASE PRICE: The total purchase price shall be (U.S.) payable ss follows: . ................................. .. . ............. S ^ _ — la) Initial depose in escrow at in., time of . ............................... _........_..,...I ... ......., $ — (b) Additional deposit to be received in escrow on Or balm _ days S. INSTRUCTIONS FOR TITLE: At least 15 days prior b closmg, Buyer shall dellyer to Seller the sorts(s), adddessles), Marshall n wthich WI@ after Eeactive Date as defined below In me amounts of ..... ............................... $ _ (c) Procsedo of mortgage. a any, (See Per 3(D)) .................... ............................... $ (d) Note and mortgage to Seller, It any. (See Per 3(c)) ............ ..............................5 Vast- I at 4 A'ur For COMO 1Ats is a sports, rummer: Puce 2 is on 'he hack of Paye 2: Page 4 as on Me hail oripu /s, 3 (e) Omer ............. ..............................5 (I) The balance of the purchese price by local cedffled check, wire handler lands. or local cathImis check et closing, subject to adustmenls and proration&, of approximately .................... ........... ..... ..... ... ...... 5 Deposit checks are amened subject to cola Ilion. 2. CLOSING AND POSSESSION DATE: Closing shell occur ai a -"ay and place selected by Buyer in the County in which the properly is located, but upon reasonable hot" to the Seller, on SEE ADDEM , 19_ (or prior to that dale with the written consent of both parrall (the Closing Dale ); provided, however, In no event shall the Buyer be required to close Was than No (2) weeks after the date on which me mortgage commitment has been obtained pursuant to paragraph 3 below. Buyer shall oe me legalovener of the property as of lha closing and Salley shall give possession of the property el closing unless otherwise provided herein. 3. METHOD OF PAYMENT I FINANCING. (a) I X ) Buyer will pay cash, with no mortgage commitment cunlingency (b) I ) MORTGAGE COMMIT MENI CONTINGENCY CLAUSE. Buyer's obligations ere contingent upon Buyer obtaining a mortgage commitment on the real property doscnoed herein in the amount of It or_% of the purchase price (191 in one ansmalivs) at a(1)( )ftaedsr(2) ( ) instal merest rale nol lc exceed % per year for an amom:edlerm 01 not less than __ years with a baboon not sooner man _ years (If re box Is checked (1) shall be coned to apply). Buyer shall, at Buyer's expense, Mks a prompt application for and a good lash effort to obtain said motga ge cpnmllmeM. II Buyer falls to obtain this ban commitment on or before , 1e_- (IN -- cancellatiun period shall be 6 weeks hom the Ellwilver Dole unless a different per'od is inserted in the preceding blank) then no ,nod iii Stand terminated and the deposit(s) win be resumed to Buyer unless water, such period Buyer wolves this mortgage mntergesrcy in writing the parties mutually agree in wrong to Finland the mortgage contingency period. Within said contingency period, Buyer shall nosily, Seller in wrong UPon receipt of the mortgage cOmrrhitmenL Buyer'i failure to notify Seller in writing that Buyer has received Said mortgage amvnorrieM dung M contingency period shall entitle Me Seller to terminate the cbnfacl by nolffication to Buyer In writing and the deposit nbnies shall be resumed b Buyer. (c)1 1 PURCHASE MONEY NOTE AND MORTGAGE Shall have the following economic and payment icons: The original prrlafW amount shall bet , with an annual merest rate of_%. amon¢ed wed_ yea,, Thepenedicpsymirs shot: I Include interest (each payment the same) OR I ) be plus Interest then due (payments decrease wish 1") AND be payable I ) annually, l I semlaninsi 1 I quarterly ce 1 ) monthly. The Note or Mortgage will provide to a FNS percent t5%) penalty it payment is rhos made within fifteen (15) days 01 the due dale, will require the Buyer to keep the Property insured. with Seller named as an additional named inured, against less by Ike (and lead, e in a I" zeta) with coverage n an Small rhos less tan me greater Of the maximum Insurable vahre or lull replacement value for the Progeny. The Note and Mortgage will otherwise contain terns and conditions eat are customary in Purchase Money Mortgages encumberkg property In Collier County, Florida. The Buyer Shelf be personally Fable on the note which shall be due and payable for -- balloon) in lull years Sher closing. Buyer shall have the right to prepay of or any pad Of the principal at any arms with interest b lta dote of payment without penalty except no prepayment in Seller's fiscal year of closing is parminad without Seller's consent. The Purchase Moray Mortgage shall contain a duel nsek clause. IF NO BOX 5 CHECKED, (a) SHALL BE DEEMED TO APPLY. A. EVIDENCE OF TITLE: Within twenty (20) days after the Effective Dote of this contract or twenty (20) cal prior to closing, wlfidavM is easier, Seller: (1) ( ) shall deliver to Buyer a complete abstract of this Isom a company salislactOry to Buyer, cedttied to the dale of This connect; _ WIZ j._) awl Pay,. at Fbsny 5150 OB toward ea coal d 0uya1) liga evklerhde and nawance. R no boa is slhachad, to SelImLs l Spatial of title. The abstract or title evidence won show good and maAelable tole with legal access subject only to M following exceptions: (a),", Property ad valorem taxes for is year of closing, (b) Zoning, building rode "other use restrictions h spored try governmental ass"; Ie) outstandkg o5, gas and mineral Merest of record, t fort; and (d) restrictions and Basements cemmorl to the tuDdvisipl, provided, rewarder M no one of them shall prevent use of the property tot the purpose of op. ST DENT1 AL S. INSTRUCTIONS FOR TITLE: At least 15 days prior b closmg, Buyer shall dellyer to Seller the sorts(s), adddessles), Marshall n wthich WI@ 1, S�yst NOV 14 LOUT will be taken, and any assignment(s) thereby re urked. No assignment shall release Bayer holes the obllgaaons of Me, canasd unlaas Sawr consahu n wrong. PQ'- Vast- I at 4 A'ur For COMO 1Ats is a sports, rummer: Puce 2 is on 'he hack of Paye 2: Page 4 as on Me hail oripu /s, 3 -+-F -� said Uy: BIIhNi1000 CUHPUHAIIUN 9415911517 06/02/99 10:16AM Job 254 Page 217 23. REPRESENTATIONS AND WARRANTIES: Alrpreasntallons one wammks, Many, maser WwrMen nb thle rnrllrad; otrww,traan none. Buyers decision b buy was based upon Buyer's own Investigation of tha property. Buyer holds to broker(s) harmless even at IabYAy or loss caused by Sellers failure to discloso, . malarial facts in accordance with Jib coneael,- rsprseerlbBona repwdng the papery& ovedAlon, or bmker'sreknal,reanrrlrrwndallon,wretentlonolanyvanft Tim punka agree that assistance bs party byl broker doss nol, andwN not. make Pro broker responsible forperformance. Each party (Salley or Buyer) M. and wAl nmaln, responsible for that pinks pe'ormwlte of Iw obkpbona of the contact. 24. PERIOD OF OFFER AND EFFECTIVE DATE: Thi6 eMer_er any <ounbroasr b rsrokstl N n Jtcapled end monks of acseptanca dakverad to offeror or IM counteroffemr Dy r • m ;wJIWM JANN1 I This lime Iknh shop apply to all offen and countemflers unksa otnrwise stated. The Effective Data of this convect shall be the last dale slther the Buyer or Seller tu" or Miele This cormact . Inpkled changes mat be detedor tie latest dole set forth on this contract shall be deemed to be AN Effective Data. A facsimile "I be deemed to De an original. Dow and acceptance by kcsknae is binding. 25. BINDING CONTRACT AND PARTIES ADVISED TO SEEK LEGAL COUNSEL: THE PARTIES ARE NOT REWIRED TO USE ANY PAR- TICULAR FORM OF CONTRACT. TERMS AND CONDITIONS SHOULD BE NEGOTIATED BASED UPON THE RESPECTIVE INTERESTS, OfUECTIVES AND BARGAINING POSITIONS OF ALL INTERESTED PARTIES, APPROVAL OF THIS FORM BY THE COLLIER COLWY BAR ASSOCIATION AND BOARDS OF REALTORS DOES NOT CONSTITUTE AN OPINION THAT ANY OF THE TERMS AND CONDITIONS IN THIS CONTRACT SHOULD BE ACCEPTED BY A PARTY IN A PARTICULAR TRANSACTION, THIS IS A LEGALLY BINDING CONTRACT FORM, EACH PARTY ACKNOWLEDGES THAT PRIOR TO SIGNING THE CONTRACT THE CLOSING EXPENSES HAVE BEEN EXPLAINED AND THAT PARTY HAS BEEN ADVISED BY THE REAL ESTATE BROKER TO SEEK LEGAL COUNSEL AND TITLE INSURANCE TO PRO- TECT THAT PARTY'S INTEREST IN CONNECTION WITH THE TITLE STATUS AND CLOSING OF THIS TRANSACTION. BUYER AND SELLER ARE ADVISED TO CONSULT AN APPROPRIATE PROFESSIONAL FOR LEGAL. TAX, PROPERTY CONDITION, ENVIRONMENTAL AND OTHER SPECIALIZED ADVICE, THIS CONTRACT SHALL BE BINDING UPON AND INURE TO THE BENEFIT OF THE PARTIES HERETO, THEIR HEIRS, ADMINISTRATORS, PERSONAL REPRESENTATIVES, AND SUCCESSORS IN INTEREST. 26, OTHER TERMS AND CONDITIONS: SEE ATTACHED ADDENDUM ._ PLEASE READS 07, /8 AND A'13. PARAGRAPH Actual number of acres to be determined by final land survey. BEFORE SIGNING, THE PARTIES HAVE PEVIEWED THE ADDITIONAL TERMS AND CONDITIDNS N / /AAIjj�� PAGES OF THIS CONTRACT. !•m;na mai E4rraeen d FARMS h n ka44wdaeh e.Mana �� /t) SELLER. ' /�[[ 27 1 /�J �I ��-Il BUYER: _�j (Signature) (Si Bj MARVE POLITO RICIIARD COMPAGNONE (Print Name) (Pam Name) DATE: g� ', e TAX ID:. J 77- / -s3f �j DATE: /o TAX I.D. SELLER'. (Signature) (Print Nouns) DATE: _ TAX LD.: BUYER: (Sig sturs) (Print No") DATE: TAX I.D. ( Selkr) (Buyer) hereby n)ecb the offer de countarefffe eaew salve (Infests) Adaiowkdgm,m or Real Estate Brokers: The Seller acknowkdpe.ohat COLDWFLL BANKFR Hr FADDE[i A SPRFHJIS is the Deng real estate broker. The Buyer acknowledges dtal COLDWET i BANKER MCFADDEN 9 SPROWI C k IM sea'eq race estate broker. DEPOSIT RECEIPT �p Receipt of the initial dposit le acknowledged by ( ) cash or (X ) check Ink Fe 6 /0 , t9_wQ4L, I be held In @. Per terms and condh&* eel IoM in this oonlract. Gerale414G7 t'r /r n..A.e Su A.. se..•� lam, A. 9y. DEAN Q. (RIFF (Wee Name of Ewm Agerd) As duty auNwlred agate. O 1997 Naples Ares Bosedol REALTORS' and AssocklionW Reel Estate Pmfeesbnata, Inc. AI Right Reearved. Appmved by M Arse Asso&aBOn Of AWAOlee and M 001kr County BM Association. AGENDA ITEM .� .iLlf) a NOV 14 2000 Page 4 of 4 Nor For CrnAo. This it n 4 page romrarr. Page 2 1 on the back of Page 1; Page 4 b on the Dark afPOge Sent by: BRYNt•VOOD CORPORATION 9415977517 06/02/99 10:27AM Job 255 Page bIB ..tin; .1: i,yPV; yn 43S 171! _1 SNOPELINt CONS'I; In FROM :GOOtx_ETTE, COLEMRN 941 435 1219 1996.02 -10 1550 "096 P.01-06 ADDENDUM TO :TALES CONTRACT PSOPFRTY DESCRIPTION: !!" The Property description found on page one of the Contract includes all utilities and road right of ways located within or applicable to the Property. pEROD OF QEEER AND ACCFPTANCF' The period for acceptance of this Contract is hereby extended to 6-00 p m. February L.Z, 1998 CLOSING AND Cl_,Q,$TNG CONTINGFT =- - Closing is conditional upon all of the following: (1) Buyer's ability to obtain, prior to closing, all necessary development permits, and the expiration of any and all appeal periods for such permits without the revocation of any such permits (2) The expiration of the Due Diligence Period as defined below without Buyer providing written notice to Seller of intent to terminate this Agreement and Buyer's acknowledgment shut the Property is suitable for the purpose of constructing a minimum of family residences on _ the Property, with each lot consisting of a minimum width fcct in urder to satisfy this condition. (3) Buyer's ability to close on the adjacent land consisting of approximatelylO acres owned by M�uttje- Pekito. This provision shall survive the closing it / t, a.•�C' „ +h'7 ffAYi (4) The Property is not designated as habitat for the Red Cockaded Woodpecker or any other endangered species and no active nests arc present on the Property. (5) Mitigation rates issued for the Properly are acceptable to Buyer in Buyer's sole discretion. In the event airy of the above described contingencies are not satisfied, Buyer reserves tht right to terminate the Contract and receive a full refund of all amounts deposited, including any interest accrued thereon, if any. Buyer shall close on the purchase of the Property upon the later to occur of. (i) 30 days from the issuance of all necessary development permits, assuming all periods for appeal of such permits have expired; (ii) 30 days from the expiration of the Due Diligence pc6od described below; or (iii) 5 days from the expiration of all appeal periods relating to the issue of any and all development permits DI D 1 I INCE. Buyer shall have a ninety (90) day due diligence period from the effective date of this Contract, during which time Buyer and /or its agents or designers shall have the right to enter the propeny to perform engineering studies, appraisals, surveys, soil tests, and any other investigations of the NOV 14 2000 va._ ��o _ Sent by: BRYWOOD CORPORATION 9415977517 06/02/99 10:28AM Job 255 Page 7/8 - ' •' +•:� �<I0 -> SHORE 1 N NINS I; F? FRBN :GoDDLETTE, CoLewvq 941 43E; 1218 1999.02 -10 15:51 0099 F. C2 .cc ;:roperty wlich Buyer deems necessary or reasonable in connection with the proposed purchase Buyer may also use this due diligence period to investigate the suitability of the Property for its untended use. If Buyer is not satisfied with the Property by the expiration of the due diligence period, Buyer shall have the right to terminate this Contract and is entitled to a full refund of all sums deposited, including any interest accrued thereon, if any. In the event Buyer does not provide Seller written notice of intent to terminate this Contiacl by the expiration of the due diligence period, Buyer shall provide Seller with a schedule of progress and an anticipated Closing Date, subject to all of the closing contingencies enumerated above. A SS SIGNNE Buyer shall not assign this Contract without Seller's written consent and Seller's consent shall not be unreasonably withheld. Notwithstanding the above, Buyer sball have the right to assign this Contract to any entity substantially owned or controlled by Buyer without requiring Seller's consent RVYE&'5- T`iSTR_ inKFNIS �ND - Buyer agrees to pay all of Buyer's own attorney's fees, exclusive of litigation costs and attorney's fees governed in paragraph 20 of the Contract. SEL 'S INST-MaNTS AND EXPENSES: Seller shall deliver to Buyer within five (5) days of execution of this Contract by both parties, the following items, among other things, if available: (1) All surveys, site plans, soil and substrata studies, tests arid reports and engineering plans and studies which relate to the Property that arc currently in Seller's possession.or readily available; (2) Seller's most recent owner's abstract or title insurance policy pertaining to the Property; (3) Copies of The most recent tax bills and assessments on the Property, including notices or any pending or contemplated bills /assessments on the Property; and (4) All plats, notices from governmental agencies, development orders, governmental resolutions and orders, and other agreements with public or private authorities relating to zoning, land use or developments of regional impact. In the event Buyer elects to terminate this Conuact or defaults under this Contract. Buyer shall return to Seller any of such items enumerated in this paragraph which Seller has famished to Buyer. AGEWA ITEs NOV 1 4.2000 pg._ 14 Sent by: BRYNWOOD CORPORATION 9415977517 06/02199 10:17AM Job 254 .. rny; !141 416 1810 — S11oaEI1NC C.oNal; 63 f KUM :GWOLEf(E. COLEMWJ 941 436 1216 1998.02 -Ira 16:61 Nage J/ 0088 I'.03/0b ACKNOW! FDGN ENT OF REAL FSTATE BRO. KEM: Buyer and Seller acknowledge that Dean Huff of Coldwcll Banker McFadden & Spowls is both the Listing Agent and the Selling Agent for this transaction. Seller agrees to pay a Ten Percent (10 %) broker commission to the real estate broker representing payment in full of all broker commissions due on this nancactiorl. Seller agrees to indemnify and hold Buyer harmless from any other brokers or finders fees claimed by any party. j l Buyei: Rich d omi o ems_ Date: Seller: Martj , Polito Date• NM-KR NOV 14 2000 Pg.� Sent by: BRYNWOOD CORPORATION 9415977517 06/02/99 10:19AM Job 2b4 iN.IUaY Vd fr�iil UU:J1 . \N()NfI 1Nr <:rlll!:1� • COLOYLLL BARKER COnnERC1AL RAPS `Wa 941261003/ 04/10/98 10 :26 r9 :02103 NO:001 hpn Iw,— NY OWNS$ . POUCY of THE INSURANU RnlnWarTidn INSURANCE COMPANY Policy Number PT.a. N9 ' 52181 AMOTINT 14,000.00 Penimulm Title Insorsoo Otter jamy, a Florida corporation, h cla oiled the Yiotmpny la a valuable torwidnaticn . IFEA[DY INSURFA . . NAT1lAN1EL A. POLITO and NART.IE POLI70, his wife heceinrhee called the Lyvw1, the kin. device. Presort) repevnutioe of such Insured, or, it a eve portion, its r,na a LY dissolution, ton=er or cvruolidatinn. spins, loss a d.mag not tweeding w w • PUMTMM THOUBAND AND NU /100 ♦ ♦ ♦ + lbllan, toyvtlset with tares, attorney's ha and eaperner WRlch the C9r9pany rra? Leconte obli6ated to pay at proHded in ehe C dititwt, and Stip.,atlons heed, Whlch she Inured &hall .,mi. by rrr.on ni any delect in or flan or encumbrance on the merle to the ewN a iourrOl coverad hereby in the land dwvlb.d or relensd sa In Schedoie A. c.ining at the date hereof, one *bower or reteried to in Sclnalule E or exdod d Lao coverage in Sc bedule B or it the Condi6mix and Stipulations: to OA of a rips of amts to and Irvin the land: all subject, however, to the provisions of Sdttdula A and B and W the Cadltlaw and Stipulation. her. io annexed: a0 as d the,18th day d 30 11 1911__ the electin data Of Ibis Polk?. IN WITNLSS WHXXXQF, Penlimulor Thar Irtwusrr Cmnpany has cauaeA in corporate name and seal 19 It, hereunto aBited by in duly audoslaed officers. teM IT "/ /�j /�J� rY�asonrolrss, E 6 00. l � `1 do Apt' hssWss S Ninth Street North less Florida 37940 AT . Pi't/tM px ,l E rage oil NOV 14 2000 ps Sent by: BRYNWOCD CORPORATION 9415977517 06/02/99 10:19AM Job 254 Page 717 . •n. :u: JUAM; 91126 'UOD SmRI�INf CUMS1 . -e COLDVELL 13ANKLR COMMERCIAL NAPS $ %12610037 , tOm1a1 A 1. Tbr retate m mtsrm in the I" duo +laid A, tefined to in thn d,eh,lr tuveted * this paliew p: FEE SDOIU f. Tide to the "Ute to iMnen tvveted b7 this palkj at the d„t hereaf .ated in the Itwved. 7. The land rdnred an in Wt polio) it sjousted in the County o(_Ca11<tr futt d —) LPr'gW- and is described u tvllosa: The North 112 of the Swth 1/2 of the SW 1/4 of the Nu 1/4, Section 18, Township 49 Stntth, Range 26 Feet, Collier Cotatty, Florida, b iwuted popoty -thin ia,aola rated Hry or sets.). N?. It yn OK —e - -- ....- icmm tae a This polo don ts,t in"vir apittw law Ot daaasgr Irr tewMMt of the Idln.ina: -� 1. Cenral and special tats+g for the year 1971 and sobsequane yearn, 2. Rights or clams of partiea other then the inured In actual posaesaton of any or all of the property. 3, t)nracorded assdente, if any, on, above or below, the ..dace'. end Any ,to diacrepenctaa or o °vhimhta lines Am in.peetiOn9ef •roes Or antrowChoante, the preui•ee v mld disclose. 4, popsible unfilaid oathanics' and usterlalsua't liens. S. The affect of ewnicipel zoning nrdinencet. 6. Lasettent over the Vest 30 feet of captioned land for road right -cf- vay purposes. 7 gee ndtmiinarAl rights in c ptimoda lands together with i the hright � to Xplor*, drill, wimp and develop the sari*, 8, flint certain uortp,Age glean from listhantel A, Polito, at aattr to lollies 11. ",,wton, K =, and recorded in OR book 394, page 659, ,I the of b is , ecoxil of Collier County, Fiortda . -io the OT199tael N0.Q( Nov 14 2000 pg. ORDINANCE NO. 2000- AN ORDINANCE AMENDING ORDINANCE NUMBER 91 -102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 9618N; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURAL TO 'PUD" PLANNED UNIT DEVELOPMENT KNOWN AS BRYNWOOD PRESERVE PUD FOR A MAXIMUM OF 160 RESIDENTIAL DWELLING UNITS FOR PROPERTY LOCATED ON THE EAST SIDE OF THE FUTURE LIVINGSTON ROAD,' /. MILE SOUTH OF PINE RIDGE ROAD (CR -896), IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 29.26 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, William Hoover, AICP, of Hoover Planning, representing Brynwood Preserve, Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE - The zoning classification of the herein described real property located in Section 18, Township 49 South, Range 26 East, Collier County, Florida, is changed from "A" Rural Agricultural to 'PUD" Planned Unit Development in accordance with the Brynwood Preserve PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Number 9618N, as described in Ordinance Number 91 -102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO- This Ordinance shall become effective upon filing with the Department of State. No. gQI) NOV 14 2000 Pg, c!I PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this _ __ day of _ '2000. ATTEST: DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency Marjo M. Student Assistant County Attorney PUD -99 -20 ORDINANCURB /t BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA James D. Carter, Ph.D, CHAIRMAN -2- NOV 14 2000 BRYNWOOD PRESERVE PUD A PLANNED UNIT DEVELOPMENT PREPARED FOR: DAVID BRAVERMAN, PRESIDENT BRYNWOOD PRESERVE, INC. 4110 ENTERPRISE AVE., SUITE 214 NAPLES, FLORIDA 34104 PREPARED BY: WILLIAM L. HOOVER, AICP HOOVER PLANNING & DEV., INC. 3785 AIRPORT ROAD NORTH, SUITE B NAPLES, FLORIDA 34105 and CHRISTOPHER O. WRIGHT, P.E. /BRYAN MILK RWA, INC. 3050 NORTH HORSESHOE DRIVE, SUITE 270 NAPLES, FLORIDA 34104 DATE FILED July 28. 1999 DATE REVISED September 27. 2000 DATE REVIEWED BY CCPC September 21, 2000 DATE APPROVED BY BCC ORDINANCE NUMBER A#-LMA ITEM No- NOV 14 2000 pg. TABLE OF CONTENTS PAGE TABLE OF CONTENTS i LIST OF EXHIBITS ii STATEMENT OF COMPLIANCE 1. SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 2 SECTION 11 PROJECT DEVELOPMENT REQUIREMENTS 4 SECTION III RESIDENTIAL AREAS PLAN 7 SECTION IV PRESERVE AREAS PLAN 11 SECTION V DEVELOPMENT COMMITMENTS 12 d Nay__ NOV 14 2000 pg•� LIST OF EXHIBITS EXHIBIT "A" PUD MASTER PLAN EXHIBIT "B" PUD WATER MANAGEMENT PLAN TNOV 14 2000 PQ. STATEMENT OF COMPLIANCE The development of approximately 29.26± acres of property in Collier County, as a Planned Unit Development to be known as Brynwood Preserve PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The residential facilities of the Brynwood Preserve PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as described in Objective 2 of the Future Land Use Element. 2. The project development is compatible and complimentary to surrounding land uses as required in Policy 5.4 of the Future Land Use Element, 3. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 of the Future Land Use Element. 4. The project development will result in an efficient and economical allocation of community facilities and services as required in Policies 3.1.H and 3.11 of the Future Land Use Element. S. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub - Element of the Public Facilities Element. 6. The project is located within the Residential Density Band of the Urban Residential Mixed Use District around the Pine Ridge Road - Interstate 75 Activity Center, on the Future Land Use Map. The 160 projected units on 29.26± acres results in a density of 5.47 dwelling units per acre, which is in compliance with the Future Land Use Element of the Growth Management Plan based on the following relationships to required criteria: Land Within Residential Density Band Base Density 4 dwelling units /acre Activity Center Density Band +3 dwelling units /acre Maximum Permitted Density 7 dwelling units /acre 7. All final local development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code. I r" No:, La NOV 14 Zppp PH. �7 0� SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Brynwood Preserve PUD. 1.2 LEGAL DESCRIPTION The subject property being 2926± acres, and located in Section 18, Township 49 South, Range 26 East, and is more fully described as: The North 1/2 of the South 1/2 of the SW 1/4 of the NW 1/4 and the North 1/2 of the SW 1/4 of the NW 114 of Section 18, Township 49 South, Range 26 East, Unincorporated Collier County, Florida. 1.3 PROPERTY OWNERSHIP All of the property is under sales contract held by: David Braverman, President, Brynwood Preserve, Inc., 4110 Enterprise Avenue, Suite 214, Naples, Florida 34104. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located on the eastern side of Livingston Road, approximately 1/4 mile south of Pine Ridge Road (unincorporated Collier County), Florida. B. The entire project site currently has Agricultural Zoning and is proposed to be rezoned to PUD. 1.5 PHYSICAL DESCRIPTION The project site is located within the 1 -75 Golden Gate Canal Drainage Basin according to the Collier County Drainage Atlas. The proposed outfall for the project is the existing drainage ditch located on the western side of the existing access road. Future plans for Livingston Road call for a 30 -foot drainage easement to be located on the western boundary of this PUD. Upon completion of the Livingston Road improvements, stormwater discharge from the site will be directed to the roadside ditch. The peak discharge rate from the design storm 2 r"'_° -° Mr � NOV 14 2000 pg--� -_ will be limited to 0.15 cubic feet per second /acre per Collier County Ordinance No. 90 -10. Natural ground elevation averages 10.1 NGVD. The entire site is located within FEMA Flood Zone "X" with no base flood elevation specified. The water management system for the project proposes the construction of a perimeter berm with crest elevation set at or above the 25 -year, 3 -day peak flood stage. Water quality pretreatment is proposed in the on -site lake system prior to discharge to the wetland preserve areas. The water management system will be permitted by South Florida Water Management District ( SFWMD) through the Environmental Resource Permit process. All rules and regulations of SFWMD will be imposed upon this project including but not limited to: storm attenuation with a peak discharge rate of 0.15 cfs /acre; minimum roadway centerline, perimeter berm and finished floor elevations; water quality pre- treatment; and wetland hydrology maintenance. The predominant soil type found within the limits of the property is SCS 3 - Malabar Fine Sand. This soil type is generally found on the entire site with the exception of the southwest corner of the project. The second type of soil found on this parcel is SCS 2 - Holopaw Fine Sand, Limestone Substratum. The site vegetation consists primarily of FLUCCS Code 642M2 and 642M3 - Cypress- Pine - Cabbage Palm/Melaleuca Invaded and FLUCCS Code 621M2 - Cypress /Melaleuca Invaded. Most of the project site is likely to be considered jurisdictional wetlands. The project as proposed will incorporate wetland preserve areas maintained in a contiguous arrangement. 1.6 PROJECT DESCRIPTION The Brynwood Preserve PUD is a project comprised of a maximum of 160 residential units. Recreational facilities will be provided in conjunction with the dwelling units. Residential land uses, recreational uses, and signage are designed to be harmonious with one another in a natural setting by using common architecture, quality screening /buffering, and native vegetation, whenever feasible. 1.7 SHORT TITLE This Ordinance shall be known and cited as the 'Brynwood Preserve Planned Unit Development Ordinance ". W NOY 14 2000 Pg. 51.e SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Brynwood Preserve PUD shall be in accordance with the contents of this document, PUD - Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. C. All conditions imposed and graphic material presented depicting restrictions for the development of the Brynwood Preserve PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. D. All applicable regulations, unless specifically waived, modified, or excepted by this PUD Document, shall remain in full force and effect. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15 Adequate Public Facilities of the Collier County Land Development Code at the earliest or next to occur of either Final Site Development Plan approval, Final Plat approval, or building permit issuance applicable to this development. 4 AGENDA ITEN No .Z�LD p( NOV 1 4 2000 Pg. S9 2.3 DESCRIPTION OF LAND USES The project is intended to be a residential project for up to 160 units. 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. The general configuration of the land uses are illustrated graphically on Exhibit "A ", PUD Master Plan, which constitutes the required PUD Development Plan. Any division of the property and the development of the land shall be in compliance with the PUD Master Plan, Division 3.2,' Subdivisions of the Land Development Code, and the platting laws of the State of Florida. B. The provisions of Division 3.3, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 prior to the issuance of a building permit or other development order. C. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications to Collier County and the methodology for providing perpetual maintenance of common facilities. 2.5 MODEL UNITS AND SALES FACILITIES A. In conjunction with the promotion of the development, residential units may be designated as models. Such model units shall be governed by Section 2.6.33.4 of the Collier County Land Development Code. B. Temporary sales trailers and construction trailers can be placed on the site after Site Development Plan approval subject to the requirements of Section 2.6.33.3 of the Land Development Code. 2.6 PROVISION FOR OFF -SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stock - piling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. If there is a surplus of earthen material after consideration of on -site fill activities, then its off -site disposal is also hereby permitted subject to the following conditions: A. Excavation activities shall comply with the definition of a "Development Excavation" pursuant to Section 3.5.5.1.3 of the Land Development Code, s NOV 14 2000 pc 66 whereby off -site removal shall be limited to 10% of the total volume excavPted but not tc exceed 20,000 cubic yards. B. All other provisions of Division 3.5, Excavation of the Land Development Coae shall apply. R rdo, 0 NOV 14 2000 PQ. SECTION III RESIDENTIAL AREAS PLAN 3.1 PURPOSE The purpose of this Section is to identify specific development standards for the Residential Areas as shown on Exhibit "A", PUD Master Plan. 3.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units within the PUD shall be 160 units. 3.3 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Single- family dwellings. 2. Two - family dwellings (includes duplexes). 3. Multi- family dwellings (includes townhouses, garden apartments, villas, coach homes, and carriage homes). 4. Any other use deemed comparable in nature by the Development Services Director. B. Permitted Accessory Uses and Structures: 1. Customary accessory uses and structures associated with the permitted principal uses including garages, and utility buildings. 2. Recreational uses and facilities including swimming pools, tennis courts, volleyball courts, children's playground areas, tot lots, boat docks, pitching and putting golfing facilities, walking paths, picnic areas, recreation buildings, verandahs, and basketball /shuffle board courts. 7 NOV 14 2000 PQ. 3. Manager's residences and offices, temporary sales trailers, and model units. 4. Gatehouse and entrance features. 5. Essential services, including interim and permanent utility and maintenance facilities. 6. Any other accessory use deemed comparable by the Development Services Director. 3.4 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the Brynwood Preserve PUD. Front yard setbacks in Table I shall be measured as follows: 1. If the parcel is served by a public or private right -of -way, the setback is measured from the adjacent right -of -way line. 2. If the parcel is served by a non - platted private drive, the setback is measured from the back of curb or edge of pavement. If the parcel is served by a platted private drive, the setback is measured from the road easement or property line. (a) Carports are permitted within parking areas. (b) Garages are permitted at the edge of vehicular pavement which provides access to a designated parking space; however, garages shall use a parking apron of at least fifteen (15) feet separating the garage from the edge of curb on a private right -of -way without sidewalks or fifteen (15) feet from a sidewalk. g AGENDA ITEM Na_daj�f a NOV 14 2000 'g -.�_ TABLE RESIDENTIAL DEVELOPMENT STANDARDS STANDARDS Minimum Lot Area (per unit) Minimum Lot Width Front Yard Setback Side Yard Setback 1 Story 2 Story Rear Yard Setback Principal Structure Accessory Structure PUD Boundary Setback Principal Structure Accessory Structure Lake Setback (5) Wetland Preserve Area Setback )istance Between Structures Main/Principal 1-Story 2 -Story Pool Enclosures Other Accessory Structures Maximum Height: Principal Building Accessory Building Minimum Floor Area SINGLE - FAMILY TWO- FAMILY MULTI - FAMILY 4,500 Sq. Ft. 4,000 Sq. Ft. 1 Acre 40' Interior Lots (2) 72' Interior Lots (2) 150' (36') Interior Lots 55' Corner Lots (3) 86' Corner Lots (2) (50) Comer Lots (3) 20' 20' 20' 5,(1) 6' Greater of 7.5' or 112 BH 5,(1) 6' Greater of 10' or 1/2 BH 15' 15' 15' 10' 10'(4) 10' 15' 15' 15' 10' 10' 10' 20' 20' 20' 25' 25' 25' 10' 12' Greater of 15' or 112 SBH 10' 12' Greater of 20' or 1/2 SBH 0' 0' 10' 10' 10' 10' 35' and 2 stories 35' and 2 stories 35' and 2 stories 20' /Clubhouse 35' 20' /Clubhouse 35' 20' /Clubhouse 35' 1200 Sq. Ft. 1100 Sq. Ft. 1 bedroom = 650 Sq. Ft. 2 Bedroom = 900 Sq. Ft. 3 Bedroom = 1100 Sq. Ft. (1) Patio homes shall have the option of being centered on their lots with windows on all sides with a minimum 10 -foot building separation. (2) May be reduced on cul -de -sac lots upon approval by the Director of Planning. (3) Minimum lot frontage in parenthesis applies in cases where each dwelling unit in a 2- family structure is on its own individually platted lot. (41 Pool enclosures shall have the option of being built up to the lake maintenance easement boundary. (5) Lake set backs are measured from the control elevation established for the lake. BH refers to "Building Height ". SBH refers to "Sum of Building Heights ". NOV 14 2000 P¢. b_ B. Off - Street Parking and Loading Requirements: As required i.y Division 2.3 of the Land Development Code in effect Et. the time of building permit application. C. Open Space /Natural Habitat Preserve Area Requirements: 1. A minimum of sixty (60) percent open space, as described in Section 2.6.32 of the Land Development Code, shall be provided on -site. 2. A minimum of twenty-five (25) percent (6.3 acres) of the viable naturally functioning native vegetation on -site (natural habitat preserve area), including both the understory and the ground cover emphasizing the largest contiguous area possible, shall be retained on -site, as described in Section 3.9.5.5.3 of the Land Development Code, or the landscape plan shall re- create a native plant community in all three (3) strata with larger -sized planting materials, as described in Section 3.9.5.5.4 of the Land Development Code. D. Landscaping and Buffering Requirements: 1. Landscape buffers shall be provided per Section 2.4.7 of the Land Development Code. E. Architectural Standards 1. All buildings, lighting, signage, and landscaping shall be architecturally and aesthetically unified. Said unified architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and fences /walls to be erected on all of the subject parcels. Landscaping and streetscape materials shall also be similar in design throughout the subject site. All roofs, except for carports, shall be peaked and finished in tile, metal, or architectural designed shingles (such as Timberline). F. Signs Signs shall be permitted as described within Division 2.5 of the Collier County Land Development Code in effect at the time of building permit application. io R NOV 14 2000 Pg -� SECTION IV PRESERVE AREAS PLAN 4.1 PURPOSE The purpose of this Section is to identify specific development standards for the Preserve Areas as shown on Exhibit "A ", PUD Master Plan. 4.2 PERMITTED USES Clearing for permitted uses is allowed provided that a minimum of 6.3 acres of native vegetation is retained or replanted with the PUD. No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Passive recreational areas including recreational shelters. 2. Biking, hiking, and nature trails, and boardwalks. 3. Water management facilities and essential services. 4. Native preserves and wildlife sanctuaries. 5. Supplemental landscape planting, screening and buffering within the Natural Habitat Preserve Areas, after the appropriate environmental review. 6. Any other use deemed comparable in nature by the Development Services Director. 11 AGENDA ITEM NaL?LBLa� NOV 14 2000 Pa• --�_ SECTION V DEVELOPMENT COMh..TMENTS 5.1 PURPOSE The purpose of this Section is to set forth the commitments for the development of this project. 5.2 GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD, in effect at the time of Final Plat, Final Site Development Plan approval or building permit application as the case may be. Except where specifically noted or stated otherwise, the standards and specifications of the official County Land Development Code shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns, shall be responsible for the commitments outlined in this document. The developer, his successor or assignee, shall follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee is subject to the commitments within this Agreement. 5.3 PUD MASTER PLAN A. Exhibit "A ", PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as Final Platting or Site Development Plan approval. Subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. 12 AGENDA NOV 14 2000 pg. /. Z 5.4 5.5 SCHEDULE OF DEVELOPMENT /MONITORING REPORT A Site Developmert Plan shall be submitted per County regulations in effect at time of site plan submittal. The project is projected to be completed in one (1) or two (2) or three (3) phases. A. The landowners shall proceed and be governed according to the time limits pursuant to Section 2.7.3.4 of the Land Development Code. B. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. ENGINEERING A. This project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. B. Design and construction of all improvements shall be subject to compliance with appropriate provisions of the Collier County Land Development Code, Division 3.2, Subdivisions. C. The landowners shall coordinate with the Collier County Public Works Engineering Department and the Real Property Department concerning the project access onto the Livingston Road Corridor. 5.6 WATER MANAGEMENT A. A copy of the South Florida Water Management District ( SFWMD) Surface Water Permit Application shall be sent to Collier County Development Services with the Subdivision Plat and Construction Plan and /or SDP submittal. A copy of the approval of this SFWMD Surface Water Permit shall be submitted prior to Site Development Plan Approval. B. An Excavation Permit will be required for any proposed lakes in accordance with Division 3.5 of the Collier County Land Development Code and SFWMD Rules. C. Lake setbacks from the perimeter of the PUD may be reduced to twenty - five (25) feet where a six (6) foot high fence or suitable substantial barrier is erected. 13 NOV 14 2000 5.7 UTILITIES A. Water distribution, sewage collection and transmission and nterim water and /or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 97 -17, as amended, and other applicable County rules and regulations. B. No on -site central sewage collection, treatment and disposal systems shall be permitted. 5.8 TRAFFIC A. The applicant shall be responsible for the installation of arterial level street lighting at all project entrances. Installation shall be in place prior to the issuance of any certificates of occupancy. B. Road Impact Fees shall be paid in accordance with Ordinance 92 -22, as amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. C. The applicant shall dedicate a minimum of 10 feet of compensating right - of -way to Collier County for the right -turn lane, prior to the issuance of any Certificates of Occupancy. No impact fee credits will be considered for this dedication. 5.9 PLANNING A. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. B. A pathway (6 -foot minimum width) shall be provided along the main entry road to interconnect the common facilities (in essence, the clubhouse and tennis courts), intersecting side streets, and Livingston Road, and shall be maintained by the homeowners' association. 5.10 ENVIRONMENTAL A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and AULNDA ITEM 14 Na ,.ci i q NOV 11 42200000 PQ._/,� r approval by the Current Planning Environmental Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. B. All conservation areas shall be designated as conservation /preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. In the event the project does not require platting, all conservation areas shall be recorded as conservation /preservation tracts or easements dedicated to an approved entity or to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Section 704.06 of the Florida Statutes. C. An exotic vegetation removal, monitoring, and maintenance (exotic -free) plan for the site, with emphasis on the conservation /preservation areas, shall be submitted to Current Planning Section Staff for review and approval prior to Final Site Development Plan /Construction Plan approval. This plan shall include methods and a time schedule for removal of exotic vegetation within conservation /preservation areas. 15 AGENDA NOV 14 2000 Pg. �v_ i I111111t 1]P IIMmIM "NC MOMfY -M 1 k k k -- Pill ;f --- --- --- )I Al" k - �� Till it zmm loll i� I AGENDA ITEM MF oil j NOV 14 2000 x M :I � i ' I NORTH Pai ;V OMM9-� �iv�nsro�v�oAn R�YTA�` r� CGAI'E%IW. WRIERRW1Kll.CN(fl.AN �nA� ✓^IIVrrVV✓ M� 1 I �® EbOI(C .L fMldhib ice-• wrwr�ti.� ..erm•.+ PIN IIN,1 1 IMI I .; 1i��1 �a ' r (. s i'RE `S M h iiei 'wnt M 1i• 11..N1eM `W 1pna_A1 --------- Lj I II II 'k • i6 I I Rp I:. iii I B e ail j 1 . N A(e,ENpA ITEM �a e NORTH NOY 14 20t. r.n a �DI?t1J4Y00C� .VNKOWfGlKLGYRCN( IIVINGStONROAI7 RUN Pe• I _ �,�'M ""` M15fER SIiG H.NJ I'iRl� I �� i a x� I G0D1 "A^ • tl iEnWmmatW CaWhis ►�.�.........iw.w�.� rw�. +war EXECUTIVE SUMMARY PUD -97- 18(1), KAREN K. BISHOP OF PMS INC. OF NAPLES, REPRESENTING VANDERBILT PARTNERS II, LTD., REQUESTING A REZONE FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT AND "RMF -12 ST (3)" AND "RMF -6 ST (3)" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE DUNES PUD FOR THE PURPOSE OF AMENDING ORDINANCE NO. 98 -24 AND HAVING THE EFFECT OF INCREASING THE ACREAGE FROM 88.55± TO 188.55±, INCREASING RESIDENTIAL DWELLING UNITS FROM 531 TO A MAXIMUM OF 704, DECREASING GROSS DENSITY FROM 6 DWELLING UNITS PER ACRE TO 3.73 DWELLING UNITS PER ACRE, SHOWING A CHANGE IN PROPERTY OWNERSHIP, INCREASING BUILDING HEIGHT TO 150 FEET, ADDING RESTAURANTS, AND SIMILAR USES AS ACCESSORY USES, INCREASING OPEN SPACE FROM 53 ACRES TO 166 ACRES, FOR PROPERTY LOCATED ON THE NORTHWEST CORNER OF BLUEBILL AVENUE (C.R. 846) AND VANDERBILT DRIVE (C.R. 901), IN SECTION 20, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 188.55± ACRES. OBJECTIVE: That the Board of Collier County Commissioners render a decision relative to a petition to amend the Dunes PUD, and to add by a rezoning action from RMF -12 ST (3) and RMF -6 ST (3) to PUD approximately 100 acres of land to the Dunes PUD for the purpose of increasing the authorized number of dwelling units and to revise development standards. CONSIDERATIONS: The Dunes PUD is located at the northwest quadrant of Bluebill Avenue and Vanderbilt Drive. The additional land is located immediately north and contiguous to the current Dunes PUD lying on the west side of Vanderbilt Drive. The Dunes PUD as amended proposes the addition of 100 acres to the current PUD in which 531 dwelling units are authorized. The PUD master plan is amended to show the consolidated area in which 704 dwelling units are proposed in multi - family high rise and low rise structures. Additionally, the PUD makes provisions for accessory and subordinate commercial development to include restaurant facilities to serve club members and guests as well as supporting and accessory recreation amenities for each residential project as they are developed. High rise structures are proposed at 150 feet above mean flood elevation. The master plan designates 145.31 acres as preserve areas, which represents 77% of the site. 0 NOV t 4 2000 Pg._�- The subject property is located within the Urban Residential -Mixed Use designation area of the FLUE. The urban residential area allows all manner of residential housing structure types, certain essential services, associated recreational uses and other uses normally found in residential neighborhoods such as churches, schools, day care center and the like subject to conditional approval. The Dunes as proposed is entirely to be developed as a residential community of multi - family structures together with supporting and accessory recreation amenities including boating facilities, with the exception of a parking lot that will be owned by the County for beach goers. The PUD also purports to permit certain commercial uses that are intended to serve project residents. To that extent they are consistent with the FLUE. The current Dunes PUD is vested for 531 dwelling units. The area to be added qualifies for up to 300 dwelling units based on the current zoning of RMF -12 ST (3) (i.e. 100 acres x 3). The application requests an additional 173 dwelling units well below the density that may be allowed under the current zoning classification. To this extent the petition is consistent with the density provisions of the FLUE. Based on the ITE Trip Generation Manual, the 173 additional multi - family condo units will generate approximately 947 trips over the amount that can currently be generated. As a result, the difference in the site generated traffic between the existing zoning and the proposed amendment will not exceed the significance test standard (5 percent of the LOS "C" design volume) on Vanderbilt Drive (C.R. 901). Therefore, this petition is consistent with Policies 5.1 and 5.2 of the Transportation Element. A review of the project for consistency with environmental policies, objectives and LDC requirements advise that the petition is consistent with these provisions (see EAC report). Of the total 188.56 acre site 145.31 acres of mangroves, mixed hardwood wetlands, pine flatwoods, dune scrub habitat, and a portion of waterway of Turkey Bay will be preserved and enhanced. This represents approximately 77% of the site, far in excess of the Land Development Code (LDC) requirements for open space. The proposed project is consistent with the Open Space/Recreation and the Conservation and Coastal Management element. The PUD is consistent with the Sanitary Sewer and Potable Water sub - elements of the GMP as it incorporates the use of county sanitary sewers and potable water facilities. The project is designed in accordance with and is subject to approval of the SWFWMD and as such is consistent with the Drainage sub - element. It is important to recognize that the land which is the subject of this petition, including the added land, was and is zoned for an urban use. All of the properties included in this petition are zoned for multi- family housing. In essence this petition does nothing to change what is now allowed but rather introduces a different set of development standards than those that apply to the RMF -12 district. Those standards for all practical purposes are important solely because they purport to allow taller buildings than are currently allowed under the RMF -12 regulations. NOV 14 2000 P '_;� Relative to the current Dunes PUD, building heights are established at twelve (12) stories above mean flood elevation, while the existing RMF -12 zoning on the land to be added allows a maximum height of fifty (50) feet (this could equate to five (5) stories). The amendment to the current PUD, as consolidated and expanded, purports to allow fifteen (15) story buildings above the mean flood elevation on a specified tract of land for a maximum building height of 150 feet from the required flood elevation. The development proposed by this petition was the subject of a public informational forum held by the petitioner on September 14, 2000. The meeting was well attended (i.e. approximately 150 persons) and generally the thrust of concerns expressed by people in attendance were that conditions in the area justified delaying further growth. Following our formal public notice procedures a number of communications were received in opposition to this project. Copies of these communications are included with this executive summary. FISCAL IMPACT: This PUD by and of itself will not have a fiscal impact on the County. However, if this request meets its objective, a portion of the existing land will be developed. The mere fact that new development has been approved will result in a future fiscal impact on County public facilities. Impact Fees Residential Units Park Impact Fee: ................................ 821 X 704 = Library Impact Fee: ............................. 180.52 X 704 = Fire Impact Fee: ................................. 0.15 X 704 = School Impact Fee: .............................. 827 X 704 = Road Impact Fee: ............. .................. 1890 X 704 = Radon Impact Fee: .............................. .005 /sq. ft. X 1500 X 704 = EMS Impact Fee: ................................ 2.00 X 704 = Bldg. Code Admin.: .............................. . 005/sq. ft. X 1500 X 704 = Micro Film Surcharge: ........................... 2.00 X 704 = Correctional Facilities ............................ 117.98 X 704 = Rounded 577,984 127,086 106 582,208 1,330,560 5,280 1,408 3,280 1,408 83.058 $2,700,000 In addition to the impact fees described there are building permit review fees and utility fees associated with connecting to the County's sewer and water system. Building permit fees have traditionally offset the cost of administering the community development review process, whereas utility fees are based on their proportionate share of impact to the County system. NOV i 4 2000 Pa. _� Impact fees are currently being reviewed to determine if adjustments are required to more accurately reflect the impact of particular development on County provided services. Finally additional revenue is generated by application of ad valorem tax rates. The revenue that will be generated by the ad valorem tax depends on the value of the improvements. The above discussion deals only with revenue streams. A fiscal impact analysis is incomplete without an estimate of public costs that will be generated by a particular land use development project. Impact fees as well as ad valorem taxes are intended to provide sufficient revenue to off -set the costs of providing government services and capital improvements that are a direct result of this project. It should be appreciated that notwithstanding the fiscal impact relationship, development takes place in an environment of mandated concurrency. When Level of Service requirements fall below their adopted standard a mechanism is in place to bring about a cessation of building activity. Certain LOS standards apply countywide versus roads, which may have geographic concurrency implications. GROWTH MANAGEMENT IMPACT: Petitions deemed to be consistent with all provisions of the Growth Management Plan can not have an impact on the Collier County Growth Management Plan. This petition was reviewed for consistency and was found to be consistent with all provisions of the Growth Management Plan. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.1 of the 3.15 of the Collier County Land Development Code. HISTORICAL /ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no Historical /Archaeological Survey and Assessment is required. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommended approval of this petition following an extensive analysis and request for modifications, which were favorably responded to by the petitioner. Approval of this petition will cause a reservation of fifteen (15) feet of property along Vanderbilt Drive for future purposes associated with right -of -way expansion. This addition ROW was not required when the original Dunes PUD was approved. Therefore, this amended petition offered an opportunity to correct this action. The added right -of -way will serve to accommodate underground utilities, roadway landscaping, sidewalks, and street lighting. An additional twenty-five (25) feet of land along Vanderbilt Drive is committed to landscaping thus in effect establishing thirty -five (35) feet of landscaping along the west side of Vanderbilt Drive. AGENDA NOV 14 2000 ENVIRONMENTAL ADVISORY COUNCIL: The EAC heard this petition on September 6, 2000. They unanimously recommended approval subject to stipulations, which have been incorporated into the PUD regulatory document. COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission heard this petition on November 2, 2000. Due to the proximity of this hearing date to that of the Board of County Commissioners, and required timing for preparation of executive summaries the recommendation of the Collier County Planning Commission will be erbally conveyed to the Board of County Commissioners on November 14, 2000. PREPARED B�: RO D F. I , AICP 15ATE CURRENT PLANNING MANAGER REVIEWED BY: ROBERT J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR APPROVED BY: J AN M. D NNUCK, III IN �ERIM ADMINISTRATOR COMMUNITY DEV g/admin/PUD- 97- 18(1) /RN /im �- DATE IIti2- lCC� DATE AND ENVIRONMENTAL SVCS. NOV 14 2000 Pg. 5 i�i�IuTC17 7��tuT1 I COLLIER COUNTY PLANNING COMMISSION I .OM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES D %TE: September 15, 2000 R:: PETITION NO: PUD- 97- 18(1), THE DUNES O WNER/AGENT: Agent: Karen Bishop PMS Inc. of Naples 2335 N. Tamiami Trail, Suite 408 Naples, FL 34103 Owner: Vanderbilt Partners II, Ltd. 551 Ridgewood Drive, Suite 203 Naples, FL 34108 REQUESTED ACTION: That the Board of Collier County Commissioners render a decision relative to a petition to amt he Dunes PUD, and to add by a rezo, ,g action from RMF -12 ST (3) and RMF -6 ST (3) tc JD approximately 100 acres of land to t: Junes PUD. GEOGRAPHIC LOCATION: e Dunes PUD is located at the nort 'idrant of Bluebill Avenue and Vanderbilt Drive. he litional land is located immediately i. contiguous to the current Dunes PUD lying c he st side of Vanderbilt Drive (See locatiot fol` )wing page). 1 T �3 �It 4 2000 �wu 7 if a Q W F- N oe W N 1� - P 2 O H H W d l i ■ IIIII 11111 ��u�� _ C: �wu 7 if a Q W F- N oe W N 1� - P 2 O H H W d l i PURPOSE/DESCRIPTION OF PROJECT: The Dunes PUD as amended proposes the addition of 100 acres to the current PUD in which 531 dwelling units are authorized. The PUD master plan is amended to show the consolidated area in which 704 dwelling units are proposed in multi - family high rise and low rise structures. Additionally, the PUD makes provisions for accessory and subordinate commercial development to include restaurant facilities to serve club members and guests as well as supporting and accessory recreation amenities for each residential project as they are developed. High rise structures are proposed at 150 feet above mean flood elevation. The master plan designates 145.31 acres as preserve areas, which represents 77% of the site. SURROUNDING LAND USE AND ZONING: Existing: The current Dunes PUD is under development for the planned uses. Three (3) twelve (12) story residential structures and supporting infrastructure are under construction. Added Area: The land to be added to the Dunes PUD is undeveloped and zoned RMF -12 ST (3) and RMF -6 ST (3). Surrounding: North - To the north the land is undeveloped and developed. The undeveloped property is zoned RMF -12 ST (3) while the developed site is a multi - family condominium project fronting on Vanderbilt Drive which is zoned RMF -6 ST (3) (i.e. Harborage). East - To the east lies Vanderbilt Drive. Starting north to south along Vanderbilt Drive development includes Collier Tract 21 PUD (golf course), Vanderbilt Villas, Northshore Lake Villas and Naples Memorial Gardens. South - The Dunes is bounded on the south by Bluebill Avenue. On the south side of Bluebill Avenue lies Connor's Park, a county park facility. The land is zoned RMF -6. Further south lies the Vanderbilt Beach development, all of which is, zoned RSF -3. 2 NOV 1 . 4 2000 West - To the west lies the Turkey Bay waterway while west of the waterway lies a high rise multi- family community referred to as Vanderbilt Surf Colony. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: Land Use: The subject property is located within the Urban Residential -Mixed Use designated area of the FLUE. The urban residential area allows all manner of residential housing structure types, certain essential services, associated recreational uses and other uses normally found in residential neighborhoods such as churches, schools, day care center and the like subject to conditional approval. The Dunes as proposed is entirely to be developed as a residential community of multi - family structures together with supporting and accessory recreation amenities including boating facilities, with the exception of a parking lot that will be owned by the County for beach goers. The PUD also purports to permit certain commercial uses that are intended to serve project residents. To that extent they are consistent with the FLUE. Density: The current Dunes PUD is vested for 531 dwelling units. The area to be added qualifies for up to 300 dwelling units based on the current zoning of RMF -12 ST (3) (i.e. 100 acres x 3). The application requests an additional 169 dwelling units well below what is otherwise afforded by the current zoning classifications. To this extent the petition is consistent with the density provision of the FLUE. Traffic Element: Based on the ITE Trip Generation Manual, the 169 additional multi - family condo units will generate approximately 947 trips over the amount that can currently be generated. As a result, the difference in the site generated traffic between the existing zoning and the proposed amendment will not exceed the significance test standard (5 percent of the LOS "C" design volume) on Vanderbilt Drive (C.R. 901). Therefore, this petition is consistent with Policies 5.1 and 5.2 of the Transportation Element. The PUD Master Plan is consistent with the applicable policies of the Transportation Element of the GMP. Please note that the final traffic circulation system will be reviewed at the time of site development plan review or preliminary subdivision plat review (whichever is required). Conservation and Coastal Management Element: Objective 2.2.2 of the Conservation and Coastal Management Element of the Growth Management Plan states "All canals, rivers, and flow ways discharging into estuaries shall meet all applicable federal, state, or local water quality standards." 3 2000 r ti To accomplish that, policy 2.2.2 states "In order to limit the specific and cumulative impacts of stormwater runoff, stormwater systems should be designated in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity, and quality of fresh water (discharge) to the estuarine system" This project is consistent with the objectives of policy 2.2.2 in that it attempts to mimic or enhance the quality and quantity of water leaving the site by utilizing lakes and interconnected wetlands to provide water quality retention and peak flow attenuation during storm events. With regard to native vegetation preservation and wetland issues, the following Objectives and Policies apply: Objective 6.2 states, "There shall be no unacceptable net loss of viable naturally functioning marine and fresh water wetlands, excluding transitional zone wetlands which are addressed in Objective 6.3" Policy 6.2.10 states, "Any development activity within a viable naturally functioning freshwater wetland not part of a contiguous flow way shall be mitigated in accordance with current SFWMD mitigation rules. Mitigation may also include restoration of previously disturbed wetlands or acquisition for public preservation of similar habitat." Policy 6.2.13 states, "Proposed development on parcels containing viable naturally functioning freshwater wetlands shall cluster development to maintain the largest contiguous wetland area practicable and shall be designed to disturb the least amount of native wetland vegetation practicable and to preserve the pre - development hydroperiod." Objective 6.3 states, "A portion of the viable, naturally functioning transitional zone wetlands shall be preserved in any new non - agricultural development unless otherwise mitigated through the DEP and the COE permitting process and approved by the County." Objective 6.4 states, "A portion of each viable, naturally functioning non - wetland native habitat shall be preserved or retained as appropriate." Policy 6.4.6 states, "All new residential developments greater than 2.5 acres in the Coastal Area and greater than 20 acres in the Coastal Urban Area shall retain 25% of the viable naturally functioning native vegetation on site, including both the under -story and the ground cover emphasizing the largest contiguous area possible. When several different native plant communities exist on site, the development plans will reasonably attempt to preserve examples of all of them if possible. Areas of landscaping and open space, which are planted with native plant species, shall be included in the 25% requirement considering both under -story and ground cover. A,GEt4o t. IT 4 N,__)1 ' 4 2000 ,g_ /n Where a project has included open space, recreational amenities, or preserved wetlands that meet or exceed the minimum open space criteria of Collier County, this policy shall not be construed to require a larger percentage of open space set aside to meet the 25% native vegetation policy. This policy shall not be interpreted to allow development in wetlands, should the wetlands alone constitute more than 25% of the site. Exceptions shall be granted for parcels that cannot reasonably accommodate both the native vegetation and the proposed activity." This petition is consistent with staffs policy, as directed by the Board of County Commissioners, to allow for impacts to jurisdictional wetlands when State and Federal agency permits are issued. The petition is consistent with Objective 6.4 in that it provides for 25% on -site native vegetation preservation pursuant to policy 6.4.6. Open Space/Recreation Element: Of the total 188.56 acre site 145.31 acres of mangroves, mixed hardwood wetlands, pine flatwoods, dune scrub habitat, and a portion of water, Turkey Bay will be preserved and enhanced. This represents approximately 77% of the site far in excess of what is otherwise required for open space preservation and therefore consistent with this element. Water, Sewer, Storm Drainage element: The PUD is consistent with the water; sewer and drainage element of the GMP as it incorporates the use of county water and sewer facilities and is designed in accordance with and subject to approval of the SWFWMD. HISTORIC /ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. Pursuant to Section 2.2.25.8.1 of the Land Development Code if during the course of site clearing, excavation or other construction activity any historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This includes a review by the Community Development Environmental and Comprehensive Planning staff, Engineering staff, and Public Works Engineering. AGENDA IT 5 ± NOV 2000 These reviews help shape the content of the PUD Document and cause Development Commitments to be formulated to achieve GMP and LDC requirements. Where the petitioner determined to challenge recommended revisions, these are identified for final resolution by the Collier County Planning Commission, and County Board of Commissioners. No request was made for additional right -of -way except as required for turn lanes. The PUD document makes provisions for left -hand turn lanes and deceleration lanes at all project entrances. ANALYSIS: Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision - makers. The evaluation by professional staff should typically include an analysis of the petitioner's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County Growth Management Plan in all of its related elements. Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses, a consideration usually dealt with as a facet of analyzing the relationship of the rezoning action to the long range plan for future land uses. The most important facet of the rezoning action is that it constitutes a legislative statement that authorizes the use of land for specific development strategy, provided the development of the land can go forward. It may or may not affect the timing of development because of subsequent permitting requirements. Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impacts of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that comprehensive overview. The listed criteria are specifically noted in Sections 2.7.2.5 and 2.7.3.2.5 of the Land Development Code thus requiring staff evaluation and comment, and form the basis of a recommendation of approval or denial by the Pianning Commission once approved and/or otherwise modified to the Board of County Commissioners. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are categorized as either pro or cons or not applicable, whichever the case may be, in the opinion of staff. Staff review of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non - compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report. AGENDA ITEM *1a Z 0 6 I NOV 1 4 2000 Notwithstanding the above, staff in reviewing the determinants for adequate findings to support a rezoning action advise as follows: Relationship to Future and Existing Land Use: A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the Future Land Use Element of the Collier County Growth Management Plan. It is important to recognize that the land, which is the subject of this petition, including the added land was and is zoned for an urban use. All of the properties included in this petition are zoned for multi - family housing. In essence this petition does nothing to change what is now allowed but rather introduces a different set of development standards than those that apply to the RMF -12 district. Those standards for all practical purposes are important solely because they purport to allow taller buildings than are currently allowed under the RMF -12 regulations. Relative to the current Dunes PUD, building heights are established at twelve (12) stories above mean flood elevation, while the existing RMF -12 zoning on the land to be added allows a maximum height of fifty (50) feet, or in terms of stories could equate to five (5) stories. The amendment to the current PUD as consolidated and expanded purports to allow fifteen (15) story buildings above the mean flood elevation. While the lay person would generally construe this change as having major significance for measures of compatibility, nonetheless, the legal bases for determining compatibility does not include differences in height of buildings but rather is a measure between opposite land uses (i.e. commercial next to residential). Urban design principles do not support a conclusion that there is anything bad or good about high rise buildings. High rise buildings and their relationship to low rise buildings is a design challenge as opposed to a measure of compatibility. There are many examples of a mixture of high rise and low rise structures which are very successful urban design projects that clearly demonstrate their compatibility with one another. More importantly are the design and development standards that are applied to ensure that the building makes an important urban design statement, and provides adequate space for circulation of air, penetration of sunlight, and enhanced view corridors. Those requirements are mandated in the PUD through the standard that requires space between buildings to be increased proportionate to the height of the buildings. The greater the height the more space is required between buildings. Additionally, best site master design solutions go a long way to reducing the perceived distance between building when buildings are other than parallel to one another. The opposite to this is a low profile building which covers a far greater proportion of the land and effectively blocks all views of the site and adjacent natural resources. From an off -site point of view the suggestion that a high rise building is more or less offensive than a continuous line of low -rise buildings of five to ten stories is without foundation. ACENDr. y 2000 pg._ /3 Therefore, staff is of the opinion that to allow four remaining planned high rise residential structures to exceed the current twelve (12) story limitation has no basis for denial based solely on the perception that higher buildings negatively impact a property. Nonetheless, should someone wish to make a compatibility argument out of building heights it would have to be based on proximity to low rise structures. With respect to this measure we would advise that the nearest low rise residential development is along Flamingo Avenue in the Vanderbilt Shores area and to the east of Vanderbilt Drive in the Vanderbilt Villas and Northshore Lake Villas PUD. Relative to the proposed fifteen (15) story structures (i.e. the 12 story structures are vested) these will be located approximately 1400 linear feet from the rear of lots fronting on Flamingo Avenue and approximately 600 linear feet from one and two family residences in the Northshore Lake Villas development relative to one of four buildings. The other three buildings are further removed. These developments are separated by considerable distances and therefore there should be no compatibility issue. Relative to the matter of density, it should be pointed out that there is no relationship between the height of a building and density. Regardless of the permitted heights of buildings the density remains fixed, and can equally be achieved with low -rise buildings, but at the expense of increased land coverage. The density of the project as expanded is 3.73 dwelling units per acre. The development qualified for 4 (i.e. 531+300-189) dwelling units per acre. The density in fact is being reduced from 6 to 3.73 dwelling units per acre with this application, Traffic: This petition reflecting the revised nature of the Dunes PUD was deemed consistent with the traffic circulation element of the GMP. The PUD document makes provision for turn lanes and compensating right -of -way at both the primary entrance located on Vanderbilt Drive and a secondary entrance located on Bluebill Avenue. The Bluebill Avenue entrance is limited to the use of residents only. Construction vehicles are required to use the Vanderbilt Drive entrance. When construction activities are completed staff fails to appreciate why the limitations should remain on use of the Bluebill entrance. This decision should be one that rests with the ultimate Master Condominium Association. Land use relationships surrounding this property do not support any consideration of road interconnectivity with adjacent property. Environmental Issues: The Collier County Environmental Advisory Commission heard this petition on September 6, 2000. All of the members present recommended approval of this petition subject to staff stipulations, all of which have been incorporated in the development commitments, section of the PUD. The staff report to the EAC clearly showed how this petition was consistent with the goals, objectives and policies of the Conservation and Coastal Management Element. It is important to recognize that 77% of the property will be preserved, and that this is a result of a high rise development strategy. We need to appreciate that allowable mitigation strategies could have resulted in a development that would have utilized a greater portion of the site for development 8 r NOV 1' 2000 purposes in the event the developers were forced to limit their development to buildings of lessor height. This development proposes minor impact to wetlands and for that privilege will restore and enhance the wetland system as well as preserving some ten (10) acres of upland habitat. OPEN SPACE: Approval of this petition offers an opportunity to preserve a large portion of the land lying between Vanderbilt Drive and the inner coastal waterway system in perpetuity. The set aside area far exceeds the required 60% open space requirement for PUD rezoning actions. When project landscaping and open space is taken into account over 80% of the project area is devoted to open space. INFRASTRUCTURE: All of the land is located within the County's sewer and water area and service is to be extended to project buildings. The water management aspects of this project will be reviewed and permitted by the SFVv7MD. During the site development plan approval or platting process any approved plans will be required to be consistent with all relevant provisions of the LDC. This project as structured is consistent with the Sewer and Water utility elements. COMMUNITY SERVICES SUPPORT FACILITIES: Police, Fire and Emergency services are readily available. Fire and police protection services are located on Vanderbilt Drive at 9° Street and on Vanderbilt Beach Road. A large number of shopping opportunities are within one mile of the property. Medical offices and a hospital are readily available. MASTER PLAN AND PUD DEVELOPMENT STANDARDS: Master Plan: The Master Plan design is dictated by natural features preservation goals and is therefore designed in harmony with its natural environment to the greatest extent possible while respecting the property owners right to enjoy a reasonable development expectation. PUD Regulations: The PUD development regulations provide development standards typically applied to multi - family (low rise and high rise) residential structures. No single - family detached housing product is permitted. Of greatest concern is the desire for an appropriate separation between buildings to enhance to the greatest extent view corridors. Relative to the proposed fifteen (15) story structures the minimum separation will be 125 feet. This separation provides an enhanced view corridor because buildings are angled to one another giving the perception that the space is greater. High rise structures will be setback a distance of 125 feet from Vanderbilt Drive. Low rise (i.e. 2 story structures) will be setback 35 feet from Vanderbilt Drive. The building setback from Bluebill Avenue is 35 feet for the two story residential development and 75 feet for the existing 12 story development. These standards are greater than those of comparable standard zoning districts. f AGE Nf3R n -- 1 9 4 ,2000 Al) 'R __ STAFF RECOMMENDATION: That the Collier County Planning Commission recommend approval of Petition PUD -97 -18(1) as dy�ed by the Ordinance for Adoption and exhibits thereto (i.e. PUD regulatory document). \K Ltl � �o RONALD FT1�fiIN0, AICP DATE CURRENT PLANNING MANAGER [ 2 I 2- 2-r ROB9RT J. MULHERE, AICP DATE PLANNING SERVICES DEPARTMENT DIRECTOR APP BY: - VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. Petition Number PUD -97 -18(1) Staff Report for the October 5, 2000 CCPC meeting, COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN g/admin/PUD -97 -18(1) STAFF REPORT /RN /im 1GEN:}r 'T. 0 10 h ' 4 2U00 i 5 Pg , �= FINDINGS FOR PUD PUD -97 -18(1) Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plan's compliance with the following criteria: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Pro: (i) Intensifying land development patterns produces economies of scale relative to public utilities, facilities, and services, which are currently available in this area. (ii) The extent that location choice is enhanced for residential environments within the urban area reduces the push on urban sprawl. (iii) The subject property is served by a network of arterial roads, all of which are well within the urbanized area providing easy access to a host of community services and facilities. (iv) Comprehensive multi - disciplined analysis supports the suitability of the land for uses proposed. Con. (i) As with all actions that intensify urban development patterns there is some loss to travel time for users of the same arterial road system. Summary Finding: Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the PUD document give assurance that all infrastructures will be developed consistent with County regulations. Any inadequacies, which require supplementing the PUD document, will be recommended to the Board of County Commissioners as conditions of approval by staff. Recommended mitigation measures will assure compliance with Level of Service relationships as prescribed by the Growth Management Plan. -1- AGc"f , 1T NOV 1 i aQ'� 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Pro /Con: (i) Evaluation not applicable. Summary Finding: Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. Pro: (i) The development strategy for the subject property is entirely consistent with the goals, objectives and policies of the Growth Management Plan. Con: (i) None. Finding: The subject petition has been found consistent with the goals, objectives and policies of the Growth Management Plan. A more detailed description of this conformity is addressed in the Staff Report. Additional Finding: The subject property is designated Urban Mixed -Use- Urban- Residential on the FLUE to the GMP. As such it authorizes zoning actions aimed at allowing the land to be used for urban residential purposes at the density proposed. This petition has been reviewed by the appropriate staff for compliance with the applicable elements of the Growth Management Plan, as noted below: Future Land Use Element — Consistency with FLUE requirements is further described as follows: Residential Density — Approval would authorize seven hundred and four (704) dwelling units whose density would be 3.73 dwelling units per acre. This is consistent with the density rating system to the FLUE. Land Use — The urban residential subdistrict allows all residential structure _ types and other uses normally found in a residential environment such as recreational accessory uses, and dining facilities when exclusively used by project residents. r=r -2- �i0' ' 4 2000 Traffic Circulation Element — Analysis of the subject petition concluded with a finding for consistency with the policies of the TCE. Recreation and Open Space Element — Approximately 145.31 acres or 77% of the land area is to be developed as open space. This area is exclusive of the amount of open space that remains as each development parcel or tract or lot is developed. Said amount of open space is equal to the open space requirement of 60% for residential PUD's exclusive of that open space related to actual residential development. Other applicable element(s) — By virtue of development commitments and master plan development strategy, staff is of the opinion that the Dunes PUD is entirely consistent with provisions of the Collier County GMP. Staff review indicates that this petition has been designed to account for the necessary relationships dictated by the GMP. Where appropriate, stipulations have been generated to ensure consistency with the GMP during the permitting process. Therefore, this petition has been deemed to be consistent with the Growth Management Plan. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Pro /Con: Evaluation not applicable. Summary Findine: The PUD Master Plan has been designed to optimize internal land use relationship through the use of various forms of open space separation. External relationships are automatically regulated by the Land Development Code to assure harmonious relationships between projects. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. Pro /Con: Evaluation not applicable. Summary Finding: The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. -3- AGENDA ITEkA Fd�V ` � 2000 c 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Pro /Con: Evaluation not applicable. Finding: Timing or sequence of development in light of concurrency requirements is not a significant problem. (See finding No. 1, also applicable for this finding) 7. The ability of the subject property and of surrounding areas to accommodate expansion. Pro /Con: Evaluation not applicable. Summary Finding: Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. This assessment is described at length in the staff report adopted by the CCPC. Relative to this petition, development of the subject property is timely; because supporting infrastructure is available. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Pro /Con: Evaluation not applicable. Summary Finding: This finding essentially requires an evaluation of the extent to which development standards proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards used for particular housing structures and associated area requirements. g/admin/PUD -97 -1 8(1 ) /Findings for PUD /RN /im AGENDA tT " d 3 -4- td'_ ` ' '* 2000 Pg. 1_1;e y � REZONE FINDINGS PETITION PUD -97 -18(1) Division 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use Map and the elements of the Growth Management Plan. Pro /Con: Evaluation not applicable. Summary Findings: The proposed development is in compliance with the Future Land Use Element of the Growth Management Plan for Collier County and all other elements, their objectives and policies. Companion PUD Findings evaluation a well a the adopted CCPC staff report addresses this same finding. 2. The existing land use pattern. Existing: The current Dunes PUD is under development for the planned uses. Three (3) twelve (12) story residential structures and supporting infrastructure are under construction. Added Area: The land to be added to the Dunes PUD is undeveloped and zoned RMF -12 ST (3) and RMF -6 ST (3). Surrounding: North - To the north the land is undeveloped and developed. The undeveloped property is zoned RMF -12 ST (3) while the developed site is a multi - family condominium project fronting on Vanderbilt Drive which is zoned RMF -6 ST (3) (i.e. Harborage). -1- AGENT f " Mo,_/A �_ NC .V , 4 2000 fig. 0:1/ East - To the east lies Vanderbilt Drive. Starting north to south along Vanderbilt Drive development includes Collier Tract 21 PUD (golf course), Vanderbilt Villas, Northshore Lake Villas and Naples Memorial Gardens. South - The Dunes is bounded on the south by Bluebill Avenue. On the south side of Bluebill Avenue lies Connor's Park, a county park facility. The land is zoned RMF -6. Further south lies the Vanderbilt Beach development, all of which is, zoned RSF -3. West - To the west lies the Turkey Bay waterway while west of the waterway lies a high rise multi - family community referred to as Vanderbilt Surf Colony. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. Pro /Con: Evaluation not applicable. Summary Findings: The parcel is of a sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts because development of the land simply implements a part of the GMP FLUE Urban Designation, an action which is expected given that timing is appropriate. Availability of adequate infrastructure, nearby urban development supports the timing relationship and justifies revisiting the PUD and amending its development strategy. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro /Con: Evaluation not applicable. Summary Findings: The district boundaries are logically drawn. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro /Con: Evaluation not applicable. Summary Findings: The proposed amendment to the PUD and zoning change is _ appropriate based on the existing conditions of the property and because its relationship to the FLUE (Future Land Use Element of the GMP) is a positive one. rdo Dl�J -2- , NGV 6. Whether the proposed change will adversely influence living conditions in the neighborhood. Pro: (i) The County's land use policy as reflected by the FLUE supports an action to allow urban residential development. Con: (i) Urban Mixed -Use development may not coincide with resident's desire to maintain a natural atmosphere. Summary Findings: The proposed change will not adversely influence living conditions in the neighborhood because the recommended development standards and other conditions for approval have been promulgated and designed to ensure the least amount of adverse impact on adjacent and nearby developments. The land to be added is currently zoned to allow more units than is being requested with this petition. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Pro: (i) Development of the subject property is consistent with provisions of the Traffic Element of the GMP, therefore traffic intensity should not adversely affect the comfort and safety of existing users on adjacent public roads. (ii) Urban intensification is cost effective. Con: (i) As urban intensification increases, there is some loss of comfort and eat of travel to the motoring public. However, by law this degree of discomfort is regulated by concurrency requirements. Summary Findings: Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Traffic Element of the GMP and was found consistent, a statement advising that this project when developed will not excessively increase traffic congestion. Additionally certain traffic management system improvements are required as a condition of approval (i.e. turn lanes, traffic signals, dedications, etc.). In the final analysis all projects are subject to the Concurrency Management system. 8. Whether the proposed change will create a drainage problem. Pro: (i) Road improvements precipitated by this development and water management improvements to accommodate site development are designed to accommodate the normal drainage requirement. -3- Pg. �?3 Con: (i) Urban intensification potentially can heighten the occasion for area -wide flooding under the more severe rainfall event. Summary Findings: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub - surface drainage generated by developmental activities as a condition of approval. The water management system to serve the project will consist of an interconnected lake system. Runoff from the developed areas will be conveyed to the lakes by sheet -flow, catch basins, and culvert systems. The lakes will then discharge through control structures into the County's drainage system. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. Pro /Con: Evaluation not applicable. Summary Findings: All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area. Pro: (i) Urban intensification typically increases the value of adjacent or underutilized land. (ii) Development standards often do not reflect the quality of the project when it actually develops. More often than not developers have structured standards below the actual market response in order to be on the safe side. Con. (i) None. Summary Findings: This is a subjective determination based upon anticipated results which may be internal or external to the subject property, and which can affect property values. Property valuation is affected by a host of factors including zoning, however zoning by itself may or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation may or may not affect value. ov 1 t, 2030 -4- uQ, -�- 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Pro /Con: Evaluation not applicable. Summary Findings: The basic premise underlying all of the development standards in the zoning division of the Land Development Code is that their sound application when combined with the site development plan approval process and/or subdivision process, gives reasonable assurance that a change in zoning will not result in a deterrence to improvement or development of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. Pro /Con: Evaluation not applicable. Summary Findings: The proposed development complies with the Growth Management Plan, a public policy statement supporting Zoning actions when they are consistent with said Comprehensive Plan. In light of this fact the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. Pro /Con: Evaluation not applicable. Summary Findings: The subject is zoned RMF -12 ST (3) and "PUD" Planned Unit Development. The land could be developed to the requested density, however the height of buildings would be less than is requested which would demand a more horizontal form of development. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County. Pro /Con: Evaluation not applicable. Summary Finding: The proposed development complies with the Growth Management Plan, a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable for this site. High rise residential structures are separated from off -site low -rise residential structures by considerable distances. s NOV 14 2000 15. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Pro /Con: Evaluation not applicable. Summary Findings: This site is zoned RMF -12 ST (3) and "PUD" Planned Unit Development. Whether or not there are other similarly zoned residential areas is irrelevant. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Pro /Con: Evaluation not applicable. Summary Findings: The site will be altered to the extent necessary to execute the development strategy. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. NOTE: Pro /Con: Evaluation not applicable. Summary Findings: Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. GMP as used herein means the Collier County Growth Management Plan. FLUE means the Future Land Use Element of the GMP. g/admin/PUD -97 -18(1) /Rezone Findings /RN /im IS AGENCAIT W. J24- NOV ' 4 7000 I. II. ENVIRONMENTAL ADVISORY BOARD STAFF REPORT MEETING OF SEPTEMBER 6, 2000 NAME OF PETITIONER/PROJECT: Petition No.: Petition Name: Applicant/Developer: Engineering Consultant: Environmental Consultant: LOCATION: Planned Unit Development Petition No. PUD -97 -18(1) The Dunes PUD Signatures Communities, Inc. Johnson Engineering, Inc. Turrell & Associates, Inc. Item V.D. The subject property is located in the northwest corner of Bluebill Avenue (111' Avenue North) and Vanderbilt Drive in Section 20, Township 48 South, Range 25 East, Collier County, Florida. III. DESCRIPTION OF SURROUNDING PROPERTIES: ZONING N - RMF -12 RMF -12 ST S - RMF -6 (Connors Vanderbilt Beach Estates) E - Vanderbilt Villas PUD Northshore Lake Villas PUD Agricultural (Naples Memorial Gardens Cemetery) 1 DESCRIPTION Undeveloped Undeveloped Undeveloped section owned by Collier County Partially developed Partially developed Partially developed AGENDA I.L NO. 2, NOV 14 2000 nrl -- 1'-)4 -- IV. u W - RMF -16 Developed (Vanderbilt Shores) CON - ST Developed park site (Delnor - Wiggins State Recreation Area) PROJECT DESCRIPTION: The Dunes PUD as amended proposes the addition of 100 acres to the current PUD in which 531 dwelling units are authorized. The PUD master plan is amended to show the consolidated area in which 704 dwelling units are proposed in multi - family high rise and low rise structures. Additionally the PUD makes provision for accessory and subordinate commercial development to include restaurants together with dining and alcoholic beverage facilities to serve club members and guests a swell as supporting and accessory recreation amenities for each residential projects as they are developed. High rise structures are proposed at 150 feet above mean flood elevation. The master plan designates 145.31 acres as preserve areas which represents 77% of the site. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is located within the Urban Residential -Mixed use designated area of the FLUE. The urban residential area allows all manner of residential housing structure types, certain essential services, associated recreational uses and other uses normally found in residential neighborhoods such as churches, schools, day care center and the like subject to conditional approval. The Dunes PUD as proposed is entirely to be developed as a residential community of multi - family structures together with supporting and accessory recreation amenities including boating facilities, with the exception of a parking lot that will be owned by the County for beach goers. The density proposed is 3.73 dwelling units per acre based on the gross acreage as provided by the county's density determining provision of the Flue to the GMP. One should appreciate that the current Dunes approval provides for 531 dwelling units on some 88.55 acres of land, whereas the expansion of 100 acres will provide for an additional 169 dwelling units. This petition is deemed consistent with the Traffic Circulation element by virtue of the fact that it does not exceed the threshold established for determination of inconsistency. The PUD as structured is consistent with the Conservation and Coastal Management element by virtue of the fact that it preserves wetland areas in the manner prescribed by law and conserves native plant communities to the degree authorized by Iaw. 2 The PUD is consistent with the water, sewer and drainage element of the GMP as it incorporates the use of county water and sewer facilities and is designed in accordance with and subject to approval of the SWFWMD. The subject property is designated as Urban Residential Mixed Use on the Future Land Use Map. Because the subject property abuts C -3 zoned lands to the South, it is eligible for 12 acres of commercial use under the Office and In -fill Commercial Sub - district of the Collier County Growth Management Plan. The proposed rezone petition complies with the required criteria, therefore it can be deemed consistent with the County's Growth Management Plan. Conservation & Coastal Management Element: Objective 2.2. of the Conservation and Coastal Management Element of the Growth Management Plan states "All canals, rivers, and flow ways discharging into estuaries shall meet all applicable federal, state, or local water quality standards. To accomplish that, policy 2.2.2 states "In order to limit the specific and cumulative impacts of stormwater runoff, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity, and quality of fresh water (discharge) to the estuarine system. This project is consistent with the objectives of policy 2.2.2 in that it attempts to mimic or enhance the quality and quantity of water leaving the site by utilizing lakes and interconnected wetlands to provide water quality retention and peak flow attenuation during storm events. With regards to native vegetation preservation and wetland issues, the following Objectives and Policies apply: Objective 6.2 states, "There shall be no unacceptable net loss of viable naturally functioning marine and fresh water wetlands, excluding transitional zone wetlands which are addressed in Objective 6.3 ". Policy 6.2.10 states, "Any development activity within a viable naturally functioning fresh- water wetland not part of a contiguous flow way shall be mitigated in accordance with current SFWMD mitigation rules. Mitigation may also include restoration of previously disturbed wetlands or acquisition for public preservation of similar habitat ". Policy 6.2.13 states, "Proposed development on parcels containing viable naturally functioning freshwater wetlands shall cluster development to maintain the largest contiguous wetland area practicable and shall be designed to disturb the least amount of native wetland vegetation practicable and to preserve the pre - development hydroperiod ". 3 NOV 14 2000 Pg_(�6 � Objective 63 states, "A portion of the viable, naturally functioning transitional zone wetlands shall be preserved in any new non - agricultural development unless otherwise mitigated through the DEP and the COE permitting process and approved by the County". Objective 6.4 states, " A portion of each viable, naturally functioning non - wetland native habitat shall be preserved or retained as appropriate". Policy 6.4.6 states, "All new residential developments greater than 2.5 acres in the Coastal Area and greater than 20 acres in the Coastal Urban Area shall retain 25% of the viable naturally functioning native vegetation on site, including both the understory and the ground cover emphasizing the largest contiguous area possible. When several different native plant communities exist on site, the development plans will reasonably attempt to preserve examples of all of them if possible. Areas of landscaping and open space which are planted with native plant species shall be included in the 25% requirement considering both understory and groundcover. Where a project has included open space, recreational amenities, or preserved wetlands that meet or exceed the minimum open space criteria of Collier County, this policy shall not be construed to require a larger percentage of open space set aside to meet the 25% native vegetation policy. This policy shall not be interpreted to allow development in wetlands, should the wetlands alone constitute more than 25% of the site. Exceptions shall be granted for parcels that cannot reasonably accommodate both the native vegetation and the proposed activity". This petition is consistent with staff's policy, as directed by the Board of County Commissioners, to allow for impacts to jurisdictional wetlands when State and Federal agency permits are issued. The petition is consistent with Objective 6.4 in that it provides for 250/0 on- site native vegetation preservation pursuant to Policy 6.4.6. VI. MAJOR ISSUES: Water Manasement: The proposed system consists of one basin discharging into adjoining wetlands bordering Turkey Bay. The system will provide water quality retention and peak flow attenuation during storm events. The system is standard for projects of this type, and its proximity to the final basin outfall means downstream properties will not be impacted. Environmental: Site Descriation: The following excerpt is from the EAB staff report presented and approved at the December 1997 EAB. It refers to the original PUD environmental conditions. Following this section will be a discussion of the additional 100 acres added to the PUD through this amendment. 4 "The subject property is an undeveloped 88.55 acre parcel located on the north west corner of Bluebill Avenue and Vanderbilt Drive. Habitats on site consist of scrub, scrubby flatwoods, wetland forest, mangrove swamp and open water portions of Turkey Bay. Habitat descriptions for each of the FLUCCS codes identified on site are given in the Environmental Impact Statement. Sections of the fresh water wetlands on site have been impacted with exotic vegetation (Brazilian pepper, Melaleuca). Approximately 38.8 acres of Collier County/South Florida Water Management District jurisdictional wetlands occur on the subject property. Most of the project development is concentrated in upland areas although minor impacts to wetlands may occur within the residential parcels. These impacts will be determined during the site development plan review process. Impacts to jurisdictional wetlands as shown on the PUD master plan include an eight - foot wide boardwalk and a gazebo. a . nal ..,ha4 is also ssa to be , ..,.tmeted in the The petitioner proposes to compensate for wetland impacts by restoring and enhancing wetland areas on site. Mitigation will include the removal and control of exotics in remaining on -site wetlands along with supplemental wetland species plantings in restored wetland areas. Three soil types were identified on the site. These include (41) Urban Land Satellite Complex, (17) Bassinger Fine Sand and (40) Durbin and Walfert Mucks. The latter two are listed as hydric soils per the revised Collier County soil legend (1/90, H. Yamataki). A soils map of the project site is included in the environmental impact statement. Gopher tortoises (Gopherus polvohemus) were the only listed wildlife species found on the subject property. A total of 68 active and 70 inactive gopher tortoise burrows were identified within the scrubby pine flatwoods. The gopher tortoise is listed as a species of special concern by the Florida Game and Fresh Water Fish Commission (FGFWFC). A gopher tortoise relocation / management plan has not been proposed at this time. Listed plant species observed by the petitioner within the upland boundary of the site include Curtiss' milkweed (Asclepias curtissii), nodding pinweed (Lechea cemua , wild pines (Tillandsia setacea, T. utriculata, T. balbisiana, T. fasciculata), wild coco Eulo hia alts , golden polypody (Phlebodium aureum), brake fern (Pteris yittata), and sand pike moss (Sala inella avenicola). Curtiss' milkweed and nodding pinweed are endemic to scrub habitats and are listed as endangered by the Florida Department of Agriculture and Consumer Services (FDACS). Air plant (Tillandsia setacea), reflexed wild pine (Tillandsia balbisiana), wild coco, golden polypody, brake fem and sand spike moss are listed as threatened by the FDACS. Giant wild pine Tillandsia utriculata) and stiff - leaved wild pine Tillandsia fasciculata) are listed as commercially exploited by the FDACS. The project site contains a known archaeological site as identified in the historical/ archaeological probability maps for Collier County. The petitioner has submitted an r gat n-1-1 ? 4 2000 5 J/ archaeological survey and assessment as required in Section 2.2.25.3.3 of the Collier County Land Development Code. The Wiggins Pass (The Dunes) PUD was reviewed and approved by the Environmental Advisory Board (EAB) during their October 2, 1996 meeting. The previous application was subsequently withdrawn and not heard by the Board of County Commissioners. During the October 2, 1996 meeting the EAB added the following stipulation to the PUD document. Petitioner shall prepare and submit for Environmental Advisory Board approval a vegetation clearing/preservation plan optimizing the preservation of habitat with curtiss' milkweed (Asclepias curtissii), nodding pinweed Lechea cemua) and sand spike moss (SalaQinella avenicola) to the extent feasible for development of the project. Such plan shall be submitted as part of the Preliminary Subdivision Plat application or Site Development Plan application." In accordance with the EIS, the environmental consultant has stated that the applicant will preserve the eastern shoreline of Water Turkey Bay to prevent passive recreational uses such as boardwalks or boating facilities. There will be a net loss of wetland acreage but the consultant explains that "the preservation and enhancement of 121 acres if environmentally sensitive habitat from future development or recreational use insures that there is no net loss of function relative to the existing conditions of the site ". Wetlands: This amendment adds 100 acres of wetlands to the PUD at the north end of the site. There will be 69 acres of Mangrove Swamp and 51.7 acres of Bay/Estuary habitat preserved. The overall impacts are described by the consultants as follows. "In order to offset adverse environmental impacts resulting from development activities in 12.06 acres of wetlands, the development plan provides for the preservation and restoration of the remaining 135.74 acres of on site wetlands (jurisdictional in nature or open waters), as well as the preservation of 9.57 acres of upland habitat. The invasion of Brazilian pepper, and melaleuca is heavy on the inside perimeter of the wetland boundary and this infestation will be removed as part of the mitigation plan." Preservation Requirements: The PUD as proposed greatly exceeds the 25% native vegetation requirement by providing for More than 79 acres of preservation lands, protected in perpetuity by conservation easement. Listed Species: The additional acreage does not appear to include additional listed species. A limited Red cockaded woodpecker survey was conducted in the pine flatwoods, which would offer potential habitat. There was no evidence of these birds using or foraging on site. A ra 6 NOV ' 4 2000 'l ve.—� was observed at the north west property corner during the survey. However, no activity was noted at the nest during any of the site visits. VI. RECOMMENDATIONS: Staff recommends approval of Planned Unit Development Petition No. PUD- 97 -18, "The Dunes" with the following stipulations: Water Manaeement: 1. Applicant will need to obtain a Surface Water Management Permit from the SFWNM prior to site development plan approval. Environmental: 1 2 3. 4. fi Q STAN C. SENIOR Remove 3.4 B 2 from the PUD document, as this is in conflict with the discussion and proposed protection of this area as stated in the EIS. The consultant stated that the applicant will preserve the eastern shoreline of Water Turkey Bay to prevent passive recreational uses such as boardwalks or boating facilities. Amend Section 4.4 (A) of the PUD document to read as follows, "Principal structures shall be setback a minimum of twenty -five (25) feet from Preserve District boundaries in accordance with Section 3.2.8.4.7.3 of the CCLDC." Remove Section 4.4 D through 4.4 I, as they are not appropriate for the Preserve district. Revise Section 5.10 of the PUD document to read "Florida Fish and Wildlife Conservation Commission (FFWCC)" instead of the reference to FGFWFC. BY: >f- VOWSKI, P.E. NJ�LL°n(fL- BARBARA S.BURGESON SR. ENVIRONMENTAL SPECIALIST 7 DATE AGEN,D I Mn . /�-� NG:' , 14 2000 Pg. 1,� REN,'iFyWE,,D'' BY: I TF MAS E. KUCK, P.E. DATE EP INEE LGREVI EW MANAGER ALD ,AICP ATE Cl tENT PLANNING MANAGER R ERT J. MULHERE, AICP, DIRECTOR DATE P JNING SERVICES DEPARTMENT F LOVED B CENT A. CAUTERO, AICP, ADMINISTRATOR DA IMIJNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION 4i, ,.DA] qLN /613 1, ii ?u .no 8 4.. �J ss/ 7 I __ " "• _ I � _ � vrv..wsroaNr ! M� T 11W � 6 OMY IW�lWY1 I p p pC p l ypp J I S33 y ppgg r� p r• I Ff 9i 1 C: e Rgg I @@ y - / Mb rr � .h �AY4Y IIW NA II �� 1. I F ss/ 7 CL Q W N 00 W � h n � O O f H W a O U 0 17 EN I __ " "• _ I � _ � vrv..wsroaNr ! M� T 11W � 6 OMY IW�lWY1 I p p pC p l ypp J I S33 y ppgg p I Ff 9i 1 e Rgg I @@ y O W S / Mb rr �AY4Y IIW NA II �� 1. I F � pp 6i +p �lac1W% CL Q W N 00 W � h n � O O f H W a O U 0 17 EN Petition Number P IT D 9 7 — 18 1 Date APPLICATION FOR PUBLIC HEARING 9ILLUM FOR PUD AMENDMENT/DO AMENDMEN COMMUNITY DEVELOPMENT DIVISIO (ji NOV 0 9 1999 PLANNING SERVICES Name of Applicant (s) Vanderbilt Partners I1, LTD. --------------- -- - --- --- Applicant's Mailing Address 5551 Ridgewood Drive. Suite 203 City Naples State Florida Zip 34108 Applicant's Telephone number: Res: Bus: 566 -2800 Is the applicant the owner of the subject property? X Yes No (a) If applicant is a land trust, so indicate and name beneficiaries below. (b) If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. (c) If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. X (d) If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. (e) If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. (f) If applicant is a contract purchaser, attach copy of contract, and indicate actual owner (s) name and address below. (If space is inadequate, attach on separate page.) 2. Name of Agent Karen K. Bishop Firm PMS Inc. of Naples Agents mailing address 2335 N. Tamiami Trail Suite 408 A i City Naples State Florida Zip 34103 Xo. � Telephone number Res.: Bus.: 941 435 -9080 3 Wv 14 L090 4g -. 1L- . 3. PUD ORDINANCE NAME AND NUMBER: The Dunes #97 -18 4. DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION (If space is inadequate, attach on separate page. If request involves change to more than one zoning district, include separate legal description for property involved in each district. If property is odd- shaped, submit five (5) copies of survey (1" to 400' scale). THE APPLICANT IS RESPONSIBLE FOR SUPPLYING THE CORRECT LEGAL DESCRIPTION. IF QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION, AN ENGINEER'S CERTIFICATION SHALL BE REQUIRED. SECTION 20 TOWNSHIP 48 SOUTH RANGE 25 EAST LEGAL DESCRIPTION ATTACHED 5. Address or location of subject property Bluebill Avenue & Vanderbilt Drive 6. Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). No 7. TYPE OF AMENDMENT: X A. PUD Document Language Amendment X B. PUD Master Plan Amendment C. Development Order Language Amendment 8. DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PLAN: X YES NO If no, explain: AGENLA �1i 40 1 U," Y "" 14 2000 PH 9. HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? If so, in whose name? NO PETITION #: I03FIN0 a 10. HAS ANY PORTION OF THE PUD BEEN SOLD AND /OR X DEVELOPED? ARE ANY CHANGES PROPOSED FOR THE AREA SOLD AND /OR DEVELOPED? Yes. X No. If yes, describe: (attach additional sheets if necessary). NOV 1 � 2000 AFFIDAVIT We, Vanderbilt Partners II. LTD being first duly swom depose and say that we are the owners of the property described herein and which is the subject matter of the proposed hearing; sketches, data, and other supplementary matter attached to and made part of this application are honest and true to the best of our knowledge and belief. We understand this application must be complete and accurate before a hearing can be advertised. We further permit the undersigned to act as our representative in anY3natters regarding this Petition. ALL OWNERS ARE MANDATORY tur of caner Signature of Agent Karen K. Bishop, President State of Florida County of Collier The foregoing Ap lication was acknowledged before me this 1 5 day of 1999 by %l+�•SiYtfDG who is ersonall kno o me r has duced as Identification and who did (did not) take an oath. otary Public k nn e a rwWr Notary Public �nD02 Fps December 4, 2D02 Commission # r ra!' WM*DiMrtv"FAwPWWrEac My Commission Expires: N 0 � 1 't 2COG LEGAL DESCRIPTION FOR THE DUNES All of Wiggins Pass Landings Unit No. 1 Addition, according to the plat therof recorded in plat book 10, at page 81 of the Public Records of Collier County Florida, and all of Wiggins Pass Landings Unit No. 1, according to the plat thereof recorded in plat book 10, at page 44 of the Public Records of Collier County, Florida, being more particularly described as follows: Beginning at the southeast comer of lot 4 of said Wiggins Pass Landings Unit No. 1 Addition; thence N.89 °52'20 "W. along the southerly line of said lot 4, a distance of 599.96 feet to the southwest corner of said lot 4, the same being the southeast comer of lot 10, block 1 of said wiggins pass landings unit no. 1: thence N.89 052'20 "W. along the southerly line of said wiggins pass landings unit no. 1, a distance of 1400.65 feet to the southwest comer of said Wiggins Pass Landings Unit No. 1; thence N.00 °14'00 "W. along the westerly line of said Wiggins Pass Landings Unit No. 1, a distance of 1608.90 feet; thence N.34'26'1 5"E. along said westerly line, a distance of 439.48 feet to a point on the northerly line of said Wiggins Pass Landings Unit No. 1; thence N.87 °48'00 "E. along said northerly line, a distance of 1481.48 feet to the northeast comer of lot 3, block 3 of said Wiggins Pass Landings Unit No. 1; thence S.02'1 2'00"E. a distance of 163.77 feet to the northwest comer of lot 1, block 3 of said Wiggins Pass Landings Unit No. 1; thence N.87 °48'00 "E. a distance of 200.00 feet to the northeast comer of said lot 1; thence S.02 °12'00 "E. along the easterly line of said Wiggins Pass Landings Unit No. 1, a distance of 668.16 feet to the southeast comer of lot 1, block 1 of said Wiggins Pass Landings Unit No. 1, the same being the northeast comer of lot 1 of said Wiggins Pass Landings Unit No. 1 Addition; thence 5.02 °12'00 "E. along the easterly line of said Wiggins Pass Landings Unit No. 1 Addition, a distance of 1209.93 feet to the point of beginning, parcel contains 88.56 acres, more or less. A portion of land located in the east 1/2 of section 20, township 48 south, range 25 east Collier County, Florida being more particularly described as follows: Commencing at the southeast comer of the southeast 1/4 of said section 20, thence N.02 °12'00 "W, along the easterly line of said southeast 1/4, a distance of 1970.20 feet thence S.87 °48'00 "W, a distance of 50.00 feet to a point on the westerly right -of -way line of Vanderbilt Drive, a 100.00 foot right -of -way and the northeast comer of lot 1, block 3, Wiggins Pass Landings, Unit No. 1, according to the plat thereof recorded in plat book 10 at page 44 of the Public Records of Collier County, Florida, the same being the point of beginning of the parcel of I 'TL'k�l 4 2000 6 f described; thence S 87 °48'00 "W comer of said lot 1; thence N.O.. "1. northeast corner of lot 3, block 3, of thence S87 °48'00" V. along the nortl Unit No 1, a distance: of 148118 northwesterly line of said Wiggi 439.48 feet to the uortheasterly c to the plat thereof recorded in pla Collier County, Florida; thence T Baker - Carroll Point, a distance o boundary line as recorded in off of the Public Records of Collier said agreed boundary line, a disc said agreed boundary line, a dis, along said agreed boundary line, a distance of 2472.71 feet to a po Vanderbilt Drive; thence S.02 °12 1373.11 feet; thence S.02 °12'00 "l feet to the point of beginning, parce, Reference: A portion of parcel 10, C 00 feet :) the northwest ce of 163.77 feet to the ass Landings, Unit No. 1; yid Wiggins Pass Landings, '26'15"W., along the Unit No. 1, a distance of Baker- Carroll Point, according ge 42, of the Public Records of along the northerly line of said an intersection with an agreed A 68, at pages 235 through 250, thence N.79 °1TI O"E., along et; thence N.02 °58'30 "W., along o feet; thence N.27'1 5'20"W., 116.67 feet; thence N.87 °48'00 "E., ,sterly right -of way line of said ig said westerly line, a distance of aid westerly line, a distance of 667.03 is 100.00 acres, more or less. J, Pgs. 1174 through 1178 AGENDA r NOV s 4 2000 P9,_ l�� Sep -27 -00 11:56A PMS, Inc. of Naples 435 -9082 P.02 li- APPLICATION FOR PUBLIC HEARING FOR: PUD REZONE Petition No.: Commission District: 1. General Information: Date Petition Received: Planner Assigned: ABOVE TO BE COMPLETED BY STAFF Name of Applicant(s) Vanderbilt Partners II. LTD Applicant's Mailing Address 5551 Ridgewood Drive, Suite 203 City Naples State Florida Zip 34108 Applicant's Telephone # 566 -2800 Fax # 566 -3840 Name of Agent Karen Bishop Firm PMS, Inc.of Naples Agent's Mailing Address 2335 Tamiami Trail North, Suite 408 City State Florida Zip 34103 Agent's Telephone # 941435 -9080 Fax # 941435 -9082 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES /CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 APPLILAI ION FUH kit AKIN ' ,U 1,L401,L - I 9 PAGE I W -1 l 2"00 16 3 P&_-_ Sep -27 -00 11:56A PMS, Inc. of Naples 435 -9082 PHONE (941) 403 - 2400 /FAX (941) 643 -6968 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Associations not formed yet Name of Homeowner Association: Mailing Address Name of Homeowner Association: Mailing Address Name of Homeowner Association: Mailing Address Name of Master Association: Mailing Address Name of Civic Association: Mailing Address 2. Disclosure of Interest Information: City State _ Zip City State _ Zip City City State _ Zip State _ Zip City State Zip P_03 a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address NJS.AI It futi -( 1,0' ,, 1 VI. 1 U) NEZONr -It r Percentage of Ownership PAGE AGL y 2000 Pg.. Sep -27 -00 11 :56A PMS, Inc. of Naples 435 -9082 P_04 b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address, and Office Percentage of Stock c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest N/A d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership General Partner is: CG &S Investors LTD 1% Trident- Dunes, LLC 49.50% Gerald F. Griffin II 24.75% Richard F. Corace 24.75% e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership N/A �w J1 ^A n11'�.K ♦7 U� 1 u1. I , Lt_I� Il l.n 1.1 �i 1 Uk. FVn KELONI - IL'sv � PAGE 06' ZUOR Sep -27 -00 11:57A PMS, Inc- of Naples 435 -9082 P -05 - - - Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address g. Date subject property acquired: June 1998( ) leased ( ):_Term of lease_yrs. /mos. If, Petitioner has option to buy, indicate date of option: terminates: , or anticipated closing date _ and date option h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. 3.Detailed legal description of the nrogeM covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre- application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: east 1/2 20 Township: 48 South Range: 25 ease Lot: Block: Subdivision:The Dunes Plat Book Page #: Property I.D Metes & Bounds Description: 4.Size of property: Irregular ft. X ft. =Total Sq. Ft. Acres 100 5.Address/aeneral location of subject property: Northwest corner Bluebill Avenue and Vanderbilt Drive API'LICA71J) -F9R PUBLIC HEARING FOR PUU RELUNI - 10 /9F PAGE 4 16 Sep -27 -00 11:57A PMS, Inc. of Naples 435 -9052 6. Adjacent zoning and land use: Zoning Land use N RMF- 3,4,6,12 Vacant S PUD Residential E PUD &A Residential & Naples Memorial Gardens W PUD Residential P -06 Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section: Township: Range: Lot: Block: Subdivision: Plat Book Page #: Property Metes & Bounds Description: 7. Rezone Request: This application is requesting a rezone from the RMF -6 & 12 zoning district(s) to the PUD zoning district(s). Present Use of the Property: Vacant Proposed Use (or range of uses) of the property: Multi- Family Residential property to be included with existing Dunes PUD 97 -18 8. Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. 1'1'LIC (JN tOR 1'L'aLIC IIt AR INC FOR 1'M REZONE- I0/9b PACE 5OF16 ^ru` ' 4 2000 PB� Sep -27 -00 11:57A PMS, Inc. of Naples 435 -9052 P.07 Standard Rezone Considerations (LDCSection 2.7.2.5) 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan. 2. The existing land use pattern. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. 1. Whether existing district boundaries are illogically drawn in relation to existing conditions on the propertyfor the proposed change. 5. Whether changed or changing conditions make the passage of the proposed amendment (rezone) necessary. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during _- construction phases of the development, or otherwise affect public safety. 8. Whether the proposed change will create a drainage problem. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. 10. Whether the proposed change will seriously affect property values in the adjacent area. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. 19. Whether the change suggested is out ofscale with the needs of the neighborhood or the county. 15 Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range ofpotential uses under the proposed zoning classification. F4-L APPLII Al 10� LOH 1'UtlLIC MARIN'G I OH PUP HtZONL' - 019 PAGE 60 ? 4 2000 Sep -27 -00 11:58A PMS, Inc. of Naples 435 -9082 P.08 17. The impact of development on the availability of adequate public facilities and services consistent with the levels ofservice adopted in the Collier County growth management plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance (Code ch. 106, art. III, as amended. 18. Such other factors, standards, or criteria that the board of county commissioners shall deem important in the protection of the public health, safety, and we fare. PUD Rezone Considerations "C Section 2.7.3.1, 5) The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance ofsuch areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. 4. The internal and external compatibility ofproposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. The ability of the subject property and of surrounding areas to accommodate expansion. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equiva lent to literal application of such regulations. 9.Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed A1'1'Llln'I II»Uk_1'li U, I,. IILAIUI f UI 1'l�U hLLUNE - 10 /5b PAGE Sep -27 -00 11:58A PMS, Inc. of Naples 435 -9082 P.09 IO.Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? NO I (.Additional Submittal requirements: In addition to this completed application, the following shall be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre- application meeting. a. A copy of the pre - application meeting notes; b. If this rezone is being requested for a specific use, provide fifteen (15) copies of a 24" x 36" conceptual site plan [and one reduced 8'h" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; • all existing and proposed structures and the dimensions thereof, • provisions for existing and /or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), • all existing and /or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], • required yards, open space and preserve areas, • proposed locations for utilities (as well as location of existing utility services to the site), • proposed and/or existing landscaping and buffering as may be required by the County, a. An architectural rendering of any proposed structures. c. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC) , or a request for waiver if appropriate. APPLKAl ION IUK PUBLIC IIEAHI!G PIIh PUD KEZONE - IOMb PAGJ 8 MY 14 2000 Sep -27 -00 11:59A PMS, Inc. of Naples 435 -9082 P_10 a. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) of native vegetation on site, by area, and a calculation and ]ocation(s) of the required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.). b, Statement of utility provisions (with all required attachments and sketches); c. A Traffic Impact Statement (TIS), unless waived at the pre - application meeting; d. A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre - application meeting); e . Any additional requirements as may be applicable to specific conditional uses and identified during the pre - application meeting, including but not limited to any required state or federal permits. A PPEICA110N FOR PUBLIC HEARING FOR PUD REZONE. 10198 NOV 14 2000 PAGF- 9 OF 16 ,5_ =ep- 27 -00 11:59A PMS, Inc of Naples AFFIDAVIT 435 -9082 We, Vanderbilt Partners 17, LTD being first duly sworn depose and say that we are the owners of the property described herein and which is the subject matter of the proposed hearing; sketches, data, and other supplementary matter attached to and made part of this application are honest and true to the best of our knowledge and belief. We understand this application must be complete and accurate before a hearing can be advertised. We further permit the undersigned to act as our representative in anypSj ers regarding this Petition. Of State of Florida County of Collier ALL OV'YNMS ARE MANDATORY tur of er S�goa of Agent Karen K. Bishop, President P_II The fore oing Ap lication was acknowledged before me this 5 day of 1999 by}%•5hataG , who is rsonall kn o me r has duced as Identification and who did (did not) take an oath. Public My Commission Expires: No. NOV 14 2000 J RECEIVED R u:hcwcd1 L. a vu11J6A vt vv Cree& 91 2orkyled — Struth.erk; OR 44471 September 29, 2000 Collier County Current Planning Section Development Services Building 2800 N. Horseshoe Drive East Naples, FL 34104 RE: Zone Change PUD -97 -18(1) Karen K. Bishop of PMS Inc. of Naples Representing Vanderbilt Partners II, LTD. "PUD" to "PUD" Planned Unit Development Dear Collier County Planning Commission of Collier County, Florida: We are the owners of Unit 306 Vanderbilt Surf Colony III, Collier County, Florida. We strongly object to the above re- zoning for the following reasons: 1. We consider this action to be spot zoning and feel that the master zoning plan should be adhered to as everyone has purchased their property in the area with the understanding that the current atmosphere and ecology would be protected. 2. The proposed development would negatively impact the environment. 3. The two -lane highway servicing the area will not be able to accommodate the increased traffic. 4. The increased traffic will endanger the children attending the public school which is located in the immediate area. 5. The traffic is further impacted during the times the Catholic Church is holding services or activities as the parishioners park adjacent to the two -lane highway. 6. The main objective of a master zoning plan, is to protect the environment AGEN I No. NOV 14 2000 pg. and ecology for the public good. 7. The members of the Planning Commission's primary duty should be to that end. As we are unable to attend the meeting, we have appointed Kay Stammers, a fellow resident of the Vanderbilt Surf Colony III, who will be in attendance to represent us. Very tr_u� yours, ' RIC REED JC ANN CREED RLC /nhm PC: K. Stammers NOV 14 2000 REC U , 4u:, September 26, 2000 Collier County Current Planning Section Development Services Building 2800 North Horseshoe Drive East Naples, FL 34101 Dear Sirs, I am writing because 1 am against the request that Karen Bishop will be making October 5, 2000 as a representative for Vanderbilt Partners II, LTD. I feel the proposed rezone will have the effect of making traffic at the corner of Bluebill Ave. and Vanderbilt Dr. intolerable. I am also opposed to increasing the building height to 150 feet and to developing on land that is a nature preserve. When I bought my Unit 601 in Baypoint II. 35 Bluebill Ave., I was told that there would never be anything built on the preserve and have been unhappy with the present construction. Please don't take away any more "green space." Thank you for informing me of the meeting and giving me an opportunity to voice my opinion. C�- 1 %c.eF -cam ��Gi Gig cc�S Colleen Kaminski 284 Red Oak Lane Carmel, IN 46033 NOV 14 2000 Pg.- �LL RFC EIVE^ George F. Muller 0 1" 10260 Nolan Drive Rockville, Maryland 20850 September 27,2000 Collier County Current Planning Section Development Services Bldg. 2800 North Horseshoe Drive Naples,FL 34104 Re: PUD -97 -18 0 ) Dear Mr. Nino: We,the undersigned,owners of Apt.1102,Vanderbilt Surf Colony II, 15 Bluebill Ave.Naples,FL 34108, most emphatically object to the proposed Dunes Planned Unit Development community.Our objections concern both procedure and substance. As to procedure,we find it unacceptable that the hearing is called on such short notice,allowing barely three weeks for consideration of this most far- reaching proposal,which imposes lasting environ- mental,societal and personal changes on every aspect of life in our community. Not only does this totally surprising proposal come on such short notice,but it also comes at a time of year (hurricane season) when most affected owners are absent from their Florida residences,thus virtually assuring that as few opposing voices as possible can actually be heard. By virtually foreclosing consideration in depth,both of the above are indicative of glaring unfairness toward the citizenry of the affected neighborhood. As to the proposal itself,the notice just received does not indi- cate whether traffic and environmental impact studies have been per- formed and if so,with what result.In addition to exponential growth of traffic density,the proposal to extend building heights to 150 feet,adding restaurants,lounges,etc. confirms our fears that the extended Dunes development will present us with a "Miami" at Wiggins Pass,with. all that implies in terms of degradation-of quality of life. Has the impact on the habitat of endangered species been subjected to thorough study ?How will the existing spread of protected mangroves be affacted? We understand Turtle Bay is a wildlife refuge;its inclu- sion and that of part of the inland waterway - a manatee area - are particularly troubling. Does this mean that a marina or another Vene- tian Village on stilts could be built right up to our seawall? We do not understand how a public waterway that provides access to boaters can become part of a private domain to be counted as acreage to con- ceal the true increase in dwelling density per acre and misrepresent it as a decrease. The vast majority of the community has not been provided with answers to these andmany other troubling questions. The proposal presents a massive intrusion of overwhelming proportions,the impactof AULNMMEW be thoroughly studied and understood.As a minimum,the prop sedNo shoi:lr' he postponed to alloy; the development of a we1.3-inf rmed and 3 considered community consensus. NOV 14 2000 Sincerely, 4/��.G or F.& Ursula G.Mulle/r "I Baypoint Condo Association 33 -35 Bluebill Avenue Naples, FL 34108 September 27, 2000 Collier County Current Planning Section Development Services Building 2800 N. Horseshoe Drive Naples, FL 34104 ATTN: Ronald Nino, AICP Dear Sirs: RECEIVED Ori 0 2 2000 We are very much opposed to any additional units over the 531 residential dwellings which have already been approved. We definitely do not want the height increased. We are also opposed to any restaurants and/or lounges added to an area that is presently overwhelmed with heavy traffic. Our association speaks for 38 owners, which all protest any additions. Pe e Page, Pre i6e4 Baypoint Condo Association Office address: 1 102 S. Emerson Ave Indianapolis, IN J/L,zoj NOV 14 2000 COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION September 15, 2000 Dear Property Owner: PLANNING SERVICES DEPARTMENT 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 This is to advise you that because you own property within the Dunes Planned Unit Development community or within 300 feet Df the boundary of the Dunes PUD, we are notifying you of a public hearing to be held by the Collier County Planning Commission of Collier County, Florida, at 8:30 A.M., Thursday, October 5, 2000, in the Board of County Commissioners Meeting Room, Administration Building, County Government Center, 3301 East Tamiami Trail, Naples, Florida, to consider: - PUD -97- 18(1), Karen K. Bishop of PMS Inc. of Naples, representing Vanderbilt Partners 11, LTD., requesting a rezone from "PUD" to "PUD" Planned Unit Development and "RMF -12 ST (3)" and "RMF -6 ST (3)" to "PUD" Planned Unit Development known as The Dunes PUD for the purpose of amending Ordinance No. 98 -24 and having the effect of increasing the acreage from 88.55± to 188.55±, increasing residential dwelling units from 531 to a maximum of 754, increasing gross density from 6 dwelling units per acre to 4 dwelling units per acre, showing a change in property ownership, increasing building height to 150 feet, adding restaurants, lounges and similar uses as accessory uses, increasing open space from 53 acres to 166 acres, for property located on the northwest corner of Bluebill Avenue (C.R. 846) and Vanderbilt Drive (C.R. 901), in Section 20, Township 48 South, Range 25 East, Collier County, Florida, consisting of 188.55± acres. You are invited to appear and be heard at the public hearing, or you may submit your comments in writing. Written comments filed with the Collier County Current Planning Section, Development Services Building, 2800 North Horseshoe Drive, East Naples, Florida, prior to October 5, 2000, will be considered at the public hearing. If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This petition application development plans and /or master plan if applicable, and other pertinent information related to this petition is kept on file and may be reviewed at the Development Services Center located at the address listed above. Please contact the assigned planner noted below at 403 -2400 to set up an appointment if you wish to review the file. Ve yours Ronald F. Nino, AICP A' y Current Planning Manager 87adminrPUD -97. 18(1) /Mim NAGEMT N o. cJ� NOV 14 2000 PHONE (941) 403 -2400 FAX (941) 643 -6968 www.co.collier.fl.us RECEIVEC peT 0 2 2'03 LaScala Condo Association 9700 Gulfshore Drive Naples, FL 34108 September 27, 2000 Collier County Current Planning Section Development Services Building 2800 N. Horseshoe Drive Naples, FL 34104 ATTN: Ronald Nino, AICP Dear Sirs: In reply to the attached notification, the owners of LaScala Condos which I represent are definitely opposed to any increase in the residential dwellings proposed on the comer of Bluebill Ave and Vanderbilt Drive. We feel the area is already very heavy with traffic. The addition of any restaurants or lounges would also add to an already congested area. Thank you, /I 1� Paul Pittman, Secretary- Treasurer LaScala Condo Association Office address: 333 E. Ohio St., Ste 200 Indianapolis, IN 46204 NOV 14 2000 COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPAIENT AND ENVIRONMENTAL SERVICES DIVISION September 15, 2000 Dear Property Owner: PLANNING SERVICES DEPARTMENT 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 This is to advise you that because you own property within the Dunes Planned Unit Development community or within 300 feet of the boundary of the Dunes PUD, we are notifying you of a public hearing to be held by the Collier County Planning Commission of Collier County, Florida, at 8:30 A.M., Thursday, October 5, 2000, in the Board of County Commissioners Meeting Room, Administration Building, County Government Center, 3301 Last Tamiami Trail, Naples, Florida, to consider: - PUD -97- 18(1), Karen K. Bishop of PMS Inc. of Naples, representing Vanderbilt Partners 11, LTD., requesting a rezone from "PUD" to "PUD" Planned Unit Development and "RMF -12 ST (3)" and "RMF -6 ST (3)" to "PUD" Planned Unit Development known as The Dunes PUD for the purpose of amending Ordinance No. 98 -24 and having the effect of increasing the acreage from 88.55± to 188.55 ±, increasing residential dwelling units from 531 to a maximum of 754, increasing gross density from 6 dwelling units per acre to 4 dwelling units per acre, showing a change in property ownership, increasing building height to 150 feet, adding restaurants, lounges and similar uses as accessory uses, increasing open space from 53 acres to 166 acres, for property located on the northwest corner of Bluebill Avenue (C,R, 846) and Vanderbilt Drive (C.R. 901), in Section 20, Township 48 South, Range 25 East, Collier County, Florida, consisting of 188.55± acres. You are invited to appear and be heard at the public hearing, or you may submit your comments in writing. Written comments filed with the Collier County Current Planning Section, Development Services Building, 2800 North Horseshoe Drive, East Naples, Florida, prior to October 5, 2000, will be considered at the public hearing. If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This petition application development plans and /or master plan if applicable, and other pertinent information related to this petition is kept on file and may be reviewed at the Development Services Center located at the address listed above. Please contact the assigned planner noted below at 403 -2400 to set up an appointment if you wish to review the file. Very yours, b Ronald F. Nino, AICP Current Planning Manager g: /ad.mPLM -97- 18(1) /RN1 m ArENMMNo. �l NOV 14 2000 PHONE (941) 403.2400 FAX (941) 643 -6968 www.co.collier.fl.us Charles W. Berkoben RECEIVED 15 Bluebill Avenue Apt. 505 Gy , U 2000 Naples, Florida 34108 September 25, 2000 Collier County Government Community Development and Environmental Services Division Planning Services Department 2800 North Horseshoe Drive Naples, Florida 34104 Attention: Ronald F. Nino, AICP Current Planning Manager Subject: The Dunes PUD Requested Amendment of OrdinanceNo. 98 -24 As a property owner within the the Dunes Planned Unit Development community, I wish to respectfully object to the requested rezoning, specifically to the requested increasing of dwelling units from the currently approved 531 to 754, to the increasing of building height to 150 feet, and to the addition of restaurants, lounges. Such changes will add excessive congestion to the existing streets and roadways, lmmokalee Road, Vanderbilt Drive, and Bluebill Avenue, which serve our community. Such requested additions will require the expansion to four lanes ofImmokalee Road (111th Avenue), Vanderbilt Drive, probably also Vanderbilt Beach Road and Wiggins Pass Road from Tamiami Trail (US 41) to Vanderbilt Drive. That roadway expansion will require appropriation/destruction of considerable existing properties currently bordering these roadways. The currently approved 531 dwelling units already will greatly increase the traffic burden on those roadways. I respectfully request the Collier County Planning Services Department to consider the full impact of the Dunes PUD on our current facilities, and the currently existing community. Thank you for the opportunity to express my concerns and to express my objection to the requested revisions. Respectfully, Charles W. Berkoben No.'J NOV 14 2000 P9• Z6 I RECEIVED Uk- LA- September 26, 2000 Collier County Current Planning Section Development Services Building 2800 North Horseshoe Drive East Naples, FL 34101 Dear Sirs, I am writing because I am against the request that Karen Bishop will be making October 5, 2000 as a representative for Vanderbilt Partners II, LTD. I feel the proposed rezone will have the effect of making traffic at the corner of Bluebill Ave. and Vanderbilt Dr. intolerable. I am also opposed to increasing the building height to 150 feet and to developing on land that is a nature preserve. When I bought my Unit 202 in Baypoint I1, 35 Bluebill Ave., I was told that there would never be anything built on the preserve and have been unhappy with the present construction. Please don't take away any more "green space." Thank you for informing me of the meeting and giving me an opportunity to voice my opinion. c � Colleen Kaminski 284 Red Oak Lane Carmel, IN 46033 NOV 14 2000 Mary Ellen Rand, RLA, ASLA 550 110th Ave. N Naples, Fl. 34108 (941)514 -3763 maryerand @aol.com September 30, 2000 Subject: The Dunes PUD Amendment Dear Members of the Collier County Planning Commission, You will be hearing plans this Thursday October 5 for an amendment to the Dunes PUD. They are asking among other things to raise the height on 3 of the towers on the existing PUD from 12 stories to 14 stories. They are also asking permission to build additional 14 story towers along Vanderbilt Drive. I am a close neighbor of this project and have strong objections to this request. I am also a landscape architect and planner working in the Naples area and feel that I have given this request careful analysis and am proposing, as a solution, some reasonable conditions. I see the towers currently under construction for the Dunes as soon as I step out my front door. They rise above the trees and rooftops of the houses in my neighborhood. They do not fit in. The zoning for the land included in the PUD amendment has had a maximum building height of 35' feet. This is a height limit appropriate to the low -rise (one to two story) residential neighborhoods which surround this project for miles around, and under which it was previously zoned. The statement in the PUD that this is an area in "transition" is not true. These low -rise communities are will established. The only "transition" occurring is the developer's project itself. Allowing a variance in height of 115' totally disregards the impact to the people who live in the surrounding neighborhoods. I have been told by county staff that they will be recommending approval of this project with the following stipulations: High- rises: setback from the right of way and the setback between the buildings equal to the building's height. Low - rises: setback from the right of way to 50 feet. An increase in the setback from the preserve area. Although these setbacks are more reasonable than those outlined in the PUD, they are not adequate to mitigate the severe impact of this project on the surrounding area. I do not think any increase in allowable height should be approved. The 12 story height allowed in the current PUD is already inappropriate for the neighborhood. Raising it to 14 stories is unacceptable. Although the developers may be restricted in the square footage of their units, they will not be restricted in the use of the property to build AGfi �r z. No. _ ✓ NOV 14 2000 Po. &,3 requested units by limiting the height to the 12 stories already granted in the PUD. In addition to denying an increase to 14 stories, I would like you to require the following conditions be included in the PUD. 1). A limit of five high -rise buildings. The square footage of which should equal to that of the building currently being completed.. The omission of a limit to the number of high -rise buildings in the original PUD is an error. It is one thing when one talks about the amount of impact of 3 high -rise buildings. It is quite another when one talks about the impact of 8 or more. Without such a limit, the developers can raise as many towers as they wish within the setbacks. This proposed limit would allow construction of towers an appropriate distance within the property but not allow them to be constructed adjacent to Vanderbilt Drive. 2). Building setbacks from the right of way be increased as follows: 350' for any high -rises over 10 stories 150' for any low -rise buildings over 35' 50' for all other buildings These setbacks will not restrict the developer from building the number of buildings proposed above. 3). Required Minimum Buffer: Along the Vanderbilt Drive right of way of the developed portion of the site as follows: a). 50' wide buffer, fully visible from the roadway (not to include the 15' to be dedicated to the future right of way). b). A Type "C" hedge along the western edge of this buffer. A wall may be constructed only if it lies along the western edge of the buffer and is screened on its eastern side by this hedge. c). Canopy trees at 4 per 100 linear feet with the following specs (14' -16' ht, 6'- 8'spr, 2 -112 " -3 "cal. at time ofplanting) d). A meandering 8' wide public concrete bike path coming no closer than 15' to the right of way at any point. The above described buffer is the minimum necessary to ameliorate the effects of these towers by adequately screen them from the street view. Please see the attached cross - section and plan for a description. I appreciate your careful consideration of these concerns and requests. I don't want to deprive the developer of the right to build on this property. But hope that you will exercise your position so as restrain the developer from building in such a way that we are prevented from enjoying our neighborhood as we have a right to continue to do. Thank you, Mary Ellen Rand, RLA, NOV 14 2000 cc: Ron Nino Bob Mulhere Tom 011iff Nancey Simieon Amy Taylor James Carter Dick Lydon Vera Fitzgerald Sally Barker Al Newman NOV 14 2000 Pg. -L( _, muihere m: Maryerand @aol.com .nt: Saturday, September 30, 2000 2:19 PM To: vanderbiltdrive @egroups.com Subject: (no subject) Be careful about Signature's "willingness" to build higher towers. Mr. Corace described to me their projected plan and because there is no limit to the number of buildings or the amount of building SF, going higher will allow him to build more buildings. I have been asking the county to require a limit to the number of buildings and their square footage. The feeling from Nino is that the constraints of height, setback and limited upland would have the result of effecting such a limit. Higher buildings frees upland for more buildings. We need to insist on a set limit of buildings and size. Signature is pretty slick. I can see a possibility of them taking advantage of a last minute meeting to slip something by the community that they've thought through pretty carefully and the laymen don't have the time to adequately consider and end up with the advantage. Personally I am strongly against higher buildings because myself and my neighbors in the area immediately surrounding the Dunes who see these buildings from our front yards will be even worse affected. Which is the whole reason for a height limit in the first place. We're the ones who are going to have to see these things everyday. All of the remaining buildings to be built will be closer to the road than those built already and the affect of going any higher than 12 stories or even 14 will be awful. If we get a generously wide buffer and get big trees in it I think it will have a pretty good screening affect from ground level. If anyone has a specific plan they truly think will minimize the impact, I'd like to see it. No. NOV 14 2000 ^i d,- awE a « L. �� Na�l�s, wit. 3g107 RECEIVED Stttm P 2 9 2000 �,�. 4v ff6 7- 401 z -7zo w kt.e /ate n T NOV 14 2000 ?9. & REr� �IVED 16 Westford Street Chelmsford, MA 01824 September 30, 2000 Ronald F. Nino, Current Planning Manager Collier County Current Planning Section 2800 North Horseshoe Drive East Naples, Florida 34104 Reference: PUD -97 -18(1) and Letter dated 15 September, 2000 re Dunes Expansion Dear Mr. Nino: As a property owner within the boundary of the above referenced planned development, I am writing to voice my opposition to this planned expansion. The area has become overly populated and traffic problems and congestion are already severe enough without this added burden on the infrastructure. 1 am also concerned about the loss of existing natural habitat on the eastern shores of Turkey bay and the waterway. The mangroves that will be lost to this development cannot be replaced and must be protected. I will be unable to attend the planned public hearing, but will be sending someone to represent my negative vote. Sincerely, Barbara A. Linnerud ^ �f I NOV 14 2000 September 20,2000 Collier County Current Planning Section Development Services Building 2800 North Horseshoe Drive Naples, Fl. 34104 Dear sirs: RECEIVED OCT 0 ti 2000 Z;Dn �xo We are owners of condominium B 304, Gulf Breeze located at 21 Bluebill Ave. 34108 and are strongly opposed to rezone from "PUD" to "PUD" Planned Unit Development known as The Dunes PUD for purpose of amending Ordinance No. 98 -24 and having the effect of increasing acreage and the number of dwelling units. We urge the Collier County Planning Commission to seriously consider the impact on the environment, quality of life as well as traffic hazards created by over utilization of the areas resources. We believe it is of greatest importance to ensure the environment is protected and the quality of life for the residents living in this area be preserved. We appreciate the Commissions attention to these matters and would hope for a careful and thoughtful consideration of all concerned citizens. Sincerely yours, 1 l tl c J4 l t r Wilson M & Barbara C. Salter 21 Bluebill Ave., B304 Naples, Fl. 34108 NOV 14 2000 REC ROBERT BAKER GC i D 1d110 3017 Silver Maple Cowl Carmel, IN 46033 September 26, 2000 Ronald Nino, Current Planning Manager Collier County, Florida I am a voter in Florida, who resides during the winters in Unit 9403 at 15 Bluebill Avenue. I have received your September 15 letter concerning the new Dunes PUD. Inasmuch as we will not have returned to Naples before your October 5 hearing, I want to be assured that the original PUD is not modified with respect to: • Forbidding construction and commercial traffic on any entrance on Bluebill Avenue... such entrance, if built, to be for residents only. • The Dunes providing a safe, sidewalk over the bridge to tie in with the State Park entry walk. • Extending the allowed time for the Dunes to have its Sales Center on Bluebill Avenue. I assume the County will secure significant financial support from the Dunes for: • An adequate intersection with traffic light at III'h /Bluebill and Vanderbilt Drive, since its housing development will generate the traffic in season to increase from the current serious congestion to an impossible situation. • Immediate and satisfactory completion of Connors Park, especially the north side. Yours truly, U�f Robert Baker cc: Commissioner Carter NOV 14 2000 ORDINANCE N0. 2000- AN ORDINANCE AMENDING ORDINANCE NUMBER 91 -102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 85205 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM PUD, RW -12 ST (3) AND RMF -6 ST (3) TO PUD PLANNED UNIT DEVELOPMENT KNOWN AS THE DUNES, FOR PROPERTY LOCATED ON THE NORTHWEST CORNER OF BLUEBILL AVENUE (C.R. 846) AND VANDERBILT DRIVE (C.R. 901), IN SECTION 20, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 188.55± ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 98 -24, FORMERLY THE DUNES PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Karen K. Bishop of PMS, Inc. of Naples, representing Vanderbilt Partners 11, Ltd., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that; SECTION ONE: The Zoning Classification of the herein described real property located in Section 20, Township 48 South, Range 25 East, Collier County, Florida, is changed from PUD, RMF -12 ST (3) and RMF -6 ST (3) to PUD Planned Unit Development all in accordance with the PUD Document, attached hereto as Exhibit "A ", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered 8520S, as described in Ordinance Number 91 -102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: Ordinance Number 98 -24, known as The Dunes PUD, adopted on March 24, 1998, by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of Slate. No. NOV 14 2000 -1- PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ATTEST: DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency Marjorie S. Student Assistant County Attorney g:�adm,aTU691 -18(1 pRN im 1111 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES D. CARTER, Ph.D., CHAIRMAN -2- No. NOV 14 2000 THE DUNES V PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE DUNES, A PLANNED UNIT DEVELOPMENT, PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: VANDERBILT PARTNERS II, LTD. PREPARED BY: PMS, INC. OF NAPLES 2335 TAMIAMI TRAIL NORTH SUITE 408 NAPLES, FLORIDA 34103 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL DOCUMENT DATE 10130100 Exhibit A No. A41� NOV 14 2000 Pg. TABLE OF CONTENTS LIST OF EXHIBITS STATEMENT OF COMPLIANCE SECTION 1 PROPERTY OWNERSHIP, LEGAL AND GENERAL DESCRIPTION SECTION 2 PROJECT DEVELOPMENT SECTION 3 RESIDENTIAL DEVELOPMENT AREAS SECTION 4 PRESERVE DISTRICT SECTION 5 GENERAL DEVELOPMENT COMMITMENTS it PAGE iii iv 1 -1 through 1 -2 2 -1 through 2 -5 3 -1 through 3 -3 4-1 through 4 -2 5 -1 through 5 -6 EXHIBIT #A PUD Master Plan LIST OF EXHIBITS 9 NOV 14 2000 STATEMENT OF COMPLIANCE The development of approximately 188.55 + /- acres of property in Collier County as a Planned Unit Development to be known as the Dunes will be in compliance with the goals, objectives, and policies of Collier County as set forth in the Growth Management Plan. The Dunes is to be a multi- family residential and associated recreational use project that will be consistent with applicable elements of the Collier Growth Management Plan for the following reasons: Traffic ways, utilities, and other public facilities necessary to serve the Dunes project are adequate. The Dunes will participate in the expansion of existing public facilities to the extent of its impact on those facilities via payment of impact fees. 2. The Dunes project will be compatible with and complimentary to existing and planned land uses in the vicinity. Project lands lie in a transition area which includes low -rise residential development and high -rise multi - family development. 3. The property was down -zoned during the Zoning Re- evaluation Process which resulted in an action establishing RMF 6 and RMF 12 (6) zoning districts essentially establishing a density of six (6) dwelling units per acre for mixed residential land uses. The property contains a gross acreage of 188.55 +/- acres and based on a density of six (6) dwelling units per gross acre, the PUD provides for five hundred and thirty one (531) dwelling units. The additional 100 acres is zoned RMF 6 and RMF 12 ST at 3 units per acre for a total of 300 units. The PUD proposes a total of 640 units on 188.55 +/- acres for a gross density of 3.39 dwellings per acre. This action makes the land use and density consistent with the Future Land Use Element of the Growth Management Plan. 4. Development commitments contained within this PUD will ensure that development of the subject property will proceed in a manner consistent with applicable elements of the Growth Management Plan. SHORT TITLE This ordinance shall be known and cited as the "THE DUNES PLANNED UNIT DEVELOPMENT ORDINANCE ". No NOV 14 2000 iv I r/(� SECTION I PROPERTY OWNERSHIP, LEGAL AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of THE DUNES. 1.2 LEGAL DESCRIPTION All of Wiggins Pass Landings Unit No. 1 Addition, according to the plat therof recorded in plat book 10, at page 81 of the Public Records of Collier County Florida, and all of Wiggins Pass Landings Unit No. 1, according to the plat thereof recorded in plat book 10, at page 44 of the Public Records of Collier County, Florida, being more particularly described as follows: Beginning at the southeast corner of lot 4 of said Wiggins Pass Landings Unit No. 1 Addition; thence N.89 °52'20 "W. along the southerly line of said lot 4, a distance of 599.96 feet to the southwest comer of said lot 4, the same being the southeast comer of lot 10, block 1 of said wiggins pass landings unit no. 1: thence N.89 °52'20 "W. along the southerly line of said wiggins pass landings unit no. 1, a distance of 1400.65 feet to the southwest corner of said Wiggins Pass Landings Unit No. 1; thence N.00'1 4'00"W. along the westerly line of said Wiggins Pass Landings Unit No. 1, a distance of 1608.90 feet; thence N.34'26'1 5"E. along said westerly line, a distance of 439.48 feet to a point on the northerly line of said Wiggins Pass Landings Unit No.1 thence N.87 °48'00 "E. along said northerly line, a distance of 1481.48 feet to the northeast come. of lot 3, block 3 of said Wiggins Pass Landings Unit No.]; thence S.02 012'00 "E. a distance of 163.77 feet to the northwest comer of lot 1, block 3 of said Wiggins Pass Landings Unit No. 1; thence N.87 °48'00 "E. a distance of 200.00 feet to the northeast comer of said lot 1; thence S.02'1 2'00"E. along the easterly line of said Wiggins Pass Landings Unit No. 1, a distance of 668.16 feet to the southeast corner of lot 1, block I of said Wiggins Pass Landings Unit No.], the same being the northeast corner of lot 1 of said Wiggins Pass Landings Unit No. 1 Addition; thence S.02 °12'00 "E. along the easterly line of said Wiggins Pass Landings Unit No. 1 Addition, a distance of 1209.93 feet to the point of beginning, parcel contains 88.56 acres, more or less. A portion of land located in the east 1/2 of section 20, township 48 south, range 25 east Collier County, Florida being more particularly described as follows: Commencing at the southeast corner of the southeast 1/4 of said section 20, thence N.02 012'00 "W, along the easterly line of said southeast 1/4, a distance of 1970.20 feet thence S.87 °48'00 "W, a distance of 50.00 feet to a point on the westerly right -of -way line of Vanderbilt Drive, a 100.00 foot right -of -way and the northeast corner of lot 1, block 3, Wiggins Pass Landings, unit no. 1, according to the plat thereof recorded in plat book 10 at page 44 of the Public Records of Collier County, Florida, the same being the point of beginning of the parcel of land herein described; thence S.87 °48'00 "W., a distance of 200.00 feet to the northwest corner of said lot 1; thence N.02 °12'00 "W., a distance of 163.77 feet to the northeast comer of lot 3, block 3, of said Wiggins Pass Landings, unit no. 1; thence S87 °48'00 "W, along the northerly No = NOV 14 2000 Pq line of said Wiggins Pass Landings, unit no. 1, a distance of 1481.48 feet; thence S.34'26'1 5"W., along the northwesterly line of said Wiggins Pass Landings, unit no. 1, a distance of 439.48 feet to the northeasterly corner of Tract B, Baker - Carroll Point, according to the plat thereof recorded in plat book 8, at page 42, of the Public Records of Collier County, Florida; thence N.54 °47'52 "W, along the northerly line of said Baker - Carroll Point, a distance of 399.32 feet to an intersection with an agreed boundary line as recorded in official records book 68, at pages 235 through 250, of the Public Records of Collier County, Florida; thence N.79 °17'10 "E., along said agreed boundary line, a distance of 69.60 feet; thence N.02 °58'30 "W., along said agreed boundary line, a distance of 1417.66 feet; thence N.27'1 5'20"W., along said agreed boundary line, a distance of 616.67 feet; thence N.87 °48'00 "E., a distance of 2472.71 feet to a point on the westerly right -of way line of said Vanderbilt Drive; thence S.02'1 2'25"E., along said westerly line, a distance of 1373.11 feet; thence S.02 112'00 "E., along said westerly line, a distance of 667.03 feet to the point of beginning, parcel contains 100.00 acres, more or less. 1.3 PROPERTY OWNERSHIP Vanderbilt Partners II, LTD., a Florida Limited Partnership 1.4 GENERAL DESCRIPTION OF PROPERTY AREA The project site is located in the northwest quadrant of the intersection of Bluebill Avenue and Vanderbilt Drive, and is bounded on the West by the Baker - Carroll Point Subdivision as _ recorded in Plat Book 8 Page 42, of the Public Records of Collier County, Florida. The property is bounded on the North by jurisdictional wetlands, on the East by Vanderbilt Drive, and on the South by Bluebill Avenue. 1.5 PHYSICAL DESCRIPTION The Project extends east from Baker - Carroll Point on the West and includes part of the manmade waterway on the West, to mangrove forests, to a beach dune vegetated with stubby Pine flatwoods. Natural drainage of the upland portion of the property is westerly and northerly into wetlands which border tidal waters. Water management facilities for the project will be of the constructed water storage type, either lake or created wetland marsh type, or a combination of the two. Storm waters which exit the storage areas will do so via one or more control structures which are authorized as a part of the water management permits issued by Collier County and the South Florida Water Management District. Topography within the project is varied, ranging from sea level to 12± feet above sea level. The entirety of the site, except for the mangrove fringe along the West boundary of the property, lies within Flood Zone AE (11 foot elevation) according to FIRM Panel 0189E. Soil types within the project include Basinger Fine Sand, Durbin and Wulfert Mucks, and Urban Land Satellite Complex. The Dunes project will be a multi- family residential and recreational facilities community which will be developed with a maximum of 640 dwelling units. The buildings will range from a height of one hundred and twenty -five (125) feet to one hundred and fifty (150) feet above the mean flood elevation established by law as illustrated on the Master Plan. 1 -2 1 No NOV 14 2000 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Development of the Dunes shall be in accordance with the content of this Planned Unit Development document and applicable sections of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit, and Preliminary Work Authorization, to which such regulations relate. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the County Land Development Code (LDC) shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the Dunes shall become part of the regulations which govern the manner in which the PUD site may be developed. D. Unless modified, waived or excepted by this PUD, the provisions of the LDC, where applicable, remain in full force and effect with respect to the development of the land which comprises this PUD. E. Development permitted hereby will be subject to concurrency review under the provisions of Division 3.15, Adequate Public Facilities, of the LDC. 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES The project Master Plan, including layout of streets and use of land for the various parcels, is illustrated graphically by Exhibit "A ", the PUD Master Development Plan. The nature and extent of land uses within the Project is indicated by the following table: 2.1 1 NOV 14 2000 MAXIMUM LAND USE INTENSITY SUMMARY USE MAX. D.U.'s ACRES Residential 640 47.00+/ - Preserve /Open Space N/A 141.55+/- 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of the PUD, final plans for all required improvements shall receive approval of the appropriate Collier County governmental agencies to insure compliance with the PUD Master Plan, the Collier County Land Development Code, and the platting laws of the State of Florida, if applicable. B. Exhibit "A ", the PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat, if applicable, shall be submitted for the entire area covered by the PUD Master Plan or alternatively for portions or phases thereof as is developed. Any division of land and the development of the land shall be in compliance with Division 3.2 of the Collier County Land Development Code and the platting laws of the State of Florida. C. The provisions of Division 3.3 of the Collier County Land Development Code, when applicable, shall apply to the development of all platted tracts or parcels of land as provided in said Division in effect prior to the issuance of a building permit or other development order. D. The Developer of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a Preliminary Subdivision Plat in conformance with requirements of Division 3.2 of the Collier County Land Development Code prior to the submittal of construction plans and a Final Subdivision Plat for any such portion of the tract or parcel. E. Utility, road, public and private easements shall be established as required during the site development plan and/or plat approval process. F. Appropriate instruments will be provided at the time of infrastructure improvements regarding dedications and the method for providing perpetual maintenance of the common facilities. 2.5 MODEL HOMES/SALES OFFICES Model home, sales centers and other uses and structures related to the promotion and sale of real estate such as, but not limited to, pavilions, viewing platforms, gazebos, parking areas, tents, and signs, shall be permitted principal uses throughout the Dunes Community subject to the requirem o a 2.6.33.4 of the Collier County Land Development Code. No �� 2 -2 FN 0V 1 4 2000 2.6 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to this PUD Ordinance as provided in the Collier County Land Developmei Code, Section 2.7.3.5. 2.7 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE Common area maintenance will be provided by a Master Property Owners' Association to be created by the Developer. The property owners' association shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems, and preserves serving the Dunes community, in accordance with the provisions of this PUD, together with any applicable permits from the Florida Department of Environmental Protection, U.S. Army Corps of Engineers, and South Florida Water Management District. 2.8 LANDSCAPE BUFFERS, BERM, FENCES AND WALLS Landscape buffers, berms, fences, and walls are generally permitted as a principal use throughout the Dunes Community. The following standards can be altered at the time of site plan approval by the Development Service Director: A. Landscape berms shall have the following maximum side slopes: 1. Grassed berms: 4:1 2. Ground covered berms: 3:1 3. Rip -Rap berms: 1:1 4. Structural walled berms: vertical B. Fence or wall maximum height: Six feet (6'), as measured from the finished grade of the ground at the base of the fence or wall. For the purpose of this provision, finished grade shall be considered to be no greater than eighteen inches (18 ") above the highest crown elevation of the nearest existing road unless the fence or wall is constructed on a perimeter landscape berm. In these cases the wall shall not exceed six feet (6') in height as measured from the top of berm elevation for berm elevations with an average side slope of 4:1 or less, and shall not exceed four feet (4') in height from the top of berm elevation for berms with an average side slope of greater than 4:1 (i.e. 3:1). C. Landscape buffers, berms, fences and walls may be constructed along the perimeter of the Dunes PUD boundary prior to subdivision plat or site development plan submittal. All such areas must be included in a landscape buffer easement on final plats, or in a separate recorded instrument. 2 -3 AGEN j No. K NOV 14 2000 D. The South 25 feet of the property will be available for use by the owners of the Dunes Project and by Collier County under the conditions herein set forth. The area shall serve as a landscape buffer for the Dunes that will incorporate landscaping to buffer the Project from the adjoining right -of -way. It may also incorporate a wall or fence meeting County requirements. The area shall also be available for use by Collier County to incorporate a sidewalk, benches, storm sewers and vehicle turnarounds to be used in conjunction with a planned county park and parking area. This area will be established as such in any plat of the property and a non - exclusive easement shall be provided to Collier County that will restrict and limit public use in conjunction with the proposed park and parking area as and when developed. The Developer shall construct the landscaping and sidewalks within the area. Such improvements are site related and are not eligible for impact fee credits. All other improvements related to the proposed park and parking will be constructed by Collier County but may be constructed by the Developer at its election, and at its expense, and subject to approval from the County Parks Director. If the Developer elects to and does construct such other referenced improvements they will be eligible for county park impact fee credit. All setbacks will be measured from the south property line and the foregoing area will be included in the setback. E. The East 35 feet of the property will be available for use by the owners of the Dunes Project and by Collier County under the conditions herein set forth. The area shall serve as a landscape buffer for the Dunes that will incorporate landscaping to buffer the Project from the adjoining right -of -way. It may also incorporate a wall or fence meeting County requirements. The area shall also be available for use by Collier County to incorporate a sidewalk and landscaping. This area will be established as such in any plat of the property and a non - exclusive easement shall be provided to Collier County over said sidewalk. The Developer shall construct landscaping and sidewalks within the area. Such improvements are site related and are not eligible for impact fee credits. All other improvements related to the proposed Vanderbilt Drive improvements will be constructed by Collier County but may be constructed by the Developer at its election, and at its expense, and subject to approval. If the Developer elects to and does construct such other referenced improvements they will be eligible for transportation fee credit. All setbacks will be measured from the east property line and the foregoing area will be included in the setback. 2.9 DESIGN GUIDELINES AND STANDARDS The establishment of a Planned Unit Development is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified ownership or control, as set forth in the Collier County Land Development Code, Section 2.2.20.1. The Dunes community is planned as a private, functionally interrelated community under unified control, to be developed over an extended time period. The Developer will establish community -wide design guidelines and standards to ensure a high and consistent level of quality for community features and facilities, which include items such as landscaping, hardscape, waterscapes, signage, lighting, pedestrian systems, bicycle paths, pavement treatments, roadway medians, fences, walls, buffers, berms and other similar facilities. The Developer will achieve the above objectives by means of recorded covenants, restrictions. NOV 14 2000 2 -4 2.10 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Dunes PUD except in the Preserve District. General permitted uses are those uses which generally serve the Developer and residents of the Dunes community and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: Essential services as set forth under the Collier County Land Development Code, Section 2.6.9.1. 2. Water management facilities and related structures. 3. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 4. Guardhouses, gatehouses, and access control structures. 5. Neighborhood parks, recreational facilities and community centers. 6. Temporary construction, sales, and administrative offices for the Developer and the Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 2.4 of this PUD. 8. Any other use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible. B. Development Standards: Unless otherwise set forth in this Document, the following development standards shall apply to structures constructed under section 2.10 A of this Document. Setback from back of curb or edge of pavement of any road - Fifteen feet (15') except for guard houses, gatehouses, and access control structures which shall have no required setback. 2. Setback from property lines - Twenty (20') feet. 3. Minimum distance between structures - Ten feet (10'). 4. Minimum floor area - None required. NoceN T 2 -5 NOV 14 2000 Pg. 5. Minimum lot or parcel area - None required. 6. Sidewalks, bikepaths, and cartpaths may be placed within County required buffers; however the width of the required buffer shall be increased proportionately to the width of the paved surface of the sidewalk, bikepath, or cartpath with approval of the Collier County Planning Services Department. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein, are to be in accordance with the Collier County Land Development Code in effect at the time of Site Development Plan approval. 2.11 OPEN SPACES REQUIREMENTS The PUD Master Plan identifies approximately 165 acres included in the Recreation, Landscape/Open Space, Lakes and Preserve District designations. These areas fully satisfy the open space requirements of Section 2.6.32. of the Collier County Land Development Code. 2.12 NATIVE VEGETATION RETENTION REQUIREMENTS Twenty Five Percent (25 %) of the viable naturally functioning native vegetation on site shall be preserved or as otherwise approved with this PUD for a larger area of preservation. NOV 14 2000 2 -6 SECTION III RESIDENTIAL DEVELOPMENT AREAS 3.1 PURPOSE The purpose of this Section is to establish land use regulations and development standards for the residential development areas indicated on Exhibit "A ", the PUD Master Plan. 3.2 MAXIMUM DWELLING UNITS The maximum number of dwelling units permitted in the entire PUD is 640. The property contains a gross acreage of 188.55+/- acres and based on a density of 3.39 dwelling units per gross acre, the PUD provides for 640 dwelling units. This action makes the land use and density consistent with the Future Land Use Element of the Growth Management Plan. Distribution of the dwelling units in the residential areas is not predetermined and may occur as authorized via the Site Development Plan approval process. 33 GENERAL DESCRIPTION Areas designated "R" on the Master Plan are designed to accommodate multi - family dwelling types, accessory recreational facilities, essential services, and other customary accessory uses. Final tract configuration and actual acreages of all development tracts will be provided at the time of Sif Development Plan or Preliminary Subdivision Plat approvals in accordance with Division 3.3 and Division 3.2, respectively, of the Collier County Land Development Code. Residential tracts are designed to accommodate intemal roadways, open spaces, parks and amenity areas, lakes and water management facilities, and other similar uses found in residential areas. 3.4 USES PERMITTED A. Principal Uses Multi- family dwellings including garden apartments. 2. Public parking lot. B. Accessory Uses Uses and structures customarily associated with the permitted principal uses. 1 Boathouses and docks, subject to Sec. 2.6.21. of the Collier County Land Development Code. 3 -1 NOV 14 2000 3. Recreational facilities and amenities that serve as an integral part of the residential de . elopment and have been designated, reviewed and approved on a Site Development Plan or Preliminary Subdivision Plat for that development. Recreational facilities may include, but are not limited to clubhouse, community center building and tennis facilities, parks, playgrounds and playflelds. 4. Any other accessory use which is comparable in nature with the foregoing us,. : and which the Planning Services Department Director determines to be compatible. 3.5 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for the land uses within the "R" Residential Districts. B. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with the Collier County Land Development Code in effect at the time of Site Development Plan approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. C. Development standards for uses not specifically set forth in Table 1 shall be established during the Site Development Plan approval process as set forth in Division 3.3 of the Land Development Code in accordance with those standards of the zoning district which is most similar to the proposed use. All yards and setbacks shall be in relation to the individual parcel boundaries, except as otherwise provided for by this Document, or except as authorized via the Site Development Plan approval process. 3 -2 THE DUNES COMMUNITY DEVELOPMENT STANDARDS FOR TABLE 1 DEVELOPMENT MULTI- HIGH -RISE HIGH -RISE STANDARDS FAMILY MULTI -FAM MULTI -FAM DWELLINGS I DWELLINGS II DWELLINGS II Parcel R -3 Parcel R -2 Parcel R -1 Minimum N/A N/A N/A Lot Area Minimum Lot Width N/A N/A N/A Front Yard 20 0.5 BH 0.5 BH Front Yard Vanderbilt N/A N/A 125 *2 Drive Front Yard for Side Entry Garage 15 N/A N/A Side Yard 0.5 BH 0.5 BH 0.5 BH Rear Yard Principal BH BH BH Rear Yard Accessory 15 15 15 Rear Yard 't 0.5 BH 0.5 BH 0.5 BH Maximum Not to exceed Not to exceed Bldg Height 25 125' 12 stories 150' 15 stories Distance Between Principal Structures 0.5 SBH 0.5 SBH 125 Floor Area 2000 SF 1800 SF 1800 SF Min. (S.F.) BH: Building Height is measured from the Mean Flood Elevation to the highest habitable ceiling height. S °H:( °cm, of Building Height): Combined height of two adjacent buildings for the purposes of determining setback requirements. All distances are in feet unless otherwise noted. .I - Rear yards for principal and accessory structures on lots and tracts which abut a lake, non - jurisdictional open space or native vegetation preservation areas maybe zero (0') feet except that when abutting a lake or water body an architectural bank treatment shall be incorporated into the design. '2 - Garage set back from Vanderbilt Drive shall be a minimum of 50 feet. Front yards shall be measured as follows: A. If the parcel is served by a public right- of-way, setback is measured from the adjacent right -of -way line. B. If the parcel is served by a private road, setback is measured from the back of curb (if curbed) or edge of pavement (if not curbed). 3 -3 1 NOV 14 2000 SECTION IV PRESERVE DISTRICT 4.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Dunes PUD designated on the Master Plan as Preserve District. 4.2 GENERAL DESCRIPTION Areas designated as Preserve on the Master Plan are designed to accommodate a full range of conservation and limited water management uses and functions. The primary purpose of the Preserve District is to retain viable naturally functioning wetland and xeric upland systems, to allow for restoration and enhancement of impacted or degraded wetland systems, and to provide an open space amenity for the enjoyment of the Dunes community residents. 4.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures Passive recreational areas, boardwalks, including recreational shelters and restrooms. 2. Biking, hiking, nature and equestrian trails (excluding asphalt paved trails in wetlands). 3. Water management facilities, structures and lakes, including lakes with bulkheads or other architectural treatments. 4. Nature conservancy structure. 5. Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the Preserve District. 4.4 DEVELOPMENT STANDARDS A. All structures shall set back a minimum of five feet (5') from Preserve District boundaries and roads, except for pathways, boardwalks and water management structures which shall have no required setback. B. Lighting facilities shall be arranged in a manner which will protect roadways properties from direct glare or unreasonable interference. I No C. Maximum height of structures - Twenty five feet (25'). NOV 14 2000 4 -1 N D. Minimum distance between principal structures - Ten feet (10'). E. Minimum distance between accessory structures - Five feet (5'). F. Minimum floor area - None required. G. Minimum lot or parcel area - None required. H. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. 4.5 PRESERVE AREA CONSERVATION EASEMENT A non - exclusive conservation easement or tract is required by Collier County Land Development Code, Section 3.2.8.4.7.3. for lands included in the Preserve District. In addition to Collier County, a non - exclusive conservation easement may also be required by other regulatory agencies with jurisdiction over Preserve District lands. In addition to complying with the provisions of the Collier County Land Development Code, said easement shall be provided in accordance with the terms set forth in any applicable permit granted by other agencies. The Master Property Owners' Association shall be responsible for control and maintenance of lands within the Preserve District. 4 -2 NOV 14 2000 SECTION V GENERAL DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the Project. 5.2 GENERAL All facilities shall be constructed in strict accordance with this PUD document, Final Site Development Plans, Final Subdivision Plats, and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the Land Development Code, Division 3.2 shall apply to this Project even if the land within the PUD is not to be platted. The Developer, its successor and assigns, shall be responsible for the commitments outlined in this document. 5.3 PUD MASTER PLAN A. Exhibit "A ", the PUD Master Plan, illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries or special land use boundaries, shall not be construed to be specific and may be modified during the platting or site development plan approval process. Subject to the provisions of Section 2.7.3.5. of the Land Development Code, PUD amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the Project. C. The following shall be considered minor changes and refinements: Reconfiguration of preserve areas, jurisdictional wetland limits, and mitigation features as a result of regulatory agency review. 2. Reconfiguration of lakes, ponds, canals, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County and where there is no further encroachment into preserve areas. 3. Internal realignment of rights -of -way other than a relocation of access points to the PUD. 4. Reconfiguration of residential parcels when there is no encroachment into preserve areas. NO. NOV 14 2000 5 -1 5.4 5.5 5.6 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION A. Initiation of construction on the Dunes project began in calendar year 1999. Marketing of residential sites began in calendar year 1998. Construction is expected to be concluded by not later than calendar year 2009. B. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6. of the Collier County Land Development Code. POLLING PLACES Pursuant to Section 2.6.30. at the Land Development Code, provision shall be made for the future use of space within a common building for the purpose of accommodating the function of an electoral polling place. An agreement shall be recorded in the Official Records of the Clerk of the Circuit Court of Collier County, which shall be binding upon the Developer any and all successors in interest that acquire ownership of such common areas including, but not limited to, condominium associations, homeowner associations, or community recreation/public buildings/public rooms or similar common facilities. Said agreement shall provide that such common facilites shall be used for a polling place if determined to be necessary by the Supervisor of Elections. SUBDIVISION REQUIREMENTS AND STANDARD DESIGN SUBSTITUTIONS A. Private streets shall conform with the right -of -way width requirements of Subsection 3.2.8.4.16.5. of the LDC except as follows: Cul -de -sac and local streets less than one thousand feet (1,000') in length are required to have a minimum forty foot (40') right -of -way width and two ten foot (10') wide travel lanes as required by Subsection 3.2.8.4.16.5 of the LDC. 2. All other cul -de -sacs are required to have a minimum forty foot (40') right -of -way width and two ten foot (10') wide travel lanes as required by Subsection 3.2.8.4.16.5 of the LDC. 3. All other local streets are required to have a minimum forty foot (40') right -of -way and two ten foot (10') wide travel lanes as required by Subsection 3.2.8.4.16.5 of the LDC. B. Cul -de -sacs may exceed a length of fifteen hundred feet (1500') as required by Subsection 3.2.8.4.16.6 of the LDC. C. Tangents between reverse curves shall not be required, Subsection 3.2.8.4.16.10 of the LDC. D. Street grades may exceed the four percent (4 %) requirement of Subsec ' � of the LDC provided that applicable Florida Department of Transporta ion, "a Uniform Minimum Standards (FDOT MUMS) and AASHTO criteria e met. P NOV 14 2000 5 -2 5.7 TRANSPORTATION The development of this PUD Master Plan shall be subject to and governed by the following conditions: A. Work within the Collier County right -of -way shall meet the requirements of the Collier County Right -Of -Way Ordinance No. 93 -64. B. Both northbound and southbound turn lanes shall be required on Vanderbilt Drive. These turn lanes shall be in place and available for all phases of the Project including initial construction, sales center operation and residential and associated uses. C. Both eastbound and westbound turn lanes may be ultimately required for the proposed secondary entrance from Bluebill Avenue. Turn lanes shall be constructed in accordance with Collier County Right -of -Way Ordinance number 93 -64. A driveway connection with a 50 foot radius shall be sufficient for serving the sales facility prior to the issuance of turn lane warrants. The completion of the access on Bluebill Avenue shall be coordinated with the completion of the proposed County park. The Bluebill Avenue access may be developed as a shared joint access with the County park. The Bluebill Avenue access shall be a secondary access for the Dunes development and may be eliminated at the Developer's request subject to approval by the County Transportation Department. Construction traffic and other truck traffic shall not be permitted through the Bluebill Avenue access. A sales facility and entrance may be operated by the Developer using this secondary entrance. Guests, deliveries, and all truck traffic shall use the main access on Vanderbilt Drive. A properly functioning card entry gate is an acceptable means of establishing the Bluebill Avenue access as a secondary entrance. D. The applicant shall be responsible for the installation of street lighting at all Project entrances at the time of the commencement of construction. E. Substantial competent evidence shall be provided by the Developer to the effect that the Project is designed to provide capacity and treatment for historical roadway runoff. In addition, site drainage shall not discharge directly in any roadway drainage system. F. All required improvements, excluding right -of -way donations for roadway segments specifically mentioned in the County's Five -Ten Year Work Plan, shall be considered "site related" as defined in Ordinance 2000 -03, the Collier County Road Impact Fee Ordinance, and shall not be eligible for credit toward any road impact fees required by that Ordinance. This stipulation specifically refers to site - related turn lanes mentioned in Paragraphs C and D above. G. The Developer shall contribute its fair share contribution toward the cost of traffic signals at any project entrance or at the intersection of Vanderbilt Drive and 111 th Street, if and when deemed warranted by the County. Such traffic signals shall be owned, operated and maintained by the County. H. Compensating right -of -way for turn lanes and median areas shall be dedicated by the Developer to reimburse the County for the use of existing rights -of -way following the requirements authorized by Section 2.2.20.3.7. of the Collier County Land Development Co EN A EM dedications shall be considered site related and there shall be no road impact f e cr t he Developer. / 1 8 NOV 1 4 2000 s -3 �_i I. The Developer shall be responsible for the construction of a minimum 5 foot wide (minimum 6 foot wide along back of curb over the existing bridge) concrete sidewalk along the north side of the Bluebill Avenue frontage and up to and tying into the sidewalk at Delnor Wiggins Park to the west and Vanderbilt Drive to the east. The construction of the sidewalk shall be coordinated with the completion of the proposed County park relative to grade and location. Sidewalk improvements over the bridge may require additional bridge widening to accommodate travel lanes, bike lanes, curb and gutter, sidewalks and safety barriers. Such improvements are considered site related and there shall be no road impact fee credit due to the Developer. The Developer may satisfy this requirement by contributing the necessary funds for the improvements to Collier County. 5.8 WATER MANAGEMENT The development of this PUD Master Plan shall be subject to and governed by the following conditions: A. A copy of the SFWMD Surface Water Permit or Early Work Permit with staff report is required to be submitted to staff prior to final construction plan approval. B. An Excavation Permit will be required for the proposed lakes in accordance with Division 3.5 of the LDC and SFWMD rules. 5.9 UTILITIES The development of this PUD Master Plan shall be subject to and governed by the following conditions: A. Water distribution, sewage collection and transmission lines to serve the project are to be designed, constructed, conveyed, and/or owned and maintained in accordance with Collier County Ordinance No. 97 -17, as amended, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. C. The on -site water distribution system serving the Project must be connected to the District's water main and must be consistent with the main sizing requirements specified in the County's Water Master Plan and extended throughout the Project. During design of these facilities, the following features shall be incorporated into the distribution system: 1. Dead -end mains shall include dead -end flushing hydrants. 2. Stubs for future system interconnection with adjacent properties shall be provided to the property lines of the project at locations to be mutually agreed to by the County and the Developer during the design phase of the Project. D. The utility construction documents for the Project's sewerage system shall ind - No sewage flowing to the County's master pump station is transmitted by one(]) Famon-siepump station. Due to the design and configuration of the master pump station, flow ,3y y�nto ffi 5 -4 station will not be possible. The Developer's engineer shall meet with the County staff prior to commencing preparation of construction drawings so that all aspects of the sewerage system design can be coordinated with the County's Sewer Master Plan. E. The existing off -site water facilities of the District must be evaluated for hydraulic capacity to serve this Project and reinforced as required, if necessary, consistent with the County's Water Master Plan to insure that the District's water system can hydraulically provide a sufficient quantity of water to meet the anticipated demands of the Project and the District's existing committed capacity. F. The existing off -site sewage transmission facilities of the District must be evaluated for the hydraulic capacity to serve this Project and improved as required outside the Project's boundary to provide adequate capacity to transport the additional wastewater generated without adverse impact to the existing transmission facilities. 5.10 ENVIRONMENTAL The development of this PUD Master Plan shall be subject to and governed by the following conditions: A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Review Staff. Removal of exotic vegetation shall not be the sole means of mitigation for impacts to Collier County jurisdictional wetlands. B. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 640.06 of the Florida Statutes. Buffers and setbacks shall be in accordance with Subsection 3.2.8.4.7.3 of the Collier County Land Development Code. C. Buffers around preserved jurisdictional wetlands shall be in accordance with the State of Florida Environmental Resource Permit Rules. Preserved jurisdictional wetlands and surrounding buffers shall be incorporated in the conservation areas which shall be platted. D. An exotic vegetation removal, monitoring, and maintenance (exotic -free) plan for the site, with emphasis on the conservation/preservations areas, shall be submitted to Current Planning Review Staff for review and approval prior to final site plan/construction plan approval. E. The Developer shall comply with the guidelines and recommendations of the Florida Fish and Wildlife Conservation Commission (FFWCC) regarding impacts to protected wildlife species. F. In the event the Project does not require platting, all conservation areas shall be recorded as conservation/preservation tracts or easements dedicated to an approved entity or to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Section 640.06. of the Florida Statutes. AGEN "f)l No. 9, 1 s -s 1 NOV 14 2000 G. A gopher tortoise survey and relocation / management plan shall be submitted to Current Planning Staff for review and approval prior to final site plan/construction plan approval. A copy of the relocation/management plan shall be included on the final site plans/construction plans. 5.11 ACCESSORY STRUCTURES Accessory structures shall be constructed simultaneously with or following the construction of the principal structure except that temporary sales buildings, trailers, marketing facilities, contractors' storage and office facilities and the like, may be erected and utilized during the period of project development and marketing. Such temporary buildings shall be removed upon completion of the marketing or construction activity which they are accessory to. 5.12 SIGNS All signs shall comply with Division 2.5 of the Land Development Code in effect at the time of building permit application. 5.13 LANDSCAPING FOR OFF - STREET PARKING AREAS All landscaping for off - street parking areas shall be in accordance with the Division 2.4 of the Land Development Code in effect at the time of building permit application. 5.14 PROVISION FOR OFF -SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stockpiling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. If it is demonstrated that fill activities on those buildable portions of the project site are such that there is a surplus of earthen material, then its off -site disposal is also hereby permitted subject to the following conditions: Excavation activities shall comply with the definition of a "development excavation" pursuant to Division 3.5 of the Land Development Code whereby off -site removal shall be limited to ten percent (to a maximum of 20,000 cubic yards) of the total volume excavated unless a commercial excavation permit is received. 2. All other provisions of said Division 3.5 are applicable. NOV 14 2000 5 -6 III Ni D 4 ......:.:... ... w O E .. _ . _... `Ilt s . . . . . .. . -. . .. . . II • 0 l! JIX! II ,SO SCALE I -- 150' •. •.• .• u li •JiWlY -. . -. II RwSCAwnPV 0.5OrtN0/ . . • 11 FIIAVD/IMMO /H(SERK 1 ®C4VSf��' ]UN (AY4fN1/ 1 nlRmwr ... .•- vpfs(mr,-- .•••.�1I nI • lva wr Mus CVRETTWI it AIO slaccr m a6ac�nnl/ ii o..'r rvw m Nvslmrrncw 1 rclevrw 1 U II • . . it i . • I III I� I111 1I RI • • • ' III I • j� I I . . . II I • II • II I� • 11 y II I� ' 11 • � . 11 II 11 11 RS l � II II { II . II p � "I II � •r.rr� �I I ___— _— __ —_ —_— - - - --- PU _ PLAN - EXHIBIT A EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOAi ;D OF COUNTY COMMISSIONERS ADOPT BY ORDINANCE THE IMMOKALEE URBAN INFILL AND REDEVELOPMENT PLAN FOR THE PURPOSES OF THE URBAN INFILL AND REDEVELOPMENT ASSISTANCE GRANT PROGRAM AND AUTHORIZE THE CHAIRMAN TO SIGN THE MEMORANDUM OF UNDERSTANDING WITH THE SCHOOL BOARD AND TO SIGN THE PLANNING GRANT APPLICATION. OBTECTIVE: To qualify the Immokalee community for the Urban Infill and Redevelopment Assistance Grant Program and to submit an implementation matching grant application for $300,000 to be used to improve the housing conditions in Immokalee. BACKGROUND: In June'2000, the Department of Community Affairs announced the availability of grant funds under the Urban Infill and Redevelopment Assistance Grant Program pursuant to section 163.2511, Florida Statutes. The specific purpose of this program is to have local governments develop a collaborative and holistic urban infill and redevelopment plan and to implement projects located within the designation. Over the past several years the County has collaborated with several community organizations to develop a comprehensive approach to redevelopment within the Immokalee community, including the Immokalee Area Master Plan, the Immokalee Community Redevelopment Plan, the Federal Enterprise Community Strategic Plan and most recently the Immokalee Housing Initiative. If awarded, this grant will leverage local, state and federal dollars to implement the goals of redevelopment within the community. The grant application requires the following steps to be undertaken: 1. An Urban Infill and Redevelopment Area boundary must be delineated on the Future Land Use Map of the Growth Management Plan. The Board adopted CP2000 -10, which amended the Immokalee Future Land Use Map to delineate the Urban Infill and Redevelopment Area boundary on October 24, 2000. 2. A Memorandum of Understanding between the district school board and the local government regarding the public school facilities located within the urban infill and redevelopment area must be provided stating that public school facilities and programs in the designated area will be enhanced. The Collier County School Board was presented the memorandum at their November 2, 2000 School Board meeting. 3. An Urban Infill and Redevelopment Plan must be adopted by ordinance. The Immokalee Urban Infill and Redevelopment Plan was prepared based on the Immokalee Strategic Plan prepared for the Federal Enterprise Community designation and the Immokalee Section of the Community Redevelopment Plan adopted by Resolution 2000 -181 on June 13, 2000. CONSIDERATIONS: The adoption of this plan fulfills one of the grant application requirements. Adoption of this plan does not affect the adoption of the Community Redevelopment Plan for purposes of Part III, Chapter 163, Florida Statutes. an mmuesm NOV 14 2000 PQ. I If these items are approved, staff will be submitting an implementation matching grant application for $300,000 to the Florida Department of Community Affairs. If awarded, the grant award will provide an opportunity for additional funding to leverage other funding sources to implement the goals of the Immokalee Area Master Plan and the Community Redevelopment Plan. FISCAL IMPACT: If approved, staff will submit a grant application for $300,000 requiring the County to match the grant request. State Housing Initiatives Program (SHIP) funds will provide the $300,000 of the County's required match for the grant application. Funds are available. GROWTH MANAGEMENT IMPACT: Approval of these items will allow staff to proceed with submitting the Urban Infill and Redevelopment Assistance Grant Application. If the grant award is received it will further the goal of the Immokalee Area Master Plan to provide safe and affordable housing in the Immokalee community CCPC RECOMMENDATION: Not Applicable ENVIRONMENTAL ISSUES: Not Applicable HISTORICALIARCHEOLOGICAL IMPACT: Not Applicable PLANNING SERVICES RECOMMENDATION: That the Board of County Commissioners adopt the Immokalee Urban Infill and Redevelopment Plan and authorize the Chairman to sign the Memorandum of Understanding and the grant application so that staff can proceed with submitting the grant application PREPARED BY: October 31, 2000 DEBRAH PREST N, AICP DATE CHIEF PLANNER COMPREHENSIVE PLANNING SECTION REVIEWED BY: STAN LITSIN R, AICP DATE COMPREHENSIVE PLANNING MANAGER �— NOV 14 2000 -2- BOB MfJLHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR APPROVED BY: JO DUNNUCK INTERIM ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SERVICES -3- U1.) DATE � \\-ZlC a DATE NOV 14 2000 Pt• J .- MEMORANDUM OF UNDERSTANDING This is a Memorandum of Understanding between the District School Board of Collier County ( "School Board ") and the Collier County Board of County Commissioners ("County") in support of the Immokalee Urban Infill and Redevelopment assistance grant. The School Board recognizes the need to provide the children and parents in Immokalee with updated school facilities and effective educational programs. The district is committed to a continuing improvement process to enhance school facilities and instructional programs In the Immokalee area, including after school programs, instructional technology, and involving the community in school planning and program design. The Collier County Board of County Commissioners is committed to implementing the Urban Infill and Redevelopment Assistant Grant and is pledging to contribute $300,000 in -financial support and staff resources to the program. The School Board and the ;County will continue to explore joint opportunities to improve programming, facilities, and community participation in the Immokalee area. Facilities - Renovations and capital ! plans for schools located in the designated area total approximately $1.4m over the next two years. One of the main enhancements is recent completion of the Immokalee Athletic Field House at a cost of $227,000. A second major facilities enhancement is a $600,000 renovation to Pinecrest Elementary School that includes expansion of the cafeteria, new exterior, and extended outside covered walkways. The District School Board of Collier County leased (with option to buy) a 3.835 parcel of land to the, South Florida Workforce Development Board for the purpose of building a 27,150 square foot, One -Stop Service Center. The Center will house the offices of several agencies to enhance social services within the designated area. The School Board will provide appropriate focus on the execution of the recently awarded 21" Century Community Learning Center grant from the United States Department of Education; The three -year, $4m grant ensures the four elementary schools and the charter school have the resources to create the finest after school academic and arts enrichment programs. The project is a collaboration among the school district and twelve community agencies all working to provide more leprning opportunities to children and their families. AGENDA ITEM Na Z9L0 NOV 14 2000 At• // - s a • • M The District School Board', has provided each of the six schools in the designated area with a minimum of five computers for each classroom and high -speed internet access. In addition, each school will have an audio /video distance learning system. Distance Learning provides opportunities for teachers to update their skills through training programs offered by the 1pcal state university, Florida Gulf Coast University, as well as training conducted by the district. Students will also have an expanded source of learning opportunities through the technology of distance leaming. Dan W. White Superintendent of Schools' James D. Carter, Ph.D Chairman Collier County Board of County Commissioners Date NO,- .'2(C. _/_ NOV 14 2000 PQ. V ORDINANCE NO. 2000- AN ORDINANCE ADOPTING THE IMMOKALEE URBAN INFILL AND REDEVELOPMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA; FOR PURPOSES OF THE URBAN INFILL AND REDEVELOPMENT ASSISTANCE GRANT PROGRAM; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Urban Intl) and Redevelopment Assistance Grant Program is available pursuant to Sections 163.2511- 163.2526, Florida Statutes, and WHEREAS, a portion of the Immokalee community meets the criteria to qualify as an Urban Infill and Redevelopment area pursuant to Section 163.2514(2), Florida Statutes; and _ WHEREAS, the Collier County Board of County Commissioners adopted Ordinance 2000- 66 to delineate the Urban Infill and Redevelopment Area boundaries on the Immokalee Future Land Use Map; and WHEREAS, Collier County has held public hearings and provided for and encouraged public participation throughout the community process for the Immokalee community to develop and implement various plans and studies since 1991; and WHEREAS, Collier County has established the Collier County Community Redevelopment Agency and has adopted Resolution 2000 -82 finding the existence of blight conditions in the Immokalee area; and WHEREAS, Collier County has adopted Resolution 2000 -181 adopting a Community Redevelopment Plan to address the redevelopment needs in the Immokalee area pursuant to Part III, Chapter 163 of the Florida Statutes; and WHEREAS, the Immokalee Urban Infill and Redevelopment Plan was prepared based on previously adopted mans for the Immokalee community and meets the criteria pursuant to Section 163.2517(3), Florida Statutes; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: ADOPTION OF THE IMMOKALEE URBAN INFILL AND REDEVELOPMENT PLAN. The Board of County Commissioners hereby adopts the Immokalee Urban Infill and Redevelopment Plan in accordance with Section 163.2517, Florida Statutes which Plan is incorporated herein and attached hereto as Exhibit A. Adoption of this Plan does not affect the adoption of the Community Redevelopment Plan for purposes of Part III, Chapter 163, Florida Statutes. SECTION TWO: SEVERABILITY. - If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. NOV 14 2000 SECTION THREE: EFFECTIVE DATE. This Ordinance shall take effect immediately upon its adoption. PASSED AND DULY ADOPTED by the Board of Coun :ommissioners of Collier County this _ day of , 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: JAMES D. CARTER, Ph.D. Chairman Approved as to form and legal sufficiency: MARJORIE M. STUDENT Assistant County Attorney i r� Memorandum To: Board of County Commissioners From: Debrah Preston4,ief Planner, Comprehensive Planning Date: November 9, 2000 Subject: November 14, 2000 BCC Agenda Item 12 C.1 Attached for your review is the Immokalee Urban Infill and Redevelopment Plan that will be presented to the Board of County Commissioners on November 14 for adoption by Ordinance. The Plan is referred to as "Exhibit A" in the Ordinance included in your regular executive summary packet. The regular Executive Summary packet for this agenda item does not include the plan, as this back -up material is too voluminous to copy. Instead, staff is providing you with a copy of the Ordinance and Exhibit A under this separate memorandum. cc: Tom 011iff, County Manager (w/ attachment) John Dunnuck, Interim Administrator, Community Dev. & Environ. Services(w /o attachment Robert Mulhere, AICP, Planning Services Director (w /o attachment) Stan Litsinger, AICP, Comprehensive Planning Manager (w /o attachment) Sue Filson, Administrative Assistant (w/ attachment) File /copy for public review (w/ attachment) Community Development & Environmental Services Division ORDINANCE NO. 2000- AN ORDINANCE ADOPTING THE IMMOKALEE URBAN INFILL AND REDEVELOPMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA; FOR PURPOSES OF THE URBAN INFILL AND REDEVELOPMENT ASSISTANCE GRANT PROGRAM; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Urban Infill and Redevelopment Assistance Grant Program is available pursuant to Sections 163.2511 - 163.2526, Florida Statutes, and WHEREAS, a portion of the Immokalee community meets the criteria to qualify as an Urban Infill and Redevelopment area pursuant to Section 163.2514(2), Florida Statutes; and WHEREAS, the Collier County Board of County Commissioners adopted Ordinance 2000- 66 to delineate the Urban Infill and Redevelopment Area boundaries on the Immokalee Future Land Use Map; and WHEREAS, Collier County has held public hearings and provided for and encouraged public participation throughout the community process for the Immokalee community to develop and implement various plans and studies since 1991; and WHEREAS, Collier County has established the Collier County Community Redevelopment Agency and has adopted Resolution 2000 -82 finding the existence of blight conditions in the Immokalee area; and WHEREAS, Collier County has adopted Resolution 2000 -181 adopting a Community Redevelopment Plan to address the redevelopment needs in the Immokalee area pursuant to Part 111, Chapter 163 of the Florida Statutes; and WHEREAS, the Immokalee Urban Infill and Redevelopment Plan was prepared based on previously adopted plans for the Immokalee community and meets the criteria pursuant to Section 163.2517(3), Florida Statutes; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: ADOPTION OF THE IMMOKALEE URBAN INFILL AND REDEVELOPMENT PLAN. The Board of County Commissioners hereby adopts the Immokalee Urban Infill and Redevelopment Plan in accordance with Section 163.2517, Florida Statutes which Plan is incorporated herein and attached hereto as Exhibit A. Adoption of this Plan does not affect the adoption of the Community Redevelopment Plan for purposes of Part III, Chapter 163, Florida Statutes. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. This Ordinance shall take effect immediately upon its adoption. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this day of , 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: Approved as to form and legal sufficiency: MARJORIE M. STUDENT Assistant County Attorney JAMES D. CARTER, Ph.D. Chairman 0 10 Exhibit A IMMOKALEE URBAN INFILL AND REDEVELOPMENT AREA PLAN A- 311. *61_ Alegut4210 Appendix A Memorandum of Understanding 21 Page 1. Introduction 1 2. Community Overview 1 3. Existing Designations 2 4. Coordination 9 5. Community Objectives 9 6. Area Characteristics and Analysis 12 7. Neighborhoods 12 8. Implementation 19 9. Crime Reduction 19 10. Land Development Code 19 11. Transportation Issues 19 12. Financial and Local Government Incentives 19 13. Performance Measures 20 Appendix A Memorandum of Understanding 21 INTRODUCTION The Immokalee Urban Infill and Redevelopment Plan has been formulated in close cooperation with the people of Immokalee and is based on the objectives identified by community members in a series of public workshops. This area Plan is a guide for the physical and economic revitalization and enhancement of the Immokalee Community. This area Plan capitalizes on the existing Main Street Project, the federal Enterprise Community designation, the Florida Enterprise Zone Designation, the Regional Airport Industrial Park and Lake Trafford to create a catalyst for revitalizing the community and improving the housing stock. COMMUNITY OVERVIEW Immokalee has long been considered isolated from the coastal County both in location and demographics. Immokalee's development is based on its agriculture resources, which resulted in Immokalee becoming the leading producer of winter vegetables in the United States. However, as the economics of agriculture changed the social problems associated with low wages, an unskilled labor force, and a transient multi - cultural population grew. One of the results has been a lack of reinvestment into the area. The economy of rural Southwest Florida has been and continues to be based primarily on agriculture, which has not kept pace with job growth throughout the State of Florida. Rural Florida continues to have lower earned income, higher unemployment, lower property values and fewer opportunities for employment. Regionally, the major economic contributors are retirement, tourism, construction, agriculture and the environment. Although tourism has a major impact on the regional urban economy, the Immokalee Community has yet to reap the benefits. Located in northeastern Collier County, the Immokalee Community is located approximately 45 miles from the County seat of Naples. This rural unincorporated area is primarily agricultural. There is one major roadway — Immokalee Road or CR 846- into the community from Naples. State Road 29 provides access into the Community from the northern Counties of Lee and Hendry. Although there are approximately 16,764 acres of land within the redevelopment area, 60% is currently in agricultural use. The remaining land is a mixture of residential, commercial and industrial uses. The estimated 1998 permanent population of Immokalee is 17,806. However, the population nearly doubles during the winter months due to the agricultural industry. This increase occurs when the harvest season for vegetables and citrus is at its peak. The 1998 projected peak season population for Immokalee is 32,929. The Immokalee population is considerably different from Collier County as a whole. The 1990 median age in Immokalee is estimated at 21 years while the Collier County median age is estimated at 41 years. In 1990, 65% of Immokalee's population was of Hispanic origin, which may be of any race, in comparison to 8% of the remainder of Collier County's population being of Hispanic origin. The 1990 household median income in Immokalee was $15,170 in comparison to Collier County's median household income of $34,001. According to the 1990 U.S. Census 45% of the population was below poverty level. Housing Stock There vrcr e 5,1 66' un;fS r °vpor ported by the Riirea,1 of fhe_UI C. Census in 1990, only 18 were vacant. Within the total number of units occupied in Immokalee the average person per household rate for owner occupied units is 3.86 and the rate for renter occupied units is 3.57. The number of mobile homes /trailers reported by the 1990 Census is 1805. According to the Census the bulk of housing was constructed between 1970 to 1988. Seven percent of the existing housing stock was built prior to 1960. The 1994 Immokalee Housing Study reported 1,282 housing units in need of rehabilitation or demolition. Sixty percent of the units in need of rehabilitation were mobile homes. A large portion of the housing stock is used to house the migrant farm population. The Florida Health Department that monitors migrant camps has cited overcrowding and deteriorated structures as problem areas. The dwelling units are primarily cinder block homes with some wood - framed houses built by Habitat for Humanity. There are several multi - family apartment complexes. Commercial Stock South Immokalee consists of older, small commercial buildings. The Main Street Corridor has a few vacant structures, some of which are in need of rehabilitation or demolition. Newer commercial development has occurred along SR29. This new development is primarily strip highway commercial type. The Plan identifies developing specific standards for this Corridor as part of the Immokalee Overlay District. New Market Road is a mixture of industrial packinghouse facilities and small, older commercial buildings. This area is also scheduled to have an Overlay developed to meet the specific needs of this commerce center. Employment Opportunities Most of the County's agricultural production occurs in and around Immokalee. The largest employment sector is in agriculture. The incomes of individuals working on farms is substantially below those working in other jobs. In 1986, the average weekly wage of a person working in agriculture was $102 as compared to those in the retail trade sector that earned an average of weekly wage of $209. A large number of the residents of Immokalee travel to Naples to work in the service, construction or landscape industry. The majority of professional people who are employed in Immokalee live outside of the area. In 1996, the five largest employers in Immokalee were: Collier County Schools (1,089); Six -L's Packing (600); Seminole Indian Casino (306); Marion E. Fether Medical Clinic (170) and N.T. Gargiulo (98). There are a large number of small retail establishments scattered throughout the community to serve the migrant population who are primarily pedestrians. EXISTING DESIGNATIONS The Immokalee Urban boundary was identified in 1991 with the adoption of the Immokalee Area Master Plan. That Plan is a separate component of the Collier County Growth Management Plan. It contains goals, objectives and policies that govern the future development and redevelopment of the community. Figure 1 illustrates the Urban Infill and Redevelopment Area as delineated on the Immokalee Future Land Use Map Gdopted by the Qnnrd of (.nwin hi (nrnmiceinncre nn October 2a 2000 rni�rci� ant 4n •,r Sections163.2511- 163.2526, Florida Statutes. The area within the Urban Infill and a W Q Z 2 IL O W W W 0 J LL Z Z Q m W J Y 5O S` i FIGURE 1 59ti1 - ♦ a ♦ ♦ i ♦ i ♦ a ♦ ♦ ♦ a lV a ♦ ♦ ♦ a ♦ a a a a ♦ a a a a a a ♦ a a a a ♦ Q a a a ♦ ♦ a i a ♦ � ♦ ♦ a a ♦ a a a a a ♦ a j� a ♦ a a i i ♦ a ♦ a a a ♦ a a i ♦ ♦ a ♦ a a a ' a a a ♦ � ♦ a 1 7 a i cQ N O Z W � ' ♦ ♦ ♦ W ' , ' a ♦ ♦ a a ° i � a i um p T 5 zv 1 I !!� f W om �j 0: V' a � ♦ i s ' ' jgq all nr T W Al ♦ ' a a a r a �' ♦ a ♦ a W 1s zj J Q U C a a i� a �� ♦ ♦ a a , i a ♦ a a a a ♦ � i ♦ ♦ ♦ a a a i a a a a i a a a a ♦ a a ♦ a ♦ a , a s a a a i i a a ♦ a ♦ a a ♦ a i a ♦ i i i ♦ a a a i ♦ a i a a a ♦ a a a a ♦ a , a a ♦ a , ♦ a ♦ i a a a ♦ a i a ♦ a a a ♦ a ♦ a a ♦ a ♦ > ♦ a ♦ ♦ , a a a a a a ♦ ♦ a ♦ a ♦ a ♦ i a a a a a a i a a a ♦ a W W ♦ i a a ♦ ♦ a , a a , a a a a ♦ a i a a a a i a i a , a a a ♦ ♦ a i a i a i a a s a m a ♦ a a ♦ a a a a a a a a a a a a ♦ a a a a N N ♦ a ♦ a ♦ a a ♦ a i a ♦ ♦ ♦ a a a ♦ a a ♦ i a a �� a a ♦ i i a ♦ a a a , + a ♦ i a ♦ ♦ i a ♦ ♦ a a a a a a a a i a ♦ a a ♦ a a a a a a a a a a ♦ ♦ a ♦ a a ♦ , ♦ a a a a a a , ♦ a a • ♦ a a a ♦ i a ♦ a ♦ + i a a a a ♦ ♦ s , ♦ a i a a a ♦ a ♦ ♦ ♦ ♦ a ♦ a a a i a s ♦ i a ♦ ♦ a ♦ a a a i ♦ ♦ ♦ It ♦ a a ♦ a a ♦ a a ♦ ♦ a a a a i S 9b 1 S zv 1 3 Redevelopment Area has long been recognized as an area with the greatest need for improved housing, increased code enforcement activity and community policing. Figure 2 displays the Immokalee Main Street Program Area that was designated by the State of Florida on August 1996. The Main Street Program area is included in the Urban Infill and Redevelopment Area. The Program is administrated by the Immokalee Chamber of Commerce and actively manages a fagade grant program. In 1999, the Immokalee Main Street Program was awarded a Certificate of Achievement for furthering excellence in Florida redevelopment from the Florida Redevelopment Association. In January 1999, the Immokalee community along with Eastern Hendry County was named a Federal Enterprise Community (see Figure 3). The Empowerment Alliance of Southwest Florida (EASF) encompasses Immokalee, Eastern Hendry County and the Seminole Indian Reservation. Forty-two founding partners stepped forwarded to embrace the goals set forth in the Strategic Plan prepared pursuant to this program. Collier County is a founding partner in EASF and several County Departments actively participate in the implementation of the Program. In order to assure community participation in the program an advisory committee was appointed and an Enterprise Community Coordinator was hired. To date, EASF has received more than $22 million in grants and $6.7 million in low- interest loans. In January 1997, a portion of Immokalee was designated as a Florida Enterprise Zone. The original boundary was expanded in 2000 to correspond with the Florida Empowerment Program created in June 1999. This Program allowed Florida Enterprise Zones to mirror the boundaries of Federal Empowerment Zones and Enterprise Communities. Figure 4 displays the Florida Enterprise Zone boundaries. The Collier County Department of Housing and Urban Improvement is the staff liaison to this Program. To facilitate the Program the Enterprise Zone Development Agency Board was created. This Board consists of 12 members plus 2 ex- officio members. Florida law requires representation from the Chamber of Commerce; financial or insurance entities; businesses operating within the nominated area; residents living within the nominated area; non - profit community -based organizations; local code enforcement agencies; and local law enforcement agencies. In March 2000, the Collier County Redevelopment Agency (CRA) was established. The Board of County Commissioners sits as the CRA Board. In June 2000, the Board of County Commissioners adopted Resolution 2000 -181, which adopted the Collier County Community Redevelopment Plan pursuant to Florida law of the Florida Statutes. The Plan was prepared based on the Strategic Plan that was prepared in 1998 for the Federal Empowerment Zone /Enterprise Community Initiative. The Planning Services Department is the staff liaison to the CRA. An Immokalee Community Redevelopment Advisory Committee will be appointed in February 2001. Staff is recommending that the Enterprise Zone Development Agency Board plus the Enterprise Community Coordinator be appointed as the Redevelopment Advisory Committee in order to assure coordination with the various programs. Figure 5 displays the redevelopment boundary. The Urban Infill and Redevelopment Area boundary is inclusive of all of these other dcsignutivnu. Th\�r ImmVkalVV RV4V Velopment AA.,__.. Board will �iG the �ivvi°io,y ward for this Plan's implementation. VVl- 4 FIGURE 3 R a o U) w o Q LL. 0 D COD O W m 3 a e ^ '� AtlON3N ven �ra � !— z O > > W E- CM g ,4 <4 0 O 0 o U ~ w wqW . o a Lu z° e e W roo ® 8 $ L.0 i e s Q oo N3rnoa CL *W 3M A W a ffg� aj g g � z LL �o Ln I.. V a tn z W V 0 Z a Wv L 0 0T Na U W 0 WU R IL ac W H Z W W W J a 0 2 2 FIGURE 4 N Q w d� z w 2 CL O J \w w G w w w w J 5O G 8 S 9b 1 S LV 1 W W O m O m O 00 un cD N � Ln a m C7 N r,-) W ti �a �a W r Y W v N s Of D z0° sae a� N Ir a c 00 6 _ D Tf- r w 6Z 'N'S z i 3 � N t66t� dy o < 0 3� 0 z � n < CD r- 00 E t w J �a U-) j N N W W O N 0 ; m 0! b N N Y O N r- Q - J K c i I LL o S 9v 1 g Ly 1 8 COORDINATION Implementation of the Urban Infill and Redevelopment Plan will be coordinated through the Collier County Housing and Urban Improvement and Planning Services Departments. Continued public participation will be assured through the Immokalee CRA Advisory Committee, which will make recommendations for Plan implementation. This organization will assure coordination of all the programs in the community. Figure 6 demonstrates the expected organizational chart of coordinating the various programs. Besides quarterly meetings of the Advisory Committee, an Annual Community meeting will be held in conjunction with the EASF Program. In addition to the coordination with the Board of County Commissioners (BCC) and other departments, the BCC has entered into a Memorandum of Understanding with the Collier County School Board. (See Appendix A). The School Board is an active partner in the EASF, and is committed to enhancing facilities and programs in the Urban Infill and Redevelopment area. COMMUNITY OBJECTIVES The Immokalee Community has a long history of community pride and activity. The first permanent settlement in Immokalee was recorded in 1872. The community received its current name "Immokalee" meaning "my home" (in the Seminole language) in 1897 with the naming of the first post office. Lacking sufficient transportation to other commerce centers, Immokalee remained isolated from the coastal towns and developed as an agricultural hub. Immokalee became the leading producer of winter vegetables in the United States. Due to the agricultural employment opportunities, the area has become ethnically mixed, as farm workers from Haiti, Guatemala, and Mexico have made this area their home. Its ethnic, cultural, and linguistic diversity pose significant challenges since different groups often have different values, priorities, and even aesthetic values. The cyclical nature of agricultural operations creates major challenges in many aspects of the community including housing, workforce skills, and economic pressures from increased global competition and weather conditions. Nevertheless, the residents of this rural community have worked together to meet their challenges. In 1994, the Community came together to prepare a grant application for the first round of the Federal Empowerment Zone /Enterprise Community Initiative. A strategic Plan was written based on community input. Unfortunately, the community did not get selected as an Empowerment Zone or Enterprise Community. However, the work that went into the planning process was not forgotten. In 1996, the Community applied for, and received, designation as a Florida Main Street Area. This Program was very successful in bringing technical resources to the Community and providing direction on how to move forward on a long- awaited goal to improve the physical condition of the downtown area. This group was instrumental in preparing for the second round of Empowerment Zone /Enterprise Community grants that were announced by the Federal Government in 1998. Five community meetings were held, each with over 100 participants. The Strategic Plan that was developed through this community process as the basis of the Immokalee Urban Infill and Redevelopment Plan. During the application process for the Empowerment Zone /Enterprise Community Grant, a series of community meetings were held with several hundred community residents attending. Based on the community input and the consensus reached at these meetings a Strategic Plan was written. The Plan identifies four areas of concern: 1. Accessibility and appropriateness of education and training 2. Ili Niercifi�tinn of the at- nnnmir hace an„i a �railahility of higher ��agc jobs 0 3. The availability of decent and affordable housing 4. Community image and pride The Immokalee Urban Infill and Redevelopment Plan incorporates the goals and strategies identified in the Enterprise Strategic Plan as the basis for the Urban Infill and Redevelopment Plan. There are four main areas of concern identified by the Community. The goals and objectives are listed below: Economic Development Goal Diversify the economic base of the community by focusing on agricultural production, processing and research; industrial development including manufacturing, distribution and aviation services; and nature tourism. 1. Objective: Increase small business start-ups and expansions 2. Objective: Develop nature tourism 3. Objective: Recruit new businesses to Immokalee and Immokalee Regional Airport 4. Objective: Nurture entrepreneurial business development and retention 5. Objective: Expand research opportunities in the health care industry 6. Objective: Encourage renovation of structures and infill development in the Main Street Program area. 7. Objective: Increase public transportation opportunities through the community and to outlining areas. 8. Objective: Develop a loop road to serve the truck traffic Housing Goal To Provide Safe, Affordable Housing To All Residents 1. Objective: Ensure that land is available at or below market rate to build affordable housing. 2. Objective: Develop a public /private housing initiative for new construction for both ownership and rental for low, very low and moderate priced housing. 3. Objective: Improve the condition of owner - occupied homes through rehabilitation and eliminate substandard housing through code enforcement activities. 4. Objective: Improve the condition of rental- occupied housing through rehabilitation and code enforcement activities. 5. Objective: Create incentives to replace existing mobile homes with upgraded mobile or manufactured homes. Community Image Goal To Enhance The Image And The Perception Of The Community As A Safe, Friendly, Family Oriented Small Town. 1. Objective: Maximize current recreational activities. 2. Objective: Create recreation /cultural opportunities in cooperation with business, existing youth development programs, and schools. 3. Objective: Develop a cadre of volunteers to serve the community 4. Objective: Create community -based and neighborhood based beautification projects. 10 FIGURE 6 11 z O Q z w W 2 x 4 z 0 O O w W 0 Q Q QE � 0 It Cl) W LL 00 a W W C� Q z O U H z W 2 a 0 w w 0 U_ O z 0 w C7 z O z O ZU Z� 9w I- p i a m a ij H z S L W a. 00 z 0 W Q Q w O m — — — � z W — Z — — — — — — a. ; - -_ 0 w Z DQ 9 0 LL Z CL ui m Z Q Q Z F- I w CO w uj w CA Q OU z Cl) nom. 0- Q u- Cf) w w > � Z co JAMS � o U Z w Q o mV INOddns � ,. WO Z Zw zo IL �S2 -j O =O a o Q ? Q U Q_ZZ Q Lu Z0 Q H LL Z mo cn a Z ?� �s � _dd_dl_S_ 0� a w m Q Z W 12iOddnS w w c}i 1- z 0M wz _2 N 11 z O Q z w W 2 x 4 z 0 O O w W 0 Q Q QE � 0 It Cl) W LL 00 a W W C� Q z O U H z W 2 a 0 w w 0 U_ O z 0 w C7 z O z O ZU Z� 9w I- p i a m a ij 5. Objective: Increase the number of cultural activities to celebrate community spirit. 6. Objective: Create an incentive program for litter control and neighborhood cleanups. 7. Objective: Create a code enforcement program that is not complaint driven. 8. Objective: Increase community policing activities in the community. 9. Objective: Provide safe and convenient movement of pedestrians throughout the community 10. Objective: Develop a program to improve unpaved lots in the main street area that will eliminate the dust and dirt that accumulates in the downtown area. URBAN INFILL AND REDEVELOPMENT AREA CHARACTERISTICS AND ANAYSIS The structure of the Immokalee Urban Infill and Redevelopment Plan was specifically organized to have a positive impact on housing and residential neighborhoods by providing incentives to rehabilitate and replace unsafe housing. The intensive redevelopment activities recommended in the Plan concentrate on rehabilitation and replacement of residential units and the upgrading of existing commercial and semi - industrial areas.. With the specific objective of enhancing the existing residential neighborhoods of the Area, the Immokalee Urban Infill and Redevelopment Plan recommends a comprehensive approach to revitalizing neighborhoods. The emphasis in the Plan is to provide incentives to property owners to renovate or replace substandard housing. In addition to housing, the following other improvements are recommended: - Connecting local streets to improve internal circulation. - Stimulating development of additional housing on vacant lots. - Improving stormwater management. - Improving sewer service to neighborhoods. - Improving interconnections between neighborhoods and commercial developments. - Improving trash collection in neighborhood. - Providing proactive code enforcement activities. - Installing streetlighting and landscaping to promote pedestrian activities. - Develop neighborhood parks that will provide recreational activities. NEIGHBORHOODS The Urban Infill and Redevelopment Plan divides the Area into three neighborhood or program areas. Figure 7 provides a map of the three neighborhood or program areas. The following is a description of each area, the proposed goals, proposed projects and implementation strategies for each. South Immokalee Area General Characteristics The South Immokalee Area is approximately 300 acres in size with 77% of it being developed. It is primarily residential in character with 81% of the land area developed with residential land uses. There is a concentration of mobile homes located West of South 1 st Street and East of South 9th Street. The remaining pp area is 17% commercial Gnd 1O/V IndU,I 'Ll IGI Inn ALvI%. ThV 1%,JldentlCAI 4JVJ lo^.rGtGd VT GI Vf Vo4tl1 15t Jtr Gel CAI 12 1" I I J� LL I Z• z Q m' �F r Wi W' J I c 0 . �C -u 0 c 2 c FIGURE 7 13 non - conforming uses. There is a small percentage of commercial development in the residentially zoned area. These uses are also considered non - conforming. The majority of lots within this area are non - conforming as well. Rebuilding on these properties may require the property owner to seek a variance from the development standards of the applicable zoning district or to aggregate property to meet the regulations. The majority of buildings in this area were built in the 1970's. The highest concentration of criminal activity in the community takes place in this area. There are few streetlights and few internal sidewalks. Large open swales exist along the neighborhood streets. The Neighborhood Park in this area provides minimal recreational opportunities. The Bethune Adult Educational Facility is located in this neighborhood and the new One Stop Employment and Training Services Facility is scheduled to have its ground - breaking ceremony in December 2000. Goal • Revitalize the neighborhoods through a comprehensive housing improvement project that will include increase code enforcement activity, economic incentives for the replacement and rehabilitation of mobile homes and the development or rehabilitation of single and multi - family structures. Install additional streetlights and sidewalks to increase safety in the area. • Provide opportunities for adequate, safe, and affordable housing. Encourage the development of both affordable rental housing and provide opportunities for home ownership through rehabilitation and new construction. Proposed Project 1. Support the Collier County Housing Authority's efforts to promote single family home ownership in the form of downpayment and closing costs assistance along the old Atlantic Coastline Railroad Right -of -way. Implementation Strategy: 1. Provide assistance for eligible new homeowners. 2. Provide grant funds to the Collier County Housing Authority to secure the purchase of 18 acres of land for the development of affordable housing. 3. Work with Farmworker Village and the Collier County Extension Service to qualify tenants for home ownership opportunities. Proposed Project 1. Develop a program to address the replacement of existing old mobile homes with newer mobile home units or modular homes. Implementation Strategy: 1. Support the Collier County Housing Initiative Program — newly approved program will provide a multi - discipline approach to provide incentives to property owners to remove deteriorated mobile homes and replace them with new or updated units. 2. Provide financial assistance for the development of site improvement plans to register the number of existing units in existing mobile home parks to allow for future replacement. 3. Provide free building inspections to assure that all mobile homes meet current health and safety standards. 4. Create adaptive development standards to encourage the upgrading of existing mobile home parks. 5. Waive tipping fees at the landfill for the disposal of deteriorated units. f� V. DVtJbIV -lhV numb Vl of CWMV %.-I l,., cement Invesfi toll and VhGnge Won enforcement activities from compliant driven to proactive in this area. 14 Proposed Project 1. To increase the use of modular homes in the community. Implementation Strategy: 1. Amend the Collier Land Development Code to allow modular units in mobile home zoning districts. 2. Educate the community and builders on the benefits and costs of modular units. 3. Look at incentive programs to further the development of modular homes in the community. Proposed Project 1. Coordinate with an existing non - profit corporation to promote neighborhood revitalization programs including housing rehabilitation, land assembly, credit counseling and home maintenance. Implementation Strategy: 1. Provide funding to non - profit organizations for land purchases. 2. Provide capacity - building to non - profit organizations. 3. Coordinate with non - profit organizations to purchase or accept as a donation, properties that have been foreclosed on. 4. Provide incentives to builders to build in the designated area. 5. Develop a pool of non - profit corporations to receive funding and land for the creation of new housing units. Proposed Project 1. Evaluate the current placement of commercial uses within the neighborhood, approximately from Boston Avenue South to Bethune Avenue and from 16th Street SE West to Ninth Street. Develop a program to encourage private property owners to renovate or demolish existing structures. Implementation Strategy: 1. CRA staff will prepare an evaluation and analysis of area. 2. If appropriate, staff will prepare amendments to the Land Development Code for flexibility in development standards to encourage redevelopment. 3. Extend the Main Street Facade Grant Program into this Area. 4. Identify appropriate commercial uses and target the recruitment of these businesses into the neighborhood. Develop a revolving loan fund for expansion and retention of businesses. Proposed Project Encourage neighborhood stability through the addition of more streetlights, sidewalks, and landscaping throughout the community incorporating Crime Prevention Through Environmental Design Criteria into projects. Implementation Strategy: 1. Coordinate with the Collier County Stormwater Management Department to prepare a stormwater master plan and estimate construction costs to improve the drainage system and to improve the appearance and function of the open drainage swales throughout the neighborhood. 15 2. Develop a safe pedestrian corridor from the residential areas to the One —Stop Career Center with the installation of sidewalks and streetlights and research funding options for same. 3. Evaluate the need for neighborhood parks in the community and develop them as appropriate. 4. Continue support for transit opportunities in the neighborhood and connection to employment and training opportunities. 5. Coordinate with the Collier County Sheriffs Department to identify potential Neighborhood Watch representatives. Main Street Program Area The Seminole Indian Casino anchors the Main Street area at the South end of town and the historic Roberts Ranch site on the West end of Main Street. The Main Street boundaries include the land adjacent to CR846 (First Street) and SR29 (Main Street) . It is primarily commercial property that has been under - utilized. The main intersection (First and Main Street) has two prime commercial corners that are vacant. Older residential and mobile homes are found abutting commercial development with little or no buffering. Commercial zoning along with a mixture of mobile home, older single family and multi - family units. The housing in this area is in serious need of rehabilitation. There are no sidewalks on the local streets North or South of Main Street and open drainage ditches are present. The Immokalee Beautification Committee has recently completed the streetscape along this corridor, which includes street lighting and pedestrian facilities. The Main Street Program has offered a Facade Grant Program as an incentive for renovations to take place. To date, five businesses have participated. Many of the buildings need more than facade improvements. Several parking lots do not meet Code requirements and result in the creation of dust and dirt along the Corridor, making it more difficult to maintain the landscaping. Several buildings are vacant. Goal Enhance the physical appearance of properties within the Main Street Area to encourage local and tourist shoppers to the Area. Proposed Project Support the continued implementation of the Main Street Program. Implementation Strategies: 1. Develop a traffic circulation pattern for the community, which will provide safe and efficient access throughout the community. This network would include a loop road to provide the separation of commercial truck traffic from tourist designated areas and residential development. 2. Develop a program to eliminate the dust that accumulates along Main Street and in the landscaped medians. The program may include placement of sod or resurfacing parking lots. 3. Utilize the Main Street Facade Program to encourage the private sector to renovate, 16 demolish, or construct buildings within the Main Street Program Area. 4. Develop a Main Street Business Association to work on coordination and implementation of the redevelopment program. 5. Develop a trash program that will provide an incentive to pick -up and properly dispose of empty containers and trash within the Community. 6. Encourage infill development by coordinating with non - profit organizations to develop an office building on the Main Street Corridor. 7. Provide interconnection of sidewalks from the local streets perpendicular with Main Street to Main Street. 8. Support the development of the Robert's Ranch Historical Site as a tourist destination and a living museum. Encourage the development of appropriate uses and buffers on the remaining portion of the Ranch site. 9. Coordinate with a non - profit corporation to coordinate marketing efforts to attract compatible businesses to the Main Street Area and improve the physical appearance thereof. 10. Develop a revolving loan fund for business start-ups or expansion for businesses locating anywhere in the Community. 11. Continue support of transit opportunities in the neighborhood and the connection to employment and training opportunities. Immokalee Drive Immokalee Drive is a two -lane facility that runs West of SR29 to 1St street. There are a mixture of mobile home parks, single and multi - family structures in this area. The Collier County Sports Complex and Immokalee High School and Middle School are located along this corridor. Several older mobile home parks that do not meet current standards are found along this corridor. There are limited street lighting facilities and sidewalks along the local streets that intersect Immokalee Drive. Goals 1. Revitalize the neighborhood through a comprehensive housing improvement project that will include increased code enforcement activity, economic incentives for replacement and rehabilitation of mobile homes and the development or rehabilitation of single and multi - family structures. Install additional streetlights and sidewalks to increase safety in the area. 2. Provide opportunities for adequate, safe, and affordable housing. Encourage the development of both affordable rental and owner occupied housing through rehabilitation and new construction. Proposed Project 1. Develop a program to address the replacement of existing old mobile homes with newer mobile home units or modular homes. 17 Implementation Strategies: 1. Support the Collier County Housing Initiative Program which program provides a multi - disciplinary approach to provide incentives to property owners to remove deteriorated mobile homes and replace them with new or updated units. 2. Provide financial assistance for the development of site improvement plans to register the number of existing units in existing mobile home parks to allow for future replacement. 3. Provide free building inspections to assure that all mobile homes meet current health and safety standards. 4. Create development standards to encourage the upgrading of existing mobile home parks. 5. Waive tipping fees at the landfill for the disposal of deteriorated units. 6. Double the number of Code Enforcement Investigators and change the nature of code enforcement activities from compliant- driven to proactive. Proposed Project 1. To increase the use of modular homes in the community. Implementation Strategies: 1. Amend the Collier County Land Development Code to allow modular units in mobile home zoning districts. 2. Educate the community and builders on the benefits and costs of modular units. 3. Study incentive programs to further the development of modular home sites in the community. Proposed Project 1. Coordinate with existing non - profit corporations to promote neighborhood revitalization programs including housing rehabilitation, land assembly, credit counseling and home maintenance. Implementation Strategies: 1. Provide funding to non - profit organizations for land purchases. 2. Provide capacity - building to non - profit organizations. 3. Coordinate with non - profit organizations to purchase or accept as a donation properties that have been foreclosed on. 4. Provide incentives to builders to build in the designated area. 5. Develop a pool of non - profit corporations that will receive funding and land for the creation of new housing units. Proposed Project Encourage neighborhood stability through the addition of more streetlights, sidewalks, and landscaping throughout the community incorporating Crime Prevention Through Environmental Design Criteria into projects. Implementation Strategies: 1. Coordinate with the Collier County Stormwater Management Department to prepare a stormwater master plan and estimate the costs to improve the drainage system and improve the appearance and function of the open drainage swales throughout the neighborhood. 18 2. Develop a safe pedestrian corridor from the residential areas to the One -Stop Career Center with the installation of sidewalks and streetlights and research funding options for same. 3. Evaluate the need for neighborhood parks in the community and develop them as appropriate. 4. Continue support of transit opportunities in the neighborhood and connections to employment and training opportunities. 5. Coordinate with the Collier County Sheriffs Department to identify potential Neighborhood Watch representatives. IMPLEMENTATION Working with existing non - profit organizations and EASF partners goals and projects will be implemented. The Immokalee Redevelopment Advisory Committee will assist staff in plan implementation. The Organizational Chart (See figure 6) demonstrates the coordination of the program. CRIME REDUCTION The Collier County Sheriffs Department has created the Immokalee Clean -Up Project. The Project is a coordinated effort between agencies to reduce some of the basic problems within the Community and to build community responsiveness to the Sheriffs Department. The Program looks at such problems as litter, communication problems due to language barriers, and banking opportunities for the migrant farmworkers. These activities build trust between the residents and the Sheriffs Department, which in turn helps to reduce criminal activities and the perception of crime. A representative from the Planning Services Department and the Code Enforcement Department participate on this task force. Crime Prevention by Environmental Design (CPTED) will be incorporated into all new developments and in new land development regulations. The Sheriffs Department will provide plan review and recommendations for CPTED implementation of CPTED. Increased streetlighting in the residential neighborhoods will also assist in providing a safer neighborhood. LAND DEVELOPMENT CODE The Collier County Land Development Code was adopted by ordinance in 1991 and it provides zoning and development standards for the County. Due to Immokalee's rural character and its separation from the coast, an Immokalee Overlay District was adopted into the Land Development Code in 1998. In 1999, the Immokalee Overlay District standards were amended to establish five subdistricts within Immokalee to provide better standards to meet the needs of the community. In 1999,the Immokalee Main Street Subdistrict Overlay was adopted to encourage traditional downtown development in this neighborhood. The Overlay resolutions will continue to be amended as further redevelopment activities take place and the need for additional regulations identified. TRANSPORTATION ISSUES There are no existing or proposed transportation concurrency exception areas in the Immokalee Community. 19 FINANCIAL AND LOCAL GOVERNMENT INCENTIVES There are several organizations that currently oversee a variety of incentive programs in the community. The Collier County Housing and Urban Improvement Department is the administrator of SHIP and CDBG funding for the County and is the primary County Department that coordinates with other organizations which provide additional incentives for economic development. Those organizations include the Economic Development Council and the Banking Consortium. The following incentives are currently available: Expedition of permitting Waivers of impact fees for affordable housing Site Plan assistance programs for mobile home parks Impact Fee waivers for mobile homes that are being replaced homes Micro -Loan Program ($5,000 for start up and business expansion) Enterprise Zone Tax Credits Foreign Entrepreneurial Investment Zone All of the powers of a CRA as outlined in Florida law. NADBank Community Adjustment and Investment Program Priority ranking of federal grant programs under the enterprise community designation Tax Increment Financing Main Street Facade Grant Program Subsidized mass transit The following incentives are proposed: Priority rating for projects within the CRA for transportation enhancement funds, bikelpedestrian funds, traffic calming features, and CDBG entitlement funds. Continued coordination and partnerships will be developed as the Plan is implemented. PERFORMANCE MEASURES Evaluation and review of the Program's performance will be done quarterly and annually. The Immokalee Redevelopment Advisory Committee will meet quarterly to review the Program's work plan. Annually, a meeting will be held with the Community in conjunction with the Enterprise Community Program to reassess community goals, projects and implementation strategies. The following benchmarks have been identified to measure Program successes: 1. Number of foreclosed properties that are secured by non - profit organizations 2. Number of housing units rehabilitated 3. Number of new housing units constructed 4. Number of mobile home units replaced 5. Number of streetlights installed 6. Lineal footage of sidewalks installed 7. Number of open drainage swales that are improved 8. Number of new commercial or government buildings that are remodeled or constructed The Planning Services Department and the Department of Housing and Urban lmnrnvement will track the benchmarks and report on the nronrass of the Prnnram to the .. r - benchmarks r ... r,..,pe ..,y Immokalee Redevelopment Advisory Committee and to the community at large. all .••�# MA IMMOKALEE URBAN INFILL AND REDEVELOPMENT AREA PLAN 21 MEMORANDUM OF UNDERSTANDING This is a Memorandum of Understanding between the District School Board of Collier County ( "School Board ") and the Collier County Board of County Commissioners ("County ") in support of the Immokalee Urban Infill and Redevelopment assistance grant. The School Board recognizes the need to provide the children and parents in Immokalee with updated school facilities and effective educational programs. The district is committed to a continuing improvement process to enhance school facilities and instructional programs in the Immokalee area, including after school programs, instructional technology, and involving the community in school planning and program design. The Collier County Board of County Commissioners is committed to implementing the Urban Infill and Redevelopment Assistant Grant and is pledging to contribute $300,000 in financial support and staff resources to the program. The School Board and the County will continue to explore joint opportunities to improve programming, facilities, and community participation in the Immokalee area. Facilities Renovations and capital plans for schools located in the designated area total approximately $1.4m over the next two years. One of the main enhancements is recent completion of the Immokalee Athletic Field House at a cost of $227,000. A second major facilities enhancement is a $600,000 renovation to Pinecrest Elementary School that includes expansion of the cafeteria, new exterior, and extended outside covered walkways. The District School Board of Collier County leased (with option to buy) a 3.835 parcel of land to the South Florida Workforce Development Board for the purpose of building a 27,150 square foot, One -Stop Service Center. The Center will house the offices of several agencies to enhance social services within the designated area. After School Programs The School Board will provide appropriate focus on the execution of the recently awarded 21't Century Community Learning Center grant from the United States Department of Education. The three -year, $4m grant ensures the four elementary schools and the charter school have the resources to create the finest after school academic and arts enrichment programs. The project is a collaboration among the school -district and twelve community agencies all Wnr, inn to provide more _learning opportunities to children and their families. Technoloay The District School Board has provided each of the six schools in the designated area with a minimum of five computers for each classroom and high -speed internet access. In addition, each school will have an audio /video distance learning system. Distance Learning provides opportunities for teachers to update their skills through training programs offered by the local state university, Florida Gulf Coast University, as well as training conducted by the district. Students will also have an expanded source of learning opportunities through the technology of distance learning. Dan W. White Superintendent of Schools James D. Carter, Ph.D Chairman Collier County Board of County Commissioners November 2 2000 Date of School Board Approval Date EXECUTIVE SUMMARY AUTHORIZE STAFF TO APPROVE AGREEMENT WITH LEWIS AND ASSOCIATES TO PROVIDE AUDITING SERVICES OF MEDIAONE AND AOL/TIME WARNER CABLE TELEVISION FRANCHISE FEES OBJECTIVE: Obtain auditing services from Lewis and Associates to identify any underpayments of cable television franchise fees. CONSIDERATION: Provisions of the Telecommunications Tax Simplification Act passed by the 2000 Florida Legislature will transfer control of cable television franchise fee collection and distribution to the Florida Department of Revenue in 2001. The Act will prohibit Collier County from auditing and/or reconciling the cable franchise fee, 5% of gross revenues, in the future. Lewis and Associates, of Hollywood, Florida, is currently conducting a similar audit for the City of Naples of its cable provider on a contingency basis. Lewis and Associates has agreed to perform the audit of MediaOne and AOL /Time Warner for Collier County on a contingency basis of 35% of any identified and recoverable underpayments. FISCAL IMPACT: Auditing services will be performed on a contingency basis of 35% of any underpayments identified and recoverable. GROWTH MANAGEMENT IMPACT: There is no impact. RECOMMENDATION: Board authorized the Director of Utility and Franchise Regulation to enter into, modi or terminate the attached agreement. SUBMITTED BY: al— Date: 1999'3) "494 D.E. 'BLEU' WALLACE, Director REVIEWED BY: 16 vt.� �(�W -" Date: /O- 7/1 oD THOMAS C. PALMER, Assistant County Attorney APPROVED BY: �kk�Untnrk i Date: 11-Z-0/, JOHN M DUNNUCK III, Interim Administrator , Community Development & Environmental NOV 14 2000 October 25, 2000 Mr. Doug Essman Cable Franchise Coordinator Collier County Government 3050 N. Horseshoe Dr. Naples, Florida 34104 Dear Mr. Essman: This letter is to set forth the Agreement of the County of Collier County to retain the firm of Lewis & Associates for the purpose of representing the County in the area of cable television franchise fee compliance verification. In connection with this engagement, the services to be performed are as follows: 1. Identify what specific sources of revenue are subject to franchise fees application by reviewing County's franchise agreements and related ordinances. 2. On -site visits to franchisee to obtain and examine relevant accounting data and supporting documentation. 3. Identify all revenue sources by classification, verify calculations and vouch to supporting documentation. Evaluate allocation methodology with respect to non - subscriber revenue and conduct search for unreported revenues. 4. Examine the cable operator's data base to determine if all active addresses within the County's unincorporated boundaries were included in the franchise fee remittances. 5. Recalculate the franchise fee due the County using the approved effective rates. 6. Issue report summarizing and explaining our findings. 7. Assist County in negotiating financial settlement with cable operator. We will require the County's assistance in the following areas: 1. Provide copy of franchise agreement and related ordinances. No. NOV 14 2000 2. Provide copies of all franchise fee payment remittances along with supporting documentation covering the period under examination. 3. Provide listing of zip codes located within the County's unincorporated boundaries. 4. Provide hard copy and electronic listing of all street addresses located within the County's unincorporated boundaries. 5. Provide verification of specific addresses which contain the above zip codes but are not reflected in franchisee remittances. Lewis & Associates will extract this information from the cable operator's records based upon data indicated in Item 4 above. 6. Diligently pursue collection of assessment generated by examination in a timely manner. 7. Invoice cable operator within thirty (30) days of receiving report summarizing findingsand to keep Lewis & Associates informed and involved in negotiation process. It is anticipated that this engagement will be completed within six months from the date County executes the agreement. For services rendered in connection with the scope of this assignment our fee is as follows: Review Services To Be Performed: AT &T Broadband & Internet Services (Formerly MediaOne) & Time Warner Cable Contingency Fee- 35% of the underpayments identified and recoverable as indicated in our report. Should the County choose to forgive certain amounts due from the cable operator that would otherwise be recoverable, under its franchise agreement and Federal Law, Lewis & Associates will be entitled to 35% of the amount forgiven. The fee is due within thirty days from the date client reaches settlement with cable television operator. If Lewis & Associates is required to enlist the services of an attorney to collect any amounts due under this agreement from the Client (Collier County), the firm will be entitled to attorney's fees, costs, and interest at 1 V2% per month on the outstanding balance. Lewis & Associates may not take legal action against cable service providers on behalf of the firm or Client to collect identified and recoverable underpayments. If the foregoing meets with your approval, please so indicate by signing this letter where designated and return an executed copy to our office for our records. NOV 14 2000 We look forward to working with you and the other County Officials on this project. Sincerely, Scott Lewis President Date James D. Carter, Ph.D., Chairman County of Collier County Approved as to farm & legal suiiIC44i:,,, LM�� N.-ZA-(d)-L NOV 14 2000 pg.--Y - EXECUTIVE SUMMARY AUTHORIZE THE CREATION OF ONE FULL -TIME LOAN PROCESSOR POSITION IN LIEU OF TWO ALREADY APPROVED PART -TIME LOAN PROCESSOR POSITIONS. OBJECTIVE: To increase responsiveness and provide greater staff presence in the State Housing Initiative Partnership (S.H.I.P.) Program by creating one full -time loan processor position instead of the two part -time positions which were approved in the FY 01 budget process. CONSIDERATIONS: The Board approved the creation of two part -time S.H.I.P. loan processor positions in the FY 01 budget. The Housing and Urban Improvement Department now wishes to combine those two positions into one full -time position. This will provide the department greater flexibility in assigning tasks to this position. FISCAL IMPACT: There will be no additional fiscal impact. Health insurance benefits for a full -time employee will cost approximately $5,500.00 more per year, however this money is available in the already approved expanded services budget request due to savings in the "Other Contractual Services- Build Out of additional cubicle workspace" line item. With the reduction in the number of employees to be hired the Department will not have to purchase as much office equipment. GROWTH MANAGEMENT IMPACT: The creation of one full -time position instead of two part-time positions will allow Collier County to further enhance the development of affordable housing. RECOMMENDATION: That the Board of County Commissioners authorize the creation of one full -time loan processor position in lieu of the two part-time loan processor positions which were approved in the FY 01 budget. / SUBMITTED BY: �� Date: Cormac J. Giblin, Manager Department of Housing nd Urban Improvement REVIEWED BY: Date: reg ha ic, Director Departm of Housing and Urban Improvement APPROVED BY: Wjo�:��M. � Date: 1(' 2-0D AOEN Ir Dunnuck III, Interim Administrator NQ. - s Division of Community Development and Environmental Se ice�OV 1 20QQ EXECUTIVE SUMMARY APPROVE A RESOLUTION THAT AUTHORIZES THE COUNTY MANAGER, OR HIS DESIGNEE, TO APPLY FOR A $750,000 ECONOMIC DEVELOPMENT GRANT THAT IS OFFERED THROUGH THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS. OBJECTIVE: To have the Board of County Commissioners authorize the County Manager, or his designee, to sign the Economic Development Grant application and other documents pertaining to the application, to accept the grant funds on behalf of the County, and to act in behalf of the Board of Commissioners to sign all documents, including the quarterly reports, necessary for grant administration if the County receives the award of this Economic Developoment Grant. CONSIDERATION: Annually, the Florida Department of Community Affairs (DCA) solicits competitive applications for. Federal funds for small cities and counties through the Community Development Block Grant Program. Siena Marble and Granite, Inc. contacted the HUI office concerning assistance for infrastructure construction at their new location at the Immokalee Airport. The proposed infrastructure to be constructed by this grant would include water, sewer and drainage facilities, as well as fill and street paving from the loop road to the facility. Based on these needs, the Housing and Urban Improvement Department is preparing an application for an Economic Development project which will provide needed assistance to Siena Marble in their goal of providing 170 new jobs to moderate to low income families in Immokalee. The applications that score the highest points according to Department of Community Affairs criteria will be awarded grants. According to DCA regulations (Rule 913- 43,005), local governments with a low and moderate income population over 10,550 may apply for up to $750,000 in grant funding. FISCAL IMPACT: There is no fiscal impact to the County with this grant as a local match is not required as part of the grant contract. GROWTH MANAGEMENT IMPACT: The Collier County Comprehensive Plan does not include an Economic Element. However, the Board of County Commissioners has identified economic diversity as a Strategic Goal, which will serve to strengthen the economic viability of Collier County. The proposed grant funds to be used in Immokalee support infrastructure and facilities to help to meet the addition of 170 new jobs for low to moderate income persons. RECOMMENDATION: That the Board of County Commissioners authorize the County Manager, or his designee, to apply fort Florida Department of Community Affairs 2000 Economic Development Grant. i SUBMITTEDBY: Date: 1u /e14`4a Susan E. Alden, Manager Housing and Urban Im roveme REVIEWED By�a� Date: 'a . 2 K - ov �3r Mihalic, Director }sing and Urban Improvement APPROVED BY: - -� Date: I John M. Dunnuck 111, Interim Administrator Community Development and Environmental Services NOV 14 2000 P9. i RESOLUTION NO. 2000 - 2 3 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF 4 COLLIER COUNTY, FLORIDA, TO AUTHORIZE SUBMISSION OF AN 5 APPLICATION TO THE FLORIDA DEPARTMENT OF COMMUNITY 6 AFFAIRS FOR A COMMUNITY DEVELOPMENT BLOCK GRANT UNDER 7 THE ECONOMIC DEVELOPMENT CATEGORY TO ASSIST WITH 8 SANITARY SEWER, WATER, DRAINAGE AND PAVING IN IMMOKALEE. 9 10 WHEREAS, the Florida Department of Community Affairs awards grants through the 11 Small Cities Community Development Block Grant Program of up to $750,000 to qualifying 12 cities and counties for projects that benefit low —and moderate — income persons, aid in the 13 prevention or elimination of slums or blight, or meet other community development needs 14 having a particular urgency because existing conditions pose a serious and immediate threat to 15 the health or welfare of the community and where other financial resources are not available to 16 meet such needs; and 17 WHEREAS, a city or county may submit an application for Community Development 18 Block Grant funds under any one of three categories, 1) Housing, 2) Neighborhood 19 Revitalization, and 3) Commercial Revitalization; and, 20 WHEREAS, a city or county may also apply each quarter for a Community Development 21 Block Grant for Economic Development based on the number of jobs created and the amount of 22 private capital leveraged; and 23 WHEREAS, applications for all categories will be graded and ranked for funding by the 24 Florida Department of Community affairs; and 25 WHEREAS, the regulations of the Florida Department of Community Affairs and the 26 Federal Government require that two (2) Hearings, that are open to the public, be advertised and 27 held prior to submitting the application; and No.—&O) NOV 14 2000 pg. -7 I WHEREAS, the County did advertise for the first hearing on October 10, 2000 and the 2 hearing was held in the Housing and Urban Improvement office on October 18, 2000 and the 3 second hearing was advertised on October 25, 2000, and the hearing was held on November 2, 4 2000: and 5 WHEREAS, the area of Immokalee is a designated enterprise area; and 6 WHEREAS, Siena Marble and Granite, Inc. is in the preliminary stages of constructing a 7 75,000 square foot facility at the Immokalee Regional Airport for the manufacture of marble 8 products for sale to wholesalers in Canada and the U.S. The relocation of Siena Marble to 9 Immokalee will provide an additional 170 jobs over the next three years for low to moderate 10 income persons. As part of this project, Siena Marble and Granite, Inc. has requested that the 11 water and sewer infrastructure and streets and storm drainage installations be provided using 12 grant funding for the project. 13 NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY 14 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: 15 The Collier County Board of County Commissioners hereby directs the Collier County 16 Department of Housing and Urban Improvement to prepare, or cause to be prepared, an 17 application to the Florida Department of Community Affairs for a grant of up to $750,000 in the 18 Economic Development category. The funds from this grant are to be used to design, plan or 19 provide water lines, sanitary sewer lines, manholes, lift stations, storm drainage, and pave the 20 unpaved road and parking lot at the Siena Marble site. 21 The Board of County Commissioners hereby authorizes the County Manager, or the 22 Division Administrator for Community Development and Environmental Serv7NV EM 23 designees, to sign the application and other documents pertaining to the application 000 Pa's- -_ I I grant funds on behalf of the County, and to act in behalf of the Board of County Commissioners 2 to sign all documents, including the quarterly reports necessary for grant administration if the 3 County receives the award of the grant. 4 BE IT FURTHER RESOLVED that this Resolution be recorded by the Clerk of Courts in 5 the Public Records of Collier County, Florida. 6 This Resolution adopted this 7 and majority vote favoring same, 8 9 ATTEST: 10 DWIGHT E. BROCK, CLERK 11 12 By: 13 Deputy Clerk 14 15 16 Approved as to form and 17 Jegal sufficiency: 18 20 Patrick G. White 21 Assistant County Attorney 22 day of , 2000 after motion, second By: Z BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA JAMES D. CARTER, Ph.D., CHAIRMAN No. /669)3 NOV 14 2 ^90 pg.- 71 EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT FOR TWO EXPANDED POSITIONS IN PLANNING SERVICES ELECTRONIC DATA MANAGEMENT SYSTEM. OBJECTIVE: To have the Board of County Commissioners approve a Budget Amendment, which will expand two temporary, full -time "Computer Operator II" positions currently being used in Planning Services Electronic Data Management System (EDMS), to two permanent full -time positions in the County's Planning Services Department. CONSIDERATION: In the FY 1999 -2000 budget the Board of County Commissioners approved funding for an Electronic Data Management System (EDMS) which contained software, hardware and two temporary full -time Scanning Technicians. Since the Planning Services department took responsibility for the management of the Electronic Data Management System (EDMS) project, they have been receiving additional records scanning requests (i.e. ROW Permits, As -Built Subdivision Drawings, and Additional Correspondence files). Originally, these additional projects had not been planned for. Furthermore, the training required to produce accurate electronic copies of hard copy data is more complex than was originally anticipated. The equipment being used is very sophisticated and the records being scanned come in all sizes from blue prints down to paint chips used in Architectural reviews. It takes several weeks to get an employee familiar with all the different types of problems that can occur while scanning. Subsequently, it has become apparent that we should no longer proceed using temporary help. It takes too long to train new temps, and it pulls planners and staff away from other projects. In addition, permanent, full -time employees will do a better job of accurate scanning in view of that they will also become end users of the same system they are helping to create. In conclusion, Planning Services is requesting to expand the two temporary, full -time Computer Operator II positions currently being used in the EDMS project, to permanent, full -time positions Computer Operator II positions. FISCAL IMPACT: The cost for two full -time Computer Operator II positions including benefits will be approximately $60,900. A budget amendment will be necessary moving the funds from Contracted Services where the funds for the temporary positions were budgeted, into Personal Services. The "Electronic Data Conversion Surcharge" on Planning and Zoning applications, which was approved by the BCC on August 3, 1999 is estimated to generate approximately $80,000 in revenue in FY 01. An additional $12,000 in revenues is projected from a $25.00 data conversion charge currently attached to NOV 14 2000 each land use petition, site development or site improvement plan submitted. The total amount of revenue received will be approximately $92,000. GROWTH MANAGEMENT IMPACT: This project already has made an impact concerning Growth Management by making it easier for county planners, inspectors and engineers to access county Planning and Zoning records. RECOMMENDATION: Planning Service recommends that the Board of County Commissioners approve the two expanded "Computer Operator II" positions, and approval of the necessary budget amendment. SUBMITTED BY: 1 _� =' (C C Date: Donald R. Blalock, Jr. Principal Planner REVIEWED BY: z:21 Date: c/ o — x Robert J. Mulhere, AICP Planning Service Director APPROVED BY: �t -� - Date: lk -3 -cc Jolm M. Dunnuck III Interim Division Administrator Community Development & Environmental Services NOV 14 2000 EXECUTIVE SUMMARY LIEN RESOLUTIONS -CODE ENFORCEMENT CASE NUMBERS: 2000020249/Wisnewski, Leonard; 2000040560 /Casteel, Rose; 2400051062/Lake Est., Leon, 2000060107/Ramirez, Alfredo OBJECTIVE: For the Board of County Commissioners to adopt separate Resolutions assessing separate liens against certain parcels identified in the Resolutions in order to recover public funds expended to affect the abatement of public nuisances at such locations, all as provided for in Ordinance No. 99 -51, as successor to Ordinance No. 91 -47, as amended, the Collier County Litter, Weed and Exotics Control Ordinance. CONSIDERATIONS: Ordinance No. 99 -51, as successor to Ordinance No. 91 -47, as amended, mandates the Board to impose a lien against property when an invoice to recover public funds expended to affect the abatement of a public nuisance is not paid at the expiration of twenty (20) days of the date of the notice. The following property owner's have not remitted the invoiced amounts. Case No. Owner of Record Case Summary Lien Amount a. Violation determined 02/10/00 b. Notice of Violation served unclaimed 2000020249 Wisnewski, Leonard c. Notice of Violation Posted NA $675.00 d. Unabated nuisance verified 03/31/00 e. Nuisance abated with public funds 05/30/00 f. Owner invoiced for costs 08/05/00 a. Violation determined 03/30/00 b. Notice of Violation served undeliverable 2000040560 Casteel, Rose c. Notice of Violation Posted NA $245.00 d. Unabated nuisance verified 05/18/00 e. Nuisance abated with public funds 07/03/00 ' f. Owner invoiced for costs 07/14/00 a. Violation determined 05/30/00 b. Notice of Violation served 06/12/00 2000051062 Lake Est., Leon c. Notice of Violation Posted NA $245.00 d. Unabated nuisance verified 06/22/00 e. Nuisance abated with public funds 07/01/00 f. Owner invoiced for costs 07/20/00 a. Violation determined 06/02/00 b. Notice of Violation served 06/23/00 2000060107 Ramirez, Alfredo c. Notice of violation Posted NA $245.00 d. Verification of unabated nuisance 06/27/00 e. Nuisance abated with public funds 07/01/00 f. Owner invoiced for costs 07/20/00 AGENDA ITEM No. NOV 14 2000 Pa. _1-- Upon the Board's adoption of the Resolutions, copies of such and the Legal Notices of Assessment will be mailed to the respective property owners. If the property owners fail to pay the amounts specified in the respective Resolutions within twenty (23) days hereof, the Clerk to the Board will record the Resolutions in the official recorus of the County. FISCAL IMPACT: A total reimbursement of $ 1,410.00 may be anticipated by voluntary action or foreclosure. The only expense projected to be incurred by the County is the cost of recording the Liens, which is estimated to be approximately $7.00 per lien, totaling $ 28.00, which is budgeted and available in the current fiscal year Code Enforcement budget. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolutions. PREPARED BY: - DATE: Cu Janet ellars, Customer 'Service Representative II Code Enforcement REVIEWED BY: DATE:c c Michelle Edwards Arnold, Director Code Enforcement APPROVED BY: `]15' � L DATE: it--/66 Johi M. Dunnuck III Community Development & Environmental Services NOV 14 2000 Pa.. —°?- -- BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN RTSNIFkNSKL LEONARD DATE: 2630 NE 357° AVENUE NAPLES, FI 34120 REF, IN\'.# 1561 FOLIO # 56405240008 LIEN NUMBER: LEGAL DESCRIPTION: LOTS 33 d 34, BLK 5, Mainline Sub, PB 1, PG 98. You, as the owner(s) of the property above- described, as recorded in the records maintained h1 the office of the ProperiN Appraiser, are hereby advised that the Code Enforcement Director, did on March 31, 2000, order the abatement of a certain nuisance existing on the above propcnv prolninned M Ordinance No 99 -�I and serccd a notice of violation upon you. The nuisance is PROHIBITED ACCUMULATION OF WELDS, GRASS, OR OTHER SIMILAR NON. PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT AND PROHIBITED DUMPING, ACCUMULATION, STORAGE OR BURIAL OF LITTER NN ASTE OR ABANDOMiD PROPERTI ] "ou failed to ahWe such nuisance: "hereupon, it was ahated by the expenditure of public funds at a direct cost of FOUR HUNDRED SEVENTY -FIVE ($475.00) DOLLARS plus an administiame cost of Tyco- hundred 1820200) dollars for a total of SIX- HLDYDRED SEVENTY- FIVE ($675.00) DOLLARS. Such cost. be Resolution of the Board of County Commissioners of Collier County, Florida, shall become it lion on pour property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if anv, why the expenses and charges incurred by the County under County Ordinance No. 99 -51 are e.xcessiwe or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall he made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florda 34112 in writing within ten (10) days from the date of this notice. NyR� NOV 14 2000 F. LIENS/ MSTR LNAL I Pg. t z 4 5 6 a 9 10 11 12 13 14 Is 16 17 18 19 20 21 22 3 24 25 '_6 27 28 19 30 31 3'_ 33 33 35 36 37 38 39 40 41 4'_ 43 44 as 46 47 48 49 50 51 52 53 54 55 56 57 58 59 RESOLUTION NO. 2000 -_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMEN'. OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS SUCCESSOR TO ORDINANCE No. 91 -47, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as successor to Ordinance No. 91 -47, as amended, the direct costs of abatement of certain nuisances, including prescribed adminisnatite cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the properiv against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12170) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, hating been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NANIE: Leonard Wisniewski LEGAL DESCRIPTION: LOTS 33 X 34, BLK 5, Mainline Sub, PB 1, PG 98. COST: $675.00 REFERENCE #; 1561 FOLIO #: 56405230008 The Count, shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall he recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County. Florida, this — day of , 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK. Clerk COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk James D. Carter, Ph.D ,Chairman Approved as to form and legal sufficiency: �ryry I THOMAS C. PALMER, Assistant County Attorney N0. -.'� NOV 14 2000 F LIEN/ MSTR RESOLUTION Pg. y BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIi,R COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN CASTEEL. ROSE L. 3259 KAREN DR NAPLES, FI 34112 -7327 DATE: REF. IN\ .# 1578 FOLIO # 61840080009 LIEN NUMBER: LEGAL DESCRIPTION r Lot 21, TARPON MOBILE HOMES, more particularly described as Follows: Beginning at the NE corner of Lot 100 of Naples Groves and Truck Co's Little Farm No. 2, according In plat in Book 1 page 27, Public Records of Collier County, Florida. - - you, as the ownerts) of the properly above- desenbed, as recorded in the records maintained by the office of the Piopem .Appraiser, are herehv advised that the Code Enforcement Director. did on Nlav 18. 2000. order the abatement of a certain nuisance existing on the ahoce propem prohibued bs Ordinance No 99 -51 and screed a notice of violation upon von. The nuisance is PROHIBITED ACCUMULATION OF NEEDS, GRASS, OR OTHER SIMILAR NON - PROTECTED ON LR(;RO%N "1'11 IN EXCESS OF EIGHTEEN (18) INCHES IN-HEIGHT. )OU htllCd to ❑hate such nuisance: whereupon, it was ahated by the expenditure of puhlic funds at a direct cost of FORTY -FIVE ($45.00) DOLLARS plus an administrative cost of Two - hundred (8200.00) dnllaa for a totai of TWO- HUNDRED FORTY -FIVE ($245.00) DOLLARS. Such cost. by Resolution of the Board of County Commissioners of Collier County, Honda, shall hecomc a hen on your property within 7wemry (20) days of the date of this legal notice of assessment_ you may request a hearing hefore the Board of County Commissioners to show cause, If am', why the expenses and charges incurred by the County under County Ordinance No. 99 -51 are excessive or un,arranted or why such expenses should not constitute a lien against the property. Said request for hearing shall he made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. NOV 14 2000 F LIENS/ MSTk LNAL I �. 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 11) 20 21 22 '_3 24 '_5 26 27 28 29 30 31 32 33 34 35 36 37 3s 3y 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 RESOLUTION NO. 2000- A RESOLUTION OF TI-FE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR TLE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-5 1, AS SUCCESSOR TO ORDINANCE No. 91 -47, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel: and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than menty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12`7) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: CASTEEL, ROSE L. LEGAL DESCRIPTION: Lot 21, TARPON MOBILE HOMES, more particularly described as follows: Beginning at the NE corner of Lot 100 of Naples Groves and Truck Co's Little Farm No. 2, according to plat in Book 1 page 27, Public Records of Collier Countv, Florida. COST: $245.00 REFERENCE #: 1575 FOLIO #: 61840080009 The County shall mail a Notice of Assessment of Lien to the 0,rner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this _ day of , 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk James D.Carter, Ph.D ,Chairman Approved as to form and legal sufficiency: THOMAS C. PALMER, Assistant County Attorney F'. LIEN/ MSTR RESOLUTION NOV 14 2000 Pg. 6 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT LAKE EST., LEONE. 1506 DADS ROAD CRESFN'IENN', FL COLLIER COUNTY, FLORIDA LEGAL NOTICE OF.ASSESSMENT OF LIEN DATE: REF. IN \'.# 1583 FOLIO # 36303160006 LIEN NUMBER: LEGAL DESCRIPTION: Lot 27, Block 187, GOLDEN GATE, Unit 6, according to the plat thereof recorded in Plat Book 5, Pages 124 through 134 inclusive, of the Public Records of Collier County, Florida. ) ou, its the o�tner(s) of the property above- described, as recorded in the records maintained by the office of the Pn/pe[t) Appraiser. are hereby advised that the Code Enforcement Director. did on June 22. 21100 older the abatement of a certain nuisance existmE on the above propene prohihned h\ Ordinance No 99 -s I and served a notice of violation upon you. The nuisance is PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON - PRO'rF:CTED ON'ERGRONN'TH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance: whereupon, it was abated by the expenditure of public funds at it direct cost of FORTY -FIVE ($45.00) DOLLARS plus an administrative cost of T%to- hundred (,20000) dollar for it loud of TR'O- HUNDRED FORTYN' -FIVE ($245.00) DOLLARS. Such cost_ by Resolution of the Board of County Commissioners of Collier Count}', Florida. shall become a lien on your property within twenty (20) days of the date of this leeal,notice of assessment. You ma) request a hearing before the Board of County Commissioners to show cause. if an%. "by the expenses and charges incurred by the County under County Ordinance No. 99 -51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. NOV ? 4 2000 F. LIENS/ MS'nt LN AL ! Pli % 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 I8 19 00 21 .3 ,4 's ,6 27 '8 29 30 31 32 33 34 3S 36 37 3F 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 RESOLUTION NO. 2000- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS SUCCESSOR TO ORDINANCE No. 91 -47, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as successor to Ordinance No. 91 -47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel: and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twehe percent (12 %) per annum. NOW. THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as fellow s, hating been abated of a puhlic nuisance after due and proper notice thereof to the owners) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LAKE EST., LEON E. LEGAL DESCRIPTION: Lot 27, Block 187, GOLDEN GATE, Unit 6, according to the plat thereof recorded in Plat Book 5, Pages 124 through 134 inclusive, of the Public Records of Collier County, Florida. COST: $245.00 REFERENCE #: 1583 FOLIO #: 36303160006 The County shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and it such owner fails to pay such assessment scithin tNenry (20) daps hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this _ day of , 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK. Clerk COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk James D. Carter, Ph.D ,Chairman Approved as to form and legal sufficiency: Ivw mc-- THOMAS C. PALMER, Assistant County Attorney F: LIEN / Ms "rR RESOLUTION NOV ' 4 2000 PQ._ r BOARD OF COUTNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN RAMIREZ, ALFREDO L. d DATE: ANNE C. RAMIREZ RO BOX 462 MIDDLETOWN, NY 10940 REF. INV.# 1582 FOLIO # 36242840005 LIEN NUMBER: LEGAL DESCRIPTION: Lot 16, Block 169, Unit 5, part GOLDEN GATE according to the plat thereof recorded in Plat Book 5, Page I I of the Public Records of Collier County, Florida. You. as the owners) of the property above- described, as recorded in the records maintained by the office of the property .Appraiser, are herehtr advised that the Code Enforcement Director. did on .June 27, 2000, order the abatement of a certain nuisance existing on the above propene prohibited by Ordinance No. 99-51 and served a notice of violation upon you The nuisance is: PROHIBITED ACCUNILLATION OF WEEDS, GRASS, OR OTHER SINIILAR NON - PROTECTED ON ERGROR T11 IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to ah,uc such nuisance: whereupon, it Has abated by the expenditure of public funds at a direct cost of FORTY -FIVE ($45.00) DOLLARS plus an administrative cost of Tsvo- hundred (S20000) dollars loo a total of TWO- HUNDRED FORTY -FIVE ($245.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County. Florida. shall become a lien on your properly within tnvenb (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if am'. why the expenses and charges incurred by the County under County Ordinance No. 99 -51 are excessive or umvarranted or \k by such expenses should not constitute a lien against the properly. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. NOV 14 2000 F. LIENS/ MSTR LNAL C� 2 3 4 5 6 7 8 9 10 11 12 13 la 15 16 17 18 19 20 21 22 ,3 24 ,5 '_6 27 2s ' -9 311 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 RESOLUTION NO. 2000- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS SUCCESSOR TO ORDINANCE No. 91 -47, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as successor to Ordinance No. 91 -47, as amended, the direct costs of abatement of certain nuisances, including prescribed administraLee cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than wenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12170 per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, hacimz been abated of a public nuisance after due and proper notice thereof to the ow- ner(s) of said property, is hereby assessed the following costs of such ahatemcm, to u -it NAME: RAMIREZ, ALFREDO L. & ANNE C. LEGAL DESCRIPTION: Lot 16, Block 169, Unit 5, part GOLDEN GATE according to the plat thereof recorded in Plat Book 5, Page I I of the Public Records of Collier County, Florida. COST: $245.00 REFERENCE #: 1582 FOLIO #: 362428400115 The County shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and it such owner fails to pay such assessment within twemy (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is smyed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of Coumv Commissioners of Collier County, Florida, this _ day of , 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk James D. Carter, Ph.D .Chairman Approved as to form and legal sufficiency: 9 0 V11\ THOMAS C. PALMER, Assistant County Attorney E LIEN / MSTR RESOLUTION NOV 14 2000 pQ.—ze- EXECUTIVE SUMMARY LIEN RESOLUTIONS -CODE ENFORCEMENT CASE NUMBERS: 1.999101030 /Goodman, 1999101028 /Goodman, 1999080426/Blanco, 1499080425B1anco ,1999110687/Boll OBJECTIVE: For the Board of County Commissioners to adopt separate Resolutions assessing separate liens against certain parcels identified in the Resolutions in order to recover public funds expended to affect the abatement of public nuisances at such locations, all as provided for in Ordinance No. 99 -51, as successor to Ordinance No. 91 -47, as amended, the Collier County Litter, Weed and Exotics Control Ordinance. Ordinance No. 99 -51, as successor to Ordinance No. 91 -47, as amended, mandates the Board to impose a lien against property when an invoice to recover public funds expended to affect the abatement of a public nuisance is not paid at the expiration of twenty (20) days of the date of the notice. The following property owner's have not remitted the invoiced amounts. Case No. Owner of Record Case Summary Lien Amount a. Violation determined 10/11/99 b. Notice of Violation served unclaimed 1999101030 Goodman, Sam c. Notice of Violation Posted 12/02/99 $245.00 d. Unabated nuisance verified 12/21/99 e. Nuisance abated with public funds 12/29/99 f. Owner invoiced for costs 08/1500 a. Violation determined 10/11/99 b. Notice of Violation served 11/03/99 1999101028 Goodman, Sam c. Notice of Violation Posted NA $245.00 d. Unabated nuisance verified 12/21/99 e. Nuisance abated with public funds 12/29/99 f. Owner invoiced for costs 08/15/00 a. Violation determined 08/09/99 b. Notice of Violation served 08/21/99 1999080426 Blanco, Magdelina c. Notice of Violation Posted NA $245.00 d. Unabated nuisance verified 09/02/99 e. Nuisance abated with public funds 09 /15/99 f. Owner invoiced for costs 08/16/00 a. Violation determined 08/09199 b. Notice of Violation served 08/21/99 1999080425 Blanco, Magdelina c. Notice of Violation Posted NA $245.00 d. Unabated nuisance verified 09 102/99 e. Nuisance abated with public funds 09 /15/99 f. Owner invoiced for costs 08/16/00 NOV 14 2000 Pg._ Upon the Board's adoption of the Resolutions, copies of such and the Legal Notices of Assessment will be mailed to the respective property owners. If the property owners fail to pay the amounts specified in the respective Resolutions within twenty (20) days hereof, the Clerk to the Board will record the Resolutions in the official records of the County. FISCAL IMPACT: A total reimbursement of $ 1,290.00 may be anticipated by voluntary action or foreclosure. The only expense projected to be incurred by the County is the cost of recording the Liens, which is estimated to be approximately $7.00 per lien, totaling $ 35.00, which is budgeted and available in the current fiscal year Code Enforcement budget. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolutions. PREPARED BY: DATE: Janet Sellars, Customer Service Representative II Code Enforcement REVIEWED BY: DATE: /1, � t c Michelle Edwards Arnold, Director Code Enforcement GJ' ' 91"-0 "1 %A� DATE: Ili ^6d Johri M. Dunnuck III Com unity Development & Environmental Services AGE&A�..�CL7 F�_ No. \LL NOV 14 2000 va. a-- a. Violation determined 11/16/99 b. Notice of Violation served 11/23/99 1999110687 Boll, Gregory & Evva c. Notice of violation Posted NA d. Verification of unabated nuisance 01103100 $310.00 e. Nuisance abated with public funds 02/01100 f. Owner invoiced for costs 08 /16 /00 Upon the Board's adoption of the Resolutions, copies of such and the Legal Notices of Assessment will be mailed to the respective property owners. If the property owners fail to pay the amounts specified in the respective Resolutions within twenty (20) days hereof, the Clerk to the Board will record the Resolutions in the official records of the County. FISCAL IMPACT: A total reimbursement of $ 1,290.00 may be anticipated by voluntary action or foreclosure. The only expense projected to be incurred by the County is the cost of recording the Liens, which is estimated to be approximately $7.00 per lien, totaling $ 35.00, which is budgeted and available in the current fiscal year Code Enforcement budget. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolutions. PREPARED BY: DATE: Janet Sellars, Customer Service Representative II Code Enforcement REVIEWED BY: DATE: /1, � t c Michelle Edwards Arnold, Director Code Enforcement GJ' ' 91"-0 "1 %A� DATE: Ili ^6d Johri M. Dunnuck III Com unity Development & Environmental Services AGE&A�..�CL7 F�_ No. \LL NOV 14 2000 va. a-- BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN GOODMAN, SAM 260 MONTEREY DRIVE NAPLES, FI 34119 DATE: REF. INV.# 1452 FOLIO # 55700400007 LIEN NUMBER: LEGAL DESCRIPTION: Lot 10, Linda Park, according to the plat thereof as recorded in Plat Rook 4, Page 19, Public Records of Collier County, Florida. - You, as the owner(s) of the property above- described, as recorded in the records maintained by the office of the Proper(% Appraiser, arc hereby advised that the Code Enforcement Director, did on December 21. 1999. order the ahutement of a certain nuisance existine on the above property prohibited by Ordinance No 99 -51 and served a notice of violation upon you. The nuisance is PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON - PROTECTED ON'ERGROA1TH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance: whereupon, it was abated by the expenditure of public funds at it direct cost of FORTY -FIVE ($45.00) DOLLARS plus an administratise cost of Two - hundred ($200.00) dollars lot a total of TWO- HUNDRED FORTY -FIVE ($245.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on }'our properly within- twenty (20) daps of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99 -51 are excessive or unwarranted or why such expenses .should not constitute alien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. F: LIENS/ MSTR LNAL AGENDA ITEM NM—" I NOV 1, 4 2000 PQ. 2 4 5 6 7 8 9 10 12 13 14 15 16 17 is 19 20 21 °2 23 24 25 ,6 '7 ,8 ,9 30 31 32 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 RESOLUTION NO. 2000- A RESOLUTION OF THE BOARD OF COUNTY COMMIS AONERS PROVIDING FOR THE ASSESS.• ENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51. AS SUCCESSOR TO ORDINANCE No. 91 -47, AS AMENDED WHEREAS. as provided in Ordinance No. 99 -51, as successor to Ordinance No. 91 -47, as amended, the direct costs of abatement of certain nuisances, including prescribed administmGve cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance he,-inning on the date this Resolution is recorded at the rate of twelve percent (12^k) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the propenv described as follo\es, havinz been abated of a public nuisance after due and proper notice thereof to the owner(s) of said Property. is hereby assessed the follorwing costs of such abatement. to wit: NAIVE: GOODN1AN,SAR1 LEGAL DESCRIPTION: Lot 10, LINDA PARK, according to plat thereof as recorded in Plat Book 4 page 19, Public Records of Collier County, Florida. COST: $245.00 REFERENCE #: 1452 FOLIO #: 55700400007 The County shall mail a Notice of Assessment of Lien to the 0wner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is staved by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this _ day of , 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk - COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk James D. Carter, Ph.D ,Chairman Approved as to form and legal sufficiency: 10, l A l bwc_ THOMAS C. PALMER, Assistant County Attorney E LIEN/ MSTR RESOLUTION AGENDA ITEM MO. —IJ4Z NOV 14 2000 PB•_. BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN GOODMAN, SAN] 260 MONTEREY DRIVE NAPLES, FI 34119 DATE: REF. INV.# 1451 FOLIO # 55700440009 LIEN NUMBER: LEGAL DESCRIPTION: Lot 11, Linda Park, according to the plat thereof as recorded in Plat Book 4, Page 19, Public Records of Collier County, Florida. You, as the ouner(s) of the property above- described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Directon did on December 21, 1999, order the abatement of a certain nuisance existmE on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is PROHIBITED ACCUMULATION OF WEEDS. GRASS, OR OTHER SIMILAR NON - PROTECTED OVERGROWTII IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You foiled to ahate such nuisance; whereupon.. it was ahmed by the expenditure of public funds at a direct cost of FORTY -FIVE ($45.00) DOLLARS plus an administrative cost of Two- hundred ($200.00) dollars for a total of TWO - HUNDRED FORTY -FIVE ($245.110) DOLLARS. Such cost, by Resolution of the Board of County. Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99 -51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. w �6T NOV 14 2000 F. LIENS/ MSTR LNAL I � �Q. 3 4 5 6 7 8 9 10 It 12 13 14 15 16 17 18 I') 20 73 24 25 26 28 29 30 3I 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 RESOLUTION NO. 2000- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as successor to Ordinance No. 91 -47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12f7r) per annum. NOW. THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follotrs, having been ahated of a public nuisance after due and proper notice thereof to the ost'ner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: GOODMAN, SAM LEGAL DESCRIPTION: Lot 11, LINDA PARK, according to the plat thereof as recorded in Plat Book 4, page 19, Public Records of Collier County, Florida. COST: $245.00 REFERENCE #: 1451 FOLIO #: 55700440009 The County shall mail a Notice of Assessment of Lien to the owners) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier Count, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this _ day of , 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY. FLORIDA LM Deputy Clerk BY: James D. Carter, Ph.]) ,Chairman Approved as to form and legal sufficiency: THOMAS C. PALMER, Assistant County Attorney R LIENI MSTR RESOLUTION iMo.1� NOV 14 2000 Pg._ 6 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN BLANCO, MAGDELINA DATE: 820 ELAINE ROAD E. W. PALM BEACH, FL 33415 REF. INV.# 1313 FOLIO # 77262160009 LIEN NUMBER: LEGAL DESCRIPTION: Lot 39, Block 2, Unit 2, TRAIL ACRES, according to the plat thereof recorded in Plat Rook 4. Page 62, of the Public Records of Collier County, Florida. You, as the owner(s) of the properly above - described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on September 2, 1999, order the abatement of a certain nuisance existing on the above propel7y prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance Is* PROHIBITED ACCUMULATION OF WEEDS. GRASS, OR OTHER SIN11LAR NON - PROTECTED OVERGRONN'TH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance: whereupon, it was abated by the expenditure of public funds at a direct cost of FORTY -FIVE ($45.00) DOLLARS plus an administrative cost of Two - hundred ($200.00) dollars for it total of TWO - HUNDRED FORTY -FIN'S ($245.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this leLal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99 -51 are excessive or unwarranted or why such expenses should not constitute a lien against the property_ Said request for hearing shall be made to the County Administrator, Government Center. 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. AGENDA ITEM N0. �6_ Ic NOV 14 2000 F: LIENS/ MSM LNAL Pg. 4*7 3 4 5 6 7 s 9 10 12 13 t4 15 16 17 Is 19 20 22 '3 ,4 ^_5 ' -6 28 29 30 31 33 34 35 M 37 3s 39 40 41 42 43 44 45 46 47 48 49 So 51 52 53 54 55 56 57 58 59 60 RESOLUTION NO. 2000- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE `- SSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS SUCCESSOR TO ORDINANCE No. 91 -47, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as successor to Ordinance No. 91 -47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such propertyt and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel: and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid, and WHEREAS, the assessment shall become due anti payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12f,) per annum. NOW, THEREFORE. BE Il' RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNT)', FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owners) of said property, is hereby assessed the following costs of such abatement, to tvir. NAME: BLANCO, MAGDELINA LEGAL DESCRIPTION: Lot 39, Block 2, Unit 2, TRAIL ACRES, according to plat thereof as recorded in Plat Book 4 page 62, Public Records of Collier County, Florida. COST: $245.00 REFERENCE #: 1313 FOLIO #: 77262160009 The County shall mail a Notice of Assessment of Lien to the owners) of the above described property, and if such owner fails to pay such assessment within menty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this _ day of , 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Approved as to form and legal sufficiency: r 0 ice,, THOMAS C. PALMER, Assistant County Attorney F. LIEN/ MSTR RESOLUTION James D. Carter, Ph.D,Chairrnan AGEMA ITEM NOV 14 2000 Pa•� BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLO"ID.A LEGAL NOTICE OF ASSESSMENT OF LIEN BLANCO,MAGDELINA DATE: 820 ELAINE ROAD E. W. PALM BEACH, FL 33415 REF. INV.# 1312 FOLIO # 77262200008 LIEN NUMBER: LEGAL DESCRIPTION: Lot 40, Block 2, Unit 2, TRAIL ACRES, according to the plat thereof recorded in Plat Book 4, Page 62, of the Public Records of Collier County, Florida. You, as the owner(s) of the property above- desenbed, as recorded in the records - maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on September 2. 1999, order the abatement of a certain nuisance existing on the ahove property prohibited be Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMCLATION OF WEEDS, GRASS, OR OTHER SIMILAR NON - PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance: whereupon, it was abated by the expenditure of public funds at a direct cost of FORTY -FIVE. ($45.00) DOLLARS plus an administrative cost of Two- hundred ($200.00) dollars for a total of TWO - HUNDRED FORTY -FIVE ($245.00) DOLLARS. Such cost. by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a Gen on your property Nithin twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. NOV 14 2000 F: LIENS/ MSTR LNAL I pg. II 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 IF 19 20 21 22 =4 25 2S 29 30 31 ,2 73 71 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 RESOLUTION NO, 2000- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR ]HE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No- 99 -51, AS SUCCESSOR TO ORDINANCE No. 91 -47, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -5I, as successor to Ordinance No. 91 -47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel, and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. that the property described as follows. having been abated of a public nuisance after due and proper notice thereof to the ownens) of said property, is hereby assessed the following costs of such abatement, to w it NAME: BLANCO, MAGDELINA LEGAL DESCRIPTION: Lot 40, Block 2, Unit 2, TRAIL ACRES, according to plat thereof as recorded in Plat Book 4 page 62, Public Records of Collier County, Florida. COST: $245.00 REFERENCE #: 1312 FOLIO #: 77262200008 The County shall mail a Notice of Assessment of Lien to the owner(s) of the above described propeny, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such propeny according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this — day of , 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk - COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk James D. Carter, Ph.D ,Chairman Approved as to form and legal sufficiency: J THOMAS C. PALMER, Assistant County Attorney F. LIEN/ MSTR RESOLUTION NOV 14 2000 pg. BOARD OF COUNTY THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN BOLL, GREGORY GEORGE d EVVA L. DATE: 2720 COACH HOUSE LANE NAPLES, FL 34105 -2719 REF. INV.# 1504 FOLIO # 27483640002 LIEN NUMBER: LEGAL DESCRIPTION: Lot 11, Block "D ", Unit 1,CONNERS VANDERBILT BEACH ESTATES , according to the map or plat thereof recorded in Plat Book 3, Pages 8 d 9, of the Public Records of Collier County, Florida. You, as the owner(s) of the property above - described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on January 3, 1999, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and serNed a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON- PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance: whereupon, it was abated by the expenditure of public funds at a direct cost of ONE HUNDRED TEN ($110.00) DOLLARS plus an administrative cost of Two- hundred ($200.00) dollars for a total of THREE-HUNDRED TEN ($310.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florda, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99 -51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tarmami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. NOV 14 2000 F'. LIENSI Wn LNAL I Pg._ & _ — 1 2 4 4 5 6 7 8 9 10 D 12 13 14 15 1b 17 18 19 20 21 22 23 24 25 26 27 28 —. 29 30 31 t' 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 RESOLUTION NO. 2000- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR T14E COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS SUCCESSOR TO ORDINANCE No. 91 -47, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as successor to Ordinance No. 91 -47, as amended, the direct costs of abatement of certain nuisances, including prescribed administmthe cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and repotted to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12 %n) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the propeny described as follows, having been ahated of a public nuisance after due and proper notice thereof to the owner(s) of said propeny, is herehy assessed the following costs of such abatement, to wit: NAME: BOLL, GREGORY GEORGE d EVVA L. LEGAL DESCRIPTION: Lot 11, Block °D" Unit 1, CONNERS VANDERBILT BEACH ESTATES according to the map or plat thereof recorded in Plat Book 3 pages 8 3 9, of the Public Records of Collier County, Florida. COST: $310.00 REFERENCE #: 1504 FOLIO #: 27483640002 The County shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this _ day of , 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk James D. Carter, Ph.D ,Chairman Approved as to form and legal sufficiency: THOMAS C. PALMER, Assistant County Attorney F. LIEN/ MSTR RESOLUTION NOV 1 11 2000 Pg.__ EXECUTIVE SUMMARY LIEN RESOLUTIONS -CODE ENFORCEMENT CASE 1999091649/Miralles; 1999090654/Moses; 1999100(.54 /Jimenez & 1999060368 /Johnson; 1999120665/Wooten NUMBERS; Arreguin; OBJECTIVE: For the Board of County Commissioners to adopt separate Resolutions assessing separate liens against certain parcels identified in the Resolutions in order to recover public funds expended to affect the abatement of public nuisances at such locations, all as provided for in Ordinance 99 -51, as successor to Ordinance 91 -47, as amended, the Collier County Litter, Weed and Exotics Control Ordinance. CONSIDERATIONS: Ordinance 99- 51,-as successor to Ordinance 91 -47, as amended, mandates the Board to impose a lien against property when an invoice to recover public funds expended to affect the abatement of a public nuisance is not paid at the expiration of twenty (20) days of the date of the notice. The following property owner's have not remitted the invoiced amounts. Case No. Owner of Record Case Summary Lien Amount a. Violation determined 09 -27 -99 1999091649 Miralles, Alfredo & b. Notice of Violation served 10 -27 -99 Miradis c. Unabated nuisance verified 11 -24 -99 $245.00 d. Nuisance abated with public funds 12 -20 -99 e. Owner invoiced for costs 02 -02 -00 a. Violation determined 08 -24 -99 1999090601 Moses, Joseph A. b. Notice of Violation served 09 -16 -99 c. Unabated nuisance verified 10 -01 -99 $245.00 d. Nuisance abated with public funds 10 -11 -99 e. Owner invoiced for costs 08/12/00 a. Violation determined 10 -19 -99 1999100654 Jimenez, Jesus Jr. & b. Notice of Violation served Unclaimed Arreguin, Martha c. Unabated nuisance verified 11 -24 -99 $245.00 d. Nuisance abated with public funds 12 -20 -99 e. Owner invoiced for costs 08/12/00 a. Violation determined 06 -03 -99 1999060368 b. Notice of Violation served 06 -12 -99 Johnson, James W. c. Verification of unabated nuisance 06 -29 -99 $425.00 d. Nuisance abated with public funds 07 -31 -99 e. Owner invoiced for costs 06/16/00 No __Zz" NOV 1 4 2000 pa. I Upon the Board's adoption of the Resolutions, copies of such and the Legal Notices of Assessment will be mailed to the respective property owners. If the property owners fail to pay the amounts specified in the respective Resolutions within twenty (20) days hereof, the Clerk to the Board will record the Resolutions in the official records of the County. FISCAL IMPACT: A total reimbursement of $1,405.00 may be anticipated by voluntary action or foreclosure. The only expense projected to be incurred by the County is the cost of recording the Liens, which is estimated to be approximately $7.00 per lien, totaling $35.00, which is budgeted and available in the current fiscal year Code Enforcement budget. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolutions. Janet Sellars, Customer Service Representative II Code Enforcement REVIEWED BY: /i � Michelle Edwards Arnold, Director Code Enforcement APPROVED BY: Joh M. Dunnuck III Co unity.Development & Environmental Services IBM DATE: DATE: 11--L-66 !!WZ45T'J NOV 14 2000 Pa. ?= — a. Violation determined 12 -21 -99 b. Notice of Violation served 12 -24 -99 1999120665 Wooten, Gene and Iris c. Verification of unabated nuisance 01 -18 -00 $245.00 d. Nuisance abated with public funds 0-01 -00 e. Owner invoiced for costs v6 -16 -00 Upon the Board's adoption of the Resolutions, copies of such and the Legal Notices of Assessment will be mailed to the respective property owners. If the property owners fail to pay the amounts specified in the respective Resolutions within twenty (20) days hereof, the Clerk to the Board will record the Resolutions in the official records of the County. FISCAL IMPACT: A total reimbursement of $1,405.00 may be anticipated by voluntary action or foreclosure. The only expense projected to be incurred by the County is the cost of recording the Liens, which is estimated to be approximately $7.00 per lien, totaling $35.00, which is budgeted and available in the current fiscal year Code Enforcement budget. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolutions. Janet Sellars, Customer Service Representative II Code Enforcement REVIEWED BY: /i � Michelle Edwards Arnold, Director Code Enforcement APPROVED BY: Joh M. Dunnuck III Co unity.Development & Environmental Services IBM DATE: DATE: 11--L-66 !!WZ45T'J NOV 14 2000 Pa. ?= — BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN MB2.ALLES, .ALFREDO B MIRADIS DATE: 105 SOUTH I IT STREET IMMOKALEE, FL 34142 REF. INV,# 1482 FOLIO # 66882200004 LIEN NUMBER: LEGAL DESCRIPTION: Lot 17, Block C, Pinecrest Subdivision, as recorded in Plat Book 7, Page 108, of the Public Records of Collier County, Florida. You, as the ossner(s) of the property above - described. as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on October 27, 1999 , order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 99 -51 and served a notice of violation upon you The nuisance is PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON - PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to ahate such nuisance; whereupon, it Nas abated by the expenditure of public funds at a direct cost of FORTY -FIVE ($45.00) DOLLARS and an administrative cost of Two- hundred ($200.00) dollars for a total of TWO - HUNDRED FORTY -FIVE ($245.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment.' You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99 -51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. AGENDA ITEM Na NOV 14 2000 F: LIENS/ MSTR LNAL ' Pa. RESOLUTION NO. 2000- A RESOLUTION OF THE BOARD OF COUNTY C09IMISSIONERS PROVIDING FOR THE AS..ESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 99 -51, AS SUCCESSOR TO ORDINANCE 91 -47, AS AMENDED WHEREAS, as provided in Ordinance 99 -51, the direct costs of abatement of certain nuisances, including prescribed 'administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (I2%) per annum NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: Miralles, Alfredo & Miradis LEGAL DESCRIPTION: Lot 17, Block C, Pinecrest Subdivision, as recorded in Plat Book 7, Page 108, of the Public Records of Collier County, Florida COST: $245.00 REFERENCE #: 1482 FOLIO #: 66882200004 The County shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this _ day of , 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: BY: DEPUTY CLERK James D. Carter, Ph. D, Chairman Approved as to form and legal sufficiency: - 'I. r 1 O tM fJ Wt•` -- ,AGENDA IT THOMAS C. PALMER, Assistant County Attorney NOV 14 2000 F -. LIEN/ MSTR RESOLUTION �/ Pj._3._ BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN MOSES. JOSEPH A. 6380 RADIO ROAD #12 NAPLES,FL34104 DATE: REF. IN V.# 1362 FOLIO # 62098960006 LIEN NUMBER: LEGAL DESCRIPTION: Naples'Manor Addition, Block 10, Lot 6 OR 1368 Page 1131 You, as the owner(s) of the property above--described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on September 16, 19999. order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 99 -51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON - PROTECTED OVERGRONYTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to ahate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FORTY -FIVE ($45.00) DOLLARS and an administrative cost of Two - hundred ($200.00) dollars for a total of TWO- HUNDRED FORTY -FIVE ($245.00) DOLLARS Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99 -51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. NOV 14 2000 F LIENS/ MS-M LNAL I vg. 3 4 5 6 7 s 9 to 12 13 14 15 16 n Is 19 ,o ,1 3 ,4 26 ,7 ,s 30 31 32 33 34 35 36 37 3s 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 RESOLUTION NO. 2000- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THI: COST OF THE ABATEMENT OF PUBLIC NUISANCE. IN ACCORDANCE WITH ORDINANCE 99 -51, AS SUCCESSOR TO ORDINANCE 91 -47, AS AMENDED WHEREAS, as provided in Ordinance 99 -51, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (121() per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property descnbed as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit NAME: Moses, Joseph A. LEGAL DESCRIPTION: Naples Manor Addition, Block 10, Lot 6 OR 1368 Page 1131 COST: $245.00 REFERENCE #: 1362 FOLIO #: 62098960006 The County shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. - This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this _ day of , 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: BY- DEPUTY CLERK James D- Carter,Ph.D Chairman Approved as to form and legal sufficiency: b w l u FNOVI THOMAS C. PALMER, Assistant County Attorney E LIEN/ MSTR RESOLUTION p,� BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY. FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN JIMENEZ 1R, JESUS & ARREGUIN. MARTHA P.O BOX 2028 IMMOKALEE, FL 34143 DATE: REF. INV.# 1439 FOLIO # 77130000301 LIEN NUMBER: LEGAL DESCRIPTION: Lot # 68 TRAFFORD MOBILE ESTATES, Plat Book 19, Page 65, according to Public Record of Collier County, Florida. You, as the owner(s) of the property above - described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director did on October 20, 1999, order the abatement of a certain nuisance existing on the above properly prohibited by Ordinance 99 -51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON - PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance: whereupon, it was abated by the expenditure of public funds at a direct cost of FORTY -FIVE ($45.00) DOLLARS and an administrative cost of Two - hundred ($200.00) dollars for a total of TWO - HUNDRED FORTY -FIVE ($245.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, "by the expenses and charges incurred by the County under County Ordinance No_ 99 -51 are excessive or un"+ ranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tantiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. NOV 14 2000 F: LIENS/ NISM LNAL Pg. / 1 3 4 5 a 7 8 9 10 12 13 14 15 16 17 18 19 20 22 21 5 6 ,7 2s ,a 30 31 32 33 34 35 36 17 38 39 40 41 42 43 44 45 4e 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 RESOLUTION NO. 2000- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 9951, AS SUCCESSOR TO ORDINANCE 91 -47, AS AMENDED WHEREAS. as provided in Ordinance 99 -5t, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcels and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid: and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12°o per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, hating been abated of a public nuisance after due and proper notice thereof to the owners) of said property, is hereby assessed the following costs of such abatement. to wit. NAME: Jimenez, Jesus Jr. & Arreguin, Martha LEGAL DESCRIPTION: Lot # 68 TRAFFORD MOBILE ESTATES, Plat Book 19, Page 65, according to Public Record of Collier County, Florida. COST: $245.00 REFERENCE #: 1439 FOLIO #: 77130000301 The County shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this _ day of , 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: BY: DEPUTY CLERK James D. Carter, Ph.D, Chairman Approved as to forth and legal sufficiency: l!�� I0� �A� tNt�c AGENDA ITEM THOMAS C. PALMER, Assistant County Attorney No. NOV 1 4 2000 F. LIEN/ MSTR RESOLUTION Pg. BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY. FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN JOHNSON, JAMES W. 226 OHIO AVENUE FORT MYERS, FL 33905 DATE: REF. INV.# 1208 FOLIO # 00133480005 LIEN NUMBER: LEGAL DESCRIPTION: 9 47 29 S W I/4 OF NW U4 OF NE 1/4, EXC R/1V,LESS OR 251 PG 806, LESS OR 273 PG 465, LESS OR 353 PG 141, LESS OR 9901.03 AC OR 801 PG 746 (PER TAX ROLL -PAGE 126) You, as the owner(s) of the property above- described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on June 12, 1999, order the abatement of a certain nuisance existing on the above property prohibited ba Ordinance 99 -51 and served a notice of violation upon you. The nuisance is: LITTER: PROHIBITED DUMPING, ACCUMULATION, STORAGE OR BURIAL OF LITTER, 1YASTE OR ABONDONED PROPERTY. LITTER OF NIETAL, WOOD, RUBBER, CARPETING. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of TWO HUNDRED TWENTY FIVE ($225.00) DOLLARS and an administrative cost of Two - hundred ($200.00) dollars for a total of FOUR - HUNDRED TWENTY FIVE ($425.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a heating before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99 -51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Govemment Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. i Nov 14 20 F: LIENS/ MSTR LNAL 2 3 4 5 6 7 8 9 w 11 12 13 14 15 16 17 Is 19 20 22 23 24 25 °6 ^7 2s 29 30 31 3_ 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 RESOLUTION NO. 2000- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 99 -51, AS SUCCESSOR TO ORDINANCE 91-47, AS AMENDED WHEREAS, as provided in Ordinance 99 -51, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and - WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the dale this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owners) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: Johnson, James"'. LEGAL DESCRIPTION: 9 47 29 SWIM OF NW'I /4 OF NEI /4, EXC R/W,LESS OR 251 PG 806, LESS OR 273 PG 465, LESS OR 353 PG 141, LESS OR 990 1.03 AC OR 801 PG 746 (PER TAX ROLL-PAGE 126) COST: $425.00 REFERENCE #: 1208 FOLIO #: 00133480005 The County shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this _ day of , 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: DEPUTY CLERK James D. Carter, Ph. D Chairman Approved as to forth and legal sufficiency:, L(1 � ��, ✓v'b4� THOMAS C. PALMER, Assistant County Attorney No-. Z4d) NOV 1/4 2000 P &_ BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN WOOTEN, GENE & IRIS DATE: RR BOX 120 OCHOPEE, FL 34141 REF. INV.# 1520 FOLIO # 83494320009 LIEN NUMBER: LEGAL DESCRIPTION: Lot 2, Block 12 of the Town of Everglades, Florida as per the plat thereof recorded in Plat Book 1 pages 87 through 95, inclusive of the Public Records of Collier County, Florida You, as the owner(s) of the property above - described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on January 18, 2000, order the abatement of a certain nuisance existine on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON - PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FORTY -FIVE ($45.00) DOLLARS plus an administrative cost of Two- hundred ($200.00) dollars for a total of TWO - HUNDRED FORTY -FIVE ($245.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why- the expenses and charges incurred by the County under County Ordinance No. 99 -51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall he made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. E LIENS/ MSTR LNAL NOV 1/4 2000 Pg- -LL- -- 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 23 24 25 ^_6 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 RESOLUTION NO. 2000- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONER° PROVIDING FOR THE ASSESSMENT Ot LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS SUCCESSOR TO ORDINANCE No. 91 -47, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as successor to Ordinance No. 91 -47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS. such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS. the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as folio% +S, having been abated of a public nuisance after due and proper notice thereof to the ow ner(s) of said property, is hereby assessed the tollmN ino costs of such abatement, to wit: NAME: WOOTEN, GENE & IRIS LEGAL DESCRIPTION:: Lot 2, Block 12 of the Town of Everglades, Florida as per the plat thereof recorded in Plat Book 1 pages 87 through 95, inclusive of the Public Records of Collier County, Florida. COST: $245.00 REFERENCE #: 1520 FOLIO #: 83494320009 The County shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this _ day of , 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY Deputy Clerk James D. Carter, Ph. D , Chairman Approved as to form and legal sufficiency: THOMAS C. PALM 1111, Assistant County Attorney F. LIEN/ MM RESOLUTION AGENDA ITEM NOV 14 Mo Pg.— 1A EXECUTIVE SUMMARY LIEN RESOLUTIONS -CODE ENFORCEMENT CASE NUMBERS: 1999101039 /Goodman, 1999101024 /Goodman, 1999101023 /Goodman, 1999101019 /Goodman, 1999101034 /Goodman OBJECTIVE: For the Board of County Commissioners to adopt separate Resolutions assessing separate liens against certain parcels identified in the Resolutions in order to recover public funds expended to affect the abatement of public nuisances at such locations, all as provided for in Ordinance No. 99 -51, as successor to Ordinance No. 91 -47, as amended, the Collier County Litter, Weed and Exotics Control Ordinance. CONSIDERATIONS: Ordinance No. 99 -51, as successor to Ordinance No. 91 -47, as amended, mandates the Board to impose a lien against property when an invoice to recover public funds expended to affect the abatement of a public nuisance is not paid at the expiration of twenty (20) days of the date of the notice. The following property owner's have not remitted the invoiced amounts. Case No. Owner of Record Case Summary Lien Amount a. Violation determined 10/11/99 b. Notice of Violation served 11/03/99 1999101039 Goodman, Sam c. Notice of violation Posted NA $245.00 d. Unabated nuisance verified 12/21/99 e. Nuisance abated with public funds 12/29/99 f. Owner invoiced for costs 08/15/00 a. Violation determined 10/11/99 b. Notice of Violation served 11/03/99 1999101024 Goodman, Sam c. Notice of Violation Posted NA $245.00 d. Unabated nuisance verified 12/21/99 e. Nuisance abated with public funds 12/29/99 f. Owner invoiced for costs 08115/00 a. Violation determined 10/11/99 b. Notice of Violation served 11/03/99 1999101023 Goodman, Sam c. Notice of Violation Posted NA $245.00 d. Unabated nuisance verified 12/21/99 e. Nuisance abated with public funds 12/29/99 f. Owner invoiced for costs 08/15/00 a. Violation determined 10/11/99 b. Notice of Violation served 11/03/99 1999101019 Goodman, Sam c. Notice of Violation Posted NA $245.00 d. Unabated nuisance verified 12/21/99 e. Nuisance abated with public funds 12/29/99 f. Owner invoiced for costs 08/15/00 No. NOV 14 2000 Upon the Board's adoption of the Resolutions, copies of such and the Legal Notices of Assessment will be mailed to the respective property owners. If the property owners fail to pay the amounts specified in the respective Resolutions within twenty (20) days hereof, the Clerk to the Board will record the Resolutions in the official records of the County. FISCAL IMPACT: A total reimbursement of $1,225.00 may be anticipated by voluntary action or foreclosure. The only expense projected to be incurred by the County is the cost of recording the Liens, which is estimated to be approximately $7.00 per lien, totaling $ 35.00, which is budgeted and available in the current fiscal year Code Enforcement budget. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolutions. PREPARED BY: DATE: r r f °) ( c Ja t Sellars, Customer Service Representative II Code Enforcement REVIEWED BY: _ c r-t� DATE: -7 t'; C' Michelle Edwards Arnold, Director Code Enforcement APPROVED BY: ,J DATE: kl �2 (cc John M. Dunnuck III Community Development & Environmental Services NOV 14 2000 Pg.--1--- a. Violation determined 10/11/99 b. Notice of Violation served 11/03/99 1999101034 Goodman, Sam c. Notice of violation Posted NA $245.00 d. Verification of unabated nuisance 12/21/99 e. Nuisance abated with public funds 12/29/99 f. Owner invoiced for costs 08/15/00 Upon the Board's adoption of the Resolutions, copies of such and the Legal Notices of Assessment will be mailed to the respective property owners. If the property owners fail to pay the amounts specified in the respective Resolutions within twenty (20) days hereof, the Clerk to the Board will record the Resolutions in the official records of the County. FISCAL IMPACT: A total reimbursement of $1,225.00 may be anticipated by voluntary action or foreclosure. The only expense projected to be incurred by the County is the cost of recording the Liens, which is estimated to be approximately $7.00 per lien, totaling $ 35.00, which is budgeted and available in the current fiscal year Code Enforcement budget. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolutions. PREPARED BY: DATE: r r f °) ( c Ja t Sellars, Customer Service Representative II Code Enforcement REVIEWED BY: _ c r-t� DATE: -7 t'; C' Michelle Edwards Arnold, Director Code Enforcement APPROVED BY: ,J DATE: kl �2 (cc John M. Dunnuck III Community Development & Environmental Services NOV 14 2000 Pg.--1--- BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN GOODMAN, SAM 260 MONTEREY DRIVE NAPLES, FI 34119 DATE: REF. INV.# 1457 FOLIO # 55700200003 LIEN NUMBER: LEGAL DESCRIPTION: Lot 5, Linda Park, according to the plat thereof as recorded in Plat Book 4, Page 19, Public Records of Collier County, Florida. You, as the owner(s) of the property above - described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on December 2, 1999, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF NEEDS, GRASS, OR OTHER SIMILAR NON - PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FORTY -FIVE ($45.00) DOLLARS plus an administrative cost of Two- hundred ($200.00) dollars for a total of TN'O- HUNDRED FORTY -FIVE ($245.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property .ti ithin twenty (20) days of the date of this legal, notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99 -51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. F: LIENS/ MSTR LNAL AGENDA REM Pj&_*!6j NOV 1 '1 2000 P&. 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Is 19 20 21 22 73 '4 25 26 27 18 29 30 31 3� 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 5s 59 60 RESOLUTION NO. 2000- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS SUCCESSOR TO ORDINANCE No. 91 -47, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as successor to Ordinance No. 91 -47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against ,vfiich made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (1217c) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: GOODMAN, SAM LEGAL DESCRIPTION:: Lot 5, Linda Park, according to the plat thereof as recorded in Plat Book 4, Page. 19, Public Records of Collier County, Florida. COST: $245.00 REFERENCE #: 1457 FOLIO #: 55700200003 The County shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this , day of , 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk James D. Carter , Ph. D, ; Chairman Approved as to form and legal sufficiency: THOMAS C. PALMER, Assistant County Attorney F: LIEN/ MSTR RESOLUTION AGENDA ITEM NOV ' 4 2000 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIEr_ COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN GOODMAN, SAM 260 MONTEREY DRIVE NAPLES, FI 34119 DATE: REF. INV.# 1456 FOLIO # 55700240005 LIEN NUMBER: LEGAL DESCRIPTION: Lot 6, Linda Park, according to the plat thereof as recorded in Plat Book 4, Page 19, Public Records of Collier County, Florida. You, as the owner(s) of the property above- described, as recorded in the records maintained by the office of the Property .Appraiser, are hereby advised that the Code Enforcement Director, did on December 2, 1999, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON - PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FORTY -FIVE ($45.00) DOLLARS plus an administrative cost of Two - hundred ($200.00) dollars for a total of TWO- HUNDRED FORTY -FIVE ($245.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property with -in twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause. if any, why the expenses and charges incurred by the County under County Ordinance No. 99 -51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. F: LIENS/ MSTR LNAL Na NOV 14 2000 Pg. —� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 RESOLUTION NO, 2000- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as successor to Ordinance No. 91 -47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: GOODMAN, SAM LEGAL DESCRIPTION:: Lot 6, Linda Park, according to the plat thereof as recorded in Plat Book 4, Page 19, Public Records of Collier County, Florida. COST: $245.00 REFERENCE #: 1456 FOLIO #: 55700240005 The County shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this — day of , 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk James D. Carter, Ph. D, Chairman Approved as to form and legal sufficiency: I–) i THOMAS C. PALMER, Assistant County Attorney F: LIEN/ MSTR RESOLUTION BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FI ORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN GOODMAN, SAM 260 MONTEREY DRIVE NAPLES, FI 34119 DATE: REF. INV.# 1455 FOLIO # 55700280007 LIEN NUMBER: LEGAL DESCRIPTION: Lot 7, Linda Park, according to the plat thereof as recorded in Plat Book 4, Page 19, Public Records of Collier County, Florida. You, as the owner(s) of the property above- described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on December 2, 1999, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON - PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FORTY -FIVE ($45.00) DOLLARS plus an administrative cost of Two- hundred ($200.00) dollars for a total of TWO- HUNDRED FORTY -FIVE ($245.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99 -51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. NOV 14 2000 F: LIENS/ MSTR LNAL 41 1 3 4 5 6 7 8 9 t0 11 12 13 14 15 16 17 18 t9 20 21 22 23 24 25 26 27 28 29 30 31 3'_ 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 RESOLUTION NO. 2000- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVID'NG FOR THE ASSESSMENT OF LIEN FOR THE COST C" THE ABATEMENT OF PUBLIC NUISANCE, W ACCORDANCE WITH ORDINANCE No. 99 -51, AS SUCCESSOR TO ORDINANCE No. 91 -47, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -_51, as successor to Ordinance No. 91 -47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12`70) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: GOODMAN, SAM LEGAL DESCRIPTION:: Lot 7, Linda Park, according to the plat thereof as recorded in Plat Book 4, Page 19, Public Records of Collier County, Florida. COST: $245.00 REFERENCE #: 1455 FOLIO #: 55700280007 The County shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this _ day of 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk James D. Carter, Ph. D 'Chairman Approved as to form and legal sufficiency: n \r C-y- THOMAS C. PALMER, Assistant County Attorney F: LIEN/ MSTR RESOLUTION AGEMA ITEM NOV 14' 2000 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN GOODMAN, SAM 260 MONTEREY DRIVE NAPLES, FI 34119 DATE: REF. INV.# 1454 FOLIO # 55700320006 LIEN NUMBER: LEGAL DESCRIPTION: Lot 8, Linda Park, according to the plat thereof as recorded in Plat Book 4, Page 19, Public Records of Collier County, Florida. You, as the owner(s) of the property above - described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on December 2, 1999, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON - PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FORTY -FIVE ($45.00) DOLLARS plus an administrative cost of Two- hundred ($200.00) dollars for a total of TWO - HUNDRED FORTY -FIVE ($245.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99 -51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. F: LIENS/ MSTR LNAL X NOV 14 2000 PQ• . ^L- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 RESOLUTION NO. 2000- A RESOLUTION OF THE BOARD OF COUNTY COM °IISSIONERS PROVIDING FOR THE ASSI3SMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS SUCCESSOR TO ORDINANCE No. 91 -47, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as successor to Ordinance No. 91 -47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12`h) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: GOODMAN, SAM LEGAL DESCRIPTION:: Lot 8, Linda Park, according to the plat thereof as recorded in Plat Book 4, Page 19, Public Records of Collier County, Florida. COST: $245.00 REFERENCE #: 1454 FOLIO #: 55700320006 The County shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this _ day of , 2000. ATTEST: DWIGHT E. BROCK, Clerk BY: Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Approved as to form and legal sufficiency: THOMAS C. PALMER, Assistant County Attorney F: LIEN/ MSTR RESOLUTION James D. Carter, Ph. D , Chairman AGENDA ITEMq N0. 7 " NOV 14 2-3 P9. BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA. LEGAL NOTICE OF ASSESSMENT OF LIEN GOODMAN, SARI 260 MONTEREY DRIVE NAPLES, FI 34119 DATE: REF. INV.# 1453 FOLIO # 55700360008 LIEN NUMBER: LEGAL DESCRIPTION: Lot 9, Linda Park, according to the plat thereof as recorded in Plat Book 4, Page 19, Public Records of Collier County, Florida. You, as the owner(s) of the property above- described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on December 2, 1999, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON- PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FORTY -FIVE ($45.00) DOLLARS plus an administrative cost of Two - hundred ($200.00) dollars for a total of TWO- HUNDRED FORTY -FIVE ($245.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99 -51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. F: LIENS/ MSTR LNAL AGENDA ITEM ` No._14d4. NOV 14 2000 Pg. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 t8 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 RESOLUTION NO. 2000- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS SUCCESSOR TO ORDINANCE No. 91 -47, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as successor to Ordinance No. 91 -47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel: and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and ,payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (1217c) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follo%�s, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: GOODMAN, SAM LEGAL DESCRIPTION:: Lot 9, Linda Park, according to the plat thereof as recorded in Plat Book 4, Page 19, Public Records of Collier County, Florida. COST: $245.00 REFERENCE #: 1453 FOLIO #: 55700360008 The County shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof. a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this _ day of , 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk James D Carter, Ph.D Chairman Approved as to form and legal sufficiency: THOMAS C. PALME , Assistant County Attorney AGENDA 1 NOV 14 2000 F: LIEN/ MSTR RESOLUTION I Pg.— A4 EXECUTIVE SUMMARY LIEN RESOLUTIONS -CODE ENFORCEMENT CASE NUMBERS: 1999090955/Hodges EST. James M., Evelyn L., Boyd; 9(1125046/EMC Holdings Inc., 1999071277/ Edward Pelc; 1999061277/Rocco Izzo OBJECTIVE: For the Board of County Commissioners to adopt separate Resolutions assessing separate liens against certain parcels identified in the Resolutions in order to recover public funds expended to affect the abatement of public nuisances at such locations, all as provided for in Ordinance No. 99 -51, as successor to Ordinance No. 91 -47, as amended, the Collier County Litter, Weed and Exotics Control Ordinance. CONSIDERATIONS: Ordinance No. 99 -51, as successor to Ordinance No. 91 -47, as amended, mandates the Board to impose a lien against property when an invoice to recover public funds expended to affect the abatement of a public nuisance is not paid at the expiration of twenty (20) days of the date of the notice. The following property owner's have not remitted the invoiced amounts. Case No. Owner of Record Case Summary Lien Amount a. Violation determined 09/10/99 Hodges EST. James M b. Notice of Violation served no receptacle 1999090955 Hodges Evelyn L & c. Notice of Violation Posted NA $300.00 d. Unabated nuisance verified 10/11/99 Hodges Boyd e. Nuisance abated with public funds 10/21/99 f. Owner invoiced for costs 08 /10 /00 a. Violation determined 02/03/99 EMC Holdings Inc. b. Notice of Violation served undeliverable 90125046 Rossi, Stephen E., RA c. Notice of Violation Posted NA $245.00 d. Unabated nuisance verified 03/03/99 e. Nuisance abated with public funds 03/16/99 f. Owner invoiced for costs 08/10/00 a. Violation determined 07/02/99 b. Notice of Violation served undeliverable 1999071277 Pelc, Edward c. Notice of Violation Posted NA $245.00 d. Unabated nuisance verified 08/18/99 e. Nuisance abated with public funds 08/24/99 f. Owner invoiced for costs 08/10/00 a. Violation determined 06/22/99 b. Notice of Violation served undeliverable 1999061277 Izzo, Rocco c. Notice of Violation Posted NA $245.00 d. Unabated nuisance verified 07/20/99 e. Nuisance abated with public funds 07/23/99 f. Owner invoiced for costs 08 /10 /00 Nm_jk(A)j 0 Nov 14 2000 PQ. 1 Upon the Board's adoption of the Resolutions, copies of such and the Legal Notices of Assessment will be mailed to the respective property owners. If the property owners fail to pay the amounts specified in the respective Resolutions within twenty (20) days hereof, the Clerk to the Board will record the Resolutions in the official records of the County. FISCAL IMPACT: A total reimbursement of $ 1,035.00 may be anticipated by voluntary action or foreclosure. The only expense projected to be incurred by the County is the cost of recording the Liens, which is estimated to be approximately $7.00 per lien, totaling $ 28.00, which is budgeted and available in the current fiscal year Code Enforcement budget. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolutions. PREPARED BY: Y Jano,t Sellars, Customer Service Representative II Code Enforcement REVIEWED BY: Michelle Edwards Arnold, Director Code Enforcement APPROVED BY: DATE: I - " - DATE: r,, ' DATE: 2 t bLS n M. Dunnuck III Coin o munity Development & Environmental Services AGENDA IT�EM NM NOV 14 2000 Pg. � BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN HODGES ESTATE, JAMES M. DATE: EVELYN L. HODGES & BOVD HODGES 313 JEFFERSON AVE. NAPLES, FI 34142 REF. INV.# 1381 FOLIO # 63859480009 LIEN NUMBER: LEGAL DESCRIPTION: Lots 1, 2, 3, 4, Block 31, New Market Subdivision, according to the map or plat thereof, recorded in the Public Records of Collier County, Florida in Plat Book 1, Page 104 -105. You, as the owner(s) of the property above - described, as recorded in the records maintained by the office of the Property Appraiser•, are hereby advised that the Code Enforcement Director.. did on October 11, 1999, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON - PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance: whereupon, it was abated by the expenditure of public funds at a direct cost of ONE HUNDRED ($100.00) DOLLARS plus an administrative cost of Two- hundred ($200.00) dollars for a total of THREE - HUNDRED ($300.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99 -51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. NM A/o NOV 14 2000 F: LIENS/ MSTR LNAL I • i• 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 '55 56 57 58 59 60 61 RESOLUTION NO. 2000- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS SUCCESSOR TO ORDINANCE No. 91 -47, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as successor to Ordinance No. 91 -47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12 %) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAN3E: HODGES ESTATE, JAMES N1.; EVELYN L. & BOYD HODGES LEGAL DESCRIPTION:, Lots 1, 2, 3, 4, Block 31, New Market Subdivision, according to the map or plat thereof, recorded in the Public Records of Collier County, Florida in Plat Book 1, Page 104 -105. COST: $300.00 REFERENCE #: 1381 FOLIO #: 63859480009 The County shall mail a Notice of Assessment of Lien tQ the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this _ day of , 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk James D. Carter, Ph-D Chairman Approved as to form and legal sufficiency: I 1 o ,„ i w� THOMAS C. PALMER, Assistant County Attorney F: LIEN/ MSTR RESOLUTION AGENDA ITEM Na AG - NOV 14 2000 pa. BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN EMC HOLDINGS, INC ATTN: STEPHEN E. ROSSI DATE: 800 LAUREL OAK DR. STE. 303 NAPLES, Fl 34108 -2713 REF. INV.# 1024 FOLIO # 68300002627 LIEN NUMBER: LEGAL DESCRIPTION: Lot 31 of PORT OF THE ISLANDS, PHASE TWO, according to the plat thereof, recorded in Plat Book 21, pages 1 through 4, of the Public Records of Collier County, Florida. You, as the o�aner(s) of the property above- described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on March 3, 1999, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF NON- PROTECTED MOWABLE VEGETATION IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT IN A SUBDIVISION OTHER THAN GOLDEN GATE ESTATES. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FORTY -FIVE ($45.00) DOLLARS plus an administrative cost of Two- hundred ($200.00) dollars for a total of TWO- HUNDRED FORTY -FIVE ($245.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99 -51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. AGENDA ITEM No. 16(A) /D NOV 14 2000 F: LIENS/ MSTR LNAL I P9 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 '0 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 RESOLUTION NO. 2000- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE A,:SESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS SUCCESSOR TO ORDINANCE No. 91 -47, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as successor to Ordinance No. 91 -47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of t�eelve percent (12 �) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: EMC Holdings Inc., LEGAL DESCRIPTION: Lot 31 of PORT OF THE ISLANDS, PHASE TWO, according to the plat thereof, recorded in Plat Book 21, pages 1 through 4, of the Public Records of Collier County, Florida. COST: $245.00 REFERENCE #: 1024 FOLIO #: 68300002627 The County shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this — day of , 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: Deputy Clerk M Approved as to form and legal sufficiency: THOMAS C. PALMER, Assistant County Attorney F. LIEN/ MSTR RESOLUTION James D. Carter, Ph-D Chairman AGENDA ITEM Na- 0 Z NOV 14 2000 Pg. BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN PELC, EDWARD J. & LAVERDA DATE: 21 PEBBLEBEACH DR.. LINCOLN, IL 62656 -1210 REF. INV.# 1284 FOLIO # 35690600005 LIEN NUMBER: LEGAL DESCRIPTION: Lot 15, Block 2, Unit 1, Part 2, GOLDEN GATE, as recorded in Plat Book 11, Pages 11 and 12, Public Records of Collier County, Florida. You, as the owner(s) of the property above - described, as recorded in the records maintained by the office of the Properv, Appraiser, are hereby advised that the Code Enforcement Director, did on August 18, 1999, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF NEEDS, GRASS, OR OTHER SIMILAR NON - PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FORTY -FIVE ($45.00) DOLLARS plus an administrative cost of Two- hundred ($200.00) dollars for a total of TWO- HUNDRED FORTY -FIVE ($245.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99 -51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. NOV 14 2000 F: LIENS/ MSTR LNAL pg* 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 75 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 4l 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 RESOLUTION NO. 2000- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR 7 IE COST OF THE ABATEMENT OF PUBLIC NUISANCE, W ACCORDANCE WITH ORDINANCE No. 99 -51. AS SUCCESSOR TO ORDINANCE No. 91 -47, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as successor to Ordinance No. 91 -47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessmeni and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12 %) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement. to wit: NANIE: PELC, EDWARD LEGAL DESCRIPTION: Lot 15, Block 2, Unit 1, Part 2, GOLDEN GATE, as recorded in Plat Book 11, Pages l l and 12, Public Records of Collier County, Florida. COST: $245.00 REFERENCE #: 1284 FOLIO #: 35690600005 The County shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County. to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this — day of , 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk James D. Carter, Ph. D Chairman Approved as to form and legal sufficiency: (� j THOMAS C. PALMER, Assistant County Attorney F: LIEN/ MSTR RESOLUTION AGENDA ITEM No, NOV ' 4 2000 pg• —�_ BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLOViDA IZZO, ROCCO SR. 41 SWEET HILL DR. JOHNSTON, RI 29190 LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: REF. INV.# 1179 FOLIO # 62573920008 LIEN NUMBER: LEGAL DESCRIPTION:, Lot 26, Block 19, NAPLES PARK UNIT NO.2, according to the plat thereof, as recorded in Plat Book 2, Page 107, Public Records of Collier County, Florida. You, as the owner(s) of the property above- described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on July 20, 1999, order the ahatemcnt of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and ser%ed a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON - PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FORTY -FIVE ($45.00) DOLLARS plus an administrative cost of Two- hundred ($200.00) dollars for a total of TWO- HUNDRED FORTY -FIVE ($245.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99 -51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. - F: LIENS/ MSTR LNAL AGENDA ITEM Na 6 NOV 14 2000 Pg. 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2- 4 25 26 27 28 '9 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 RESOLUTION NO. 2000- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS SUCCESSOR TO ORDINANCE No. 91 -47, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as successor to Ordinance No. 91 -47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of A..,sessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12(70 per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: IZZO, ROCCO SR. LEGAL DESCRIPTION: Lot 26, Block 19, NAPLES PARK UNIT NO.2, according to the plat thereof, as recorded in Plat Book 2, Page 107, Public Records of Collier County, Florida. COST: $245.00 REFERENCE #: 1179 FOLIO #: 62573920008 The County shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this _ day of , 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk James D. Carter, Ph. D , Chairman Approved as to form and legal sufficiency: ( THOMAS PALMER, Assistant County Attorney AGEiVOA F: LIEN/ MSTR RESOLUTION NOV 14 2000 pg. A0 EXECUTIVE SUMMARY LIEN RESOLUTIONS -CODE ENFORCEMENT CASE NUMBERS: LaRue /81201066; LaRue/1999090714; Mortilus/1999091653; AviaV1999110125; Marant HocnesIncJ1999090554 OBJECTIVE: For the Board of County Commissioners to adopt separate Resolutions assessing separate liens against certain parcels identified in the Resolutions in order to recover public funds expended to affect the abatement of public nuisances at such locations, all as provided for in Ordinance No. 99 -51, as successor to Ordinance No. 91 -47, as amended, the Collier County Litter, Weed and Exotics Control Ordinance. CONSIDERATIONS: Ordinance No. 99 -51, as successor to Ordinance No. 91 -47, as amended, mandates the Board to impose a lien against property when an invoice to recover public funds expended to affect the abatement of a public nuisance is not paid at the expiration of twenty (20) days of the date of the notice. The following property owner's have not remitted the invoiced amounts. Case No. Owner of Record Case Summary Lien Amount a. Violation determined 12/02/98 b. Notice of Violation served unclaimed 81201066 LaRue, Claude E. c. Notice of violation Posted NA $245.00 d. Unabated nuisance verified 02/02/99 e. Nuisance abated with public funds 02/25/99 f. Owner invoiced for costs 08 /10 /00 a. Violation determined 08/26/99 b. Notice of Violation served 09/20/99 1999090714 LaRue, Claude E. c. Notice of Violation Posted NA $245.00 d. Unabated nuisance verified 10/01/99 e. Nuisance abated with public funds 10/11/99 f. Owner invoiced for costs 08 /10 /00 a. Violation determined 09/28/99 b. Notice of Violation served undeliverable 1999091653 Mortilus, Jean C. & C. Notice of Violation Posted NA $245.00 d. Unabated nuisance verified 10/22/99 Earnestine e. Nuisance abated with public funds 11/15/99 f. Owner invoiced for costs 08110/00 a. Violation determined 10/29/99 b. Notice of Violation served undeliverable 1999110125 Avila, Filomeno & c. Notice of Violation Posted 12/07/99 $245.00 d. Unabated nuisance verified 12/20/99 Maria J. e. Nuisance abated with public funds 12/22/99 - f. Owner invoiced for costs 08/10/00 Ho 4 NOV 14 2000 pg. Upon the Board's adoption of the Resolutions, copies of such and the Legal Notices of Assessment will be mailed to the respective property owners. If the property owners fail to pay the amounts specified in the respective Resolutions within twenty (20) days hereof, the Clerk to the Board will record the Resolutions in the official records of the County. FISCAL IMPACT: A total reimbursement of $ 1,225.00 may be anticipated by voluntary action or foreclosure. The only expense projected to be incurred by the County is the cost of recording the Liens, which is estimated to be approximately $7.00 per lien, totaling $ 35.00, which is budgeted and available in the current fiscal year Code Enforcement budget. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolutions. PREPARED BY: DATE: / C' ` ` If Jafl'et Sellars, Customer Service Representative II Code Enforcement REVIEWED BY: DATE: Michelle Edwards Arnold, Director Code Enforcement APPROVED BY: %�, DATE: J hn M. Dunnuck III C munity Development & Environmental Services AGENDA ITEM t' --1,4( NOV 14 2000 Pg. _ L a. Violation determined 08/26/99 b. Notice of Violation served undeliverable 1999090554 Marant Homes Inc. c. Notice of violation Posted NA $245.00 d. Verification of unabated nuisance 10/06/99 e. Nuisance abated with public funds 10/18/99 f. Owner invoiced for costs 08 /10 /00 Upon the Board's adoption of the Resolutions, copies of such and the Legal Notices of Assessment will be mailed to the respective property owners. If the property owners fail to pay the amounts specified in the respective Resolutions within twenty (20) days hereof, the Clerk to the Board will record the Resolutions in the official records of the County. FISCAL IMPACT: A total reimbursement of $ 1,225.00 may be anticipated by voluntary action or foreclosure. The only expense projected to be incurred by the County is the cost of recording the Liens, which is estimated to be approximately $7.00 per lien, totaling $ 35.00, which is budgeted and available in the current fiscal year Code Enforcement budget. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolutions. PREPARED BY: DATE: / C' ` ` If Jafl'et Sellars, Customer Service Representative II Code Enforcement REVIEWED BY: DATE: Michelle Edwards Arnold, Director Code Enforcement APPROVED BY: %�, DATE: J hn M. Dunnuck III C munity Development & Environmental Services AGENDA ITEM t' --1,4( NOV 14 2000 Pg. _ L BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN LA RUE, CLAUDE E. DATE: 3811 BELVOIR DR. SW HUNTSVILLE, AL 35805 -4944 REF. INVA 81201066 FOLIO # 62092120004 LIEN NUMBER: LEGAL DESCRIPTION: Lot 9, Block 4, NAPLES MANOR ADDITION. According to the plat thereof, on file and recorded in the Public Records of Collier County, Florida PB 3, Pages 67 and 68. You, as the owner(s) of the property above - described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on February 2, 1999, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON- PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT IN A SUBDIVISION OTHER THAN GOLDEN GATE ESTATES.. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FORTY -FIVE ($45.00) DOLLARS plus an administrative cost of Two- hundred ($200.00) dollars for a total of TWO - HUNDRED FORTY -FIVE ($245.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99 -51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. AGENDA ITEM No.._ZA�� NOV 14 2000 F: LIENS/ MSTR LNAL I Pg. J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 RESOLUTION NO. 2000- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSW,.IT OF LIEN FOR THE; COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS SUCCESSOR TO ORDINANCE No. 91 -47, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as successor to Ordinance No. 91 -47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12 %) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LA RUE, CLAUDE E. LEGAL DESCRIPTION: Lot 9, Block 4, NAPLES MANOR ADDITION. According to the plat thereof, on file and recorded in the Public Records of Collier County, Florida PB 3, Pages 67 and 68. COST: $245.00 REFERENCE #: 81201066 FOLIO #: 62092120004 The County shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this — day of , 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: Deputy Clerk BY: James D.Carter, Ph.D Chairman Approved as to form and legal sufficiency: (� � THOMAS C. PALMER, Assistant County Attorney F: LIEN/ MSTR RESOLUTION re.1�1L/ NOV 14 2000 Pg. y — BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN LA RUE, CLAUDE E. DATE: 3811 BELVOIR DR. SW HUNTSVILLE, AL 35805 -4944 REF. INV.# 1358 FOLIO # 62092120004 LIEN NUMBER: LEGAL DESCRIPTION: Lot 9, Block 4, NAPLES MANOR ADDITION. According to the plat thereof, on file and recorded in the Public Records of Collier County, Florida PB 3, Pages 67 and 68. You, as the owner(s) of the property above - described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on October 1, 1999, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON. PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FORTY -FIVE ($45.00) DOLLARS plus an administrative cost of Two - hundred ($200.00) dollars for a total of TWO - HUNDRED FORTY -FIVE ($245.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days-of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99 -51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. AGENDA IITIEM/ a . NOV 14 2000 F: LIENS/ MSTR LNAL 1 - Pg. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 5s 59 60 61 RESOLUTION NO. 2000- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR 'T iJE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS SUCCESSOR TO ORDINANCE No. 91 -47, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as successor to Ordinance No. 91 -47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12 %) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LA RUE, CLAUDE E. LEGAL DESCRIPTION: Lot 9, Block 4, NAPLES MANOR ADDITION. According to the plat thereof, on file and recorded in the Public Records of Collier County, Florida PB 3, Pages 67 and 68. COST: $245.00 REFERENCE #: 1358 FOLIO #: 62092120004 The County shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this _ day of , 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: Deputy Clerk BY: Approved as to form and legal sufficiency: THOMAS C. PALMER, Assistant County Attorney F: LIEN/ MSTR RESOLUTION James D. Carter, Ph. D , Chairman Nov 14 2000 Pg. to BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN MORTILUS, JEAN C. & EARNESTINE DATE: 1230 N. 18TH ST iMMOKALEE, FI 34142 REF. INV.# 1401 FOLIO # 77162240003 LIEN NUMBER: LEGAL DESCRIPTION: Lot 31, Block 4, TRAFFORD PINES ESTATES, according to the plat thereof recorded in Plat Book 10, Pages 99 & 100, of the Public Records of Collier County, Florida You, as the owner(s) of the property above - described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on October 22, 1999, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON - PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FORTY -FIVE ($45.00) DOLLARS plus an administrative cost of Two- hundred ($200.00) dollars for a total of TWO - HUNDRED FORTY -FIVE ($245.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice • of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99 -51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. AGENDA ITEM NM__A - Fes'` `/ NOV 14 2000 F: LIENS/ MSTR LNAL PQ•e� -� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 RESOLUTION NO. 2000- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS SUCCESSOR TO ORDINANCE No. 91 -47, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as successor to Ordinance No. 91 -47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12 %) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: MORTILUS, JEAN C. & EARNESTINE LEGAL DESCRIPTION: Lot 31, Block 4, TRAFFORD PINES ESTATES, according to the plat thereof recorded in Plat Book 10, Pages 99 & 100, of the Public Records of Collier County, Florida. COST: $245.00 REFERENCE #: 1401 FOLIO #: 77162240003 The County shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this _ day of , 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk James D. Carter, Ph. D , Chairman Approved as to form and legal sufficiency: THOMAS C. PALMER, Assistant County Attorney F: LIENI MSTR RESOLUTION AGENDA lWM No..—a(AIZZ NOV 14 2000 Pa._ BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLOR'.UA LEGAL NOTICE OF ASSESSMENT OF LIEN AVILA, FILOMENO & MARIA J. DATE: 5590 10' PL SW NAPLES, Fl 34116 -4951 REF. INV.# 1437 FOLIO # 35987920003 LIEN NUMBER: LEGAL DESCRIPTION: Lot 13, Block 87, Golden Gate Unit No. 3, according to the plat thereof recorded in Plat Book 5, Page 100, of the Public Records of Collier County, Florida. You, as the owner(s) of the property above - described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on December 28, 1999, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON. PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FORTY -FIVE ($45.00) DOLLARS plus an administrative cost of Two- hundred ($200.00) dollars for a total of TWO - HUNDRED FORTY -FIVE ($245.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99 -51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. Na SGT NOV 142000 F: LIENS/ MSTR LNAL I Pg•_L- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 -30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 RESOLUTION NO. 2000- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING :;OR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS SUCCESSOR TO ORDINANCE No. 91 -47, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as successor to Ordinance No. 91 -47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12 %) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: AVILA, FILOMENO & MARIA LEGAL DESCRIPTION: Lot 13, Block 87, Golden Gate Unit No. 3, according to the plat thereof recorded in Plat Book 5, Page 100, of the Public Records of Collier County, Florida COST: $245.00 REFERENCE #: 1437 FOLIO #: 35987920003 The County shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this _ day of , 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk James D. Carter, Ph-D Chairman Approved as to form and legal sufficiency: QU THOMAS C. PA R, Assistant County Attorney AGMA ITEM NOV 14 2000 F: LIEN/ MSTR RESOLUTION BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA i LEGAL NOTICE OF ASSESSMENT OF LIEN MARANT HOMES INC. DATE: C/0 Maria 1. Sanchez 3430 S.W 127TH AVENUE MIAMI, Fl 33175 REF. INV.# 1346 FOLIO # 36315800008 LIEN NUMBER: LEGAL DESCRIPTION: Lot 6, Block 199, Unit 6 GOLDEN GATE according to the plat thereof recorded in Plat Book 5, Page 131, of the Public Records of Collier County, Florida. You, as the owner(s) of the property above - described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on October 6, 1999, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON - PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FORTY -FIVE ($45.00) DOLLARS plus an administrative cost of Two - hundred ($200.00) dollars for a total of TWO - HUNDRED FORTY -FIVE ($245.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99 -51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. AGENDA IIT)E�M/ Na-l� NOV 14 2000 F: UENS/ MSTR LNAL I pg•_�L_ J 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ^� 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 r ` 58 59 60 RESOLUTION NO. 2000- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS SUCCESSOR TO ORDINANCE No. 91 -47, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as successor to Ordinance No. 91 -47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12 %) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: MARANT HOMES INC. LEGAL DESCRIPTION: Lot 6, Block 199, Unit 6 GOLDEN GATE according to the plat thereof recorded in Plat Book 5, Page 131, of the Public Records of Collier County, Florida. COST: $245.00 REFERENCE #: 1346 FOLIO #: 36315800008 The County shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this _ day of , 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk James D. Carter, Ph. D , Chairman Approved as to form and legal sufficiency: Lj/v, , ,,.,� THOMAS C. PALMER, Assistant County Attorney F. LIEN/ MSTR RESOLUTION AGENDA ITEM NO� NOV 14 2000 Pg. ZgL- - — I EXECUTIVE SUMMARY LIEN RESOLUTIONS -CODE ENFORCEMENT CASE NUMBERS: 1999070957 /Goodman; 1999070956 /Goodman; 19"070955/Goodman; 1999101014/Goodman; 1999101013 /Goodman OBJECTIVE: For the Board of County Commissioners to adopt separate Resolutions assessing separate liens against certain parcels identified in the Resolutions in order to recover public funds expended to affect the abatement of public nuisances at such locations, all as provided for in Ordinance No. 99 -51, as successor to Ordinance No. 91 -47, as amended, the Collier County Litter, Weed and Exotics Control Ordinance. CONSIDERATIONS: Ordinance No. 99 -51, as. successor to Ordinance No. 91 -47, as amended, mandates the Board to impose a lien against property when an invoice to recover public funds expended to affect the abatement of a public nuisance is not paid at the expiration of twenty (20) days of the date of the notice. The following property owner's have not remitted the invoiced amounts. Case No. Owner of Record Case Summary Lien Amount a. Violation determined 07/16/99 b. Notice of Violation served unclaimed 1999070957 Goodman, Sam c. Notice of Violation Posted NA $245.00 d. Unabated nuisance verified 08/16/99 e. Nuisance abated with public funds 08/21/99 f. Owner invoiced for costs 08/15/00 a. Violation determined 07/16/99 b. Notice of Violation served unclaimed 1999070956 Goodman, Sam c. Notice of Violation Posted NA $245.00 d. Unabated nuisance verified 08/16/99 e. Nuisance abated with public funds 08/21/99 f. Owner invoiced for costs 08/15/00 a. Violation determined 07/16/99 b. Notice of Violation served 08/06/99 1999070955 Goodman, Sam c. Notice of Violation Posted NA $245.00 d. Unabated nuisance verified 08/12/99 e. Nuisance abated with public funds 08/17/99 f. Owner invoiced for costs 08/15/00 a. Violation determined 10/11/99 b. Notice of Violation served 11/03/99 1999101014 Goodman, Sam c. Notice of Violation Posted NA $245.00 d. Unabated nuisance verified 12/21/99 e. Nuisance abated with public funds 12/29/99 f. Owner invoiced for costs 08/15/00 NOV 14 20.0 Pa. f Upon the Board's adoption of the Resolutions, copies of such and the Legal Notices of Assessment will be mailed to the respective property owners. If the property.owners fail to pay the amounts specified in the respective Resolutions within twenty (20) days hereof, the Clerk to the Board will record the Resolutions in the official records of the County. FISCAL IMPACT: A total reimbursement of $ 1,225.00 may be anticipated by voluntary action or foreclosure. The only expense projected to be incurred by the County is the cost of recording the Liens, which is estimated to be approximately $7.00 per lien, totaling $35.00, which is budgeted and available in the current fiscal year Code Enforcement budget. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolutions. Ili_ ' • 8!%v Jan; t Sellars, Customer Service Representative II Code Enforcement 1 *14C"1lM.W Michelle Edwards Arnold, Director Code Enforcement APPROVED BY: DATE: DATE: I C ,, It, ,!1 -r -r, `-� DATE: `r' /2l cp J0# M. Dunnuck III Community Development & Environmental Services NOV 14 2000 Pg._ .7- a. Violation determined 10/11/99 b. Notice of Violation served 11/03/99 1999101013 Goodman, Sam c. Notice of violation Posted NA $245.00 d. Verification of unabated nuisance 12/21/99 e. Nuisance abated with public funds 12/29/99 f. Owner invoiced for costs 08/15/00 Upon the Board's adoption of the Resolutions, copies of such and the Legal Notices of Assessment will be mailed to the respective property owners. If the property.owners fail to pay the amounts specified in the respective Resolutions within twenty (20) days hereof, the Clerk to the Board will record the Resolutions in the official records of the County. FISCAL IMPACT: A total reimbursement of $ 1,225.00 may be anticipated by voluntary action or foreclosure. The only expense projected to be incurred by the County is the cost of recording the Liens, which is estimated to be approximately $7.00 per lien, totaling $35.00, which is budgeted and available in the current fiscal year Code Enforcement budget. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolutions. Ili_ ' • 8!%v Jan; t Sellars, Customer Service Representative II Code Enforcement 1 *14C"1lM.W Michelle Edwards Arnold, Director Code Enforcement APPROVED BY: DATE: DATE: I C ,, It, ,!1 -r -r, `-� DATE: `r' /2l cp J0# M. Dunnuck III Community Development & Environmental Services NOV 14 2000 Pg._ .7- BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN GOODMAN, SAM 260 MONTEREY DRIVE NAPLES, FI 34119 DATE: REF. INV.# 1266 FOLIO # 55701720003 LIEN NUMBER: LEGAL DESCRIPTION: Lot 45, Linda Park, according to the plat thereof as recorded in Plat Book 4, Page 19, Public Records of Collier County, Florida. You, as the owner(s) of the property above- described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on August 16, 1999, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON - PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (IS) INCHES IN HEIGHT. You failed to abate such nuisance: whereupon, it was abated by the expenditure of public funds at a direct cost of FORTY -FIVE ($45.00) DOLLARS plus an administrative cost of Two- hundred ($200.00) dollars for a total of TWO- HUNDRED FORTY -FIVE ($245.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99 -51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. AGENDA ITEM NOV 14 2000 F: LIENS/ MSTR LNAL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 RESOLUTION NO. 2000- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS SUCCESSOR TO ORDINANCE No. 91 -47, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as successor to Ordinance No. 91 -47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: GOODMAN, SAM LEGAL DESCRIPTION:: Lot 45, Linda Park, according to the plat thereof as recorded in Plat Book 4, Page 19, Public Records of Collier County, Florida. COST: $245.00 REFERENCE #: 1266 FOLIO #: 55701720003 The County shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this _ day of , 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk ,Tames D. Carter, Ph. D , Chairman Approved as to form and legal sufficiency: THOMAS C. PALMER, Assistant County Attorney F: LIEN/ MSTR RESOLUTION r NOV 14 2000 Pg. 7` BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN GOODMAN, SAM 260 MONTEREY DRIVE NAPLES, FI 34119 DATE: REF. INV.# 1265 FOLIO # 55700080003 LIEN NUMBER: LEGAL DESCRIPTION: Lot 2, Linda Park, according to the plat thereof as recorded in Plat Book 4, Page 19, Public Records of Collier County, Florida. You, as the owner(s) of the property above- described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on August 16, 1999, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON - PROTECTED OVERGR01i'TH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to ahate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FORTY -FIVE ($45.00) DOLLARS plus an administrative cost of Two- hundred ($200.00) dollars for a total of TWO - HUNDRED FORTY -FIVE ($245.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your properly within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99 -51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. ' t i NOV 14 2000 F LIENS/ MSTR LNAL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 RESOLUTION NO. 2000- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMEP T OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS SUCCESSOR TO ORDINANCE No. 91 -47, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as successor to Ordinance No. 91 -47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and .payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: GOODNIAN, SAM LEGAL DESCRIPTION: Lot 2, Linda Park, according to the plat thereof as recorded in Plat Book 4, Page 19, Public Records of Collier County, Florida. COST: $245.00 REFERENCE #: 1265 FOLIO #: 55700080003 The County shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this _ day of , 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk James D. Carter, Ph. D , Chairman Approved as to form and legal sufficiency: V THOMAS C. PALMER, Assistant County Attorney F: LIEN/ MSTR RESOLUTION NOV 14 2000 Pg. 4 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLL`ER COUNTY, FI,ORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN GOODMAN, SAM 260 MONTEREY DRIVE NAPLES, FI 34119 DATE: REF. INV.# 1237 FOLIO # 55700040001 LIEN NUMBER: LEGAL DESCRIPTION: Lot 1, Linda Park, according to the plat thereof as recorded in Plat Book 4, Page 19, Public Records of Collier County, Florida. You, as the owner(s) of the property above- described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on August 12, 1999, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON - PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; �� hereupon, it was abated by the expenditure of public funds at a direct cost of FORTY -FIFE ($45.00) DOLLARS plus an administrative cost of Two- hundred ($200.00) dollars for a total of TWO- HUNDRED FORTY -FIVE ($245.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99 -51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. AGENDA ITEM N& -A (dlo NOV 14 2000 F: LIENS/ MSTR LNAL Pg•�� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ,4 25 26 27 2S 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 RESOLUTION NO. 2000- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR TIfE ASSESSMENT OF LIEN FOR THE COST 1_T THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS SUCCESSOR TO ORDINANCE No. 91 -47, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as successor to Ordinance No. 91 -47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (1270) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owners) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: GOODMAN, SAM LEGAL DESCRIPTION:: Lot 1, Linda Park, according to the plat thereof as recorded in Plat Book 4, Page 19, Public Records of Collier County, Florida. COST: $245.00 REFERENCE #: 1237 FOLIO #: 55700040001 The County shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment �.tiithin twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this _ day of , 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA mm Deputy Clerk BY: Approved as to form and legal sufficiency: THOMA C. PAL R, Assistant County Attorney F: LIEN/ MSTR RESOLUTION James D. Carter, Ph. D , Chairman NOV 14 2000 PQ• � BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN GOODMAN, SAM 260 )MONTEREY DRIVE NAPLES, Fl 34119 DATE: REF. INV.# 1460 FOLIO # 55700120002 LIEN NUMBER: LEGAL DESCRIPTION: Lot 3, Linda Park, according to the plat thereof as recorded in Plat Book 4, Page 19, Public Records of Collier County, Florida. You, as the owner(s) of the property above - described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on December 2, 1999, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON - PROTECTED OVERGROWTH 1N EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance: whereupon, it was abated by the expenditure of public funds at a direct cost of FORTY -FIVE ($45.00) DOLLARS plus an administrative cost of Two - hundred ($200.00) dollars for a total of TWO- HUNDRED FORTY -FIVE ($245.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become -a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99 -51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. NOV 14 2000 F: LIENS/ MM LNAL pg. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 75 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 RESOLUTION NO. 2000- A RESOLUTION OF THE BOARD OF COUNTY CO, "vSM1SSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS SUCCESSOR TO ORDINANCE No. 91 -47, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as successor to Ordinance No. 91 -47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such properly; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12 17() per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the o)'vner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: GOODMAN, SAM LEGAL DESCRIPTION:: Lot 3, Linda Park, according to the plat thereof as recorded in Plat Book 4, Page 19, Public Records of Collier County, Florida. COST: $245.00 REFERENCE #: 1460 FOLIO #: 55700120002 The County shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this _ day of , 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk James D. Carter, Ph. D , Chairman . Approved as to form and legal sufficiency: AGENDA ITEM THOMAt C. PALMER, Assistant County Attorney N &O) /oZ- NOV 14 2000 F: LIEN/ MSTR RESOLUTION I Pg -- —1� ____ BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER C0'_TNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN GOODMAN, SAM 260 MONTEREY DRIR'E NAPLES, FI 34119 DATE: REF. INV.# 1485 FOLIO # 55700160004 LIEN NUMBER: LEGAL DESCRIPTION: Lot 4, Linda Park, according to the plat thereof as recorded in Plat Book 4, Page 19, Public Records of Collier County, Florida. You, as the owner(s) of the property above - described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on December 2, 1999, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON - PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FORTY -FIVE ($45.00) DOLLARS plus an administrative cost of Two- hundred ($200.00) dollars for a total of TWO- HUNDRED FORTY -FIVE ($245.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99 -51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. F: LIENS/ MSTR LNAL AGENDA IWN No. 6i9 41 NOV 14 2000 Pg.�- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 I8 19 20 21 22 23 24 25 26 27 28 79 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 RESOLUTION NO. 2000- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS SUCCESSOR TO ORDINANCE No. 91 -47, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as successor to Ordinance No. 91 -47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the folio" ing costs of such abatement, to wit: NAME: GOODMAN, SAM LEGAL DESCRIPTION:: Lot 4, Linda Park, according to the plat thereof as recorded in Plat Book 4, Page 19, Public Records of Collier County, Florida. COST: $245.00 REFERENCE #: 1485 FOLIO #: 55700160004 The County shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this _ day of , 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk ,Tames D. Carter, Ph.D Chairman Approved as to form and legal sufficiency: - THOMAS C. PALMER, Assistant County Attorney F: LIEN/ MSTR RESOLUTION AG ZA IT NOV 14 2000 Pg.� EXECUTIVE SUMMARY LIEN RESOLUTIONS -CODE ENFORCEMENT CASE NUMBERS: 2000031283/Torres; 2000050551/Port Bougain LTD; 2000040514 /Carvajal; 2000040531/Daniels; 1999040944/Asbell TR. OBJECTIVE: For the Board of County Commissioners to adopt separate Resolutions assessing separate liens against certain parcels identified in the Resolutions in order to recover public funds expended to affect the abatement of public nuisances at such locations, all as provided for in Ordinance No. 99 -51, as successor to Ordinance No. 91 -47, as amended, the Collier County Litter, Weed and Exotics Control Ordinance. CONSIDERATIONS: Ordinance No. 99 -51, as successor to Ordinance No. 91 -47, as amended, mandates the Board to impose a lien against property when an invoice to recover public funds expended to affect the abatement of a public nuisance is not paid at the expiration of twenty (20) days of the date of the notice. The following property owner's have not remitted the invoiced amounts. Case No. Owner of Record Case Summary Lien Amount a. Violation determined 04/07/00 b. Notice of Violation served returned 2000031283 Torres, Gerardo & c. Notice of Violation Posted 05 /10 /00 $245.00 d. Unabated nuisance verified 06/02/00 Griselda e. Nuisance abated with public funds 07/01/00 f. Owner invoiced for costs 07/14/00 a. Violation determined 04/27/00 b. Notice of Violation served 05/30/00 2000050551 Port Bougain, LTD c. Notice of Violation Posted NA $245.00 d. Unabated nuisance verified 06 /12 /00 e. Nuisance abated with public funds 07/04/00 f. Owner invoiced for costs 07/14/00 a. Violation determined 04/20/00 b. Notice of Violation served returned 2000040514 Carvajal, Luis c. Notice of Violation Posted NA $245.00 d. Unabated nuisance verified 05/18/00 e. Nuisance abated with public funds 07/01/00 f. Owner invoiced for costs 07/14/00 a. Violation determined 04/12/00 b. Notice of Violation served 05 115 100 2000040531 Daniels, Phleany M. c. Notice of Violation Posted NA $245.00 d. Unabated nuisance verified 05/18/00 e. Nuisance abated with public funds 07 /03 /00 f. Owner invoiced for costs 08/12100 ►o._&..3 NOV 1 � 2000 pg. - — Upon the Board's adoption of the Resolutions, copies of such and the Legal Notices of Assessment will be mailed to the respective property owners. If the property owners fail to pay the amounts specified in the respective Resolutions within twenty (20) days hereof, the Clerk to the Board will record the Resolutions in the official records of the County. FISCAL IMPACT: A total reimbursement of $ 2,080.00 may be anticipated by voluntary action or foreclosure. The only expense projected to be incurred by the County is the cost of recording the Liens, which is estimated to be approximately $7.00 per lien, totaling $35.00, which is budgeted and available in the current fiscal year Code Enforcement budget. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolutions. F2,I'MULTRWHAW Janet Sellars, Customer Service Representative II Code Enforcement REVIEWED BY: r� Michelle Edwards Arnold, Director Code Enforcement APPROVED BY: J4�n M. Dunnuck, III, Interim Administrator Community Development & Environmental Services DATE: DATE: DATE: 1 l ^2= DL AGENDA ITE'M / ? NM �44, NOV 1 4 2000 PQ. a. Violation determined 04/22/99 b. Notice of Violation served 05/04/99 1999040944 Asbell TR, John R. c. Notice of violation Posted 05/29/99 $1,100.00 d. Verification of unabated nuisance 06/08/99 e. Nuisance abated with public funds 07/02/99 f. Owner invoiced for costs 08 /10 /00 Upon the Board's adoption of the Resolutions, copies of such and the Legal Notices of Assessment will be mailed to the respective property owners. If the property owners fail to pay the amounts specified in the respective Resolutions within twenty (20) days hereof, the Clerk to the Board will record the Resolutions in the official records of the County. FISCAL IMPACT: A total reimbursement of $ 2,080.00 may be anticipated by voluntary action or foreclosure. The only expense projected to be incurred by the County is the cost of recording the Liens, which is estimated to be approximately $7.00 per lien, totaling $35.00, which is budgeted and available in the current fiscal year Code Enforcement budget. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolutions. F2,I'MULTRWHAW Janet Sellars, Customer Service Representative II Code Enforcement REVIEWED BY: r� Michelle Edwards Arnold, Director Code Enforcement APPROVED BY: J4�n M. Dunnuck, III, Interim Administrator Community Development & Environmental Services DATE: DATE: DATE: 1 l ^2= DL AGENDA ITE'M / ? NM �44, NOV 1 4 2000 PQ. BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN TORRES, GERARDO & CRISELDA DATE: 4479 28Th PL. Ski' NAPLES, FL 34116 REF. INV.# 1573 FOLIO # 36000000003 LIEN NUMBER: LEGAL DESCRIPTION: Lot 13, Block 100, Golden Gate, Unit 3, according to the plat thereof as recorded in Plat Book 5, Page 101, of the Public Records of Collier County, Florida. You. as the owner(s) of the property above - described, as recorded in the records maintained by the office of the Property Appraiser. are hereby advised that the Code Enforcement Director, did on June 2, 2000. order the abatement of a certain nuisance existing on the above property prohibited h\ Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF 1!'EEDS, GRASS, OR OTHER SIMILAR NON - PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated b� the expenditure of public funds at a direct cost of FORTY -FIFE ($45.00) DOLLARS plus an administrative cost of T%w- hundred ($200.00) dollars for a total of TWO- HUNDRED FORTY -FIVE ($245.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County. Florida, shall become a lien on vour property �� ithin twent% (20) days of the date of this legal notice of assessment. You maN request a hearing before the Board of County Commissioners to show cause, it any, why the expenses and charges incurred h� the County under County Ordinance No. 99 -51 are excessive or urivananted or %N-h% such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. AGENDA ITEM NO, /j NOV . , 20rf) F t.IEnsf %ISTH rnAL Pg. RESOLUTION NO. 2000- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS SUCCESSOR TO ORDINANCE No. 91 -47, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as successor to Ordinance No. 91 -47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12 c•) per annum. NOW, THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that the property described as follows. having been abated of it public nuisance after due and proper notice thereof to the ownertsl ol' said property. is hereby assessed the following costs of such abatement, to wit: NAME: TORRES, GERARDO R CRISELDA LEGAL DESCRIPTION: Lot 13, Block 100, Golden Gate, Unit 3, according to the plat thereof' as recorded in Plat Book 5, Page 101, of the Public Records of Collier CountN, Florida. COST: $215.00 REFERENCE #: 1573 FOLIO #: 36000000003 The County shall mail a Notice of .Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier Count }, to constitute a lien against such property according to law, unless such direction is staved by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this _ day of 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk James D. Carter, Ph. D Chairman Approved as to form and legal sufficiency-., I tA- THOMAS C. PALMER, Assistant County Attorney F- LIEN; N1STR RESOLUTION AGENDA ITEM Na 6 l NOV 14 2u00 PB•_A_/_ BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN PORT BOUGAIN LTD DATE: ATTN: JOHN WHITE 5051 CASTELLO DR. STE 204 NAPLES, FL 34103 -1902 REF. INV.# 1572 FOLIO # 24682500027 LIEN NUMBER: LEGAL DESCRIPTION: Parcel 1, inclusive, of BOUGANVILLAS, as shown by map or plat thereof recorded in Plat Book 24, Pages25 and 26 of the Public Records of Collier County, Florida. You, as the owner(s) of the property above- described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on June 12, 2000, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUNIULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON - PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance: vthereupon, it was abated by the expenditure of public funds at a direct cost of FORTY -FIVE ($45.00) DOLLARS plus an administrative cost of Tv,o- hundred ($200.00) dollars for a total of TWO- HUNDRED FORTY -FIVE ($245.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within t%tenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause. if any, why the expenses and charges incurred by the County under County Ordinance No. 99 -51 are excessive or unwarranted or v by such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in %%citing within ten (10) days from the date of this notice. AGENDA ITEM No._, "Iz NOV g 2000 F. LIENS MSTR LNAL I P &• RESOLUTION NO. 2000- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 99 -51, AS SUCCESSOR TO ORDINANCE 91 -47, AS AMENDED WHEREAS, as provided in Ordinance 99 -51, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (121�'() per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the propertm described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NANIE: PORT BOUGAIN LTD LEGAL DESCRIPTION:. Parcel 1, inclusive, of BOUGANVILLAS, as shown h� map or plat thereof recorded in Plat Book 24, Pages25 and 26 of the Public Records of Collier County, Florida. COST: $245.00 REFERENCE #: 1572 FOLIO #: 24682500027 The County shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment %vithin twenty (20) days hereof. a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this ` day of , 2000. ATTEST: DWIGHT E. BROCK, Clerk DEPUTY CLERK Approved as to forth and legal sufficiency: I� BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: James D. Carter, Ph. D Chairman THOMAS C. PALMER, Assistant County Attorney E. LIEN/ MSTR RESOLI'TION AGENDA ITEM �2LL4- NOV 14 2000 Pg. �)) BOARD OF COUNTY CONINIISSIONEIRS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN CARAVAJAL, LUIS ALFREDO & DATE: PATRICIA A. CARAVAJAL 5205 NIC CARTHY ST. NAPLES, FL 34113 -8739 REF. INV.# 1576 FOLIO # 62046200006 LIEN NU MBER: LEGAL DESCRIPTION: Lot 25, in Block 10 of Naples manor Unit No. 1, according to the plat thereof, as recorded in Plat Book 3, at page 57 of the Public Records of Collier Count, Florida. You, as the o�kner(s) of the properly aboyc- described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on May 18, 2000, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and sewed a notice of violation upon you. The nuisance Is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON - PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it �kas abated by the expenditure of public funds at a direct cost of FORTY -FIFE ($45.00) DOLLARS plus an administrative cost of T%so- hundred ($200.00) dollars for a total of TWO- HUNDRED FORTY -FIVE ($245.00) DOLLARS. Such cost, b} Resolution of the Board of CountN Commissioners of Collier County. Florida. shall become a lien on your property tiyithin mcnty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any. why the expenses and charges incurred by the County under County Ordinance No. 99 -51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in ktriting within ten (t0) days from the date of this notice. F LIFNS' KISTR LNAL AGENDA ITEM 4 �4� rk,4 3 NOV 14 2090 pg •__ i __ 1 2 3 a 5 6 7 8 9 10 I1 12 13 14 t5 16 17 18 19 20 ,3 24 ,> c, '8 79 30 31 32 33 3.1 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 RESOLUTION NO. 2000- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS SUCCESSOR TO ORDINANCE No. 91 -47, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as successor to Ordinance No. 91 -47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall he assessed against such property, and WHEREAS, the cost thereof to the County as to each parcel shall he calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than t%�cnty ('20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid halance beginning on the date this Resolution is recorded at the rate of twelve percent (1217( ) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COI'NTY COMIMISSIONERS OF COLLIER COUNTY. FLORIDA, that the property described as follo%k >, haying been abated of a public nuisance after due and proper notice thereof to the ov�ncr(sl of sari propene, is hereby assessed the foliovying costs o1' such abatement. to %vit: NANIE: LUIS CARVAJAL R PATRICIA A. CARVAJAL LEGAL DESCRIPTION: Lot 25, in Block 10 of Naples Manor Unit No. 1, according; to the plat thereof, as recorded in Plat Book 3, at page 57 Public Records of Collier County, Florida. COST: $215.00 REFERENCE #: 1576 FOLIO #: 62046200006 The County shall mail a Notice of Assessment of Lien to the ovyner(s) of the aho\r described property, and if such owner fails to pay such assessment %yithin tnyenty (20) days hcrcof, a certified copy of this Resolution shall be recorded in the official records of Collier Count%. to constitute a lien against such properly according to la\N, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this _ day of 2000. ATTEST: BOARD OF COt_'NTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk James D. Carter Ph.D ,Chairman Approved as to form and legal sufficiency: �i THOMAS`C. PALMER, Assistant County AttorneN F LIEN; NISTR RESOLt ITION AGENDA ITEM �,_ZLAyk3 NOV 14 20100 pg. D BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DANIELS, PHLEANY M. 220 10TH ST. NE NAPLES, FL 34120 DATE: REF. INV.# 1579 FOLIO # 22624160003 LIEN NUMBER: LEGAL DESCRIPTION: Lot 5 Avalon Estates Block 6, Unit 1 according to plat recorded in plat Book 3, Page 62 of the Public Records of Collier County, Florida. You, as the owner(s) of the property above- described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on Mac 18, 2000, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON - PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance: \'\'hereupon. it was abated by the expenditure of public funds at a direct cost of FORTY -FIVE ($45.00) DOLLARS plus an administrative cost of T \yo- hundred ($200.00) dollars for a total of TWO - HUNDRED FORTY -FIVE ($245.00) DOLLARS. Such cost. by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within tv�cnt� (20) daNs of the date of this legal notice of assessment. You ma\' request a hearing before the Board of County Commissioners to show cause. if any, why the expenses and charges incurred by the Count\' under County Ordinance No. 99 -51 are excessive or umvarranted or why such expenses should not constitute a lien against the propem. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writins_ within ten (10) days from the date of this notice. AGENDA ITEM 40 ��,L�3 NOV 14 2000 E. LIENS/ NIsTR LNAL I 3 4 5 6 7 8 9 to II 11 13 14 l5 16 17 Is 19 20 _21 2 21 ,4 ,5 26 17 2S 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 5s 59 60 RESOLUTION NO. 2000- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS SUCCESSOR TO ORDINANCE No. 91 -47, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as successor to Ordinance No. 91 -47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrati.e cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel: and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of thaelve percent (12171 ) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described Lis follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement. to vv it. NAME: DANIELS, PHLEANY LEGAL DESCRIPTION: Lot 5 Avalon Estates Block 6, Unit I according to plat recorded in plat Book 3, Page 62 Public Records of Collier County, Florida. COST: $245.00 REFERENCE #: 1579 FOLIO #: 22624160003 The County shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof. a cenified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this _ day of 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: Deputy Clerk BY: James D.Carter, Ph.D Chairman Approved as to form and legal sufficiency: THOMAS C. PALMER, Assistant County Attorney F LIEN/ MSTR RESOLUTION AGENDA ITEM nla• zzj�6z NOV s 2000 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN ASBELL TR., JOHN R 3655 Tu AVE. S STE 202 NAPLES, FI 34102 DATE: REF. INV.# 1153 FOLIO # 30480320008 LIEN NUMBER: LEGAL DESCRIPTION: Lots 9 R 10, Block B, East Gate Subdivision, as recorded in Plat Book 1, Page 56, of the Public Records of Collier County, Florida. You, as the o��ner(s) of the property above- described, as recorded in the records maintained h), the office of the PropertN Appraiser, are herehy advised that the Code Enforcement Director, did on June 8, 1999 order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance )s: EXOTICS; PROHIBITED ACCUMULATION OF PROHIBITED SPECIES ON UNIMPROVED LAND LOCATED WITHIN 200' OF IMPROVED, SUBDIVIDED PROPERTY- EXOTICS CONSISTS OF BRAZILLIAN PEPPERS. You failed to ahate such nuisance; nhereupon, it was ahated bN the expenditure of public funds at a direct cost of NINE HUNDRED ($900.00) DOLLARS plus an administrati%e cost of Tao- hundred ($200.00) dollars for a total of ELEVEN - HUNDRED ($1,100.00) DOLLARS. Such cost. b� Resolution of the Board of Countv Commissioners of Collier County. Florida, shall become a lien on your property within twenty (20) dais of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to shoe cause. if anN. ashy the expenses and charges incurred hs the Count\' under County Ordinance No. 99 -51 are excessive or umvarranted or vn by such expenses should not constitute a lien against the propert. . Said request for hearing shall he made to the Count,,, Administrator. Government Center, 3301 Tamiami Trail East, Naples. Florida 311 t_' in vsriting \v ithin ten (l0) dais from the date of this notice. AGENDA IITEEMM NOV 1, 4 2000 F- HENS, NISTIt LN 1,1- 1 pi - -&-- 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 is 19 20 ,I 22 25 26 27 28 29 30 31 32 33 34 35 36 t7 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 RESOLUTION NO. 2000- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS SUCCESSOR TO ORDINANCE No. 91 -47, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as successor to Ordinance No. 91 -47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of tw elve percent (12c' ) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the o�%ner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: ASBELL TR., JOHN R. LEGAL, DESCRIPTION: Lots 9 R 10, Block B, East Gate Subdivision, as recorded in Plat Book 1, Page 56, Public Records of Collier County, Florida. COST: $1,100.00 REFERENCE #: 1153 FOLIO #: 30480320008 The County shall mail a Notice of Assessment of Lien to the ovvner(s) of the aho%e described property, and if such owner fails to pay such assessment within hventy (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier Count%, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this _ da% of 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk James D. Carter, Ph. D . Chairman Approved as to form and legal sufficiency: THOMAS C. PALM R, Assistant County Attorney AGENDA ITEM NOV ' 2000 F. LIEN/ MSTR RES<)LI'TION pg. �� EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "JOE CRISS SUBDIVISION" OBJECTIVE: To approve for recording the final plat of Joe Criss Subdivision, a subdivision of lands located in Section 4, Township 49 South, Range 26 East, Collier County, Florida. CONSIDERATIONS• Engineering Review Section has completed the review of the final.plat of "Joe Criss Subdivision ". This document is in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. There are no subdivision related improvements associated with this plat. Engineering Review Section recommends that the final plat of "Joe Criss Subdivision" be approved for recording. FISCAL IMPACT• The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $450.00 Plat Review Fees GROWTH MANAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ENVIRONMENTAL ISSUES: There are no environmental issues related to this plat. w� NOV 14 2000 PQ --L ---- Executive Summary Joe Criss Subdivision Page 2 HISTORICAL / ARCHEOLOGICAL ISSUES: There are no historical or archeological issues related to this plat. EAC RECOMMENDATION: This project was not required to be submitted to the EAC. CCPC RECOMMENDATION: This project was not required to be submitted to the CCPC. PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Joe Criss Subdivision" with the following stipulations: 1. Authorize the recording of the Final Plat of "Joe Criss Subdivision." PREPARED BY: Jo n R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager F,bbert Mulhere, AICP Planning Services Department Director APPROVED BY: Joh M. Dunnuck III, Acting Administrator Commlanity Dev. and Environmental Svcs. Date Z - 00 Date 10.17 Date I l 6- (w. Date NM ) /� NOV 14 2000 Pg. 02 HLUUP T%T%,r%rr7A"Vlr T /1/^I ♦ T*Te%XT LOCATION MAP NOT TO SCALE ERVATIONS A IER SS AGENDA ITEM No, NOV 14 2000 pg. EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "IBIS COVE, PHASE ONE ", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE• To approve for recording the final plat of "Ibis Cove, Phase One ", a subdivision of lands located in Section 27, Township 48 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Ibis Cove, Phase One ". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Planning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "Ibis Cove, Phase One" be approved for recording. FISCAL IMPACT• The project cost is $937,039.80 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $473,540.00 b) Drainage, Paving, Grading - $463,499.80 The Security amount, equal to 110% of the project cost, is $1,030,743.78 No E ^T F--No. NOV 14 2000 Executive Summary Ibis Cove, Phase One Page 3 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $18,254.91 Fees are based on a construction estimate of $929,339.80 and were paid in June and September, 2000. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4. /ac)- $ 812.00 b) Construction Drawing Review Fee Water & Sewer (.50% const. est.) - $2367.70 Drainage, Paving, Grading (.42% const. est.)- $1946.70 c) Construction Inspection Fee Water & Sewer (1.5% const. est.) - $7103.10 Drainage, Paving, Grading (1.3% const. est.) - $6025.41 GROWTH MANAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues HISTORICAL /ARCHEOLOGICAL IMPACT: There archeological impacts EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: are no historical or That the Board of County Commissioners approve the Final Plat of "Ibis Cove, Phase One" for recording with the following stipulations: 1. Approve the amount of $1,030,743.78 as performance security for the required improvements. AG 15" No. . NOV 14 2000 Pg. -- — Executive Summary Ibis Cove, Phase One Page 3 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. PREPARED BY: J .s yl\ `ds \"A.V\ 18 • �- 4 - oo John R. Houldsworth, Senior Engineer Date Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Date Engineering Review Manager RTbert Mulhere, AICP Date Planning Services Department Director APPROVED BY: John M. Dunnuck III, Acting Administrator Date Communify Development & Environmental Services j rh AGENDA ITEM NOV 14 2000 I S 1 -- VICINITY MAP NOT TO SCALE NOV 14 2000 LA 3 DIIIA ESTER N CRDE CYPRESS TAY- O -SHAMM QUAL LOWQM* QE I LAKE 20 21 22 23 24 OIDE CYPRESS MAPLES- NAIOKALEE NOAD (C.R. M!) BRENTWOOD RAID W 29 � � GOLDEN GATE ESTATES 27 � 25 UNIT fT NEWTAGE CRYSTAL RMAS Oman Now LAM LAKE ISLAIDwMX VANLI AWLT 32 ORI COUNV" CLUB GOLDEN GATE ESTATES 33 34 35 36 L"T G! GOLDEN POD TUCKS RUN VANOERBLT BEACH ROAhltXT. VINEYARDS 4 � 3 2 1 VICINITY MAP NOT TO SCALE NOV 14 2000 EXECUTIVE SUMMARY REQUEST TO APPROVE A TERMINATION OF RESTRICTIVE COVENANTS BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND RIDGEPORT LIMITED PARTNERSHIP, AND CRF AIRPORT PAD LIMITED PARTNERSHIP, AS SUCCESSOR TO RIDGEPORT LIMITED PARTNERSHIP OBJECTIVE: To terminate the County's interest in the existing Restrictive Covenants for Ridgeport Plaza. CONSIDERATIONS: The County and Ridgeport Plaza Associates Limited Partnership, the predecessor in title, entered into those certain Covenants recorded in Official Record Book 1248, Page 1414, as amended in O.R. Book 2193, Page 699. The Covenants related to water management facilities within the Ridgeport property. The Covenants provided for termination upon the approval by Collier County of permanent drainage facilities and appropriate easements to support said facilities. The County has approved such alternate facilities therefore, the Restrictive Covenants are no longer required. The Termination has been reviewed and approved by the County Attorney's Office. FISCAL IMPACT: There is no fiscal impact to the County. The developer is required to pay the necessary recording fees. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact. RECOMMENDATIONS• 1. That the Board approve the Termination of Restrictive Covenants. 2. Authorize the Chairman to execute the Termination of Restrictive Covenants. 3. Instruct the Clerk to record the Termination of Restrictive Covenants in the Public Records. NOV 14 2000 Qa•_._z ____. ;xecutive Summary .idgeport Restrictive Covenants =age 2 PREPARED BY: ,V--�-A &-\ ,ASAA _ I n L, op JOHN R. HOULDSWORTH DATE SENIOR ENGINEER nREVIEWED BY: E{ i O ERT J. LHERE, AICP DATE PLANNING SERVICES DEPARTMENT DIRECTOR APPROVED BY: JOHN M.' DUNNUCK III, ACTING ADMINISTRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. AGENDA ITEM � --V—Je Nov 14 2000 pg._ SHOWN HEREON. SENT ;T zjw DAY PRESIDENT OF ENT )UE IN )NALLY KNOWN I PROJWT LOCA7X VV (NOT TO SCALE) NOV 14 2000 This instrument prepared by and after recording return to: Mary A. Mamell, Esq. 10001 Tamiami Trail No., Suite 102 Naples, Florida 34108 (941) 593 -3132 TERMINATION OF RESTRICTIVE COVENANTS THIS TERMINATION OF RESTRICTIVE COVENANTS ( "Termination ") is made this day of October, 2000, by COLLIER COUNTY, a political subdivision of the State of Florida, acting by and through its Board of County Commissioners, whose address is 3301 East Tamiami Trail, Naples, Florida 34112 ( "County") and RIDGEPORT LIMITED PARTNERSHIP, a Maryland limited partnership, whose address is 17 West Pennsylvania Avenue, Suite 500, Towson, Maryland 21204 (the " Ridgeport Property Owner "), for the benefit of CRF AIRPORT PAD LIMITED PARTNERSHIP, a Maryland limited partnership, having an address of 17 West Pennsylvania Avenue, Suite 500, Towson, Maryland, 21204 (the "Airport Pad Parcel Owner ") as successor in title to the Ridgeport Property Owner with regard to the Airport Pad Parcel (as hereinafter defined). (Whenever used herein, the terms the "County", "Ridgeport Property Owner" and "Airport Pad Parcel Owner" shall include the parties hereto and the heirs, personal representatives, successors and assigns to the parties) WITNESSETH: WHEREAS, County, with Ridgeport Plaza Associates Limited Partnership, a Virginia limited partnership, and the predecessor in title to Ridgeport Property Owner, entered into those certain Covenants ( "Covenants ") as are recorded in Official Record Book 1248, Page 1414, of the Public Records of Collier County, Florida; and WHEREAS, County and Ridgeport Property Owner then entered into those certain Restrictive Covenants as are recorded in Official Record Book 2193 at Page 699 of the Public Records of Collier County; and WHEREAS, Ridgeport Property Owner subsequently conveyed title to the property described in Exhibit B to the Restrictive Covenants (the "Airport Pad Parcel ") to the Airport Pad Parcel Owner, who currently retains title thereto; and WHEREAS, Ridgeport Property Owner still owns the title to the property described in Exhibit A to the Restrictive Covenants (the " Ridgeport Property "); and WHEREAS, County has approved alternative provisions for stormwater drainage and retention for both the Ridgeport Property and the Airport Pad Parcel, as required by the Covenants and by the Restrictive Covenants prior to the release or termination of samq�, -err4 LNOV 14 2000 NAP:21607:1 1 _,� WHEREAS, County and Ridgeport Property Owner desire to terminate the Covenants and the Restrictive Covenants in all respects, and Airport Pad Parcel Owner desires to join in and consent to such terminations. NOW, THEREFORE, County and Ridgeport Property Owner, joined by Airport Pad Parcel Owner, all intending to be legally bound, do hereby terminate for all purposes the Covenants and the Restrictive Covenants, so that from and after the date hereof the Airport Pad Parcel shall be freed of the Covenants and the Restrictive Covenants and all restrictions and other provisions contained therein. IN WITNESS WHEREOF, the undersigned have hereunto caused their presents to be xecuted the day and year first above written. a WsES: c BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Signature �1 Printed Name: Its: Printed Nine cvyy ted Name Signature • Esther Templeton ne N e S ature Printed Name RIDGEPORT LIMITED PARTNERSHIP a Maryland limited partnership By: RIDGEPORT, INC. a Maryland corporation Its: General Partner By: �) �. Pri to Name: Its: r (CORPORATE SEAL) AGENDA ITEM NOV 14 2000 NAP:21607:1 2 Pa. O /^ STATE LORIDA ) ) SS: COUNTY OF COL R ) I HEREBY CERTIF at on this day, before me, an officer duly authorized in the State aforesaid and in the County afor id to take acknowledgments, the foregoing instrument was acknowledged before me by , the of the BOARD OF COUNTY COMMISSIO S, COLLIER COUNTY, FLORIDA. He /She is personally known to me or who has produced as identification. WITNESS my hand and official seal in the County State last aforesaid this day of , 2000. My Commission Expires: Notary Public Typed, printed or stamped name of Notary blic STATE OF MARYLAND ) SS: COUNTY OF BALTIMORE ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the for instrument was acknowledged before me by 3o" P . ��Efi� r. , the of RIDGEPORT, INC., a Maryland corporation, as the deneral Partner of RIDGEPORT LIMITED PARTNERSHIP, a Maryland limited partnership. He /2ke is personally known to me or who has produced as identification. WITNESS my hand and official seal in the County and State last aforesaid this �)ItLday of q,,--,2000. My Commission Expires: tz:' CONIP'iSSION EXPIRES 3/1/02 NoYary Public Typed, printed or stamped name of (Z yr 7 "11�'co R D G� AGEMA ITEM Na ZZ-(0JP-- NOV 14 2000 NAP:21607:1 3 1 to JOINDER AND CONSENT CRF AIRPORT PAD LIMITED PARTNERSHIP, a Maryland limited partnership, as the owner of the Airport Pad Parcel described in the Termination of Restrictive Covenants to which this Joinder and Consent is attached, hereby joins in and consents to the terms and provisions of such Termination of Restrictive Covenants. Executed this a2 yTZ' day of 2000. Witnesses: Wed Esther Templeton rm d ame fitness # l m Sig d Printed Name of Witness #2 STATE OF MARYLAND ) ) SS: COUNTY OF BALTIMORE) CRF AIRPORT PAD LIMITED PARTNERSHIP a Maryland limited partnership By: CONTINENTAL REALTY INVESTORS CORP., a Maryland corporation By: ' Pri a Name: John A.Alejk—eyer. Jr. Its: Preside I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by �� r� 1.�e 1 .�� ,(z , the Py-� J-..# o f CONTINENTAL REALTY ACQUISITIONS C RP., a Maryland corporation, the general partner of CRF AIRPORT PAD LIMITED PARTNERSHIP, a Maryland limited partnership. He is personally known to me or who has produced as identification. WITNESS my hand and official seal in the County and State last aforesaid t ' of S .c , 2000. NpTARY z 0 Public Typed, printed or stamped name of Notary Public My Commission Expires: f'Y M WISSION EXPIRES 3 11101 NAP:21607:1 4 N& NOV 14 2000 ps } EXECUTIVE SUMMARY f _ ``,' REQUEST TO APPROVE FOR' RECORDING` THE .FINAL :PLAT " "OF NBAREFOOT vABAY'� xt; AND APPROVAL OF THE STANDARD FORMS CONSTRUCTION :;AND,4;,MAINTENANCE` r pt .S AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY r dF Pi qy ' s yk ra Zrn ti i ° , OBJECTIVE: To approve for recording the final' plat of , "B'arefobt, t; Bay" a , ,subdivision of lands located in ' Section 6, Township 4 &;South, ., Range' 25 East, Collier County,_.Florida,,.following the alternative procedure'' for approval of subdivision plats. i `y v ;•yyyyw k YJJ =5 ` ii �'�� F tp y Rt� k 1 •� �g' A � !° f % - c *} Gd had y i s m ak t t.±i'' w ' O a{ le CONSIDERATIONS • '. On November 23 1 >993 the Board of County Commissioners aproved;: the plat of. Spoonbill Cove. The",_ subdivision improvements ,were constructed, however the plat'was not recorded. new ,developer,.hae purchased the property and changed the project name to'tBarefootBay i, + it � ,• Engineering Review `Section has `completed thereview'of then* ecifications, ., and final,,plat Nofr, .:t"Barefoot i construction drawings•, sp 1. x�f Bay". These documents are w,: in ,,,,compliance ,.with . the County xLand �k' Development Code and Florida "_'State. Statute . No.,: 177:.,;;,.;, All },�tfees =r•have; ' been paid Security in the amount '.of ,:.,10 % of , the :: total cb'st t of,,. the.; t remaining ' required improvements, .':and 100 -.of the ; cost Hof . .any, g , improvements, together with a Construction and ;Ma'ntenance,Agreement for Subdivision Improvements, ;''•shall- ,be�rprovided,. ands; accepted bye they , Planning Services. Director and the County. Attorneys, off ice,,: prior to;,,i a the recording of the final" plat. ,.0 This, would . be in conformance with the County Land Development Code; -� Division 3.249. a�,fir�k4��, W �r . �"'�•i$� ` i' } i4iFrli d 'r,that the final Engineering Review ^.,Sectionrecommendsf "Barefoot Bay" be . approved f br recording! -.' � � .`i�'� 'w FISCAL IMPACT y'The 'f iscal'.impact,. to.x:the County 3s ;asp foll0 a �� n The` projecta;costt s:, -$113,538 00 (estimaed� Otto fbe�, borne by the , developer.., 3\� x'a # u •'' 4 it Y .r , i.:: ,° i M jfz J' �, rW.:' ��M d1:z',�iz�� ,►t y',�� Gila � i°A�'�t rY� #� The - Securt $amount;' equal toy 110 the Ya project cost, is; $`,o.124,8911 80,•^ 'br^ ..as : �inay . appropriate ;at "the'' time ofr, recording of, a plat . � R � r � ° R k. ?� ' �. } ; �.�• 4rV��z!r b �"h� �p� ��,y, &',-4 tr`w•F . � , �' u`S; W�' Y "Gt 9, } •. as i i.t'i,�; s' �j:.�r 2"�j?� S� ��1��F� �'* Y� �'� ri ' S ,�. 1 4 4iepK 'vk � ,R �.' 1' (., i a�F` T >� •P 1 Mj j �• 'L S { V yP fill � � I f ��,. ' +• 1 £ t ;j0•' lyyv?Wi,`'vH?' UV -1 00 Executive Summary Barefoot Bay Page 3 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $2580.84 Fees are based on a construction estimate of $113,538.00 and were paid in November, 1993 and are reflected in the Executive Summary of November 23, 1993. GROWTH MANAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues HISRORICAL /ARCHEOLOGICAL IMPACT: There are no historical or archeological impacts EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Barefoot Bay" for recording with the following stipulations: 1. Approve the amount of $124,891.80 as performance security for the required improvements. AGENDA ITEM NOV 14 2000 pg.--A- k Executive Summary Barefoot Bay Page 3 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. PR�IE�PARED �BY : 4 John R. Houldsworth, Senior Engineer Date Engineering Review 11c t t.0 /Ci - 30' Thomas E. Kuck, P.E. Date Engineering Review Manager Robert Mulhere, AICP D Planning Services Department Director APPROVED BY: John M.�' Dunnuck III, Acting Administrator Date Communi�y Development & Environmental Services jrh AGENDA ITEM NOV 14 2000 i BONITA BEACH ROAD = COUNTY T olJ CCUN�i SITE 6' 5 ]Y I j l COUNTY ICOUJER COUNTY \ m I �p 8 L✓ 9 10 " 1t l \ Z JK d9 GULF > ,7 S PASS �5 1� I OF 16 MEXICO I ; 20 IthAVE. 22 ; 23 1 IMMOKALFE ROAD 29 BONITA BEACH RD. 28 27 26 p Q C F-I 7 v DERSILT O' BEACH ROAD 34 35 0- 32 33 M" LOCATION MAP AGENDA ITEM No 7 NOV 14 2000 pg� EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "ISLAND WALK PHASE ONE, All To approve for recording the final plat of Island Walk, Phase One, A, a subdivision of lands located in Section 33, Township 48 South, Range 26 East, Collier County, Florida. CONSIDERATIONS• Engineering Review Section has completed the review of the final plat of "Island Walk Phase One, A". This document is in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. There are no subdivision related improvements associated with this plat.. Engineering Review Section recommends that the final plat of "Island Walk Phase One, All be approved for recording. FISCAL IMPACT• The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $450.00 Plat Review Fees GROWTH MANAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ENVIRONMENTAL ISSUES: There are no environmental issues related to this subdivision AGENDA ITEM Na. —&, � &If I NOV 1 4 2000 Executive Summary Island Walk Phase One, A Page 2 HISTORICAL / ARCHEOLOGICAL ISSUES: There are no historical or archeological issues related to this subdivision EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Island Walk Phase One, All with the following stipulations: 1. Authorize the recording of the Final Plat of "Island Walk Phase One, A." PREPARED BY: kN John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager R ert Mulhere, AICF Planning Services De- artment Director APPROVED BY: nn I� John M Dunnuck III, Acting Administrator Community Dev. and Environmental Svcs. R-- 1-00 Date i/_/_oa Date fit- Date fg, Date AGEWA� ITEM NOV 14 2000 Pg. o+�� 13 18 17 16 15 14 13 24 PROJECT �IMMOKALEE NAPLES ROAD LO CATI 28 25 30 29 27 26 25 36 31 32 33 34 35 36 (C.R. 862) T 48 S 'ANDERBI �IW T 49 S w w 6 4 3 2 1 1 T r 5 00 to un 1 uwr ) U. N N W � � Q F- N W 10 11 12 1 2 7 or um m 8 13 18 17 16 15 14 13 Y!! 16 LOCATION MAP AGEPIDA - No. Nov 14 2000 fig. EXECUTIVE SUMMARY ADOPT RESOLUTION OPPOSING FLORIDA'S COMMUNICATIONS SERVICES TAX SIMPLIFICATION ACT AND POSSIBLE AMENDMENTS THERETO, EXCEPT THOSE THAT PROMOTE THE INTERESTS OF COLLIER COUNTY OBJECTIVE: That the Board declare its opposition to Florida's Communications Services Tax Simplification Act, including all possible amendments that may be considered by the 2001 Florida Legislature, except those that promote the interests of Collier County. CONSIDERATIONS: On October 24, 2000, Utility & Franchise Regulation staff presented an analysis of the Act that was performed by the County Attorney and the County's outside legal counsel, Becker & Poliakoff, P.A., which questioned the constitutionality of the Act. Mr. Charles Dudley, an attorney representative for the telecommunications industry, addressed the Board, requesting that Collier County not take any legal actions, but simply monitor the Act during the 2001 Legislative Session. The Board unanimously voiced its opposition to the Act and authorized the County Attorney to retain outside legal counsel to file a lawsuit in Federal Court to challenge the Act. Adoption of the proposed Resolution may allow staff to garner support from other local jurisdictions and local legislative delegations in opposing the Act. State Representative, Dudley Goodlette, has been briefied regarding the Board's position. FISCAL IMPACT: There is no fiscal impact regarding this action. GROWTH MANAGEMENT IMPACT: There is no growth management impact regarding this action. RECOMMENDATION: That the Board adopt the proposed Resolution opposing amendments to Florida's Communications Tax Simplification Act except those that are in the interests of Collier Count . PREPARED BY: DATE: D. E. "BLEU" WALLACE, DIRECTOR UTILITY & FRANCHISE REGULATION APPROVED BY sXj ffi �..L DATE: 112 HN M. DUNNUCK III, INTERIM ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION r AGENDA ITEM No.—Z kAl19 NOV 14 ?000 Pg.�_ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 RESOLUTION NO. 2000- A RESOLUTION OF COLLIER COUNTY, FLORIDA, OPPOSING FLORIDA'S SO- CALLED COMMUNICATION SERVICES TAX SIMPLIFICATION ACT AND ALL FUTURE AMENDMENTS THERETO THAT ARE NOT IN THE INTERESTS OF COLLIER COUNTY WHEREAS, on July 1, 2000, Florida's Communication Services Tax Simplification Act (ACT) became effective without the Governor's signature; and WHEREAS, analysis of the ACT by the County Attorney's Office and an opinion from the County's outside legal counsel, Becker & Poliakoff, P.A., question the constitutionality of the ACT, including unconstitutional impairment of the County's cable television franchise agreements, Federal preemption, and unlawful delegation of authority; and WHEREAS, on October 24, 2000, the Board of County Commissioners unanimously voiced its opposition to the ACT by authorizing the County Attorney to retain outside legal counsel to file a lawsuit in Federal Court to challenge the ACT. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners of Collier County, Florida believes that Florida's Communications Services Tax Simplification Act (ACT) does not promote the best interests of Collier County, nor the best interests of customers of telecommunications companies, and is otherwise not in the public interest, wherefore the Board opposes the ACT and opposes all future amendments to the ACT Session except amendments that will recognize, and be subject to, all provisions in each of the County's existing cable television franchise agreements, will authorize all Florida cities and counties to continue to enter into future cable television franchise agreements, and will grant to cities and counties their former authority with regard to public rights- of -Nvay. 2. The Board of County Commissioners of Collier County, Florida, requests that its Local Legislative Delegation advocate that the ACT be amended to accomplish the results specified in paragraph 2, above, or, in the alternative, advocate that the ACT become a nullity by inaction of the Legislature. THIS RESOLUTION ADOPTED after motion, second and majority vote in favor of adoption this day of , 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA M Deputy Clerk Approved as to form and legal sufficienc Thomas C. Palmer Assistant County Attorney M. JAMES D. CARTER, Ph.D., CHAIRMAN AGENDA ITEM NOV 14 2000 EXECUTIVE SUMMARY AUTHORIZATION TO AWARD BID # 00- 3162 "CONSULTANT SERVICES FOR CONSOLIDATED PLAN," A COMPREHENSIVE DOCUMENT DETAILING A THREE TO FIVE -YEAR STRATEGIC PLAN ENCOMPASSING COMMUNITY DEVELOPMENT AND HOUSING ASSISTANCE GOALS TO BE ADDRESSED THROUGH HUD'S ANNUAL CDBG GRANTS OF APPROXIMATELY $1.938 MILLION, TO BE SUBMITTED TO HUD AS PART OF THE APPLICATION PROCESS FOR URBAN COUNTY STATUS. OBJECTIVE: To recommend to the Board of County Commissioners, for their consideration and approval, the award of RFP # 00 -3162 "Consultant Services for Consolidated Plan" and to authorize staff to negotiate a contract with Florida Planning Group, Inc., a consulting service of Jacksonville, Florida, for the purpose of compiling information for the compilation of a Consolidated Plan to be submitted to HUD as part of the application process for Urban County status. CONSIDERATIONS: In 1998, Collier County successfully challenged the U.S. Bureau of Census and proved that its current population projection was above the HUD threshold of 200,000 to qualify for Urban County status. The Census, however, failed to notify HUD of the update and Collier County was not invited to apply for Urban County status for the purpose of being designated as a recipient of Entitlement Community Development Block Grant (CDBG) funds. On August 21, 2000, HUD notified us that we qualified for Urban County status, based on revised population figures. Part of that process is the submission of an application to HUD, as well as the preparation and submission of a substantial document called the Consolidated Plan, a three to -five year strategic plan encompassing community development and housing assistance goals to be addressed through HUD's annual CDBG grants of approximately $1.938 million. On September 26, 2000, the Board approved submission of an application to HUD for Urban County qualification for participation in the Community Development Block Grant (CDBG) program for fiscal years 2001 -2003 ( #2000 -339). A major component of this application is the Consolidated Plan, which normally takes approximately one year to prepare. Given the late notice from HUD, Collier County is out -of- cycle. This situation makes it necessary to hire a consultant who has experience preparing HUD - approved Consolidated Plans. The sooner we submit the Consolidated Plan to HUD, the sooner we start receiving the funding for FY 2001. A Scope of Services and RFP documents were completed and an advertisement for proposals was made on September 8, 2000. Proposals were due on October 6, 2000. Of the two proposals received by the submission deadline, one was found to be non - compliant. The selection committee met on October 10, 2000 and by consensus, decided to recommend that the Board of County Commissioners re- advertise "Consultant Services for Consolidated Plan" to obtain competitive proposals, in the best interests of the County (Board of County Commissioner's meeting on October 24, 2000, item (I 6A 10). AGEN A R M No. NOV 14 2WO Pg. I A re- advertisement for proposals was made on October 10, 2000. Three proposals were received by the due date and time on November 3, 2000 and the Selection Committee met on November 6, 2000 to review the proposals received and by consensus short- listed the firms as follows: 1. Florida Planning Group, Inc. 2. Community Redevelopment Associates of Florida 3. PBS & J (Post, Buckley, Schuh & Jernigan, Inc.) Negotiations will commence with the top - ranked firm and a contract will be presented to the firm for signature. GROWTH MANAGEMENT IMPACT: This is a step towards receiving Community Development Block Grant funds from HUD which can affect several policies and objectives of the Housing Element of the Growth Management Plan. FISCAL IMPACT: This contract will be funded from the General Fund - Other Contractural Services (Fund 001 - 138710). The total amount anticipated to be funded annually by HUD is $1.938 million. The total amount for the Consulting firm would be reimbursed from CDBG Administration funds when the notice of funding is received and that account is established with Finance. _ RECOMMENDATIONS: That the Board of County Commissioners award # 00 -3162 "Consultant Services for Consolidated Plan" to Florida Planning Group, Inc. and to authorize the Chairperson to sign a standard County Attorney approved contract for the compilation of information for the submission of the Consolidated Plan to HUD as part of the application process for Urban County status. No. NOV 14 2000 SUBMITTED BY: Susan E. Alden, MqAager Housing and Urban Improvement REVIEWED BY: Greg Mihalic, Director Housing and Urban Improv ent APPROVED BY: w, C404 Steven Y. Carrell, Director Date: 1 ° 1A (0 116 v Date: 1041-e'( p Date: 1 O0 Purchasing Departm nt APPROVED BY: Date: John M. Dunnuck III, nterim Administrator Community Develop Went & Environmental Services No. NOV 14 2000 r TABULATION FOR RFP # 00 -3162 "Re- Advertisement for Consultant Services for HUD Consolidated Plan" DATE OF RFP ADVERTISEMENT: 10 /10 /00 RFP DUE: 11/03/00 3:00 P.M. NO. OF INQUIRIES SENT: 193; VENDORS REQUESTED FULL PACKAGE: 14 I II I ITT I t l l l l l 1� 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 L1 1 1� 11 1.1.1 I I 1 1 1 1 1 1 1 1 1 1 Prnnncer City_ State T Original + 4 Conies Florida Planning Group, Inc. Jacksonville, FL 32256 X Yes No Community Redevelopment Yes No Associates of FL Pembroke Pines, FL X Yes ❑ No PBS & J Miami, FL X Yes ❑ No Yes 0 No Yes No ❑ Yes No Yes No Yes No Yes No �,,, �),c - A L � �. . Opene y Witness EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT TO APPROPRIATE FUNDS FOR LEGAL SERVICES RELATED TO THE GROWTH MANAGEMENT PLAN OBJECTIVE: To obtain Board approvel of a budget amendment to fund legal services related to the Growth Management Plan through the end of the fiscal year end. CONSIDERATION: The Board previously authorized the hiring of the law firm of Carlton Fields, et al, and in particular, the services of Nancy Linnan, Esq., and Martha Chumbler, Esq., to provide legal services to the County as follows: 1. to provide the County with legal advice in addressing the requirements of the Final Order (AC -99 -022) issued by the Administration commision, including the completion of the Rural Agricultural Area Assessment and development of comprehensive plan amendments to address the non - compliance issues identified in the Final Order; and 2. to act as legal counsel for the County in any legal proceedings regarding the challenges to the County's Growth Management Plan; and 3. to represent the County in dealings with the Florida Department of Community Affairs in matters concerning the Final Order and dealings with the Growth Management Plan amendments developed in response to the requirements of the Final Order. Legal services rendered to date and for fiscal year'01 are estimated to be $265,000. FISCAL IMPACT: Funds in the amount of $100,000 were budgeted in FY'01. An additional $165,000 needs to be budgeted and will come from (I 11) and will be transferred to Planning Services, MSTD General Fund (111). GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve a budget amendment of $165,000 to fund legal services related to the Growth Management Plan through September 30, 2001. SUBMITTED BY: Date: // V Robert J. Mulhere, AICP, Director Planning Services Department REVIEWED BY: Date: UL-710-Z-) David C. Weigel, Cou Attorney '*_ APPROVED BY: �.� ^� - -� Date: ( � -7 John M. Dunnuck, III, Interim Administrator Community Development and Environmental Services AG No, NOV 14 2000 EXECUTIVE SUMMARY FORWARD A LETTER TO THE CENSUS BUREAU REQUESTING A POST - CENSUS LOCAL REVIEW AND RE- OPENING OF FLORIDA'S CALL CENTER OBJECTIVE: To have the Board forward a letter to the Census Bureau requesting a post - census local review of the enumeration of Collier County's population and the re- opening of Florida's call center for a period of two weeks. CONSIDERATION: The Florida Association of Counties believes that despite State census mail back response rates that exceeded the target rates, there may be a significant undercount of the population across the state of Florida. This will ultimately impact the federal dollars Collier County receives. Through the efforts- of Sunshine Count 2000 and local complete count committees, several problems were identified with the way the Census Bureau conducted its activities which are believed to have created enumeration inaccuracies. Among the issues addressed were: • no census questionnaires mailed to residential or rural boxes; • discrepancies in the homeless counts (especially in Charlotte and Miami -Dade Counties); • lack of census questionnaires in the Creole language; • fraud within the Hialeah local census office; and ''��, • accusations that census workers intentionally neglected Sunshine Count data. As a result of these concerns, the Chair of the State's Complete Count Committee and the Florida Census Director (Sunshine Count 2000) support and have proposed that Post - Census Local Review be utilized as a tool. Post - census local review allows Florida's cities and counties to dispute Census numbers prior to them being officially released. In the past, this procedure has also been utilized but that option, to date, has not been made available to states for Census 2000. In addition, Sunshine Count 2000 would like to re -open Florida's call center for two weeks to capture anyone who has not been counted. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: Staff recommends that the Board forward a letter to the Census Bureau requesting a post census local review of the enumeration of Collier County's population and the re- opening of Florida's call center. PREPARED BY: (� %� �c2,C f_ LL /C�u'� _ Date: Constance A. hnson, Administrative Assistant Community 13evelopment and Environmental Services f^� APPROVED BY: _ _J,C�I�t S� Date: fl -ltb A� Yohn M. Dunnuck, Interim Administrator No. Community Development and Environmental Services Division NOV 14 2000 i n o FLORIDA • o�� P.O. Box 549 /Tallahassee, Florida 32302 ASSOCIATION'. Phone: tbsltes www.fl-counties.com FAX: 8501488 -7501 Of COUNTIES Mayo' MEMOR AND UM via email TO: All County Managers FROM: Mary Kay Carieso, Executive Director DATE: November 6, 2000 RE: Census Results Preliminary census results show that there is good news and bad news for Florida. The good news is that the final mail back response rates exceeded the target rates, in most counties. However, the bad news is that Florida may not have received an accurate count. In fact, it is believed that there may be a significant undercount across the state; this will ultimately impact the federal dollars Florida counties receive. Through the efforts of Sunshine Count 2000 and local complete count committees, several problems were identified with the way the Census Bureau conducted its activities which are believed to have created enumeration inaccuracies. In a recent letter to Dr. Kenneth Prewitt, Director of the U.S. Census Bureau, Sunshine Count 2000 specifically identified a dozen issues of concern. Among the issues addressed were: • no census questionnaires mailed to residential or rural boxes; • discrepancies in the homeless counts (especially in Charlotte and Miami - Dade Counties); • lack of census questionnaires in the Creole language; • fraud within the Hialeah local census office; and • accusations that census workers intentionally neglected Sunshine Count data. As a result of these concerns, Broward County Commissioner Ilene Lieberman, Chair of the State's Complete Count Committee, and Scott McPherson, Florida Census Director (Sunshine Count 2000), support and have proposed that Post - Census Local Review be utilized as a tool. In essence, post- census local review allows Florida's cities and counties to dispute Census numbers prior to them being officially released. In the past, this procedure has also been utilized. Unfortunately, that option, to date, has not been -- made available to states for Census 2000. In addition, Sunshine Count 2000 would like to re -open Florida's call center for two weeks to capture anyone who has counted. NAoGE —[(E NOV 14 2000 M IN November 6, 2000 RE: Census Results Page 2 To ensure that Florida's voice is heard and that these suggestions are seriously considered, Sunshine Count 2000 is asking for help from local governments. Attached is a sample letter that we would like for your county to send Dr. Kenneth Prewitt with a copy to your congressional delegation. This letter can be used verbatim, or you are welcome to customize it. Please contact Leigh Root or myself at the Association office at 850/922 -4300 if you have any questions regarding this memo or census activities in general. MKC /lbr Attachment Sample Letter November 6, 2000 Dr. Kenneth Prewitt, Director Bureau of the Census 4700 Silver Hill Road Building 3, Room 2049 Suitland, Maryland 20746 Dear Dr. Prewitt: It has recently been brought to my attention that there are likely to be inaccuracies in the enumeration of Florida's population. I know I need not express to you how important full and accurate enumeration is for our community, especially since the population figures that your organization will release will be with us for the next decade. This Board of County Commissioners is writing you this letter to make two requests. First, although the window of opportunity is limited since census figures must be to the President by January 1, 2001, our county would like the opportunity for post- census local review. It is my understanding that this tool has been utilized in the past but is not available for Census 2000. This is unfortunate, but something I believe can and should be rectified. Second, our Board would like to see Florida's call center re- opened for a period of two weeks with a guarantee from the Bureau that anyone who calls in will be enumerated. This could be especially beneficial considering that Florida's toll -free number was extremely successful in the earlier stages even though it was only operational for a short period of time (June 20th to the middle of July). Offering one "last- chance" for Florida residents is critically important especially in light of some of the mishaps that occurred in our state (i.e. discrepancies in homeless counts and fraud within some of the local census offices). would appreciate your serious consideration of these requests and look forward to your response. Sincerely, Commissioner cc: Congressional Delegation Sunshine Count 2000 (501 s. Calhoun St., Carlton Bldg. — Ste. 327, Tallahassee, 32399 -0001) Florida Association of Counties EXECUTIVE SUMMARY REQUEST TO APPROVE AN ENCROACHMENT AGREEMENT WITH WCI COMMUNITIES, INC. FOR STRUCTURES WITHIN A PELICAN BAY IMPROVEMENT DISTRICT DRAINAGE EASEMENT, (NOW A COLLIER COUNTY DRAINAGE EASEMENT) OBJECTIVE• To approve an Encroachment Agreement for certain structures which are being constructed within a Pelican Bay Improvement Drainage Easement, have the Chairman execute the agreement, and to have the agreement recorded in the Public Records of Collier County, Florida. CONSIDERATIONS• Collier County is the successor in interest to the Pelican Bay Improvement District. WCI Communities, as the owner of Trieste at Bay Colony (a condominium) , have constructed improvements over a portion of a ,/'-`�rainage easement which was originally dedicated to the Pelican Bay mprovement District. The specific improvements consist of portions of structural piers, a cantilevered deck, utility lines and a walkway. The owners agree to maintain the easement area. Engineering Review Section and the County Attorney's office have reviewed the document and find it to be sufficient. FISCAL IMPACT• There is no fiscal impact to the County, the owner will pay the necessary recording fees. GROWTH MANAGEMENT IMPACT: There is no growth management impact AGENDA ITEM No.�L� Spa►?. NOV 14 2000 Executive Summary Trieste Encroachment Agreement /,'- Dage 2 RECOMMENDATION• That the Board of County Commissioners approve the Encroachment Agreement with the following stipulations: 1. Authorize the Chairman to execute the Encroachment Agreement. 2. That the applicant shall be responsible for the necessary recording fees. 3. Authorize the Clerk to record the agreement in the Public Records. PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Hop, Thomas E. Kuck, P.E. Engineering Review Manager Robert Mulhere, AICP Planning Services Director J n M. Dunnuck III, Acting Administrator C munity Dev. and Environmental Svcs. 0 Date 11-C6 -m Date /4/- <� -&-t-' Date 11-f-00 Date N*,-Zd&)'A1? NOV 14 2000 ft. 0Z PR L0i COLLIER CO LINTY LOCATION MAP NOV 14 2000 p __j .^ ENCROACHMENT AGREEMENT / THIS ENCROACHMENT AGREEMENT (this "Agreement ") is made. and entered into as of the day of November, 2000 by and between (i) WCI COMMUNITIES, INC., a Delaware corporation, having a mailing address located at 24301 Walden Center Drive, Bonita Springs, Florida 34134 ( "WCI "), and (ii) COLLIER COUNTY BOARD OF COMMISSIONERS, a political subdivision of the State of Florida, having a mailing address located at 3301 Tamiami Trail East, Naples, Florida 341 12 -4902 (the "County "). RECITALS: A. Pursuant to Collier County Board of Commissioners' Resolutions 91 -216 and 91 -217, adopted in accordance with the provisions of Florida Statutes § 189.4043 and Florida Laws §74 -462, the County is the successor to Pelican Bay Improvement District, a special taxing district organized and existing under the laws of the State of Florida (the "District ") B. Pursuant to that certain Grant of Easement recorded in O.R. Book 1236, page 1726, in the Public Records of Collier County, Florida (the "Easement Agreement "), the County, as successor to the District, is the record owner of certain non - exclusive easement rights (collectively, the "Easements ") within and upon that certain parcel of real property located in Collier County, Florida, as more particularly described in the Easement Agreement and on Exhibit "A" attached hereto and incorporated herein by this reference (the "Easement Area "). C. The Easement Area is managed on behalf of the County by the District. D. WCI is the record owner of the fee simple interest in and to that certain parcel of real property described on Exhibit "B" attached hereto and incorporated herein by this reference (the "WCI Property "), which WCI Property is burdened by the Easements. E. WCI is currently developing and constructing the Trieste at Bay Colony, a Condominium (the "Condominium "), on the WCI Property, including, but not limited to, those portions of the WCI Property comprised of the Easement Areas, all in accordance with that certain final site development plan designated by the County as "SDP- 00 -78" and as approved by the County's Engineering Review Section of the County's Community Development and Environmental Services Division by letter dated August 4, 2000 executed by Thomas E. Kuck, P.E., Engineering Review Manager (the "Approved Plan "). F. Certain improvements comprising portions of the Condominium (as the Condominium is to be developed and constructed in accordance with the Approved Plan) encroach onto the Easement Area (collectively, the "Encroachments "). G. The parties to this Agreement have reached certain understandings with regard to the Encroachments and now desire to set forth their understandings in writing for recordation. NOW, THEREFORE, for and in consideration of the Recitals, the sum of TEN and No /100 DOLLARS ($10.00), cash in hand paid by WCI to the County, and for other good and valuable consideration the receipt and sufficiency of which are hereby expressly acknowledged, the parties hereto agree as follows: 1. Acknowledeement of Encroachments. WCI hereby acknowledges that the improvements comprising the Encroachments (as the Condominium is to be developed and constructed in accordance with the Approved Plan), encroach onto the Easement Area. 2. Consent to the Encroachments. The County hereby expressly consents to the location of the Encroachments and agrees that the Encroachments may remain in place on the Easement Area so long as the improvements comprising the Condominium and/or the Trieste at Bay Colony Condominium Association, Inc., a Florida not - for - profit corporation, its successors and/or assigns, shall exist. NOV 14 2000 Pg•--,,/-- 3. Unobstructed Access and Use by County. WCI agrees that, notwithstanding the presence of the Encroachments, the County shall have the unobstructed right to operate, maintain, repair and/or replace, as applicable, the Easement Area and the improvements and infrastructure located within the Easement Area and that WCI will take no action on or with respect to the Easement Area which will unreasonably interfere with the County's use of the Easement Area for the purposes contemplated in the Easement Agreement. 4. Indemnification of County. WCI agrees, for itself and its successors and assigns, that WCI, its successors and assigns shall release, indemnify and hold the County harmless from and against any and all obligations, claims, liabilities, expenses and/or fees (including reasonable attorneys' fees and court costs), including personal injury or property damage arising out of the use of the Easement Area by WCI, its contractors, agents, employees or invitees, at any time while the Encroachments remain within the Easement Area. Further, WCI, for itself and its successors and assigns, agrees to release and hold the County harmless from and against any and all obligations, claims, liabilities, expenses and/or fees (including reasonable attorneys' fees and court costs), including personal injury or property damage arising out of the use of the Easement Area by the County, including, but not limited to, damage which may occur to the Encroachments during the normal operation, maintenance, repair and/or replacement, as applicable, of the Easement Area and/or the improvements and/or the infrastructure located within the Easement Area. 5. Binding Effect. This Agreement shall be binding upon the parties hereto, their respective heirs, successors and assigns forever. Governing Law. This Agreement shall be governed by the laws of the State of Florida. 7. Counterpart s. This Agreement may be executed in any number of counterparts, all of which takerr together shall constitute one and the same instrument and any other parties hereto may execute this Agreement by signing any such counterpart. IN WITNESS WHEREOF, the parties hereto have caused this Encroachment Agreement to be executed as of the day, month and year first above written. Signed, Sealed and P)ek Bred in the presence f: fitness #1 P ted Name of Witness #1 W}� ess #2 L1nn�St Printed Name of Witness #2 Witness #1 Printed Name of Witness #1 Witness #2 Printed Name of Witness #2 ATTEST: DWIGHT E. BROCK, CLERK By: Date: Approved as to form and legal sufficiency By:� WCI COMMUNITIES, INC. By. Title: Vice resident ( °WCI ") COLLIER COUNTY BOARD OF COMMISSIONERS By: Printed Name: Title: Chairperson ( "County„) NOV 14 2000 Pa•�_ STATE OF FLORIDA COUNTY OF LEE The foregoing Encroachment Agreement was acknowledged before me this day of November, 2000 by Ott (JiS P. � F' i Ci' c - . , as v \�t tkC ` ,, d C i 1 +-- of WCI COMMUNITIES, INC., a Delaware corporation, on behalf of the corporation, who is personally known to me or who produced as identification. My commission expires: �)J(t I c t-; Notary Public r "Wil" Mary S. Cook State of Florida i.Coaurtlssion Expires Mond 6, zoos Printed Name of Notary AUmric rW Co., tom. Notary Commission Number STATE OF FLORIDA COUNTY OF COLLIER The foregoing Encroachment Agreement was acknowledged before me this day of November, 2000 by , as of COLLIER COUNTY BOARD OF COMMISSIONERS, on behalf of the political subdivision of the State of Florida, who is personally known to me or who produced and as identification. My commission expires: Notary Public State of Florida Printed Name of Notary Notary Commission Number AGENDA ITEM No. )o1.7 NOV 14 2000 EXHIBIT "B" LEGAL DESCRIPTION OF WCI PROPERTY ALL THAT PART OF PARCEL "H" OF PELICAN BAY UNIT FIFTEEN ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 18, PAGES 5 THROUGH 13, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL "H" THENCE SOUTH 80 008'20" EAST ALONG THE SOUTHERLY RIGHT -OF -WAY OF VANDERBILT BEACH ROAD, A DISTANCE OF 396.79 FEET TO THE INTERSECTION WITH THE ARC OF A CURVE CONCAVE SOUTHEASTERLY WHOSE RADIUS POINT BEARS SOUTH 62 041'03" EAST, A DISTANCE OF 25.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17 027'17" HAVING AN ARC DISTANCE OF 7.62 FEET; THENCE SOUTH 9 °51'40" WEST, A DISTANCE OF 95.00 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 275.10 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28 °41'10" HAVING AN ARC DISTANCE OF 137.73 FEET; THENCE SOUTH 38 032'50" WEST, A DISTANCE OF 40.00 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 362.10 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 56007'16" HAVING AN ARC DISTANCE OF 354.67 FEET; THENCE SOUTH 17 °34'21" EAST, A DISTANCE OF 120.17 FEET; THENCE SOUTH 72 °25'39" WEST, A DISTANCE OF 62.50 FEET TO BAY COLONY DRIVE AND AN INTERSECTION WITH THE ARC OF A CURVE WHOSE RADIUS POINT BEARS SOUTH 44 017'09" WEST, A DISTANCE OF 402.00 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL, ANGLE OF 23 048'42" AN ARC DISTANCE OF 167.07 FEET; THENCE NORTH 20 028'30" EAST A DISTANCE OF 22.58 FEET; THENCE SOUTH 65013'14" EAST A DISTANCE OF 1.69 FEET TO AN INTERSECTION WITH THE ARC OF A CIRCULAR CURVE CONCAVE WESTERLY WHOSE RADIUS POINT BEARS NORTH {\ 65 009'39" WEST A DISTANCE OF 71.04 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 56 009'20" AN ARC DISTANCE OF 69.62 FEET TO AN INTERSECTION WITH THE ARC OF A CIRCULAR CURVE CONCAVE NORTHERLY WHOSE RADIUS POINT BEARS NORTH 26 000'24" WEST A DISTANCE OF 150.67 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 5 035'35" AN ARC DISTANCE OF 14.71 FEET; THENCE NORTH 71 °18'28" WEST A DISTANCE OF 46.63 FEET TO THE BEGINNING OF A CIRCULAR CURVE CONCAVE NORTHEASTERLY WHOSE RADIUS POINT BEARS NORTH 17 031'41" EAST A DISTANCE OF 100.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 66058'13" AN ARC DISTANCE OF 116.89 FEET; THENCE NORTH 32035'10" WEST A DISTANCE OF 2.75 FEET TO A PBID DRAINAGE EASEMENT; THENCE NORTH 57 024'50" EAST ALONG SAID EASEMENT A DISTANCE OF 26.41 FEET; THENCE NORTH 33027'18" EAST A DISTANCE OF 58.80 FEET; THENCE NORTH 26 048'36" EAST A DISTANCE OF 108.22 FEET; THENCE NORTH 74 016'39" WEST A DISTANCE OF 109.09 FEET TO THE PARCEL "H" BOUNDARY; THENCE NORTH 9 °51'40" EAST ALONG SAID PARCEL "H" A DISTANCE OF 331.31 FEET TO THE POINT OF BEGINNING. CONTAINING 4.71 ACRES OF LAND MORE OR LESS. AGENDA ITEM No. zX(& W NOV 14 2000 Pg. 7 WILSON. MILL '6N.'SOLL 16 PEEK, INC ~ � !.' t�191 feet to 'a point on the cat At -of a' 848 1073v" 290 444- 11141 tount Recordso 'Collier 090-S11-400 West thence continue along ss1V*&itotVYKUh4 a. 38.00 feet to the POINT 'hereL thence North 09 thence South 74 16 -35 -�Zatt QV tots".: thence South thence South thence South 57 24'"50"Voll thence North 77 thence North thence North 46: thente North 24 �-190 of Beginning of 'Ln desciib n& parcel btile e-di containing 1.46 acres of land more, cit'liess i.'-- ya V., %Q%atv*11r F.L.S. r19341 Refa 3L-193 (LStkd lake-21 Datel October 7. 1986 px,c I *t a ' ` a °----------- ' - ---~~- - ��~ N �y��'�%-��n� � /�wv T. �uww Now: 1r, v ` WILSON' MILLER;,tA I,:WIr BOLL a �FYYFL7i'L w� -�� - 11tiY avc w • �1 I lr.•11i� i111� • d tiCti� r NMI k�lrt� (be. � b si''Land ss describe lea ,iCoitt►ty pub lle Recoc! 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W ��R.?i�ajlV'VYZ �fiRiti ,� �{ rF {•mot k ?:�x eo" ;Onto' »1P; oes - .safe soartA;r�At= ot-.ay �liAe ior.'M. i.Rl = feet; S '.511804 :,W 'TW 48516 feet to the point 'of be Owft of the I;ii; a 6watmd Ur4 the" 5 IT -2n7` M for 223.38 leet;' hen e s 10 3ror E_ for 184.53 feet; umm e S 88'!0'10' W for 38.74 feet; thils N 6i sns ".w for 49:11 feet; tl�eoee s 4r49'2V W for 18.15' feet; thence N 83'02'0 ^' K for;2.96 feet: thence N lr=10" E for 36,04 feet, thanes N IrMP0=" W far 185.16 feet; thence N 1T'2e'0"' E for 180.93 feet; thence S 82'31126" E for 14.93 feet: thence N 2:°00'01" E for'1 17 feet to the point of beSianirg 22 NOV 83 304- 026.60 NM 3 Novi 14 2000 Pg. �a DOC - L "IlkIn WWI CZw WKV 25 Fast, A porpon er Camty. F1 wtv C* of Section 33, Towr&dp the SMIt heM for UM2 fete to 4r podotf� tL�d�e�lSe�deserYO�d•Parcd plat thence S rt; -W 88'34,3r W for 104.02 20 "3 eet; t1terwee uw=e,!. 14 for 191.60 feet: 4r. W for f A 7 ltet-,,theniie� 7"" rr I 34r 'r for N 00' 51'08" W .for 43.13 feet. theme N 52005-56' E, for 135.=2 feet; thence .S '00irszo E. for 187.97 feet; theme N 79'06'28" I: for OL06 feet; ther S-73`0r0T%.E.-., f6i.- 96.71'...fee# thence N4:*4r2S'E for 19.15 feel: thence s Gr5ran z for 7s.55 feet;'thenee 5 Waro?' X for 109.1.7 feet; thence S IS" I0r50` E for 205.71 •feet to the point of befinnft. RV 22 NOV a 304-026-66 Co CM C) M NOV ,1 4 2000 001236 113 OR DDOX FBM,DRAW.Aal BID I m v 91% 4 -SHALT NO '2 4s'Sm0%, --Rmiqs 25 tax% Ca111ir Clollistyi 11 P Dw 'moutheut one - quarter of Sit: 31% 31% CE t I" F east -.0U.Uw CIBM 5 W,M9" E. 4dang tbt fet e to an* lnlrswcKian 'p iiartft.= "t-of- way line of S.R. No. S-862 (van6atat sis�h f kY ow t-of-way Ute for 1527-4 fetU roo njorg m ''.AS W51'4V-W.for'855-1 r- Itet to point of begbw&g of heWp deseribed pamd Or-, theiiie S 5e 4r594 E for 270-60 feed thertee, S 52005156" W for 61.55 feet; W S 8 MOVE for 64.47 feet; thence 170075 .25 feet; thence ..for 2". eg for 49 feet to th JOLM of b imOIC• I.x NOV 14 2000 0c 1236' soli; IN 8 WX 4-- LANZ NO. i if Coin -A I CE mf u�* -A w (11W V.. or 0 said scuumity S W, 51'40"' W tae S19.S9 feet to Uw Point of S7r4rS2"E for 127.20 feet; thence 5 25! 0":E for. gs'.60'.1 f feet; S 17' 04W* E fm 94-IM AMU thence S 2r 5319" E or-14DAY-1. thwwc4.$,;r.- 70A `44.80 leet'.- thence 89"ISIDII W for 314-17 feet; thenee,:N 69*57"le.-Wrillii. 5 for - I . , felt: lhenie N 3r45'440 W for 141.45 feet: thence N 47-1.2-37"W:fi* TO.S."t eitvt K Tj!2rSj!,,W..fcr 59.79 feet;- thence N W311527L.for.7549 feet; tuhmenmee i S. '33'Q5 far o"' 2 f**t; the=* N 41 15"6$0 E for r-, 117-59 f**t; fi4i- to the point beginnLng ft 44 REV.22 NOV 83 ..... . z 7 Not. A NOV 14 2000 0 �l A, K of rwctl�m 33 . , irwwralkU a.'s" 4e,.- .00-1236- A CONYMCE'at Amparth"" eK "W eg 44 ScutNi', R&nP,, 2 AMU em un �� thic illialliliviat rijr gL 1106 onr w "81mg Said iw" 67 W51140m W for si 6 fret to the pcitat Umr" S le3vir w for 62.s3 fii N Worw W hilu'A 4imft eet;� -P a N 4e4rllp W for'GL?4 feet; thenee fw 464.93 feet to ILM JAWt Of btfilkliM.. 22 NOV 83 30"26-60 tv 7 7 AGQ#DA ITEM NO., NOV 14 2000 7!1 ti W 34 :kl 2 IV" ...... ..... Co"MS9.*, mvmm' tic., . it �td'�oa�tor aQt.,. � H�,, 17, Do 11490 fQU T lend ; thence` thence` s leArt" Z, ffw S 51' 11'1!' w iett: j6i�. -3r Sn fm� UA2 thence for 105.32 feet; f 43. 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" thence S35059*110E fa': 42.16 4c*tj'Ahin6i'1As's 0 S 46*42*111!,E40r,66.91.f9e4 s misw_4 thence -N 67-1 sw w t*.A6.54 teeti, irpr5i tar 119.36 teR for 71.6 Z. p f jtU;. theme :: JOr`400-11' feet... * Kv,*e4�.A_111 . . . . . . . . . . thence f0? 168-51 N6ru5,:rE tar 6.354tet; timme, S 71"391140 E, for "'26.13 `.feet, to mthe_ At, a beciwkir4s y., !q j REV 22 NOV 83: 30"26.60 5" r ItFV - " XA'_B1 I 7 N 0. NOV 14 2000 I . It1+ t �t i ti 'ay ' +[ f j Tt11F!1 ��qa.�t� t ��' ��a�ati �r!'�`�t�� . , � "f -f' • � t+- +ya��''I�dO�r rat a � � vSS+ i �••�, �.na4 •�,ai �� t �H.4I.Y 11� l'fa •h � ,,,,tt, 5 ?1` �t�� "�` .r•t:.p'�( y t.,-y.id •� •, ,n'at`"'h � 7 _,' !�`{ r ,�f•' ; t � ��`��"L i` y _i�T. •11 / �1',�1 ��tl• tg i��'�]] ii'q�1:� t._ Y r ' +N =mLa��rY �` 7.� :��j 4 r � tits• � !� C+ � p, y � t �� °i 5�k�i `� ,'%++ �y%a'�` ,.. a t i.- �.�`.�t `+�r 7t` i/al,^ "�jl,�yY� _ � 'f<•' ! !�t- ��r�,lya� ��i.. iy� { � � - l.:j n c F &R0e0M wjivw; gay,:�7rf f tliesieN' , Yrt- of =way lirec�y.35 tee's:tt�ei�+�e 5 w's1i 4>rtOr,teet to`tlie`pdn�� Ot.an: durriba0. plaTCtlikodtK k larl*` Al cf C4 5:11 2'00', E 'tor EO.T. f eetf. •thence t WN'4r , liio r 3 �Z0 iett;: S thwi4 N_A2'';irir W.$cr 69.48.tee�, tlMe Wle N TT'S4'Ot`F for 332.45 pert; tbeiie+t f; 6C 44`4r E 6o 429Z3 lief to the'polnt yoi 64irimm 22 NOV 63;'-' :. + t f :. 'F t r-t n ' �'4'; -t� i .+ - '�� `'• 4 I��S J � i , � r �. ��• , ¢''sr`µ r , ;•;� r��" ,t?g 304-026.40 Nm NOV 1 4 2000 01-CIF N UMP - lN r, or-ino" Z.. I MOP* ee W for 192.97 f Ut6b'fii� ^then `S8eWl*ft. 20' r� :feet SA 4. W-i�-; 49.63 r ettl thavee 0303111 ME fvr,,tt2.54.fQ4.-v;ihine*';N uoqrpgq*� for 150 00 .P wvrlqAJ?I03m'v ir fetulhenee"', ,r 4MK AW' Was; ett; 1 .6 lo '4.3*11 V49" W foil crA9.55j**U tN�'X W V r-AW I e-,53.49.fftu: u"roMpi cil thence S W4112r.l..'6r '36-9.54leet to the point of 2116RI-1. I -,:,. Ni (t jf, IM-22'NOV 83" Al' iAoli PAGE 1 of AGENDA "W No. NOV 14 2000 Pg. --4Z-=- Arl AA .41 N - )0.1 236 01-CIF N UMP - lN r, or-ino" Z.. I MOP* ee W for 192.97 f Ut6b'fii� ^then `S8eWl*ft. 20' r� :feet SA 4. W-i�-; 49.63 r ettl thavee 0303111 ME fvr,,tt2.54.fQ4.-v;ihine*';N uoqrpgq*� for 150 00 .P wvrlqAJ?I03m'v ir fetulhenee"', ,r 4MK AW' Was; ett; 1 .6 lo '4.3*11 V49" W foil crA9.55j**U tN�'X W V r-AW I e-,53.49.fftu: u"roMpi cil thence S W4112r.l..'6r '36-9.54leet to the point of 2116RI-1. I -,:,. Ni (t jf, IM-22'NOV 83" Al' iAoli PAGE 1 of AGENDA "W No. NOV 14 2000 Pg. --4Z-=- curve tofsa r' �' ; 'L�►' net'"5 0.1`�5'S{ #{32 feats thenee;523410'�Q" E ;for' 23.77 fett�. '''� , ,,to`19;~ eft;`thedee tort 'b9.55 -feet= '_hence; Qr�,9bwl41 t; 8 8' �'a1" E, Lor;lQ.Z�Yeett thence 5 0_'39':5'! E fa „ 30T37;1Z! o; 14 3;feett`thaice =SO491V2rX for 66.14 iertl, »., tKer►e4rf�5.. 19` 1f {: `focS;ta3 <eet"tlrence for I1.Zl feet; = 'thence, N �9r30.08 feet;thendt*3 X3•18'0_1 for 19.21`r S !7'44'24" E for, ri ' q '�0.62�N'�th S �7` 1.3',58" tor4l9,Ii3 {feet] thence`iS`51`!6'Z3 E for 16.28 feet='. �;`4t.l0 eat tihenee� °'S /' 18�i 8 ":;E '.toe: 41.49 'feet thence` '� • thenc'!. ,.3110a`� roc{_jlyl 42;,teet; IMF,- . Wthence 50'43'31" for 37.70 feet; �,, tfeet�yr,,Ihence 'S 19' 1228" W : toi 43.57 feet.' thenct rr p "S 81 .01 i6 0.00 feet feett theMe S 01033435" -1A for 27.46 feett:thenee S 11 V53" E :for 15.6 ce, 'S 43" 12118" E for 26.63 feet; thence s 55'02'.58" E for 36.07 facts `� ~thence'�3e�ti0S "E: for 3 ,5.23 ;teett thenea`.:S.11'i ?'29 "E for 20.07 feet; thence 65'11'3, * Eloe''34'.67 feet; thence S 67:5'22" E for 36.36 feet thence S 45.32'07" W for " ?t ;2'.23.41 fee /te thence S SZ 57'17 E for 41.92 feet: 'thence S 05.48 59 A for 39.29 .teett. :;= thanes S ve 11'59". £ for 1B,eZ :feet; thence S 36' 17'32" E'* for 78.37 feet; thence ' E ,Tor 182.70 feet: thence`S 13'24111" M for 25.00 feet; thence S 9 t 11102" W for 1p1.69'�teet ;' thence LS 63 10141" W for 80.99 feet; thence S 66.31134" H for 111.61 fee;; thence 5'54'43103" W for 6.33 feet to an intersectica with the arc of a circular curve concave to the northeast, said point bearing S 50° 51.'1?" W from the radius point of said eurve; thence northwesterly along the are of said curve having for Its elements a radius of 590.00 feet. &.id 'a central tingle of 21'34122* for "22.15 feet to the point of tangency; thence N`W34'21" W for 603.49 feet to the point of beginning. Said parcel of land situate, Iying and being in Collier County, Florida, containing 14.33 acres, a IYFU 3 APR 85 304- 048.70 6 �5 NOV 14 2000 .. �h ELI. A =,N ON= 1�7 .71 sum,.'. cut we for' I "g. r Into �W- 4 4 4 to io JA) t 1.. 1011 Uving for lti.id lyr�.A.'U.Arly and siwthoiiterw j the' am 0 then", e of 23.4i4rj�r .150-59 feet to; the Polttt „ t ot town int beettoit WAG"a PO i5 t 13 -:Nth' ji4jAwest, said O&M bkiftl 7r.2513 vue Zir 66rthwcsWIy'.`&lc said ctrve :ha Q ol 03139R for 126.67 ieet`tohe lw situate, 11P and being In CoMer . . . . . . . . . . Ap A _7? W A 1�.y,4 1 ky. f ., 1�f i+ l�..r a �1 Y 'Yh .,.:'�'d1 ik. �'s y},'Xf -�i�-s , f.\ \ ..'�__ i?fe } s.�'�Js -'SA' ' -� K fK.� yt. :. y i l A T!" ir— ZZMRA rTru Ex!::E,-T OA" ;A 3 E cf I NM /Z (A&Z NOV 14 2000 pg._2_� i a"'itl ne ot tt+at`eUee r HRncords �df �Co11er � Co{76 of the Pub t ` . s� r of'sild parcel ot:Iand'!or s .,..• g aastetly tad south+°ri ;li�� " �S.oO .feet U tAen�e S��a' for 1 i tour;, ct�,yrourscq ;(1herce r feet xo:'an tntieseatioa +11th oo° R;s�, p�si�ow �vaoRass.ee, v `�'t/�� soiitheast;d, Folnt De�uir�'N 14 ' S6'00', Xe. t� westerl along the am of iaJd curve',►ayl ,po1,►t ot"salo +e :�i� t�4nee so~+t!► Y ;_;elesncntaA %radlu� of t•0.o0 feet and'a central et+�ie oi.�6'{2'2l° tor,Z6at9�iee ` the aro of ald curve hivinglto�sts,°�elemet�� ;r Y ooe�tlnue tiatfAirreteelY.;�1on�. . } t t a•`o tral} a oirSit {T34 , aor 171.16 tree < Q P#� •` 3 S ~�DO� ee Curve rave te�.Me oorthr;est; ihenee'southyestecly .. y twi'vlreuiat :TIS.00 teet'and a °elAtrMl -# 1„ ts a radius of fd �e�ayt haviri for. - elemen F t 3' 3 T�,!a` o e.f�tolr p w{6T'.aouthr+ n�f t`►e:heceldti ant. of nrtg o rs b t 13 feet toeithe ae of s+ideune Wing edle,.met+#tt1' ; ;;'�`' � r + �tni:_ engfeoi�0� '1T50",'`tor:.l6.et.teeti tl+ence ,� `` t �S,oQ teft andxa� .6'39"j9• w ; tN or1. =622 7 656 qtoe �121.14 teet;'the . - A5ifeett Umno..", �1T:91' fe:t: thence' and �� •� CoUter r�ou++ty; p�(nNng. �e10 parcel of :land : dtveteA lying if.13 jcres� more or less. Fy •,J(. �iita µ� M \ 5 r L .. r J, ` •r.. ^t n f .. .! {7 t 4s:F L Zc ..... L,. ` 7 Wy Sr �r'\�li: ~ .f ~1�1.N�`'i.'T '1�r#•!'i r';_F.. 7 REV 30 May 85 304-048.70 1Ct. ld1 .: . - , NOV 14 2000 �;c 13 ._ liA rte to '� . , "c t '•' �. i, �e �! a"'itl ne ot tt+at`eUee r HRncords �df �Co11er � Co{76 of the Pub t ` . s� r of'sild parcel ot:Iand'!or s .,..• g aastetly tad south+°ri ;li�� " �S.oO .feet U tAen�e S��a' for 1 i tour;, ct�,yrourscq ;(1herce r feet xo:'an tntieseatioa +11th oo° R;s�, p�si�ow �vaoRass.ee, v `�'t/�� soiitheast;d, Folnt De�uir�'N 14 ' S6'00', Xe. t� westerl along the am of iaJd curve',►ayl ,po1,►t ot"salo +e :�i� t�4nee so~+t!► Y ;_;elesncntaA %radlu� of t•0.o0 feet and'a central et+�ie oi.�6'{2'2l° tor,Z6at9�iee ` the aro of ald curve hivinglto�sts,°�elemet�� ;r Y ooe�tlnue tiatfAirreteelY.;�1on�. . } t t a•`o tral} a oirSit {T34 , aor 171.16 tree < Q P#� •` 3 S ~�DO� ee Curve rave te�.Me oorthr;est; ihenee'southyestecly .. y twi'vlreuiat :TIS.00 teet'and a °elAtrMl -# 1„ ts a radius of fd �e�ayt haviri for. - elemen F t 3' 3 T�,!a` o e.f�tolr p w{6T'.aouthr+ n�f t`►e:heceldti ant. of nrtg o rs b t 13 feet toeithe ae of s+ideune Wing edle,.met+#tt1' ; ;;'�`' � r + �tni:_ engfeoi�0� '1T50",'`tor:.l6.et.teeti tl+ence ,� `` t �S,oQ teft andxa� .6'39"j9• w ; tN or1. =622 7 656 qtoe �121.14 teet;'the . - A5ifeett Umno..", �1T:91' fe:t: thence' and �� •� CoUter r�ou++ty; p�(nNng. �e10 parcel of :land : dtveteA lying if.13 jcres� more or less. Fy •,J(. �iita µ� M \ 5 r L .. r J, ` •r.. ^t n f .. .! {7 t 4s:F L Zc ..... L,. ` 7 Wy Sr �r'\�li: ~ .f ~1�1.N�`'i.'T '1�r#•!'i r';_F.. 7 REV 30 May 85 304-048.70 1Ct. ld1 .: . - , NOV 14 2000 �;c 13 ._ k I I!I 0WINJ "I -jii4',d6untyIiI': 9*1 S q. Iken, 11.1 mm" 4 o gY 41 4!- M "F� - WE AQENDA-4TW. .1- :,7 /jZlj 01.> 2 F NOV 14 - 2000 0� #F 5 Jr ". It D q-- A Par" # Florida, MOM pi+rticu2atl� described as' j co % OrIg thie iftlu�s intersection with the'awthttly a .0 -W 7�w then" N 80*03n0" it, 7 alone said an intersectlon.wit► tWeasterly Une'of-that'e* as 'R" Record Book 1073 at Pages 1444 thl�;,-1 474 �JOAhe -Pubtle', R er: Florida; thence al the easterly and soul"M r, y . , Unes of said., land folr1l, e following 45"Cribed five (5) courses; 0) thinie"S 09.! 3 1 40";W,:f4*',- 173.00 feet; (1), S 4000`00O E for 38.00 feet;'(3) then" 'S Or with the are of 4 circular curve concave ao ''.the`. toutlieesto said , point rig N 14056'00" W from the radius point of scild *urii; (4).then" southwesterly alorta the am of said curve having ,for its elements radius, of 430.00.1feit -wW a central 0 a 36.42'24" f or 296.29 'feet; (5) thence - ii *, 10P.08i(M'W-foi:'-543.0 :543.00 feet to :the ;point beginning of the herein described Oiu�ftl'o thence S •36430 W for 105.81 feet; , thence 'S 42'3415"ZI for 21.36, feet; thence S 12*3C'370 E foe 44.05 feet; thence S 0502VC2w-Z for 34.11-fii`14 thence S 03604151" W f 15-7. 9 feet; then" S 43*2r5l" E for. 4L5Gjt4tj`t6ik-*' ' t* lie 2310r W for $8.22: feet; thenee"7 thence S 26" 311120 E for 75.25 *;feet- theiee" 15396 36'13" W for 44.81 feet- S,O le 39'5 5" E for 36.90 feet; thence S 63- 03-4-97.1 -far',EL29 feet; thence S or-AA70 E 369.32 feet; then" S 09*41'17" E for 787.22. fiet;:therwee'S 22"13'54" E for-14AS feet-.' theme S 23* 52'28" E to? 102.61 feet; thence S 0849'I8" E for 300.20 feet; thence S 01016*25" E for 101.44 feet; then* S 01' 11'20" E for 75.29 feet; thence N 80001120,R W for 70.00 feet u a point on a meander tine running along the appro)dmate high point of a dune; thence northerly along said meander, line -for 2390 feet to an Intersection. with-,, the southerly line of the a!orementioned pam*1 of land described in 0.1L Book 1073 at Pages 1444 through 14741 thence S 80*081200 E along said southerly line to 125.00 feet to the point of beginning. Said p4m:1 of land situate, lying and being Collier County, Florida, containing 4.0 acres, more or less. 4 APP. 85 PAL NOV 14 2000. Pg. = EXECUTIVE SUMMARY AWARD CONSTRUCTION ENGINEERING INSPECTION SERVICES CONTRACT TO CONSUL -TECH ENGINEERING, INC. FOR THE WIDENING OF AIRPORT - PULLING ROAD. COLLIER COUNTY PROJECT NO. 62031, CIE NO. 55, RFP # 00- 3081 OBJECTIVE: To receive the Boards' approval for award of a construction engineering inspection services contract to Consul -Tech Engineering, Inc. for the widening of Airport- Pulling Road (from Pine Ridge Road CR 896 to Vanderbilt Beach Road CR 862). CONSIDERATIONS: On September 12, 2000, the Board approved Agenda Item No. (16) (B) (4) authorizing staff to begin contract negotiation with the top ranked firm (Consul -Tech Engineering, Inc.) to perform construction engineering inspection services for the Airport- Pulling Road six -lane improvement project. A Pre -bid conference is scheduled for October 18, 2000 and construction is to commence on April 30, 2001. Copy of the Professional Services Agreement, Scope of Services and Fees Schedule are attached. r�ISCAL IMPACT: Funds in the amount of $857,739.85 are available in the Road Construction Gas Tax Fund. Source of funds is Gas Taxes. GROWTH MANAGEMENT IMPACT: This project is consistent with the Capital Improvement Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners award a construction engineering inspection services contract to Consul -Tech Engineering, Inc. in the amount of $857,739.85 and authorize the Chairman of the Board to execute said contract. A�No. NOV 14 2000 pg. / -, J 5+ / SUBMITTED BY:—""/,., �✓ A. Nyankadau Korti, M.B.A, Project Manager Transportation Engineering & Construction Management Department REVIEWED BY: i �� 7f Gwen Butler, Interim Director Purcl� sing Department REVIEWED BY: �=- Richard J. Hellriegel, P.E., Sr Project Manager Transportation Engineering & Construction APPROVED BY: trator Date: /0! / Date: c L,' Date: y t� s Date: AG IDA TElyl NOV 14 2000 Pg. °2 AIRPORT — PULLING ROAD CONSTRUCTION EN NNEERING INSPECTION SERVICES. COLLIER COUNTY PROJECT NO. 62031 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of 00 , by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida and (hereinafter referred to as the "OWNER ") and Consul -Tech Engineering, Inc. a State of Florida corporation, authorized to do business in the State of Florida, whose business address is 3141 Commerce Parkway, Miramar, Florida 33025 (hereinafter referred to as the "CONSULTANT "). WITNESSETH: WHEREAS, the OWNER desires to obtain the professional Construction Engineering Inspection services of the CONSULTANT concerning certain design services for Airport — Pulling Road (Project No. 62031) (hereinafter referred to as the "Project "), said services being more fully described in Schedule A, "Scope of Services ", which is, attached hereto and incorporated herein; and and WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: -I- AGNA No. NOV 14 2000 pg. _6 �/ ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to OWNER professional Construction Engineering Inspection services in all phases of the Project to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation ", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to. do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and /or retain only qualified personnel to provide such services. 1.5. CONSULTANT agrees to employ and designate, in writing, within five (5) calendar days after receiving its Notice to Proceed, a qualified licensed professional to serve as the CONSULTANT's project manager (hereinafter referred to as the "Project Manager"). The Project Manager shall be authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be ., provided and performed under this Agreement. Within five (5) calendar days from the Notice to , Proceed issued by the OWNER to the CONSULTANT, the CONSULT -2- NOV 14 2000 I Pg �'/ OWNER a written statement, executed by the proper officers of the CONSULTANT, acknowledging that the Project Manager shall have full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT agrees that the Project Manager shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The person selected by the CONSULTANT to serve as the Project Manager shall be subject to the prior approval and acceptance of the OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from the OWNER, to promptly remove and replace the Project Manager, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, whom the OWNER shall request in writing to be removed, which request may be made by the OWNER with or without cause. 1.7. The CONSULTANT has represented to the OWNER that it has expertise in the type of professional services that will be required for the Project. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all published laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of the confli No ND�ITEM NOV 14 2000 1.8. CONSULTANT agrees not to divulge, furnish or make available to an third son, firm or Pg.. S' organization, without OWNER's prior written consent, or unless inc i en o Tne -3- performance of the CONSULTANT's obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non - public information concerning the service: to be rendered by CONSULTANT hereunder, and CONSULTANT shall require ail of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. 1.9. CONSULTANT agrees to certify all estimates of construction costs and Project completion dates prepared by the CONSULTANT. Said certifications shall be in a form approved by the OWNER. 1.10. Evaluations of the OWNER'S Project budget, preliminary estimates of construction cost and detailed estimates of construction cost prepared by the CONSULTANT represent the CONSULTANT'S best judgment as a design professional familiar with the construction industry. The CONSULTANT cannot and does not guarantee that bids or negotiated prices will not vary from any estimate of construction cost or evaluation prepared or agreed to by the CONSULTANT. Notwithstanding anything above to the contrary, CONSULTANT shall revise and modify Construction Documents and assist in the rebidding of the Work at no additional cost to OWNER, if all responsive and responsible bids exceed the estimates of construction costs prepared by CONSULTANT. 1.11. CONSULTANT shall not be responsible for means, methods, techniques, sequences or procedures of construction selected by contractors or the safety precautions and programs incident to the work of contractors. AG IDA TEyI No. // ARTICLE TWO I NOV 14 1000 ADDITIONAL SERVICES OF CONSULTANT P9. J -- If authorized in writing by OWNER, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. These services will be paid for by OWNER as -4- indicated in Article Five and Schedule B. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: 2.1. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER's schedule or character of construction; and revising previously accepted studies, reports, design documents or Contract Documents when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control. 2.3 Preparation and submission of information to and necessary consultations with the Collier County Transportation Department, Florida Department of Environmental Protection, Florida Department of Transportation, South Florida Water Management District, U.S. Army Corps of Engineers or other appropriate regulatory agencies, in order to obtain necessary permits or approvals for construction of the Project, unless such permits are expressly included in Basic Services to be performed by CONSULTANT hereunder as set forth in the Schedule A -Scope of Services. 2.4 Providing renderings or models for OWNER's use. 2.5. Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for li sing.- aseisling AG DA E OWNER in obtaining process licensing. No. ��JJ "s- NOV 14 2000 Pq. 2.6. Furnishing services of independent professional associates and consultants for other than the contract services to be provided by CONSULTANT hereunder. 2.7. Services during out -of -town travel required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office. 2.8. Assistance in connection with bid protests, rebidding or renegotiating contracts for construction, materials, equipment or services, except as otherwise provided for herein. 2.9. Providing any type of property surveys, aerial photography or related engineering services needed for the transfer of interests in real property and field surveys for design purposes and engineering surveys and staking to enable contractors to proceed with their work and providing — other special field surveys. 2.10. Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.11. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the Project- (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.12. Additional services rendered by CONSULTANTS in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in accordance with generally accepted Construction Engineering Inspection practice. ARTICLE THREE OWNER'S RESPONSIBILITIES -6- AG�ND TE No. NOV 14 14 2000 ;J Pg. -1--/ 3.1. The Owner shall designate in writing a project coordinator to act as OWNER's representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Coordinator"). The Project Coordinator shall have authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to CONSULTANT's services for the Project.. However, the Project Coordinator is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of services to be provided and performed by the CONSULTANT hereunder; (b) The time the CONSULTANT is obligated to commence and complete all such services; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. 32. The Project Coordinator shall: (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; (b) Provide all criteria and information requested by CONSULTANT as to OWNER's requirements for the. Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT's disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to design or construction of the Project AG ' DA TE No. NOV 14 2000 Pg. / (d) Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. 3.3. CONSULTANT acknowledges that access to the Project Site, to be arranged by OWNER for CONSULTANT, may be provided during times that are not the normal business hours of the CONSULTANT. 3.4. OWNER shall be responsible for the acquisition of all easements, property sites, rights -of -way, or other property rights required for the Project and for the costs thereof, including the costs of any required land surveys in connection with such acquisition. ARTICLE FOUR TIME 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the Project and shall be performed and completed in accordance with the Project Schedule attached hereto and made a part hereof as Schedule C. Time is of. the essence with respect to the performance of this Agreement. 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of God or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock -outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement of such delay, stating the cause or causes thereof, or be hay-0- AG DA waived any right which CONSULTANT may have had to request a time extensi 00 -8- NOV 14 2000 Pg. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT's services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT's sole remedy against OWNER will be the right to seek an extension of time to its schedule. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of the CONSULTANT, the services to be provided hereunder have not been completed with four hundred twenty five (425) Calendar days (subject to a start date corresponding with the selection of a construction contractor, the intent is to have the CEI consultant staff available approximately thirty-(3,O) days prior to the start of actual construction) of the date hereof, the. CONSULTANT's compensation shall be equitably adjusted, with respect to; those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT after expiration of said fourteen (14) month period. 4.4. Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely and reasonable manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule. ARTICLE FIVE COMPENSATION -9- G�f11Df A,�TE11� No. A f� - NOV 14 2000 Pg. F 5.1. Compensation and the manner of payment of such compensation by the OWNER for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of Compensation ", which is attached hereto and made a part hereof. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon completion or termination of this Agreement, all records, documents, tracings, plans, specifications, maps, evaluations, reports, computer assisted design or drafting disks and other technical data, other than working papers, prepared or developed by CONSULTANT under this Agreement shall be delivered to and become the property of OWNER. CONSULTANT, at its own expense, may retain copies for its files and internal use. OWNER agrees to indemnify and hold harmless CONSULTANT with respect to any claim, loss or damage, including attorneys fees incurred by CONSULTANT due to the OWNER's use of said records, documents, tracings, -- plans, specifications, maps, evaluations, reports, computer disks and other technical data on some other project unless such use is authorized by CONSULTANT. 6.2. With respect to and in consideration for the indemnification provided by OWNER in paragraphs 6.1. above, CONSULTANT agrees to pay to OWNER $10.00, the sufficiency and receipt of which is acknowledged through the signing of this Agreement. ARTICLE SEVEN - MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed, whichever is later. OWNER, or any duly authorized agents or representatives of OWNER, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this-Agreement and AC�ND ITEM - No. _lo_ NOV 14 2000 Pg. 61 during the five (5) year period noted above; provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. The CONSULTANT in consideration of $100.00, the sufficiency and receipt of which is acknowledged through the signing of this Agreement shall protect, defend, indemnify and hold OWNER and its officers, employees and agents harmless from and against any and all losses, penalties, damages, professional fees, including attorney fees and all costs . of litigation and judgments arising out of any willful. misconduct or negligent act, error or omission of the CONSULTANT, its Subconsultants, Subcontractors, agents or employees, arising out of or incidental to the performance of this Agreement or work performed thereunder. The consideration exchanged and the provisions of this paragraph shall also pertain to any claims brought against the OWNER its officers, employees or agents by any employee of the named CONSULTANT, or any Subconsultant or Subcontractor, or anyone directly or indirectly employed by any of them. The CONSULTANT'S obligation under this paragraph shall not be limited in any way by the agreed upon contract price as shown in this Agreement or the CONSULTANT'S limit of, or lack of, sufficient insurance protection. 8.2. CONSULTANT acknowledges that the general conditions of any construction contract shall include language, satisfactory to the OWNER'S attorney, in which the contractor agrees to hold harmless and to defend OWNER, its agents and employees from all suits and actions, including attorney's fees, and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of the construction contract or work performed thereunder. The CONSULTANT is an agent of the OWNER. ARTICLE NINE INSURANCE - NOV 14 2000 pg. �� 9.1. CONSULTANT shall obtain an carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT'S own staff and sub - consultants (Ardaman & Associates Inc. and Kimeley -Horn, Inc), unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything contained herein be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may otherwise exist without regard to this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT'S acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the Project, except those previously made in writing and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT's services nor payment by OWNER shall be deemed to be a waiver of any of OWNER's rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) failure to begin work under the -12- ITE NOV 14 2000 pg. Z -C/ d / Agreement within the times specified under the Notice(s) to Proceed, or (b) failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the r enefit of creditors by CONSULTANT or by any of CONSULTANT's principals, officers or directors, or (d) failure to obey laws, ordinances, regulations or other codes of conduct, or (e) failure to perform or abide by the terms or spirit of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default; or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3 below and CONSULTANT's remedies against OWNER shall be the same as and limited to those afforded CONSULTANT under paragraph 12.3 below. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT's recovery against OWNER shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. 12.4. Upon termination, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and ari in this A ND M Agreement. No. -13- NOV 14 2000 Pg. f t -V - ..__ 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension, If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth -In- Negotiation Certificate, attached hereto and incorporated herein as Schedule E, stating that wage rates and other factual unit costs supporting the compensation are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non - current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN -- CONFLICT OF INTEREST AGE DA 1 E No. NOV 14 2000 -14- Pg. 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand or by United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following OWNER's address of record: Board of County Commissioners, Collier County Florida c/o Transportation Engineering & Construction Management Department 3301 Tamiami Trail East Naples, Fl. 33962 Attention: A. Nyankadau Korti, MBA 16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand or by the United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following CONSULTANT's address of record: Consul -Tech Engineering, Inc. 3141 Commercial Parkway Miramar, Florida 33025 Attention: Carlos M. Mallol, P.E. -15- AG DA 1 E `" No NOV 14 2000 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLk: SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing OWNER, shall promote the best interest of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, in whole or in part, by CONSULTANT without the prior written consent of OWNER. 17.4. Waiver by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, initially consisting of 49 continuously numbered pages including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. ARTICLE EIGHTEEN APPLICABLE LAW -16- DA, EA No. A NOV 14 2000 18. 1. Unless otherwise specified, this Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by the laws, rules and regulations of the United States when providing services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate Florida state court in Collier County, Florida. IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for 14 the day and year first written above. ATTEST: Dwight E. Brock, Clerk 0 Date: Approved as to form and legal sufficiency: iolt-A �Cr�•orL 0 sis nt County Attorney • I Witness fitness BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA [AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER - SEWER DISTRICT] M_ , Chairman Consul —Tech Engineeriftg, Inc.. = .. f .T By: Carlos M. Mallol, P.E., President -17- (CORPO NOV 14 2000 P, 5� SCHEDULE A SCOPE OF SERVICES Schedule A consists of the following component Parts: A.1. DESCRIPTION OF PROJECT A.2. CONSTRUCTION CONTRACT ADMINISTRATION A.3. DETAILED OBSERVATION OF CONSTRUCTION -za- AG ND�9EN No. // NOV 14 2000 pg- l A.1. DESCRIPTION OF PROJECT. A.1.1. LOCATION: The project consists of the Construction Engineering inspection of a six- lane improvement of Airport — Pulling Road from Pine Ridge Road (CR 896) to Vanderbilt Beach Road (CR 862). A.1.2. TYPE OF WORK: The project consists of improving the existing roadway from four lane divided rural highway to a six -lane divided urban highway for approximately two (2) miles. As part of the Airport — Pulling Road six lane improvement project, a special endwall including bicycle hand rails will be constructed at various locations along the project. One wet detention pond for storm water management will be constructed east of Yarberry Lane between station 21 +00 and 26 +00 (stationing along Yarberry Lane). Other activities include improvements along J & C Boulevard, Trade Center and Orange Blossom Drive (west of Airport — Pulling Road). Minor utilities adjustment is expected on this project including instillation of traffic signals and irrigation and remedial landscaping system. A detail description is listed on Page 1 of 3 of Schedule A — Scope of Services, Attachment A A.2. CONSTRUCTION CONTRACT ADMINISTRATION. A.2.1. Consult with the OWNER and contractors as reasonably _required and necessary with regard to construction of the Project, including but not limited to pre - construction conference and regularly scheduled coordination meeting with OWNER and contractor. A.2.2. Review materials and workmanship of the Project and report to OWNER any deviations from the Contract Documents which may come to the CONSULTANT's attention; determine the acceptability of work and materials and make recommendation to OWNER to reject items not meeting the requirements of the Contract Documents. -19- DA No. NOV 14 2000 Pg Z 0 / A.2.3. Recommend to the OWNER in writing that the work, or designated portions thereof, be stopped if, in CONSULTANT's judgment, such action is necessary to allow proper inspection, avoid irreparable damage to the work, or avoid subsequent rejection of work which could not be readily replaced or restored to an acceptable condition. Such stoppage to be only for a period reasonably necessary for the determination of whether or not the work will in fact comply with the requirements of the Contract Documents. A.2.4. Require that any work which is covered up without being properly observed be uncovered for examination and restored at contractor's expense if deemed appropriate by the CONSULTANT. A.2.5. Issue interpretations and clarifications of Contract Documents during construction, and evaluate requests for substitutions or deviations therefrom. Notify OWNER of any such requested deviations or substitutions and when reasonably necessary provide OWNER with a recommendation concerning same. Prepare work change orders as directed by OWNER. A.2.6. Submit to OWNER, in a format acceptable to OWNER, weekly progress and status reports, including but not limited to manpower, amount of work performed and by whom, equipment, problems encountered, method to correct problems, errors, omissions, deviations from Contract Documents, and weather conditions. A.2.7. Review and make recommendations to shop drawings, diagrams, illustrations, catalog data, schedules and samples, the results of laboratory tests and inspections, and other data which contractors are required to submit for conformance with the design concept of the Project and compliance with the provisions of the Contract Documents. All submittals shall be approved by the designer of record. A.2.8. Monitor all required Project records, including but not limited to eygry s ,hPrilli AG�pAl M inventories and construction reports. Based upon the Project rec d9pAG A l M _20. NOV 14 2000 CONSULTANT's observations at the site and evaluations of the data reflected in contractor's application for payment, CONSULTANT shall render a recommendation to OWNER concerning the amount owed to the contractor(s) and shall forward the contractor's application for such amount to OWNER. Such approval of the application for payment shall constitute a representation by CONSULTANT to OWNER, based on observations and evaluations, that: (a) the work has progressed to the point indicated; (b) the work is in substantial accordance with the Contract Documents; and (c) the contractor(s) is (are) entitled to payment in the recommended amount. A.2.9. Receive and review all items to be delivered by the contractor(s) pursuant to the Contract Documents, including but not limited to all maintenance and operating instructions, schedules, guarantees, warranties, bonds and certificates of inspection, tests and approvals. CONSULTANT shall transmit all such deliverables to OWNER with CONSULTANT's written comments and recommendations concerning their completeness under the Contract Documents. A.2.10. Support the OWNER'S efforts to negotiate with the contractor(s), the scope and cost of any necessary contract change orders, using as a basis for such negotiations data or other information emanating from the Contract Documents, including but not limited to the bid sheet, technical specifications, plans, shop drawings, material specifications, and proposed material and labor costs. At OWNER'S request, prepare, recommend and submit for OWNER'S approval such change orders under the owner's direction and guidance. Under no circumstances shall the CONSULTANT be authorized to make commitments on behalf of or legally bind the OWNER in any way to any terms or conditions pertaining to. a prospective change order. A.2.11. Upon receiving notice from the contractor advising CONSULTANT that the Project is substantially complete, CONSULTANT, shall schedule and, in conjunction with OWNER, conduct a comprehensive inspection of the Project, develop a list of items elqg)Vl)�16 on -21- NOV 14 2000 Pg �� or correction, forward said list to the contractor and provide written recommendations to OWNER concerning the acceptability of work done and the use of the Project. For the purposes of this provision, substantial completion shall be deemed to be the stage in construction of the Project where the Project can be utilized for the purposes for which it was intended, and where minor items need not be fully completed, but all items that affect the operational integrity and function of the Project are capable of continuous use. A.2.12. Perform final inspection in conjunction with OWNER, and assist OWNER in closing out construction contract, including but not limited to, providing recommendations concerning acceptance of Project and preparing all necessary documents, including but not limited to, lien waivers, contractor's final affidavit, close -out change orders, and final payment application. A.2.13. Prepare and submit to OWNER upon completion of construction of the Project, five (5) sets of record drawings and one (1) set of reproducible record drawing mylars of the work constructed, including those changes made during the construction process, using information supplied by the contractors and other data which can reasonably be verified by CONSULTANT's personnel. A.2.14. Prepare and submit to OWNER upon completion of construction of Project a final report of variations from the construction Contract Documents, including reasons for the variations. A.2.15. A detail description is listed on Page 28 "Schedule A" — Scope of Services, Attachment A A.3. DETAILED OBSERVATION OF CONSTRUCTION. A.3.1. Construction work shall be done under the full -time observation of at least one representative of CONSULTANT; or by such additional representatives of the CONSULTANT as may be necessary for observing the construction of the Project, as may approved by the OWNER. -22- A.3.2. During detailed observation of construction CONSULTANT shall act to protect OWNER's interests in Project and: (a) take 3 x 5 color 35 mm photographs of important aspects of the Project, including by way of example and not limitation, all existing private facilities within the work zone, existing pre- construction surface conditions, important phases of construction, construction observations that detect questionable practices or special interest areas, problems or accidents, surprises from unanticipated conditions and other items that require visible documentation. for future reference, process and submit same together with corresponding negatives on a continuous basis to OWNER; such pictures to be properly categorized and identified as to date, time, location, direction and photographer, with subsequent notations on drawings; (b) maintain appropriate field notes from which record drawings can be generated; (c) maintain appropriate field records to document any and all disputes or claims, whether actual or potential with respect to construction of the Project; and (d) observe operation or performance testing and report findings to OWNER and contractor (i.e., including copies of bacteriological and pressure tests when potable water lines are involved upon completion of operable units, signalization and lighting testing etc.). END OF SCHEDULE A No I AG NDA E NOV 14 2000 -23- I Pg'2�f SCHEDULE B BASIS OF COMPENSATION B.1.1 As consideration for providing Basic Services as set forth herein in Parts A.1, A.2, and A.3 Schedule A, OWNER agrees to pay, and CONSULTANT agrees to accept, the time and reimbursable fees or unit prices (whichever is applicable) as shown on Attachment A entitled "Schedule Fees for Basic Services ". B.1.2. Payment For Basic Services under Parts A.1, A.2 and A.3 of Schedule A shall be paid on A time and reimbursable or unit price basis upon receipt of an approvable invoice on no more than a monthly basis, in accordance with Attachment B Consultant's Employee Hourly Rate. Schedule. Payment shall be made monthly on an as needed basis, not to exceed 40 hours per person per week. Payment for services performed by individuals beyond 40 hours per week or Saturdays, Sundays or holidays shall be increased by a factor of 1.5. Overtime work shall be approved by OWNER in advance whenever possible and not due to CONSULTANT'S own fault or neglect. B.2.1. As consideration for providing properly approved Additional Services set forth in Article Two of this Agreement as estimated on Attachment C entitled "Consultant's Estimate of Additional Services shall be made monthly on a time and reimbursable or unit cost basis whichever is applicable computed in accordance with Attachment C entitled "Consultant's Estimate -of Additional Services ". B.2.2. Reimbursable costs shall mean the actual expenditures made by the CONSULTANT while providing Basic Services under Part A.2 and A.3 or Additional Services, in the interest of the Project, listed in the following sub - paragraphs: -24 A NDA TE� No. NOV 14 2000 P9. s/ (a) expenses for transportation and subsistence incidental to out -of -town travel required by CONSULTANT and directed by OWNER, other than visits to the Project Site or OWNER's office; (b) expenses for preparation, reproduction, photographic production techniques, postage and handling of drawings, specifications, bidding documents and similar Project - related items in addition to those otherwise required in Parts A.2 and A.3 of Basic Services; (c) when authorized in advance by OWNER, except as specifically otherwise provided herein, the expense of overtime work requiring higher than regular rates; and (d) expenses for renderings, models and mock -ups requested by OWNER. B.2.3. By way of example and not limitation, reimbursable costs shall specifically not include expenditures, except as otherwise described in paragraph B.2.2, such as: (a) expenses for transportation and subsistence; (b) overhead, including field office facilities; (c) overtime not authorized by OWNER; or (d) expenses for copies, reproductions, postage, handling, express delivery, and long distance communications. B.3.1. In no case shall the lump sum figures on Attachment A be exceeded without a change in the scope of the project being approved by the Board of County Commissioners for Collier County Florida. B.3.2. Detailed Construction Observation work performed under Part A.3. and Additional Services, shall be paid as substantiated to the limits shown in Attachment C, but not to exceed the sum of those figures without execution of an appropriate Agreement amendment. B.3.3. Payments will be made for services rendered, no more than on a m thirty (30) days of submittal of an approvable invoice. The number of the pu -25- basis, within Nov 14 2a PC- �7�s"� which authority the services have been made, shall appear on all invoices. All invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by OWNER. B.3.4. CONSULTANT acknowledges that Attachment A – Schedule Fees for Basic Services, Attachment B – Consultant's Employee Hourly Rate Schedule, and Attachment C – Consultant's Estimate of Additional Services, each attached to this Schedule B are incorporated herein and, Will be the basis for OWNERS's budgeting, authorizing and monitoring of expenditures under this Agreement. B.3.5. As compensation for coordinating subconsultant activities ( other than Ardaman & , — Associates Inc. and Kimeley -Horn, Inca which was submitted as subconsultants for material testing services and signalization inspection as part of the original proposal) for OWNER, CONSULTANT shall be allowed an administrative fee not to exceed ten percent (10 %) of the actual cost of services rendered under Part A.3 and Additional Services. For purposes of this provision the actual cost of services rendered shall not include any mark -up between the vendor who actually performed the services and any sub - consultant. No administrative fee or mark -up shall be paid in conjunction with the provision of Basic Services as set forth in Part A.2 of Schedule A. END OF SCHEDULE B. AGENDA EM -26- No." I NOV 14 2000 M. SCHEDULE A — SCOPE OF SERVICES COUNTY PROJECT 62031 AIRPORT- PULLING ROAD PROJECT, COLLIER COUNTY, FLORIDA Introduction Consul -Tech will provide construction engineering and inspection services on Airport- Pulling Road from Pine Ridge Road to Vanderbilt Beach Road include, but are not limited to, inspection, sampling, on -site testing, documentation, and other contract administration services required by Collier County. The project consists of 1.8 miles of urban roadway widening along Airport- Pulling Road from Pine Ridge Road to Vanderbilt Beach Road. Three side streets_; J & C Boulevard, Trade Center Way and Orange Blossom Drive, will also be included in this construction contract with the most extensive work slated for the improvements along Orange Blossom Drive. A 4.11 acre wet detention pond at the corner of Yarberry Lane and Orange Blossom Drive along with associated ditch and drainage work will also be constructed. The existing roadway is typically a four -lane facility that once widened, will accommodate six lanes. The widening will occur primarily in the median, where turn lanes, and traffic separators will enhance access management along the corridor. The outside widening involves the construction of additional drainage to include dry detention areas, new curb and gutters, sidewalk, adjustments of inlets to the new, elevated grade of the proposed roadway along with landscaping, adjacent and parallel to the C -31 canal. Items Provided by Collier County Collier County shall provide contract administration through the execution of the Construction Contract Documents and shall sign off on document after CTE processes the Contractor's pay requests, change orders, supplemental agreements, shop drawings, and plans /specification changes. Collier County shall provide for sets of construction documents, including plans, specifications and standard conditions. Services Provided by Consul -Tech Contract Administration CTE will take a proactive approach to the management of this contract to assure proper coordination of the activities of all parties involved in accomplishing a successful completion of the project. The Contract Administration services will include: • Analyzing construction schedule for realistic logic and attainable -27- AG DA TEM No. NOV 14 2000 SCHEDULE A - SCOPE OF SERVICES COUNTY PROJECT 62031 AIRPORT - PULLING ROAD PROJECT, COLLIER COUNTY, FLORIDA • Maintaining complete and accurate records of all activities and events in accordance with procedures • Researching appropriate methods and associated costs of contract changes • Documenting all significant changes to the construction plans on ongoing basis • Preparing supplemental contract documents including necessary back -up • Providing interpretation of the plans, specifications and contract provisions • Measuring of work done and segregating accounting when necessary • Maintaining an adequate level of surveillance of Contractor's activities • Providing a final measurement of all pay items in accordance with Final Estimate _ standards CTE is aware of the scope of services required by the County on this Contract. Some of the key activities of the management engineering services and our approach to its fulfillment are as follows: In -Depth Review of Contract Documents. CTE will study the construction documents with emphasis placed on the search for possible conflicts and/or need for clarification of the construction documents, as well as setting up mechanisms to provide clarification or up -front discussions, if necessary. Kick -Off Meeting. CTE will schedule and conduct a kick -off meeting with County personnel prior to the pre - construction meeting. The purpose of this meeting is to create an open forum of discussion of critical aspects of the job and to get to know the key persons associated with it. CTE will request the presence of the County's Public Works construction personnel, public information office, environmental management, maintenance and operations personnel, as well as the engineer of record. Pre - construction Meeting. CTE's Project Engineer will schedule and conduct a pre - construction meeting with the contractor, as well as utility owners and any other agencies involved and/or affected by the proposed construction in addition to the partnering efforts. The pre - construction conference will also serve as the first step to inform the public through the agencies and civic organizations present, of the benefits this project will bring to the community and the motoring public. Scheduling and Submittals. CTE will review the contractor's proposed schedules and will report its findings and recommendations to the County. Upon discussion with the County, any recommendations or objections to the schedules will be given to the Contractor. CTE's Project Engineer will use both Expedition® and Primavera® software to monitor submittals, requests for information, requests for corrective action and correspondence. A printout of all open items will be attached to the wee y mom! agenda and its consideration will be a permanent item of the agenda. �i NOV 14 2000 -ZS- Pg. & 0 SCHEDULE A — SCOPE OF SERVICES COUNTY PROJECT 62031 AIRPORT - PULLING ROAD PROJECT, COLLIER COUNTY, FLORIDA comments stating the reason for non - attainment will be part of the record until activity is finally completed. Daily Recording of Activities. Upon commencement of construction and until final acceptance of the work, CTE will maintain on a daily basis a complete and accurate record of all activities and events related to the project. We will record all the work completed by the Contractor including quantities of pay items using DOT.PAY (&, a computer program for the daily tracking of all activities and pay items in the Contract. Communications Log. CTE will maintain a correspondence log properly identifying each piece of correspondence transmitted to and from the Contractor and the County indicating also whether there is a responsibility for an answer and the anticipated time of such answer. Weekly Meetings. CTE's Project Engineer will hold weekly meetings with the Contractor and any involved subcontractor to review the schedule, schedule of submittals, correspondence log, and request for information log and notice of potential claim log. These meetings will review -the progress, the short-range schedule and work plans. Emphasis will be placed on safety, work progress, shop drawing submittal status, requests for lane closures, night work or any other activity effecting the maintenance of traffic. Quality control, safety in the work place and job progress will be permanent items of the agenda for these weekly meetings. Progress Reports. On a weekly basis, CTE will prepare a comprehensive tabulation of the quantity of each pay item satisfactorily completed to date. On a monthly basis, we will report to the County the progress of all major items of work noted in the construction schedule and a status of job progress relative to delinquency, if applicable. Claim Avoidance and Dispute Resolution. Should the contractor file a claim and if the parties cannot agree on a settlement, CTE will prepare a recommendation to the County for final disposal of the claim in accordance with the specifications for this project. Coordination. CTE's Project Engineer will be responsible for maintaining coordination with the County and the Contractor. In addition to utility and agency partnering, we will coordinate, when necessary, with the following entities: Governmental Agencies: Collier County, Florida Highway Patrol and the South Florida Water Management District. Utility Companies: Sprint Telephone, Florida Power & Light, Media One, Time Warner and City and County utilities AG N AI M o. NOV 14 2000 -29- Pg.�� SCHEDULE A - SCOPE OF SERVICES COUNTY PROJECT 62031 AIRPORT - PULLING ROAD PROJECT, COLLIER COUNTY, FLORIDA Permit Compliance. CTE will monitor compliance with permit conditions, particularly ACOE /SFWMD permit that allows for use of their right of way, since it includes conditions for occupying the right of way and emergency measures in case of hurricane or other declared emergency. Information to the Public. CTE will work closely with the County in keeping the motoring public informed well in advance of construction operations, detours, and roadway closures. CTE will develop and maintain a Web Page with information about the project, its progress and any up- coming special events such as detours, lane closures or important milestones. Survey Control Mr. Joseph Boggs, P.L.S., will be the professional responsible for this project. CTE will perform the following verification tasks: • Verify horizontal and vertical control (pre- construction). • Verify existing terrain (pre- construction), check cross - sections 300'. • Pre - construction elevations off -site pond site (25' grid). • Post - constructions cross - sections of pond (25' grid). • Verify layout of baseline. • Spot -check and verification of the location and elevation of drainage structure stake out. • Post - construction cross - sections 300'. • Verify horizontal and vertical control (post- construction). • Miscellaneous tasks (as requested by Project Manager). Engineering Inspection The inspection effort in a project of this magnitude is substantial. CTE has carefully reviewed the plans to determine the anticipated workload considering key inspection activities such as drainage, embankment and concrete. The following sections describe CTE's approach to monitoring the principal construction activities of this project and its estimated workload. Maintenance of Traffic. CTE will pay special attention to the Traffic Control Plan to allow for adequate traffic flow and access to private property without interfering with the construction sequence. Maintenance of traffic will be a permanent item in the weekly meetings agenda and the Contractor's strict adherence to the Manual on Unifo FNA 'O. �r� -30- NOV 14 2000 pg. 02 �/ SCHEDULE A — SCOPE OF SERVICES COUNTY PROJECT 62031 AIRPORT - PULLING ROAD PROJECT, COLLIER COUNTY, FLORIDA Control Devices, the Florida Roadway and Traffic Design Standards, as well as the American Traffic Safety Services Association Manuals will be enforced. Drainage. The CEI inspection team will monitor the Contractor's activities to assure compliance with all OSHA requirements including the Trench Excavation Safety Standards, 29 C.F.R., S. 1926.650, Subpart P. The Contractor will be required to restrict access to and provide protection of all excavated areas. The drainage inspector(s) will maintain the density log books as required. Utility Work. Coordination is necessary to guarantee that the utility relocations and/or adjustments are performed without hindering the contractor's effort. CTE will make utility coordination a permanent item of our weekly meetings. Embankment. The work specified in the contract consists of approximately 97,600 CY of excavation and 25,600 CY of embankment. The CTE inspection team will keep adequate records to provide daily reports of the construction and to assist in the monthly progress estimates. These records will include the identification of imported materials and its certification of origin: The finished roadway embankment will be checked for .grade. Stabilization and Base. The CTE inspection team will keep adequate records to provide daily reports of the construction and to assist in the preparation of monthly progress estimates. These records will include the identification of imported materials and its certification of origin. The finished roadway base will be checked for grade, straight- edge, plan and profile. Asphalt Paving. Prior to starting paving operations, our inspectors will inspect the contractor's equipment against the certified equipment lists provided. They will also confirm that the Contractor's Certified Paving Technician is on site. After it has been determined that the asphalt is acceptable the inspector will proceed with checking the temperature for compliance with the Specifications. Upon confirmation, the paving operation will be allowed to proceed. The first five trucks will be checked in this manner and then a minimum of one out of every five successive trucks will continue to be checked. He will also monitor the rolling and compaction efforts following the asphalt paving. Signs. CTE will verify for compliance with approved shop drawings, project plans, and Roadway and Traffic Design Standards, 1994, and interim thereto. Our CEI inspector will monitor concrete placement in relation to signs and posts and will arrange for off -site inspection of signs. .� -31- AG DA TE No. NOV 14 2000 Pg. SCHEDULE A — SCOPE OF SERVICES -- COUNTY PROJECT 62031 AIRPORT- PULLING ROAD PROJECT, COLLIER COUNTY, FLORIDA Worksite Safety. CTE will take a proactive approach toward the safety of the personnel assigned to the work area, starting with our own: our employees receive worksite safety, OSHA and defensive driving training. Safety at the work place will be a permanent item in the weekly progress meeting agenda to discuss safety procedures at the work place. Laboratory Testing. CTE will provide through Ardaman & Associate, Inc., its subconsultant, laboratory testing of materials in accordance with County specifications. The following tests are anticipated: • Strength tests for structural concrete. • LBR for stabilization and limerock. • Verification of limerock liquid limits and carbonates. • Proctor tests. • Ph and organic testing for top soil verification. • Bulk specific gravity for asphalt mix control strips. • Random extraction gradation for asphalt mix at plant Excluded Services. The follows -.g is specifically excluded from the scope of services to be provided by Consul -Tech: • Asphalt plant inspector. • Approval of shop drawings. • Class I Nonstructural Concrete testing. • FDOT reporting, recording. and data entry except as stated above. • FDOT district laboratory testing. CEI Services for Traffic Signal Installations CTE will provide through Kimley -Horn and Associates, its subconsultant, the following services: Task 1- Pole Foundation Construction On -site monitoring of each mast arm pole foundation installation to include: • Monitoring specified depth of earth -boring removal • Monitoring specified reinforcing "cage" placement • Monitoring specified anchor bolt placement • Review of concrete delivery tickets to confirm specified mix (not to include test cylinders) AG - D IT M No. -32- NOV 14 2000 SCHEDULE A — SCOPE OF SERVICES COUNTY PROJECT 62031 AIRPORT - PULLING ROAD PROJECT, COLLIER COUNTY, FLORIDA Task 2 — Traffic Signal Heads and Signal Cable On -site monitoring of installation of signal cable and displays to include: • Observation of installation of signal cable in mast arms and controller cabinet • Observation of installation of traffic signals and mounting hardware Task 3 — Vehicle Loop Detector Assembly Placement On -site monitoring of loop detector assembly placement to include: • Monitoring depth of pavement saw cuts • Monitoring size and gauge loop wire placement • Monitoring splicing of loop wire to lead -in wire • Monitoring placement of loop lead -in wire in conduit Task 4 — Pedestrian Facilities Construction On -site monitoring of pedestrian signal and auxiliary item placement to include: • Monitoring placement of pedestrian signal cable in conduits and pedestals • Monitoring placement of pedestal bases, pedestrian detectors, pedestrian signs, and pedestrian signals Task 5 — Traffic Signal Controller Cabinet Placement Monitoring of the traffic signal controller cabinet assemblies to include: • Monitoring of placement of the cabinets on the bases • Monitoring of termination of communications, signal, and loop detector cables • Monitoring of installation of controllers, loop detector amplifiers, modems, and power supply Task 6 — 48 Hour Tests Inspection of each completed traffic signal installation per FDOT standards prior to commencement of 48 hour testing. This inspection will include thorough inspection of each controller cabinet assembly to affirm that all signal wiring, loop wiring, communications cable wiring, and pedestrian facility wiring is complete and in accordance with the standards and specifications. A punch list will be generated during this test and distributed to the appropriate persons involved with the project. Task 7 — Final Acceptance AG ftFjATEy No. -33- NOV 14 200o Pg s_ 17 SCHEDULE A — SCOPE OF SERVICES COUNTY PROJECT 62031 AIRPORT - PULLING ROAD PROJECT, COLLIER COUNTY, FLORIDA Conduct final acceptance testing with the presence of the Contractor and County representatives, at each intersection installation per FDOT standards prior to commencement of the required 60 -day burn -;n period. This inspection will allow our inspector to ascertain that any discrepancies noted in the 48 hour test have been corrected and that for all intents and purposes, short of equipment failure during the burn in period, the signals are complete and ready to commence full operation. Task 8 - Required Document Review and Approval We will review all submittal data relevant to the equipment and materials proposed by the contractor. We will review the as -built drawings, series resistance data sheets, and communications cable test results and provide recommendation either of acceptance or remedial action to obtain acceptance. Upon completion of the required burn -in period and submittal of all documents normally required per FDOT standards and specifications, we will prepare a final recommendation of acceptance of the signal installations. Task 9 — Shop Drawing Submittal Review We will review the structural shop drawings for the signal mast arm structures to verify that the proposed structures meet the specifications called for in the design plans. Items Provided by Consul -Tech Equipment • Pick -up trucks (fully equipped) for all Inspectors. • Troxler 3440 or 3430 and Speedy Moisture testers. • All thermometers and density /moisture gauges calibrated. • Photo equipment -35 mm and digital camera. • Cellular telephones for all inspectors. • Computers with modem. • Software as required to be compatible with Collier County. • Safety equipment (strobe lights, safety vests, hard hats, flashlights, etc.) • Concrete testing equipment (Slump cone, thermometer, Roll -O- Meter, wheelbarrow, etc.) • Specification books and manuals. • Software for detailed printout of contractor's progress. • Fully equipped inspectors carry all test equipment required.. • Turbidity meter. AGE DA i ,EM No. NOV 14 2000 -34- PQ. SCHEDULE A — SCOPE OF SERVICES COUNTY PROJECT 62031 AIRPORT - PULLING ROAD PROJECT, COLLIER COUNTY, FLORIDA Field Office Equipment • Four (4) telephone lines (2 incoming/outgoing, I fax, I modem). • Copy and Fax machines. • Computers and Printer. • Office furniture. • Office supplies. • Internet access. • Printer. • File cabinets Field Office • Office space acceptable to Collier County. • Located no more than three miles form project site. Project Schedule Median - - - -- i +i _-_._ ..__ _ Ii00 fllalss Cr Dnrrts � _- ..15'.. . t100_IDkIW OfW111�Skuclt S .! - 'KO ;SM up MOT Usvices 3. _I _400_;C±Pnn2aw_Gn0Jjv MaLdn A .jjlji 'w (^AIQ 8W Gut1w, 75; IWf ®IM Course _.... :o *�:EntbirtktnsM A .� RID Be" r, . !W_Traf60 Sepwg& IMDiq�juBBSO - - - - Outside Lanes -- Iim:loHalWRewrfataF_>uelltt�__ t3oo _OvarkuiA ExWirtO Patrrnere toy .� illlo .Tern Ski ' si tsm:Re -sel RIOT pm' _. - _._ . _______ i +i _-_._ ..__ _ Ii00 fllalss Cr Dnrrts � _- ..15'.. . t100_IDkIW OfW111�Skuclt S .! - tamlEmkaRWttanl i to 'w (^AIQ 8W Gut1w, 75; IWf ®IM Course _.... :o .- -- _____..._. 2?00. 7190. Sk*,Mk _. -!WI 1rm'Twn_pot�Cs1_NPA Side Strew Wet Retontion PofIK afm E>x e M RNs_ Outlet Dr26" LandseaDe ..� Gretl•QryRelkrlap stm Entiro Pro t — —'za° R�!eL�ojjjj :n°° FYtW Aeptell Cara Sb�PM9 -- 11m Trrce List tsr,va - -- LD —� —t— .4�� Consul-Tech Engine" Airport - Pulling Road -35- �1 -i off..,. ■. No.2 D IT _L_ NOV 14 2000 �� ;1.s/ SCHEDULE B - ATTACHMENT A SCHEDULE OF FEES FOR BASIC SERVICES COUNTY PROJECT 62031 AIRPORT - PULLING ROAD PROJECT, COLLIER COUNTY, FLORIDA No Lump Sum payment for basic services at this time AG��IDA�TE�A No. NOV 14 2000 -36- p9 �� SCHEDULE C -ATTACHMENT C CONSULTANT'S ESTIMATE OF ADDITIONAL SERVICES COUNTY PROJECT 62031 AIRPORT- PULLING ROAD PROJECT, COLLIER COUNTY, FLORIDA Additional Services Provided by Consul -Tech Collier County will reimburse Consul -Tech for additional services, in accordance with the estimated unit prices and item quantities presented below: Public Information Quantity Unit Contract Rate Total Variable Message Boards 100.00 DA 55.00 5,500.00 Public Notices 2.00 EA 1,000.00 2,000.00 Public Meetings 2.00 EA 1,000.00 2,000.00 LMI-_ Presentations 1.00 EA 5,000.00 5,000.00 Subtotal Public Info. 14.00 MO $14,500.00 Field Office Quantity Unit Contract Rate Total Rent 14.00 MO 1,131.56 15,841.84 Licenses 2.00 YR 186.38 372.76 Utilities 14.00 MO 165.00 2,310.00 Trash 14.00 MO 35.00 490.00 Janitor 14.00 MO 170.00 2,380.00 Telephone 14.00 MO 150.00 2,100.00 Telephone System 1.00 EA 1,200.00 1,200.00 Copier 14.00 MO 341.67 4,783.38 Service 1.00 EA 234.30 234.30 Transcriber 1.00 EA 212.99 212.99 Tape recorder 1.00 EA 42.59 42.59 Postage 14.00 MO 50.00 700.00 Fax machine 1.00 EA 186.37 186.37 Furniture 1.00 LS 2,419.00 2,419.00 Office supplies 14.00 MO 500.00 7,000.00 Photography 14.00 MO 208.33 2,916.62 Sub Total 43,189.85 Material Testing (Ardaman) Quantity Unit Contract Rate Total In -place Density Test 10.00 EA 22.00 220.00 Proctor 20.00 EA 88.00 1,760.00 LBR 10.00 EA 302.50 3,025.00 Sieve Analysis 10.00 EA 37.40 374.00 Concrete Cylinders 40.00 EA 82.50 3,300.00 Slump Tests 10.00 EA 11.00 110.00 Air Content 10.00 EA 11.00 110.00 Sampling Bituminous Mixtures 10.00 EA 37.40 374.00 Marshall Test 10.00 EA 110.00 1 Density of Asphalt Cores 10.00 EA 22.00 -38- 20.0 ffl EM NOV i 4 2000 Pg. � _5_/ -. SCHEDULE C -ATTACHMENT C CONSULTANT'S ESTIMATE OF ADDITIONAL SERVICES COUNTY PROJECT 62031 AIRPORT - PULLING ROAD PROJECT, COLLIER COUNTY, FLORIDA Material Testing (Ardaman) Quantity unit Contract Rate Total Control Strip Densities 10.00 EA 440.00 4,400.00 Concrete Cores 10.00 EA 88.00 880.00 Asphalt Cores 20.00 EA 38.50 770.00 Limerock Base Thickness 20.00 EA 38.50 770.00 Subtotal Material Testing 1 $17,413.00 Signalization (Kimely -Horn) Quantity Unit Contract Rate Total Registered Professional 9.00 HR 104.50 940.50 Sr. Professional 20.00 HR 148.50 2,970.00 Sr. Technician 367.00 HR 82.50 30,277.50 Miscellaneous Expenses 1.00 HR 2,794.00 2,794.00 Subtotal Signalization 36,982.00 Project Total 1 $8579739.85 -39- AG DID4 No. NOV 14 20M P9• Z.. SCHEDULE D INSURANCE COVERAGE (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverages shall be maintained without interruption from the date of commencement of the work until the date of completion and acceptance of the Project by the Owner or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the Owner shall be filed with the Owner within ten (10) calendar days after Notice of Award is received by Contractor /Consultant/ Professional. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the Owner. (5) All insurance coverages of the Contractor /Consultant/Professional shall be primary to any insurance or self insurance program carried by the Owner applicable to this Project. (6) The acceptance by Owner of any Certificate of Insurance does not constitute approval or agreement by the Owner that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. AG D&ITEM No. NOV 14 2000 -40- Pg. �� (7) Contractor /Consultant/Professional shall require each of its subcontractors to procure and maintain, until the completion of the subcontractor's work, insurance of the types and to the limits specified in this Section unless such insurance requirements for the subcontractor are expressly waived in writing by the Owner. (8) Should at any time the Contractor /Consultant/Professional not maintain the insurance coverages required herein, the Owner may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the Contractor for such coverages purchased. The Owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the Owner to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Contract Documents. (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the Contractor / Consultant / Professional shall furnish to the County, in triplicate, renewal or replacement Certificate(s) of Insurance not later than thirty (30) calendar days prior to the date of their expiration. Failure of the Contractor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate the Agreement. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? (check one) X_ Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the Contractor /Consultant/ Professional during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: -41- • D T M v No. A G Nov 14 2000 Pg. �/ a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability (check one) $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee _X_ $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive its Rights of Subrogation against the Owner and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion _of the work. (check one) Applicable ,X Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. (check one) Applicable X_ Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? (check one) X_ Yes No (1) Commercial General Liability Insurance shall be maintained by the ' Contractor /Consultant/Professional. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreem n , p No. -42- NOV 14 2000 Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the Owner of the work under this Agreement. Limits of Liability shall not be less than the following: (check one) General Aggregate $300,000 Products /Completed Operations Aggregate $300,000 Personal and Advertising Injury $300,000 Each Occurrence $300,000 Fire Damage $ 50,000 General Aggregate $500,000 Products /Completed Operations Aggregate $500,000 Personal and Advertising Injury $500,000 Each Occurrence $500,000 Fire Damage $ 50,000 X_ General Aggregate $1,000,000 Products /Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence $1,000,000 Fire Damage $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This -endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." (3) If the General Liability insurance required herein is issued or renewed on a "claims made" basis, as opposed to the "occurrence" form, the retroactive date for coverage shall be no later than the commencement date of the Project and shall provide that in the event of cancellation or non - renewal- the Extended Reporting Period (Discovery Period r M14 B�h No. be no less than three (3) years. -a3- NOV 2000 ?g. ��Z' (4) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the Owner. (5) Coverage shall be included for explosion, collapse or underground property damage claims. (6) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the completion of the work under this Agreement. (check one) Applicable 'X Not Applicable (7) Aircraft Liability coverage shall be carried at limits of $2,000,000 each occurrence if . —1 applicable to the completion of the work under this Agreement. (check one) Applicable _X_ Not Applicable PROPERTY INSURANCE - BUILDERS RISK (1) Property Insurance - Builders Risk coverage shall be carried by the Owner if applicable. (check one) Applicable X_ Not Applicable (2) The Owner shall purchase and maintain in a company or companies lawfully authorized to do business in the State of Florida and in Collier County, property insurance in the amount of the initial Contract Sum as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without voluntary deductibles. insurance shall be maintained, unless otherwise provided in the Contract -44- NOV 14 2000 Pn. �1 g '5-1 otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the Owner has an insurable interest in he property required to be covered, whichever is earlier. This insurance shall include interests of the Owner, the Contractor, Subcontractors, Sub- subcontractors and Material Suppliers in the Work. (3) Property insurance shall be on an all -risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, wind and hail, vandalism, malicious mischief, collapse, falsework, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and, at the Owner's option, shall cover reasonable. compensation for Professional's services and expenses required as a result of such insured loss. At the Owner's option, flood insurance will also be purchased. (4) The property insurance provided by the Owner requires minimum deductibles and the Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for any deductible associated with the all -risk policy described above shall be limited to a maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. The responsibility of the Contractor for any deductible associated with the flood insurance identified herein, if purchased by the Owner, shall be limited to a maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. (5) This property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work in transit. (6) Boiler and Machinery Insurance. The Owner shall have the option maintaining boiler and machinery insurance required by the Contract Doc meets ? bY' l�a%A -as- NOV 14 2000 � ' which shall specifically cover such insured objects during installation and until final acceptance by the Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub- subcontrators in the Work. (7) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub - subcontractors, agents and employees, each of the other, and (2) the Professional, Professional's consultants, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall provide waivers of subrogation by endorsement or otherwise. (8) A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear. (9) If Builders Risk coverage is applicable the Contractor shall be responsible for the following maximum deductibles per occurrence per paragraph (3) above. (check one) All Risk Policy - $1,000 maximum deductible All Risk Policy - Maximum deductible of $ Flood Policy - $1,000 maximum deductible Flood Policy - Maximum deductible of $, -46- A(►`-1 OA I EM No, NOV 14 2000 Pg. AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? (check one) Yes No (1) Automobile Liability Insurance shall be maintained by the Contractor / Consultant / Professional for the ownership, maintenance or use of any owned, non -owned or hired vehicle with limits of not less than: (check one) Bodily Injury & Property Damage - $ 500,000 X Bodily Injury & Property Damage - $1,000,000 (1) Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE — The "Certificate Holder" should read only as follows: Collier County Board of County Commissioners 3301 E. Tamiami Trail Naples, Florida 34112 (2) The Certificate must state the Bid Number and Title. UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor /Consultant/Professional and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "d p da�sROA y No. as primary insurance. NOV 14 2000 Pg. 7` �� (3) The General Aggregate limit, if applicable, shall apply separately to this project and the policy shall be so endorsed. PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? (check one) _X_ Yes No (1) Professional Liability Insurance shall be maintained by the Consultant/Professional to insure its legal liability for claims arising out of the performance of professional services under this Agreement. Such insurance shall have limits of not less than: (Check One) $ 500,000 each claim and in the aggregate _X— $1,000,000 each clairn and in the aggregate $2,000,000 each claim and in the aggregate $ each claim and in the aggregate (2) Any deductible applicable to any claim shall be the sole responsibility of the Consultant/Professional and shall not be greater than $50,000 each claim. (3) The Consultant/Professional shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the Owner. END OF SCHEDULE D. F G IDA 1' EM -as- OV 14 2000 _i - SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Consul — Tech Engineering, Inc. hereby certifies that wages, rates and other factual unit costs supporting the compensation for the construction engineering inspection services of the CONSULTANT to be provided under the Professional Services Agreement, concerning Airport — Pulling Road (Project # 62031) are accurate, complete and current as of the time of contracting. Revised: JUNE 3, 1997 AC Consul —Tech Engineering, Inc. �. Carlos M. Mallol, P.E., President DATE: r� AG DA EM . No. ` -49- NOV r 4 2000 Pg. �� 07 J7 /" EXECUTIVE SUMMARY APPROVE AMENDMENT TO CONTRACT 00 -3054 WITH BETTER ROADS INC. FOR THE WIDENING OF PINE RIDGE ROAD FROM AIRPORT- PULLING ROAD TO LOGAN BOULEVARD, PROJECT NO. 60111, CIE # 41 TO HOLD THEM HARMLESS FOR COUNTY REQUESTED TIME EXTENSION RELATIVE TO THE INCENTIVE BONUS. OBJECTIVE: That the Board of County Commissioners approve a contract amendment for the widening of Pine Ridge Road from Airport- Pulling Road to Logan Boulevard to hold them harmless for County requested time extension relative to the incentive bonus. CONSIDERATIONS: On May 2, 2000, the Board of County Commissioners awarded a construction contract to Better Roads Inc. for the widening of Pine Ridge Road from Airport- Pulling Road to Logan Boulevard. The attached contract amendment is a modification to the contract provision pertaining to the contractor's incentive bonus which would allow the County the option to extend the contract time, in calendar days, in order to account for additional work which may be added to the contract at the request of the County. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: 'The project is consistent with the Transportation Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the contract amendment and authorize the Chairman to sign. SUBMITTED BY: Date: Peter S. Hayden, E.I., Project Manager Transportation Engineering and Construction Management Department REVIEWED BY: 7 yl �'� F ►�= Date < Mitch Riley, P.E., Acting Director Transpg*ation Engineering and Construction Management Department APPROVED BY: Norman Feder, Administrator T ansnortation Division Attachments: Contract Amendment 00 -3054 Date—// vv AGENDA ITEM – No. NOV 14 2000 P$• _ Contract Amendment 00 -3054 "Pine Ridge Road Six Lane Improvement (C.R. 31 to Logan Blvd.)" This amendment, dated , 2000 to the referenced agreement shall be by and between the parties to the original agreement, Better Roads Inc.(to be referred to as "Contractor ") and Collier County, Florida, (to be referred to as "Owner "). Statement of Understanding RE: Contract #00 -3054 "Pine Ridge Road Six Lane Improvement (C.R. 31 to Logan Blvd.)" To revise language of paragraph 20.3, "Incentive Bonus" Payment and Waiver of Contractor Claims Option, on page TR- CA -H -16 as follows: Line 9 of paragraph 1 reads: "holidays, suspensions of Contract Time, delays or other events" and shall be amended to read "holidays, suspensions of Contract Time delays unless specifically authorized by the County in a change order." Line 15 of paragraph 1 reads: "emergency" and shall be amended to read "emergency or as specifically authorized by the County)." Line 1 of paragraph 3 reads: "In the event of a catastrophic event (i.e., hurricane or a declared state of emergency) directly" and shall be amended to read "In the event of a catastrophic event (i.e., hurricane, a declared state of emergency, or specific additional work requested by the County) directly ". Line 9 of paragraph 3 reads: "'Incentive Bonus' Completion Date reasonably necessary and due solely to such catastrophic event ", and shall be amended to read, "'Incentive Bonus' Completion Date reasonably necessary and due solely to such event". All other terms and conditions of the agreement shall remain in force. AG _NDA T� EM Nov 14 2000 • • • L P9. 10/11/00 8:52 AM Contract Amendment — 00 -3054 "Pine Ridge Six Lane Improvement (C.R. 31 to Logan Blvd.)" IN WITNESS WHEREOF, the Contractor and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. ATTEST: Corporate Secretary/Witness By: D dt ed: 10/11/00 ATTEST: Dwight E. Brock, Clerk Approved as to form and Legal sufficiency: r ;✓t l � Jacqueline Hubbard Robinson Assistant County Attorney CONTRACTOR Better Roads Inc. By:-.. Title: \ jiRESIDENT Dated: 10/11/00 CORPORATE SEAL BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA James D. Carter, Ph.D., Chairman SEAL. AGENDA 1 EK No. U f5 NOV 14 2000 pg.. 13 10 /11 /00 8:52 AM EXECUTIVE SUMMARY APPROVE AMENDMENT TO CONTRACT 99 -2992 WITH APAC - FLORIDA, INC. FOR THE WIDENING OF IMMOKALEE ROAD FROM I -75 TO COLLIER BOULEVARD (CR -951), PROJECT NO. 69101, CIE # 8 TO HOLD THEM HARMLESS FOR COUNTY REQUESTED TIME EXTENSION RELATIVE TO THE INCENTIVE BONUS. OBJECTIVE: That the Board of County Commissioners approve a contract amendment for the widening of Immokalee Road from I -75 to Collier Boulevard to hold them harmless for County requested time extension relative to the incentive bonus. CONSIDERATIONS: On November 23, 1999, the Board of County Commissioners awarded a construction contract to APAC - Florida, Inc. for the widening of Immokalee Road from I -75 to Collier Boulevard. The attached contract amendment is a modification to the contract provision pertaining to the contractor's incentive bonus which would allow the County the option to extend the contract time, in calendar days, in order to account for additional work which may be added to the contract at the request of the County. FISCAL'IMPACT: None GROWTH MANAGEMENT IMPACT: The project is consistent with the Transportation Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the contract amendment and authorize the Chairman to sign. SUBMITTED BY: -- -' -- _:?�!��u'1 Date: Richard J. Hellriegel, P.E., Senior Project tanager Transportation Engineering and Construction Management Department REVIEWED BY: Date V '° -a Mitch Riley, P.E., Acting Director Transport4lion Engineering and Construction Management Department APPROVED BY: ZZ1 fZ� Date 11 —/ —c/D Feder; Adinini, tation Division Attachments: Contract Amendment 99 -2992 AG NDAITEM No. NOV 14 2000 Pg 5" Contract Amendment 99 -2992 "Immokalee Road — I -75 to C.R. 951 — 4 Lane Improvement" This amendment, dated // , 2000 to the referenced agreement shall be by and between the parties to the original agreement, APAC - Florida, Inc.(to be referred to as "Contractor ") and Collier County, Florida, (to be referred to as "Owner "). Statement of Understanding RE: Contract #99 -2992 "Immokalee Road — I75 to C.R. 951 — 4 Lane Improvement" To revise language of paragraph 20.3, "Incentive Bonus" Payment and Waiver of Contractor Claims Option, on page TR- CA -H -14 as follows: Line 8 of paragraph 1 reads: "ends, holidays, suspensions of Contract Time, delays or other events" and shall be amended to read "ends, holidays, suspensions of Contract Time delays unless specifically authorized by the County in a change order." Line 12 of paragraph 1 reads: "emergency" and shall be amended to read "emergency) or as specifically authorized by the County ." Line 1 of paragraph 3 reads: "In the event of a catastrophic event (i.e., hurricane or a declared state of emergency) directly" and shall be amended to read "In the event of a catastrophic event (i.e., hurricane, a declared state of emergency), or specific additional work requested by the County directly ". Line 7 of paragraph 3 reads: "'Incentive Bonus' Completion Date reasonably necessary and due solely to such catastrophic event ", and shall be amended to read, "'Incentive Bonus' Completion Date reasonably necessary and due solely to such event ". All other terms and conditions of the agreement shall remain in force. Contract Amendment — 99 -2992 "Immokalee Road — I75 to C.R. 951 — 4 Lane Improvement IN WITNESS WHEREOF, the Contractor and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. ATTEST: CONTRACTOR APAC- Florida, Inc. Corporat ecretary/Witness By: (fz1 By: Dated: D e. T; !! , Z000 Title: Dated: OGT CORPORATE SEAL ATTEST: OWNER: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA LIN Approved as to form and Legal sufficiency: _ J que n Hubbard Robin son ssistant County Attorney James D. Carter, Chairman Lt ` EXECUTIVE SUMMARY ADOPT A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT NON- EXCLUSIVE, PERPETUAL SIDEWALK, DRAINAGE, SLOPE, MAINTENANCE AND TEMPORARY CONSTRUCTION INTERESTS BY EASEMENT FOR THE IMMOKALEE ROAD SIDEWALK PROJECT BETWEEN JOHN MICHAEL ROAD AND C.R. 951, CIE NO. 8. OBJECTIVE: To adopt a Resolution to acquire by gift non - exclusive, perpetual sidewalk, drainage, slope, maintenance and temporary construction interests by easement required to complete the Immokalee Road Sidewalk Project between John Michael Road and C.R. 951, CIE No. 8, (hereinafter referred to as "the Project "). CONSIDERATION: On February 23, 1999, the Board of County Commissioners adopted Ordinance No. 99 -14 therein establishing the 1999 (Eighth Annual Update and Amendment) Capital Improvement Element of the Growth Management Plan. The Transportation Element of the County's Comprehensive Plan was adopted in Resolution No. 99 -13 for CIE #8. Staff has reviewed alternative locations, environmental factors, cost variables, safety and welfare considerations as they relate to the construction of the Project and staff has advised the Board that based on these factors and after reviewing these factors with the Board that the most feasible /^ location for the Project is more particularly described in Exhibit "A" of the attached Resolution. FISCAL IMPACT: Total acquisition costs are estimated at $14,228.00 and includes all title commitments and title policies, staff time, etc. for the improvements to the Immokalee Road Sidewalk Project, CIE No. 8. Funds in the amount of $14,228.00 are available Fund 331. GROWTH MANAGEMENT IMPACT: As a Capital Improvement Element project, the recommendation is consistent with the County's Growth Management Plan for CIE No. 8. RECOMMENDATION: That the Board of County Commissioners: (1) Having reviewed alternative locations, environmental factors, cost variables, safety and welfare considerations as they relate to the Project, find that the most feasible location for the Project is more particularly described in Exhibit "A" of the attached Resolution; and (2) Adopt the attached Resolution authorizing the acquisition by gift the non - exclusive, perpetual sidewalk, drainage, slope, maintenance and temporary construction interests by easement required to complete the Immokalee Road Sidewalk Project between John Michael Road and C.R. 951; and (3) Authorize the Chairman to execute the attached Resolution. A! ERA ITEM No. tt�� NOV 14 2000 P9• SUBMITTEI Real Propgrty Management Department DATE: .10-.ZS-00 REVIEWED BY: DATE: Richard J. Iftellriegel, P.E., Sr. Project Manager Transpoylation Engineering and Construction Management Department APPROVED BY: I PYK!✓ J „Cde�, _ Norm n E. Feder, AICP Tran r ortation Administrator DATE: X) -21-” AG EN� ITEM No. -M` Nov "I'll Pg. I RESOLUTION NO. 2000 - 2 3 4 A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY GIFT OF NON - 5 EXCLUSIVE, PERPETUAL SIDEWALK, DRAINAGE, SLOPE, MAINTENANCE AND 6 TEMPORARY CONSTRUCTION INTERESTS BY EASEMENT FOR THE IMMOKALEE 7 ROAD SIDEWALK PROJECT BETWEEN JOHN MICHAEL ROAD AND C.R. 951, CIE 8 NO. 8. 9 10 11 WHEREAS, the Board of County Commissioners (Board), on February 23, 1999, adopted 12 Ordinance No. 99 -14 therein establishing the 1999 (Eighth Annual Update and Amendment) Capital 13 Improvement Element of the Growth Management Plan in order to establish priorities for the design, 14 acquisition and construction of the various capital improvement projects. The Transportation Element 15 of the County's Comprehensive Plan was adopted in Ordinance No. 99 -13; and 16 WHEREAS, the Immokalee Road Sidewalk Project are component parts of the Transportation 17 Element of the County's Comprehensive Plan; and 18 WHEREAS, alternate locations, environmental factors, long range planning, cost variables, 19 concurrence, safety and welfare considerations have been reviewed as they relate to the 20 implementation of said transportation improvements; and it has been recommended by County Staff 21 that it is necessary and in the best interest of Collier County, Florida, to maintain flexibility over the 22 acquisition of property rights required for the construction of the Immokalee Road Sidewalk Project, 23 hereinafter referred to as "Project" as identified on Exhibit "A" attached hereto and incorporated herein 24 by reference; and 25 WHEREAS, the design and construction of said transportation improvements and related 26 facilities have been determined by the Board to be necessary and in the best interest of Collier County; 27 and 28 WHEREAS, the construction of the transportation improvements and related facilities 29 contemplated by the Project are necessary in order to protect the health, safety and welfare of the 30 citizens of Collier County, and will assist Collier County in meeting certain concurrency requirements 31 of the Growth Management Plan for Collier County. 32 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF 33 COLLIER COUNTY, FLORIDA, that: 34 1. The Board has considered the environmental factors, safety factors and fiscal considerations 35 relating to the final adopted location of the transportation improvements and related facilities. 36 2. The sidewalk, drainage, slope, maintenance and temporary const ctjone Mi went UVC 37 identified on Exhibit "A" are the most feasible location, both necessary d con v�it t��ioject 38 requirements, in order to permit the construction and maintenance of th ransporta i' n ' aprov is L 39 and related facilities for the Immokalee Road Sidewalk Project, CIE No., 8. �g -Page 1- a� 1 40 3. The Board has determined that the construction and maintenance of the Immokalee Road 41 Sidewalk Project and related facilities are necessary for a public purpose and is in the best interest of 42 Collier County. 43 4. The construction and maintenance of the transportation improvements and related facilities are 44 compatible with the long range planning goals and objectives of the Growth Management Plan for 45 Collier County. 46 5. It is necessary and in the best interest of Collier County for the Board to acquire the sidewalk, 47 drainage, slope, maintenance and temporary construction interests by easement identified in Exhibit 48 "A "; and County Staff is hereby authorized and directed to acquire by gift the perpetual, 49 non - exclusive, sidewalk, drainage, slope, maintenance and temporary construction interests by 50 easement on the property identified in Exhibit "A ". 51 6. Upon the approval by the County Attorney's Office of all documents deemed necessary for the 52 subject property acquisition as deemed appropriate in order to protect the interests of the County, the 53 Board hereby authorizes its present Chairman and any subsequent Chairman, for the life of the Project, 54 to execute any instruments which have been approved by the Office of the County Attorney, to remove 55 the lien of any encumbrance and for any such other purpose as may be required for the easement 56 interests. 57 7. All title to properties or interests in properties which have been obtained in the manner 58 described above shall be deemed "accepted" by the Board of County Commissioners, as the governing 59 body of Collier County, Florida, a political subdivision of the State of Florida, and as such, staff is 6o hereby authorized to record in the Public Records of Collier County, Florida, said easements or fee 61 simple title and such other instruments as may be required to remove the lien of any encumbrance from 62 the acquired properties. 63 THIS RESOLUTION ADOPTED on this _ day of , 2000, after motion, 64 second and majority vote. 65 66 67 BOARD OF COUNTY COMMISSIONERS OF 68 COLLIER COUNTY, FLORIDA 69 ATTEST: 7o DWIGHT E. BROCK, CLERK 71 By: 72 JAMES D. CARTER, Ph.D., CHAIRMAN 73 74 75 76 77 - Approved as to form and A �M 78 legal sufficiency:• 79 80 NOY 14 2000 81 82 Heidi F. Ashton 83 Assistant County Attorney t 8 -Page 2- PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 SKETCH OF DESCRIPTION NOT A SURVEY EX �M--� PROJECT NO ...............69101 PARCEL NOS. 617 & 617 FOLIO NO............ 001950 S C-W 3 Sidewalk, Slope, Drainage easeme313, IMMOKALEE ROAD (C.R. 846) o 100' R1W EXISTING RM LINE — o 330' _ PARCEL A17 S{pEWAL1C EASEMENT TY PARCEL B17 SLOPE & DRAINAGE EASEMENT WEST HALF, NORTHWEST 1/4, NORTHEAST 1/4, NORTHWEST 114 SEC.28,TWP. 48S, RGE. 26 E. DESCRIPTION (PARCEL 617) THE SOUTH 15 FEET OF THE NORTH 165 OF THE WEST HALF OF THE NORTHWEST QUARTER OF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONTAINING 4952 SQUARE FEET OR A 14 ACRES DESCRIPTION (PARCEL 817) THE SOUTH 15 FEET OF THE NORTH 180 OF THE WEST HALF OF THE NORTHWEST QUARTER OF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, �nasa CONTAINING 4952 SQUARE FEET OR. 114 ACRES a It�s� AGbinA rnfu i GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING PREPARED BY 3) SEC. = SECTION G 4) TWP. = TOWNSHIP 5) RGE. = RANGE 6) R/W = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NOV 14 2000 6• ..................... ...................DATE..l.,••i GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR -FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 NOT TO SCALE I AUGUST 21, 204 IMR113 I SHEET 1 OF 1 s PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 SKETCH OF DESCRIPTION NOT A SURVEY ._ 1 �yyytltl��dU+ P "1 PARCEL NOS. 18 & 818 PROJECT NO............... �� -- 618 &818 FOLIO NO............ CDO 19 L4 q U (DW 1 Sidewalk, Slope, Draina q a — — — easement 330.13' — — IMMOKALEE ROAD (C.R. 846) c 100' R \W EXISTING R \W LINE- 330' PARCEL BIB SIDEWALK EASEMENT PARCEL 818 SLOPE 8 DRAINZE EASEMENT EAST HALF, NORTHWEST 1/4, NORTHEAST 1/4, NORTHWEST 1/ SEC.28,TWP. 48S, RGE. 26 E. DESCRIPTION (PARCEL 618) THE SOUTH 8 FEET OF THE NORTH 158 OF THE EAST HALF OF THE NORTHWEST QUARTER OF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. CONTAINING 2641 SQUARE FEET OR .061 ACRES DESCRIPTION (PARCEL 818) THE SOUTH 15 FEET OF THE NORTH 173 OF THE EAST HALF OF THE NORTHWEST QUARTER OF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. CONTAINING 4952 SQUARE FEET OR A14 ACRES %i[3itLk A Dirlc&a GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING PREPARED BY 3) SEC. = SECTION G 4) TWP. = TOWNSHIP 5) RGE. = RANGE 6) R/W = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NOT TO SCALE I AUGUST 21, NOV 14 2000 9- 1 .......... .....................:.DATE.... ...'.7. o � fr GEORGE R. RICHMOND PROFESSIONAL LAJJD SURVEYOR -FL. REG. # 2408 PUBLIC WORKS ENGINEERING DEPT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 IMR113 SHEET 1 OF 1 Aft PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 SKETCH OF DESCRIPTION EXHW-a=. NOT A SURVEY _sue _y PROJECT NO ...............69101 Sidewalk, Slope, Drainage easement 330.13' EXISTING RAW LINE PARCEL NOS. 619 & 819 nN��7 FOLIO NO............ �Q I C1 ,51EN dW 1 IMMOKALEE ROAD (C.R. 846) o 100' R1W 1 330' PARCEL 878 SIDEWALK EASEMENT PARCEL e7B SLOPE 6 DRAINAGE EASEMENT WEST HALF, NORTHEAST 114, NORTHEAST 1/4, NORTHWEST 1 SEC.28,TWP. 48S, RGE. 26 E. DESCRIPTION (PARCEL 619) THE SOUTH 8 FEET OF THE NORTH 158 OF THE WEST HALF OF THE NORTHEAST QUARTER OF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. CONTAINING 2641 SQUARE FEET OR .661 ACRES DESCRIPTION (PARCEL 819) THE SOUTH 15 FEET OF THE NORTH 173 OF THE WEST HALF OF THE NORTHEAST QUARTER OF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. CONTAINING 4952 SQUARE FEET OR A 14 ACRES GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING PREPARED BY 3) SEC. = SECTION G 4) TWP. = TOWNSHIP 5) RGE. = RANGE 6) R!W = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NOY 14 2000 GEORGE R. RICHMOND .PROFESSIONAL LAND SURVEYOR -FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 NOT TO SCALE I AUGUST 21.200 IMR113 I SHEET i OF 1 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ...............69101 EXII PARC& NOS. 620 & 820 FOLIO NO............ 001Q5IAO Wa-- Sidewalk, Slope, Drainage, Easement 330.13' - - — - — - — - — - — - — - — - — - — - — - — , — — EXISTING R1W LINE IMMOKALEE ROAD (C.R. 846) c 1 00' R1W 0 In i 330' PARCEL 620 SIDEWALK EASEMENT PARCEL 820 SLOPE & DRAINZFE EASEMENT EAST HALF, NORTHEAST 1/4, NORTHEAST 114, NORTHWEST 1 SEC.28,TWP. 48S, RGE. 26 E. DESCRIPTION (PARCEL 620) THE SOUTH 15 FEET OF THE NORTH 165 OF THE EAST HALF OF THE NORTHEAST QUARTER OF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. CONTAINING 4952 SQUARE FEET OR A 14 ACRES DESCRIPTION (PARCEL 820) THE SOUTH 15 FEET OF THE NORTH 180 OF THE EAST HALF OF THE NORTHEAST QUARTER OF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUART. , OF SECTION 28, TIPWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. CONTAINING 4952 SQUARE FEET OR .114 ACRES GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING PREPARED BY 3) SEC. = SECTION 4) TWP. =TOWNSHIP 5)'RGE. = RANGE 6) R/W = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL. LAND SURVEYOR DRAWN BY ICKECKEDBY I SCALE I DATE NOT TO SCALE I AUGUST 21, NOY 14 GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR -FL. REG. 112406 PUBLIC WORKS ENGINEERING DEPT. COWER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 IMR113 SHEET 1 OF 1 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 SKETCH OF DESCRIPTION �� NOT A SURVEY PROJECT NO ................69101 PARCEL NOS......... 622 & 822 P£I¢9Q1_.�..� —L2-- FOLIO NO ........... 00194800006 a. DESCRIPTION PARCEL 622: w 0 THE SOUTH 15 FEET OF THE NORTH 180 FEET OF THE WEST 367.56 FEET OF THE EAST 1980.89 FEET; AND THE SOUTH 15 FEET OF THE NORTH 165 FEET OF THE WEST 591.54 FEET OF THE EAST 1628,33 FEET; AND THE SOUTH 15 FEET OF THE NORTH 175 FEET OF THE WEST 991.79 FEET OF THE EAST 1051.79 FEET; AND THE SOUTH 15 FEET OF THE NORTH 165 FEET OF THE EAST 75 FEET OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. CONTAINING 30,388 SQUARE FEET OR 0.698 ACRES MORE OR LESS. DESCRIPTION PARCEL 822 THE SOUTH 15 FEET OF THE NORTH 195 FEET OF THE WEST 382.56 FEET OF THE EAST 1980.89 FEET; AND THE SOUTH 15 FEET OF THE NORTH 180 FEET OF THE WEST 561.54 FEET OF THE EAST 1613.33 FEET; AND THE SOUTH 15 FEET OF THE NORTH 190 FEET OF THE WEST 1021.79 FEET OF THE EAST 1066.79 FEET; AND THE SOUTH 15 FEET OF THE NORTH 180 FEET OF THE EAST 60 FEET OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 48 SOUTH, S R COUNTY, FLORIDA. CONTAINING 30,388 SQUARE FEET OR 0.698 ACREE 01�► �;17��jIy GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING PREPARED 3) SEC. = SECTION 4j WP. = TOWNSHIP 5) RGE. = RANGE 6) R/W = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR BY NOT TO SCALE I AUGUST 8, 20M NOV 14 2000 GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR -FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 IMR122SW I SHEET 1 OF 1 NORTHEAST CORNER SEC. 28, TWP. 48,RGE. 26E, Sidewalk, Slope, Drainage, Easement COLLIER COUNTY, FLORIDA. — - -- ------ - -- --- 1980- - — - — - — - — - — - — - — - — - — - —� IMMOKALEE ROAD C.R. 846 (100' R \W) o I I PARCEL 622 15' N 89° 16'32"W — ..5�1.54T.. 591.54' 101, _.. —. -10 961.79' 0 LO 75' `y-6br 4 ' 531.54' 15' �0 PAR EL 822 0 a. DESCRIPTION PARCEL 622: w 0 THE SOUTH 15 FEET OF THE NORTH 180 FEET OF THE WEST 367.56 FEET OF THE EAST 1980.89 FEET; AND THE SOUTH 15 FEET OF THE NORTH 165 FEET OF THE WEST 591.54 FEET OF THE EAST 1628,33 FEET; AND THE SOUTH 15 FEET OF THE NORTH 175 FEET OF THE WEST 991.79 FEET OF THE EAST 1051.79 FEET; AND THE SOUTH 15 FEET OF THE NORTH 165 FEET OF THE EAST 75 FEET OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. CONTAINING 30,388 SQUARE FEET OR 0.698 ACRES MORE OR LESS. DESCRIPTION PARCEL 822 THE SOUTH 15 FEET OF THE NORTH 195 FEET OF THE WEST 382.56 FEET OF THE EAST 1980.89 FEET; AND THE SOUTH 15 FEET OF THE NORTH 180 FEET OF THE WEST 561.54 FEET OF THE EAST 1613.33 FEET; AND THE SOUTH 15 FEET OF THE NORTH 190 FEET OF THE WEST 1021.79 FEET OF THE EAST 1066.79 FEET; AND THE SOUTH 15 FEET OF THE NORTH 180 FEET OF THE EAST 60 FEET OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 48 SOUTH, S R COUNTY, FLORIDA. CONTAINING 30,388 SQUARE FEET OR 0.698 ACREE 01�► �;17��jIy GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING PREPARED 3) SEC. = SECTION 4j WP. = TOWNSHIP 5) RGE. = RANGE 6) R/W = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR BY NOT TO SCALE I AUGUST 8, 20M NOV 14 2000 GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR -FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 IMR122SW I SHEET 1 OF 1 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAM IAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 SKETCH OF DESCRIPTION Ei NOT A SURVEY paw PROJECT NO ...............69101 PARCEL NOS. 623 & 823 FOLIO NO............ D 194A 4 o()M Sidewalk, Slope, Drainage Easement 660.26' EXISTING R1W LINE IMMOKALEE ROAD (C.R. 846) $ 1 00' R1W N A. 660' _ PARCEL 823 SIDEWALK EASEMENT PARCEL 823 SLOPE & DRAINAGE EASEMENT WEST 1/2, WEST 1/2, NORTHWEST 1/4 SEC.27,TWP. 48S, RGE. 26 E. DESCRIPTION (PARCEL 623) THE SOUTH 9 FEET OF THE NORTH 159 OF THE WEST HALF OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. CONTAINING 5942 SQUARE FEET OR .136 ACRES DESCRIPTION (PARCEL 824) THE SOUTH 15 FEET OF THE NORTH 174 OF THE WEST HALF OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. CONTAINING 9904 SQUARE ffn-1i"f GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING PREPARED BY 3) SEC. = SECTION 4) TWP. = TOWNSHIP 5) "RGE. = RANGE 6) R/W = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NOT TO SCALE I AUGUST 21, NOV 14 2000 .... ".7...L....: ...."".'........DATE.. ? /..` Y.rr GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR -FL. REG. 112406 PUBLIC WORKS ENGINEERING DEPT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 IMR113 SHEET 1 OF 1 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 SKETCH OF DESCRIPTION NOT A SURVEY x� PROJECT NO ...............69101 Pow-3--of PARCEL NOS. 624 & 824 FOLIO NO........... 00 i9 3q 01-OMO Sidewalk, Slope, Drainage Easement EXISTING R\W LINE 660.26' IMMOKALEE ROAD (C.R. 846) S 100' R1W 660' PARCEL 624 SIDEWALK EASEMENT PARCEL 624 SLOPE d DRAINAGE EASEMENT EAST 1/2, WEST 1/2, NORTHWEST 1/4 SEC.27,TWP. 48S, RGE. 26 E. DESCRIPTION (PARCEL 624) THE SOUTH 9 FEET OF THE NORTH 159 OF THE EAST HALF OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. CONTAINING 5942 SQUARE FEET OR .136 ACRES DESCRIPTION (PARCEL 824) THE SOUTH 15 FEET OF THE NORTH 174 OF THE EAST HALF OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. CONTAINING 9904 SQUAB& -JZX Q � GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING PREPARED BY 3) SEC. = SECTION • 4) TWP. = TOWNSHIP 5) RGE. = RANGE 6) R/W = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR DRAWN BY ICHECKID BY I SCALE IDATE NOT TO SCALE I JULY 27, 2000 NOV 14 2000 GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR -FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 IMR113 SHEET 1 OF 1 R AV% r Sidewalk, Slope, Drainage Easement NORTI1 LINE SEC. 27 S 89-16-56"E 1320.44' \ -- -- ---- ------ - -- -- -- \ - - - -- r PARCEL 625A 0 t° IMMOKALEE ROAD C.R. 846 P.O.C. N.W. COR. SEC. 27, ) TWP. 46 S, RGE. 26 E. S 89'16'561:- 195.D7' -' 9.01' —.. _.. _ P.O.B. PARCEL 625A/w N 09 °16'56 "W 9.00' 15.01' . P. B. PARCEL 025A zi 7.34' _ N 89°1656 "W �' 193.91' ^' PARCEL O�A v - Curve Della An le R d' PARCEL 625A S 0'47',19 "W C'1 16.34' 7.66' 1 2 °g6'�I4 "� a (is Alc Tangent Chord Chord Bearing 1513.00 7.66 3.03 7.66 S 2 °1'1' 1 '1" W COMMENCING AT 1'llE NORTIM'ST CORNER Oil SECTION 27, TOWN$I IIP 48 SOUTH, RANGE 26 EAST, COLLIER COLIN "1'Y, FLORIDA;'I1IENCE SOUTH 89 DEGREES 16 MINUTES 56 SECONDS EAST ALONG THE NORTH LINO OF SAID SECTION 27, A IIISTANCE OF 1320.44 PEE'T; TI II?NCE SOUTII 01 DEGRCES 31 MINUTES 14 SECONDS EAST, A DIS'T'ANCE OP 150.11 F&T TO TI IL' POINT OF DCGINNINO; '1'1IENCE SOUTH 89 DEGREES 16 MINUTES 56 SECONDS EAST, A D1ST'ANC13 OF 195.07 FEET; TIIENCE SOUT110 DEGILEES 47 MINUTES 49 SECONDS WEST, A DISTANCE 01' 9.00 FEET; TIIENCE NORTH 89 DEGRI!ES 16 MINUTES 56 SECONDS wi -,s ', A DIS'T'ANCE OF 194,71 FELT; TlIENCC NORTH I DECRCE 31 MINUTES 14 SECONDS WEST, A DISTANCE OP 9.01 PEI: f'I'O'TI IE POINT OF DEOINNINO; SAID DESCRIBED'ntACT CON'T'AINING 0.040 ACRE (1,754 SQUARE PEED, MORE Olt LESS. PARCEL 825A COMMENCING AT THE NORTHWEST CORNER OF SECTION 27, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA;71IENCE SOUTH 89 DEGREES 16 MINUTES 56 SECONDS EAST ALONG THE NORTI I LINE OF SAID SECTION 27, A DISTANCE OF 1320.44 FEET; THENCE SOUTH 01 DEGREES 31 MINUTES 14 SECONDS EAST, A DISTANCE OF 159.12 FEE"1' TO THE POINT OF BEGINNING; THENCE SOUTI189 DEGREES 16 MINUTES 56 SECONDS EAST, A DISTANCE OF 194.71 FEET; TIIENCE SOUTH 0 DEGREES 41 MINUTES 49 SECONDS WEST, A DISTANCE OF 7.34 FEET TO TI IE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE WEST, HAVING A RADIUS OF 158.00 FEET AND A CENTRAL ANGLE OF 2 DEGREES 46 MINUTES 44 SECONDS; THENCE SOUTH ALONG SAID CURVE, A DISTANCE OF 7.66 FEET; THENCE NORTH 89 DEGREES 16 MINUTES 56 SECONDS WEST', A DISTANCE OF 193.91 FEET; THENCE NORTH I DEGREE 31 MINUTES 14 SECONDS WEST, A DISTANCE OF 15.01 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACTCONTAINING 0.067 ACRE (2,916 SQUARE FEET), MORE OR LESS. GENE-RALNOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.U.D. = POINT OF BEGINNING 3) SEC. = SECTION 4). TWP. = TOWNSIIIP 5)'RGE. - RANGE 6) R/W = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THE=REOF 0) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NOV I i 2000 BR9- GEORGE R. RICHMOND P.L.S. 1106 COLLIER COUNTY PUBLIC WORKS 3301 E. TAMIAMI TRAIL NAPLES, FLORIDA 34112 NOT TO SCALE I AUGUST 23, 2000 I IMR625A , I SHEET 1 OF 1 POW_ -...� Sidewalk, slope, drainage easement IMMOKALEE ROAD (C.R.846) PARCEL 625 s6.4r4s•w fflu N 89 °16' 6 "W 11 5 �n 16.34' N 89 °16'56 "W 1126.56' PARCEL 25 Curve Delta Angle Radius Arc Tangent Chord 1 37 °14'04" 158.00 102.68 53.23 100.88 2 2 °46'44" 150.00 7.66 3.83 7.66 PARCEL 625 - S 1 °31'21 "E 150.11' — P.O.B.62E Chord Bearing S 19 °24'51" W S 2 °11'11" W P.O.B PARCEL 625COMMENCING ATTIIE NORTH QUARTER CORNER OF SECTION 27, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; TIIENCE SOUTH I DEGREE 31 MINUTES 21 SECONDS EAST, A DISTANCE OF 150.11 FEET TO THE SOUTH RIGIIT OF WAY LINE OF IMMOKALEE ROAD AND TO THE POINT OF BEGINNING;'1 HENCE NORTH 89 DEGREES 16 MINUTES 56 SECONDS WEST ALONG SAID SOUTII RIGHT OF WAY LINE, A DISTANCE OF 1125.40 FEET; THENCE SOUTH 0 DEGREES 47 MINUTES 49 SECONDS WEST, A DISTANCE OF 9.00 FEET; THENCE SOUTH 89 DEGREI3S 16 MINUTES 56 SECONDS EAST, A DISTANCE OF 1125.76 FEET; THENCE NORTH I DEGREE 31 MINUTES 21 SECONDS WEST, A DISTANCE- OF 9.01 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0.233 ACRE (10,130 SQUARE FEET), MORE OR LESS. PARCEL 825 COMMENCING AT THE NORTH QUARTER CORNER OF SECTION 27, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY,FLORIDA; THENCE SOUTH 1 DEGREE 31 MINUTES 21 SECONDS EAST, A DISTANCE OF 159.12 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 16 MINUTES 56 SECONDS WEST, A DISTANCE OF 1125.76 FEET; THENCE SOUTH 00 DEGREES 47 MINUTES 49 SECONDS WEST A DISTANCE OF 7.34 FEET TO THE POINT OF CURVATURE OF A TANGENTIAL CURVE, CONCAVE TO THE WEST, HAVING A RADIUS OF 158.00 FEET, A CENTRAL ANGLE OF 2 DEGREES 46 MINUTES 44 SECONDS, AND A CHORD OF 7.66 FEET BEARING SOUTH 2 DEGREES I I MINUTES 11 SECONDS WEST; THENCE SOUTH ALONG SAID CURVE, A DISTANCE OF 7.66 FEET; THENCE SOUTH 89 DEGREES 16 MINUTES 56 SECONDS EAST, A DISTANCE OF 1126.56 FEET; THENCE NORThI 1 DEGREE 31 MINUTES 21 SECONDS WEST, A DISTANCE OF 15.01 FEET TO TIIE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0.388 ACRE (16,891 SQUARE FEET), MYRN OR GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.O. = POINT OF BEGINNING 3) SEC. = SECTION 4) 1 WP. TOWNSHIP 5) RGE. = RANGE 6) R/W - RIGI IT OF WAY 7) ALL Dl$TANCES ARE IN FEET AND DECIMALS THEREOF 0) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NOV 1 A 2000 PRE PA E B'f:9- - - - -- --------- - - -- -- --- -- - - -I0 13 GEORGE R. RICHMOND P.L.S. 2406 COLLIER COUNTY PUBLIC WORKS 3.301 E. TAMIAMI TRAIL NAPLES, FLORIDA 34112 LE WTE NOT TO SCALE AUGUST 0, 2000 I(��0�w SHEET 1 OF i 27 Sidewalk, slope, drainage easement LEGAL DESCRIPTION BEING PART OF TRACT 10, PEBBLEBROOKE LAKES, LYING IN SECTION 27 TOWNSI IIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA. A 55�- NOY 14 2000 Pg. ff G27 A PROJECT 6G In I PARCEL (n_'L`l R FOLIO <,cal�2 >� �ig&5 A PARTOF TRACT 10, PEBBLEBROOKE LAKES AS RECORDED IN PLAT BOOK 30, PAGES 4 -12, PUBLIC RECORDS COLLIER COUN'T'Y FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF TRACT 10, PEBBLEBROOKE LAKES AS RECORDED IN PLAT BOOK 30, PAGES 4 -12, PUBLIC RECORDS COLLIER COUNTY FLORIDA; THENCE N.89 °10'56 "W., ALONG THE COMMON LINE OF SAID TRACT 10 AND TRACT R -1 OF SAID PEBBLEBROOKE LAKES FOR 113.75 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED SIDEWALK EASEMENT; THENCE CONTINUE N.89 °10'56 "W. ALONG SAID LINE, FOR 446.10 FEET; THENCE S.23 003'27 "W., 2.15 FEET; THENCE S.89 °10'06 "E., FOR 44.98 FEET TO A POINT OF CURVE TO THE RIGHT HAVING A RADIUS OF 498.00 FEET, A CENTRAL ANGLE OF 06 °16'41 ", AND A CHORD BEARING OF S.86 °01'46 "E., FOR 54.54 FEET; THENCE EASTERLY ALONG THE ARC A DISTANCE OF 54.57 FEET TO A POINT OF REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 502.00 FEET AND A CENTRAL ANGLE 01' 06017'34" AND A CHORD BEARING OF S.86 °02'12 "E. FOR 55.11 FEET; THENCE EASTERLY ALONG THE ARC, A DISTANCE OF 55.13 FEET; THENCE S.89 010'59 "E., FOR 20.64 FEET TO A POINT OF CURVE TO THE LEFT IIAVING A RADIUS OF 502.00 FEET, A CENTRAL ANGLE OF 06 °16'51 ", AND A CHORD BEARING OF N.87 °40'36 "E., FOR 55.00 FEET THENCE EASTERLY ALONG THE ARC A DISTANCE OF 55.03 FEET TO A POINT OF REVERSE CURVE TO THE RIGHT IIAVING A RADIUS OF 498.00 FEET AND A CENTRAL ANGLE OF 05 033'33" AND A CI IORD BEARING OF N.87° 18'57 "E. FOR 48.30 FEET; THENCE EASTERLY ALONG TILE ARC, A DISTANCE OF 48.32 FEET TO A POINT OF COMPOUND CURVE TO THE RIGHT l IAVING A RADIUS OF 198.00 FEET AND A CENTRAL ANGLE OF 12 053'03" AND I IAVING A CI IORD BL'•RAING 01' S.83 °27'46 "E. FOR 44.43 FEET; THENCE EASTERLY ALONG TI IE ARC, A DISTANCE OF 44.52 FEET TO A POINT 01' REVERSE CURVE TO TI IE LEFT HAVING A RADIUS OF 202.00 FEET AND A CENTRAL ANGLE OF 12 °09'45" AND A CI IORD BEAIZING OF S.83 006'07 "E. FOR 42.80 FEET; THENCE EASTERLY ALONG THE ARC, A DISTANCE OF 42.88 FEET; THENCE S.890 10'59 "E., FOR 43.62 FEET TO A POINT OF CURVE TO THE LEFT HAVING A RADIUS OF 52.00 FEET, A CENTRAL ANGLE OF 28-11-00", AND A CHORD BEARING OF N.76 043'31 "E., FOR 25.32 FEET; THENCE EASTERLY ALONG THE ARC A DIS'T'ANCE OF 25.58 FEET TO A POINT OF REVERSE CURVE TO THE RIGHT IIAVING A RADIUS OF 48.00 FEET AND A 1 OF 3 [ L.rR � _ CENTRAL ANGLE OF 1702707" AND A CHORD BEARING OF N.71 °21'35 "E. FOR 14.56 FEET; THENCE EASTERLY ALONG THE ARC, A DISTANCE OF 14.62 FEET TO THE POINT OF BEGINNING. CONTAINING 2,628 SQUARE FEET OR 0.06 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE NORTI I LINE OF SAID TRACT 10, PEBBLEBROOKE LAKES, AS BEING N.89 °10'56" E. RWA SURVEYING, INC. LAND SURVEYORS AND MAPPERS 3050 NORTH I IORSESHOE DRIVE SUITE 270 NAPLES, FLORIDA 34104 (941) 649 -1509 FLORIDA CERTIFICATE OF AUTHORIZATION #6952 BY: _ V/ "�--- DATE: </ G as l RICHARD V. NESTLER, PROFESSIONAL LAND SUR I:YOR LS8 4786 NOT VALID UNLESS PMBOSSED WITH TIIE PROFESSIONAL'S SEAL. REF. 99- 0226 -2S4 20F3 627 �} NOV 14 2000 Pa.A A • I r:xHlBgy-.L- paw-la�--La— 627- A COUNTY ROAD 951 W .. .............. — ............. . ...................{.. . .................. .... i U 60' WIDE ADDITIONAL R/W TRACT R -1 O PEBBLEBROOKE LAKES %': ' •�' ��' PUT BOOK 30, PACES 4 -12 OOOf ............._._..........._. _.. 1..........__..... ...- ..._.___. ............ ...... 0.UZ r' u t h .. Z. 4404 Y K mti W LD mS 00 S Z, U ° � p u it Q O r +- D- ,r rz Q r4 Y � N + u m u o a cO W+ NI W ql Wa 3 s�g� � as /� RWA SURVEYING, INC. FLORIDA CERTIFICATE OF AUTHORIZATION LB j 6952 0 40 80 GRAPHIC I "= 80' l RICHARD V. ESTLER, ROFESSIONAI LAND SURVEYOR 4 >88 DATE: U Z¢ p� NOT VALID WITIK)UT THE SIGNATURE AND THE ANGINAL RAISED SEAL OF A FLORIDA .LICENSED SURVEYOR AND MAPPER INQ SUILVEV IN G P'L. 7 V.& 3650 Nash Hmuhw Drs, bulb 270 Not. FloAdo 31101 (91111619 509 FAX: (911) 640.n?M EMAII: www.00nwN- rw�.00m U n O N h Z. o00 °>nrra m � � = J W AGEI L� �-_Now No NOV 14 2000 R/W RIGHT OF WAY * SEE SHEET 1 OF 3 FOR LEGAL DESCRIPTION B -23 -00 CLIENT: w—": REGENCY REALTY CORPORATION 1 " -Bo' DRUM RVN TITLE: SKETCH AND DESCRIPTION OF SIDEWALK EASEMENT "A BEING PART OF OF TRACT 10, PEBBLEBROOKE LAKES, PLAT BOOK 30, CNECOD m PAGES 4 -12, OF COLLIER COUNTY, FLORIDA. RVN 7tU TN; IIDG PROJECT — n SHEET _ _ _ FILE 7 7 — 7 C JA a � �___ .a y, Sidewalk, slope, drainage easement Co Z7 B LEGAL DESCRIPTION PROJECT 1Q_ 1,r BEING PART OF TRACT 10, PARCEL PEBBLEBROOKE LAKES, LYING IN SECTION 27 FOLIO TOWNSIIIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA. A PART OF TRACT 10, PEBBLEBROOKE LAKES AS RECORDED IN PLAT BOOK 30, PAGES 4 -12, PUBLIC RECORDS COLLIER COUNTY FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF TRACT 10, PEBBLEBROOKE LAKES AS RECORDED IN PLAT BOOK 30, PAGES 4 -12, PUBLIC RECORDS COLLIER COUNTY FLORIDA; THENCE S.01'28'4 I "E ALONG TI IE COMMON LINE OF SAID TRACT 10 AND TRACT R -I OF SAID PEBBLEBROOKE LAKES FOR 50.00 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED SIDEWALK EASEMENT; THENCE S.0I °27'39 "E., FOR 13.86 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE LEFT, OF WHICH THE RADIUS POINT LIES S.74 °29'31 "W., A RADIUS DISTANCE OF 48.00 FEET AND HAVING A CHORD BEARING OF N.30 °50'44 "W., FOR 25.43 FEET; TI IENCE NORTHWESTERLY ALONG TI IE ARC, THROUGI I A CENTRAL ANGLE OF 30 °42'58 ", A DISTANCE OF 25.73 FEET; THENCE S.57 °49'50 "E., FOR 14.98 FEET TO THE POINT OF BEGINNING. CONTAINING 57 SQUARE FEET, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE EAST LINE OF SAID TRACT 10, PEBBLEBROOKE LAKES, AS BEING S.01 °28'41" E. RWA SURVEYING, INC. EYGE LAND SURVEYORS AND MAPPERS NO 3050 NORTH HORSESHOE DRIVE ! /� SUITE 270 f 4 �1�® NAPLES, FLORIDA 34104 (941) 649 -1509 FLORIDA CERTIFICATE OF AUTI IORIZATION #6952 lf BY:___j`�� /"� DA1'C: cep RICHARD V. NESTLER, PROFESSIONAL LAND SURYEY09 LS# 4786 NOT VALID UNLESS EMBOSSED WITI I THE PROFESSIONAL'S SEAL. REF. 99- 0226 -2S5 I OF 2 IMMOKALEE ROAD (C.R. 846) LINE POINT OF COMMENCEMENT I BEARING L1 :NORTHEAST CORNER .... ...._ L2 j ' 1RACT 10 50' WIDE ADDITIONAL R f W 30'42'58" I^ TRACT R -1 PEBBLEBROOKE LAKES PLAT BOOK 30, PAGES 4 -12 \ w o v 0: co N POINT OF BEGINNING z z w J 2 .- 1 Ex _ ZD z TRACT 10 PEBBLEBROOKE LAKES a w J^ ; n zoo 0 PLAT BOOK 30, PAGES 4 -12 w U 0 0 < ". In U E Z .,.�. 0 U LINE TABLE LINE LENGTH I BEARING L1 13.86 I SO1'28'41 "E L2 14.98 357'49'30 "E CURVE TABLE i CURVE I LENGTH I RADIUS DELTA I CB CD Cl 1 25.73 1 48.00 30'42'58" 1 N30'50'44 "W 1 25.43 RWA SURVEYING, INC. FLORIDA CERTIFICATE OF AUTHORIZATION LBI 6952 N 3 I UJ Y N a �wo z a O I w 0_ Em o pU 0: i M Y L1 J 0 mm wF 0 30 60 6 GRAPHIC SCALE 1 "= 60' A NOV 14 20M pg. _ (I T) A FIL ,,L TAT - RVEYTh1G v T1 .1 30M Nash Honwhw DrNe. Suke 270 N 11 Fblido 94104 (941 6/F 309 FAX: (941)649 -7099 -MN: www.aw mgwLcwn * SEE SHEET 1 OF 2 FOR LEGAL DESCRIPTION B 23 -00 CLIENT: REGENCY REALTY CORPORATION I s OU 1gAM Iw' TITLE: SKETCH AND DESCRIPTION OF SIDEWALK EASEMENT "B BEING RVN PART OF OF TRACT 10, PEBBLEBROOKE LAKES. PLAT BOOK 30, .EUrzo o, PAGES 4-12, OF COLLIER COUNTY, FLORIDA. RVN 27 45 I26 PROJECT 99 -0226 NUMBER: _._ I FILE _ ..___..__.2 27 46 26 NUMBER: 2 OF 2 ►Aww�r+• 226-2 DATE: R/W RIGHT OF WAY RICHARD V. NCSTLER, PROFESSIONAL LAND SURVEYOR 14786 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER FIL ,,L TAT - RVEYTh1G v T1 .1 30M Nash Honwhw DrNe. Suke 270 N 11 Fblido 94104 (941 6/F 309 FAX: (941)649 -7099 -MN: www.aw mgwLcwn * SEE SHEET 1 OF 2 FOR LEGAL DESCRIPTION B 23 -00 CLIENT: REGENCY REALTY CORPORATION I s OU 1gAM Iw' TITLE: SKETCH AND DESCRIPTION OF SIDEWALK EASEMENT "B BEING RVN PART OF OF TRACT 10, PEBBLEBROOKE LAKES. PLAT BOOK 30, .EUrzo o, PAGES 4-12, OF COLLIER COUNTY, FLORIDA. RVN 27 45 I26 PROJECT 99 -0226 NUMBER: _._ I FILE _ ..___..__.2 27 46 26 NUMBER: 2 OF 2 ►Aww�r+• 226-2 EX _! Pam Sidewalk, slope, drainage easement % Z 7 G LEGAL DESCRIPTION PROJECT 10 I BEING PART OF TRACT 10, PEBBLEBROOKE LAKES, PARCEL LYING IN SECTION 27 FOLIO �n/n'1 %n 9rYlZI.SCr. TOWNSf111' 48 SOUTI1, RANGE 26 EAST, COLLIER COUNTY FLORIDA. A PART OF TRACT 10, PEBBLEBROOKE LAKES AS RECORDED IN PLAT BOOK 30, PAGES 4 -12, PUBLIC RECORDS COLLIER COUNTY FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF TRACT 10, PEBBLEBROOKE LAKES AS RECORDED IN PLAT BOOK 30, PAGES 4 -12, PUBLIC RECORDS COLLIER COUNTY FLORIDA; THENCE S,01 °28'4VE., ALONG THE COMMON LINE OF SAID TRACT 10 AND TRACT R- I OF SAID PEBBLEBROOKE LAKES FOR 87.32 FEET TO THE POINT OF BEGINNING OF TI IE FOLLOWING DESCRIBED SIDEWALK EASEMENT; THENCE S. 10001'07"W.. FOR 34.92 FEET TO A POINT OF CURVE TO THE LEFT HAVING A RADIUS OF 52.00 FEET, A CENTRAL ANGLE OF 11 °29'50 ", AND A CHORD BEARING OF S.04 °16'12 "W., 10.42 FEET; THENCE SOUTHERLY ALONG THE ARC A DISTANCE OF 10.43 FEET; THENCE S.01 °28'42 "E., FOR 52.65 FEET TO A POINT OF CURVE TO THE LEFT HAVING A RADIUS OF 52.00 FEET, A CENTRAL. ANGLE OF 13 152139 ", AND A CHORD BEARING OF S.08 °25'02 "E., 12.56 FEET; THENCE SOUTHERLY ALONG TI IE ARC A DISTANCE OF 12.59 FEET; THENCE S. l5 °21'21 "E., FOR 12.85 FEET TO A POINT OF CURVE TO TI IE RIGHT I LAVING A RADIUS OF 48.00 FEET, A CENTRAL ANGLE OF 13 °52'39 ", AND A CHORD BEARING OF S.08 °25'02 "E., 11.60 FEET; THENCE SOUTHERLY ALONG THE ARC A DISTANCE OF 11.63 FEET; THENCE S.01 °28'42 "E., FOR 117.41 FEET TO A POINT OF CURVE TO THE RIGHT LAVING A RADIUS OF 48.00 FEET, A CENTRAL ANGLE 01'06050'37", AND A CHORD BEARING OF S.01 056'37 "W., 5.73 FEET; THENCE SOUTHERLY ALONG THE ARC A DISTANCE OF 5.73 FEET; TI IENCE S.05 °21'55 "W., FOR 41.39 FEET TO A POINT OF CURVE TO TI IE LEFT HAVING A RADIUS OF 102.00 FEET, A CENTRAL ANGLE OF 06 °50'37 ", AND A CIIORD BEARING OF S.0I'56'37 "W., 12.18 FEET; THENCE SOUTHERLY ALONG THE ARC A DISTANCE OF 12.18 FEET; THENCE S.01 °28'42 "E., FOR 80.65 FEET TO A POINT OF CURVE TO THE LEFT' HAVING A RADIUS OF 52.00 FEET, A CENTRAL ANGLE OF 26 °30'51 ", AND A CHORD BEARING OF S. 14044'08"E., 23.85 FEET; THENCE SOUTHERLY ALONG THE ARC A DISTANCE OF 24.06 FEET; THENCE S27 °59'32 "E., FOR 5.68 FEET TO SAID COMMON LINE; THENCE N.01 °28'41 "W. ALONG SAID COMMON LINE, FOR 419.02 FEET TO TIIE POINT OF BEGINNING. I of 3 NO J 9 4 2000 1 - EX Pw_.11 = 627 c1 CONTAINING 2,140 SQUARE I-,LET OR 0.05 A0VE2;,MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS 11 x':ECORD. BEARINGS ARE BASED ON THE EAST LINE OF SAM) `i RACT 10, PEBBLEBROOKE LAKES, AS BEING S.01 °26'41" r?.. RWA SURVEYING, INC. LAND SURVEYORS AND MAMIERS 3050 NORTH HORSESHOE DREyb SUITE 270 NAPLES, FLORIDA 34104 (941) 649-1509 FLORIDA CERTIFICA'T'E OF A4 J TI IORIZATIOIs' W^: 2 BY: _ r �_V /'l ✓ Ifs ;l' .: _� �� RICHARD V. NESTLER, PROFESSIONAL LAND S.l'JRVEYOR LS4 4786 NOT VALID UNLESS EMBOSSED WITH THE MtiFEVi'ONAL'S SEAL. REF. 99- 0226 -2S6 AG a E�IA ��. NOV I 9 A 2000 M 20173 Z 7 c, POINT OF IMMOKALEE ROAD (C.R. 846) NOOMMENCEORER ,} TRACT 10 ...................... ........... ......... .. I 50' WIDE ADDITIONAL R/W i TRACT R-1 PEBBLEBROOKE LAKES PLAT BOOK 30, PAGES 4 -12 w 0 30 60 C4 Q� GRAPHIC SCALE m: Cml Z 1 60' w POINT OF N 3 i BEGINNING a U TRACT 10 PEBBLEBROOKE LAKES z PLAT BOOK 30, PAGES 4 -12 0 Y J 3 0 u CURVE TABLE CURVE LENGTH RADIUS DELTA CB CD Cl 10.43 52.00 11'29'50" SO4'16'12 "W 10.42 C2 12.59 52.00 13'52'39" S08'25'021 12.56 C3 11.63 48.00 13'52'39" SOB'25'02 "E 11.60 C4 5.73 48.00 06'50'37" 501'56'37 "W 5.73 C5 12.18 102.00 06'50'37" 1 SO 1'56'37 "W 12.18 C6 24.06 52.00 26'30'51" I 514'44'08 "E 23.85 LINE TABLE LINE LENGTH BEARING L1 34.92 510'01'07 "W L2 52.65 501'28'42 E L3 12.85 515'21'21 "E L4 41.39 S05'2I'55 "W L5 5.68 527'59'32 "E a m,a In w rn zo ZO r4 N ZU FNID� Q ! 2000 O 0 v z .: . + O F .FND • - iu GATE: o O R(W RIGHT OF WAY N i U wa Y In a g0 SEE SHEET 1 OF 3 FOR LEGAL DESCRIPTION z- 8 -23 -00 CLIENT: REGENCY REALTY CORPORATION 01 a- IP14L RVEYING 1 . 60' 0 L) Cr SKETCH AND DESCRIPTION OF SIDEWALK EASEMENT "C'. BEING + 1RVN x t` 0 m 0 1 9050 Nord Hnwhm Oda, SWU 270 3 mm PAGES 4 -12. OF COLLIER COUNTY, FLORIDA. 0 w o; Lj 0 a N v a a SHEET 99 -0226 3 3 NUMBER: OF I ; (9411649-15= FA7L•(941)Mf -7056 �:w"�+ Aq� 27 46 26 N _ O � N CO N O z a In Iq 00 'E� r4 N FNID� Q ! 2000 RWA SURVEYING. INC. FLORIDA CERTIFICATE OF AUTHORIZATION LB/ 6952 . + F .FND • - GATE: o O R(W RIGHT OF WAY RICHARD V. NESTLFR, PROFESSIONAL LAND SURVEYOR 4786 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA 410ENSED SURVEYOR AND MAPPER * SEE SHEET 1 OF 3 FOR LEGAL DESCRIPTION % ANC / 8 -23 -00 CLIENT: REGENCY REALTY CORPORATION W.�U, IP14L RVEYING 1 . 60' TITLE' SKETCH AND DESCRIPTION OF SIDEWALK EASEMENT "C'. BEING + 1RVN PART OF OF TRACT 10, PEBBLEBROOKE LAKES. PLAT BOOK 30, am[u 4m 9050 Nord Hnwhm Oda, SWU 270 PAGES 4 -12. OF COLLIER COUNTY, FLORIDA. N.de.. FbM. 74104 RVN PROTECT NUMBER: SHEET 99 -0226 3 3 NUMBER: OF FIIE NUMBER: 226 -2S (9411649-15= FA7L•(941)Mf -7056 �:w"�+ Aq� 27 46 26 7Z! LEGAL DESCRIPTION P PROJECT BEING PART OF TRACT 10, P PARCEL _ PEBBLEBROOKE LAKES, F _ZI2 A PART OF TRACT 10, PEBBLEBROOKE LAKES AS RECORDED IN PLAT BOOK 30, PAGES 4 -12, PUBLIC RECORDS COLLIER COUNTY FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF TRACT 10, PEBBLEBROOKE LAKES AS RECORDED IN PLAT BOOK 30, PAGES 4 -12, PUBLIC RECORDS COLLIER COUNTY FLORIDA; THENCE N.89° 10'56 "W. ALONG THE COMMON LINE OF SAID TRACT 10 AND TRACT R -1 OF SAID PEBBLEBROOKE LAKES, FOR 80.00 FEET TO THE POINT OF BEGINNING OF TI IE FOLLOWING DESCRIBED 15' TEMPORARY CONSTRUCTION EASEMENT; THENCE CONTINUE N.89 °10'56 "W. ALONG SAID COMMON LINE, FOR 492.65 FEET; THENCE S.00 049'04 "W., FOR 15.00 FEET; THENCE S.89° 10'56 "E., FOR 488.44 FEET; THENCE S.57 °49'50 "E., FOR 83.78 FEET; THENCE S.01 °28'41 "E., FOR 463.30 FEET; THENCE N.88 °31'19 "E., FOR 15.00 FEET TO SAID COMMON LINE; THENCEN.01 °28'41 "W. ALONG SAID COMMON LINE, FOR 471.33 FEET; THENCE N.57 °49'50 "W.ALONG SAID COMMON LINE, FOR 96.02 FEET TO T] IE POINT OF BEGINNING. CONTAINING 15,716 SQUARE FEET OR 0.36 ACRES, MORE OR LESS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE NORTI I LINE OF SAID TRACT 10, PEBBLEBROOKE LAKES, AS BEING N.89° 10'56" E. RWA SURVEYING, INC. LAND SURVEYORS AND MAPPEItS AG Ao 3050 NORTH HORSES) JOE DRIVE ®• SUITE 270 p� NAPLES, FLORIDA 34104 utlOY 2000 (941) 649 -1509 FLORIDA CERT�IFICE`/fE OF`. U [ kIORIZATION k6952 pg. BY: _ -��^ '" +�'_. DATE: 2 cx:;, RICHARD V. N"ESTLER, WKISSIONAL LAND SURVEYOR LS# 4786 NOT VALID UNLESS 1"sMj30SCED WITH 1-1111 PROFESSIONAL'S SEAL. REF. 99- 0226.257, , I OF 2 #kl , MI ,Aill 6il ".. POINT OF IMMOKALEE ROAD (C.R. 846) BEGINNING . _ ....... ............................... I LINE BETWEEN 50' WIDE ADOITIONAL / R W TRACT R -t PfB &EBRDOKE LAKES T 10 & R -1 PUT BOOK 30, PAGES 4 -12 S 89' 10'56' E 488.44' 727 POINT OF COMMENCI ENT NORTHEAST CORNER TRACT 10 LS Q TRACT 10 Q 30 60 PEBBLEBROOKE LAKES PLAT BOOK 30, PAGES 4 -12 0 GRAPHIC SCALE n T 60' Q W v m ry 0 LINE TABLE LINE LENGTH BEARING L1 15.00 49'04 "W L2 83.78 S5 7'4 '50' L3 15.00 1'I `W L4 96.02 N 7'4 '50'W L5 80.00 S 9'10'56 "E RWA SURVEYING, INC. FLORIDA CERTIFICATE OF AUTHORIZATION LB/ 6952 RICHAR�NESTLER. PROFESSIONAL LAND SURVEYOR 14785 NOT VAUO WITHOUT, THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER TYT SURVl?YTNG \. • r S 3050 North Hm "hw Dove. SL& 270 NT", Florl4a 34104 Ia4I 549 NT", FW (941) 649-7056 -Max: ~.00rw*l &cola z w _zo J^ � ZU O44l J O Q U EO: :z n '.p U a 3 3 i Pa Y i M g i tit NOV 14 2000 PS. Xq L ,FND R/W RIGHT OF WAY * SEE SHEET 1 OF 2 FOR LEGAL DESCRIPTION * Wt. CLIENT: 8 -23 - 00 REGENCY REALTY CORPORATION 1' - 100' TITLE: SKETCH AND DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT, RVN BEING PART OF OF TRACT 10, PEBBLEBROOKE LAKES. PLAT BOOK cmiu n tm 30, PAGES 4 -12. OF COLLIER COUNTY. FLORIDA. FILE — VN g+ R� wL; PROJECT 99-0226 NUMBER: 2 OF NUMBER: 226-2S7 27 48 26 INUm BER: EXECUTIVE SUMMARY APPROVE CHANGE ORDER NUMBER 3 WITH BETTER ROADS INC. FOR ADDITIONAL CONSTRUCTION SERVICES FOR THE WIDENING OF PINE RIDGE ROAD FROM (AIRPORT - PULLING ROAD TO LOGAN BLVD.) PROJECT NO. 60111, CIE # 41 OBJECTIVE: That the Board of County Commissioners approve Change Order Number 3 for additional construction services for the widening of Pine Ridge Road from Airport- Pulling Road to Logan Boulevard. CONSIDERATIONS: On May 2, 2000, the Board of County Commissioners awarded a construction contract to Better Roads Inc. for the widening of Pine Ridge Road from Airport- Pulling Road to Logan Boulevard. Additional work is required for select bedding material, subsoil excavation, compaction outside 2:1 slope, investigate field conditions for high mast lighting, cleaning of existing drainage pipes, vehicle detector assembly, conflict with existing 12 inch water main at Fire Station, conflict with 4 inch force main at Nape Boulevard, utilities locate increase, conflict with 16 inch water main at Napa Boulevard, re- establish survey control, 16 inch force main additions, and contract time extension (weather and additional work). The change order will result in $313,363.74 additional cost and will increase the contract time by 32 days. The additional services are further described with the attached change order number 3. Change order number 1 was executed in the amount of $5,520.75 and change order number 2 was approved on September 26, 2000 —. for $1,108,180.78. Change order number 3 will bring the total contract amount to $11,401,889.74 and the contract time to 482 days. FISCAL IMPACT: The amount of this change order is as follows: Water project #70071 fund 412 $62,374.45 Wastewater project #73073 fund 413 16" force main $96,811.14 Wastewater project #73065 fund 414 (relocate sewer) $1,995 Roads project 60111 fund 331 $152,183.15 Total $313,363.74 Funding in the amount of $62,374.45 for the water portion is budgeted in Water User Fees. Funding in the amount of $1,995 is budgeted in Wastewater User Fees. A budget amendment is needed to transfer $96,811.14 from Wastewater Impact Fee Reserves and into the Wastewater 16" Force Main portion of this project. Source of funds is Impact Fees. A budget amendment is needed to transfer $152,183.15 from District I Impact Fee Reserves and appropriate into the road portion of this project. GROWTH MANAGEMENT IMPACT: This Capital Improvement Element No.41 is consistent with the Transportation sub - element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the change order in the amount of $314,505.29 and the necessary budget amendments. SUBMITTED BY: --L Date: Peter S. Hayden, E.I., Project Manager Transportation Engineering and Construction Management Depai AGENDAJTEM � No. � P 65 Nov 14 200 P9• Pine Ridge Road Contract #00 -3054, Page 2 of 2 REVIEWED BY: �- ; �, 4� : Date: �� v Mitch Riley, P.E., Interim Director Transportation Engineering and Construction Management Department REVIEWED BY: '� Date: `p 2 EGG Karl Boyer, P.E., Interim Director Public Utilities Engineering Department f APPROVED BY: ��; �, 1.._ _ Date: Nopnan Feder, Administrator Transportation Division APPROVED BY: _--`.� s-F' Date: James V. Mudd, Administrator / Public Utilities Division Attachments: Change Order Number 3 . AGED TEM No. NOV 14 2suJ Pg. TO: Mr. Joe Restino Better Roads, Inc. 5590 Shirley Street Naples, Florida 34109 COLLIER COUNTY GOVERNMENT CHANGE ORDER # 3 PINE RIDGE ROAD WIDENING FROM: COLLIER COUNTY TRANSPORTATION ENGINEERING DEPARTMENT 3301 E. TAMIAMI TRAIL NAPLES, FLORIDA 34112 PROJECT NAME: Pine Ridge Road PROJECT NO. 60111 CONSTRUCTION AGREEMENT DATE: May 02, 2000 BID NO. 00-3054 CHANGE ORDER NO.3 DATE: October 24, 2000 CHANGE ORDER DESCRIPTION: See Attached ORIGINAL AGREEMENT AMOUNT ....... ............................... SUM OF PREVIOUS CHANGE ORDERS .. ............................... AMOUNT THIS CHANGE ORDER NO ..... ............................... REVISED AGREEMENT AMOUNT ......... ............................... ORIGINAL CONTRACT CALENDAR TIME IN DAYS ADJUSTED NUMBER OF CALENDAR DAYS DUE TO PREVIOUS CHANGE ORDERS THIS CHANGE ORDER ADJUSTED TIME IS REVISED CONTRACT TIME IN CALENDAR DAYS ORIGINAL NOTICE TO PROCEED DATE: August 7, 2000 ORIGINAL COMPLETION DATE: August 31, 2001 REVISED COMPLETION DATE: December 1, 2001 $9,974,824.59 $1,113,701.53 $313,363.74 $11,401,889.86 390 Days 60 Days 32 Days 482 Days Your acceptance of this change order shall constitute a modification to our agreement and will be performed subject to all the same terms and conditions as contained in said agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment to this agreement shall constitute a full and final settlement of any and all claims arising out of or related to change set forth herein including claims for impact and delay costs. PREPARED BY: Peter Hayden, E.I., Project Manager DATE: Collier County Transportation Engineering Department ACCEPTED BY Joe Restino DATE: Better Roads, Inc. A G E N D I T M No n APPROVED BY: Mitch Riley, P.E., Acting Director DATE: ` 1laQ� Collier County Transportation Engineering Department Pg. TRANSPORTATION ENGINEERING AND CONSTRUCTION MANAGEMENT 10/26/2000 wilsonmiller New Directions In Flannng, DaW & Engkwnng September 22, 2000 Mr. Peter S. Hayden, Project Manager Public Works Engineering Department Collier County Government Center 3301 Tamiami Trail East Naples, FL 34112 RE: Pine Ridge Road (CR 896) (from CR 31 to Logan Blvd.) County Project No. 60111 Collier County Change Order # 3 Dear Peter: We have reviewed various requests from Better Roads, Inc. for additional compensation. We recommend the enclosed additions for RFP No.'s 14 through 25. The extra work is necessary to complete this project. RFP No. 25 is additional work requested by Collier County's Utility Division. The prices and time extensions shown in each RFP are negotiated and are appropriate for the work specified. Our evaluation is based on FDOT Construction Contract History, contractor_ cost, specific project conditions, public impact, safety, and our staffs experience. Contract amount to be added Contract time to be added $313,363.74 32 calendar days We recommend a statement be added to this change order as follows: This change order combined with previous change orders 1 and 2 includes all consideration for time extensions and extra work of claims which is due Better Roads, Inc. or his subcontractors up to and including October 20, 2000, except three potential claims listed below. Claim 0001.3 Support Pole at S -114 & 115 Claim 0005 Down Time @ Napa Blvd. Claim 0006 16" Force Main (location) Claim 0007 Rock Excavation @ Sta. 1153 (See letters attached.) Sinccerely, Thomas A. Primavera, C.P.E. Manager - Construction Services Associate Enclosures as noted Cc: Mike Martin dated 10116100 dated 10116100 dated 10116100 dated 10119100 AGENDA ITEM No. NOV 14 2000 Pg. Naples . Fort Myers . Sarasota .:3radenton . Tampa 3200 Bailey Lane, Suite 200 . Naples, Fbrida 34105 - 8507.941- 649-4040.941 -643 -5716 fax wmalVaknot— www.wilsomnaler.com Wbm#Aar, W- -FL L'e.a LC-CC WIM 0003 Char" O'0ar 3 Haydan WW Ax - W - *74W 5 :00 YM RE: Pine Ridge Road (CR 896) (from CR 31 to Logan Blvd.) County Project No. 60111 Collier County SUMMARY OF RFP FOR CHANGE ORDER NO.3 RFP' DESCRIPTION TIME AMOUNT 14 Select Bedding Material 0 $ 30,000.00 15 Subsoil Excavation 0 24,000.00 16 Compaction Outside 2:1 Slope 0 0.00 17 Investigate Field Conditions for High Mast Lighting 0 6,132.00 18 Cleaning of Existing Drainage Pipes 0 10,118.40 19 Vehicle Detector Assembly 0 59,400.00 20 Conflict with Existing 12" Water Main 6 34,246.00 21 Conflict @ S -105 0 1,995.00 22 Utilities Locate Increase 0 7,500.00 23 Conflict @ Napa Blvd. 3 28,128.45 24 Delay Survey Control 2 6,042.75 25. 16" Force Main Additions 0 105,801.14 26 Contract Time Extension (weather) 21 0.00 TOTAL 32 313,363.74 AGENDA ITEM No. 11A,-) r/1 10124/00 - W - 0003 RFP Summary.doc FL Loc. /LC- 0000170 RE: Pine Ridge Road (CR 896) (from CR 31 to Logan Blvd.) County Project No. 60111 -- Collier County RFP No. 14 — Select Bedding Material Increase the quantity for select bedding material and change the contract unit price to a lower negotiated price, which is based on a higher estimated quantity. ADDITIONS: Existing item (Final quantity of 12.5 C.Y.) 125 -3 SELECT BEDDING MATERIAL 2.5 C.Y. @ $100.00 = $ 250.00 New item 125 -3A SELECT BEDDING MATERIAL (SPECIAL) 850 C.Y. @ $35.00 = $ 29,750.00 - TOTAL ADDITIONAL AMOUNT $ 30,000.00 Pay Item Note 125 -3 & 125 -3A: Specifically excludes the use of filter fabric wrap. Payment will be for actual quantity used to stabilize trench bottom measured by truck volume with a deduction made for waste if applic -able. This pay item is intended to be used only in areas where wellpoints or other dewatering methods as approved by the Engineer are being utilized and found to be ineffective. The Enginee� must authorize the use of this pay item prior to implementation. No additional time will be added. AGENDA T No. 10119100 ' W - 0003 RFP 14 Select Sedding. DC FL uc etc - 0000170 RE: Pine Ridge Road (CR 896) (from CR 31 to Logan Blvd.) County Project No. 60111 Collier County RFP No. 15 — Subsoil Excavation To provide for the removal and disposa! of material encountered during various excavation operations that are determined to be unsuitable for embankment or trench backfill and provide replacement material. ADDITIONS: New item 120-4 SUBSOIL EXCAVATION 1000 C. Y. @ $24.00 = $ 24,000.00 TOTAL ADDITIONAL AMOUNT $ 24,000.00 Pay Item Note Includes materials determined by the Engineer to be unsuitable for embankment. Measured by volume cross sectioning or other methods of measurement approved by the Engineer in roadway cut or fill areas. For unsuitable materials taken from trench excavation, measurement shall be the volume in a truck (loose truck volume) divided by 1.3. Payment for subsoil excavation includes the cost of the replacement material and no additional quantity will be added to the embankment quantity. No additional time will be added. 10119100 ' W - 0003 RFP 15 Subsoil Excavation.doc FIL tic ALC0000 1?0 HukNDA ITEM No.- g. RE: Pine Ridge Road (CR 896) (from CR 31 to Logan Blvd.) County Project No. 60111 Collier County RFP No. 16 — Compaction Outside the 2:1 Slope To eliminate testing for compaction outside the 2:1 slope. Amend section 125 on page SS -16 to exclude density testing requirements in all zones (lowest, bedding, cover, and top zones) outside the plane described by a 2 (horizontal) to 1 (vertical) slope downward from the shoulder line or the back of curb and along storm sewer outfall lines where no vehicular traffic is anticipated. The compaction requirements outside the 2:1 slope shall be to a firmness equal to that of the adjacent soils for all zones. No additional time will be added. AGENDA ITEM No.�.� 10/19/00 - W - 0003 RFP 16 Compaction outside 2.1 Wpe doc FL I.C. ALC- 0000170 RE: Pine Ridge Road (CR 896) (from CR 31 to Logan Blvd.) County Project No. 60111 Collier County RFP No. 17 — Investigate Field Conditions for High Mast Lighting To investigate field conditions for the high mast lighting at the 1 -75 rat ips on Pine Ridge Road and submit a suggested design to provide power service to these lights which will be compatible with the proposed facilities. ADDITIONS: New items Hourly rates for electrical work 715 -7 OFFICE STAFF (electrical) 40 hrs. @ $78.75 = $ 3,150.00 715 -8 FIELD SUPERVISION (electrical) 40 hr$. @ $39.90 = $ 1,596.00 715 -9 FIELD LABOR ( electrica[) 20 hrs. @ $29.40 = $ 588.00 715 -10 TRAFFIC SIGNAL TECHNICIAN 20 hrs. @ $39.90 = $798.00 TOTAL ADDITIONAL AMOUNT $ 6,132.00 Pay Item Note 715 -7 Requires approval by the Engineer for 715 -8 electrical investigative and design work. 715 -9 715 -10 No additional time will be added. /0119/00 - W - 0003 RFP 17 Investigate field conditions. doc FL L. KG0000170 AGENDA IT N No. r- IA 1 RE: Pine Ridge Road (CR 896) (from CR 31 to Logan Blvd.) County Project No. 60111 Collier County RFP No. 18 — Cleaning of Existing Drainage Pipes To provide for cleaning of existing drainage pipes. ADDITIONS: 430 - 941 -18 PIPE DESILTING 18" 430 - 941 -24 PIPE DESILTING 24" 430 - 941 -36 PIPE DESILTING 36" 430 - 941 -29 PIPE DESILTING 29"X 45" Pay Item Notes: 65 LF @ $9.66 600 LF @ $11.34 35 LF @ $16.30 115LF @$18.40 TOTAL ADDITIONAL AMOUNT 430 - 941 -18 Based on cleaning operations being performed during 430- 941 -24 periods when no water is present in existing pipes to be 430 - 941 -36 cleaned. 430 - 941 -29 No additional time will be added. 1 p71g700 - W -0003 RFP 1B Cleaning existing drainage pipes.doc , 4C. SLC-00WI 70 $ 627.90 _ $ 6,804.00 $ 570.50 $ 2,116.00 $ 10,118.40 RE: Pine Ridge Road (CR 896) (from CR 31 to Logan Blvd.) County Project No. 60111 Collier County RFP No. 19 — Vehicle Detector Assembly To provide vehicle detector assemblies to minimize disruption of actuated signal timing at ! m-lected- intersections. This will accommodate increased traffic volumes at peak traffic periods. ADDITIONS: 663 -70 VEHICLE DETECTOR ASSEMBLY 30 AS @ $1,980.00 = $ 59.400.00 TOTAL ADDITIONAL AMOUNT $ 59,400.00 Pay Item Notes: 663 -70: Includes furnishing, installing, and maintaining microwave detection system MCE# 5319. Payment for each assembly shall include all materials, labor, equipment, and maintenance for each unit in accordance with the Better Roads letter dateclOctober 10, 2000 and Mid - Continent Electric's letter dated October 9, 2000. Each unit shall be maintained until permanent loop installation is accepted. All equipment shall be delivered to Collier County upon completion. No additional time will be added. 10119/00 - W - 0003 RFP 19 Vehicle Detector Assemblydoc FL L. 0.G - 0(101/1)0 AGENDA IT -M No. X., RE: Pine Ridge Road (CR 896) (from CR 31 to Logan Blvd.) County Project No. 60111 Collier County RFP No. 20 — Conflict with Existing 12" Water Main To resolve the conflict between the existing 12" water main and the proposed retention lateral ditch on the right side between station 1062 +20 to 1068 +00. ADDITIONS: CONFLICT RESOLUTION (WM @ Fire Station) 1 LS = $ 34,246.00 TOTAL ADDITIONAL AMOUNT $ 34,246.00 Note: Per Better Roads letter dated September 22, 2000. 6 contract days will be added to the contract time. 10119!00 - W - 0003 RFP 20 Conflict with existing 12 in WM doc FL L6. rLC- 0000170 RE: Pine Ridge Road (CR 896) (from CR 31 to Logan Blvd.) County Project No. 60111 Collier County RFP No. 21 — Conflict @ S -105 To resolve conflict between existing 4" force main and proposed structure S -105. ADDITIONS: CONFLICT RESOLUTION FOR S -105 Notes: 1 LS @ = $ 1.995.00 TOTAL ADDITIONAL AMOUNT $ 1,995.00 Per Better Roads letter dated September 22, 2000 No additional time will be added. '0119700 - W- 0003 RFP 21 Conw FM and S- 105.doc FL Lc_ 0.0 - 0000170 AGENDA ITEM No, Pg. RE: Pine Ridge Road (CR 896) (from CR 31 to Logan Blvd.) County Project No. 60111 Collier County RFP No. 22 — Utilities Locate Increase To increase quantity for subsurface: investigation. ADDITIONS: Existing Item (Quantity increased to 155) 737 -70 -1 UTILITIES LOCATE 30 EA. @ $ 250.00 = $ 7,500.00 TOTAL ADDITIONAL AMOUNT $ 7,500.00 Note: No additional time will be added. AGENDA ITEM No. 1 0119/00 . W-0003 RFP 22 Utilities Locate Increase.doc FL LC. sLC- 0000170 RE: Pine Ridge Road (CR 896) (from CR 31 to Logan Blvd.) County Project No. 60111 Collier County RFP No. 23 — Conflict @ Napa Boulevard To resolve conflict between existing 16" water main and proposed storm sewer at Napa Boulevard on the left side. Price reflects night time construction and includes down time due to water service shut down. ADDITIONS: CONFLICT RESOLUTION @ NAPA BLVD. 1 LS @ _ $ 28,128.74 TOTAL ADDITIONAL AMOUNT $ 28,128.74 Note: Per Better Roads letters dated-September 22, 2000, October 5, 2000, and October 16, 2000. 3 additional contract days will be added. AGENDA :FEM No. —14-a- 10/24100 - W - 0003 RFP 23 Conflict at Napa.doc I ' FL Lic. 460000, 70 Pg. RE: Pine Ridge Road (CR 896) (from CR 31 to Logan Blvd.) County Project No. 60111 -- Collier County RFP No. 24 - Delay Survey Control To compensate the contractor for delays caused by incorrect sun ey control shown on the plans east of 1 -75. ADDITIONS: DOWN TIME DUE TO SURVEY CONTROL 1 LS @ _ $ 6,042.75 TOTAL ADDITIONAL AMOUNT $ 6,042.75 Note: Per Better Roads letters dated September 22, 2000. 2 additional contract days will be added. 10119100 - W - 0003 RFP 240elay Survey Control doc IL Lx. aC- 0000110 RE: Pine Ridge Road (CR 896) (from CR 31 to Logan Blvd.) County Project No. 60111 Collier County RFP No. 25 —16" Force Main Additions To provide a: !ditional in line plug valves and install a mechanical joint connection to the existing force main during night time hours to minimize service shut down time. DELETION: 31. 2" SINGLE MEDIA ONE CONDUIT ADDITIONS: 2000 LF @ $ 1.52 = $ 3,040.00 TOTAL DELETION AMOUNT $ (3,040.00) New items AT 16" X 16" MJ TEE 1 EA. @ $2,725.64 = $ 2,725.64 A8. CONNECTION (Night) 8 HR. @ $607.95 = $ 4,863.60 A9. 16"X 6" MJ TEE 4 EA. @ $2,096.75 = $ 8,387.00 A10. 16" X 4" MJ TEE 4 EA. @ $2,220.38 = $ 8,881,52 A11. 16" MJ LONG SLEEVE 11 EA. @ $1,692.13 = $ 18,613.43 A13. CUT IN 16" MJ PLUG VALVE 7 EA. @ $918.75 = $ 6,431.25 A15 6" MJ PLUG VALVE & BOX 2 EA. @ $897.75 = $ 1,795.50 A17. 2" TH. PLUG VALVE & BOX 1 EA. @ $565.79 = $ 565.79 A25. 16" X 2" D/S BRASS SADDLE 1 EA. @ $730.96 = $ 730.96 A37. 2" MULTIPLE MEDIA ONE CONDUIT 3100 LF @ $ 2.90 = $ 8,990.00 A38. 18" STEEL CASING (open cut) 150 LF @ $ 53.00 = $ 7,950.00 Existing items in Change Order 2 (additional quantities) 10 16" MJ PLUG VALVE & BOX 4 EA. @ $4,410.00 = $ 17,640.00 12. 4" MJ PLUG VALVE & BOX 5 EA. @ $578.29 = $ 2,891.45 121 -70 FLOWABLE FILL 100 CY @ $ 183.75 = $ 18,375.00 TOTAL ADDITIONAL AMOUNT $ 108,841.14 TOTAL NET ADDITIONS $ 105,801.14 Pay Item Notes: A38: Price based on separate trench in close proximity to other crossings near Livingston Road to avoid additional traffic control devices. Also includes plugging ends with brick and mortar for future use. No additional time will be added. AGENDA ITEM No. _ --1--- 3 1020/00 - W - 0003 RFP 25 16 in FM add doc aL Lc ac0000170 RE. Pine Ridge Road (CR 896) (from CR 31 to Logan Blvd.) County Project No. 60111 Collier County RFP No. 26 — Contract Time Extension (weather) To adjust contract time for weather delays in accordance with exhibit N General Terms and C�,nditions (Section 9) and FDOT Standard Specifications for Road and Bridge Construction 1991 Article 8 -7.3.2 Contract Time Extension. 21 contract days will be added to the contract time. Note: This represents all weather delays from the start of construction until and including Friday October 20, 2000. AGENDA ITEM No. , (Z. t0/20/00 - w - 0003 RFP 26 Convan time extension Ooc 0-C4MW1 70 pg. F .q _ 1t0— &1001a &II-aI APPROVE A DEVELOPER CONTRIBUTION AGREEMENT AND ACCEPT A GRANT OF EASEMENT FROM THE OCEAN BOULEVARD PARTNERSHIP AND THE OCEAN BOULEVARD PARTNERSHIP II. OBJECTIVE: To obtain Board approval for a Developer Contribution Agreement between Collier County and Ocean Boulevard Partnership ( "OBP ") and Ocean Boulevard Partnership H ( "OBP II "), collectively referred to as "Developer ", outlining the contribution of a road right -of -way easement, by Grant of Easement, and improvements to the Collier County Transportation Roadway Network by constructing the westernmost segments of a connector roadway between Goodlette -Frank Road and U.S. Highway 4 1 ("Roadway"). CONSIDERATION: In accordance with the stipulations contained in Collier County Ordinance No. 98 -91 creating the Granada Shoppes PUD, the Developer is required to convey the appropriate right -of -way necessary for a connector roadway, at no cost to the County, and to construct internal segments of said roadway in order to provide a connection between Goodlette -Frank Road and U.S. Highway 41. Ordinance No. 92 -22, as amended, Section 3.06 provides for the establishment of a "development contribution credit" against road impact fees imposed under Section 2.01, in return for certain donations of required lands or w the contribution of Off -Site Improvements to the Transportation Network. Under the provisions of the .hove- referenced Ordinance, when the Transportation Administrator approves the dedication of said land as being necessary for the construction of Collier County "transportation network" improvements, the Administrator may ask the Board of County Commissioners to approve a Developer Contribution Agreement which will establish a credit against impact fees otherwise payable for the development of the parent parcel from which the dedication came. County is desirous of making improvements to the Collier County Transportation Network, by adding an east - west connector roadway between Goodlette -Frank Road and U.S. Highway 41. The Developer agrees to convey the necessary road right -of -way easement and to make the roadway improvements, which are to include the design and construction of the connector roadway, "Contribution ", as approved by the Collier County Transportation Division. Upon execution of the Developer Contribution Agreement by the Chairman of the Board of County Commissioners, the Developer shall be required to convey the said Grant of Easement to County. The total cost of the Developer's Contribution, dependent on the certified actual construction costs of the design and construction of the Roadway, will not exceed the Certified Cost Estimate ($718,802.23), plus an additional twenty percent (20 %) cap on the certified cost estimate for a total not to exceed $862,562.68. The costs will be paid in the form of an impact fee credit and shall be available upon execution and delivery of the Grant of Easement and other documents, completion of the construction of the Roadway (or a phase thereof) by the County, and receipt by the County of the actual construction costs for the Roadway or the respective phase of the Roadway certified by a professional engineer, registered in the State of Florida, as being true and accurate. AGENQ,�ITEM No. U �.� l NOV 14 2000 P9.1 W4V ___j _FISCAL IMPACT: The Developer Contribution Agreement shall establish a Road Impact Fee Credit in an i amount dependent on the certified actual costs of the design and construction of the Roadway, which will not exceed $862,562.68. This Road Impact Fee Credit shall be established in Road Impact Fee District One. Fund: #331 Cost Center: #163650 (Road Impact Fee District One) GROWTH MANAGEMENT IMPACT: Execution of the Developer Contribution Agreement, thereby granting the impact fee credit, will provide for the construction of necessary infrastructure, a component of the Collier County Transportation Network, which is consistent with the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners; 1. Approve the attached Developer Contribution Agreement, outlining the contribution of a road right -of- way easement and improvements to the Collier County Roadway Network in exchange for an impact fee credit; and 2. Authorize the Chairman to execute the Developer Contribution Agreement, on behalf of the Board of County Commissioners; and Accept the Grant of Easement from the Developer (a reference copy is attached, as an Exhibit to the Developer Contribution Agreement); and 4. Authorize Staff to record all pertinent documentation in the Public Records of Collier County, Florida. SUBMITTED BY;- 1. -' DATE: J. Keith Gomez, Real,,Prc perty, Specialist Il, Real Property Management Department REVIEWED BY: / .f r ` l f DATE: - I�:'I Planning Director, Transportation Planning Department plim I:006 Mitch Riley, P.E., Interim Director, Engineering and Co truction Management Department APPROVED BY: Norman Feder, AICP, Administrator, Transportation Division DATE: {! - 1 v DATE No AGEND �7M NOV 14 2000 Pg. 2 4W This Instrument Prepared By: R. Bruce Anderson, Esq. Young, van Assenderp, Varoadoe & Anderson, P.A. 801 Laurel Oak Dr, Sts. 300 Naples, FL 34108 DEVELOPER CONTRIBUTION AGREEMENT THIS AGREEMENT is made and entered into this day of 2000, by and between OCEAN BOULEVARD PARTNERSHIP, a Florida general partnership, by its undersigned General Partner who has been duly authorized by the Partnership to execute this Developer Contribution Agreement, whose post office address is c/o Barron Collier Company, 2600 Golden Gate Parkway, Suite 200, Naples, Florida 34105, and OCEAN BOULEVARD PARTNERSHIP II, a Florida general partnership, by its undersigned General Partner who has been duly authorized by the Partnership to execute this Developer Contribution Agreement, whose post office address is c/o Barron Collier Company, 2600 Golden Gate Parkway, Suite 200, Naples, Florida 34105, hereinafter singularly or collectively referred to as "Developer ", and COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as "County" RECITALS WHEREAS, Collie: County Ordinance No. 98 -91 creating the Granada Shoppes PUD, requires the conveyance of a sixty-four (64) foot road right -of -way easement at no cost to the County, which County has subsequently determined, and Developer agrees, needs to be increased in size in certain locations, all as shown and described on Exhibit "A' (referred to as "Contribution "), for a minor collector roadway that will link U.S. 41 and Goodlette -Frank Road through the Granada Shoppes entrance and PUD then to the south road in the Creekside Commerce Park PUD (hereinafter referred to as "Roadway'), in a manner compatible with the contemplated use of the adjacent properties, and in return for road impact fee credits for the cost of design and construction of said improvements from U.S. 41 to Goodlette -Frank Road; and WHEREAS, the Developer is the record title holder of the property shown and described in EXHIBIT 13", which is attached hereto and made a part hereof (hereinafter referred to as "Property"); and WHEREAS, the Granada Shoppes PUD provides that the purpose of the easement through the property is to grant easement rights for a road right of way only and Developer will retain all other rights, including, but not limited to, the right, but not the obligation, to install and maintain landscape within the easement area as well as the right to install and maintain a project directory sign located in the landscape island at the U.S. 41 entrance, provided any rights retained by Developer are subordinate to the County's right to redesign the roadway or otherwise use the easement for road purposes; and WHEREAS, the above - referenced stipulations provide that the Developer will receive Road Impact Fee Credits in exchange for the Developer's cost for design and construction of the Roadway in an amount not to exceed the Certified Cost Estimate of the design and construction of the Roadway, plus up to an additional twenty percent (20 %) construction cost contingency, hereinafter referred to as "Certified Cost Estimate" and evidenced in EXHIBIT "C"; and WHEREAS, Developer shall receive Road Impact Fee Credits pursuant to Ordinance No. 92 -22, as amended, for the design and construction of the Roadway; and WHEREAS, the Developer has caused the value of the design and construction of the Roadway to be determined by a Certified Cost Estimate prepared by Johnson Engineering, Inc. and approved by the Collier County Puhlic Works Engineering Deparhnent; and WHEREAS, the County and Developer accept the Certified Cost Estimate of the design and construction of the Roadway; and WHEREAS, both parties to this Agreement acknowledge that the estimated value of the design and construction of the Roadway is SEVEN HUNDRED EIGHTEEN THOUSAND EIGHT HUNDRED TWO AND 23/100 ($718,802.23) DOLLARS, which does not include a twenty percent (20 %) construction cost contingency, as derived from the Certified Cost Estimate prepared by Johnson Engineering, Inc.; and WHEREAS, the Developer has caused the fair market value of the Contribution to be appraised; and WHEREAS, both Developer and County agree that the market value of the right -of -way granted by easement, which the County is to receive at no cost, for use as a connector road from Goodlette -Frank through the Granada Shoppes PUD and adjacent property to the western boundary of the Creekside PUD, as derived from an anal 2 I NOV 14 2000 Pg. properties, between unrelated parties in a bargained transaction, is Seven Hundred Thirty Thousand and No /100 Dollars ($730,000.00); and WHEREAS, both parties to this Agreement acknowledge that the Road Impact Fee Credits established under this Agreement shall run with the Property, shall be assignable by the Developer within Road Impact Fee District One and shall be reduced by the amount of the Road Impact Fee due for each building permit issued thereon, until all such Credit has been exhausted, or until all development upon the Property has been completed or until all such Credit has been assigned; and WHEREAS, in order to obtain immediate issuance of building permits for development within the Granada Shoppes PUD, prior to the execution of this Agreement and acceptance of the Contribution by the County, Developer or its assignee have paid under protest Road Impact Fees; and WHEREAS, both parties to this Agreement acknowledge that Road Impact Fee Credits shall be a credit only against Road Impact Fees, and that such Credits shall not offset, diminish or reduce any other charges, fees or other impact fees for which the Developer is responsible in connection with the development of the Property; and WHEREAS, both parties to this Agreement acknowledge that the failure of this Agreement to address any permit, condition, term or restriction shall not relieve either party, or their successors, of the necessity of complying with any law, ordinance, rule or regulation governing said permitting requirements, conditions, terms or restrictions; and WHEREAS, both parties to this Agreement acknowledge that the burdens and benefits of this Agreement shall be binding upon and shall inure to the successors in interest to the parties to this Agreement; and WHEREAS, both parties to this Agreement acknowledge that this Agreement is not to be construed as a development agreement under the Florida Local Government Development Agreement Act. WITNESSETH NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged between the parties, the receipt and sufficiency of which are 3 NOV 14 2000 � mutually acknowledged, and in consideration of the covenants contained herein, the parties agree as follows: The above recitals are true and correct, and are hereby incorporated as a part of this Agreement. 2. Developer has provided County with a title commitment providing documentation as to the record title holders of the Property, which commitment shall also identify any lienholders having any lien or encumbrance affecting the portion of the Property known as the Contribution. Developer shall provide County with an attorney's opinion as to the legal permissibility and validity of the Partnership Agreement of Ocean Boulevard Partnership, a Florida general partnership, and the Partnership Agreement of Ocean Boulevard Partnership II, a Florida general partnership. In addition, the Developer shall provide an Affidavit in recordable form from one of the partners listing the names of all partners, stating that it is a true and complete copy, that said partnership is in full force and effect, that said partner is authorized to bind the partnership, and that there are no amendments or further amendments to the Agreements; all as specified by Title Commitment #503440, Requirements Section "C" and "D ", prepared by Old Republic National Title Insurance Company for Collier County, the Proposed Insured. 4. Developer shall provide County with an attorney's opinion as to the legal permissibility and validity of the Limited Partnership Agreement of Granada Shoppes Associates LTD., a Florida limited partnership; all as specified by Title Commitment #503440, Requirements Section "F ", prepared by Old Republic National Title Insurance Company for Collier County, the Proposed Insured. 5. The Developer shall grant, at no cost to the County, an easement for road right of way purposes as depicted on Exhibit "A ", with retention of all other rights as referenced in the Recitals (hereinafter referred to as "Contribution "), for a minor collector roadway that will link U.S. 41 to Goodlette -Frank Road through the Granada Shoppes PUD entrance and then to the south road in the Creekside Commerce Park PUD, as more particularly illustrated in EXHIBIT "A" and described by Johnson Engineering, Inc. as Project #981253. Said Easement shall be delivered to the days of the date of approval of this Agreement and shall be in the form of that Grant of Easement attached hereto as Exhibit "D." 6. Developer shall design and construct, in exchange for road impact fee credits, a minor collector roadway that would link U.S. 41, east to Goodlette -Frank Road through the Granada Shoppes PUD entrance and then to the south road in the Creekside Commerce Park PUD, pursuant to the engineering plans dated August 30, 2000 and prepared by Chris D. Hagan of Johnson Engineering, Inc., hereinafter referred to as "Roadway ", no later than 60 days after a certificate of occupancy is issued for the Granada Shoppes Center. 7. Any deviations from the County approved design, as illustrated in EXHIBIT "A ", and/or expenses in excess of the Certified Cost Estimate for the design and construction, as evidenced in EXHIBIT "C ", require prior written approval by the County. 8. In exchange for the Contribution and the design and construction of the Roadway as noted above, the Developer shall be entitled to a Road Impact Fee Credit in the amount of the Developer's actual costs for the construction of the Roadway described in Section 5. The credit shall be effective and available upon execution and delivery of the grant of easement and other documents providing title insurance of all that is conveyed, completion of the construction of the Roadway (or a phase thereof) as illustrated in EXHIBIT "A ", preliminary acceptance of the Roadway (or a phase thereof) by the County, and receipt by County of the actual construction costs thereof certified by a professional engineer, registered in the State of Florida, as being true and accurate. Construction and completion of the Roadway by Developer may occur in two phases with Phase I occurring within the boundaries of the Granada Shoppes PUD and Phase 11 occurring on the Agriculture zoned land lying between the Granada Shoppes and Creekside PUD's. County agrees to grant preliminary acceptance of the Roadway in phases and to issue Road impact Fee Credit in phases, provided that all other Agreement requirements for preliminary acceptance are met by Developer. Prior to receiving the Impact Fee Credit in phases, the Developer shall submit a Certified Actual Cost Statement for each completed phase. The total Certified Actual Costs for each phase shall .. �i ACV 14 Z �� 74 not exceed the Certified Estimate of Costs, plus an additional twenty percent (209w0) of the Certified Estimate of Costs for the respective phase. 9. Developer shall retain adequate records and supporting documentation which concern or reflect total project cost of the Improvements to be conveyed. This information shall be available to the County, or its duly authorized agent or representative, for audit, inspection or copying, for a minimum of five (5) years from the termination of this Agreement. 10. Upon receipt of said Road Right -of -Way Easement, County shall record same in the public records of Collier County, Florida, and the costs associated with such recordation will be reimbursed by the Developer. IL Effective upon recordation of the Road Right -of -Way Easement described in Section 5, and completion of the Roadway and its acceptance by the County as described in Section 8, until development of the Property is completed, or until the balance of the Road Impact Fee Credit has been reduced to zero, the County shall apply portions of the Road Impact Fee Credit toward the Road Impact Fees which the Developer is required to pay for each building permit which is applied for on the Property or as provided herein, reducing the balance of the Road Impact Fee Credit by the same amount due for each building permit or other development order so issued. All Impact Fee Credits granted to either Developer hereunder shall be assignable in whole or in part to any successor or assign designated by said Developer, subject to credit application within Road Impact Fee District One, as defined in Ordinance 92 -22, Appendix B, as amended. In addition, such Impact Fee Credits may be used by Developer, its successor or assigns, for any land development project in Road Impact Fee District One. 12. County shall provide Developer with a certified copy of this Agreement, including all exhibits attached hereto, such that Developer's certified copy of Exhibit "E" and "F" (Road Impact Fee Credit Ledger), shall serve as the ledger sheet to document Developer's balance of Road Impact Fee Credits. 13. With each building permit, or earlier development order, if Developer so elects, issued on the Property to the Developer or its assignee, the County shall subtract from the Road Impact Fee Credit balance the amount of Road Impact Fees 6 NOV 14 2000 Pg. permit and shall enter the new balance in the ledger column labeled Impact Fee Credit Balance. Next to this new credit balance, both the County Official issuing the building permit and the Developer's Representative applying for the building permit shall print and sign their names. This procedure shall also be followed by any assignee of Road Impact Fee Credits from Developer. 14. County shall record this Agreement in the public records of Collier County, Florida, within 14 days of its execution by the Chairman of the Board of County Commissioners. 15. Either party to this Agreement may file an action for injunctive relief in the Circuit Court of Collier County, Florida, to enforce the terms and conditions of this Agreement, said remedy being cumulative with any and all other remedies available to the parties for enforcement of the Agreement. 16. This Agreement may be amended or canceled only by the written mutual consent of the parties to the Agreement, or by their successors in interest. 17. This written Agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no prior or contemporaneous written or oral agreements, understandings, promises, warranties or covenants not contained herein. IN WITNESS WHEREOF, the parties have hereunto affixed their signatures by their duly authorized representatives. AS TO COUNTY: Date: ATTEST: DWIGHT E. BROCK, Clerk By: , Deputy Clerk Approved as to form and legal sufficiency Heidi F. Ashton, Assistant County Attorney 7 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By: JAMES D. CARTER, PH.D.,Chairman !,G 1 �' bC NOV 14 2000 ps�. 4? f(f AS TO DEVELOPER: Date: WITNESSES: Signature Print or Type Signature Print or Type Name STATE OF COUNTY OF OCEAN BOULEVARD PARTNERSHIP, a Florida general partnership By: Juliet C. Sproul, as a Partner and as Attomey -in -Fact and Administrative Agent, per O.R. Book 2485, Page 2010. c/o Barron Collier Company 2600 Golden Gate Parkway, Suite 200 Naples, Florida 34105 The foregoing Developer Contribution Agreement was acknowledged before me this day of , 2000, by Juliet C. Sproul, as a Partner and Attorney-In-Fact and Administrative Agent of OCEAN BOULEVARD PARTNERSHIP, a Florida general partnership, on behalf of the partnership, who is personally known to me or has produced as identification. (affix notarial seal) (Signature of Notary Public) Signature Print or Type Signature Print or Type Name STATE OF COUNTY OF (Print name of Notary Public) Serial/Commission #: if any My Commission Expires: _ By: Paul J Marinelli, as Attorney -In -Fact and Administrative Agent, as per O.R. Book 2485, Page 2010. c/o Barron Collier Company 2600 Golden Gate Parkway, Suite 200 Naples, Florida 34105 The foregoing Developer Contribution Agreement was acknowledged before me this day of , 2000, by Paul J. Marinelli, as Attomey -In -Fact and Administrative Agent for the OCEAN BOULEVARD PARTNERSHIP, a Florida general partnership, on behalf of the partnership, who is personally known to me or has produced as identification. (affix notarial seal) (Signature of Notary Public) 8 (Print name My Commission Expq 14 2000 Pg. Date: WITNESSES: Signature Print or Type Signature Print or Type Name STATE OF COUNTY OF OCEAN BOULEVARD PARTNERSHIP II, a Florida general partnership By: Juliet C. Sproul, as Attorney -In -Fact and Administrative Agent, as per O.R. Book 2485, Page 2004. c/o Barron Collier Company 2600 Golden Gate Parkway, Suite 200 Naples, Florida 34105 The foregoing Developer Contribution Agreement was acknowledged before me this day of , 2000, by Juliet C. Sproul, as Attorney -In -Fact and Administrative Agent of OCEAN BOULEVARD PARTNERSHIP II, a Florida general partnership, on behalf of the partnership, who is personally known to me or has produced as identification. (affix notarial seal) Signature Print or Type Signature Print or Type Name STATE OF COUNTY OF (Signature of Notary Public) (Print name of Notary Public) Serial/Commission #: if any My Commission Expires: _ By: Paul J Marinelli, as Attorney -In -Fact and Administrative Agent, as per O.R. Book 2485, Page 2004. c/o Barron Collier Company 2600 Golden Gate Parkway, Suite 200 Naples, Florida 34105 The foregoing Developer Contribution Agreement was acknowledged before me this day of , 2000, by Paul J. Marinelli, as Attorney -In -Fact and Administrative Agent for the OCEAN BOULEVARD PARTNERSHIP II, a Florida general partnership, on behalf of the partnership, who is personally known to me or has produced as identification. (affix notarial seal) (Signature of Notary Public) • �® (Print name of Notary Public) Serial/Commission #: i NOV 14 2W My Commission Expires: i v Approved as to fora & legal sufficiency Assistant County Attorney n MOV 14 2 `t fill 'f � a r 111=1 a Aie�a 101 ds � ! ,irfF 3 If tlgj i '�cii•adyy rdg; It .po' l' , 1a fli' s #� i I.,U111M {lai =rs =` gf9. EM11311 "A" PAGE 1 .1 4 3 0 N Y u F Ill - n W i o� t =F _ Ala Q LM ui F— w 0 Y w LL) ix U =t W. a Wt X11 N +/ o l �». MIIR I'gl , G y i O f{b!j Li �I pr {lai =rs =` gf9. EM11311 "A" PAGE 1 .1 4 3 0 N Y u F Ill - n W i o� t =F _ Ala Q LM ui F— w 0 Y w LL) ix U =t W. a Wt X11 N +/ o l Y gF w m �• ' J" ling gig i G i� i LL mFl 4A # Qro y F W LL r Y� N �IIG a ]YI EXHIBIT "A" a i ' N1:14h 8 a 3 O K V r 0 0 J ] m uj W cn j Y W W w U Fart W�! 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L% ag e7 u 4 r4 N (A 9 1 1• � 1�1 ■� jA�� (/ u} � sM1 LJ ^ yy�� 1J V I �t N Sn oa q N mm uz via /p 00 zfy og "`— wa R m� �Ln u LA I v O y y O Y �t-- --_ —__ — _.—. -- 11 �� 9gg u i 1 4� 1 IM G ------------ N 02'157° W TRACT FI LOT 5 CREEKSIDE C 0M ERCE PARK -UNIT ONE PLAT BOOK 8, PAGES 57 -58 EXHIBIT ' A PAGE 4 O S p rt `G S C m' 0 .J . Z (!I O In 0 5' CO .° Q y T ,— 0 7< WcQ T� ((pn C j Q < a y 0 d a) ,y ° d S ' ° v LO f° o•M - I ° as xS k o a ..? NJ (Q m w n ° (n o' c 5- C< y o a (D A I�j� Z o o" Q 0� -� ao rn CL 4 y � 7 ° 7 .0 4 y C uO .rt > rt a0 >O0 Q0 a F m —cO d-0 7 y N Ln N:! �Ca a y O `G O -1 ►° o 0 m^o O OH o i o 7 4 f1 y a 7 i 7 p C S- O 0M0 7 0 (n7 n (1)O 0 ? o 0(<<oo�os�0�-coa�w�pon�� °* °N ° a' �aa�Ln 0-C) y , 0 _d -0 y. 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U) rri MOW 4 2000 O o z Z n N e er m 4 z n --A rr = � _u z r r a► O 'v 9D- z Y D z z n m Ln Ex 7UBI I ' A PAGE j IA O >D;01 2 z O 0-1 to C) p m� �C z vV) Ay a O Da �m m� om o� O c � N -< 21 V) z Ln Ca" rrn 2 O v m n v 0 zz w La IM 0 D ir z rn in A D z z Z 0 m L4 z V) a m M b N ID A z V) A IM A m pv Z m z z Lhm O D n -I D m Ln 2 O Ln O N w (n v m 5 z 0 yyD C� r� z O N |■y MI - 0 0 ! %/ co r- / / » o �\ % e t §ƒ �q 2 / J!° �/ $ - �m m !| — / \ w ƒ° o � 0 mom# >. ;mot\ tn (p'D �PLq §P § MmWPm 2 �$2e2 P � S2 9 92 9 § k § \§ b| t k \Q§ °3 it& =§i)/ ®�f19! m t -n ° > e m m ^ `0 Enrm » § \) /§ _ �)` ¥•! � P e 7l■ o t / ° §#` ¢ k g2f =! «m� ± >�•$§ In Q / §2� § 9 � | Of _X ,O � k PU.L - c- m 9 o O | ■| lz 2 H z o© e r � rri 3 r ti co, � + rc q � 11 zz$S / ®� z 2 | 3 -� ■�� $0) > z � / . | | �o | m ) | U | | s =mT A At; M 0' 1 4 2000 j 7ESCRIP iION M tract or parcel of land lylnq in Section 27, Township 48 South, Range 25 East. CoVI4r County, Florida which tract or parcel Is described as follows; From the northwest corner of Section 27, Township 48 South, Range 25 East. Coiifor County, Florida run S.00'36'43"E. along the west line of the northwest 1/4 of sold section 27 for 125.01 feet to o its Intersection kith the southerly right -of -way line of Immakalet: Road (CR ^6461 and the POINT OF BEGINNING. thence run N.4416'23'E. along the southerly right- of-way tine of said immokoleo Road for 34.99 feet; thence nut S.69'45'00'E. along the southerly right -of -way line of sold Immakaloo Road for 573.45 toot: thence run S.86'53'13'E. along the southerly right -of -way fin***( said Immokalee Road for 900.61 feet; thence run 5.119'43'00'E. along the southerly right -of --way line of said Immokolae Road for 134.22 feet; thence ruri S.00'00'00 "E. far 224,63 foot to a point of curvature: thence southwesterly along the are of a ourva to the right of radius 63.00 feet (delta 90'00'00') (chord 120.21 feet) (chord bearing 5.43110'00 "W.) for 133.52 fast to the and of said curve; thence run SOO*00'00 E for 530.91 feet to a point of curvature; thence southwesterly along the arc of o curve to. the right of radius 50.00 feet (delta 66 "54'07 ") (chord 68.77 toot) (chord bearing S.4327'03'W.) for 75.64 feet to a point of tangency, thence run S.86 *54'07 "W, for 256.32 feet to a paint of curvoture; thence westerly alon the arc of a curve to the right of radius 938.00 fait (dsito 06'23'14 "� (chord 104.29 feet) (chord bearing N.69'54'15"W.) for 104.34 toot to the and of acid curve; thence run S.13'26'32'W. for: 348.97 feet; thence run 5.69'T 4'IVW. for 234.29 feet; thence run S.001913 "E. for 25.00 feel; thence run 11.69'20'45 "W. for 396.46 toot to a paint on the wadi line of sold Sectlan 27 and the easterly right- of -wa; line of U.S. 41 (S.R. 4S) Tarnaiml Troll; thence run N.00'38'43 "W. along the west line of said Section 27 and sold easterly right -of -way Ifr'ta- of U.S. 41 far 1670.23 foot to the POINT OF BEGINNING. containing 39_23 acres more or less or 1,708.858.58 square feet more or Is* Bearings h*reinaboavo mentioned are based on the rest Line of Section 27, Township 46 South, Rang* 25 East-as being N.00'311'43 'W. Subloct to easements, rsservatfans and rostrgctions of record NOTES; I. THIS IS NOT A SURVEY. 2. BASIS OF BEARINGS IS 111E NORTH UNE OF THE NORTHWEST 1/4 OF SECTION 27. TOWNSHIP 48 SOUTH, RANGE 25 EAST AS SONG S. 89'45'00' E. 3. SU94ECT TO EASEMENTS. RESERVATIONS ANO RE.51RiCT1ON5 OF RECORQ. pap :IL-a -2-- -- a R R � of r � " kill .11 1-1-11 lit tag Is 1 « 0< 1 Ids Jim p� g ab if- vA!S!1A J s X11 911i 911 1� ;111111 1 big Cw a ��_ NOV 1 A 1000 Ilu a ci 02 I I W� our "m ft ftle W%" Noy 14 Ex i3 Pg. pow Engineer's Estimate of Probable Construction Cost South Road (Granada Shoppes) Item Description Quantity Unit Unit Price Total Price 1. Site Preparation 1 -1 Mobilization 1.00 LS $10,000.00 $10,000.00 1 -2 Clearing and Grubbing 1.89 AC $3,500.00 $6,615.00 1 -3 Embankment 4,585 CY $6.50 $29,802.50 1-4 Excavation of Lakes 3,230 CY $3.50 $11,305.00 Subtotal $57,722.50 II. Paving and Drainage II -1 1" S -1 Over 2" S -III Asphalt 2,567 SY $10.75 $27,595.25 II -2 8" Compacted Limerock 2,567 SY $6.50 $16,685.50 II -3 12" Stabilized Sub grade 2,890 SY $2.50 $7,225.00 II-4 Type F Curb & Gutter 1,346 LF $6.00 $8,076.00 11 -5 Type E Curb & Gutter 870 LF $9.00 $7,830.00 II -6 4" Concrete Sidewalk 615 SY $13.00 $7,995.00 11 -7 15" RCP Storm Sewer 327 LF $25.00 $8,175.00 II -8 30" RCP Storm Sewer 175 LF $40.00 $7,000.00 II -9 36" RCP Storm Sewer 122 LF $55.00 $6,710.00 II -10 48" RCP Storm Sewer 300 LF $86.00 $25,800. II -11 Curb Inlet Type P -2 4 EA $3,000.00 $12,000., 11 -12 Inlet Type C 2 EA $1,230.00 $2,460.00 11 -13 36" Headwall 1 EA $3,200.00 $3,200.00 II -13 48" Headwall 2 EA $5,000.00 $10,000.00 II -14 Custom WCS 1 EA $4,500.00 $4,500.00 Subtotal $150,751.75 III. Traffic Control Devices III -1 Sign Single Post 10 EA $210.00 $2,100.00 III -2 6" Traffic Stripe Solid White 775 LF $0.75 $581.25 III -3 12" Cross -Walk Stripe Solid White 530 LF $1.85 $980.50 111 -5 24" Traffic Stripe Solid (White) 88 LF $4.05 $356.40 III -6 JIDirectional Arrows 15 EA $89.50 $1,342.50 Subtotall $5,360.65 EXHBIT F. costestimate4a N ®V 14 2WO Item Description Quantity Unit Unit Price Total Price IV. Maintenance of traffic IV -1 Maintenance of traffic 1 LS $5,000.00 $5,000.00 Subtotal $5,000.00 V. Landscape V -1 Sodding 2,210 SY $2.25 $4,972.50 Subtotal $40972.50 Vi. Right of Way VI -1 Right of Way Takings 1 LS $0.00 $0.00 Subtotal $0.00 VII. Lighting VII -1 jStreet Lighting 1 LS $17,500.00 $17,500.00 Subtotal $17,500.00 Vlll. Design & Const. Management VII1 -1 PS &E 1 LS $30,000.00 $30,000.00 VIII -2 Permitting 1 LS $10,000.00 $10,000.00 VIII -3 Contract Administration 1 LS $2,500.00 $2,500.00 VIII -4 Construction Staking 1 LS $10,000.00 $10,000.00 VIII -5 Construction Obs. /Acce t. 1 LS $7,500.00 $7,500.00 VIII -6 Permit Fees 1 LS $7,000.00 $7,000.00 V111 -7 Street Lighting Design 1 LS $700.00 $700.00 Subtotall $67,700.00 EXHIMT costestimate4a Total $309,007.40 20% Contingencies $61,801.48 Grand Total $370,808.88 L, � � Christ er . Hagan Florida R i ion \o. 38649 Date; to / 31 /0 0 , f na� 4 2000 Pct. Engineer's Estimate of Probable Construction Cost South Road (OBP) Item Description Quantity Unit Unit Price Total Price I. Site Preparation 1 -1 Mobilization 1.00 LS $20,000.00 $20,000.00 1 -2 Clearing and Grubbing 1.52 AC $3,500.00 $5,320.00 1 -3 Embankment 12,119 CY $6.50 $78,773.50 1 -4 Excavation of Lakes 7,490 CY $3.50 $26,215.00 Subtotal $130,308.50 It. Paving and Drainage II -1 1" S -I Over 2" S -III Asphalt 3,350 SY $10.75 $36,012.50 II -2 8" Compacted Limerock 3,350 SY $6.50 $21,775.00 II -3 12" Stabilized Sub grade 3,886 SY $2.50 $9,715.00 11 -4 Type E Curb & Gutter 90 LF $9.00 $810.00 II -4 Type F Curb & Gutter 2,790 LF $6.00 $16,740.00 11 -5 4" Concrete Sidewalk 1,080 SY $13.00 $14,040.00 II -6 15" RCP Storm Sewer 0 LF $25.00 $0.00 11 -7 18" RCP Storm Sewer 60 LF $30.00 $1,800.00 II -8 24" RCP Storm Sewer 0 LF $35.00 $0.00 11 -9 30" RCP Storm Sewer 70 LF $40.00 $2,800 II -10 36" RCP Storm Sewer 675 LF $55.00 $37,125.. II -11 Water Control Structure P -2 1 EA $4,800.00 $4,800.00 II -12 Curb Inlet Type P -2 3 EA $3,000.00 $9,000.00 II -13 Inlet Type C 1 EA $1,230.00 $1,230.00 II -14 Junction Box Type J 2 EA $3,100.00 $6,200.00 11 -15 30" Head Wall 1 EA $2,200.00 $2,200.00 II -16 Inlet Tye D 2 EA $2,200.00 $4,400.00 II -17 4" Utility Sleeves 728 LF $4.00 $2,912.00 11 -18 Outfall Swale 1 LS $1,000.00 $1,000.00 Subtotal $172,559.50 III. Traffic Control Devices 111 -1 Sign Removal 5 EA $20.00 $100.00 III -2 Sign Single Post 4 EA $210.00 $840.00 III -3 6" Traffic Stripe Solid White 2,460 LF $0.75 $1,845.00 111-4 6" Traffic Stripe Solid Yellow 2,460 LF $0.75 $1,845.00 Subtotal $4,630.00 G./liw costestimate5 14 :UQ0 Pg. Item Description Quantity Unit Unit Price Total Price IV. Maintenance of traffic W -1 Maintenance of Traffic 1 LS $5,000.00 $5,000.00 Subtotal $5,000.00 V. Landscape V -1 Sodding 2,051 SY $2.25 $4,614.75 V -2 Seeding & Mulching 5,228 SY $0.36 $1,882.08 Subtotal $6,496.83 A. Right of Way VI -1 Right of Way Takings 1 LS $0.00 Subtotal $0.00 VII. Lighting VI1 -1 Street Lighting 1 LS $22,500.00 $22,500.00 Subtotal $22,500.00 Vill. Design & Const. Management V111-1 PS &E 1 LS $30,000.00 $30,000.00 V111 -2 Permitting 1 LS $10,000.00 $10,000.00 V111-3 Contract Administration 1 LS $2,500.00 $2,500.00 VII1 -4 Construction Staking 1 LS $10,000.00 $10,000.00 V111-5 Construction Obs.JAcce t. 1 LS $7,500.00 $7,500.00 VIII -6 Permit Fees 1 LS $7,500.00 $7,500.00 VIII -7 IStreet Lighting Design 1 LS $800.00 $800.00 Subtotal $68,300.00 EXW C _ Total $409,794.83 20% Contingencies $81,958.97 Grand Total $491,753.80 10 30 av costesftate5 This Instrument Prepared By: Daniel H. Cox, Esquire Yang, van Assendap, Varnadoe & Anderson, PA. 801 laurel Oak Drive, Suite 300 Naples, FL 34108 PROJECT: Creekside Boulevard Extension PARCEL: I & D FOLIO: 00167800004 & 00168040601 GRANT OF EASEMENT THIS EASEMENT, made and entered into this day of . 20 by OCEAN BOULEVARD PARTNERSHIP, a Florida general partnership, whose post office address is c/o Barron Collier Company, 2600 Golden Gate Parkway, Suite 200, Naples, Florida 34105, and OCEAN BOULEVARD PARTNERSHIP H, a Florida general partnership, whose post office address is c/o Barron Collier Company, 2600 Golden Gate Parkway, Suite 200, Naples, Florida 34105, hereinafter singularly or collectively referred to as "Grantor," to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, hereinafter referred to as "Grantee." (Wherever used herein the term "Grantor" includes both Ocean Boulevard Partnership, a Florida general partnership, and Ocean Boulevard Partnership U, a Florida general partnership, their respective heirs, legal representatives, successors and assigns, and is used for singular or plural, as the context requires. The term "Grantee" shall refer to Collier County, a political subdivision of the State of Florida.) (Grantee hereby acknowledges that assignment of its rights under this Grant of Easement is prohibited without the prior written consent of Grantor.) WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which are hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non - exclusive easement for road right -of -way, sidewalk, drainage, installation and operation of streetlights, and maintenance purposes, on the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference (the "Property"). Subject to easements, restrictions, and reservations of record. TO HAVE AND TO HOLD the same unto the Grantee, for the purpose of constructing, operating and maintaining road right -of -way, sidewalk, drainage, and streetlight facilities thereon. The easement granted herein shall constitute an easement running with the land and shall burden the lands described above. RESERVING, HOWEVER, UNTO GRANTOR, its successors and assigns, the right to install and maintain landscaping within the easement hereby granted, and to erect, construct and maintain such signage as is consistent with County regulations and typically associated with developments of the type contemplated for Grantor's property adjacent to the easement as approved by Collier County Ordinance No. 98 -91 creating the Granada Shoppes PUD, including but not limited to, project directory signs; provided, however, any righ for shall be subordinate to Grantee's right to redesign the roadway or othe se usp9,r m purposes. wo. T M" Exhibit "M Page 1 I NOV 14 2000 0 GRANTOR AND GRANTEE further acknowledge and agree, that Grantor will construct road improvements, drainage facilities, street lighting and landscaping within the easement area pursuant to the Developer Contribution Agreement entered into between Grantor and Grantee on or about November 14, 2000 (the "Improvements'. Grantee, hereby covenants with Grantor, Grantor's heirs, successors and assigns, that Grantee, from time to time, after acceptance of the roadway, will repair and maintain in a proper, substantial and workmanlike manner the above described Improvements. IN WITNESS WHEREOF, Grantor and Grantee have caused these presents to be executed the date and year first above written. This Grant of Easement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. AS TO GRANTOR: Signed, sealed and delivered in the presence of Witness Print Name Witness Print Name STATE OF COUNTY OF OCEAN BOULEVARD PARTNERSHIP a Florida general partnership BY: Lamar Gable, as a Partner The foregoing instniment was acknowledged before me this — day of 2000, by Lamar Gable, as a Partner. He is personally known to me or has produced as identification and did not take an oath. (Notary Seal) Notary Public Printed Name: My Commission Expires: ±1c." r NOV i � 2000 Exhibit "D" Page 2 'j Syr STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of . 2000, by Barron Collier III, as a Partner. He is personally known to me or has produced as identification and did not take an oath. (Notary Seal) Notary Public Printed :dame: My Commission Expires: III S Witness Juliet C. Sproul, as a Partner Print Name '3G ' � EI(I iqc. i7 Witness NOV 14 2000 Print Name (; STATE OF r� t' COUNTY OF �i The foregoing instrument was acknowledged before me this — day of 2000, by Juliet C. Sproul, as a Partner. She is personally known to me or has produced as identification and did not take an oath. (Notary Seal) Notary Public Printed Name: My Commission Expires: BY: Witness Frances G. Villere, as a Partner Print Name Witness Print Name STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of 2000, by Frances G. Villere, as a Partner. She is personally ]mown to me or has produced as identification and did not take an oath. (Notary Seal) Notary Public Printed Name: My Commission Expires: BY: Witness Barron Collier III, as a Partner Print Name Witness Print Name STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of . 2000, by Barron Collier III, as a Partner. He is personally known to me or has produced as identification and did not take an oath. (Notary Seal) Notary Public Printed :dame: My Commission Expires: III S Witness Juliet C. Sproul, as a Partner Print Name '3G ' � EI(I iqc. i7 Witness NOV 14 2000 Print Name (; STATE OF r� t' COUNTY OF �i The foregoing instrument was acknowledged before me this — day of 2000, by Juliet C. Sproul, as a Partner. She is personally known to me or has produced as identification and did not take an oath. (Notary Seal) Notary Public Printed Name: My Commission Expires: Witness Print Name Witness Print Name STATE OF COUNTY OF OCEAN BOULEVARD PARTNERSHIP H, a Florida general partnership BY: Lamar Gable, as a Partner of Ocean Boulevard Partnership II The foregoing instrument was acknowledged before me this day of 2000 by Lamar Gable as a Partner of Ocean Boulevard Partnership 11, a Florida general partnership. He is personally known to me or has produced as identification and did not take an oath. Notary Public Printed name: (Notary Seal) My Commission Expires: CITRUST, a Louisiana Partnership, as a Partner of Ocean Boulevard Partnership II BY: Witness Christopher D. Vill ere, as a Partner of Citrust Print Name Witness Print name STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2000 by Christopher D. Villere as a Partner of Citrust, as Partner of Ocean Boulevard Partnership II, a Florida general partnership. He is personally known to me or has produced as identification and did not take an oath. (Notary Seal) Notary Public Printed name: My Commission Expires: im 'NOV 14 2NO Witness Print Name Witness Print name BY: Mathilde V. Currence formerly known as Mathilde B. Villere, as a Partner of Citrust STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2000 by Mathilde V. Currence, formerly known as Mathilde B. Villere, as a Partner of Citrust, as Partner of Ocean Boulevard Partnership H. She is personally known to me or has produced as identification and did not take an oath. (Notary Seal) BY: Witness Print Name Witness Pnnt Name Notary Public Printed name: My Commission Expires: Lamar G. Villere, as a Partner of Citrust STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2000 by Lamar G. Villere, as a Partner of Citrust, as Partner of Ocean Boulevard Partnership II, a Florida general partnership. He is personally known to me or has produced as identification and did not take an oath. Notary Public Printed name: (Notary Seal) My Commission Expires: GIFT PARTNERSHIP, a Florida general Partnership, as a Partner of Ocean Boulevard Partnership II BY: Witness Katherine G. Sproul, as a Partner of Gift Partnership Print Name - Witness Print Name NOV 14 2000 �t STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of . 2000 by Katherine G. Sproul, as a Partner of Gift Partnership, as Partner of Ocean Boulevard Partnership II, a Florida general partnership. She is personally known to me or has produced as identification and did not take an oath. Notary Public Printed name: (Notary Seal) My Commission Expires: BY Witness Jennifer S. Sullivan, formerly known as Jennifer A. Sproul, as a Partner of Gift Partnership Print Name Witness Print Name STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2000 by Jennifer S. Sullivan, formerly known as Jennifer A. Sproul, as a Partner Gift Partnership, as Partner of Ocean Boulevard Partnership II, a Florida general partnership. She is personally known to me or has produced as identification and did not take an oath. Notary Public Printed name: (Notary Seal) My Commission Expires: BY: Witness Julie A. Sproul, as a Partner of Gift Partnership Print Name Witness AG ® ,EM Print Name -NOV 14 2000 i STATE OF COUNTY OF t pg. 41 �i The foregoing instrument was acknowledged before me this day of 2000 by Julie A. Sproul, as a Partner of Gift Partnership, as Partner of Ocean Boulevard Partnership II, a Florida general partnership. She is personally known to me or has produced as identification and did not take an oath. Notary Public Printed name: (Notary Seal) My Commission Expires: Mc. WLY—�= NOV 14 2000 Pg. BARRON G. COLLIER IV IRREVOCABLE TRUST, as a Partner of Ocean Boulevard Partnership II BY: Witness Juliet C. Sproul, as Trustee Print Name Witness Print Name ALEXANDRA EDEN COLLIER IRREVOCABLE TRUST as a Partner of Ocean Boulevard Partnership II BY: Witness Juliet C. Sproul, as Trustee Print Name Witness Print :dame LARA CHRISTINA COLLIER IRREVOCABLE TRUST as a Partner of Ocean Boulevard Partnership IT BY: Witness Juliet C. Sproul, as Trustee Print Name Witness Print Name Mc. WLY—�= NOV 14 2000 Pg. STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of 2000 by Juliet C. Sproul, as Trustee of Barron G. Collier IV Irrevocable Trust, on behalf of the Trust, as a Partner of Ocean Boulevard Partnership II, a Florida general partnership. She is personally known to me or has produced as identification and did not take an oath. (Notary Seal) Notary Public Printed name: My Commission Expires: STATE OF _ COUNTY OF The foregoing instrument was acknowledged before me this day of 2000 by Juliet C. Sproul, as Trustee of Alexandra Eden Collier Irrevocable Trust, on behalf of the Trust, as a Partner of Ocean Boulevard Partnership II, a Florida general partnership. She is personally known to me or has produced as identification and did not take an oath. (Notary Seal) Notary Public Printed name: My Commission Expires: STATE OF _ COUNTY OF The foregoing instrument was acknowledged before me this day of 2000 by Juliet C. Sproul, as Trustee of Lara Christina Collier Irrevocable Trust, on behalf of the Trust, as Partner to Ocean Boulevard Partnership II, a Florida general partnership. She is personally known to me or has produced as identification and did not take an oath. (Notary Seal) AS TO GRANTEE: ATTEST: DWIGHT E. BROCK, Clerk By: , Deputy Clerk Approved as to form and legal sufficiency Heidi F. Ashton Assistant County Attorney Notary Public Printed name: My Commission Expires: BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By: JAME€ ?"'ER, PH.D., Chairman F:Wsera1BETSY\WoRZARRON COLLIERIGRANADA SHOPPES \Grant of Esser j•27 w d L i t orm 6 legal sufficiency County Attorney ONOw H N� 0 Zptc 7 .�N. ZW-0mo -+,o- A Q N 7 4 M O O° < r-1 W S W O y 0 %b o� a Z rt � m « < p)W ° a �e a 3 0 �° A O p 0 O t0lp C rn+• -�. W O `c Q 7 to C �• -�• rt-w �-C Wn r►0 lay'< mTl_� amp O'> U) O� n t� S 7 �+ S t 7 1 a 7 A n 7 D 'r 7. 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EXHIBIT "E ", Page I of 2 DEVELOPER'S ROAD IMPACT FEE CREDIT LEDGER Hy1PORTANT: This Road Impact Fee Credit Ledger is intended to document the balance of Road Impact Fee Credits applying ONLY to the following property: Granada Shoppes PUD See attached legal description, describing the parent tract BEGINNING BALANCE .............The Actual eerttfied costs in an amount not to exceed the certified cast estimate of 5309,007.40, plus up to an additional twenty percent (20 %) for an amount not to exceed $370,808.88, which is available upon completion of the construction of the Roadway, preliminary acceptance of the Roadway by the County and receipt by the County of the actual construction costs, which have been certified by a professional engineer, registered in the State of Florida, as being true and correct. DATE PERMIT NO. ROAD IMPACT FEE COUNTY OFFICIAL DEVELOPER IMPACT CREDIT REPRESENTATIVE FEES DUE BALANCE (SIGNATURE) (SIGNATURE) $ S s S s s i s S S S S 5 S S s s s a s s s S DESCRIP nON A tract or parcel of land Aying in Section 27, Township 48 South, Range 23 East. Collier County, Florida which tract or parcel is described as follows: From the northwest corner of Section 27, Township 48 South, Range 25 East, Collier County. Florida run S.00'36'43 "E. along the west fine of the northwest 1/4 of sold section 27 for 125.02 feet to a its intersection with the southerly right -of -way fine of Immokolee Road (CR -84157 and the POINT OF BEGINNING. thence run N.,W38'23'EE along the southarty rights -of -May line of said Immokoles Road for 34.99 feet; thence run 5.89'45'00'E. along the southerly right -of -way line of said immokafas Road for 573.45 fact: thence run S.86'33'WL along the southerly right -of. -way lins'ol said Immokelse Read for $00.61 feet: thence run S.139'45'00'E, along the southerly right -ol --way fine of sold Immokoles Road for 134.22 lest•, thence ruri 5.00'00'00 "E. for 224,63 feet to o point of curvature; thence southwesterly along the are of a curve to the right of radius 85.00 feet (delta 90'00'00') (chord 120.21 feet) (chard bearing 5.45'+00'00'W.) for 133.32 feet to the end of said curve: thence run 500'00'00'E for 830.91 foot to- o point of curvature; thence southwosterly along the arc of a Curve to the right of radius 50.00 foot (delta 81554'07') (chard' 68.77 feet) (chord bearing S.43'27'03'W.) for 73.84 loot to a point of tangency; thence run S.86S4'07'W. for 255.32 feet to a point of curvatura; thence westerly along he are of o Curve to the right of radius 936.00 fait (delta 06'23'14" (chord 10429 feet) (chord bearing N_89734`16'W.) for 104.34 feet to the and of sold curve; thence run S.13- 26'32'W. for 348.97 feet; thence run S.593V -15'W. for 2"!8.29 toot: thence run S.001915'E. for 25.00 feet: thence run 5.89'20'45'W. for 396.46 feet to a point on the west line of said Section 27 and the eosterfy right- of -wa; line of U.S. 41 (S-R. 45) Tamaiml Trap; thence run N,00,318'43-W. along the west line of said Section 27 and said easterly right -of -way lirib- of U.S. 41 for 1670.23 feet to the POINT OF BEGINNING. containing 39.23 acres more or fuss or 1.708.858.58 square fast more or I** Bearings hersfnobaove mentioned are based an the west Una of Section 27, Township 48 South, Range 25 East ' as being N.00'38 43'W. Subject to easements. reservations and restr4ction■ of record NOTE'S: 1. THIS IS NOT A SURVEY. 2. BASIS OF BEARINGS IS THE NORTH UNE OF THE NOKT"WEST 1/4, OF SECTION 27. TOWNSHIP 48 SOUTH, RANGE 23 EAST AS BEING S. 89'45'00' E. 3• SUBJECT TO EASEMENTS. RESERVATIONS AND RESTRiCTiONS Ofr ftECORO. mW 1 Few R9A D M o. NOV 14 2000 Pg. EXMIT "F ", Page 1 of 3 DEVELOPER'S ROAD IMPACT FEE CREDIT LEDGER IMPORTANT: This Road Impact Fee Credit Ledger is intended to document the balance of Road Impact Fee Credits applying ONLY to the following property: OBP- Farm Parcel See attached legal description, describing the parent tract. BEGINNING BALANCE .............The Actual certified costs in an amount not to exceed the certified cost estimate of $409,794.83, plus up to an additional twenty percent (20 %) for an amount not to exceed 5491,751.80, which is available upon completion of the construction of the Roadway, preliminary acceptance of the Roadway by the County and receipt by the County of the actual construction costs, which have been certified by a professional engineer, registered in the State of Florida, as being true and correct. DATE PERMIT NO. ROAD IMPACT FEE COUNTY OFFICIAL DEVELOPER IMPACT CREDIT REPRESENTATIVE FEES DUE BALANCE (SIGNATURE) (SIGNATURE) S $ S S S S S S $ $ S $ S S S S $ s S s S s if W1 lei �g �J 4 A� bb� � R �' 01111,1111 <91 A its �`- gg 1 x� 1 Q A < 1,1lb be b R *go* R I- bb t10'd R F Z �im =- I A. I w9 t j �i � cn fill Wr lot 144'a Ww �ail�' k 1_P if j1#111 CL 11 it P. A Noy 14 2000 Pg. EX F Hill cn fill Wr lot 144'a Ww �ail�' k 1_P if j1#111 CL 11 it P. A Noy 14 2000 Pg. EX F EXECUTIVE SUMMARY APPROVE A DEVELOPER CONTRIBUTION AGREEMENT AND ACCEPT THE PLAT DEDICATION FROM CREEKSIDE WEST, INC. OBJECTIVE: To obtain Board approval for a Developer Contribution Agreement between Collier County ( "County ") and Creekside West, Inc. ( "Developer "), outlining the contribution of a fee - simple interest, by plat dedication, and improvements to the Collier County Transportation Roadway Network by constructing the easternmost segment of a connector roadway between Goodlette -Frank Road and U.S. Highway 41 ("Roadway"). CONSIDERATION: In accordance with the stipulations contained in Collier County Ordinance No. 97 -51 creating the Creekside Commerce Park PUD, the Developer is required to convey the appropriate right -of -way necessary for a connector roadway and to construct an internal segment of said roadway in order to provide a connection between Goodlette -Frank Road and U.S. Highway 41. Ordinance No. 92 -22, as amended, Section 3.06 provides for the establishment of a "development contribution credit" against road impact fees imposed under Section 2.01, in return for certain donations of required lands or for the contribution of Off -Site Improvements to the Transportation Network. Under the provisions of the above - referenced Ordinance, when the Transportation Administrator approves the dedication of said land as being necessary for the construction of Collier County "transportation network" improvements, the / — Administrator may ask the Board of County Commissioners to approve a Developer Contribution Agreement 7hich will establish a credit against impact fees otherwise payable for the development of the parent parcel r'rom which the dedication came. County is desirous of making improvements to the Collier County Transportation Network, by adding an east - west connector roadway between Goodlette -Frank Road and U.S. Highway 41. The Developer agrees to convey the necessary road right -of -way and to make the roadway improvements, which are to include the design and construction of the connector roadway ( "Contribution "), as approved by the Collier County Transportation Division. Upon execution of the Developer Contribution Agreement by the Chairman of the. Board of County Commissioners, the Developer shall be required to plat the land conveyance to County. The Developer has caused the market value of the land conveyance to be appraised. Both parties acknowledge and accept that the value of the land conveyance is Four Hundred Eighty Six Thousand ($486,000.00) Dollars, as derived from an analysis of comparable sales of similar properties, between unrelated parties in a bargaining transaction. The total cost of the Developer's Contribution and the land conveyance, dependent on the certified actual costs of the design and construction of the Roadway, will not exceed $722,589.56 (this amount includes a 20% cap on the estimated costs of construction). The costs will be paid in the form of a compensation payment of $486,000.00, by County Warrant, due within 30 days of the recordation of the plat dedication of the fee - simple parcel and a road impact fee credit in an amount not to exceed $236,589.56 (the certified actual construction costs less the compensation payment of $486,000.00, for a total not to exceed $722,589.56), shall be available upon completion of the construction of the Roadway, preliminary acceptance of the Roadway by the County, and receipt by County of the actual construction costs thereof certified by a professional engineer, registered in a State of Florida, as being true and accurate. AGENDA ITEM NO.Do'3 7 NOV 14 2000 pg. 1 0-C 17 ,SCAL IMPACT: The Developer Contribution Agreement shall require a compensation payment for the and conveyance in an amount of $486,000, which shall be expended from Gas Taxes under the Advanced Right of Way Project. In addition, the Developer Contribution Agreement shall establish a Road Impact Fee Credit in an amount dependent on the certified actual costs of the design and construction of the Roadway, which will not exceed $236,589.56. This Road Impact Fee Credit shall be established in Road Impact Fee District One. Fund: #331 Cost Center: #163650 (Road Impact Fee District One) GROWTH MANAGEMENT IMPACT: Execution of the Developer Contribution Agreement, thereby granting the compensation payment and the impact fee credit will provide for the construction of necessary infrastructure, a component of the Collier County Transportation Network, which is consistent with the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners; 1. Approve the attached Developer Contribution Agreement, outlining the contribution of a fee - simple interest, by plat dedication, and improvements to the Collier County Roadway Network in exchange for a compensation payment and impact fee credit; and 2. Authorize the Chairman to execute the Developer Contribution Agreement, on behalf of the Board of County Commissioners; and Authorize the compensation payment of $486,000.00, by County Warrant, to the Developer; and 4. Authorize Staff to record all pertinent documentation in the Public Records of Collier County, Florida. SUBMITTED BY:----� = �_�, z �, _ f -�. = > �� DATE:,'( J. Ke hi Gomez, Real Propq�oy Specialist II, Real Property Management Depart ent REVIEWED BY: / %�� DATE: /— % — OCR aW—n R. Wolfe, Transportabo Director, Transportation Planning Deptment REVIEWED BY: Mitch Rilf�}}YY, P.E., En2ineeripia and C APPROVED BY: Management Department Norm�ffi Feder, AICP, Administrator, Transportation Division TE: f 1 e 0 DATE: / f AGENDA ITEM No. 1 �- i3 -7 NOV 14 2000 Pg. Z o This Instrument Prepared By: R Bruce Anderson, Esq. Yang, van Anmfderp, Vamadoe & Andenton, PA. 801 Laurel Oak Drive, Suite 300 Naples, FL 34108 DEVELOPER CONTRIBUTION AGREEMENT THIS AGREEMENT is made and entered into this day of 2000, by and between CREEKSIDE WEST, INC., a Florida corporation, whose post office address is 2600 Golden Gate Parkway, Suite 200, Naples, Florida 34105, hereinafter referred to as "Developer ", and COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as "County". RECITALS WHEREAS, Collier County Ordinance No. 97 -51 creating the Creekside Commerce Park PUD, required the conveyance of the appropriate easements or reserve right -of -way so that the southerly access road west of Goodlette -Frank Road may be interconnected to the properties west of Creekside Commerce Park, hereinafter referred to as "Contribution ", shown and described in EXHIBIT "A ", and to construct the segment of internal roadway, herein referred to as "Roadway ", that connects Goodlette -Frank Road to the Industrial Commerce parcel and the western Boundary of Creekside Commerce Park PUD, that is west of Goodlette -Frank Road and abuts Pelican Marsh; and WHEREAS, the Developer is the record title holder of the parent tract, Creekside Commerce Park West, Unit #1 (exclusive of Parcel #4 and Parcel #5) and Unit #2, which property is shown and described in EXHIBIT `B ", which is attached hereto and made a part hereof, hereinafter referred to as "Property"; and WHEREAS, the stipulations of Collier County Ordinance No. 98 -91, creating the Granada Shoppes PUD, provided that the Developer will receive Road Impact Fee Credits for the Developer's actual cost for design and construction of the Roadway; and Page 1 of 6 AGE DA I 'M No. NOV 14 2000 P9- WHEREAS, Developer will receive reimbursement in the form of cash payment and impact fee credits in an amount not to exceed the Certified Cost Estimate, plus up to an additional twenty percent (20 %) of the Certified Cost Estimate, for the construction of the Roadway; and WHEREAS, the Developer has caused the value of the design and construction of the Roadway to be determined by a Certified Cost Estimate prepared by Johnson Engineering, Inc., a copy of which is attached as EXHIBIT "C ", and approved by the Collier County Transportation Engineering and Construction Management Department; and WHEREAS, the County and Developer accept the Certified Cost Estimate of the design and construction of the Roadway; and WHEREAS, both parties to this Agreement acknowledge that the value of the design and construction of the Roadway is SIX HUNDRED TWO THOUSAND ONE HUNDRED FIFTY- SEVEN AND 97/100 ($602,157.97) DOLLARS, based on the Certified Cost Estimate prepared by Johnson Engineering, Inc., hereinafter "Certified Cost Estimate"; and WHEREAS, the Developer has caused the fair market value of the Contribution to be appraised; and WHEREAS, both Developer and County agree that the market value of the right -of -way dedicated for use as a connector road from Goodlette -Frank through the Creekside Commerce Park PUD to the western boundary of the Creekside Commerce Park PUD, as derived from an analysis of comparable sales of similar properties, between unrelated parties in a bargaining transaction, is $486,000; and WHEREAS, County accepts the appraised value of the Contribution; WHEREAS, both parties to this Agreement acknowledge that the Road Impact Fee Credits established under this Agreement shall run with the Property, and are assignable by the Developer within Road Impact Fee District One as described herein, and shall be reduced by the amount of the Road Impact Fee due for each building permit issued thereon, until all such Credit has been exhausted, or until all development upon the Property has been completed, or until all such Credit has been assigned; and WHEREAS, both parties to this Agreement acknowledge that Road Impact Fee Credits shall be a credit only against Road Impact Fees, and that such Credits shall not offset, AGE ND I EM Ni, Page 2 of 6 1 NOV 14 2000 p9._`{a 0 diminish or reduce any other charges, fees or other impact fees for which the Developer is responsible in connection with the development of the Property; and WHEREAS, both parties to this Agreement acknowledge that the failure of this Agreement to address any permit, condition, term or restriction shall not relieve either party, or their successors, of the necessity of complying with any law, ordinance, rule or regulation governing said permitting requirements, conditions, terms or restrictions; and WHEREAS, both parties to this Agreement acknowledge that the burdens and benefits of this Agreement shall be binding upon and shall inure to the successors in interest to the parties to this Agreement; and WHEREAS, both parties to this Agreement acknowledge that this Agreement is not to be construed as a development agreement under the Florida Local Government Development Agreement Act. WITNESSETH NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged between the parties, the receipt and sufficiency of which is mutually acknowledged, and in consideration of the covenants contained herein, the parties agree as follows: 1. The above recitals are true and correct, and are herewith incorporated as a part of this Agreement. 2. Developer shall provide County with a current title commitment providing documentation as to the record title holders of the Property, which commitment shall also identify any lienholders having any lien or encumbrance affecting the portion of the Property known as the Contribution. 3. The Developer shall convey, via plat dedication of fee simple title, free of all liens and encumbrances, a road right -of -way, the Contribution, so that the southerly access road west of Goodlette -Frank Road may be interconnected to the properties to the west of Creekside Commerce Park, more particularly illustrated in EXHIBIT "A" and described by Johnson Engineering, Inc. as Project #981253. 4. Developer agrees to construct the Roadway that connects Goodlette -Frank Road to the Industrial Commerce parcel, herein referred to as the Southern Parcel, that is west of Page 3 of 6 AG N A ITEM No. NOV 14 2000 Pg. 7 Goodlette -Frank Road and abuts Pelican Marsh, (as approved by the Collier County Board of County Commissioners on October 10, 2000), within sixty (60) days following an order by County after County has completed construction of sanitary sewer improvements within the Roadway area. 5. Any deviations from the County approved design, as illustrated in EXHIBIT "D ", requires prior written approval by the County. 6. In exchange for the construction of the Roadway as noted above, the Developer shall be entitled to a Road Impact Fee Credit and compensation payment in an amount of the Developer's actual costs for the construction of the Roadway described in Section 4, certified by an engineer and not to exceed twenty percent (20 %) of the Certified Cost Estimate. The credit and compensation payment shall be effective as follows: (a)$486,000, by County Warrant, which represents the appraised fair market value of the right -of -way area described in EXHIBIT "A ", shall be paid within thirty (30) days of recordation of the plat dedication of the fee - simple parcel; and a road impact fee credit in an amount equal to the certified actual construction costs less the compensation payment of $486,000.00, for a total not to exceed $236,589.56, which includes a twenty percent (20 %) cap on the certified estimate of costs and which shall be available upon completion of the construction of the Roadway as illustrated in EXHIBIT `V% preliminary acceptance of the Roadway by the County, and receipt by County of the actual construction costs thereof certified by a professional engineer, registered in the State of Florida, as being true and accurate. 7. Developer shall retain adequate records and supporting documentation which concern or reflect total project cost of the improvements to be conveyed. This information shall be available to the County, or its duly authorized agent or representative, for audit, inspection or copying, for a minimum of five (5) years from the termination of this Agreement. 8. Effective upon completion of the Roadway and acceptance by the County as described in Section 6, until development of the Property is completed, or until the balance of the Road Impact Fee Credit has been reduced to zero, the County shall apply portions of the Road Impact Fee Credit toward the Road Impact Fees which the Developer or its AGENDA ITEM Page 4 of 6 No. _ NOV 14 2000 P. 17 assignee is required to pay for each building permit which is applied for on the Property, or as provided herein, reducing the balance of the Road Impact Fee Credit by the same amount due for each building permit or other development order so issued. All impact Fee Credits granted to Developer hereunder shall be assignable in whole or in part to any successor or assign designated by said Developer within Road Impact Fee District One, as defined in Ordinance 92 -22, Appendix B, as amended; in addition, such Impact Fee Credits may be used by Developer, its successor or assigns, for any land development project of Developer or a related entity in Road Impact Fee District One. 9. County shall provide Developer with a certified copy of this Agreement, including all exhibits attached hereto, such that Developer's certified copy of EX 03IT "E" (Road Impact Fee Credit Ledger), shall serve as the ledger sheet to document Developer's balance of Road Impact Fee Credits. 10. With each building permit, or earlier development order if Developer so elects, issued on the Property to the Developer or its assign, the County shall subtract from the Road Impact Fee Credit balance the amount of Road Impact Fees appropriate to that particular permit and shall enter the new balance in the ledger column labeled Impact Fee Credit Balance. Next to this new credit balance, both the County Official issuing the building permit and the Developer's Representative applying for the building permit shall print and sign their names. This procedure shall also be followed by any assignee of Road Impact Fee Credits from Developer. 11. County shall record this Agreement in the public records of Collier County, Florida, within 14 days of its execution by the Chairman of the Board of County Commissioners. 12. Either party to this Agreement may file an action for injunctive relief in the Circuit Court of Collier County, Florida, to enforce the terms and conditions of this Agreement, said remedy being cumulative with any and all other remedies available to the parries for enforcement of the Agreement. 13. This Agreement may be amended or canceled only by the mutual consent of the parties to the Agreement, or by their successors in interest. 14. This written Agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no prior or contemporaneous Page 5 of 6 AGENDA TEM No. Nov 14 2000 Pg. /I written or oral agreements, understandings, promises, warranties or covenants not contained herein. IN WITNESS WHEREOF, the parties have hereunto affixed their signatures by their duly authorized representatives ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: Date: JAMES D. CARTER, PH.D., Chairman Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney WITNESSES: CREEKSIDE WEST, INC., a Florida (Signature) corporation By: (Print or Type) PAUL J. MARINELLI, President (Signature) 2600 Golden Gate Parkway Suite 200 Naples, Florida 34105 (Print or Type) STATE OF COUNTY OF The foregoing Developer Contribution Agreement was acknowledged before me this day of 12000, by Paul J. Marinelli, as President, on behalf of CREEKSIDE WEST, INC., a Florida corporation, who is personally known to me or has produced as identification. (affix notari a► sea► AGENDA ITEM No. NOV 14 2000 Pg. q 61 Q (Signature of Notary Public) (Print name of Notary Public) NOTARY PUBLIC Serial/Commission #: if any _ My Commission Expires: _ FAusen\BE7SY\Wp9\6ARR0N COLLIMCREEKSIM102700 CREEKSIDE DCA FINAL.wpd Page 6 of 6 Ap^ved as to fore a legal sufficienc®R. Assistant County Attorney Tc -�•M _-ov o._mn o* no N Zn � 00 m N. N O N m to �• - y - C O CL O O 00 , _O. 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EXHIBIT "B" All of Creekside Commerce Park West - Unit One, less and except Tracts 4 and 5, according 1 the plat rece; ded in Plat Book 29, Pages 57 and 58, Public Records of Coiner County, Florida. and A tract or parcel of land lying in the Northeast quarter of Section 27, Township 46 South, Range 25 East, Collier County, Florida also being a portion of Tracts 1, 3 and GC1 as shown on the Plat of Pelican Marsh Golf Course, Phase Three as recorded in Plat Book 25 Pages 14 -16 and all of Tract F1 of Creekside Commerce Park West -Unit One, Plat Book 29 at pages 57 and 58 both of the Public Records of Collier County, Florida which tract or parcel is described as follows: Begin at the northeasterly corner of Creekside Commerce Park West -Unit One as recorded in Plat Book 29 at pages 57 and 58 said point lying on the Southerly right -of -way line of Immokalee Road (County Road 846) from said Point of Beginning run S.89'48'16 "E. along the said Southerly right -of -way line of Immokalee Road for 216.09 feet; thence run N.05'34'16 "W. along the said Southerly right -of- way line of Immokalee Road for 10.05 feet; thence run 5.89'48'16 "E. along the said Southerly right -of -way line of Immokalee Road for 486.20 feet to its intersection with the Westerly right -of -way line of Goodlette -Frank Road ( County Road 851); thence run 5.05'33'55 "E. along the said Westerly right -of -way line of Goodlette -Frank Road for 1619.43 feet to the Northeasterly corner of Pelican Marsh Golf Course, Phase Three; thence continue S.05'33'55 "E. along the said Westerly right -of -way line of Goodlette Road for .147.15 feet; thence run S.89'20'45 W. for 51.20 feet; thence run N.2356'01 "W. for 13.07 feet to a point of curvature; thence Northwesterly along the arc of a curve to the right of radius 80.00 feet (delta 22'00'01 ") (chord 30.53 feet) (chord bearing N.12'56'04 "W.) for 30.72 feet to a point of tangency, thence run N.05'01'01 "W. for 31.56 feet; thence run N.36'19'27 "W, for 32.02 feet; thence run N.56'04'43 "W. for 35.11 feet; thence run N.80'39'23 "W. for 32.53 feet; thence run N. 88'39'20" W. for 97.78 feet; thence run N.86'04'48 "W. for 45.79 feet; thence run N.89'49'56 "W. for 132.77 feet; thence run N.69'40'18 "W. for 49.44 feet; thence run S.87 °2'(O6"W. for a distance of 132.37 feet; thence run 5.84'45'32 "W. for 23.43 feet; thence run S.74'56'42 "W. for 61.32 feet to the southeast corner of said Tract F1 of said Creekside Commerce Park West -Unit One; thence continue 5.74'56'42 "W. along the southerly line of said Tract F1 for 60.00 feet; thence run along the southerly line of said Tract F1 the following twenty -three (23) courses: 1) S.79'49'51 "W. for 45.93 feet to a point of curvature; 2) Northwesterly along the arc of a curve to the right of radius 66.00 feet (delta39'30'17") (chord 44.61 feet) (chord bearing N.80'25'01 "W.) for 45.51 feet to a point of reverse curvature; 3) Northwesterly along the arc of a curve to the left of radius 150.00 feet (delta 20'12'56 ") (chord 52.65 feet) (chord bearing N.70'46'21 "W.) for 52.92 feet to a point of tangency, 4) N.80'52'50 W. for 36.59 feet to a point of curvature; 5) Southwesterly along the arc of a curve to the left of radius 80.00 feet (delta 33'04'22 ") (chord 45.54 feet) (chord bearing S.82'35'04 "W.) for 46.18 feet to a point of reverse 6 ture' 6) along the arc of a curve to the right of radius 60.00 feet (delta '24 ") (chord 37.52 feet) (chord bearing 5.84'16'06 "W.) for 38.16 feet to point of reverse curvature; 7) Northwesterly along the arc of a curve to the I ft of radius 305.00 feet (delta 12'55'59 ") (chord 68.70 feet) (chord bearing A1 83'58'44 "W.) for 68.85 feet to a point of tangency, 8) S.89'33'17 "W. for .36 feet; 9) S.89'39'11 "W, for 71.63 feet; 10) N.89'35'03 "W. for 36.03 feet; 1 ) 5.86'06'33 "W. for 42.94 feet; 12) 5.83'44'08 "W. for 26.23 feet; 1 S.51'01'05 "W. for 27.49 feet; 14) S.33'25'42 "W. for 19.95 feet; 5.15'39'57 "W. for 20.54 feet; 16) 5.10'54'31 "W. for 34.64 feet; 17 5.89'20'06 "W. for 101.06 feet; 18) N.10'45'58 "E. for 101.42 feet; 19 N.89'20'45 "E. for 65.45 feet; 20) N.00'39'15 "W. for 100.64 feet; 21 S.89'20'45 "W. for 503.78 feet; 22) N.00'39'15 "W. for ' 27.71 feet; 23) N.72'59'03 "W. for 127.88 feet to the Southwest comer of said Tract F1; thence run N.02'19'57 "W. along the Westerly line of said Tract F1 for 456.28 feet to the Northwesterly corner of said Tract 171; thence run S.89'49'08 "E. along the Northerly line of said Tract F1 for 1215.21 feet to the Northeasterly corner of sold Tract F1; thence run N.05'34'16 "W. along the Easterly line of said Creekside Commerce Park West Unit -One for 522.91 feet; thence run S.8425'44 "W. along the said Easterly line of said Creekside Commerce Park West Unit -One for 20.00 feet; thence run N.05'34'16 "W. along the said Easterly line of said Creekside Commerce Park West Unit -One for 490.29 feet to the Point of Beginning. Containing 42.13 acres more or less. Engineer's Estimate of Probable Construction Cost Creekside Boulevard Item Description Quantity Unit Unit Price Total Price I. Site Preparation I -1 Mobilization 1 LS $25,000.00 $25,000.00 1 -2 Cleadng and Grubbing 3.36 AC $3,500.00 $11,760.00 1 -3 Embankment 4,800 CY $5.00 $24,000.00 1-4 Excavation of Lakes 5,680 CY $2.00 $11,360.00 Subtotal $72,120.00 II. Paving and Drainage II -1 3" Type S -III Asphait 8,553 SY $5.85 $50,035.05 II -2 8" Compacted Limerock 8,553 SY $5.55 $47,469.15 II -3 12" Stabilized Subgrade 9,673 SY $2.25 $21,764.25 II-4 Type F Curb 3,733 LF $5.50 $20,531.50 II -5 Valley Gutter 300 LF $7.50 $2,250.00 II -6 4" Concrete Sidewalk 818 SY $7.00 $5,726.00 II -7 Paver Block Section 68 SY $55.60 $3,780.80 II -8 Guard Rail 350 LF $19.00 $6,650.00 I1-9 End Anchor Assembly Type IV 4 EA $550.00 $2,200.00 11 -10 24" RCP Storm Sewer 315 LF $28.00 $8,820.00 11 -11 30" RCP Storm Sewer 290 LF $38.00 $11,020.00 II -12 36" RCP Storm Sewer 300 LF $49.00 $14,700.00 II -13 48" RCP Storm Sewer 300 LF $69.00 $20,700.00 11 -14 54" RCP Storm Sewer 127 LF $85.00 $10,795.00 II -15 60" RCP Storm Sewer 55 LF $118.00 $6,4914,.30 I1 -16 Box Culvert Canal Crossing 1 LS $115,000.00 $115,000.00 11 -17 Rip Rap 68 CY $150.00 $10,200.00 II -18 Curb Inlet Type P -2 1 EA $2,600.00 $2,600.00 II -19 Curb Inlet Type J -2 5 EA $3,800.00 $19,000.00 I1 -20 Junction Box Type P 1 EA $1,850.00 $1,850.00 II -21 Junction Box Type J 1 EA $2,750.00 $2,750.00 11 -22 24" Mittered End Section 2 EA $900.00 $1,800.00 II -23 54" End Wall 1 EA $5,400.00 $5,400.00 II -24 60" End Wall 1 EA ,500.00 $394031.75 „ „ EXHIBIT C PAGE 1 NOV 2000 Pg. f� fill /� Item IDescription I Quantity I Unit I Unit Price I Total Price IV -1 Maintenance of traffic 1 LS $5,000.00 $5,000.00 III. Traffic Control Devices Subtotal $5,000.00 III -1 OM -Red Type 1 4 EA $110.00 $440.00 III -2 ISign Single Post 6 EA $210.00 $1,260.00 111 -3 6" Traffic Stripe Skip 6' -10' (Yellow) 780 LF $1.00 $780.00 111-4 6" Traffic Stripe Skip 10' -30' (Yellow) 1,970 LF $0.90 $1,773.00 III -5 6" Traffic Stripe Solid (Yellow) 1,970 LF $0.80 $1,576.00 III -6 6" Traffic Stripe Double (Yellow) 614 LF $1.60 $982.40 111 -7 18" Traffic Stripe Solid (Yellow) 200 LF $2.95 $590.00 III -8 6" Traffic Stripe Solid (White) 192 LF $0.75 $144.00 III -9 12" Traffic Stripe Solid (White) 95 LF $2.20 $209.00 III -10 24" Traffic Stripe Solid (White) 24 LF $5.45 $130.80 III -11 Directional Arrows 11 EA $89.50 $984.50 I11-12 Bi- Directional Arrows 3 EA $179.00 $537.00 Subtotal $9,406.70 IV. Maintenance of Traffic IV -1 Maintenance of traffic 1 LS $5,000.00 $5,000.00 Subtotal $5,000.00 V. Landscape V -1 Sodding 1,636 SY $2.25 $3,681.00 V -2 Seeding & Mulching 3,107 SY $0.36 $1,118.52 Subtotal $4,799.52 A. Right of Way VI -1 Right of Way Takings 1 LS $0.00 $0.00 Subtotal $0.00 VII. Lighting VII -1 Street Lighting 1 LS $40,000.00 $40,000.00 Subtotal $40,000.00 AG ITEM No. NOV 14 2000 EXHIBIT "C" PAGE 2 1 Pg. Item Description Quantity Unit Unit Price Total Price VIII. Design & Const. Management VIII -1 IPS&E 1 LS $35,000.00 $35,000.00 VIII -2 Permitting 1 LS $10,000.00 $10,000.00 VIII -3 Contract Administration 1 LS $2,500.00 $2,500.00 VIII -4 lConstruction Staking 1 LS $10,000.00 $10,000.00 VIII -5 Construction Obs. /Accept. 1 LS $7,500.00 $7,500.00 VIII -6 Permit Fees 1 LS $7,000.00 $7,000.00 VIII -7 Street Lighting Design 1 LS $800.00 $800.00 Subtotal $72,800.00 Total $602,157.97 20% Contingencies $120,431.59 Grand Tntai $722,589.56 Christopher an Florida Registration No. 38649 Date: Z�r /o p AGENDA ITEM No. l (, NOV 14 2000 P9• I q07 (7 EXHIBIT "C" PAGE 3 ■� | ■a 1.m �K � q � n AGENDA REM / No. � \ . NOV 142 0 0) ? ■ �01i @ a �- , � w _ f � 0 k � 5lLo O 1 wo � $ R � % 2 m q / m @ 6 & k -Ij ■@ _._ \ X § k / ( \k ) §�� /2 § d�� | � � m, A o� ry r / EXHIBIT "D- m� | gll��, �if�| �■ �' |� |�I � � � • � ! �Ut ! , . | �r:4 | Fit ii 7y 411!111, j | r p! �� ! Jig �� 0 fm U CA m rn - _ g -02 \ _ - \q > AJ m ! /2 �/ a� I /f » j ,e C : / c R / ■� | ■a 1.m �K � q � n AGENDA REM / No. � \ . NOV 142 0 0) ? ■ �01i @ a �- , � w _ f � 0 k � 5lLo O 1 wo � $ R � % 2 m q / m @ 6 & k -Ij ■@ _._ \ X § k / ( \k ) §�� /2 § d�� | � � m, A o� ry r / EXHIBIT "D- m� | gll��, �if�| �■ �' |� |�I � � � • � ! �Ut ! , . | �r:4 | Fit ii 7y 411!111, j | r p! �� ! Jig �� EXHIBIT "E ", Page I of 2 DEVELOPER'S ROAD IMPACT FEE CREDIT LEDGER IMPORTANT: This Road Impact Fee Credit Ledger is intended to document the balance of Road Impact Fee Credits applying ONLY to the following property: See attached legal description, describing the parent tract BEGINNING BALANCE ............. Actual certified costs less $486,000.00, but not to exceed $236,589.56, available upon completion of the construction of the Roadway and receipt, by the County, of the certified actual construction costs, certified by a professional engineer, registered in the State of Florida, as being true and correct DATE PERMITNO. ROAD IMPACT FEE COUNTY OFFICIAL DEVELOPER IMPACT CREDIT REPRESENTATIVE FEES DUE BALANCE (SIGNATURE) (SIGNATURE) S $ $ $ $ S S S S S $ S $ $ $ S $ $ $ S AGENDA No. -- L�.►'17 EM NOV 14 20M Pg . &/7 A ftNDA ITI=M No. NOV 14 2000 1 pg. � �� GArwi.1� Iii ...:.. Pte ..2- All of Creekside Commerce Park West - Unit One, less and except Tracts 4 and 5, according to the plat recorded in Plat Book 29, Pages 57 and 58, Public Records of Colder County, Florida. and A tract or parcel of land lying In the Northeast quarter of Section 27, Township 48 South, Range 25 East, Collier County, Florida also being a portion of Tracts 1, 3 and GC1 as shown on the Plat of Pelican Marsh Golf Course, Phase Three as recorded in Plat Book 25 Pages 14 -16 and all of Tract F1 of Creekside Commerce Park West -Unit One, Plat Book 29 at pages 57 and 58 both of the Public Records of Collier County, Florida which tract or parcel Is described as follows: Begin at the northeasterly corner of Creekside Commerce Park West -Unit One as recorded In Plat Book 29 at pages 57 and 58 said point lying on the Southerly right -of -way line of Immokalee Road (County Road 846) from said Point of Beginning run S.89'48'16 "E. along the sold Southerly right -of -way line of Immokalee Road for 216.09 feet; thence run N.05'34'16 "W. along the sold Southerly right-of- way line of -Imniokolee Road for 10.05 feet; thence run 5.89'48'16 "E. along the said Southerly right -of -way line of Immokolee Road for 486.20 feel to Its intersection with the Westerly right -of -way line of Goodlette -Frank Road ( County Road 851); thence run S.05'33'55 "E. along the sold Westerly right -of -way line of Goodlette -Frank Road for 1619.43 feel to the Northeasterly corner of Pelican Marsh Golf Course, Phase Three; thence continue 5.05'33'55 "E. along the said Westerly right-of -way line of Goodlette Road for 147.15 feet; thence run S.89'20'45' W. for 51.20 feet; thence run N.23'56'01 "W. for 13.07 feet to a point of curvature; thence Northwesterly along the arc of a curve to the right of radius 80.00 feet (delta 22'00'01 ") (chord 30.53 feet) (chord bearing N.12'56'04 "W.) for 30.72 feet to a point of tangency, thence run N.05'01'01 "W. for 31.56 feet; thence run N.36'19'27 "W. for 32.02 feet; thence run N.56'04'43 "W. for 35.11 feet; thence run N.80'39'23 "W, for 32.53 feet; thence run N. 88'39'20" W. for 97.78 feet; thence run N.86'04'48 "W. for 45.79 feet; thence run N.89'49'56 "W. for 132.77 feet; thence run N.69'40'18 "W. for 49.44 feet; thence run S.87 °2106 "W. for a distance of 132.37 feet; thence run S.84'45'32 "W. for 23.43 feet; thence run S.74'56'42 "W. for 61.32 feet to the southeast corner of said Tract Fl of sold Creekside Commerce Park West -Unit One; thence continue 5.74'56'42 "W. along the southerly line of sold Tract Ft for 60.00 feet; thence run along the southerly line of said Tract Ft the following twenty -three (23) courses: 1) S.79'49'51 "W. for 45.93 feet to a point of curvature; 2) Northwesterly along the arc of a curve to the right of radius 66.00 feet (delta39'30'17 ") (chord 44.61 feet) (chord bearing N.80'25'01 "W.) for 45.51 feet to a point of reverse curvature; 3) Northwesterly along the arc of a curve to the left of radius 150.00 feet (delta 20'12'56 ") (chord 52.65 feet) (chord bearing N.70'46'21 "W.) for 52.92 feet to a point of tongency, 4) N.80'52'50'W. for 36.59 feet to a point of curvature; 5) Southwesterly along the arc of a curve to the left of radius 80.00 feet (delta 33'04'22 ") (chord 45.54 feel) (chord bearing S.82'35'04 "W.) for 46.18 feet to a point of reverse curvature; 6) along the arc of a curve to the right of radius 60.00 feet (delta 36'26'24 ") (chord 37.52 feet) (chord bearing S.84'16'06 "W.) for 38.16 feet to a point of reverse curvature; 7) Northwesterly along the arc of a curve to the left of radius 305.00 feet (delta 12'55'59 ") (chord 68.70 feet) (chord bearing N.83'58'44 "W.) for 68.85 feet to a point of tangency, 8) S.89'33'17 "W. for 18.36 feet; 9) 5.89'39'11 "W. for 71.63 feet; 10) N.89'35'03 "W. for 36.03 feet; 11) S.86'06'33 "W. for 42.94 feet; 12) S.83'44'08 "W, for 26.23 feet; 13 S.51'01'05 "W. for 27.49 feet; 14) S.33'25'42 "W, for 19.95 feet; 15 5.15'39'57 "W. for 20.54 feet; 16) S.10'54'31 "W. for 34.64 feet; 17 S.89'20'06 "W. for 101.06 feet; 18) N.10'45'58 "E. for 101.42 feet; 19 N.89'20'45 "E. for 65.45 feet; 20) N.00'39'15 "W. for 100.64 feet; 21 S.89'20'45 "W. for 503.78 feet; 22) N.00'39'15 "W. for 27.71 feet; 23) N.72'59'03 "W. for 127.88 feet to the Southwest corner of sold Tract Fl; thence run N.02'19'57 "W. along the Westerly line of said Tract F1 for 456.28 feet to the Northwesterly corner of sold Tract F1; thence run S.89'49'08 "E. along the Northerly fine of said Tract Ft for 1215.21 feet to the Northeasterly corner of sold Tract 171; thence run N.05'34'16 "W. along the Easterly line of sold Creekside Commerce Park West Unit -One for 522.91 feet; thence run S.84'25'44 ", along the sold Easterly line of said Creekside Commerce Park West Unit -One for 20.00 feet; thence run N.05'34'16 "W. along the sold Easterly line of said Creekside Commerce Pork West Unit -One for 490.29 feet to the Point of Beginning. Containing 42.13 acres more or less. EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS AUTHORIZE THE EXTENSION OF THE CONTRACT FOR MANAGEMENT SERVICES FOR THE PELICAN BAY SERVICES DIVISION OBJECTIVE: To maintain current management services for citizens of Pelican Bay until a new contract is established. CONSIDERATION: 1. On August 1, 2000, Agenda Item 8B1, the Board of County Commissioners approved a recommendation to solicit proposals for contract management services for the Pelican Bay Services Division and to extend the current Contract for sixty (60) days, through November 30, 2000. 2. Request for Proposal #00 -3158 for Pelican Bay Management Advisory Services was advertised beginning on September 28, 2000 and proposals were received on October 20, 2000. 3. The Pelican Bay Advisory Committee met on November 1, 2000, and the Committee deferred making a recommendation on the award of the Pelican Bay Management Advisory Services until the December 6, 2000 meeting so that they would know the outcome of the vote on the Ordinance with regard to Pelican Bay becoming a . dependent District. 4. Due to the deferral of a recommendation by the Pelican Bay Advisory Committee, the contract for management services will not begin until on or about February 1, 2001. If the contract is not awarded to the current management company, a transition period could be required. 5. Staff recommends approval of a month to month extension of the current contract with Severn Trent Environmental Services, Inc., as required, to complete the contract and transition contract management, if necessary. It is requested that the Board authorize the Purchasing Department to grant each month's extension as warranted. FISCAL IMPACT: The fiscal impact would be an additional $4,000 per month if two management companies were working to transition the contract. Funds are available in Pelican Bay Water Management Administration, Pelican Bay Right-of-Way Beautification Administration and Pelican Bay Street Lighting Administration. GROWTH MANAGEMENT IMPACT: There is no growth management /~ impact. �.........,�_ Nov 14 2000 I Page 2 Executive Summary RECOMMENDATION: That the Board of County Commissioners approve the extension of the Severn Trent Environmental Services, Inc. contract on a month to month basis, and authorize the Purchasing Department to grant each month's extension as warranted. 1 SUBMITTED BY: Lyn . Wood, Purchasing Agent REVEIWED BY: 4'r7'mn`anE. Feder, Transportation Administrator REVIEWED BY Steve Carnell, Iurchasing/GS irector Date: % /—,Y _OT) Date: I t- F-6n Date: 1(--,y CD u EXECUTIVE SUMMARY REQUEST BOARD DIRECTION TO PROCEED WITH THE BEAUTIFICATION OF LIVINGSTON ROAD FROM RADIO ROAD TO THE LEE COUNTY LINE. OBJECTIVE: To seek Board direction for staff to proceed with the solicitation of proposals for a Landscape Design Consultant (the "Consultant ") for the Livingston Road corridor beautification. CONSIDERATIONS: Livingston Road is being constructed in phases and will soon be available for traffic (Attachment No. 1). The Streetscape Master Plan adopted by the Board several years ago identifies Livingston Road as one of the major arterial roadways eligible for beautification for its entire length. The Board transportation workshops in the Spring of 2000 defined and identified several tiers of beautification improvements along with recommended funding mechanisms. The major tiers are: Gateways (seven locations); Regional Improvements (six north - south, seven east - west); Local Improvements (other qualifying roadways). Livingston Road is mentioned in two of the foregoing categories: Gateways (north end); Major Arterials (remainder of roadway corridor). The funding mechanisms recommended during the workshops and initially implemented during the FY 2000 -2001 Budget Cycle are: • Gateways funded from Fund 313, Gas Tax • Major Roadway Improvements funded from existing countywide MSTDs (presently consolidated into Fund 111) • Local Roadway Improvements funded via localized MSTBUs. Attachment No. 2 is a copy of the Streetscape Master Plan Project Funding approach as presented by staff and endorsed by the Board at the workshops. Staff is requesting Board consideration of and direction for implementation of the following issues: 1, Designation of the Livingston Road Corridor from Radio Road to the Lee County Line as a Major Arterial Roadway qualifying for beautification funding from the Countywide Road Improvement Fund (Fund 111). This designation is consistent with the outline presented and adopted in the Collier County Streetscape Master Plan (adopted on May 27, 1997 [Ordinance 97 -25]; original presentation by Naplescape 90s on December 16, 1996 [Agenda Item 8B1]). 2. Authorization of the use of Fund 111 (MSTD General Fund) for the procurement of a professional Landscape Design Consultant for a concept plan consistent with the guidelines in the Collier County Streetscape Master Plan (Attachment No. 3). 3. Authorization of the development of an expanded landscaping initiative consistent with the Collier County Streetscape Master Plan with any extraordinary costs to be funded via the formation of an MSTBU. AGENDA ITEM No. I(�`f NOV 14 2000 1....-- �....... Pg Executive Summary Request Board Direction For The Beautification Of Livingston Road Page 2 of 3 The goal of this effort is to optimize the aesthetic value while minimizing the long -term maintenance costs. The formation of an MSTBU will afford an allocation of funding for improvements over and above the base level described in the Master Plan in the most equitable manner. The Master Plan provides the following "typical" roadway costs by Character Zone (Urban/Residential, Residential, etc.): Urban/Residential Capital cost/mile $200,000 Maintenance cost/mile $ 50,000 Residential Capital cost/mile $150,000 Maintenance cost/mile $ 40,000 "Gateways" Capital cost/mile Maintenance cost/mile * Not specifically addressed in the Master Plan; however, staff recommends an allowance of about $250,000 per mile for capital and about $50,000 per mile for maintenance. These figures are consistent with the general scope and bases of the other Character Zones. The segment of Livingston Road from Golden Gate Parkway to Pine Ridge Road (Phase 11 of the Livingston Road corridor Project) is the subject of an existing coalition of development interests and property owners (the Livingston Road Beautification Association, Inc., hereafter referred to as the "Association "). Staff has been in contact with the Association and its landscape design consultant, at their request, to answer questions about County requirements and to provide (at standard cost) any plans or other documentation desired by the Association or its consultant. Staff is requesting direction to develop a design concept for the entire the corridor using the Mater Plan as a general guideline. Upon completion of the corridor- specific design concept, staff will return to the Board for its endorsement of the concept and request approval to produce construction documents. Upon completion oil' the construction documents, a more refined cost estimate will be provided along with a staff recommendation to the Board for funding. -�; FISCAL IMPACT: Staff has discussed the foregoing concept plan with several local Landscape Architectural firms and has received at least one written proposal. Based on this research, staff estimates the initial corridor- specific concept design will cost about $60,000. Depending upon the degree of community interest in subsidizing the project, available grants, determination of final estimate of probable cost and timing issues, staff will make funding recommendations and requests at a future date. Funds for the design concept are required as a Budget Amendment to transfer from Fund 111, MSTU General, Reserves, to this new project. GROWTH MANAGEMENT IMPACT: The beautification improvements to the Livingston Road corridor are consistent with established Board policy and with the Collier County Streetscape Master Plan. AG ID No. — NOV 14 2000 P9 — 24-4-- Executive Summary Request Board Direction For The Beautification Of Livingston Road Page 3 of 3 RECOMMENDATION: That the Board direct staff to: 1. Designate the Livingston Road Corridor from Radio Road to the Lee County Line as a Major Arterial Roadway qualifying for beautification funding from the Countywide Road Improvement Fund (Fund 111). 2. Authorize of the use of Fund 111 (MSTD General Fund) for the procurement of a professional Landscape Design Consultant for a corridor- specific concept plan consistent with the guidelines in the Collier County Streetscape Master Plan. 3. Authorize of the development of an expanded landscaping initiative consistent with the Collier County Streetscape Master Plan with any extraordinary costs to be funded via the formation of an MSTBU. , 4. Authorize the necessary Budget Ameiidment and any other required document�n consistent w*11th�Board' nt ent and direction. fr. SUBMITTED BY: '� / %�_ DATE: Edward J. Kin , P1✓, Fran portation Operations Director REVIEWED BY DATE:—//// /a on Planning Director APPROVED BY: DATE: 14ortUn E. Feder, AICP, Transportation Administrator Attachments: No. 1 — Livingston Road Corridor Segment Map No. 2 — Streetscape Master Plan Funding Approach No. 3 — Excerpt from Collier County Streetscape Master Plan AG �D ITEM No. NOV 14 2000 Pg. W R 25 E 1. V GO PHASE V PHASE IV PHASE al V) a PHASE II PHASE I QTY OF NAPLES N Ln I-- oil NO R26E LEE COUNTY LIM COUNTY N LIVINGSTON ROAD PROJECTS F- SCALE MARCO ISLP +0 0 1 2 3 4 S 41. PREPARED Br TRANSPORTATION OPERA - ccuwiwTY 6i%C10p1 AND ElIN10MiE71TK VISION SDU KL* COLLIER COUNTY PUBIC MAIB,S DEPARTMENT DATE: 10110 E,Lr• UNEOSfO/�11Q1DM0 A EIT "{�. R 25 E G� lrAut up s �1 GOAD w R 27 E T '7 E 1-4 co cn m U O w S U N N N sop~71ON SHOWN ON T is DOM" a 74VSD fs ISM AMULABLE KNDI U3= AT THIS TI ML M ER SHMAD K CAMMS y MY �G W) <T r 1 AGENDA TEAR � o. F N I �o mnv 14 ?inn R26E LEE COUNTY LIM COUNTY N LIVINGSTON ROAD PROJECTS F- SCALE MARCO ISLP +0 0 1 2 3 4 S 41. PREPARED Br TRANSPORTATION OPERA - ccuwiwTY 6i%C10p1 AND ElIN10MiE71TK VISION SDU KL* COLLIER COUNTY PUBIC MAIB,S DEPARTMENT DATE: 10110 E,Lr• UNEOSfO/�11Q1DM0 A EIT "{�. R 25 E G� lrAut up s �1 GOAD w R 27 E T '7 E 1-4 co cn m U O w S U N N N r r r r r ■ r ■ n s i e COLLIER 1. 4.4 f COLLIER COUNTY STREETS&CAPE NEIWORK PLAN -U14 y�Z010 LEGEND ROADS TO BE STREETSCAPED 'GATEWAY' Intersections BASE MAP LEGEND Existing Collectors & Arterials Proposed Collectors & Arterials ............... by Year 2010 1 -75 /PINE RIDGE -- 1 -75 /GOLDEN GATE PKWY GATEWAY R 1 -75 /CR 951 GATEWAY F MARCO ISLAND EAST TRAIL GATEWAY NORTH \ O w V 3° WS SCALE IN MILES 0 1 2 3 5 GULF OF MEOCO JUNE 1993 %+ -Scc: Collier County MPO - to be update Al"MENT N0. PAGE __ _Z___ OF 2 1 -5 J i J I J i 1 i Streetscape Master Plan Project Funding Approach • County Wide Improvements - Identify Transportation Network Gateway Intersections and consider funding, in priority funding order, from Constitutional Gas Tax Fund (313) • Recrional Improvements - Identify Transportation Network Major Arterial Roadways and consider funding from existing road MSTDs — Grants and Private Contributions have been identified as potential funding sources. The viability of these sources needs to be evaluated. Staff recommends obtaining agreements for private sources prior to project commencement. Staff recommends seeking grant funding and offsetting other revenue sources only upon receipt of grant. • Maintenance of Transport, Lion Network Landscaped Medians to r provided from road MSTDs • Local Improvements - Collector /Arterials and construction and maint Service T -ixing Benefi- EWE w 'fy Local sider funding via local Municipal MSTBUs Nov 14 2000 COLLIER NORTH TRAIL LIVINGSTON1 RD GATEWAY GATEWAY , o LEE COUNTY COLLIER COUNTY • •• I- 75 /IMMOKALEE RD GATEWAY u • e MMOKAIEE RU � W C': C 1: 2 jYf • �ND�IHI! 1 -75 /PINE RIDGE F`` y GATEWAY Z 1` 1 -75 /GOLDEN GATE PKWY GATEWAY 1.75 I -75 /CR 951 GATEWAY Activity Center Zone MARCO ISLAND Urban /Residential Zone 2 - g -� EAST TRAIL 0 Residential Zone �• GATEWAY ,. Agricultural Zone rf l-r• Utility Zone 180122i1 Conservation Zone OGateway Zone AGENDA j b(7 M ^ _ No. � Nov 14 2000 pg. 7 ' %C fs-,o.51 Cha�a.te�Zor,es ATTACHMENT N0. 13 PAGE 0 F �_ TYR <z LA U) ZH 1 2 S ul :z Ld kiTACHMENT NO. PAGE4� ' 7 OF AQ 3 pz F- A ITEM No. GEN U NOV 14 2000 Pg. 2 Z N Q �n N i Ii No. NOV 14 2000 ft ,G n ?w vz w � :f s �I r I S I .Z O z Oo ATTACHMENT N0. PAGE -> OF < 'U< 03p- ~� .M .O. N c NL C �-1 S ty C i Ny 11 .0. z u I n Kam Livingston Road will be a new road traversing through urban residential and residential zones. This is an opportunity to develop a continuous landscape design solution throughout the length of the roadway. The design should be residential in character with street tree plantings and curvilinear drifts of shrubs and groundcover. The design style should incorporate the following design elements: Plant a dominant species of street tree along the roadway to establish continuity. ` Understory plantings of shrubs shall be informal curvilinear patterns to screen views into residential lots and to provide interest. a/ At intersections, provide color and accent plantings that complement the surrounding landscape. Encourage new landscape onto side streets to provide additional continuity. ATTACHMENT NO. PAGE -- OF AGENDA M No. NOV 14 2000 Pg. to /n EXECUTIVE SUMMARY REQUEST FOR SPEED LIMIT REDUCTION FROM 30 MILES PER HOUR (30 MPH) 1'0 TWENTY -FIVE MILES PER HOUR (25 MPH) ON 10T" AVENUE SW FROM 1,090 FEET WEST OF NAPA BOULEVARD TO LOGAN BOULEVARD. OBJECTIVE: To gain Board approval of a Resolution for speed limit reduction on 10TH Avenue SW from 1,090 feet West of Napa Boulevard to Logan Boulevard. CONSIDERATIONS: In response to concerns expressed by the neighborhood regarding traffic safety issues, Transportation Staff instituted a neighborhood traffic calming project on 10`h Avenue SW from Napa Boulevard to Logan Boulevard (Attachment 1). Transportation Staff has determined that a lower speed limit of 25 MPH is more in keeping with the national standard of a neighborhood environment and the roadway design speed created by the installation of traffic calming devices. Resolution 96 -340 (Attachment #2), adopted on August 6, 1996, provides for a reduction of speed limits based on Staff's recommendation, a citizens' petition, Board approval, and subject to availability of adequate monetary and personnel resources. As the neighborhood has already submitted a petition for the Neighborhood Traffic Management Program (NTMP), Staff recommends waiving the petition requirement under Resolution 96 -340. ,FISCAL IMPACT: The estimated cost of installing the necessary speed limit signs is 5200.00. Funds ire available in Road and Bridge Fund (101). GROWTH MANAGEMENT IMPACT: There will be no growth management impact as a result of this Speed limit reduction. RECOMMENDATION: That the Board adopts the attached Resolution (Attachment 3) reducing the speed limit on 10`h Avenue SW as described, and authorizes staff to erect the appropriate traffic control signs. DATE: !.0 3 SUBMITTED BY: / %: .W % _�= — �6 Gerald Moms r ct Manager, NTMP REVIEWED BY: r Y DATE /Ir 5 /Dale A. J3athon // raff Oper ' ns Manager REVIEWED BY: �' " ,S < L X DATE• ✓'l APPROVED BY: J. E. Attachments: #1 Area Map #2 Resolution 96 -340 #3 Resolution Operations Director , AICP, Transportation Administrator DATE: AC7L & � ITEM No. - NOV 14 2000 Pg. t 01 V.- ii n� ..v. CIHVA�lnoe - — — -- — - -- _ -- — GE OF co I I i LL V) W U CL co Li Z 13 I i � r III W -H eya YlS W li Q O! W I � Q c w W Z LLJ W CD Z n _ umi,� n V) re I m 65 i ��otla I 4 '19- 1�7�AYNN nuw Yls o a r- - -- it a iEl I " A�bITEM x No. x ax i NOV 14 2000 n i M p• �dNb.7 p9 a in Co I 3nvt Nouo�s �" 8 z d _ F R —MOLUTION NO. 96- 340 R LIJTICH TO AUTHOR= RIMUC1CNS OF Si D LWM TO TWIN" FIVE Wom PER HOUR 1125 iMPHI CM C�'.Ca1AT PLATT® WCAL RmElS'm U=JM;CN 2CACWAYS rAX7 AM rAM COICAWM TC ?1i>ltL:c U= w Hot CCLLm C.: my, SL"LTC To MAMA ?CRY FW- 9t50U15 TZL WHEREAS, S ----Jcn S .S, Ficrida Sw=ufas, anc Cruler c :unri crCInzrc3 No. S, 5 aut:=zm the scare cf CcunrJ c --mmis:;crers to alter or establish s;.eec limit: cn rcam under- its jurisdicwcn; and WHSEAS, many .cot subdivislon rowwsys faa.uncer the Jurisdiction of the Ecard'of C^,unty C: mmisslcners; and WHEREAS, In =--arCanc3 with Secticn 316, Fonda Statutes, and Collier Ccunrj CrClnarc3 No. S1 5, many IC I platrt rmicentlal subdlvlslon roadways are cznstrumac with lane widths In ant!cipatien of accommodating only low traffic volumes traveling at ;ow speeds, and WHEREAS, the Board of County Commissioners has set precedents by e mblishing a 25 MPH speed limit on many of the platted local residential subClvisicn roadways within Collier County; and WHE3`.AS, public notlflcztlon has been advertised two 123 weeks prior to the Collier Counrl Board cf Counrl COmmissicnery pubiic meetings held to consider the proposed s;,ee : limit reductions to 25 MPH; and WHEREAS, Insper-tons promulgated by requests of citizens to lower the speed limits within residential areas have recanCy confirmed that many of the roadways within older subclvisicns In the Counrl have been con=C:ed below the cirrent Counrl subdivision standards and which roads are utilized ccnc;irrantly by vehic!es, pedeVaians, and cic;ist:, and whic i roads have been constructed for only low-volume, low -speed travel; THEREFORE, BE iT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, that I Speed limits cn rczcs may be iowered, when determined by the Ccunty,s Transportation Department to be warranted, to 25 MPH on the platted and accepted 10 =1 subdivlsl0n roadways, implementation of those speed zones by the Transportation Department shall be subject In each instance to having received a citizens petition meeting County requirements and Roar 0000; - -i 24 No. �j Hv�rypq � . NOV i 4 2000 ATTACHMENT O, U6 — 6 15 PAGE OF requesting same, In accordance with engineering studies, gaining Board of County Commissioner approval, and subject to availability of adequate monetary and personnel resources. 2 The effective date of each speed limit reduction by road segment shall not Ire until 2) Board of county Commission approval; and b) Posting of appropriate speed limit s)gnage; and C Written notlflc:;tion of ex.4 suen speed limit reduction has be,---.n Ceftered to the Czlller Counrl s ,eriffs Cf?ro. _. The Ccurrls Transportation Cepa=nent will review eacn respective residential rcodway upon receiving a M.-ens, petition for suc:i ac*Jon from the resiCents requesting that the respeZve spend limit be Icwered. aft. the completion of traffic enginesrfng studies as tt}en required by Korlda . .motes armor Collier County Ordinar:c2, t"e C:.iller County Trans, ortatic-1 Cepartment will make its recomme icaUcn and the Board of Counri Commission will take action to deny the request, cr to approve the request and authcrize the Transportation Wartment to commence lowering the respective speed limits, subject to prcvlding writ: -on notlflmticn of ezm such reduction to the Cooler County S-sleriff s office. a. AuthoriZat!on is hereby given to the Crony's Tramportaticn Department to ere--: appropriate speed limit signs in a=rcznca with eZO. respective speed limit reduction =used pun writ to this Resolution, and In accordance with Section 316, f orlda Swtutes, and with Collier County ordinance No. s7- 25, as then amended. S. Notwlthsmnding any other provision herein, speed limits shall remain at thin/ miles per hour I:.O MPH) on Icczl subdivision road,.vays with areas cf Collier Count] now or hereafter platted as 'The Widen Gate ELates, and also on all roadways then platted or then accepted as 'local county roadways' provided such roads are neither within a subdivision nor are then subject to the establishment of different steed limits In accordance with applik"bie Florida Sratutes and/or with County ordinance No. 91-25, as then amended. 6. The Cler''c to the Board shall provide a true copy of this resolution to the x Collier County Sheriffs Office. NoAG NDA ITEM Nov 14 2000 Knnr 25 l j 0 ja iriiS REMWTICN ADOPTED THIS GL,� DAY OF YICTICNd, SECOND AND MAJORITY VOTE- As s E: i DWIGHT E. BRCCX, C 4IC BOARD OF �" 3. LINTY C1 C3UI ER CC4JNTY, FiC C. HCRRMI� � :' :� 'vest_ ,�.�,,,.�•,. -t7cv6d =m fcrr• sd :.:cmm C. Ps}aa. ' A -.== CIDmry ."=rrci G cf.!r,/4b (:irjize per Baud Direc:jon Banx 000 ?6 AGENDA ITEM W. 1 l0 NOV 14 2000 Pg. 13 C � RESOLUTION NO. 2000 - A RESOLUTION AUTHORIZING SPEED LIMIT REDUCTION ATTACHMENT NO. FROM THIRTY MILES PER HOUR (30 MPH) TO 'TWENTY -FIVI? PAGE It OF MILES PER HOUR (25 MPH) ON 10... AVENUE SW 1,090 FEET WEST OF NAPA BOULEVARD TO LOGAN BOULEVARD, A TOTAL DISTANCE OF APPROXIMATELY ONE MILE. WHEREAS, Chapter 316, Florida Statutes, permits the Board of County Commissioners (BCC) to alter established speed limits on roads under its jurisdiction; and WHEREAS, 10 "' Avenue SW falls under the jurisdiction of the BCC; and WHEREAS, in accordance with Chapter 316, Florida St:uutcs, the BCC may alter such existing speed limits as may he appropriate upon the basis of an engineering and traffic investigation; and WHEREAS, the results of such engineering and traffic investigation determine that the reduced speed limit is reasonable and safer under the conditions found to exist and it conforms to criteria promulgated by the County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA THAT: SECTION 1: The BCC does hereby establish a Twenty -five mile per hour (25 MPH) speed limit on 10111 Avenue SW from 1,090 feet West of Napa Boulevard to Logan Boulevard, a total distance of approximately, one mile, and does hereby direct the Transportation Operations Department to erect appropriate speed limit signs giving notice thereof. SECTION 2: A copy of this Resolution shall be forwarded to the Collier County Sheriff's Office for proper enforcement of the established speed limit for 10 °i Avenue SW within the designated segment. SECTION 3: The effective date of the speed limit reduction shall be after written notification to the Sheriff's Office and upon posting of appropriate signage. This Resolution adopted after motion, second, and majority vote favoring same, (his day of 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: BY: JAMES D. CARTER, PhD., Chairman Approved as to form and legal sufficiency: o' d, Heidi F. Ashton Assistant Collier County Attorney AGENDA ITEM No. j g if- NOV 14 2000 !W111 EXECUTIVE SUMMARY APPROVE A DEVELOPER CONTRIBUTION AGREEMENT AND ACCEPT A SPECIAL WARRANTY DEED AND TEMPORARY DRIVEWAY RESTORATION EASEMENT FROM THE HALSTATT PARTNERSHIP. OBJECTIVE: To obtain Board approval for a Developer Contribution Agreement between Collier County and the Halstatt Partnership ( "Developer "), for the contribution of land for right -of -way necessitated by the development of Livingston Road in exchange for road impact fee credits, and accept a Special Warranty Deed and Temporary Driveway Restoration Easement from the Developer. CONSIDERATION: In accordance with the stipulations contained in Collier County Ordinance No. 98 -94, which provided for the repeal of Ordinance No. 97 -45, as amended, the former Grey Oaks PUD, the Developer was required to dedicate a portion of land to the County for the construction of Livingston Road, north of Golden Gate Parkway. Ordinance No. 92 -22, as amended, Section 3.06 provides for the establishment of a "development contribution credit" against road impact fees imposed under Section 2.01, in return for certain donations of required lands. Under the provisions of the above - referenced Ordinance, when the Transportation Administrator approves the dedication of said land as being necessary for the construction of Collier County "transportation network" improvements, the Administrator may ask the Board of County Commissioners to approve a Developer Contribution Agreement which will establish a credit against impact fees otherwise payable for the development of the parent parcel from which the dedication came. Collier County is desirous of making improvements to Livingston Road, between Golden Gate Parkway and Pine Ridge Road (Project #60071). The improvements are to include the provision of a 15' Right -of -Way area necessitated by the widening of Livingston Road on a portion of land owned by the Developer (hereinafter referred to as the "Contribution "). The Developer shall deed the land contribution to Collier County upon execution of the Developer Contribution Agreement by the Chairman of the Board of County Commissioners. County Road Impact Fee Ordinance No. 92 -22, as amended, requires the value of the Contribution be based upon an appraisal of market value of the Contribution. The Developer has caused the market value of the Contribution to be appraised. Both parties acknowledge and accept that the value of the Contribution is Fifteen Thousand and One Hundred ($15,100) Dollars, as derived from an analysis of comparable sales of similar properties, between unrelated parties in a bargaining transaction. AGENnA M No. G-n NOV 14 2000 Pg. __.�__` 3 FISCAL IMPACT: The Developer Contribution Agreement shall establish a Road Impact Fee Credit in the amount of $15,100 in Road Impact Fee District Two. Fund: #333 Cost Center: #163650 (Road Impact Fee District Two) This Impact Fee Credit is not anticipated to adversely affect the cash flow or liquidity of the funds in the Road Impact Fee District. GROWTH MANAGEMENT IMPACT: Execution of the Developer Contribution Agreement, thereby granting the impact fee credit will provide for the construction of necessary infrastructure consistent with the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the attached Developer Contribution Agreement, outlining the exchange of impact fee credit for the Contribution; and 2. Authorize the Chairman to execute the Developer Contribution Agreement, on behalf of the Board of County Commissioners; and 3. Accept the Special Warranty Deed and Temporary Driveway Restoration Easement (copies are attached for reference); and 4. Authorize Staff to record all pertinent documentation in the Public Records of Collier County, Florida. PREPARED BY: DATE: J. Keith Gomez, Real Property5pecialist II, ' Real Property Management Department REVIEWED BY: DATE: ) "` F� Mitch Riley, P.E., Interim Di r, Engine ring and Construction Management Department APPROVED BY: DATE: No an Feder, AICP, Administrator, Transportation Division AG V ITEM No. NOV 14 2000 pg.3 DEVELOPER CONTRIBUTION AGREEMENT THIS AGREEMENT is made and entered into this day of , 2000, by and between THE HALSTATT PARTNERSHIP, a Florida general partnership (hereinafter referred to as "Developer "), whose mailing address is 2600 Golden Gate Parkway, Suite 200, Naples, Florida 34105, and COLLIER COUNTY, FLORIDA, a political subdivision of the state of Florida (hereinafter referred to as "County"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112. RECITALS WHEREAS, the construction of Livingston Road between Golden Gate Parkway and Pine Ridge Road, Project #60071, requires an additional 15' of road right -of -way, which is located within the Grey Oaks PUD; and WHEREAS, the Developer is the record title holder of the parent tract, a portion of the Northeast quadrant of the Grey Oaks PUD less the commercial lands, which is encumbered by a Florida Power & Light Easement as recorded in O.R. Book 640, Page 232 of the Public Records of Collier County, Florida and is located in Sections 24 and 25 of Township 49S, Range 25E, Collier County, Florida, (hereinafter referred to as the "Property"); and WHEREAS, in accordance with the stipulations contained in Collier County Ordinance No. 98 -94, which provided for the repeal of Ordinance No. 97 -45, as amended, the former Grey Oaks PUD, the Developer was required to dedicate a portion of the above - referenced Property to the County for the construction of Livingston Road, north of Golden Gate Parkway (hereinafter referred to as the "Contribution "), which Contribution is more particularly described and shown in the attached EXHIBIT "A "; and WHEREAS, the above - referenced stipulations provided that the Developer may receive Road Impact Fee Credits in exchange for the Developer's Contribution in an amount not to exceed the value of the Contribution less $30,000 in full satisfaction of the developer's obligation to reimburse the County for the AGENDA ITEM costs in negotiating and obtaining approval and releases by Florida Power and Light necessary to fulfill the 120 foot right -of -way width requirement ; and �`,�;r 4 2000 WHEREAS, County Road Impact Fee Ordinance No. 92 -22, as amended, requires that the value of - the Contribution be shall be based upon an appraisal of fair market value; and WHEREAS, the Developer has caused the fair market value of the Contribution to be appraised; and DEVELOPER CONTRIBUTION AGREEMENT (Cont'd.) Page 2 WHEREAS, the County accepts the appraised value of the Contribution; and WHEREAS, both parties to this Agreement acknowledge that the value of the Contribution is 545,100, as derived from an analysis of comparable sales of similar properties, between unrelated parties in a bargaining transaction; and WHEREAS, both parties to this Agreement acknowledge that the Road Impact Fee Credits established under this Agreement shall run with the Property, and shall be reduced by the amount of the Road Impact Fee due for each building permit issued thereon, until all such Credit has been exhausted, or until all development upon the Property has been completed; and WHEREAS, both parties to this Agreement acknowledge that Road Impact Fee Credits shall be a credit only against Road Impact Fees, and that such Credits shall not offset, diminish or reduce any other charges, fees or other impact fees for which the Developer is responsible in connection with the development of the Property; and WHEREAS, both parties to this Agreement acknowledge that the failure of this Agreement to address any permit, condition, term or restriction shall not relieve either party, or their successors, of the necessity of complying with any law, ordinance, rule or regulation governing said permitting requirements, conditions, terms or restrictions; and WHEREAS, both parties to this Agreement acknowledge that the burdens and benefits of this Agreement shall be binding upon and shall inure to the successors in interest to the parties to this Agreement; and WHEREAS, both parties to this Agreement acknowledge that this Agreement is not to be construed AGENDA ITEM as a development agreement under the Florida Local Government Development Agreement Act. No. NOV ZOOO WITNESSETH NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged between the parties, the receipt and sufficiency of which is mutually acknowledged, and in consideration of the covenants contained herein, the parties agree as follows: 1. The above recitals are true and correct, and are herewith incorporated as a part of this Agreement. AGFNDAITEM No. Nov 14 2000 Pg. DEVELOPER CONTRIBUTION AGREEMENT (Cont'd.) Page 3 2. Developer shall provide County with an attorney's opinion as to the record title holder of the Property, which opinion shall also identify any lienholders having any lien or encumbrance affecting the portion of the Property known as the Contribution. 3. The Developer shall convey to the County, via Special Warranty Deed and free of all liens and encumbrances, the Contribution, more particularly described and shown in the attached EXHIBIT "A ". Said Special Warranty Deed shall be delivered to the County by the Developer within thirty days of the date of this Agreement. 4. In exchange for the Contribution, the Developer shall be entitled to a Road Impact Fee Credit in an amount of $15,100 ($45,100 less $30,000 in full satisfaction of the Developer's obligation to reimburse the County for the County's costs in negotiating and obtaining any approval and releases by Florida Power & Light necessary to fulfill the 120 foot right -of -way width requirement). 5. Upon receipt of said Special Warranty Deed, County shall record the same in the public records of Collier County, Florida, and will assume the costs associated with such recordation. 6. Effective upon recordation of the Special Warranty Deed described in Section 3, until developmen of the Property is completed, or until the balance of the Road Impact Fee Credit has been reduced to zero, the County shall apply portions of the Road Impact Fee Credit toward the Road Impact Fees which the Developer is required to pay for each building permit which is applied for on the Property, reducing the balance of the Road Impact Fee Credit by the same amount due for each building permit so issued. 7. County shall provide Developer with a certified copy of this Agreement, including all exhibits attached hereto, such that Developer's certified copy of Exhibit "B" (Road Impact Fee Credit Ledger), shall serve as the ledger sheet to document Developer's balance of Road Impact Fee Credits. 8. With each building permit issued on the Property, the County shall subtract from the Road Impact Fee Credit balance the amount of Road Impact Fees appropriate to that particular permit and shall enter the new balance in the ledger column labeled Impact Fee Credit Balance. Next to this new credit balance, both the County Official issuing the building permit and the Developer's Representative applying for the building permit shall print and sign their names. 9. Upon written application made unto the County by the Developer, County shall refund to th, Developer the Impact Fee Credit Balance. Pursuant to this Paragraph 9, said written application AGEND I EM No. qI., � NOV 14 2000 Pg. )3 DEVELOPER CONTRIBUTION AGREEMENT (Cont'd.) Page 4 shall include a certification made by the Developer that all development subject to the payment of Road Impact Fees has been completed on the Property. The refund by County shall be disbursed as agreed between Developer and County based upon the liquidity of Road Impact Fee District Two and provided it does not adversely affect the cash flow of said Road Impact Fee District account; provided, however, notwithstanding the foregoing, the refund shall be paid to Developer no later than five years from the date Developer's application. 10. County shall record this Agreement in the public records of Collier County, Florida, within 14 days of its execution by the Chairman of the Board of County Commissioners. 11. Either party to this Agreement may file an action for injunctive relief in the Circuit Court of Collier County, Florida, to enforce the terms and conditions of this Agreement, said remedy being cumulative with any and all other remedies available to the parties for enforcement of the Agreement. 12. This Agreement may be amended or canceled only by the mutual consent of the parties to the Agreement, or by their successors in interest. 13. This written Agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no prior or contemporaneous written or oral agreements, understandings, promises, warranties or covenants not contained herein. IN WITNESS WHEREOF, the parties have hereunto affixed their signatures by their duly authorized representatives. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCY, Clerk COLLIER COUNTY, FLORIDA Date: Approved as to form and legal sufficiency: eidi F. AshTon, Assistant County Attorney WITNESSES: By: JAMES D. CARTER, PH. D., Chairman THE HALSTATT PARTNERSHIP, a Florida general partnership By: LLOYD G. HENDRY, HAROLD S. AG ND 17M NO. (rr NOV 14 2000 p9. -7 (% �3 DEVELOPER CONTRIBUTION AGREEMENT (Cont'd.) C Witness Si ature LA C. It Tint l� , \ Witness (Signature OENA R. SUTOR Name (Print or Type) Witness (Signature) N e (Print or y e) W' ess (Signature) JERRIE L SHEPPARp Name (Print or Type) c�'. i'4�� JERRIE L 3HEPP ARD N e (Print or Type ;, �� Witness (Si tore) 8t18JW J. NELSON Name (Print or Type) STATE OF COUNTY OF ).e2. Page 5 LYNTON, and JULIET C. SPROUL, as trustees of Edith Collier Sproul Trust under Agreement dated December 29, 1969, and as confirmed by Agreement of Termination of Trusteeship dated June 7, 1982. DARTNER. LLOYD ii. HENDRY, as Trustee HAROLD S. LYNTON, as Tiustee Th foregoing Developer Contribution Agreement was acknowledged before me thisZA day of 2000, by LLOYD G. HENDRY, AS TRUSTEE, for Edith Collier Sproul Trust under Agreement dated December 29, 1969, and as confirmed by Agreement of Termination of Trusteeship dated June 7, 1982, PARTNER, on behalf of THE HALSTATT PARTNERSHIP, a Florida general partnership, who is personally known to me or has produced as identification. (affix notarial seal) Deno R Sutor NO COMMISSION * CC845712 EXPIRES ;.. aigN :, te, 2003 BONJEv T IRL Tkrjl FAIN INSURANCE INC STATE OF Y I CI COUNTY OF I Signature of Notary Public DENA R. SUTOR Print Name of Notary Public NOTARY PUBLIC Serial/Commission #: Q(, q LA %I la My Commission Expires: $1 IZ-2003 A NQA�ITEM No. J/ Nov 14 2000 Pg. U DEVELOPER CONTRIBUTION AGREEMENT (Cont'd.) Page 6 The foregoing Developer Contribution Agreement was acknowledged before me this 'day of 5CQfM1D1nr _ -1 2000, by HAROLD S. LYNTON, AS TRUSTEE, for Edith Collier Sproul Trust under Agreement dated December 29, 1969, and as confirmed by Agreement of Termination of Trusteeship dated June 7, 1982, PARTNER, on behalf of THE HALSTATT PARTNERSHIP, a Florida general partnership, who is personally known to me or has produced as identification. (affix notarial seal) Signature A FAKERS C620472 - QE A tii,w STATE OF 4 ! COUNTY OF Print Name of Notary Public NOTARY PUBLIC Serial/Commission #: CC (pZ(A —f 2- My Commission Expires: r b G The foregoing Developer Contribution Agreement was acknowledged before me this '�-4r) day of r("}(' ' 2000, by JULIET C. SPROUL, AS TRUSTEE, for Edith Collier Sproul Trust under Agreement dated December 29, 1969, and as confirmed by Agreement of Termination of Trusteeship dated June 7, 1982, PARTNER, on behalf of THE HALSTATT PARTNERSHIP, a Florida general partnership, who is personally known to me or has produced as identification. �} (affix notarial seal) Signa fh Notary AKERS r,` h Print Name of Notary Public NOTARY PUBLIC Serial /Commission #:C00 047'�- . My Commission Expires:—qjajl Dam Witness (Signature) HAROLD S. LYNTON, as Trustee IQzlt.J!✓ N1klUoNic2NY By: HAROLD S. LYNTON, KATHERINE G. SPROUL, and JULIET C. SPROUL, as trustees of Edith Collier Sproul Trust under the Will of Barron Collier, Jr., deceased, and as confirmed by Change of dated June 15, 1993, and filed June 22, 1993, in Probate No. 76 -33, of the Probated Records of Collier County, Florid AR ER. I /-/ �G _i�b�dlYX� Witne_s�s (Signature) LLOYD G. ENDRY, as Trustee LAW= C. EMMRYO Witness (Signature) DENA R. SUTOR Name (Print or Type) Witness (Signature) HAROLD S. LYNTON, as Trustee IQzlt.J!✓ N1klUoNic2NY AGENDA ITEM No. 1 �(- ' Nov 14 2000 Pg. DEVELOPER CONTRIBUTION AGREEMENT (Cont'd.) to (Print or ypb) tness (Signature) JE.RNE L sHEppApm Name (Print or Type tn a 8NEPPARD N e (Print or T pe c-- Witness (Si )J N&M Name (Print or Type) STATE OF 1 Q COUNTY OF Page 7 T PROTU , Trustee n The foregoing Developer Contribution Agreement was acknowledged before me this day of JCpkmt f',1' 2000, by HAROLD S. LYNTON, AS TRUSTEE, for Juliet C. Sproul under the Will of Barron Collier, Jr. deceased, and as confirmed by Change of trustees dated June 22, 1993, in Probate No. 76 -33, of the Probate Records of Collier County, Florida, PARTNER, on behalf of THE HALSTATT PARTNERSHIP, a Florida general partnership, who is personally known to me or has produced as identification. (affix notarial seal) effe : ±,: a %: d :SEai ✓ iPE�irrtr. is :iKirR3 T. y tr MAMMON s �ow ��aFEo STATE OF I COUNTY OF Signature of Notary Public TRISM A AKERS Print Name of Notary Public NOTARY PUBLIC Serial/Commission #: 'C D (Q7Z- My Commission Expires:b. The foregoing Developer Contribution Agreement was acknowledged before me thistt day ofJe 2000, by KATHERINE G. SPROUL, AS TRUSTEE, for Juliet C. Sproul under the Will of Barron Collier, Jr. deceased, and as confirmed by Change of trustees dated June 22, 1993, in Probate No. 76 -33, of the Probate Records of Collier County, Florida, PARTNER, on behalf of THE HALSTATT PARTNERSHIP, a Florida general partnership, who is personally known to me or has produced as identification. (affix notarial seal) .�.�. .�,�Fti{� OFFlL9ALM7Tb,�i• ?c`f.L STATE OF r Ck- COUNTY OF i Stgnatuffi ,Nptty puh4� Print Name of Notary Public NOTARY PUBLIC Serial/Commission #:MDAA 7z My Commission Expires:f?jp, � jj 1 STATE OF r Ck- COUNTY OF i Stgnatuffi ,Nptty puh4� Print Name of Notary Public NOTARY PUBLIC Serial/Commission #:MDAA 7z My Commission Expires:f?jp, � jj 1 DEVELOPER CONTRIBUTION AGREEMENT (Cont'd.) Page 8 The foregoing Developer Contribution Agreement was acknowledged before me this day of , 2000, by JULIET C. SPROUL, AS TRUSTEE, for Juliet C. Sproul under the Will of Barron Collier, Jr. deceased, and as confirmed by Change of trustees dated June 22, 1993, in Probate No. 76 -33, of the Probate Records of Collier County, Florida, PARTNER, on behalf of THE HALSTATT PARTNERSHIP, a Florida general partnership, who is personally known to me or has produced as identification. (affix notarial sea]) �►waavaM THUM A a oan awsn CCO20472 W coe. .s o AG NgAITEM No. 1; n Li NOV 14 2000 SignaturqQgtackPS Print Name of Notary Public NOTARY PUBLIC Serial/Commission #: C:0(0W47 Z My Commission Expires: i0 dt) Parcel: 175 EXHIBIT "A" The East 15 feet of Tract E, less the South 2,900 feet of the North 3,000 feet, Grey Oaks Unit Three, according to Plat Book 20, Pages 30 to 37 inclusive, of the Public Records of Collier County, Florida; and The West 15 feet of the East 120 feet of Section 24, Township 49 South, Range 25 East, lying South of Tract E, Grey Oaks Unit Three, according to Plat Book 20, Pages 30 to 37 inclusive, Public Records of Collier County, Florida; and The West 15 feet of the East 120 feet of Section 25, Township 49 South, Range 25 East, lying North of Golden Gate Parkway, less the lands set out in O.R. Book 640, Page 229, Public Records of Collier County, Florida. No. l ErNDA ITEM NOV 14 2000 pg. �� EXHIBIT "B" DEVELOPER'S ROAD IMPACT FEE CREDIT LEDGER IMPORTANT: This Road Impact Fee Credit Ledger is intended to document the balance of Road Impact Fee Credits applying ONLY to the following property: The parent tract is comprised of multiple tracts totaling approximately 930 acres in Sections 24 and 25 of Township 49 South, Range 25 East, Collier County, Florida. The Northeast quadrant of the Grey Oaks PUD is bounded by Airport Road and a 100' drainage canal to the west (8,320 foot frontage), Golden Gate Parkway to the south (5,925 foot frontage), proposed Livingston Road to the east (7,335 foot frontage) and the World Tennis Center to the north (5,080 feet) BEGINNING BALANCE ............. $15,100. DATE PERMIT NO. ROAD IMPACT FEE COUNTY OFFICIAL DEVELOPER IMPACT CREDIT REPRESENTATIVE FEES DUE BALANCE (SIGNATURE) (SIGNATURE) $ $ $ $ $ $ AGENDA ITEM $ $ No.�l� NOV 14 2000 $ $ Pg. r __ _. $ $ Ni AG NDA ITEM . - -IL _ NOV 14 2000 pg, PROJECT: LIVINGSTON ROAD — GREY OAKS FOLIO: 47790008508 PARCEL: 775 TEMPORARY DRIVEWAY RESTORATION EASEMENT l(NOW ALL MEN by these presents that: THE HALSTATT PARTNERSHIP, a Florida general partnership, by its undersigned General Partner(s), who has/have been duly authorized by the Partnership to execute this Temporary Driveway Restoration Easement, whose post office address is 2600 Golden Gate Parkway, Suite 200, Naples, Florida 34105 (hereinafter singularly or collectively referred to as "Grantor', in consideration of Ten Dollars ($10.00) and other valuable consideration, to it in hand paid, does hereby grant unto COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose post office address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Grantee "), a temporary easement to enter upon that portion of the lands of the Grantor being described as follows (the "Easement Area "): See attached EXHIBIT "A ", which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. The Easement Area shall be used by Grantee for the purpose of restoring necessary landscaping, blending grades and elevations of land and driveways pursuant to the construction, to be undertaken by the GRANTEE, of the roadway adjacent thereto. THIS EASEMENT shall expire upon the completion of the construction of the said roadway project or on September 30, 2002, whichever occurs first. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed this STN day of OC'TOACk, 2000. WITNESSES: C Witness (Signature) LAUREL C. HENDRY (PH1 T Me ) �1� Witness (Signature) DENA R. SUTOR Name (Print or Type) THIS IS NOT HOMESTEAD PROPERTY. THE HALSTATT PARTNERSHIP, a Florida general partnership By: LLOYD G. HENDRY, HAROLD S. LYNTON, and JULIET C. SPROUL, as Trustees of the Edith Collier Sproul Trust Under Agreement dated December 29, 1969, and as confirmed by Agreement of Termination of Trusteeship dated June 7, 1982, PARTNER. 2600 Golden Gate Parkway, Suite 200 Naples, Flo 'da 34105 LLOYD 0. HENDRY, as Trustee BARRON COLLIER CO rU NUMBER S 4, AGENQA MEM No. , P NOV' 14 2000 Pg. eoPy W e�atARD N / (Print or T e) Witness (Si Name (Print or Type) e,�L'iWD N e (Print or e . T AA — Witness rtness (Si e�,6pry y` Name (Print or Type) STATE OF h o rt dA. COUNTY OF HAROLD S. LYNTON, as rustee T C. SPROUL��Tmst�ee� Th e�egoing Temporary Driveway Restoration Easement was acknowledged before me this °9 day of e� , 2000 by LLOYD G. HENDRY, AS TRUSTEE, for Edith Collier Sproul Trust under Agreement dated December 29, 1969, and as confirmed by Agreement of Termination of Trusteeship dated June 7, 1982, PARTNER, on behalf of THE HALSTATT PARTNERSHIP, a Florida general partnership, who is personally known to rn or who has produced as identification. WITNESS my hand and official seal this, day of �Cc,� 000. notarial Sosik sutor �� _ r hIYCOMMISSION�CC81811r EXPIRES (Signature of No Public) �?;gr saw 'ED TMIROYFAWIWUjJnMA c DENA R. SUTOR (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #:(if any) Ca NT 712 My Commission Expires: $ -(13 =2.000 STATE OF F1 Qr I C [- COUNTY OFL0jjg!!'- The foregoing Temporary Driveway Restoration Easement was acknowledged before me this �1day of SC.� =n,-Y- , 2000 by HAROLD S. LYNTON, AS TRUSTEE, for Edith Collier Sproul Trust under Agreement dated December 29, 1969, and as confirmed by Agreement of Termination of Trusteeship dated June 7, 1982, PARTNER, on behalf of THE HALSTATT PARTNERSHIP, a Florida general partnership, who is personally known to me or who has produced as identification. WITNESS my hand and official seal this day of �piC(ilj�i� , 2000. (affix notarial seal) ,, f � d , A . PG CfF td ` (Signature of Notary Public) C, -777 T F1" A. AIPuM Y a 7eI°ry f: s i (Print Name of Notary Public) NOTARY PUBLIC �4P : Serial/Commission #:(if any) Ljq L?44-1Z FEa. jj,a My Commission Expires: [-�. i0, 2001 aAMM COLLIER CQ FV53 AGENDA ITEM L I o._ l L' A ' 1 NOV 14 2000 Pg. STATE OF COY I G- COUNTY OF I The fore o n T� ponary Driveway Restoration Easement was acknowledged before me this 5 day of , 2000 by JULIET C. SPROUL, AS TRUSTEE, for Edith Collier Sproul Trust under Agreement dated December 29, 1969, and as confirmed by Agreement of Termination of Trusteeship dated June 7, 1982, PARTNER, on behalf of THE HALSTATT PARTNERSHIP, a Florida general partnership, who is personally known to me or who has produced as identification. WITNESS my hand and official seal this 01 day of DC6X K 2000. ,, //�� (affix notarial seal) \6 i - f�][ Il lb (Signature of Notary Public) ---- -` a s s: et TAtS!'!A A AKEAS 11 P�ra� O 7t FOFF1� FE'. WITNESSES: Witness (Signature) 1tz -)31zT- N A-v-'3 u eU y e (Print or Tyr ess (Signature) JERRIE L SHEPPARD Name (Print or Type) es�sAignature) tE L 3WEPPARp N e (Print or,Typ Witness (Si,�,t Name (Print or Type) N4vae (Print or T &6nr_1_ Witness (S' ature J. mum Name (Print or Type) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #:(if any)(�2�4 2. My Commission Expires: Ft-b. 1p+ By: HAROLD S. LYNTON, KATHERINE G. SPROUL, and JULIET C. SPROUL, as Trustees for Juliet C. Sproul under the The Will of Barron Collier, Jr., deceased, and as confirmed by Change of Trustees June 15, 1993, and filed June 22, 1993, in Probate No. 76 -33 of the Probate Records of Collier County, Florida, PARTNER. 2600 Golden Gate Parkway, Suite 200 Naples, Florida 34105 HAROLD S. LYNTON, as Trustee dtta�� )4 42c('4D KlkTHERINE G. SPROUL, at Trustee n IET C. SPROUL, A Trustee RR CUGER X bA CN FILE NUM... S3 AGENDA ITEM No. I �_- F) ; / Nov 14 2000 p9. L L -� STATE OF 1 COUNTY OF The foregoing Temporary Driveway Restoration Easement was acknowledged before me this day of 2000 by HAROLD S. LYNTON, AS TRUSTEE, for Juliet C. Sproul under the Will of Barron Collier, Jr., deceased, and as confirmed by Change of Trustees dated June 15, 1993, and filed June 22, 1993, in Probate No. 76 -33, of the Probate Records of Collier County, Florida, PARTNER, on behalf of THE HALSTATT PARTNERSHIP, a Florida general partnership, who is p=Qnally known to me or who has produced as identification. WITNESS my hand and official seal this ZBhday of -Y— .2000. (affix notarial seal) ature of Notary Public) gyP OFFIC1ki. �^J�= n _ = (Print Name of Notary Public) 4 cv 1 a NOTARY PUBLIC Serial/Commission #:(if any) CCU �41 Z FED. ,�; , 'A My Commission Expires: ({b. 117 _ o1 STATE OF 6Q COUNTY OF The foregoin Tem orary Driveway Restoration Easement was acknowledged before me this day of C b , 2000 by KATHERINE G. SPROUL, AS TRUSTEE, for Juliet C. Sproul under the Will of Barron Collier, Jr., deceased, and as confirmed by Change of Trustees dated June 15, 1993, and filed June 22, 1993, in Probate No. 76 -33, of the Probate Records of Collier County, Florida, PARTNER, on behalf of THE HALSTATT PARTNERSHIP, a Florida general partnership, who is personally known to me or who has produced as identification. WITNESS my hand and official seal this day of 2000. (affix notarial seal) (Signature of Notary Public) �y pZ, Ct^I i� ®`� rn��: ,n ; ;rr�as THtSHA A. AKERS Q t;0 20 67 (Print Name of Notary Public MY a . NOTARY PUBLIC of A FEa. 10,2'31 Serial/Commission #: CCt o N -7 My Commission Expires: n, 71l) I STATE OF E QV I COUNTY OF The foregoing Temporary Driveway Restoration Easement was acknowledged before me this n day of (,(��dm� , 2000 by JULIET C. SPROUL, AS TRUSTEE, for Juliet C. Sproul under the Will of Barron Collier, Jr., deceased, and as confirmed by Change of Trustees dated June 15, 1993, and filed June 22, 1993, in Probate No. 76 -33, of the Probate Records of Collier County, Florida, PARTNER, on behalf of THE HALSTATT PARTNERSHIP, a Florida general partnership, who is personally known to me or who has produced as identification. WITNESS my hand and official seal this day of 2000, (affix notarial seal) (Signature of Notary Public) TRISHA A. AKERS (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #:te(0Z04—) Z. My Commission Expires: fib_ I()�rry -)l eE fon 8 legal suf 1clenc stst t ount AAttorney B_io COLL1c^ Cp HLE NUMB S AGENDA ITEM NO. i�lr NOV 14 2000 Pg. PROJECT: NO. PROJECT PARCEL NO: TAX PARCEL NO. SECTION 25, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA DESCRIPTION OF' TEMPORARY DRIVEWAY RESTORATION EASEMENT A TEMPORARY DRIVEWAY RESTORATION EASEMENT OVER AND ACROSS ALL THAT PART OF SECTION 25, TOWNSHIP 49 SOUTH. RANGE 25 EAST. COLDER COUNTY. FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THOSE LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 640. PAGE 229, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE NORTH 00.WOO' WEST ALONG A LINE THAT IS 105.00 FEET WEST OF AND PARALLEL TO THE EAST LINE OF SAID SECTION 25 A DISTANCE OF 400.81 FEET: THENCE LEAVING SAID PARALLEL LINE SOUTH 89'1359' WEST 15.00 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN BEING DESCRIBED; THENCE CONTINUE SOUTH 8943'59' WEST 41.09 FEET; THENCE SOUTH 0076'00' EAST 78.36 FEET,• THENCE NORTH 89'4359' EAST 41.09 FEET; THENCE NORTH 00'16'00' WEST 78.36 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN DESCRIBED; CONTAINING 3219 SOUARE FEET OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. E�T� BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE PREPARED BY: LIBER BY: k SCAU WA BAMON CO— LLIER U) FILE NUMBER 63G RUNDAGK. DRAWN By:-JAN -1;1- DATEN-- NOW'12 -1999 .w., C—. ' wl. uw T... 1. T.W. P..01 ■yw, n ulw (.u1u. -4111 CHECKED BY: gaA -�Z PROJECT-NO.: 7841 1.. 0..1,E ..IY 1.1. Id Y.4) K—L l..l Yp.. K W.1 (N I)•lf -.111 C.MXW ✓ a.urb.U- 11... U .w W W .... ..n t..1t.M -.... FILE NO: 7274 ACAD NO: 7274-29 AGEND�k ITEM NO. ((f 1 LI Nov 14 2000 � Pg. �°OPy W N t zL 3 N2 v `lr7" 12:5 r- F Ix $a $ 2 N' 0. +74.2.3 I ' �... 60't� _ _ ,f iB N 120.00 CIA { { + $$ fly�=A n J QUC o 105' EXISTING R.O.W. �� g "� { UWNGSTON ROAD f $ COUNTY ROADWAY EASEMENT 9L h � (O.R. 807. PQ 1847) 15' PROPOSED R.O.W. 170' F.P.&L EASEU!NT (O.R. 640. PG. 232) 1 r+ { + f< CL { f bW { { Pi N 1•- 6 N PROJECT: NO. Fe• � W W^ PROJECT PARCEL NO: Rl PNASE ONE b TAX PARCEL NO. SECTION 25, TOWNSHIP 49 SOUTH, RANGE 25 EAST o COLLIER COUNTY, FLORIDA U SKETCH OF TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY (SEE SHEET 2 OF 2 FOR DESCRIPTION OF TEMPORARY DRIVEWAY RESTORATION EASEMENT) M HOR k WAY A LI,�R.S:M _ ?10: 5335 -.: 7 g + :'•i ' -'••. .:'' ^• �• • r.` C:E'i pm1m.lonai m{inem. pinnnam k lend •urwpon � { C", e...,n nn. n«• «« r..i. n.a wua nqb•• n «,« «,N« -s„i do BY ;l '"",. PACAD_NO: NO _ w u rw w n n a«, �u1i »'-aa N 72774 27 { M.6S'Cr•6B x60'10 __ ±82.39 _ _ +— 120.00 �� { 410 a f (n cc p p ,.: m 041 { z { SCALE. 1' — 60 W N t zL 3 N2 v `lr7" 12:5 r- F Ix $a $ 2 N' 0. +74.2.3 I ' �... 60't� _ _ ,f iB N 120.00 CIA { { + $$ fly�=A n J QUC o 105' EXISTING R.O.W. �� g "� { UWNGSTON ROAD f $ COUNTY ROADWAY EASEMENT 9L h � (O.R. 807. PQ 1847) 15' PROPOSED R.O.W. 170' F.P.&L EASEU!NT (O.R. 640. PG. 232) 1 r+ { + f< CL { f bW { { Pi N 1•- 6 N LIGHT COMPANY NO. 60061 Fe• � W W^ N Rl PNASE ONE b a CL { f bW { { Pi N 1•- 6 N LIGHT COMPANY NO. 60061 Fe• � W W^ N Rl PNASE ONE b a BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTIE?I/.'. AS �I E BJ/5?i : '- 4-- -i o � U 4 NOL1 BY: M HOR k WAY A LI,�R.S:M _ ?10: 5335 -.: 7 SCALE:' :'•i ' -'••. .:'' ^• �• • r.` C:E'i FLORIDA POWER & I5' EXISTING R.O.W ' 6 i LIGHT COMPANY NO. 60061 (O.R. 640, PG. 229) ul6Ncs" ROAD PNASE ONE BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTIE?I/.'. AS �I E BJ/5?i : '- 4-- -i PREPARED BY: NOL1 BY: • C HOR k WAY A LI,�R.S:M _ ?10: 5335 -.: ■ RUNDAGE.«c SCALE:' :'•i ' -'••. .:'' ^• �• • r.` C:E'i pm1m.lonai m{inem. pinnnam k lend •urwpon DRAWN ti� JAPf�..'•�•'CdATE:�'''NOV�}•2' -1999 C", e...,n nn. n«• «« r..i. n.a wua nqb•• n «,« «,N« -s„i CHE BY ;l '"",. PACAD_NO: NO _ w u rw w n n a«, �u1i »'-aa FILE 72774 27 PROJECT: LIVINGSTON ROAD -GREY OAKS FOLIO: 47790008508 PARCEL: 175 SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED made this 5--A day of oe r 9 of , 2000, by THE HALSTATT PARTNERSHIP, a Florida general partnership, by its undersigned General Partner(s), who has/have been duly authorized by the Partnership to execute this Deed, whose post office address is 2600 Golden Gate Parkway, Suite 200, Naples, Florida 34105 (hereinafter singularly or collectively referred to as "Grantor "), to COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3301 Tamiami Trail East, 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.) WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situate 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. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertarmng. TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except as noted above. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. WITNESSES: THE HALSTATT PARTNERSHIP, a Florida general partnership COPY AGENDA ITEM No. �3r NOV 14 2'000 Pg. ' C ✓� RWlm-1, M=%k�xh Witness (Signature DENA R. SUTOR Name (Print or Type) By: LLOYD G. HENDRY, HAROLD S. LYNTON, and JULIET C. SPROUL, as Trustees of the Edith Collier Sproul Trust Under Agreement dated December 29, 1969, and as confirmed by Agreement of Termination of Trusteeship dated June 7, 1982, PARTNER. 2600 Gold ate Parkway, Suite 200 Naplc , Fl da 34105 LLOYD G. NDRY, as Trustee BARRON COLLIER CO FILE NUMBER —157.3-7 AG NDA TEI M No. NOV 14 2000 COPY Wines signature) _ 1 ! F e� f dJ r- r� Lc�u y Name (Print or r ess (Signature) .MMR -- 1 Name (Print or Type) ' ess (Si�n�t�re) JEI� L 31iEPPARD N e (Print or T)T Witness (Si tore J. Name (Print or Type) STATE OF tl nr \(�cL- COUNTY OF 1.22.. HAROLD S. LYNTON, as Truske �IET C. SPROUL, as ntstee Tl a foregoing Special Warranty Deed was acknowledged before me this -?P day of 2000 by LLOYD G. HENDRY, AS TRUSTEE, for Edith Collier Sproul Trust under Agreement dated December 29, 1969, and as confirmed by Agreement of Termination of Trusteeship dated June 7, 1982, PARTNER, on behalf of THE HALSTATT PARTNERSHIP, a Florida general partnership, who is personally known to me or who has produced as identification. WITNESS my hand and official seal this day of C)(?4� , 2000. (affix notarial seal) Dena R Sutor (SiffiWrewf t Pu lic) r MY COMMISSION I CC8/8711 EXPIRES rWTR0 ie, 1hSM (Print Name of Notary Public) ''�W „�� 90NOFD THRlI1NOYfAINIING NOTARY PUBLIC Serial/Commission #:(if any)0-C'4 7 i-D, �^ My Commission Expires: STATE OF r` i & COUNTY OF 44 The foregoing Special Warranty Deed was acknowledged before me this ;_� day of , jCCtt U r , 2000 by HAROLD S. LYNTON, AS TRUSTEE, for Edith Collier Sproul Trust under Agreement dated December 29, 1969, and as confirmed by Agreement of Termination of Trusteeship dated June 7, 1982, PARTNER, on behalf of THE HALSTATT PARTNERSHIP, a Florida general partnership, who is personally known to me or who has produced as identification. WITNESS my hand and official seal this eday of , 2000. (affix notarial seal) ( agnature of Notary Public) TFN” A AIWM TRJSHA A KERS (Print Name of Notary Public) NOTARY PUBLIC cca2ayz �r � o Alf ca �cfe exvr�s Serial/Commission #: (if any 0 (0 W4 � 2 Foe r Ol- Fes. 1a 2001 My Commission Expires: MRRON COLLIER CO ;ILE NUMBER 175311 _ i AG NDA ITEM No. Nov � a 2000 Pg. STATE OF OPY 1 C1. COUNTY OF The foregoing Special Warranty Deed was acknowledged before me this 14'" day of 2000 by JULIET C. SPROUL, AS TRUSTEE, for Edith Collier Sproul Trust under Agreement dated December 29, 1969, and as confirmed by Agreement of Termination of Trusteeship dated June 7, 1982, PARTNER, on behalf of THE HALSTATT PARTNERSHIP, a Florida general partnership, who is personally ]mown to me or who has produced as identification. WITNESS my hand and official seal this541"day of C)CjQit; , 2000. (affix notarial seal) (Signature of Notary Public) P{ _ .:........... . TAISHA A. AKERS { y _ ;2 _ n (Print Name of Notary Public) NOTARY PUBLIC y ' Serial/Commission #:(if any &(92.04 -7�L- My Commission Expires: Kb. i0,TCCf WITNESSES: By: HAROLD S. LYNTON, KATHERINE G. SPROUL, and JULIET C. SPROUL., as Trustees for Juliet C. Sproul under the The Will of Barron Collier, Jr., deceased, and as confirmed by Change of Trustees June 15, 1993, and filed June 22, 1993, in Probate No. 76 -33 of the Probate Records of Collier County, Florida, PARTNER. 2600 Golden Gate Parkway, Suite 200 Naples, Florida 34105 Witness (Signature) HAROLD S. LYNTON, ag Trustee \ CEP C N A 140 NEczNy ame (Print or ) Atitness (Signature) IERRI s Name (Print or Type- nlatur__ k_� �� THERINE Cr. SPROUL, Trustee N e (Print or , Witness (Si ture) eudw Name (Print or Type) itnei, Si Eat e ARD T C. SPROUL, as rustee N (Print or T e) Witness (Si e) _ a=ftj. IBM BARRON COLLIER C0� ALE NUMBER Name (Print or Type) 53 NoAGENDA ITEM NOV 14 2000 Pg. 23 I STATE OF(✓ILL _ COUNTY OF 1_ The foregoing Special Warranty Deed was acknowledged before me this day of 2000 by HAROLD S. LYNTON, AS TRUSTEE, for Juliet C. Sproul under the Will of Barron Collier, Jr., deceased, and as confirmed by Change of Trustees dated June 15, 1993, and filed June 22, 1993, in Probate No. 76 -33, of the Probate Records of Collier County, Florida, PARTNER, on behalf of THE HALSTATT PARTNERSHIP, a Florida general partnership, who is personally known tome or who has produced as identification. WITNESS my hand and official seal this day of fflbt -f = 2000. (affix notarial seal) 41�yvj - � :a F aL �i aorrunt sex ignature of Notary Public) * TRISHA A AKERS TPJ" A AKM wimon (Print Name of Notary Public) CCO20472 NOTARY PUBLIC FES. 10,2001 Serial/Commission #:(if any)C! ZD24-7Z STATE OF t�l ��;; My Commission Expires: ��. iQ. tCo i Y CI COUNTY OF 1� The foregoing Special Warranty Deed was acknowledged before me this � day of 0070br K 2000 by KATHERINE G. SPROUL, AS TRUSTEE, for Juliet C. Sproul under the Will of Barron Collier, Jr., deceased, and as confirmed by Change of Trustees dated June 15, 1993, and filed June 22, 1993, in Probate No. 76 -33, of the Probate Records of Collier County, Florida, PARTNER, on behalf of THE HALSTATT PARTNERSHIP, a Florida general partnership, who is personally known to me or who has produced as identification. WITNESS my hand and official seal this &'day of 060b,-(- 2000. (affix notarial seal) \ �(ignaturi ! ,( )6 - 1' �� -; of Notary Public) o��ar ��f' •_ -��3 STATE OF F 1( I VA-_ COUNTY OF TRISHA A. AKERS (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission �2 My Commission Expires; h. jOjtr I The foregoing Special Warranty Deed was acknowledged before me this day of , 2000 by JULIET C. SPROUL, AS TRUSTEE, for Juliet C. Sproul under the Will of Barron Collier, Jr., deceased, and as confirmed by Change of Trustees dated June 15, 1993, and filed June 22, 1993, in Probate No. 76 -33, of the Probate Records of Collier County, Florida, PARTNER, on behalf of THE HALSTATT PARTNERSHIP, a Florida general partnership, who is personally known to me or who has produced as identification. WITNESS my hand and official seal this ��Oday of (_ Yt-,12r-1- .2 00. (affix notarial seal) �� ' � �n at/t) (Signature of Notary Public) ti i ;J j 9 U, FLU' R TRISHA A. AKERS (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: Cr (o Z04 -7,2, My Commission Expires: Fr--n Ip . -Mj AWV d as to rA legal sufftrtency Assis ant (aunt) Attorney_ B RRON COLL ER co -' L ;;LE NUMBER 53 AG NOA, ITEM No. NOV 14 2000 pg L 3 copy Parcel: 175 EXHIBIT "A" The East 15 feet of Tract E, less the South 2,900 feet of the North 3,000 feet, Grey Oaks Unit Three, according to Plat Book 20, Pages 30 to 37 inclusive, of the Public Records of Collier County, Florida, and The West 15 feet of the East 120 feet of Section 24, Township 49 South, Range 25 East, lying South of Tract E, Grey Oaks Unit Three, according to Plat Book 20, Pages 30 to 37 inclusive, Public Records of Collier County, Florida; and The West 15 feet of the East 120 feet of Section 25, Township 49 South, Range 25 East, lying North of Golden Gate Parkway, less the lands set out in O.R. Book 640, Page 229, Public Records of Collier County, Florida. BARRON COLLfER C0� FILE NUMBER �3 EXECUTIVE SUMMARY WAIVE THE REQUIREMENT FOR COMPETITION AND APPROVE THE PURCHASE OF STEEL BENCHES AND RECEPTACLES FROM SWARTZ ASSOCIATES AND INCREASE PURCHASE FROM SPENCER FABRICATIONS FOR THE BAYSHORE MUNICIPAL SERVICES TAXING UNIT (MSTU) BEAUTIFICATION PROJECT OBJECTIVE: To enhance the quality of life for Bayshore residents through the improvement of roadway landscaping. CONSIDERATION: 1. The Bayshore MSTU was established three (3) years ago and agreed to an additional assessment of three (3) mils for three (3) years for the beautification of the Bayshore street right -of -ways and medians. 2. On September 12, 2000, Agenda Item 16G1S, the Board approved the purchase of railing and planter embellishments from Spencer Fabrications, Inc. in the amount of $81,512.80. The original design was revised to accommodate additional posts for the �-- structure and to remove pavilions from the current design. This revision will cost an additional $11,491.00 for engineering and additional railing. 3. In order to complete Phase 1 of this construction, benches and trash receptacles are required from Swartz Associates. The scrollwork motif on these items is unique and is the basis of design for the bridgework and pavilions on the project. 4. In order to expedite the completion of the Bayshore beautification project, staff recommends that the Board approve the expenditure of an additional $11,491.00 to Spencer Fabrications, Inc. for revisions and approve the purchase of benches and trash receptacles from Swartz Associates in the amount of $7,963.20 without requiring bids. ��ISCAL IMPACT: The amount of $19,454.20 is available in Fund 160-162518 - v 763100 - 66069, Bayshore Drive MSTU Beautification. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board of County Commissioners approve an additional expenditure with Spencer Fabrications, Inc. and approve the purchase of items from Swartz Associates without requiring bids. AG�N ITEM No. I l0 1 NOV 14 2000 Pg. 0 & Executive Summary WAIVE THE REQUIREMENT FOR COMPETITION AND APPROVE THE PURCHASE OF STEEL BENCHES AND RECEPTACLES FROM SWARTZ ASSOCIATES AND INCREASE PURCHASE FROM SPENCER FABRICATIONS FOR THE BAYSHORE MUNICIPAL SERVICES TAXING UNIT (MSTU) BEAUTIFICATION PROJECT. Page 2 L SUBMITTED-BY:- �— 1 Date: 2-' 1 Bob Petersen, Engineer' 1 1, , Lan *cape Operations , Lan REVEIWED BY':' Date/ Edward J. Kant,,,P.E., Transportation Operations Director REVIEWED BY: /t/ Date: Stephen /Y. Carnell, Purcha g/GS Director APPROVED BY: Date: n E. Feder, AICP, Transportation Administrator AGE�NQ A ITEM 0.!tt L� N NOV 14 2000 P". CP z- EXECUTIVE SUMMARY db ADOPT A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY GIFT OR PURCHASE OF FEE SIMPLE TITLE INTERESTS AND /OR PERPETUAL, NON- EXCLUSIVE ROAD RIGHT -OF -WAY, SIDEWALK, UTILITY, DRAINAGE, SLOPE AND MAINTENANCE INTERESTS BY EASEMENT FOR THE CONSTRUCTION OF ROADWAY IMPROVEMENTS FOR THE WHIPPOORWILL LANE PROJECT BETWEEN PINE RIDGE ROAD TO A POINT ONE MILE SOUTH, BEING THE INTERSECTION OF THE FUTURE EAST/WEST CONNECTOR ROAD CONNECTING TO LIVINGSTON ROAD (PHASE 1). OBJECTIVE: To obtain authorization from the Board of County Commissioners (the "Board "), to acquire by gift or purchase all rights and interests in real property which are required for the construction and maintenance of transportation improvements and related facilities for Whippoorwill Lane Project between Pine Ridge Road to a point one mile south, being the intersection of the future east/west connector road connecting to Livingston Road (Phase I). CONSIDERATION: On January 11, 2000, Item 8(a)(3), the Board of County Commissioners (Board), approved to prepare regulations to insure that properties in North Naples (Sections 18 and 19, Township 49 South, Range 26 East) be developed in a coordinated manner with regard to public roads, storm drainage, water and sewer utilities. Preliminary staff analysis indicates that an additional five hundred (500) dwelling units utilizing Whippoorwill Lane for access will cause significant operational difficulties at the future signalized intersections with Pine Ridge Road. Whippoorwill Lane is needed as a public road and this public road will provide a valid public benefit. On March 14, 2000, Item 12(b)(3) and 12(b)(4), the Board of County Commissioners were petitioned by Developers within the Whippoorwill Lane area to approve the required infrastructure for the construction of Whippoorwill Lane and staff was directed by the Board of County Commissioners to pursue the inclusion of the Whippoorwill Lane Project into the Capital Improvement Element of the Growth Management Plan, initiate the acquisition of the required land interests, and to expedite the advancement of construction of Whippoorwill Lane. Adoption of the attached Resolution shall provide the Board's directive and authorization to staff to acquire the necessary easements and/or fee simple title for the Whippoorwill Lane improvements from Pine Ridge Road to a point approximately one mile south, being the intersection of the future east/west connector road connecting to Livingston Road (Phase I), (hereinafter referred to as "Project "), with the notable exception of the proposed Whippoorwill Lane right -of -way which the developers of the Arlington Lakes PUD, the Whippoorwill Pines PUD, the Whippoorwill Lakes PUD, and the Whippoorwill Woods PUD have all agreed to donate to the County (Parcel Nos. 102 / 602, 103 / 603, 104 / 604, 105 / 605, 113 / 613, 114 / 614, 115 / 615 and 117 / 617). AGENDA ITEM No. It 9 211. NOV 14 2000 P9• I The Board will also be authorizing condemnation of the parcels within the Project. However, this Resolution is to approve settlement with owners without having to present each parcel to the Board on a case by case basis. This procedure shall expedite the Project. This Resolution supercedes Resolution 2000 -113 approved by the Board of County Commissioners on May 23, 2000, Item 16(b)(22). FISCAL IMPACT: Total estimated acquisition costs for all right -of -way required for the construction of Whippoorwill Lane (beyond that right -of -way to be donated to the County by the developers of the afore - mentioned PUDs), under the assumption that all required parcels can be obtained through gift or purchase, WITHOUT RESORT TO CONDEMNATION, are $641,000. This figure includes all land and improvements, appraisal fees, title policies, staff overhead and miscellaneous expenses associated with the acquisition of the necessary right -of -way. All expenses will be funded from District 2 Road Impact Fee funds (Fund 331). GROWTH MANAGEMENT IMPACT: The recommendation is consistent with the County's long range planning effort. RECOMMENDATION: That the Board of County Commissioners: (1) Having reviewed alternative locations, environmental factors, cost variables, safety and welfare considerations as they relate to the Project, find that the most feasible location for the Project is more particularly described in Exhibit "A" of the attached Resolution; (2) Adopt the attached Resolution authorizing the acquisition by gift or purchase the fee simple interests and/or perpetual, non - exclusive road right -of -way, sidewalk, utility, drainage, slope and maintenance interests by easement required to complete the Whippoorwill Lane Project between Pine Ridge Road to a point one mile south, being the intersection of the future east/west connector road connecting to Livingston Road (Phase I); and (3) Authorize the Chairman to execute the attached Resolution; and. (4) Approve any and all SUBMITTED BY: DATE: f �- 2 - 00 a H dric , Right -of -Way esi and Valuation Coordinator Property Management Department REVIEWED BY: DATE:///3;/D.— Mitch y, P.E., Interi - hector TranVation )Engiyeering and Construction Management Department APPROVED BY: Noi 'an E. Fe1d6r,IAICP Transportation Administrator DATE: //V-0-0 AGENDA, IT M No. NOV 14 2000 PS _ _ -r • 69 The Board further directs staff to use appraisal reports or internal compensation estimates as staff 7o determines is necessary to best serve the needs of the Project in a timely and cost- effective manner. 71 7. The Board, in accordance with the provisions of Section 125.355, Florida Statutes, hereby 72 formally waives the requirement for a formal, independent appraisal report for the purchase of a 73 property where the purchase price of the parcel (the compensation due to the property owner) is less 74 than One Hundred Thousand and 00 /100 Dollars ($100,000.00). In lieu of the independent appraisal 75 report, staff is hereby authorized to make purchase offers for the properties, the dollar amounts of 76 which shall be predicated on "staff compensation estimates" based upon independent appraisals (and 77 the data therefrom) obtained on similar properties and upon consideration and application of 78 appropriate market value and cost data pertinent to the subject parcels. 79 8. Upon the approval by the County Attorney's Office of all documents necessary for the subject 80 property acquisition, Real Property Management Department staff is hereby directed to offer 81 immediate delivery to the respective property owners of the full compensation (as established by the 82 appraisal or staff compensation estimates in accordance with the provisions of Section 125.355, 83 Florida Statutes), in return for the immediate and proper execution of the respective easements, or 84 deeds and such other legal documents and/or affidavits as the County Attorney's Office deems 85 appropriate in order to protect the interests of the County; and the Board hereby authorizes its present 86 Chairman and any subsequent Chairman, for the life of the Project, to execute any instruments which 87 have been approved by the Office of the County Attorney, to remove the lien of any encumbrance and 88 for any such other purpose as may be required for the fee simple title. 89 9. In those instances where negotiated settlements may be obtained via the "Purchase Agreement" 90 or "Easement Agreement" mechanism, the Director of the Transportation Engineering and Utilities 91 Department, or his designee, is charged with the responsibility for completion of various capital 92 improvement projects, and is hereby delegated the authority to approve the purchase of land interests 93 above the staff compensation estimate or appraised value and pay normally related costs when it is in 94 the best interest of the Project, within the pro -rata share of the land rights acquisition budget for the 95 parcel being acquired, only when the difference between the purchase price and compensation estimate 96 or appraised value is less than Twenty-Five Thousand and 00 1100 Dollars ($25,000.00) or the current 97 purchasing limits established by the Collier County Purchasing Department; provided, Project funding 98 is available. AGEND ITEM No. NOV 14 2000 r_ - Page 3- Pg' 38 WHEREAS, the design and construction of said transportation improvements and related 39 facilities have been determined by the Board to be necessary and in the best interest of Collier County; 40 and 41 WHEREAS, the construction of the transportation improvements and related facilities 42 contemplated by the Project are necessary in order to protect the health, safety and welfare of the 43 citizens of Collier County, and will assist Collier County in meeting certain concurrency requirements 44 of the Growth Management Plan for Collier County. 45 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF 46 COLLIER COUNTY, FLORIDA, that: 47 1. The Board has considered the environmental factors, safety factors and fiscal considerations 48 relating to the final adopted location of the transportation improvements and related facilities. 49 2. The fee simple title interests and/or perpetual, non - exclusive road right -of -way, sidewalk, so utility, drainage, slope and maintenance interests by easement identified on Exhibit "A" are the most 51 feasible locations, both necessary and consistent with the project requirements, in order to permit the 52 construction and maintenance of the transportation improvements and related facilities for the 53 Whippoorwill Lane Project between Pine Ridge Road to a point one mile south being the intersection 54 of the future east/west connector road connecting to Livingston Road (Phase 1). 55 3. The Board has determined that the construction and maintenance of the Whippoorwill Lane 56 transportation improvements and related facilities are necessary for a public purpose and is in the best 57 interest of Collier County. 58 4. The construction and maintenance of the transportation improvements and related facilities are 59 compatible with the long range planning goals and objectives of the Growth Management Plan for 60 Collier County. 61 5. It is necessary and in the best interest of Collier County for the Board to acquire the fee simple 62 title interests and/or or perpetual, non - exclusive road right -of -way, sidewalk, utility, drainage, slope 63 and maintenance interests by easement identified in Exhibit "A "; and County Staff is hereby 64 authorized and directed to acquire by gift or purchase the perpetual, non - exclusive, fee simple title 65 interests and/or or perpetual, non - exclusive road right -of -way, sidewalk, utility, drainage, slope and 66 maintenance interests by easement on the property identified in Exhibit "A ". 67 6. The Chairman of the Board is hereby authorized to execute App rNCOV ements with the 68 appraisal firms) selected from the list of firms pre - qualified by the Boa �: 141000 -Page 2- Pg. `. G _ ADY MINOR & ASSO( 1T. , P.A. Civil Engineers ■ Land Surveyors •Manners Q. GRADY MINOR, P.E MARK W. MINOR. P.E. C. DEAN SMITH, P.E. DAVID W. SCHMITT, P.E. MICHAEL J. DELAM P.E. IN COLLIER COUNTY, A PORTION OF PIN: 0000000286800008 STRAP: 492618 017.0004BI8 Perpetual, Non - Exclusive Road Right -of -Way, Drainage, Utility and Maint. Easement Ic�2. D. WAYNE ARNOLD, A.1.C.P. ROBERT W. THINNES, A.1.C.1 ERIC V. SANDOVAL, P.S.M. THOMAS CHERNESKY, PS.M. ALAN V. ROSEMAN PROJECT __bW5L4 PARCEL i?a_.______ FOLIO n2T�6Rnom R LEGAL DESCRIPTION WHIPPOORWILL LANE (SKETCH B -1807) THE EAST 40 FEET OF THE NORTH HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 26,408 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. S I GNED P.S.M. #5426 TOM CHERNESKY STATE OF FLORIDA F : SURVEY \ww . r.t.c Mr AL No. NOV 14 2000 —P _9 (941) 947 -1144 • FAX (941) 947 -0375 ■ E -Mail: QGMA ®aol.com 3800 Via Del Rey ■ Bonita Springs, Florida 34134 99 i too 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 10. That the settlement approval authority is delegated by the Board to the extent that such approvals do not conflict with the provisions of Section 125.355, Florida Statutes. 11. The Chairman of the Board is hereby authorized to execute Easement Agreements and Purchase Agreements where the land owner has agreed to sell the required land rights to the County at its appraised value or at that amount considered the "Administrative Settlement Amount" as such term is internally used by the administrative agencies of Collier County. 12. Where the property owner agrees, by sworn affidavit or agreement ( "Purchase Agreement" or "Easement Agreement "), to convey a necessary interest in real property to the County, and upon the proper execution by the property owner of those easements or fee simple title, and such other legal documents as the Office of the County Attorney may require, the Board hereby authorizes the Finance Department to issue warrants, payable to the property owner(s) of record, in those amounts as shall be specified on a closing statement and which shall be based upon the appraisal or staff compensation estimate in accordance with this Resolution and the provisions of Section 125.355, Florida Statutes. 13. All title to properties or interests in properties which have been obtained in the manner described above shall be deemed "accepted" by the Board of County Commissioners, as the governing body of Collier County, Florida, a political subdivision of the State of Florida, and as such, staff is hereby authorized to record in the Public Records of Collier County, Florida, said easements or fee simple title and such other instruments as may be required to remove the lien of any encumbrance from the acquired properties. 14. This Resolution supercedes Resolution 2000 -113 approved by the Board of County Commissioners on May 23, 2000, Item 16(b)(22). THIS RESOLUTION ADOPTED on this _ day of 2000, after motion, second and majority vote. 122 123 124 125 ATTEST: 126 DWIGHT E. BROOK, CLERK 127 128 129 C LAJRMAN 130 131 Cleric 132 133 134 Approved as to fora and 135 legal sufficiency. 136 137 138 Herdi F. As ton 139 Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: James D. Carter, Ph.D., CHAIRMAN -Page 4- AG D i M No. NOV 14 2000 w Pg. G. -ADY MINOR & ASSO( .T`, P.A. Civil Engineers ■ Land Surveyors • Planners Q. GRADY MINOR, P.E. MARK W. MINOR, P.E. C. DEAN SMITH, P.E. DAVID W. SCHMITT, P.E. MICHAEL J. DELATE, P.E. IN COLLIER COUNTY, A PORTION OF:.. PIN: 0000000286960003 STRAP: 492618 021.0004BIS Perpetual, Non - Exclusive Road Right -of -Way, Drainage, Utility and Maint. Easement LEGAL DESCRIPTION WHIPPOORWILL LANE (SKETCH B -1807) l0__ D. WAYNE ARNOLD, A.I.0 V ROBERT W. THINNES, A.I.C.P. ERIC V. SANDOVAL, P.S.M THOMAS CHERNESKY, F.S.M. ALAN V. ROSEMAN PROJECT PARCEL 10-__� FOL 10 THE EAST 40 FEET OF THE EAST HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 26,408 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. SIGNED 3-/ 7z"Ov, , P.S.M. #5426 TOM CHERNESKY STATE OF FLORIDA F:SQRVEY \WW.LLS (941) 947 -1144 • FAX (941) 947 -0375 • E -Mail: QGMA ®aol.com 3800 Via Del Rey ■ Bonita Springs, Florida 34134 A DA LMM No. Nov 14 2000 Pg. 1 MAAK W. MWM p L i9E�lti �K, p.� " G' .DY MINOR & ASSOC"" P.A. - Civil En&ineers Land Surveyors xn is EXHIW., --rte :17.0004218 $00008 6o'? 0. WAYNE ARNOLD, A.I.C.P. ROBERT W. THINNES, A.I.C.P. ERIC V. SANDOVAL. P.S.M. THOMAS 0-1ERNESKy, P S.M. ALAN V. ROSEMAN PROJECT (gC S4 PARCEL FOL IO LEGAL DESCRIPTION PERPETUA-L, NON - EXCLUSIVE SLOPE EASEMENT WHIPPOORWIIZ LANE (SKETCH B- 1807 -A) 7- . j1 XT OF THE '' TER (1/4) 49 SOUTH, .600 5QUAU EAST 50 FEET OF THETH HALF (1/2) OF THE OF THE S07MWEST MARTER (1/4) OF SECTION RANGE 2f EAST, , C,_LLIER COUNTY, FLORIDA; BEET, MORE �OR L IDSL!_ 1 X, ASSOCIATES, P.A. .N P.S.M. #5426 STATE OF FLORIDA AI� 0 No NOV 14 2000 P9 . 1144 FAX (941) 947 -0375 E-MaiL-en&eering@gradyminor.com 3800 Via Del Rey Bonita Spring Fbr ida 34134 . CG,.ADY MINOR & ASSO( -iTL .j, P.A. Civil Engineers ■ Land Surveyors ■ Planners Q. GRADY MINOR, P.E. MARK W. MINOR, P.E. C. DEAN SMITH, P.E. DAVID W. SCHMITT, P.E. MICHAEL J. DELATE, P.E IN COLLIER. COUNTY, A PORTION OF: PIN: 0000000286760009 STRAP: 492618 016.000.4BI8 Perpetual, Non - Exclusive Road Right -of -Way, Drainage, Utility and Maint. Easement � :ice' FTWIM M. _": M. D. WAYNE ARNOLD, A.I.C. ROBERT W. THINNES, A.I.C.P_ ERIC V. SANDOVAL, P.S.M. THOMAS CHERNESKY, P.S.M. ALAN V. ROSEMAN ., • • •• ,. •ILLS LEGAL DESCRIPTION WHIPPOORWILL LANE (SKETCH B -1807) THE EAST 40 FEET OF THE NORTH HALF (1/2) OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 26,408 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. SIGNED ��p , P.S.M. #5426 TOM CHERNESKY STATE OF FLORIDA F:SURVEY \WW.LLS (941) 947 -1144 a FAX (941) 947 -0375 ■ E -Mail: QGNiA ®aol.com 3800 Via Del Rey a Bonita Springs, Florida 34134 No AGE(JD M . NOV 14 2000 Pg. _Lc l 1 G_ _ .DY MINOR & ASSOC' ';TI P.A. Civil Engineers Land Surveyors , ianners Q. CRADY MINOR, RE �Qqp �� "'ARK W. MINOR, P.E. d1�j� TAN SMITH, P.E. �8� AD W. SCHMITT, F.E. MICHAEL J. DELATE, P.E. Fr<0JECT COUNTY RA RC E L _.�______ 6960003 �J _0 ��/ 2l .0004818 FQt.jO �o� D. WAYNEaARNOLD, A.l.CP. ROBERT W. "1'I- IINNES, A.I.CP. ERIC V. SANDOVAL, P.S.M. THOMAS CHERNESKY, PS.M. ALAN V. ROSEMgN IN COLLIER CO A PORTION OF: PINz 00. 0000028 STRAP 492618 0 LEGAL DESCRIPTION PERPETUAL, NON - EXCLUSIVE SLOPE EASEMENT WHIPPOORWILL LANE (SKETCH B- 1807 -A) THE WEST 10 FEET OF THE EAST 50 FEET OF THE EAST HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 6,600 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. SIGNED P.S.M. #5426 TOM CHERNESKY STATE OF FLORIDA F:SMVEY \WM.LLS AG G No. NOV 14 2000 pg. I (941) 947 -1144 FAX(941)947-0375 E -Mail: engineering@gradyminor -com 3800 Via Del Rey Bonita Springs, Florida 34134 Cj_,ADY MINOR & ASSO' 61 P.A. Civil En ' eers ■Land Surveyors ■ Planners Q. GRADY MINOR, P.E. MARK W. MINOR, P.E. C. DEAN SMITH. P.E. DAVID W. SCHMM, P.E. MICHAEL- J. DELATE, P.E. IN COLLIER COUNTY, A PORTION OF: PIN: 0000000286490004 STRAP: 492618 012.0004318 Perpetual, Non - Exclusive Road Right -of -Way, Drainage, Utility and Maint. Easement �y ►C w( � LEGAL DESCRIPTION WHIPPOORWILL LANE (SKETCH B -1807) 105 D. WAYNE ARNOLD, A.I.C.P. ROBERT W. THINNES, A.I.C.Pi ERIC V. SANDOV AL, PS-M.` THOMAS CHERNESKY, PS.M ALAN V. ROSEMAN PROJECT (,0025 PARCEL 105 FOLIO n._ :?Ree4Sa 4- THE EAST 40 FEET OF THE SOUTH �'i /4� / OF SECTION SOUTHEAST 18 H TOWNSHIP T49 (1/4) OF THE NORTHWEST QUARTER SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 26,408 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. SIGNED P.S.M. #5426 TOM CHERNESKY STATE OF FLORIDA F.SURVEY \ww.LLS (941) 947 -1144 ■ PAX (941) 947 -0375 ■ E -Mail: QGMA ®aoLcom 3800 Via Del Rey ■ Bonita Springs, Florida 34134 AG D I M No. NOV 14 2000 Pg. G___ .tDY MINOR & ASSOC TL __ P.A. Civil Engineers Land Surveyors Hanners ,RADY MINOR, P.E. RK W. MINOR, P.E. �. DEAN SMITH, P.E. DAVID W. SCHMITT, P.E. MICHAEL 1. DELATE, RE IN COLLIER COUNTY, A PORTION OF: : PIN:: 0000000286760009 STRAP: 492618 016.0004818 D. WAYNE ARNOLD, A.I.C.P. ROBERT W. THINNES, A.I.C.P. ERIC V. SANDOVAL, P.S.M. THOMAS CHERNESKY, P.S.M. ALAN V. ROSEMAN PROJECT _ PARCEL _._CoOL�,__..___ FOLIO Ma?,6,M cy-nq s LEGAL DESCRIPTION PERPETUAL, NON - EXCLUSIVE SLOPE EASEMENT WHIPPOORWILL LANE (SKETCH B- 1807 -A) THE WEST 10 FEET OF THE EAST 50 FEET OF THE NORTH HALF (1/2) OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 6,600 SQUARE FEET, MORE OR LESS- Q. GRADY MINOR & ASSOCIATES, P.A. SIGNED ` -/4#0 L4� A P.S.M. #5426 TOM CHERNESKY STATE OF FLORIDA AGF,NnA 1 M F:SURVEY\WW.LLS NOV 14 2000 Pg �. (941) 947 -1144 FAX (941) 947 -0375 E -Mail: engineering@gradyminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 G:__ .DY MINOR & ASSOCT "TI - P.A. Civil Engineers ■ Land Surveyors ► __ .amers Q. GRADY MINOR, P.E. MARK W. MINOR, P.E. C. DEAN SMITH, P.E. DAVID W. SCHMITT, P.E. MICHAEL J. DELATE, P.E IN COLLIER COUNTY, A PORTION OF: PIN: 0000000288160102. STRAP: 452628 051.0004B18 r e r N t FEE SIMPLE INTEREST LEGAL DESCRIPTION WHIPPOORWILL LANE (SKETCH B -1807) MR D. WAYNE ARNOLD, A.I.C.P. . ROBERT W. THINNES, A- I.C.P. ERIC V. SANDOVAL, P.S.M. THOMAS CHERNESKY, PS.K ALAN V. ROSEMAN PROJECT PARCEL _ 1C�Cv FOLIO THE EAST 40 FEET OF THE SOUTH HALF (1/2) OF THE SOUTH HALF (1/2) OF THE NORTH HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST; LESS THAT PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 2286 AT PAGES 624 -626 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; CONTAINING 2,400 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. SIGNED P.S.M. #5426 TOM CHERNESKY STATE OF FLORIDA F:SURVEYWW .LLS AG DM No. NOV 14 2000 pg _ (941) 947 -1144 ■ FAX (941) 947 -0375 a E- Mail: QGMA ®aol.com 3800 Via Del Rey ■ Bonita Springs, Florida 34134 G _ ADY MINOR & ASSOC T1 ,_' P.A. �- Civil Engineers Land Surveyors ►Tanners CRADY MINOR P.E. RK W. MINOR, P.E. )EAN SMITH, P.E. ,..,AVID W. SCHMITT, P.E. MICHAEL J. DELATE, P.E. IN COLLIER COUNTY, A'PORTION OF: PIN: 00000002.86480004 STRAP: 492628 012..0004B18 1. :; !c.�i; t ■ _ LEGAL DESCRIPTION (0o.5 D. WAYNE ARNOLD, A.I.C.F. ROBERT W. THINNES, A.I.C.P. ERIC V. SANDOVAL, PS.M THOMAS CHERNESKY, P.S.M. ALAN V. ROSEMAN PROJECT PARCEL [aD'F� FOLIO na-) 4 PERPETUAL, NON- EXCLUSIVE SLOPE EASEMENT WHIPPOORWILL LANE (SKETCH B- 1807 -A) THE WEST 10 FEET OF THE EAST 50 FEET OF THE SOUTH HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUN'T'Y, FLORIDA; CONTAINING 6,600 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. SIGNED -1 ~4V P.S.M. #5426 TOM CHERNESKY STATE OF FLORIDA F: SURVEY \NW.L S A -- M No. NOV 14 2goo Pg. (941) 947 -1144 FAX(941)947-0375 E -Mail: engineering®gradyminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 107 G:.ADY MINOR & ASSOC' 1 P.A. Civil Engineers ■ Land Surveyors 0 runners D. WAYNE ARNOLD, A.I.C.P.; Q. GRADY MINOR, P.E. ROBERT W THINNES, A.I.C.P.', MARK W MINOR, P.E. 1 ,,(; ERIC V. SANDOVAL, F.S.M. C. DEAN SMITH, P.E. — �-►�"" THOMAS CHERNESKY, P.S.M. DAVID W. SCHMITi, P.E. ALAN V. ROSEMAN MICHAEL 1• DATE P.E. PROJECT _ CYZ4 _ IN COLL=COMM, PARCEL 109 A- FORTIFZN: 00 FOLIO 00AXoSACM3 STRAP: FEE SIMPLE INTEREST LEGAL DESCRIPTION WHIPPOORWILL LANE (SKETCH B -1807) THE EAST 40 FEET OF THAT PARCEL OF H,EDNORTHLYING HALFTHE 1/ SOUTH OF THE (1/2) OF THE SOUTH SOUTHEAST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST; SAID PARCEL BEING MORE PAGES 624- PARTICULARLY FHE DESCRIBED FLORIDA; CONTAINING 626 OF THE PUBLIC 4,201 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. SIGNED TOM CHERNESKY F:SURVEr\ww.zas P.S.M. #5426 STATE OF FLORIDA - FIT .4 2000 Pg. ' x r r (941) 947 -1144 a FAX (941) 947 -0375 ■ E -Mail: QGMA@aol.com 3800 Via Del Rey - Bonita Springs, Florida 34134 G... -kDY MINOR & ASSOCT ' T: P.A. Civil Engineers Land Surveyors _ .amers ,_CRADY MINOR, P.E. 1K W. MINOR, P.E. ,EAN SMITH, P.E. DAVID W. SCHMITI', P.E. MICHAEL J. DELATE, P.E. IN : COLLIER COUNITY. A PORTION _OF: PIN:- `0:000000288160102. STRAP': 492618 051.0.004B28 C i t -�- «f �i► LEGAL DESCRIPTION PERPETUAL, NON- EXCLUSIVE SLOPE EASEMENT WHIPPOORWILL LANE (SKETCH B- 1807 -A) 6OG D. WAYNE ARNOLD, A.I.0 P_ ROBERT W. THINNES, A.I.CP. ERIC V. SANDOVAL. P.S.M. THOMAS CHERNESKY, PSAL ALAN V. ROSEMAN PROJECT C0005 4 PARCEL LOU FOLIO rr221$1 (go 102 THE WEST 10 FEET OF THE EAST 50 FEET OF THE SOUTH HALF (1/2) OF THE SOUTH HALF (1/2) OF THE NORTH HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST; LESS THAT PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 2286 AT PAGES 624 -626 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; CONTAINING 600 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. SIGNED .71 P.S.M. #5426 TOM CHERNESKY STATE OF FLORIDA F: SURVEY \ww.itS AGE�ID,IT�JIA NOV 14 2000 Pg. -s (941) 947 -1144 FAX(941)947-0375 E -Mail: engineering@gradyminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 ( -_.ADY MINOR & ASSOC'- ' '1-0, P.A. Civil Engineers ■ Land Surveyors • r'lanners Q. GRADY MINOR, P.E. MARK W. MINOR, P.E. C. DEAN SMITH, P.E. DAVID W. SCHMITT, P.E. MICHAEL J. DELATE, P.E. IN COLLIER COUNTY, X PORTION OF: PIN: 0000000286640006 STRAP: 492618 013.0034BI8 FEE SIMPLE INTERST LEGAL DESCRIPTION WHIPPOORWILL LANE (SKETCH B -1807) D. WAYNE ARNOLD, A.I.C.P. ROBERT W. THINNES, A.I.C... ERIC V. SANDOVAL, P.S.M. THOMAS CHERNESKY, PS.M. ALAN V. ROSEMAN PROJECT i • PARCEL �• i 1 1._ ♦ ...� x.11 THE EAST 40 FEET OF THE NORTH HALF (1/2) OF THE SOUTH HALF (1/2) OF THE NORTH HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 6,602 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. SIGNED i � P.S.M. #5426 TOM CHERNESKY STATE OF FLORIDA F:SURVEY \WW.LLS (941) 947 -1144 ■ FAX (941) 947 -0375 • E -Mail: QGMA4aol.com 3800 Via Del Rey ■ Bonita Springs, Florida 34134 AGIrI�D�' Ij,�M No. T l0 � ►� NOV 14 2000 P9• ( 1 ZRADY MINOR, P.E. .ARK W. MINOR, P.E. C. DEAN SMITH, P.E. DAVID W. SCHMTTT, P.E. MICHAEL J. DELATE, P.E. C...ADY MINOR & ASSOC ' T. ; PA. Civil Engineers Land Surveyors . canners Ex ml IN COLLIER COUNTY, .A PORTION OF: PIN: 00.00000286520003 STRAP: 492618 013.0004B18 D. WAYNE ARNOLD, A.I.C.P. ROBERT W. TI-IINNES, M.0 P. ERIC V. SANDOVAL, P.S.M. THOMAS CHERNESKY, PS.M ALAN V. ROSEMAN PROJECT PARCEL CW7 FOLIO n-)2 a5Qm--23 LEGAL DESCRIPTION PERPETUAL, NON_ EXCLUSIVE SLOPE EASEMENT WHIPPOORWILL LANE (SKETCH B- 1807 -A) THE WEST 10 FEET OF THE EAST 50 FEET OF 7HAT PARCEL OF LAND LYING IN THE SOUTH HALF (1/2) OF THE SOUTH HALF (1/2) OF THE NORTH HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED IN OFFICIAL RECORDS BOOK 2286 AT PAGES 624 -626 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; CONTAINING 1,050 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. SIGNED 7 l �lsf P.S.M. #5426 TOM CHERNESKY STATE OF FLORIDA F : StMVEY\ WW . LLS AGEr1p- j M No. NOV 14 2000 / Pg. (941) 947 -1144 FAX(941)947-0375 E -Mail: engineering®gradyminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 Q. GRADY MINOR, P.E. MARK W. MINOR, P.E. C. DEAN SMITH. P.E. DAVID W. SCHMITP, P.E MICHAEL 1. DELATE, P.E. LADY MINOR & ASSOC-'" '.1- P.A. Civil Engineers ■ Land Surveyors a elanners EXHMNT IN COLLIER COUNTY, A PORTION OF: PIN:0000000286600004 STRAP: 492618 013.0024BI8 FEE SIMPLE INTEREST LEGAL DESCRIPTION WHIPPOORWILL LANE (SKETCH B -1807) 1 oc? D. WAYNE ARNOLD, A.I.C.P_, ROBERT W. THINNES, A.I.C.P_ ERIC V. SANDOVAL, PS.M. THOMAS CHERNESKY, PSAL ALAN V. ROSENAN PROJECT DbS4 PARCEL 10q— FOLIO 1r0j2i&,c o (Yr)� THE EAST 40 FEET OF THE SOUTH HALF (1/2) OF THE NORTH HALF (1/2) OF THE NORTH HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 6,602 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. SIGNED 3 *a P.S.M. #5426 TOM CHERNESKY STATE OF FLORIDA F:SURVEY \WW.LLS AGlrj�1Dt1�FM No. NOV 14 2000 Pg.. ,.,I._ (941) 947 -1144 • FAX (941) 947 -0375 ■ E -Mail: QGMA ®aol.com 3800 Via Del Rey ■ Bonita Springs, Florida 34134 L_.ADY MINOR & ASSOf " ' I _ P.A. Civil Engineers Land Surveyors .-lanners � ,RADY MINOR, P.E. X W. MINOR, P.E. JEAN SMITH, P.E. DAVID W. SCHMITT, P.E. MICHAEL). RELATE, P.E IN COLLIER COUNTY,. A PORTION OF: PIN: 0000000286640006 STRAP: 492628 023.0034B28 << i •ioI• � 11 600E D. WAYNE ARNOLD, A.I.C.P. ROBERT W. THINNES, A.I.C.P. ERIC V. SANDOVAL, PS.M. THOMAS CHERNESKY, P.S.M. ALAN V. ROSEMAN PROJECT . PARCEL o • FOLIO •.r _ • � ..,,. , LEGAL DESCRIPTION PERPETUAL, NON- EXCLUSIVE SLOPE EASEMENT WHIPPOORWILL LANE (SKETCH B- 1807 -A) THE WEST 10 FEET OF THE EAST 50 FEET OF THE NORTH HALF (1/2) OF THE SOUTH HALF (1/2) OF THE NORTH HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 1,650 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. SIGNED P.S.M. #5426 TOM CHERNESKY STATE OF FLORIDA F . SURVEYWW . ISS A.T� M NOV 14 2000 Pg. (941) 947 -1144 FAX(941)947-0375 E -Mail: engineering@gradyminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 P.A. (,..ADY MINOR & ASSOC' :1._.i, Civil Engineers ■ Land Surveyors ■ ? ?inners Q. CRADY MINOR, P.E. MARK W. MINOR, P.E. C. DEAN SMITH, P.E. DAVID W. SCHMITT, P.E MICHAEL J. DELATE, P.E. IN COLLIER COUNTY A PORTION OF:. PIN 00000002865.60005 STRAP: 492618 013.0014B18 [' " • l FEE SIMPLE INTEREST LEGAL DESCRIPTION WHIPPOORWILL LANE (SKETCH B -1807) Ito D. WAYNE ARNOLD, A.I.C.P. ' ROBERT W. THINNES, A.I.C.P. i ERIC V. SANDOVAL. PS.M. THOMAS CHERNESKY, PS.M. ALAN V. ROSEMAN PROJECT i PARCEL FOL 10 1.1 i ._ . 1. THE EAST 40 FEET OF THE NORTH HALF (1/2) OF THE NORTH HALF (1/2) OF THE NORTH HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4) AND THE EAST 40 FEET OF THE SOUTH 60 FEET OF THE EAST HALF (1/2) OF THE NORTHEAST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4), ALL OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 9,002 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. SIGNED P.S.M. #5426 TOM CHERNESKY STATE OF FLORIDA F: SuFtVEY \ww. = AGE ff- NOV No. 14 2000 Pg (941) 947 -1144 ■ FAX (941) 947 -0375 ■ E -Mail: QGMA ®aol.com 3800 Via Del Rey a Bonita Springs, Florida 34134 ,^ C kDY MINOR & ASSOCT A T , P.A. t, Civil Engineers Land Surveyors .anners CRADY MINOR, P.E. EX IB ARK W. MINOR, P.E. DEAN SMrrH, P.E. DAVID W. SCHMITt', P.E. MICHAEL 3• DELATE, P.E. IN COLLIER COUNTY, A PORTION OF: PIN :00000002.96600004 STRAP:: 492618 013.00241318 f � 1 D. WAYNE ARNOLD, A I.C.P. ROBERT W. THINNES, A I.0 P. ERIC V. SA3IDOVAL PS.M. THOMAS CHERNESKY, PS.M. ANN V. ROSEMAN PROJECT `�.�. PARCEL �t?� VOL IO r4, 2ItetcC�rYV'Y.l. LEGAL DESCRIPTICW PERPETUAL, NON - EXCLUSIVE S10PE E.1�� >EMENT WHIPPOORWILD I-ANE (SKETCH B- 1807 -A) THE WEST 10 FEET OF THE EAST 50 FEET OF MEE SOUTH 31ALF (1/2) OF THE NORTH HALF (1/2) OF THE NORTH HALF (1/2) C?-' THE SC 7714EA.ST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4) OF F.MYCTION 1B, 'TTWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CTINTAINING I„ 650 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. SIGNED �- /0 P.S.M. #5426 TOM CHERNESKY STATE OF FLORIDA AGWAITW No. Nov 14 2MD F:S=VEY \WW.LLS Pg. (941) 947 -1144 FAX(941)947-0375 E -Mail: engineering@gradyminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 ADY MINOR & ASSOC -Vi Vi P.A. Civil Engineers ■ Land Surveyors - .Manners Q. GRADY MINOR, P.E. MARK W. MINOR, P.E. C. DEAN SMITH, P.E. DAVID W. SCHMITT, P.E. MICHAEL J. DELATE, P.E. IN COLLIER COUNTY, A PORTION OF: PIN: 0000000287560004 STRAP: 492618 034.0 004.918 1 dt� FEE SIMPLE INTEREST LEGAL DESCRIPTION WHIPPOORWILL LANE (SKETCH B -1807) D. WAYNE ARNOLD, A.I.C.P_ ROBERT W. THINNES, A.i.C.P_ ERIC V. SANDOVAL, P-53L THOMAS CHERNESKY, PS.AL ALAN V. ROSEMAN PROJECT oU)Sd PARCEL ._ I . I I FOLIO I)bQq St, (Y)14 I THE EAST 40 FEET OF THE EAST HALF (1/2) OF THE EAST HALF (1/2) OF THE NORTHEAST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; LESS THE SOUTH 60 FEET PER OFFICIAL RECORDS BOOK 1559, PAGE 14 AND LESS THE NORTH 150' FOR THE PINE RIDGE ROAD RIGHT -OF- WAY, AND LESS THAT PORTION OF THE EAST 40 FEET AS DESCRIBED IN THAT CERTAIN ORDER OF TAKING PER OFFICIAL RECORD BOOK 2660 AT PAGES 3375 THROUGH 3383, CONTAINING 27,614 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. SIGNED %L tM P.S.M. #5426 TOM CHERNESKY STATE OF FLORIDA 29—Iff No. Nov 14 2000 // F: SURVEY \WW .LLS (941) 947 -1144 • FAX (941) 947 -0375 ■ E -Mail: engineering@gradyminor.com 3800 Via Del Rey ■ Bonita Springs, Florida 34134 GRADY MINOR, P.E. .ARK W. MINOR, P.E. C. DEAN SMITH, P.E. DAVID W. SCHMITT, P.E. MICHAEL]. DELATE, P.E. C:._.ADY MINOR & ASSOC- - Ta- _o, P.A. Civil Engineers Land Surveyors runners HQ dT A. IN COLLIER CODS Y, A PORTIONS OF PIN: 00000:00286560005 STRAP: 492618 023.0014BI8 & 1Q D. WAYNE ARNOLD, A.I.C.P. ROBERT W. THINNES, A.I.0 P. ERIC V. SANDOVAL, P.S.M. THOMAS CHERNESKY, P.S.M. ALAN V. ROSEMAN PROJECT -(h( PARCEL G In FOLIO r��t�L,Sl,rv,r�c LEGAL DESCRIPTION PERPETUAL, NON- EXCLUSIVE SLOPE EASEMENT WHIPPOORWILL LANE (SKETCH B- 1807 -A) THE WEST 10 FEET OF THE EAST 50 FEET OF THE NORTH HALF (1/2) OF THE NORTH HALF (1/2) OF THE NORTH HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4) AND THE WEST 10 FEET OF THE EAST 50 FEET OF THE SOUTH 60 FEET OF THE EAST HALF (1/2) OF THE NORTHEAST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4), ALL OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 2,250 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. S IGNED P.S.M. #5426 TOM CHERNESKYZ� STATE OF FLORIDA F:SURVEY\ W.LLS NOV 14 2000 Pg. v (941) 947 -1144 FAX(941)947-0375 E -Mail: engineering@gradyminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 . t._.ADY MINOR & ASSO01 1 i _.i, P.A. Civil Engineers ■ Land Surveyors a Planners Q. GRADY MINOR, P.E. MARK W. MINOR, A.E. C. DEAN SMITH, P.E. DAVID W. SCHMITT, P.E. MICHAEL J. DELATE, P.E. IN COLLIER COUNTY, A PORTION OF: PIN: 0000000287280009 STRAP: 4.92618 028.0004518 FEE SIMPLE INTEREST LEGAL DESCRIPTION WHIPPOORWILL LANE (SKETCH B -1807) i iz 1 D. WAYNE ARNOLD, A.LCi! ', ROBERT W. THINNES, A.I.C.Y. ERIC V. SANDOVAL P.SJL THOMAS CHERNESKY, P.S.M. ALAN V. ROSEMAN PROJECT _ f ^_ 66 S PARCEL 11 Z FOLIO THE WEST 40 FEET OF THE SOUTH HALF (1/2) OF THE NORTHWEST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 26,419 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. SIGNED 3-M ZA , P.S.M. #5426 TOM CHERNESKY 7 STATE OF FLORIDA F:SURVEY \WW.LLS (941) 947 -1144 ■ FAX (941) 947 -0375 ■ E -Mail: QGMA ®aol.com 3800 Via Del Rey ■ Bonita Springs, Florida 34134 No AGgNleff M NOV 14 2000 Pg C 4-DY MINOR & ASSOCT T: _ = P.A. Civil En ' s Land Surveyors _ anners -'i GRADY MINOR, P.E. RK W. MINOR, P.E. SEAN SMITH, P.E. DAVID W. SCHMl'IT, P.E. MICHAEL J. DELATE, P.E. IN COLLIER COUNTY, A PORTION OF: PIN: 0000000287560004 STRAP': 492618 034.0004BIS Gil D. WAYNE ARNOLD, A.I.C.P. ROBERT W. THINNES, A.I.C.P. ERIC V. SANDOVAL, PS.M THOMAS CHERNESKY, P.S.M. ALAN V. ROSEMAN PROJECT `y25 PARCEL F 0 L IO _/Y)M'1S(,njy LEGAL DESCRIPTION PERPETUAL, NON - EXCLUSIVE SLOPE EASEMENT WHIPPOORWILL LANE (SKETCH B- 1807 -A) THE WEST 10 FEET OF THE EAST 50 FEET OF THE EAST HALF (1/2) OF THE EAST HALF (1/2) OF THE NORTHEAST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; LESS THE SOUTH 60 FEET PER OFFICIAL RECORDS BOOK 1559, PAGE 14 AND LESS THE NORTH 150' FOR THE PINE RIDGE ROAD RIGHT -OF -WAY, AND LESS THAT PORTION OF THE EAST 40 FEET AS DESCRIBED IN THAT CERTAIN ORDER OF TAKING PER OFFICIAL RECORD BOOK 2660 AT PAGES 3375 THROUGH 3383, CONTAINING 10,343 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. SIGNED -/-o Z0*0'_' P.S.M. #5426 TOM CHERNESKY STATE OF FLORIDA F:SUAVEY \WW.LLS A N A ITEM No. NOV 14 2000 Pg. I ". p._ (941) 947 -1144 FAX(941)947-0375 E -Mail. engineering®gradyminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 C_ ..ADY MINOR & ASSOC* 4.T , P.A. Civil Engineers ■ Land Surveyors - . ianners Q. GRADY MINOR, P.E. MARK W. MINOR, P.E. C. DEAN SMITH, P.E. DAVID W. SCHMITT, P.E. MICHAEL J. DELATE, P.E. Ix COLLIER COUNTY, A PORTION OF: FIN:0000000287000001 STRAP: 492628 02.2.0004B18 Perpetual, Non - Exclusive Road Right -of -Way, Drainage, Utility and Maint. Easement LEGAL DESCRIPTION WHIPPOORWILL LANE (SKETCH B -1807) 11-3 D. WAYNE ARNOLD, A.I.C.P. ROBERT W. THINNES, A.I.C.P., ERIC V. SANDOVAL, PSAL'. THOMAS CHERNESKY, PS hL ALAN V. ROSEMAN PROJECT PARCEL =� FOLIO (LaStl o(x)oo I THE WEST 40 FEET OF THE SOUTHWEST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 52,816 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. SIGNED '3- //44tv P.S.M. #5426 TOM CHERNESKY STATE OF FLORIDA F; S'MVEY \WW . = AG IT M No. NOV 14 2000 P9• = J (941) 947 -1144 IN FAX (941) 947 -0375 ■ E -Mail: QGMA ®aoI.com 3800 Via Del Rey ■ Bonita Springs, Florida 34134 r G .DY MINOR & ASSOCT ' T P.A. Civil Engineers Land Surveyors _ - anners ',RADY MINOR, RE ,RK W. MINOR, P.E. C. DEAN SMrM P.E. DAVID W. SCHIv ITT, RE MICHAEL J. DELATE, P.E. li COLLIER COUNTY, A PORTION OF: PIN: 0000000287280009 STRAP: 492618 028.0004B18 w • D. WAYNE ARNOLD, A.I.C.P. ROBERT W. THINNES, A.I.C.P. ERIC V. SANDOVAL, PS.1vL THOMAS CHERNESKY, F.S.M. . ALAN V. ROSEMAN PROJECT PARCEL. FOLIO LEGAL DESCRIPTION PERPETUAL, NON- EXCLUSIVE SLOPE EASEMENT WHIPPOORWILL LANE (SKETCH B- 1807 -A) THE EAST 10 FEET OF THE WEST 50 FEET OF THE SOUTH HALF (1/2) OF THE NORTHWEST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 6,600 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. S I GNED P.S.M. #5426 TOM CHERNESKY STATE OF FLORIDA -- No. A"* M NOV 14 2000 T- _=VEY %WW.LLS Pg. (941) 947 -1144 FAX(941)947-0375 E -Mail: engineering*gradyminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 G..ADY MINOR & ASSOC P.A. Civil Engineers a Land Surveyors a Planners Q. GRADY MINOR, P.E. MARK W. MINOR, P.E. C. DEAN SMITH, P.E. DAVID W. SCHMITT, P.E. MICHAEL J. DELATE, P.E. IN- COLLIER COUNTY A PORTION OF: PIN - 0000000287120004 STRAP:. 492618 025.0004B18 Perpetual, Non - Exclusive Road Right -of -Way, Drainage, Utility and Maint. Easement LEGAL DESCRIPTION WHIPPOORWILL LANE (SKETCH B -1807) 114 D. WAYNE ARNOLD, A.I.C.P. ROBERT W. THINNES, A.I.C.P. , ERIC V. SANDOVAL. P.S.M. THOMAS CHERNESKY, PS.M. ALAN V. R0,qEMAN PROJECT PARCEL-- FOLIO WA 7 12 =4 THE WEST 40 FEET OF THE NORTHWEST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 26,408 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. SIGNED P.S.M. #5426 TOM CHERNESKY STATE OF FLORIDA F:SURVEY \WW.LIS A= I NOV 14 2000 (941) 947 -1144+ FAX (941) 947 -0375 • E -Mail: QGMA ®aol.com 3800 Via Del Rey ■ Bonita Springs, Florida 34134 C--ADY MINOR & ASSOC" ' T. , P.A. Civil Engineers Land Surveyors canners ,RADY MINOR, P.E. EX IL�6 n AK W. MINOR, P.E. Paga DEAN SMITH, P.E. DAVID W. SCHMIiT, P.E MICHAEL J. DEL.ATE, P.E. IN COLLIER COZINTY, A PORTION OF: PIN:0000.0002.8 ?000001 STRAP: 492618 022.0004BIS 613 D. WAYNE ARNOLD, A.I.C.P. ROBERT W. THINNES, A.I.C.P_ ERIC V. SANDOVAL. PS.M THOMAS CHERNESKY, PS.M. ALAN V. ROSEMAN PROJECT Ce M54 PARCEL (0 FOLIO�� Fc'irnrYY1 LEGAL DESCRIPTION PERPETUAL, NON - EXCLUSIVE SLOPE EASEMENT WHIPPOORWILL LANE (SKETCH B- 1807 -A) THE EAST 10 FEET OF THE WEST 50 FEET OF THE SOUTHWEST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 13,200 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. SIGNED l_0 P.S.M. #5426 TOM CHERNESKY STATE OF FLORIDA AD M No. NOV 14 2000 F:SVRVEY \ww. = (941) 947 -1144 FAX(941)947-0375 E-Mafl:engineering@gradyminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 C -ADY MINOR & ASSOC ' .T` �, P.A. Civil Engineers ■ Land Surveyors - elanners Q. CRADY MINOR, P.E. MARK W. MINOR, P.E. C. DEAN SMITH, P.E. DAVID W. SCHMTIT, P.E. MICHAEL J. DELATE, P.E. IN COLLIER: COUNTY, A PORTION—OF: PIN:0000.000286120005 STRAP: 492618 005.0004B18 Perpetual, Non - Exclusive Road Right -of -Way, Drainage, Utility and Maint. Easement LEGAL DESCRIPTION WHIPPOORWILL LANE (SKETCH B -1807) I!5 D. WAYNE ARNOLD, A.I.C?. ROBERT W. THINNES, A.I.CP. ERIC V. SANDOVAL, PS.M THOMAS CHERNESKY, PS.M ALAN V. RO MAN PROJECT PARCEL . 11 FOLIO M2Z &Ia THE WEST 40 FEET OF THE NORTH HALF (1/2) OF THE SOUTH HALF (1/2) OF THE NORTHWEST QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 13,204 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. SIGNED 3 %yam P.S.M. #5426 TOM CHERNESKY STATE OF FLORIDA F : SURVEY\ WW . T.7_C AG D 1 No. NOV 14 2000 P9•_ �J2 (941) 947 -1144 ■ FAX (941) 947 -0375 ■ E -Mail: QGMA ®aol.com 3800 Via Del Rey ■ Bonita Springs, Florida 34134 -�. GRADY MINOR, P.E. ARK W. MINOR, P.E. DEAN SMITH, P.E. DAVID W. SCHMITf, P.E. MICHAEL J. DELATE, P.E. tDY MINOR & ASSOCT 1T. P.A. Civil Engineers Land Surveyors .anm -5 EXHIBIT _ pace 4xc - 1 IN COLLIER COUNTY, A PORTION 'OF:. PI14:000000028712.0004 STRAP: 492618 025.0004BIB Co A D. WAYNE ARNOLD, A.I.0 P. ROBERT W. THINNES, A.I.C.F_ ERIC V. SANDOVAL, P.S.M. THOMAS CHERNESKY, PS.M ALAN V. ROSEMAN PROJECT `` PARCEL- FOLIO ,. LEGAL DESCRIPTION PERPETUAL, NON - EXCLUSIVE SL4);PE EASEMENT WHIPPOORWILL LE (SKETCH B- 1807 -A) THE EAST 10 FEET OF THE WEST 50 FEET OF THE NCTY.Z'THWEST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4) OF THE SOUTAST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 6,600 SQUARE FEET, MC.RE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. SIGNED P.S.M. #5426 TOM CHERNESKY STATE OF FLORIDA AG ID I No. F : SURVrY`WW . rss NOV 14 2000 Pg. (941)947-1144 FAX(941)947-0375 E -Mail: engineering.@gradyminor.com 3800 Via Del Rey Bonita Springs, Florida 3!4134 C G+._ - -.DY MINOR & ASSOC' ' Ti ; P.A. Civil Engineers a Land Surveyors a , ianners Q. GRADY MINOR, P.E. MARK W. MINOR, RE C. DEAN SMITH, P.E. DAVID W. SCHMITT, P.F. MICHAEL J. DELATE. P.E. COLLm COUNTY, A: PORTION OF; PIN: 000000028:8040002 &TRAP: 492618: 046.0004318 i� r ma FI FEE SIMPLE INTEREST LEGAL DESCRIPTION WHIPPOORWILL LANE (SKETCH B -1807) It& D. WAYNE ARNOLD, A.I.CP. ROBERT W. THINNES, A.I.CP. ERIC V. SANDOVAL, PS.W THOMAS CHERNESKY, P.S.M. ALAN V. ROSWAN PROJECT —f,o rin�ir PARCEL __._ o FOLIO = :IFF� o4n THE WEST 40 FEET OF THE SOUTH HALF (1/2) OF THE SOUTH HALF (1/2) OF THE NORTHWEST QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 13,204 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. SIGNED P.S.M. #5426 TOM.CHERNESKY STATE OF FLORIDA F:SURVEY \WW.LLS (941) 947 -1144 m FAX (941) 947 -0375 a E -Mail: QGMA ®aol.com 3800 Via Del Rey ■ Bonita Springs, Florida 34134 AG D f M No. Nov 14 2000 i G..ADY MINOR & ASSOC- ,TL_, P.A. Civil Engineers Land Surveyors rlanners GRADY MINOR, P.E. MARK W. MINOR, P.E. C. DEAN SMITH, P.E. DAVID W. SCHMITT, P.E. MICHAEL J. DEL.ATE, P.E. IN COLLIER COMM, A PORTION OF: :- PIN:0000000286120005 STRAP:- 49261.8- 005.0004131S 615 D. WAYNE ARNOLD, A.I.C.P. ROBERT W. THINNES, A.I.r 0 ERIC V, SANDOVAL, PS.K THOMAS CHERNESKY, PSAL ALAN V. ROS,EMAN PROJECT -_&'! (_YJS_ PARCEL(` FOLIO LEGAL DESCRIPTION PERPETUAL, NON - EXCLUSIVE SLOPE EASEMENT WHIPPOORWILL LANE (SKETCH B- 1807 -A) THE EAST 10 FEET OF THE WEST 50 FEET OF NORTH HALF (1/2) OF THE SOUTH HALF (1/2) OF THE NORTHWEST QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 3,300 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. SIGNED P.S.M. #5426 TOM CHERNESKY STATE OF FLORIDA [AGE D ITE No NOV 14 2000 . (941) 947 -1144 FAX(941)947-0375 E-Mad:engineering@gradyminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 Q. GRADY MINOR, P.E. MARK W. MINOR, P.E. C. DEAN SMITH, P.E. DAVID W. SCHMITT, RE MICHAEL 1. DELATE, P.E. G- ADY MINOR & ASSOC '.T.._.f, P.A. Civil Engineers�• Land Spuurrveyors • ?tanners rs C��1�HIE 0 N COLLIER COIMM, `A PORTION OF: PIN:000.0000286160007 STRAP: 492618 006.0004B28 Perpetual, Non - Exclusive Road Right -of -Way, Drainage, Utility and Maint. Easement LEGAL DESCRIPTION WHIPPOORWILL LANE (SKETCH B -1807) • Ab H7 D. WAYNE ARNOLD, A.I.C.R ROBERT W. THINNES, A.I.C.R ERIC V. SANDOVAL, F.S.M. THOMAS CHERNESKY, P.S.M. ALAN V. ROSEMAN PROJECT te CAS PARCEL 1 l� FOLIO t,�QaW_p Its 0921 THE WEST 40 FEET OF THE NORTH HALF (1/2) OF THE SOUTHWEST QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 26,408 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. SIGNED .3 -OU YAZU06 , P.S.M. #5426 TOM CHERNESKY STATE OF FLORIDA AG XM- F: No. SMVEY NOV 14 2000 (941) 947 -1144 ■ FAX (941) 947 -0375 ■ E -Mail: QGMA ®aol.com 3800 Via Del Rey ■ Bonita Springs, Florida 34134 t:x%%ADY MINOR & ASSOC -.TL,3, P.A. Civil Engineers Land Surveyors Planners �`. GRADY MINOR, P.E. ARK W. MINOR, P.E. DEAN SMITH, P.E. DAVID W. SCHMITC, P.E. MICHAEL J. DELATE, P.E. IN COLLIER:'COUNTY, .A PORTION OF: FIK:OODOOA'02.88040.002. STRAP: 492618 046..0004H18 =1 D. WAYNE ARNOLD, A.I.C.P- ROBERT W. THINNES, A.I.C.P. ERIC V. SANDOVAL, P.S.IvL THOMAS CHERNESKY, PS.M ALAN V. ROSEMAN PROJECT bQ65L-1 PARCEL FOLIO-- nnasfo4QCS Y*o LEGAL DESCRIPTION PERPETUAL, NON - EXCLUSIVE SLOPE EASEMENT WHIPPOORWILL LANE (SKETCH B- 1807 -A) THE EAST 10 FEET OF THE WEST 50 FEET OF THE SOUTH HALF (1/2) OF THE SOUTH HALF (1/2) OF THE NORTHWEST QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 3,300 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. SIGNED 9 , P.S.M. #5426 .TOM "CHERNESKY STATE OF FLORIDA F:SVRVEY %WW.LLS NO.J IT M Nov 112111 �5 Pg. - � ( (941) 947 -1144 FAX(941)947-0375 E -Mail: engineering@gradyminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 Q. GRADY MINOR, P.E. MARK W. MINOR, P.E. C. DEAN SMITH, P.E. DAVID W. SCHMITT, P.E. MICHAEL J. DELATE, P.E. C -ADY MINOR & ASSOC- T. _-, P.A. Civil Engineers • Land Surveyors . lanners Exln_� . POW IN COLLIER COUIM, A ':PORTIONi OF LOT 3, '(PLAT BOOK 14, PAGES 44 -45) FEE SIMPLE INTEREST LEGAL DESCRIPTION _ WHIPPOORWILL LANE (SKETCH B -1807) Im D. WAYNE ARNOLD, A.I.C.P. ROBERT W. THINNES, A.I.C.P. ERIC V. SANDOVAL, P.S.M. THOMAS CHERNESKY, P.S.M. ALAN V. ROSEMAN PROJECT PARCEL I 1! l FOL 10 1A z_,4S(12 4 I THE WEST 10 FEET OF LOT 1 AS SHOWN ON THE PLAT OF NAPLES PLAZA PLANNED UNIT DEVELOPMENT, AS RECORDED IN PLAT BOOK 14 AT PAGES 44 AND 45 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; CONTAINING 2,250 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. SIGNED P.S.M. #5426 TOM CHERNESKY STATE OF FLORIDA AGE ITEM F : SMVEY \ww . Lss No. NOV 14 2000 Pg. _ (941) 947 -1144 • FAX (941) 947 -0375 ■ E -Mail: QGMA ®aol.com 3800 Via Del Rey ■ Bonita Springs, Florida 34134 C. l_ ADY MINOR & ASSOC_'' '' I_;, P.A. Civil Engineers Land Surveyors ,Tanners --Q. GRADY MINOR, P.E. EX�� ARK W. MINOR, P.E. DEAN SMPfH, P.E. DAVID W. SCI -II UTf, P.E. MICHAEL J. DELATE, P.E. IN COLLIER COUNTY; A PORTION OF FIN:0000000.286.160007 STRAP :.492618 006.0004H18 17 D. WAYNE ARNOLD, A.I.C.P ROBERT W. THINNES, A.I.Cy ERIC V. SANDOVAL„ PSAL THOMAS CHERNESKY, PS.AL ALAN V. ROSEMAN PROJECT %O54 PARCEL AP ! rl FOL 10 M2& c 0001 LEGAL DESCRIPTION PERPETUAL, NON — EXCLUSIVE SLOPE EASEMENT WHIPPOORWILL LANE (SKETCH E- 1807 -A) THE EAST 10 FEET OF THE WEST 50 FEET OF THE NORTH HALF (1/2) OF THE SOUTHWEST QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 6,600 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. SIGNED �_/—n P.S.M. #5426 TOM CHERNESKY k STATE OF FLORIDA F : SURVEY\ Ww . U S A N TEM No. NOV 14 2000 Pg. (941) 947 -1144 FAX(941)947-0375 E -Mail: engineering®gradyminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 ?� Gam_ -iDY MINOR & ASSOC- J'L P.A. l Z a Civil Engineers ■ Land Surveyors ■ fanners Q. GRADY MINOR, P.E. MARK W. MINOR, P.E. C. DEAN SMITH, P.E. DAVID W. SCHMPIT, P.E. MICHAEL J. DELATE, P.E. IN COLLIER` cou'NTY, A PORTION OF TRACT "A" ('PLAT BOOK 14, PAGES 44 -45) FEE SIMPLE INTEREST LEGAL DESCRIPTION WHIPPOORWILL LANE (SKETCH B -1807) D. WAYNE ARNOLD, A.I.C.P� ROBERT W. THINNES, A.I.C.P.., ERIC V. SANDOVAL„ P.S.M. THOMAS CHERNE <Y, PS.M ALAN V. ROSEMAN PROJECT ra()0SU PARCEL _ FOL, I0 4 ay) 4 jf 7 THE WEST 10 FEET OF TRACT "A" AS SHOWN ON THE PLAT OF NAPLES PLAZA PLANNED UNIT DEVELOPMENT, AS RECORDED IN PLAT BOOK 14 AT PAGES 44 AND 45 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; CONTAINING 500 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. SIGNED 3 * � P.S.M. #5426 TOM CHERNESKY STATE OF FLORIDA F:SMVEcWN.LLS A N A M No. NOV 14 2uw • H• 1 (941) 947 -1144 • FAX (941) 947 -0375 ■ E -Mail: QGMA ®aol.com 3800 Via Del Rey a Bonita Springs, Florida 34134 RADY MINOR, P.E. .,RK W. MINOR, P.E. C. DEAN SMITH, P.E. DAVID W. SCHMM, P.E. MICHAEL J. DELATE, P.E. G, ADY MINOR & ASSOC P.A. Civil Engineers Land Surveyors r'lanners EXHIBIT __ T_c_1:L_ IN COLLIER-COUNTY, A PORTION OF: LOT 1,: 14, PAGES`' 44-45) CD D. WAYNE ARNOLD, A.I.C.P. ROBERT W. THINNES, A.I.C.P. ERIC V. SANDOVAL, P.S.M. THOMAS CHERNFSKY, P.S.M. ALAN V. ROSEMAN PROJECT (r PARCEL _60 Pcj„_ FOL 10 LEGAL DESCRIPTION PERPETUAL, NON-EXCLUSIVE- SLOPE-EASEMENT WHIPPOORWILL LANE (SKETCH B- 1807 -A) THE EAST 10 FEET OF THE WEST 20 FEET OF LOT 1 AS SHOWN ON THE PLAT OF NAPLES PLAZA PLANNED UNIT DEVELOPMENT, AS RECORDED IN PLAT BOOK 14 AT PAGES 44 AND 45 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; CONTAINING 2,250 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. S I GNED ` �l yA , P.S.M. #5426 TOM CHERNESKY STATE OF FLORIDA F:smVEY \ww.Las A G NDA-ITEM No.,,t.�2-- NOV 14 (2000 Pg. V (941) 947 -1144 FAX(941)947-0375 E -Mail: engineering®gradyminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 Gi.ADY MINOR & ASSOC TL c, P.A. Civil Engineers ■ Land Surveyors • Planners Q. GRADY MINOR, P.E. MARK W. MINOR P.E. C. DEAN SMITH, P.E. DAVID W. SCHMM, P.E. MICHAEL J. DELATE, P.E IN coLLIER CQt3 my, A; PORTION OF TRACT "i" (PEAT BOOK 14, PAGES 44 -45} EXHIBUT FEE SIMPLE INTEREST LEGAL DESCRIPTION WHIPPOORWILL LANE (SKETCH B -1807) s 12t D. WAYNE ARNOLD, A.I.C.i. ROBERT W. THINNES, A.I.C.P. ERIC V. SANDOVAL PS.M THOMAS CHERNESKY, P.S.M ALAN V. ROSEMAN PROJECT (Y) PARCEL D.1 FOLIO T:3 )n 1 c w THE WEST 10 FEET OF TRACT "1" AS SHOWN ON THE PLAT OF NAPLES PLAZA PLANNED UNIT DEVELOPMENT, AS RECORDED IN PLAT BOOK 14 AT PAGES 44 AND 45 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; CONTAINING 2,352 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. SIGNED 2� P.S.M. #5426 TOM CHERNESKY STATE OF FLORIDA F: SURVEY \WW. LLS ND ITEM No. A NOV 14 2000 Pg _ l3 (941) 947 -1144 ■ FAX (941) 947 -0375 ■ E -Mail: QGMA ®aoi.com 3800 Via Del Rey ■ Bonita Springs, Florida 34134 Q. GRADY MINOR, P.E. _' RK W. MINOR, P.E. FAN SMITH, P.E. _.,VID W. SCHMITT, P.E. MICHAEL J. DELATE, P.E. G�, ADY MINOR & ASSOC- TL.., P.A. Civil Engineers Land Surveyors rianners EXHIBIT paw IN COLLIER COUNTY, A PORTION , OF:: TRACT "'A "' ( PLAT BOOK 14, PAGES 44-45). (2o D. WAYNE ARNOLD, A.I.Cp. ROBERT W. THINNFS, AI.CP. ERIC V. SANDOVAI, p.S.M, THOMAS Ci3ERNESKY, PS.NL ALAN V. ROSEMAN PROJECT PARCEL .i FOLIO LEGAL DESCRIPTION PERPETUAL, NON— EXGLG&IVE SLOPE EABT MENT WHIPPOORWILL LANE (SKETCH B- 1807 -A) THE EAST 10 FEET OF THE WEST 20 FEET OF Ti3x'= "A'" AS SHOWN ON THE PLAT OF NAPLES PLAZA PLANNED UNIT DEVELOPMENT, AS RECORDED IN PLAT BOOK 14 AT PAGES 44 AND 45 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; CONTAINING 500 SQUARE FEET, MORE OR LESS'.., Q. GRADY MINOR & ASSOCIATES, P.A. SIGNED P.S.M. #5426 TOM CHERNESKY STATE OF FLORIDA F:SURVEY \WW.ISS AG DA fTEM No. NOV 14 2000 Pg. (941) 947 -1144 FAX(941)947-0375 E -Mail: engineerinogradyminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 G_ .t.DY MINOR & ASSOCJ * 71 P.A. Civil Engineers Land Surveyors ...uulers ADY MINOR, P.E. s.._ ...1C W. MINOR P.E. C DEAN SMITH, P.E. DAVID W. SCI MI T, P.E. MICHAEL. J. DELATE. P.E. IN COLLIER COUNTY, A:PORTION OF. TRACT,.91" (PLAT EOOR 14, PAGES `44-45) 621 D. WAYNE ARNOLD, A.I.CP. ROBERT W. THINNES, A.I.CP. ERIC V. SANDOVAL, PS.M THOMAS CHERNESKY, P.S.M. ALAN V. ROSEMAN PROJECT W5 PARCEL FOLIO LEGAL DESCRIPTION - PERPETUAL, - NON- EXCLUjIVF ,$LC E EASEMENT WEI PO ILA,, LANE (SKETCH B- 1807 -A) THE EAST 10 FEET OF THE WEST 20 FEET OF TRACT "1" AS SHOWN ON THE PLAT OF NAPLES PLAZA PLANNED UNIT DEVELOPMENT, AS RECORDED IN PLAT BOOK 14 AT PAGES 44 AND 45 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; CONTAINING 2,352 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. SIGNED &'R P.S.M. #5426 TOM CHERNESKY STATE OF FLORIDA F : S=V£Y %WW • LLS AG No. . NOV 14 2000 Pg. (941) 947 -1144 FAX(941)947-0375 E -Mail: engineering@gradyminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 1 2 RESOLUTION NO. 2000 - 3 4 5 A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY GIFT OR 6 PURCHASE OF FEE SIMPLE TITLE INTERESTS AND /OR PERPETUAL, NON - 7 EXCLUSIVE ROAD RIGHT -OF -WAY, SIDEWALK, UTILITY, DRAINAGE, SLOPE 8 AND MAINTENANCE INTERESTS BY EASEMENT FOR THE CONSTRUCTION OF 9 ROADWAY IMPROVEMENTS FOR WHIPPOORWILL LANE PROJECT BETWEEN to PINE RIDGE ROAD TO A POINT ONE MILE SOUTH, BEING THE INTERSECTION OF I l THE FUTURE EAST/WEST CONNECTOR ROAD CONNECTING TO LIVINGSTON 12 ROAD (PHASE 1). 13 14 15 WHEREAS, on January 11, 2000, Item 8(a)(3), the Board of County Commissioners (Board), 16 approved a proposal to prepare regulations to insure that properties in North Naples (Sections 18 and 17 19, Township 49 South, Range 26 East) be developed in a coordinated manner with regard to public l8 roads, storm drainage, water and sewer utilities; and 19 WHEREAS, preliminary staff analysis indicates that an additional five hundred (500) dwelling 20 units utilizing Whippoorwill Lane for access will cause significant operational difficulties at the future 21 signalized intersections with Pine Ridge Road; and 22 WHEREAS, Whippoorwill Lane is needed as a public road and this public road will provide a 23 valid public benefit; and 24 WHEREAS, on March 14, 2000, Item 12(b)(3) and 12(b)(4), the Board of County 25 Commissioners were petitioned by Developers within the Whippoorwill Lane area to approve the 26 required infrastructure for the construction of Whippoorwill Lane and staff was directed by the Board 27 of County Commissioners to pursue the inclusion of the Whippoorwill Lane Project into the Capital 28 Improvement Element of the Growth Management Plan, initiate the acquisition of the required land 29 interests, and to expedite the advancement of construction of Whippoorwill Lane; and 30 WHEREAS, alternate locations, environmental factors, long range planning, cost variables, 31 concurrence, safety and welfare considerations have been reviewed as they relate to the 32 implementation of said transportation improvements; and it has been recommended by County Staff 33 that it is necessary and in the best interest of Collier County, Florida, to maintain flexibility over the 34 acquisition of property rights required for the construction of the Whippoorwill Lane Project between 35 Pine Ridge Road to a point one mile south being the intersection of the future east/west connector road 36 connecting to Livingston Road (Phase 1), hereinafter referred to as "Project" as identified on Exhibit 37 "A" attached hereto and incorporated herein by reference; and -Page 1- AG dQ� I M No. J NOV 14 2000 Pg. 3 EXECUTIVE SUMMARY ADOPT A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY CONDEMNATION OF FEE SIMPLE TITLE INTERESTS AND /OR PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, SIDEWALK, UTILITY, DRAINAGE, SLOPE AND MAINTENANCE INTERESTS BY EASEMENT FOR THE CONSTRUCTION OF ROADWAY IMPROVEMENTS FOR THE WHIPPOORWILL LANE PROJECT BETWEEN PINE RIDGE ROAD TO A POINT ONE MILE SOUTH, BEING THE INTERSECTION OF THE FUTURE EAST/WEST CONNECTOR ROAD CONNECTING TO LIVINGSTON ROAD (PHASE 1). OBJECTIVE: To obtain authorization from the Board of County Commissioners (the "Board "), to acquire by condemnation all rights and interests in real property which are required for the construction and maintenance of transportation improvements and related facilities for Whippoorwill Lane Project between Pine Ridge Road to a point one mile south, being the intersection of the future east/west connector road connecting to Livingston Road (Phase I). CONSIDERATION: On January 11, 2000, Item 8(a)(3), the Board of County Commissioners (Board), approved to prepare regulations to insure that properties in North Naples (Sections 18 and 19, Township 49 South, Range 26 East) be developed in a coordinated manner with regard to public roads, storm drainage, water and sewer utilities. Preliminary staff analysis indicates that an additional five hundred (500) dwelling units utilizing Whippoorwill Lane for access will cause significant operational difficulties at the future signalized intersections with Pine Ridge Road. Whippoorwill Lane is needed as a public road and this public road will provide a valid public benefit. On March 14, 2000, Item 12(b)(3) and 12(b)(4), the Board of County Commissioners were petitioned by Developers within the Whippoorwill Lane area to approve the required infrastructure for the construction of Whippoorwill Lane and staff was directed by the Board of County Commissioners to pursue the inclusion of the Whippoorwill Lane Project into the Capital Improvement Element of the Growth Management Plan, initiate the acquisition of the required land interests, and to expedite the advancement of construction of Whippoorwill Lane. Adoption of the attached Resolution shall provide the Board's directive and authorization to staff to acquire the necessary easements and/or fee simple title for the Whippoorwill Lane improvements from Pine Ridge Road to a point approximately one mile south, being the intersection of the future east /west connector road connecting to Livingston Road (Phase I), (hereinafter referred to as "Project "), with the notable exception of the proposed Whippoorwill Lane right -of -way which the developers of the Arlington Lakes PUD, the Whippoorwill Pines PUD, the Whippoorwill Lakes PUD, and the Whippoorwill Woods PUD have all agreed to donate to the County (Parcel Nos. 102 / 602, 103 / 603, 104 / 604, 105 / 605, 113 / 613, 114 / 614, 115/615 and 117/617). r AGENDA 1 No. 110 NOV 2000 P9• J Based upon and evaluation and review of alternative locations, environmental factors, cost variables, drainage considerations and safety and welfare considerations as they relate to the construction of the Project, the Board finds that the most feasible location for the additional road right -of -way for the construction of the Project is more particularly described in Exhibit "A" of the attached Resolution. This Resolution supercedes Resolution 2000 -113 approved by the Board of County Commissioners on May 23, 2000, Item 8(b)(3). FISCAL IMPACT: Total estimated costs for all right -of -way acquisition, under the assumption that all required parcels which are not donated through the PUD developer commitment mechanism must be acquired through CONDEMNATION, are $978,400. This figure includes all land and improvements, appraisal fees, title policies, staff overhead and miscellaneous expenses associated with the acquisition of the necessary right -of -way, including attorney fees and expert witness costs incurred by the property owner which the condemning authority is required to pay under the provisions of Chapter 73, Florida Statutes. However, only an additional $337,400 is needed as $641,000 was allocated for Gift and Purchase. All expenses will be funded from District 2 Road Impact Fee funds (Fund 331). GROWTH MANAGEMENT IMPACT: The recommendation is consistent with the County's long range planning effort. RECOMMENDATION: That the Board of County Commissioners: (1) Having reviewed alternative locations, environmental factors, cost variables, safety and welfare considerations as they relate to the Project, find that the most feasible location for the Project is more particularly described in Exhibit "A" of the attached Resolution; (2) Adopt the attached Resolution authorizing the acquisition by condemnation the fee simple interests and /or perpetual, non - exclusive road right -of -way, sidewalk, utility, drainage, slope and maintenance interests by easement required to complete the Whippoorwill Lane Project between Pine Ridge Road to a point one mile south, being the intersection of the future east /west connector road connecting to Livingston Road (Phase I); and (3) Authorize the Chairman to execute the attached Resolution; and. (4) Approve any and all budget SUBMITTED BY, DATE • h - 2 - 00 Kevin lien- drWks, Right -of- ay D gn and Valuation Coordinator Real Prove 4y Management partment REVIEWED BY: DATE: I I /31-Z 0 0 itch Riley, P.E., nterim- erector APPROVED BY: eering and Construction Management Department Noroan E. Feder, AICP Administrator DATE: ITEM No. �4_ NOV 14 2OW 1 2 3 4 RESOLUTION NO. 2000 6 7 A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY CONDEMNATION OF 8 FEE SIMPLE TITLE INTERESTS AND /OR PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF- 9 WAY, SIDEWALK, UTILITY, DRAINAGE, SLOPE AND MAINTENANCE INTERESTS BY 10 EASEMENT FOR THE CONSTRUCTION OF ROADWAY IMPROVEMENTS FOR THE I1 WHIPPOORWILL LANE PROJECT BETWEEN PINE RIDGE ROAD TO A POINT ONE MILE 12 SOUTH, BEING THE INTERSECTION OF THE FUTURE EAST/WEST CONNECTOR ROAD 13 CONNECTING TO LIVINGSTON ROAD (PHASE I). 14 15 WHEREAS, on January 11, 2000, Item 8(a)(3), the Board of County Commissioners approved a proposal to 16 prepare regulations to insure that properties in North Naples (Sections 18 and 19, Township 49 South, Range 26 East) 17 be developed in a coordinated manner with regard to public roads, storm drainage, water and sewer utilities; and 18 WHEREAS, preliminary staff analysis indicates that an additional five hundred (500) dwelling units utilizing 19 Whippoorwill Lane for access will cause significant operational difficulties at the future signalized intersection with 20 Pine Ridge Road; and 21 WHEREAS, Whippoorwill Lane is necessary as a public road and this public road will provide a valid public 22 benefit; and 23 WHEREAS, on March 14, 2000, Item 12(b)(3) and 12(b)(4), the Board of County Commissioners were 24 petitioned by Developers within the Whippoorwill Lane area to approve the required infrastructure for the 25 construction of Whippoorwill Lane and staff was directed by the Board of County Commissioners to pursue the 26 inclusion of the Whippoorwill Lane Project into the Capital Improvement Element of the Growth Management Plan, 27 initiate the acquisition of the required land interests, and to expedite the advancement of construction of Whippoorwill 28 Lane; and 29 WHEREAS, the location for construction of the proposed improvements has been fixed by survey and is 30 collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein; and 31 WHEREAS, after consideration of the availability of altemate routes and locations, the comparative costs of 32 project altemadves, vanous impacts upon the environment, long range planning options, and public safety 33 considerations, the Board desires to exercise its right to condemn property for public purposes. 34 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF 35 COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the construction of the Whippoorwill 36 Lane Project between Pine Ridge Road to a point one mile South, being the intersection of the future cast/west 37 connector road connecting to Livingston Road (Phase I), (hereinafter referred.to as "the Project") is necessary and in 38 the public's best interest in order to protect the health, safety and welfare of the citizens of Collier County. 39 AND IT IS FURTHER RESOLVED that construction of the Project is consistent with the County's long range 40 planning effort. 41 AND IT IS FURTHER RESOLVED that the County Staff has reviewed alternative locations for the project, 42 various impacts to the environmental, public safety and welfare considerations asso ated wit crh ah M No 1 43 construction of the project, drainage considerations and the costs associated with th design, property rig is NOV 14 2000 Page 1 44 acquisition, and construction of the project; and the Board finds that after consideration of these issues, the most 45 feasible location for construction of the proposed improvements is collectively represented by the legal descriptions 46 comprising Exhibit "A" attached hereto and incorporated herein. 47 AND IT IS FURTHER RESOLVED that in order to construct the project as designed, it is necessary for the 48 Board to acquire the various real property interests described in Exhibit "A" to wit: fee simple interests and/or 49 perpetual, non - exclusive road right -of -way, sidewalk, utility, drainage, slope and maintenance interests by easements 50 AND IT IS FURTHER RESOLVED that all property shall be put to public purposes. 51 AND IT IS FURTHER RESOLVED that the County staff is hereby authorized to immediately acquire by 52 condemnation in accordance with the provisions of Chapters 73, 74 and 127, Florida Statutes, the above - referenced 53 real property interests more particularly described in Exhibit "A ", attached hereto and incorporated herein. 54 AND IT IS FURTHER RESOLVED that no mobile homes are located on. the property sought to be acquired 55 and therefore it will not be necessary to remove any mobile homes from the property to be acquired. 56 AND IT IS FURTHER RESOLVED that this Resolution supercedes Resolution 2000 -166 approved by the 57 Board of County Commissioners on May 23, 2000, Item 8(b)(3). 58 This Resolution adopted on this day of 2000, after motion, second and majority 59 vote. 60 61 62 BOARD OF COUNTY COMMISSIONERS 63 OF COLLIER COUNTY, FLORIDA 64 ATTEST: 65 DWIGHT E. BROCK, CLERK By: 66 James Carder, Ph—.9. CHAIRMAN 67 68 69 70 71 72 73 74 75 Approved as to form and 76 legal sufficiency: 77 78 79 80 Heidi F. Ashton 81 Assistant County Attorney NoA Nr M NOV 14 2= Pg. ` -! Page 2 Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers ■ Land Surveyors ■ Planners Q. GRADY MINOR, P.E. MARK W. MINOR, P.E. C. DEAN SMITH, P.E. DAVID W. SCHMITI', P.E. MICHAEL J. DELATE, P.E. IN COLLIER COUNTY, A PORTION OF: PIN: 000000.0286800008 STRAP: 492618 017.00041318 Perpetual, Non - Exclusive Road Right -of -Way, Drainage, Utility and Maint. Easement 102- D. WAYNE ARNOLD, A.I.C.? ROBERT W. THINNES, A.I. ERIC V. SANDOVAL, P.S."' THOMAS CHERNF ",KY, P.s.M ALAN V..;OSEMAN PROJECT 06054 PARCEL =lo FOL I0 n ath. &o(�Q R LEGAL DESCRIPTION WHIPPOORWILL LANE (SKETCH B -1807) THE EAST 40 FEET OF THE NORTH HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 26,408 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. SIGNED 3�!T Y��e� , P.S.M. 45426 TOM CHERNESKY STATE OF FLORIDA F : StJRVEY \ MIN . LLS (941) 947 -1144 ■ FAX (941) 947 -0375 s E -Mail: QGMA ®aol.com 3800 Via Del Rey • Bonita Springs, Florida 34134 AGED/j1 !j- No.v ! NOV 14 2000 Pg. �. GRADY MINOR, P.E. ]ARK W. MINOR, P.E. C. DEAN SMITH, P.E. DAVID W. 5::HMM, P.E. MICHAEL J. JELATE. P.E. -1k Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers e ..ggLand Surveyors Planners �II IN COLLIER COUNTY, A PORTION OF: PIN: 0000000286800008 STRAP: 492618 017,0004BIS D. WAYNE ARNOLD, A.I.C.P. ROBERT W. THINNES, A.I.C.P. ERIC V. SANDOVAL, P.S.M. THOMAS Ci-iERNESKY, P.S.M. ALAN V. ROSEMAN PROJECT ---(-e,CXL54 PARCEL ......( ._,� FOL IO _CY-, I Z�'; LEGAL DESCRIPTION PERPETUAL, NON - EXCLUSIVE SLOPE EASEMENT WHIPPOORWILL LANE (SKETCH B- 1807 -A) THE WEST 10 FEET OF THE EAST 50 FEET OF THE NORTH HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 6,600 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. SIGNED < �( , P.S.M. #5426 TOM CHERNESKY STATE OF FLORIDA F : SURVEY \WW . LLS M No. AG Nov 14 2000 Q9. _1 (941) 947 -1144 FAX (941) 947 -0375 E -Mail: engineeringftradyminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 Q. GRADY MINOR & ASSOCIATES, P.A. Civil En ieers + Land Surveyors ■ Planners Q, GRADY MINOR, P.E. MARK W. MINOR, P.E. C. DEAN SMITH, P. E. DAVID W. SCHMITT, P•E• MICHAEL J. DELATE, P.E. EINCOLLIER COUNTY, N OF: 0000286960003 92618 021.0004B18 Perpetual, Non - Exclusive Road Right -of -Way, Drainage, Utility and Maint. Easement r �, i ` , z� I IL LEGAL DESCRIPTION WHIPPOORWILL LANE (SKETCH B -1807) Ic D. WAYNE ARNOLD, A.I.C.p ROBERT W THINNES, A.I.0 ERIC V. SANDOVAL, PS1. THOMAS CHERNESKY, P.S.M. ALAN V. ROSEMAN THE EAST 40 FEET OF THE EAST HALF (1 /2) OF THE SOUTHEAST QUARTER (1/4) OF THE TOWNSHIP NORTHEST SOUTH,(1RANGE F26 EAST COLLIER QUARTER OUNTY, SECTION 18, FLORIDA; CONTAINING 26,408 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. SIGNED P.S.M. #5426 TOM CHERNESKY STATE OF FLORIDA F: SURVEY \WW.LLS Al, D ITEM No. NOV 14 2000 Pg. (941) 947 -1144 ■ FAX (941) 947 -0375 ■ E -Mail: QGMA ®aol.com 3800 Via Del Rey • Bonita Springs, Florida 34134 Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers Land Surveyors Planners \I GRADY MINOR, P.E. HARK W. MINOR, P.E. 'C. DEAN SMITH, RE. DAVID W, SCHMITT, P.E. MICHAEL J. DELATE, P.E. IN COLLIER CCUNTY, A PORTION OF: PIN: 0000000286960003 STRAP: 492618 021.0004H18 6c D. WAYNE ARNOLD, A.I.C.P. ROBERT W. THINNES, A.I.C.P. ERIC V. SANDOVAL, P.S.M. THOMAS CHEiNESKY, P.S.M. ALAN V. ROSEMAN PROJECT a PARCEL <rY) FOL IQ _0b -0 IkCic d wp LEGAL DESCRIPTION PERPETUAL,'NON- EXCLUSIVE SLOPE EASEMENT WHIPPOORWILL LANE (SKETCH B- 1807 -A) THE WEST 10 FEET OF THE EAST 50 FEET OF THE SOUTHEAST QUARTER (1/4) OF THE NORTHEAST SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 49 COLLIER COUNTY, FLORIDA; CONTAINING 6,600 LESS. Q. GRADY MINOR & ASSOCIATES, P.A. SIGNED ( /JR 7"444 P.S.M. #5426 TOM CHERNESKY STATE OF FLORIDA r: SURVEY \ WW. LLS EAST HALF (1/2) OF THE QUARTER (1/4) OF THE SOUTH, RANGE 26 EAST, SQUARE FEET, MORE OR Q ml,A NOV 14 2900 P9• _ a (941) 947 -1144 FAX(941)947-0375 E -Mail: engineering@gradyminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers ■ Land Surveyors ■Planners Q. GRADY MINOR, P.E. MARK W. MINOR, P.E. C. DEAN SMITH, P.E. DAVID W. SCHMITI', P.E. MICHAEL. J. DELATE, P.E. IN COLLIER COUNTY, A PORTION OF: PIN: 0000000286760009 STRAP: 492618 016.00041318 Perpetual, Non - Exclusive Road Right -of -Way, Drainage, Utility and Maint. Easement lob D. WAYNE ARNOLD, A.I.C' Y ROBERT W. THINNES, A.I.C• ERIC V. SANDOVAL P.S.M. THOMAS CHERNESKY, P.S.M. ALAN V. ROSEMAN PROJECT • 00 PARCEL . LEGAL DESCRIPTION WHIPPOORWILL LANE (SKETCH B -1807) THE EAST 40 FEET OF THE NORTH HALF (1/2) OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 26,408 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. SIGNED 3 -1 -Di3 P.S.M. #5426 TOM CHERNESKY STATE OF FLORIDA F:SURVEY \WW.LLS (941) 947 -1144 ■ FAX (941) 947 -0375 • E- IVlail: QGMA ®aol.com 3800 Via Del Rey ■ Bonita Springs, Florida 34134 AG M No. ILP NOV 14 1000 ,r Pg. , Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers Land Surveyors Planners �. GRADY MINOR, P.E. [ARK W. MINOR, P.E. C. DEAN SMITH, P.E. DAVID W. SCHMITT, P.E. MICHAEL J. DELATE, P.E. IN COLLIER COUNTY, A PORTION OF: PIN: 0000000286.760009 STRAP: 492618 016.0004BI8 D. WAYNE ARNOLD, A.I.C.P. ROBERT W. THINNES, A.I.C.P. ERIC V. SANDOVAL, P.S.M. THOMAS CHERNESKY, P.S.M. ALAN V. ROSEMAN PROJECT _ PARCEL FOLIO �n1T�(e�7t,Cx �j LEGAL DESCRIPTION PERPETUAL, NON - EXCLUSIVE SLOPE EASEMENT WHIPPOORWILL LANE (SKETCH B- 1807 -A) THE WEST 10 FEET OF THE EAST 50 FEET OF THE NORTH HALF (1/2) OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 6,600 SQUARE FEET, MORE OR LESS.. Q. GRADY MINOR & ASSOCIATES, P.A. SIGNED `_Ivt44V 7�"" 14 1 P.S.M. #5426 TOM CHERNESKY STATE OF FLORIDA F:SVRVEY\ WW. LLS No. G i� NOV 14 2000 (941) 947 -1144 FAX(941)947-0375 E -Mail: engineering@gradyminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers ■ Land Surveyors ■ Planners Q. GRADY MINOR, P.E. MARK W. MINOR, P.E. C. DEAN SMITH, P.E. DAVID W. SCHMITT, P.E. MICHAEL J. DELATE, P. E. IN COLLIER COUNTY, A PORTION OF: PIN: 0000000286480004 STRAP: 492618 012.0004B18 Perpetual, Non - Exclusive Road Right -of -Way, Drainage, Utility and Maint. Easement ��i i,•t�`� 1 LEGAL DESCRIPTION WHIPPOORWILL LANE (SKETCH B -1807) W D. WAYNE ARNOLD, A.I.C,r ROBERT W. THINNES, A.I.G ERIC V. SANDOVAL, P.S.M. THOMAS CHERNESKY, P.S.M. ALAN V. ROSEMAN PROJECT LE0Q PARCEL 1D FOLIO nn 2F<4,4 LL 4 THE EAST 40 FEET OF THE SOUTH HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 26,408 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. SIGNED P.S.M. #5426 TOM CHERNESKY STATE OF FLORIDA r: SURVEY\ WW . LLS (941) 947 -1144 ■ FAX (941) 947 -0375 ■ E -Mail: QGMA ®aol.com 3800 Via Del Rey ■ Bonita Springs, Florida 34134 AG1= D No. I NOV 14 2000 Pg Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers Land Surveyors Planners Q. GRADY MINOR, P.E. .MARK W. MINOR, P.E. 'C. DEAN SMITH, P.E. DAVID W. SCHMrTT, P.E. MICHAEL J. DELATE, P.E. IN COLLIER COUNTY, A PORTION OF: PIN: 0000000286480004 STRAP: 492618 012.0004B18 (c. D. WAYNE ARNOLD, A.I.C.P. ROBERT W. THINNES, A.I.C.P. ERIC V. SANDOVAL. P.S.M. THC")MAS CHERNESKy, P.S.M. ALAN V. ROSEMAN PROJECT (ool;" PARCEL _ln FOLIO LEGAL DESCRIPTION PERPETUAL. NON - EXCLUSIVE SLOPE EASEMENT WHIPPOORWILL LANE (SKETCH B- 1807 -A) THE WEST 10 FEET OF THE EAST 50 FEET OF THE SOUTH HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 6,600 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. SIGNED `l ~Z P.S.M. #5426 TOM CHERNESKY STATE OF FLORIDA F:SURVEY \WW.LLS AGaI. No. IT NOV 14 2000 Pg. ! (941) 947 -1144 FAX(941)947-0375 E -Mail: engineering®gradyminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 Q. GRADY MINOR & ASSOCIA ITS, P.A. Civil Engineers ■ Land Surveyors ■ Planners Q. GRADY MINOR, P.E. MARK W. MINOR, P.E. C. DEAN SMITH, P.E. DAVID W. SCHMn7, P.E. MICHAEL J. DELATE, P.E. IN COLLIER COUNTY, A PORTION OF: PIN: 0000000288160102 STRAP: 492618 051.0004B18 'Will t FEE SIMPLE INTEREST LEGAL DESCRIPTION WHIPPOORWILL LANE (SKETCH B -1807) log D. WAYNE ARNOLD, A.I.C.P ROBERT W. THINNES, A.i.Ci ERIC V. SANDOVAL, P,S.M. THOMAS CHEIZN'ESKY, P.S.M. ALAN V. ROSEMAN PROJECT �. PARCEL �to FOLIO _n2aRF< (W [�v THE EAST 40 FEET OF THE SOUTH HALF (1/2) OF THE SOUTH HALF (1/2) OF THE NORTH HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST; LESS THAT PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 2286 AT PAGES 624 -626 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; CONTAINING 2,400 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. SIGNED P.S.M. #5426 TOM CHERNESKY STATE OF FLORIDA F: SortVEY \caw . LLS (941) 947 -1144 + FAX (941) 947 -0375 + E- Mail: QGMA ®aol.com 3800 Via Del Rey ■ Bonita Springs, Florida 34134 No_ J 1 NOV 14 2000 pg. - j2__ Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers Land Surveyors Planners ��. GRADY MINOR, P.E. PARK W. MINOR, P.E. G. DEAN SMITH, P.E. DAVID W. SCHMITT, P.E. MICHAEL J. DELATE, P.E. IN COLLIER COUNTY, A PORTION OF: PIN: 0000000288160102 STRAP: 492618 05.1.0004B18 LEGAL DESCRIPTION PERPETUAL, NON- EXCLUSIVE SLOP WHIPPOORWILL (SKETCH B- 1807 -A) E EASEMENT LANE 6O G D. WAYNE ARNOLD, A.I.C.P. ROBERT W. THINNES, A.I.C.P. ERIC V. SANDOVAL, P.S.M. THOMAS CHERNESKY, P.S.M. ALAN V. ROSEMAN PROJECT 005 PARCEL PARCEL L(lo FOLIO THE WEST 10 FEET OF THE EAST 50 FEET OF THE SOUTH HALF (1/2) OF THE SOUTH HALF (1/2) OF THE NORTH HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST; LESS THAT PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 2286 AT PAGES 624 -626 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; CONTAINING 600 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. SIGNED P.S.M. #5426 TOM CHERNESKY STATE OF FLORIDA F:SURVZY \WW.LLS No.�ITEM I NOV 14 2000 Pg. (941) 947 -1144 FAX(941)947-0375 E -Mail: engi.neering@gradyminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers ■ Land Surveyors ■ Planners Q. GRADY MINOR, P.E. MARK W. MINOR, P.E. C. DEAN SMITH, P.E. DAVID W. SCHMITT, P.E. MICHAEL J. DELATE, P.E. IN COLLIER COUNTY, A PORTION OF: PIN: 0000000286520003 STRAP: 492618 013.0004RI8 If _ 1 ,tt ic�;�� s w( T� FEE SIMPLE INTEREST LEGAL DESCRIPTION WHIPPOORWILL LANE (SKETCH B -1807) W, D. WAYNE ARNOLD, A.I.0 " ROBERT W. THINNES, A.I.Q ERIC V. SANDOVAL, THOMAS CHERNESKY, P.S.M. ALAN V. ROSEMAN PROJECT PARCEL I0rl FOLIO�,TCIoS�j THE EAST 40 FEET OF THAT PARCEL OF LAND LYING IN THE SOUTH HALF (1/2) OF THE SOUTH HALF (1/2) OF THE NORTH HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED IN OFFICIAL RECORDS BOOK 2286 AT PAGES 624- 626 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; CONTAINING 4,201 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. SIGNED 3 /�� , P.S.M. #5426 TOM CHERNESKY STATE OF FLORIDA F:SVRVEY \WW.LLS (941) 947 -1144 a FAX (941) 947 -0375 ■ E- Nlail: QGMA @aol.com 3800 Via Del Rey • Bonita Springs, Florida 34134 AGENDA IT M No. te NOV 14 2000 Pg. : 1 I -Q. GRADY MINOR, P.E. 4ARK W. MINOR, P.E. C. DEAN SMITH, P.E. DAVID W. SCHMITC, P.E. MICHAEL J. DELATE, P.E. Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers Land Surveyors Planners ExTrr f� IN COLLIER COUNTY, A PORTION OF: PIN: 00.00000286520003 STRAP: 492618 013.0004B18 65)o1 D. WAYNE ARNOLD, A.I.C.P. ROBERT W. THINNES, A.I.C.P. ERIC V. SANDOVAL, P.S.M. THOMAS CHERNESKY, P.S.M. ALAN V. ROSEMAN PROJECT c L PARCEL (60"7 FOE IO Kin �&S -� /,rn� LEGAL DESCRIPTION PERPETUAL, NON - EXCLUSIVE SLOPE EASEMENT WHIPPOORWILL LANE (SKETCH B- 1807 -A) THE WEST 10 FEET OF THE EAST 50 FEET OF THAT PARCEL OF LAND LYING IN THE SOUTH HALF (1/2) OF THE SOUTH HALF (1/2) OF THE NORTH HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4) _ OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED IN OFFICIAL RECORDS BOOK 2286 AT PAGES 624 -626 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; CONTAINING 1,050 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. SIGNED "< /-vv P.S.M. #5426 TOM CHERNESKY STATE OF FLORIDA F: STJRVEY\ WW . LLS AG "ND�p 1 M No. !7t NOV 14 2000 Pg. l _15 . - (941) 947 -1144 FAX(941)947-0375 E -Mail: engineering@gradyminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers ■ Land Surveyors ■ Planners Q. GRADY MINOR, P.E. MARK W. MINOR, P.E. C. DEAN SMITH, P.E. DAVID W. SCHMITT, P.E. MICHAEL J. DELATE, P.E. IN COLLIER COUNTY, A PORTION OF: PIN: 0000000286640006 STRAP: 492618 013.0034518 CC R T • FEE SIMPLE INTERST LEGAL DESCRIPTION WHIPPOORWILL LANE (SKETCH B -1807) D. WAYNE ARNOLD, A.I.C.7 " ROBERT W. THINNES, A.I.0 ERIC V. SANDOVAL, PS.I ,, THOMAS CHERNESKY, i S.M. ALAN V. ROSEMAN PROJECT & UO 4. PARCEL FOLIO 60C(o THE EAST 40 FEET OF THE NORTH HALF (1/2) OF THE SOUTH HALF (1/2) OF THE NORTH HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 6,602 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. SIGNED l 9ALA� , P.S.M. #5426 TOM CHERNESKY STATE OF FLORIDA F:SURVEY \WW.LLS (941) 947 -1144 ■ FAX (941) 947 -0375 ■ E -Mail: QGMA ®aol.com 3800 Via Del Rey ■ Bonita Springs, Florida 34134 AG M No. Nov 14 2000 -1 (j Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers Land Surveyors Planners �. GRADY MINOR, P.E. vIARK W. MINOR, P.E. C. DEAN SMITH, P.E. DAVID W. SCHIw=, P.E. MICHAEL J. DELATE, P.E. IN COLLIER COUNTY, A PORTION OF: PIN: 0000000286640006 STRAP: 492618 013.0034B18 Goy D. WAYNE ARNOLD, A.I.C.P. ROBERT W. THINNES, A.I.C.P. ERIC V. SANDOVAL, P.S.M. THOMAS CHERNESKY, P.S.M. ALAN V. ROSEMAN PROJECT (QsY1G Q- PARCEI. (00F< FOLIO _nr��CL�ncl!XYXo LEGAL DESCRIPTION PERPETUAL, NON- EXCLUSIVE SLOPE EASEMENT WHIPPOORWILL LANE (SKETCH B- 1807 -A) THE WEST 10 FEET OF THE EAST 50 FEET OF THE NORTH HALF (1/2) OF THE SOUTH HALF (1/2) OF THE NORTH HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 1,650 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. S I GNED P.S.M. #5426 TOM CHERNESKY STATE OF FLORIDA F:SURVEY \WW.LLS AWN [ M No. I NOV 14 2000 Pg. _ l-) (941) 947 -1144 FAX (441) 947 -0375 E -Mail: engineering@gradyminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers ■ Land Surveyors ■ Planners Q. GRADY MINOR, P.E. MARK W. MINOR, P.E. C. DEAN SMITH, P.E. DAVID W. SCHMITT, P.E. MICHAEL J. DELATE, P.E. IN COLLIER COUNTY, A PORTION OF: PIN:0000000286600004 STRAP: 492628 0I3.0024BIS IP...'c .,t i► FEE SIMPLE INTEREST LEGAL DESCRIPTION WHIPPOORWILL LANE (SKETCH B -1807) 109 D. WAYNE ARNOLD, A.I.C.P ROBERT W. THINNES, A.I.0 ERIC V. SANDOVAL, P.S.I. THOMAS CHERNESKY, P.S.M. ALAN V. ROSEMAN PROJECT DbS4- PARCEL 1oq FOLIO _0062?��- 70(0( r)c� THE EAST 40 FEET OF THE SOUTH HALF (1/2) OF THE NORTH HALF (1/2) OF THE NORTH HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 6,602 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. S I GNED 3 �7 , P.S.M. #5426 TOM CHERNESKY STATE OF FLORIDA F:SURVEY \WW.LLS (941) 947 -1144 ■ FAX (941) 947 -0375 a E -Mail: QGMA ®aol.com 3800 Via Del Rey ■ Bonita Springs, Florida 34134 AGED No. NOV 14 2000 P9 c 1� Q. GRADY MINOR & A:�SOCIATES, P.A. Civil Engineers Land Surveyors Planners �. GRADY MINOR, P.E. EX ©IBrr itARK W. MINOR, P.E. C. DEAN SMITH, P.E. DAVID W. SCHMITi, P.E. MICHAEL J. DELATE, P.E. IN COLLIER COUNTY, A PORTION OF: PIN:0000000286600004 STRAP: 492618 0I3.0024BI8 D. WAYNE ARNOLD, A.I.C.P. ROBERT W. THINNES, A.I.C.P. ERIC V. SANDOVAL, P.S.M. THOMAS CHERNESKY, P.S.M. ALAN V. ROSEMAN PROJECT (nnaSL_. PARCEL FOLIO LEGAL DESCRIPTION PERPETUAL, NON- EXCLUSIVE SLOPE EASEMENT WHIPPOORWILL LANE (SKETCH B- 1807 -A) THE WEST 10 FEET OF THE EAST 50 FEET OF THE SOUTH HALF (1/2) OF THE NORTH HALF (1/2) OF THE NORTH HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 1,650 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. SIGNED 9�r P.S.M. #5426 TOM CHERNESKY STATE OF FLORIDA F:SURVEY %WW.LLS AG D�� M No. NOV 14 2000 Pg. c (941) 947 -1144 FAX(941)947-0375 E -Mail: engineering@gradyminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers ■ Land Surveyors ■ Planners Q. GRADY MINOR, P.E. MARK W. MINOR, P.E. C. LEAN SMITH, P.E. DP. 'ID W. SCHMITT, P.E. MICHAEL J. DELATE, P.E. IN COLLIER COUNTY, A PORTION OF: PIN: 0000000286560005 STRAP: 492618 013.00141318 _,li 900 FEE SIMPLE INTEREST LEGAL DESCRIPTION WHIPPOORWILL LANE (SKETCH B -1807) I(o D. WAYNE ARNOLD, A.I.C3' ROBERT W. THINNES, A.I.C.1 ERIC V. SANDOVAL, p.S.M'. THOMAS CHERNESKY, P.S.M. ALAN V. ROSEMAN PROJECT c(,o W5 4_ PARCEL . ))(0 FOLIO M .M SIo om, THE EAST 40 FEET OF THE NORTH HALF (1/2) OF THE NORTH HALF (1/2) OF THE NORTH HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4) AND THE EAST 40 FEET OF THE SOUTH 60 FEET OF THE EAST HALF (1/2) OF THE NORTHEAST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4), ALL OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 9,002 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. S I GNED 3 ` //-eV �4 P.S.M. #5426 TOM CHERNESKY STATE OF FLORIDA F:SURVEY \WW.LLS (941) 947 -1144 a FAX (941) 947 -0375 ■ E -Mail: QGMA @aol.com 3800 Via Del Rey ■ Bonita Springs, Florida 34134 AG 1T No NOV 14 2000 ��. GRADY MINOR, P.E. BARK W. MINOR, P.E. C. DEAN SMITH, P.E. DAVID W. SCHMITT, P.E. MICHAEL J. DELATE, P.E. Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers Land Surveyors Planners iql IN COLLIER COUNTY, A PORTION OF: PIN: 0000000286560005 STRAP: 492618 013.0014B18 D. WAYNE ARNOLD, A.I.C.P. ROBERT W. THINNES, A.I.C.P. ERIC V. SANDOVAL, P.S.M. THOMAS CHERNESKY, P.S.M. ALAN V. ROSEMAN PROJECT (h(XLCL PARCEL Co 1n FOLIO LEGAL DESCRIPTION PERPETUAL, NON- EXCLUSIVE SLOPE EASEMENT WHIPPOORWILL LANE (SKETCH B- 1807 -A) THE WEST 10 FEET OF THE EAST 50 FEET OF THE NORTH HALF (1/2) OF THE NORTH HALF (1/2) OF THE NORTH HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4) AND THE WEST 10 FEET OF THE EAST 50 FEET OF THE SOUTH 60 FEET OF THE EAST HALF (1/2) OF THE NORTHEAST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4), ALL OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 2,250 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. SIGNED P.S.M. #5426 TOM CHERNESKY STATE OF FLORIDA F:SURVEY \WH.LLS AG Dq,i M No. D NOV 14 2000 Pg. L (941) 947 -1144 FAX (941) 947 -0375 E -Mail: engineering®gradyminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 Q. GRADY MI1:OR & ASSOCIATES, P.A. Civil Engineers ■ Land Surveyors ■ Planners Q. GRADY MINOR, P.E. MARK W. MINOR, P.E. C. DEAN SMITH, P.E. DAVID W. SCHMITT, P.E. MICHAEL]. DELATE, P.E. IN COLLIER COUNTY, A PORTION OF: PIN: 0000000287560004 STRAP: 492618 034.00041318 FEE SIMPLE INTEREST LEGAL DESCRIPTION WHIPPOORWILL LANE (SKETCH B -1807) D. WAYNE ARNOLD, A.I.C.P ROBERT W. THINNES, A.I.Cs _ ERIC V. SANDOVAL, P.S. THOMAS CHERNESKy, p.S.M. ALAN V. ROSEMAN PROJECT _LaLX2a41 PARCEL _; I I FOLIO 1 �'7 nrxxI THE EAST 40 FEET OF THE EAST HALF (1/2) OF THE EAST HALF (1/2) OF THE NORTHEAST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; LESS THE SOUTH 60 FEET PER OFFICIAL RECORDS BOOK 1559, PAGE 14 AND LESS THE NORTH 150' FOR THE PINE RIDGE ROAD RIGHT -OF- WAY, AND LESS THAT PORTION OF THE EAST 40 FEET AS DESCRIBED IN THAT CERTAIN ORDER OF TAKING PER OFFICIAL RECORD BOOK 2660 AT PAGES 3375 THROUGH 3383, CONTAINING 27,614 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. SIGNED y4i� —, P.S.M. #5426 TOM CHERNESKY STATE OF FLORIDA F:SURVEY \ww.LLS AG DA No. Nov 14 2000 Pg. O (941) 947 -1144 ■ FAX (941) 947 -0375 ■ E -Mail: engineering®gradyminor.com 3800 Via Del Rey ■ Bonita Springs, Florida 34134 Z. GRADY MINOR, P.E. MARK W. MINOR, P.E. C. DEAN SMITH, P.E. DAVID W. SCHMITT, P.E. MICHAEL J. DELATE, P.E. Q. GRADY MINOR & ASSOCIATES, P.A. Civil En Land Survevors Planners �Y IN COLLIER COUNTY, A PORTION OF: PIN: 0000000287560004 STRAP: 492618 034.0004B18 M D. WAYNE ARNOLD, A.I.C.P. ROBERT W. THINNES, A.I.C.P. ERIC V. SANDOVAL, P.S.M. THOMAS C-HERNESKY, P.S.M. ,-,LAN V. ROSEMAN PROJECT --4Ly PARCEL �) I FOL 10 LEGAL DESCRIPTION PERPETUAL, NON - EXCLUSIVE SLOPE EASEMENT WHIPPOORWILL LANE (SKETCH B- 1807 -A) THE WEST 10 FEET OF THE EAST 50 FEET OF THE EAST HALF (1/2) OF THE EAST HALF (1/2) OF THE NORTHEAST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; LESS THE SOUTH 60 FEET PER OFFICIAL RECORDS BOOK 1559, PAGE 14 AND LESS THE NORTH 150' FOR THE PINE RIDGE ROAD RIGHT -OF -WAY, ANT; LESS THAT PORTION OF THE EAST 40 FEET AS DESCRIBED IN THAT CERTAIN ORDER OF TAKING PER OFFICIAL RECORD BOOK 2660 AT PAGES 3375 THROUGH 3383, CONTAINING 10,343 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. SIGNED -/_0 A� , P.S.M. #5426 TOM CHERNESKY STATE OF FLORIDA -+ F:SURVEY \WW.LLS No. NOV 14 2000 P9. _._.a -3 (941) 947 -1144 FAX (941) 947 -0375 E -Mail: engineering@gradyminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 Q. GRADY MINOR & ASSOCIATEj, P.A. Civil Engineers ■ Land Surveyors ■ Planners Q. GRADY MINOR, P.E. MARK W. MINOR, P.E. C. DEAN SMITH, P E. DAVID W. SCHMITT, P.E. MICHAEL J. DELATE, P.E. IN COLLIER COUNTY, A PORTION OF: PIN: 0000000287280009 STRAP: 492618 028.0004B18 FEE SIMPLE INTEREST LEGAL DESCRIPTION WHIPPOORWILL LANE (SKETCH B -1807) (12 D. WAYNE ARNOLD, A.I.0 ROBERT W. THINNES, A.I.I ERIC V. SANDOVAL, FiN.. THOMAS CHERNESKY, P.S.M. ALAN V. ROSEMAN PROJECT le 00 S PARCEL )1 Z FOLIO _00afs722 YY)q THE WEST 40 FEET OF THE SOUTH HALF (1/2) OF THE NORTHWEST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 26,419 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. S IGNED 5 P.S.M. #5426 TOM CHERNESKY STATE OF FLORIDA F:SURVEY \WW.LLS (941) 947 -1144 ■ FAX (941) 947 -0375 ■ E -Mail: QGMA ®aol.com 3800 Via Del Rey ■ Bonita Springs, Florida 34134 AGE D IT M No. NOV 14 2000 Q. GRADY MINOR & ASSOCIATES, P.A. G l Z Civil Engineers Land Surveyors Planners GRADY MINOR, P.E. �� D. WAYNE ARNOLD, A.I.C.P. MARK W. MINOR, P.E. -� �y ROBERT W. THINNES, A.I.C.P. ,C. DEAN SMITH, P.E. page ��fii� ERIC V. SANDOVAL, P.S.M. DAVID W. SCHMITT, P.E. THOMAS CHERNESKY, PS.M. MICHAEL J. DEL.ATE, P.E. ALAN V. ROSEMAN IN COLLIER COUNTY, A PORTION OF: PIN: 0000000287280009 STRAP: 49261.8 028.00041318 PROJECT (,iM-c�,Ll PARCEL (n317 FOLIO LEGAL DESCRIPTION PERPETUAL, NON - EXCLUSIVE SLOPE EASEMENT WHIPPOORWILL LANE (SKETCH B- 1807 -A) THE EAST 10 FEET OF THE WEST 50 FEET OF THE SOUTH HALF (1/2) OF THE NORTHWEST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 6,600 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. SIGNED P.S.M. #5426 TOM CHERNESKY STATE OF FLORIDA F : SURVEY\ WW . LL.S AGE D IT No. l NOV 14 2000 P9 (941) 947 -1144 FAX(941)947-0375 E -Mail: engineering@gradyminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 Q. GRADY MINOR, P.E. MARK W. MINOR, P.E. C. DEAN SMITH, P.E. DAVID W. SCHMITT, P.E. MICHAEL J. DELATE, P.E. Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers ■a pLand Surveyors ■ Planners e P,�4 -�c O IN COLLIER: COUNTY, A PORTION OF: PIN:0000000287000001 STRAP: 492618 022.0004B18 Perpetual, Non - Exclusive Road Right -of -Way, Drainage, Utility and Maint. Easement LEGAL DESCRIPTION WHIPPOORWILL LANE (SKETCH 3-1807) i1-3 D. WAYNE ARNOLD, A.I.C,➢ ROBERT W. THINNES, A.I.0 ERIC V. SANDOVAL, P.S., THOMAS CHERNESKY, P.S.M. ALAN V. ROSEMAN PROJECT PARCEL FOLIO ()()aKr7 o(X) ()D I THE WEST 40 FEET OF THE SOUTHWEST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 52,816 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. SIGNED 3 -/IVIIV P.S.M. #5426 TOM CHERNESKY STATE OF FLORIDA F: SURVEY \WW.LLS (941) 947 -1144 ■ FAX (941) 947 -0375 • E -Mail: QGMA @aol.com 3800 Via Del Rey • Bonita Springs, Florida 34134 A NO I RNI No, NOV 14 2000 Pg. °l v')L.Q GRADY MINOR, P.E. ,HARK W. MINOR, P.E. "C. DEAN SMITH, P.E. DAVID W. SCHMITC, P.E. MICHAEL J. DELATE, P.E. Q. GRADY MINOR & ASSOCIATES, P.A. - 3 Civil Engineers Land Surveyors Planners �9 lJ D. WAYNE ARNOLD, A.I.C.P. i,1 ROBERT W. THINNES, A.I.C.P, ERIC V SANDOV IN COLLIER COUNTY, A.PORTION OF: PIN:00000002.87000001 STRAP: 492618 022.0004818 • AL, PS.M. THOMAS CHERNESKY, P.S.M. ALAN V. ROSEMAN PROJECT (eOQSL- PARCEL Ce I FOLIO n0') ?rnrm 11 LEGAL DESCRIPTION PERPETUAL, NON- EXCLUSIVE SLOPE EASEMENT WHIPPOORWILL LANE (SKETCH B- 1807 -A) THE EAST 10 FEET OF THE WEST 50 FEET OF THE SOUTHWEST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 13,200 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. SIGNED l_0 �lslj P.S.M. #5426 TOM CHERNESKY STATE OF FLORIDA F:SURVEY \WW.LLS No. Am NOV 14 2000 Coll (941) 947 -1144 FAX(941)947-0375 E -Mail: engineering®gradyminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers • Land Surveyors • Planners Q. GRADY MINOR, P.E. MARK W. MINOR, P.E. C. DEAN SMITH, P.E. DAVID W. SCHM77, P.E. MICHAEL J. DELATE, P.E. IN COLLIER COUNTY, A PORTION OF: PIN:0000000287120004 STRAP: 492.618 025.0004B18 Perpetual, Non - Exclusive Road Right -of -Way, Drainage, Utility and Maint. Easement LEGAL DESCRIPTION WHIPPOORWILL LANE (SKETCH B -1807) D. WAYNE ARNOLD, A.I.C.' ROBERT W. THINNES, A.I.G ERIC V. SANDOVAL, P.S.M. THOMAS CHERNESICY, P.S.M ALAN V. R EMAN PROJECT PARCEL III F OL 10 (x)217 I � ()CXYJ -- THE WEST 40 FEET OF THE NORTHWEST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 26,408 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. SIGNED .3.11 � P.S.M. #5426 TOM CHERNESKY STATE OF FLORIDA F:SURVEY \WW.LLS No. AG NOV 14 2000 Pg. 4 (941) 947 -1144 ■ FAX (941) 947 -0375 ■ E -Mail: QGMA ®aol.com 3800 Via Del Rey ■ Bonita Springs, Florida 34134 Q. GR.161.1)Y MINOR & ASSOCIATES, P.A. Civil Engineers Land Surveyors Planners GRADY MINOR, P.E. EX B5 AARK W. MINOR, P.E. :. DEAN SMITH, P.E. DAVID W. SCHMITT, P.E. MICHAEL J. DELATE, P.E. IN COLLIER COUNTY, A PORTION OF: PIN:0000000287120004 STRAP: 492618 025.0004B18 a D. WAYNE ARNOLD, A.I.C.P. ROBERT W. THINNES, AI.C.P. ERIC V. SANDOVAL, P.S.M. THOMAS CHERNESKY, P.S.M. ALAN V, ROSEMAN PROJECT (n(Y )S4 PARCEL FOLIO LEGAL DESCRIPTION PERPETUAL, NON - EXCLUSIVE SLOPE EASEMENT WHIPPOORWILL LANE (SKETCH B- 1807 -A) THE EAST 10 FEET OF THE WEST 50 FEET OF THE NORTHWEST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 6,600 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. SIGNED l� 7 P.S.M. #5426 TOM CHERNESKY STATE OF FLORIDA 7 aQ� o i r : svRVSr\ ww . i.LS NO. NOV 3 4 200o (941) 947 -1144 FAX (941) 947 -0375 E -Mail: engineering®gradyminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers w Land Surveyors ■ Planners Q. GRADY MINOR, P.E. MARK W. MINOR, P.E. C. DEAN SMITH, P.E. DAVID W. SCHMITT, P.E. MICHAEL J. DELATE, P.E. IN COLLIER COUNTY, A PORTION OF: PIN:0000000286120005 STRAP: 492618 005.0004BIS Perpetual, Non - Exclusive Road Right -of -Way, Drainage, Utility and Maint. Easement W.r N i ' � i� IN LEGAL DESCRIPTION WEIPPOORWILL LANE (SKETCH B -1807) 115 D. WAYNE ARNOLD, A.I.C.r ROBERT W. THINNES, A.I.C!. ERIC V. SANDOVAL, P.S.A. THOMAS CHERNESKY, P.S.M. ALAN V. R04 MAN PROJECT 4a ;5cl PARCEL I S FOLIO r-Q:ZV,,6k1_1()M5 THE WEST 40 FEET OF THE NORTH HALF (1/2) OF THE SOUTH HALF (1/2) OF THE NORTHWEST QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 13,204 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. SIGNED 3 Oi � a , P.S.M. #5426 TOM CHERNESKY STATE OF FLORIDA F:SURVEY \WW.LLS (941) 947 -1144 ■ FAX (941) 947 -0375 ■ E -Mail: QGMA ®aol.com 3800 Via Del Rey ■ Bonita Springs, Florida 34134 AGEND T No. NOV 14 2000 Pg 4 Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers Land Surveyors PIanners ExHisff GRADY MINOR, P.E. :MARK W. MINOR, P.E. C. DEAN SMITH, P.E. DAVID W. SCHMITT, P.E. MICHAEL J. DELATE, P.E. IN COLLIER COUNTY, A PORTION OF: PIN:0000000286120005 STRAP: 492618 005.0004B18 6(5 e� D. WAYNE ARNOLD, A.I.C.P. ROBERT W THINNES A I C P ERIC V. SANDOVAL, P.S.M. THOMAS CHERNESKY, P.S.M. ALAN V. ROSEMAN PROJECT PARCEL F 0 L 10 �U.._._ ZX LEGAL DESCRIPTION PERPETUAL, NON - EXCLUSIVE SLOPE EASEMENT . WHIPPOORWILL LANE (SKETCH B- 1807 -A) THE EAST 10 FEET OF THE WEST 50 FEET OF NORTH HALF (1/2) OF THE SOUTH HALF (1/2) OF THE NORTHWEST QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 3,300 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. SIGNED _ P.S.M. #5426 TOM CHERNESKY STATE OF FLORIDA F:SURVEY \WW.LLS AGl;p1D I � No. NOV 14 2000 Pg. J (941) 947 -1144 FAX (941) 947 -0375 E -Mail: engineering@gradyminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers a Land Surveyors ■ Planners Q. GRADY MINOR, P.E. MARK W. MINOR, P.E. C. DEAN SMITH, P.E. DAVID V. SCHMITT, P.E. MICHAEL J. DELATE, P.E. IN COLLIER COUNTY, A PORTION OF: PIN:0000000288040002 STRAP: 4926.18: 046.0004818 -ro FEE SIMPLE INTEREST LEGAL DESCRIPTION WHIPPOORWILL LANE (SKETCH B -1807) D. WAYNE ARNOLD, A.I.C.r ROBERT W. THINNES, A.I.0 ERIC V. SANDOVAL, P.S.&,, THOMAS CHERNESKY, PS.M. ALAN V. ROSE AN (a ry PROJECT PARCEL FOLIO -M-aTZ,� o4ncr)2 THE WEST 40 FEET OF THE SOUTH HALF (1/2) OF THE SOUTH HALF (1/2) OF THE NORTHWEST QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 13,204 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. SIGNED 3,y� P.S.M. #5426 TOM CHERNESKY STATE OF FLORIDA A F : SURVEY \WW . LLS No. —M-- NOV 142000 (941) 947 -1144 ■ FAX (941) 947 -0375 • E -Mail: QGMA @aol.com 3800 Via Del Rey m Bonita Springs, Florida 34134 Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers Land Surveyors Planners Q. GRADY MINOR, P.E. � MARK W. MINOR, P.E. EX B1 t7 C. DEAN SMITH, P.E. DAVID W. SCHMITi', P.E. MICHAEL]. DELATE, P.E. IN COLLIER COMM, A PORTION OF: FIN:000.000.0288040002 STRAP; 492618 046.0004BIS .• • D. WAYNE ARNOLD, A.I.C.P. ROBERT W. THINNES, A.I.C.P. ERIC V. SANDOVAL, P.S.M. THOMAS CHERNESKY, P.S.M. ALAN V. ROSEMAN PROJECT _ 00054 PARCEL _ Cg 1tg FOLIO nn =04(� v LEGAL DESCRIPTION PERPETUAL, NON - EXCLUSIVE SLOPE EASEMENT WHIPPOORWILL LANE ` (SKETCH B- 1807 -A) THE EAST 10 FEET OF THE WEST 50 FEET OF THE SOUTH HALF (1/2) OF THE SOUTH HALF (1/2) OF THE NORTHWEST QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 3,300 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. SIGNED -' , P.S.M. #5426 TOM CHERNE STPfTE_OF FLORIDA F: SURVEY \ WW, LLS A N ")_ No, NOV 14 2000 Pg. _ _ (941) 947 -1144 FAX (941) 947 -0375 E -Mail: engineering@gradyminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 Q. GRADY MINOR, P.E. MARK W. MINOR, P.E. C. DEAN SMITH. P.E. DAVID W. SCHMITT, P.E. MICHAEL J. DELATE, P.E. Q. GRADY MINOix & ASSOCIATES, P.A. Civil Engineers • Land Surveyors ■ Planners EXHI 6 IN COLLIER COUNTY, A PORTION OF: FIN:000.0000286160007 STRAP: 492618 006.0004SI8 Perpetual, Non - Exclusive Road Right -of -Way, Drainage, Utility and Maint. Easement LEGAL DESCRIPTION WHIPPOORWILL LANE (SKETCH B -1807) I(7 D. WAYNE ARNOLD, A.I.C.P ROBERT W. THINNES, A.I.(:, ERIC V. SANDOVAL, P.S.N. THOMAS CHERNESKY, P.S.M. ALAN V, ROSEMAN PROJECT �9 �S L- PARCEL i"'1 FOLIO 6)0alb We 0921 THE WEST 40 FEET OF THE NORTH HALF (1/2) OF THE SOUTHWEST QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 26,408 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. SIGNED 3 -1 `OV 2&2utoe , P.S.M. #5426 TOM CHERNESKY STATE OF FLORIDA F: SURVEY \WW.LLS (941) 947 -1144 ■ FAX (941) 947 -0375 ■ E -Mail: QGMA ®aol.com 3800 Via Del Rey ■ Bonita Springs, Florida 34134 AG ID IT No. NOV 14 2000 -_ P9• `-� _`Q. GRADY MINOR, P.E. BARK W. MINOR, P.E. 'C. DEAN SMITH, P.E. DAVID W. SCHMITT, P.E. MICHAEL J. DELATE, P.E. Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers Land Surveyors Planners L�iO6 IN COLLIER COUNTY, A PORTION OF: PIN:0000000286160007 STRAP: 492618 006.0004518 617 D. WAYNE ARNOLD, A.I.C.P. ROBERT W. THINNES, A.I.C.P. ERIC V. SANDOVAL, P.S.M. THOMAS CHIN 7,1�, P.S.M. ALAN V. ROSEMAN PROJECT (0005� PARCEL rl FOLIO a)a& Ic,) () Wn LEGAL DESCRIPTION PERPETUAL, NON - EXCLUSIVE SLOPE EASEMENT WHIPPOORWILL LANE (SKETCH E- 1807 -A) THE EAST 10 FEET OF THE WEST 50 SOUTHWEST QUARTER (1/4) OF THE 18, TOWNSHIP 49 SOUTH, RANGE CONTAINING 6,600 SQUARE FEET, FEET OF THE NORTH HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF SECTION 26 EAST, COLLIER COUNTY, FLORIDA; MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. SIGNED 7 'I'n P.S.M. #5426 TOM CHERNESKY STATE OF FLORIDA F:SURVEY \WW.LLS A ND NoG . NOV 14 2000 r \�- P9• (941) 947 -1144 FAX(941)947-0375 E -Mail: engineering©gradyminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 Q. GRADY MINOR & ASSOCIATES, I.A. Civil Engineers ■ Land Surveyors ■ Planners Q. GRADY MINOR, P.E. MARK W. MINOR, P.E. C. DEAN SMITH, P.E. DAVID W. SCHMITT, P.E. MICHAEL J. DELATE, P.E. IN COLLIER COUNTY, 'A PORTION OF: LOT 1, (PLAT BOOK 14, PAGES 44 -45) FEE SIMPLE INTEREST LEGAL DESCRIPTION WHIPPOORWILL LANE (SKETCH 3-1807) D. WAYNE ARNOLD, A.I.Cy ROBERT W. THINNES, A.I.0 ERIC V. SANDOVAL, P.S.N THOMAS CHERNESKY, P.S.M. ALAN V. ROSEMAN PROJECT PARCEL 1 cl FOLIO (nZ�r� 12 4 ()(Y)! THE WEST 10 FEET OF LOT 1 AS SHOWN ON THE PLAT OF NAPLES PLAZA PLANNED UNIT DEVELOPMENT, AS RECORDED IN PLAT BOOK 14 AT PAGES 44 AND 45 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; CONTAINING 2,250 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. SIGNED P.S.M. #5426 TOM CHERNESKY STATE OF FLORIDA P:SURVEY \WW.LLS (941) 947 -1144 ■ FAX (941) 947 -0375 a E -Mail: QGMA ®aol.com 3800 Via Del Rey ■ Bonita Springs, Florida 34134 AG f PDAI No. NOV 14 2000 Pg. Q. GRADY MINOR, P.E. 4ARK W. MINOR, P.E. & DEAN SMITH, P.E. DAVID W. SCHMI T, P.E. MICHAEL J. DELATE, P.E. Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers Land Surveyors Planners EXHIBIT IN COLLIER COUNTY, A PORTION OF: LOT 1, (PLAT BOOK 14, . PAGES 44 -45) s D. WAYNE ARNOLD, A.I.C.P. ROBERT W. THINNES, A.I.C.P. ERIC V. SANDOVAL, P.S.M. THOMAS CHERNESKY, P.S.M. ALAN V. ROSEMAN PROJECT �r PARCEL CD 1'2f FOLIO LEGAL DESCRIPTION PERPETUAL, NON-EXCLUSIVE SLOPE-EASEMENT WHIPPOORWILL LANE (SKETCH B- 1807 -A) THE EAST 10 FEET OF THE WEST 20 FEET OF LOT 1 AS SHOWN ON THE PLAT OF NAPLES PLAZA PLANNED UNIT DEVELOPMENT, AS RECORDED IN PLAT BOOK 14 AT PAGES 44 AND 45 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; CONTAINING 2,250 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. SIGNED P.S.M. #5426 TOM CHERNESKY STATE OF FLORIDA F: SURVEY \WW.LLS AG - No IT No. NOV 14 2000 � f P9• .._ (941) 947 -1144 FAX(941)947-0375 E -Mail: engineering®gradyminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers a Land Surveyors ■ Planners Q. GRADY MINOR, P.E. MARK W. MINOR, P.E. C. DEAN SMITH, P.E. DAVID W. SCHMITI', P.E. MICHAEL J. DELATE, P.E. IN COLLIER COUNTY, A PORTION OF: TRACT "A" (PLAT BOOK 14, PAGES 44 -45) FEE SIMPLE INTEREST LEGAL DESCRIPTION WHIPPOORWILL LANE (SKETCH B -1807) i�a D. WAYNE ARNOLD, A.I.C.r ROBERT W. THINNES, A.I.C., ERIC V. SANDOVAL, P.S.M.- 'HOMAS CHERNESKY, PS.M. ALAN V. ROSEMAN PROJECT 14()Qac� PARCEL r.I ZO FO+L I0 la:2_-)C'LYYo 4 yjI THE WEST 10 FEET OF TRACT "A" AS SHOWN ON THE PLAT OF NAPLES PLAZA PLANNED UNIT DEVELOPMENT, AS RECORDED IN PLAT BOOK 14 AT PAGES 44 AND 45 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; CONTAINING 500 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. S I GNED ✓l-� `� P.S.M. #5426 TOM CHERNESKY STATE OF FLORIDA P:SURVEY \WW.LLS AGE Aye No. ✓✓ Nov 14 2000 Pg. I (941) 947 -1144 ■ FAX (941) 947 -0375 ■ E -Mail: QGMA ®aol.com 3800 Via Del Rey a Bonita Springs, Florida 34134 GRADY MINOR, P.E. ARK W. MINOR, P.E. DEAN SMITH, P.E. DAVID W. SCHMITC, P.E. MICHAEL J. DELATE, P.E. Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers Land Surveyors Planners EX IN COLLIER COUNTY, A PORTION OF: TRACT "A" (PLAT BOOK 14, PAGES 44 -45) X20 D. WAYNE ARNOLD, A.I.C.P. ROBERT W. THINNES, A.I.C.P. ERIC V. SANDOVAL, P.S.M. THOMAS CHERNFSKY, P.S.M. ALAN V. ROSEMAN PROJECT PARCEL FOLIO (e� tX�d C� CYYj LEGAL DESCRIPTION PERPETUAL, NON —EX LU&IVE SLOPE EASEMENT WHIPPOORWILL LANE (SKETCH B- 1807 -A) THE EAST 10 FEET OF THE WEST 20 FEET OF TRACT "A" AS SHOWN ON THE PLAT OF NAPLES PLAZA PLANNED UNIT DEVELOPMENT, AS RECORDED IN PLAT BOOK 14 AT PAGES 44 AND 45 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; CONTAINING 500 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. S I GNED f� P.S.M. #5426 TOM CHERNESKY STATE OF FLORIDA F: StMVEY\WW. LLS AG M 1J- No. NOV 14 2000 Pg. (941) 947 -1144 FAX (941) 947-0375 E -Mail: engineering®gradyminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers ■ Land Surveyors ■ Planners Q. GRADY MINOR, P.E. MARK W. MINOR, P.E. C. DEAN SMITH, P.E. DAVID W. SCHMITT, P.E. MICHAEL J. DELATE, P.E. IN COLLIER COUNTY, A PORTION OF: TRACT R1R (PLAT HOOK 14, PAGES 44 -45) . :; l - G RV7 a+f q FEE SIMPLE INTEREST LEGAL DESCRIPTION WHIPPOORWILL LANE (SKETCH B -1807) i2-1 D. WAYNE ARNOLD, A.I.C,,- ROBERT W. THINNES, AlI ERIC V. SANDOVAL, THOMAS CHERNESKY, P.S.M. ALAN V. ROSEMAN PROJECT PARCEL j I FOLIO 4aZrY�01(n(Yv'Y� THE WEST 10 FEET OF TRACT "1" AS SHOWN ON THE PLAT OF NAPLES PLAZA PLANNED UNIT DEVELOPMENT, AS RECORDED IN PLAT BOOK 14 AT PAGES 44 AND 45 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; CONTAINING 2,352 SQUARE FEET, MORE OR LESS. Q. GRADY_MINOR & ASSOCIATES, P.A. S I GNED J P.S.M. #5426 TOM CHERNESKY STATE OF FLORIDA F:SURVEY %WW.LLS AG iD I i(ll No. Nov 14 2000 09 (941) 947 -1144 ■ FAX (941) 947 -0375 ■ E -Mail: QGMA @aol.com 3800 Via Del Rey ■ Bonita Springs, Florida 34134 Q. GRAD'S MINOR & ASSOCIATES, P.A. Civil Engineers Land Surveyors Planners ` GRADY MINOR, P.E. :ARK W. MINOR, P.E. Z:. DEAN SMITH, P.E. DAVID W. SCHMrI7, P.E. MICHAEL J. DELATE, P.E. IN COLLIER COLI?Mt A PORTION OF: TRACT "1:" (PLAT BOOK 14, PAGES 44 =45) EX Paso 'TI FT D. WAYNE ARNOLD, A.I.C.P. ROBERT W. THINNFS, A.I.C.P. ERIC V. SANDOVAL, P.S.M. THOMAS CHERNESKy, P S.M. ALAN V. ROSEMAN PROJECT 2WS PARCEL 1 > l FOLIO LEGAL DESCRIPTION PERPETUAL,-_NON-EXCL -U -GIVE SLOPE FASEMENT WHIT)POOF9W.LL,., LANE (SKETCH B- 1807 -A) THE EAST 10 FEET OF THE WEST 20 FEET OF TRACT 111" AS SHOWN ON THE PLAT OF NAPLES PLAZA PLANNED UNIT DEVELOPMENT, AS RECORDED IN PLAT BOOK 14 AT PAGES 44 AND 45 OF THE PUBLIC RECORDS OF COLLIER COUNTY, - FLORIDA; CONTAINING 2,352 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. SIGNED '%'a P.S.M. #5426 TOM CHERNESKY STATE OF FLORIDA F:SURVEY \WW.LLS �n No. NOV 14 2000 _P9' (941) 947 -1144 FAX(941)947-0375 E -Mail: engineering@gradyminor.com 3800 Via Del Rey Bonita Springs, Florida 34134 EXECUTIVE SUMMARY A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AUTHORIZING THE EXECUTION OF THAT CERTAIN JOINT PARTICIPATION AGREEMENT (JPA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION. OBJECTIVE: To approve the attached JPA for financial assistance (FDOT Financial Management Number 407129- 1- 84 -01) and resolution authorizing the Chairman of the BCC to enter into, modify or terminate the attached agreement and applicable documents. CONSIDERATION: On September 12, 2000 the Collier County BCC approved the Update to the Public Transportation Development Plan (PTDP) and authorized all budget amendments required for the receipt of grant funds identified in the PTDP. The attached Resolution authorizes the Chairman of the BCC to enter into, modify or terminate the JPA with the Florida Department of Transportation. Funds from this grant will provide public transportation on the deviated fixed route service. Funds from this grant will be made available once the Florida Department of Transportation receives and executes the attached agreements. The agreements must be accompanied by a resolution approving the agreement and authorizing execution. FISCAL IMPACT: This is a reimbursement grant that the County will bill on a monthly basis as the expenses are incurred. GROWTH MANAGEMENT IMPACT: There is no impact to the County adopted Growth Management Plan. RECOMMENDATION: That the Board approve the agreement and any budget amendments necessary to receive and use these funds and that the Board authorize the Chairman of the BCC to enter into, modify or terminate the attached Joint Participation Agreement. Prepared by: David P. ope, Public Reviewed by: Daw Ife, Tr or Approved by: Date: 11 /01 /00 Manager Date: 11 /01 /00 anning Director Date: 11 /01 /00 n Services Administrator AGENOA ITEM No. , -I (n l C, _ Nov 14 2000 Pg.. v 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 RESOLUTION NO. 2000- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AUTHORIZING THE EXECUTION OF THAT CERTAIN JOINT PARTICIPATION AGREEMENT (JPA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION. WHEREAS, the Collier County Board of County Commissioners (BCC) has the authority to enter into a JPA with the Florida Department of Transportation to undertake a project as authorized by Chapter 341, Florida Statutes and/or by FEDERAL ADMINISTRATION ACT OF 1964, as amended. NOW THEREFORE, BE IT RESOLVED by the Collier County Board of County Commissioners, FLORIDA: 1. That the JPA for Item - Segment- Phase - Sequence (Financial Management Number) 407129 1 84 01 is approved. 2. That the Collier County BCC Chairman, is authorized to enter into, modify or terminate the JPA with the Florida Department of Transportation, unless specifically rescinded. THIS RESOLUTION ADOPTED THIS 14`h DAY OF November, 2000 AFTER A MOTION, SECOND AND MAJORITY VOTE FAVORING SAME. ATTEST: Un Dwight E. Brock, Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Heidi As ton, Assistant County Attorney i COLLIER COUNTY BCC James D. Carter, Chairman, Collier County BCC No I9A-FlM NOV 14 2UU0 pg.,' STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT Financial Project No.: Fund: 010 40712918401 Function: 680 Item -segment-p ase- sequence Contract No.: Federal NO.: NIA Catalog of Federal Domestic Assistance Number: N/A Catalog of State THIS AGREEMENT, made and entered into this day of Ab FORM 725-030-06 PUBLIC TRANSP ADMIN -10= Page 1 of 12 FLAIR Approp.: 088774 FLAIR Obj.: 750010 Org. Code: 55012020129 Vendor No.: VF596000558 -102 Incial Assistance Number: 55010 by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and Collier County Board of County Commissioners 3301 E. Tamiami Trail, Bldg. F. Naples, FL 34112 hereinafter referred to as Agency. WITNESSETH: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under 341.052 (1) Florida Statutes, to enter into this Agreement NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in the eligible management, operating, and administrative expenses of the Agency's provision of public transportation service in Collier County, Florida and as further described in Exhibit(s) A, B, & C attached hereto and by this reference made a part hereof, hereinafter referred to as the project, and to provide De-p—artmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. AG ND( r No. 1 NOV : 4 2000 P9- -- FORM 7254)30-06 PUBLIC TRANSP ADMIN -1010D Page 2 W 12 2.00 Accomplishment of the Project 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A° attached hereto and by this reference made a part hereof, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. 3.00 Project Cost: The total estimated cost of the project is $ 484,678.00 . This amount is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in the project in the amount of $ 242,339.00 as detailed in Exhibit "B ", or in an amount equal to the percentage(s) of total project cost shown in Exhibit "B ", whichever is less. 4.10 Project Cost Eligibility : Project costs eligible for State participation will be allowed only from the effective date of this agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; (b) Availability of funds as stated in paragraph 17.00 of this Agreement; (c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available. 4.20 Front End Funding : Front end funding 0 is Is applicable. If applicable, the Department may initially pay 100% of the total allowable incurred project costs up to%A amount equal to its total share of participation as shown in paragraph 4.00. 5.00 Retainage : Retainage O is * is not applicable. If applicable, NIA percent of the Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the Department's discretion, on or before the completion of the final project audit. A, I No. � NOV 14 2000 Pg. FORM 725-030.06 PUBLIC TRANSP ADMIN -10100 Page 3 of V� 6.00 Project Budget and Payment Provisions: 6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall be effective unless it complies with fund participation requirements established in paragraph 4.00 of this Agreement and is approved by the Department Comptroller. 6.20 Payment Provisions: Unless otherwise allowed under paragraph 4.20, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with requirements established by Departments program guidelines /procedures and "Principles for State and Local Governments ", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project account'. Documentation of the project account shall be made available to the Department upon request any time during the period of the Agreement and for three years after final payment is made. 7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the project, which Department payments and other funds are herein collectively referr to as "project funds ". The Agency shall require depositories of project funds to secure continuously and fully all project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State Law for the security of public funds, or as approved by the Department. 7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 7.40 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. AGENDNo. NOV 14 2000 Pg. _ FORM 725 PUBLIC TRANSP ADMIN -101W Page 4 of 12 7.60 Audit Reports: All federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and numbers award number, and year, and name of the federal agency. State funded grants are to be identified with the Financial Project Number (FPN), contract number, and Catalog of State Financial Assistance (CSFR) numbers. 2. Audits shall be conducted under the guidelines of A -133, Section 215.97, Florida Statutes, and Chapter 10.600, Rules of the Auditor General. 3. For fiscal years beginning after June 30, 1998, the reporting packages; end data collection forms are to be submitted within the earlier of 30 days after the receipt of the auditors report, or9 months after the end of the subrecipient's (Agency's) fiscal year. The date the audit report was delivered to the subrecipient (Agency) must be indicated by the subrecipient (Agency) in correspondence accompanying the audit report, or reporting package, and data collection form. 4. The Agency shall follow up and take corrective action on audit findings. A -133 further requires the preparation of a summary schedule of prior audit findings and a corrective action plan for current year audit findings. Project records shall be retained and available for at least three years after the final payment. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Reports of audits conducted in accordance with OMB Circular A -133, and corresponding data collection forms shall be sent to: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jefferson, IN 47132 and the District Public Transportation Office identified in paragraph 8.10 of this agreement. Reports of audits conducted in accordance with Section 215.97, Florida Statutes, and Chapter 10.600 Rules of the Auditor General shall be sent to: State of Florida Auditor General P.O. Box 1735 Tallahassee, FL 32302 -1735 and the District Public Transportation Office identified in paragraph 8.10 of this agreement. 7.70 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the Department may waive or modify this section with an Exhibit "C ". 8.00 Requisitions and Payments: AGE DA ITEM No. 1 NOV 14 2000 Pg. 'i FORM 725430M PUBLIC TRANSP ADMIN - 10169 Page 5 d 112 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department of Transportation, District One Public Transportation Office Bartow , FL, 33831 -1249 its requisition on a form or forms prescribed by the Department, and any other data pertaining to the project account (as defined in paragraph 7.10 hereof) to justify and support the payment requisitions. 8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S. The Department may establish rates lower than the maximum provided in Chapter 112.061, Florida Statutes. 8.13 For real property acquired, submit; (1) the date the Agency acquired the real property, (2) a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. (3) a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 8.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if. 8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; 8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or 8.25 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the project suspends or terminates federal financial assistance to the project.- In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs. 8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. AGe�M No. � Nov 14 2000 Pp. �I FORM 7254330.06 PUBLIC TRANSP ADM IN - 10!00 Page 6 of 12 8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 9.00 Termination or Suspension of Project: 9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in paragraphs 8.21 to 8.26 inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes and made or received in conjunction with this Agreement. 10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account. 11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project. 12.00 Contracts of the Agency: 12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. Al %�L_ EM No. Nov 14 2Uoo PI. FORM 725-03406 PUBLIC TRANSP ADMIN - 10100 Page 7 of 12 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287, Florida Statutes, Consultants Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance with the Consultant's Competitive Negotiation Act. 12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined in 49 CFR Part 26, as amended, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49 CFR Part 26, as amended, apply to this Agreement. 12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 13.20 Title VI - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (78 Statute 252), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. 13.30 Title VIII - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42 USC 3601,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national origin, religion, sex, disability and familial status. 13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA, the regulations of thr federal government issued thereunder, and the assurance by the Agency pursuant t ni-cAlnA Vr�R. r NOV 14 2000 Pg. -` -"" I FORM 725-03406 PUBLIC TRANSP ADMIN - 101W Page 6 of 12 13.50 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract, or arrangement in connection with the project or any property included or planned to be included in the project, in which any member, officer, or employee of the Agency during his tenure or for two years thereafter has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily acquires or had acquired prior to the beginning of his tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency with prior approval of the Department, may waive the prohibition contained in this subsection: Provided, that any such present member, officer or employee shall not participate in any action by the Agency relating to such contract, subcontract, or arrangement. The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be 0icluded in any project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer, or employee of the Agency during his tenure or for two years thereafter shall have any interest, direct or indirect, in this contract or the proceeds Hereof." The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency. 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement err any benefit arising therefrom. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the Agency that the project will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liaWity in the event of non - compliance with applicable environmental regulations, including the securing of aril, applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. AGE DA TAM No. IIJJ Nov 14 2000 Lam,, , FORM 725-030-05 PUBLIC TRANSP ADMIN -10100 Page 9 of 17 14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment. 14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and-employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. The parties recognize and accept the funding restrictions set forth in Section 339.135(6)(a), and Section 129.07, Florid? Statutes, which may affect each of the parties' obligations. Those provisions are as follows: (a) The Department during any fiscal year shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in Excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one (1) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Section 339.135(6)(a), Florida Statutes. (b) It is unlawful for the Board of County Commissioners to expend or contract for the expenditure in any fiscal year more than the amount budgeted in each fund's budget, except as provided herein, and in no case shall the total appropriations of any budget be exceeded, except as provided in s. 129.06, and any indebtedness contracted for any purpose against either of the funds enumerated in this chapter or for any purpose, the expenditure for which is chargeable to either of said funds, shall be null and void, and no suit or suits shall be prosecuted in any court in this state for the collection of same, and members of the Board of County Commissioners voting for and contracting for such amounts and the bonds of such members of said boards also shall be liable for the excess indebtedness so contracted for. Section 129.07, Florida Statutes. When either party receives a notice of claim for damages that may have been caused by the other party in the performance of services required under this Agreement, that party will immediately forward the claim to the other party. Each party will evaluate the claim and report its findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. AGENDA ITEM No. NOV 14 2000 IL LL P9- ! l FORM 725-030.06 PUBLIC TRANSP ADMIN -10J00 Pape 10 of 12 15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency written approval with any approved portions of the project and comments or recommendations concerning any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. 16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 17.20 Multi -Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Chapter 339.135(6)(a), Florida Statutes, are hereby incorporated: "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a period of more than 1 year." 18.00 Expiration of Agreement: The Agency agrees to complete the project on or before June 30, 2002 . If the Agency does not complete the project within this time period, this Agreement will expire unless an extension o t e time period is requested by the Agency and granted in writing by the District Secretary, District One . Expiration of this Agreement will be considered termination of the project and the procedure established in paragraph 9.00 of this Agreement shall be initiated. 18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement_ Invoices submitted after the 120 day time period will not be paid. 19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 21.00 Restrictions on Lobbying: No. AG-- ETF,A+1 NOV 14 2000 pg. FORM 725-03606 PUBLIC TRANSP ADMIN - 1006 Page 11 d12 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. 22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b) will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (904)488 -2924 or by calling the State Comptroller's Hotline, 1- 800 - 848 -3792. 23.00 Public Entity Crime: Pursuant to 287.133(3)(a) F.S. the following is applicable to this agreement. 287.133(2)(a) "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." 24.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplie r►tractofror consultant under a contract with any public entity, and may not transact business with any public a ityNo GNAA ITEM NOV 14 2000 i Pg. , FORM 725-030 -M PUBLIC TRANSP ADMIN - 10100 Page 12 of 12 Financial Project No. 40712918401 Contract No. Agreement Date IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY Collier County Board of County Commissioners NAME SIGNATURE Chairman, Collier County Board of County Commissioners TITLE ppro a as D form & leoal.f ficien Assistant ounty Attorney FDOT See attached Encumbrance Form for date of Funding Approval by Comptroller LEGAL REVIEW DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION TITLE AGEN M No.— ��I�E NOV 14 Pg. N RECYCLED PAPER FINANCIAL PROJECT NO.407129 1 84 01 CONTRACT NO. EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Collier County Board of County Commissioners. 3301 E. Tamiami Trail. Building F. Naples. FL 34112, dated PROJECT LOCATION: Collier County PROJECT DESCRIPTION: Management, operating and administrative expenses associated with the Agency's provision of public transportation services in Collier County. SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's fiscal year of award, contract number, Financial Project Number, Catalog of State Financial Assistance title and number, and the Catalog of Federal Domestic Assistance title and number, where applicable, and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. SPECIAL CONSIDERATIONS BY DEPARTMENT: If applicable, the eligible project period may be extended by letter from the Department upon a written request from the Agency. January 25, 2000 A NQA JTEM No. �S NOV 14 2000 Pg. . r FINANCIAL PROJECT NO.407129 1 84 01 CONTRACT NO. EXHIBIT 'B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Collier County Board of County Commissioners 3301E Tamiami Trail Building F Naples, FL 34112, dated I. PROJECT COST: $484,678.00 Management, operating, and administrative expenses associated with the Agency's provision of public transportation services in Collier County. II. TOTAL PROJECT COST: PARTICIPATION: ( *) Maximum Federal Participation FTA, FAA Agency Participation In -Kind Cash Other �It[.I1 ►� :?�iZ�7 ( N/A %) or $N /A ( N/A %) or $N /A ( SO %) or $242,339.00 ( N/A %) or $N /A Maximum Department Participation, Primary (DS)(DDR)(DIM)(PORT) (SO %) or $242,339.00 Federal Reimbursable (DU)(FRA)(DFTA)( N/A %) or $N /A Local Reimbursable (DL) (N /A %) or $N /A TOTAL PROJECT COST ( *) NOTE: The Department's Work Program indicates the amount of the Agency's estimated operational budget as State Funding (DS) $242,339, Local Funding (LF) $242,339, and Federal Transit Administration Funding (FTA) $138,983 for a total of $623,661. 1 of 2 January 25.2OW f No. NOV 1 4 2000 Pg. III. MULTI -YEAR OR PREQUALIFIED PROJECT FUNDING: N/A If project is a multi -year or prequalified project subject to paragraphs 4.10 and 17.20 of this agreement, funds are programmed in the Department's Work Program in the following fiscal year(s): FY $ FY $ FY $ FY $ Project years may be advanced or deferred subject to Legislative appropriation or availability of funds. 2 of 2 January 25, 2000 AGEND ITEM No. I NOV 4 2000 � r FINANCIAL PROJECT NO. 407129 1 84 01 CONTRACT NO. EXHIBIT "C" (For State Block Grant Only) This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and C'ollie_r County Board of County dated REF: Section 341.052 F.S. The Department shall provide block grant funds for eligible capital and operating costs of public bus transit and local public fixed guideway projects. Eligibility of this Agency to receive grant funding is provided in Sec. 341.052(1) F.S., and Sections 5307 and 5311 of the Federal Transit Act, 49 U.S.C. 5307, and 49 U.S.C. 5311 respectively. Eligible transit capital costs means any costs that would be defined as capital costs by the Federal Transit Administration. Eligible transit operating costs are the total administrative, management, and operation costs directly incident to the provision of public bus transit services, excluding any depreciation or amortization of capital assets. Block grant funds shall not exceed local revenue during the term of this agreement. (Local revenue is defined as the sum of money received from local government entities to assist in paying transit operation costs, including tax funds, and revenue earned from fare box receipts, charter service, contract service, express service and non - transportation activities.) Block grant funds shall not supplant local tax revenues made available for operations in the year immediately preceding this agreement. State participation in eligible public transit operating costs may not exceed fifty (50) percent of such costs or an amount equal to the total revenue, excluding farebox, charter, and advertising revenue and federal funds, received by the Agency for operating costs, whichever amount is less. 1 of 4 ATNZk No. January 25, 2WO I NOV 14 2000 The Agency shall require the independent auditor, retained to perform the audit as required by the Single Audit Act of 1984, to specifically test and certify that these limitations (...funds shall not exceed local revenue... funds shall not be expended for depreciation or amortization of capital assets...funds shall not supplant local tax revenues made available for operations in the previous year) of the block grant program as delineated in Chapter 341.052 F.S., have been adhered to. The Agency shall provide the Department with two (2) copies of its most current adopted budget together with two (2) copies of the National Transit Database (NTD) (49 USC 5335(a)) report at the same time the NTD report is submitted to the Federal Transit Administration or by March 1, whichever is earlier. Unless the adopted budget uses a format consistent with the NTD report, the copy provided to the Department will indicate how the projections for total local revenue, local tax revenue made available for operations, and depreciation and amortization costs, as they will appear in the NTD report, can be identified. The Agency shall publish in the local newspaper of its area, in the format prescribed by the Department, the productivity and performance measures established for the transit providers most recently completed fiscal year and the prior fiscal year. This report shall be approved by the Department of Transportation prior to its publication. This report shall be submitted to the Department no later than September 15 each year, and published either by November 1, or no later than twenty eight (28) calendar days of the Department's written approval of the report. The Agency shall furnish an affidavit of publication to the Department within twenty eight (28) calendar days of publication. The Agency shall submit a Transit Development Plan (TDP)to the Department by July 1 each year A TDP shall comply with the following elements at a minimum. 1. The TDP shall identify and list community goals and policies with respect to transportation and land use in general and specifically to transit service. 2. The TDP shall identify and quantify the community's need for transit service using demographic, socioeconomic, land use, transportation, and transit date as appropriate. There shall be an opportunity for the public to express the need for transit service improvements, such as but not limited to, Citizens Advisory Committees and workshops. 3. The TDP shall include an analysis of the service currently provided in the community by public and private transit service providers in terms of quality and quantity of service. The TDP shall present an analysis of any variation between the need identified and the service provided and present alternative methods of addressing any deficiencies (and the costs and benefits of each.) The process for selecting an alternative method implementation shall include an opportunity for public participation. 2 of 4 Na EN A-ITEM Nov 14 2000 January 25, 2000 Pg. �' i I 4. The TDP shall present a five year program for implementing the alternative selected. The five year program shall include: maps indicating areas served and the type and level of service to be provided, a monitoring program to track performance measures, a five year financial plan listing operating and capital expenses and anticipated revenues by source, and, a list of projects or services for which funding has not been identified. The last three years of the program may be presented with Idess detail than the first two years. 5. The TDP shall not be in conflict with the approped local government comprehensive plan and the comprehensive (long range) transpcalion plan. 6. The TDP is to be reviewed, revised as necessary, and adopted annually and submitted to the Department by July 1 of each year. The zxunuai review and revision may be limited to refinements and extensions of the five year program. Major updates, to be completed every third year, shall include all elements of a TDJP as defined herein. Mark the required Safety submittal or provisions for this agreement if applicable. Safety Requirements X_ Pus Transit System - In accordance with Florida'Statute 341.061, and Rule Chapter 14 -90, Florida Administrative Code, the Agency shz& submit, and the Department shall have on file, an annual safety certification that the Agency has adopted and is complying with its adopted System Safety Program Plan pursuant to Rule Chapter 14 -90 and has performed annual safety inspections of all buses operated. Third Party Contracts The Department must approve third party contracts pursuant to Paragraph 12.00 except that, when checked below, written approval is hereby granted for: 1. Execution of contracts for materials and /or uebicles from a valid state or inter- governmental contract. 2. Other contracts less than $25.00 excluding consultant services or construction contracts. The Department shall require all consultant and construction contracts and amendments thereto to receive concurrence prior to award. 3 of 4 N BEN A" - NOV 14 2000 -- r January 25, 2000 Required Submittals SUBMEITAUCERTIFICATIO N Procurement Requests Safety Compliance Specifications Invoices Audit Reports RFSPONSIBIL.ITY Agency Agency Agency Agency Agency Annually During Life of Project Requests for Reimbursement (Invoice Submittals) in accordance with Section 215.422 Florida Statutes and the requirement of Paragraph 22.00 of this Agreement: 1. Required Submittal Format The Agency shall submit invoices on forms provided by the Department and prepared in accordance with instructions given by the Department. Back -up documentation will include the appropriate items necessary to verify costs incurred and the eligibility of said costs. 2. Approval of Submittal Goods or services received under this agreement shall be approved /disapproved by the Department no later than five (5) working days after receipt, by the District Public Transportation Office, of a properly prepared and submitted invoice. Should the invoice be incomplete or incorrect, the Department shall inform the Agency within five (5) working days of receipt and return the invoice for corrections. 4of4 AGNA M No. NOV 14 2000 January 25, 2000 f 1 c+- f EXECUTIVE SUMMARY CERTIFY FINANCIAL RESPONSIBILITY FOR NORTH COUNTY REGIONAL WATER TREATMENT FACILITY DEEP INJECTION WELL AND DUAL ZONE MONITORING WELL OBJECTIVE: To provide a Certification of Financial Responsibility in the process of obtaining Florida Department of Environmental Protection (FDEP) permit renewal for existing deep injection and monitoring wells at the North County Regional Water Treatment Facility ( NCRWTF). CONSIDERATIONS: The Water Department has applied for the renewal of Permit #UO11- 269563 for existing Deep Injection Well IW -1 at the North County Regional Water Treatment Facility. In accordance with Rule 65- 528.435(9), Florida Administrative Code, Collier County must attest that the county is a unit of Local Government of the State of Florida and is covered under Chapter 218, Part V of the Florida Statutes. Collier County is also required to provide, under Rule 62 -528, F.A.C., a Statement of Financial Responsibility that indicates financial capability and a plan for plugging and abandonment of the deep injection well and associated monitoring well should that become necessary. The attached certification provides cost estimates for plugging and abandonment to be $416,995.00 for Injection Well IW -1 and the Dual Zone Monitoring Well. FISCAL IMPACT: No funds are presently needed. In the event funds are needed to plug and abandon either of the existing wells, the source of funds will be utility user fees. GROWTH MANAGEMENT IMPACT: This is a renewal of an existing permit, and has no Growth Management impact. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners, as the Ex- Officio governing board of the Collier County Water - Sewer District, authorize the Chairman to sign the Certificate of Financial Responsibility required to be submitted with the NCRWTF deep injection well permit renewal application. PREPARED BY: �^-� �k= DATE: Pahl E. Mattausch, Water Department Director APPROVED BY: DATE: Ja es V. Mudd, Public Utilities Division Administrator AGNA iT No. ,7L2*)_tr N O V 1 4 2000 PG. / PROCEDURES AND COSTS FOR THE PLUGGING AND ABANDONMENT OF INJECTION WELL IWA AND DUAL -ZONE MONITOR WELL COLLIER COUNTY NORTH COUNTY REGIONAL WATER TREATMENT PLANT Plans for the plugging and abandonment of injection well IW -1 and the dual zone monitor well are provided in Figure 1. Injection well IW -1 would be abandoned by first removing the wellhead, 16 -inch diameter injection tubing, and packer. The open hole will then be filled with gravel to 10 feet below the base of the 20 -inch diameter injection casing, which is located at 2492 feet below land surface. The 20 -inch diameter injection casing will then be filled with cement to land surface. The dual -zone monitor well will be abandoned by setting a bridge plug at the bottom of the 6 5/8 -inch diameter casing and filling both the 6 5/8 -inch and 16 -inch diameter casings with Portland Cement to land surface. Neat Portland cement would be used unless permission is granted by the Florida Department of Environmental Protection (FDEP) to use extenders. The costs associated with implementing the plugging and abandonment plan (plus contingency) for the wells would be approximately $416,995 under current market conditions. The abandonment plans for the well includes 7 major bid items: Bid Item #1 includes all work associated with mobilization and demobilization of the drilling rig and supporting equipment suitable for the task. This bid item also includes the work required to retrofit the drilling pad with new pad walls to ensure that injected or formation fluids are not accidentally spilled on the ground. Pad retro -fit ..... ............................... $10,000 Mobilization - demobilization ......................... $75,000 Bid Item #2 consists of a mechanical integrity test Contractor costs ... ............................... $25,000 Bid Item #3 includes that materials and work required to "kill" the flow of the injection well using drilling mud. Drilling mud ....... ............................... $5,000 Rig time ......... ............................... $12,000 Bid Item #4 includes all work required to remove the 16 -inch diameter tubing string from the hole and retrieve the packer, if possible. Rig time ......... ............................... $18,000 AGENDA I NO- ,_ 4 C NOV 1 4 2000 P6. cs{ Bid Item #5 includes all materials and work required to fill the open hole interval with gravel to 10 feet below the bottom of the 20 -inch diameter casing, and filling the reme ping 10 feet of open hole and the entire 20 -inch diameter casing with neat cement. Note Section 62- 28.270 (7) FAC indicates that "neat cement grout or approved equivalent" shall be used for well abandonment. For the purposes of this document we therefore assume that the FDEP would not approved the use of extending cement in implementing this plan. File open hole with gravel (est. 2800 cubic feet) .......... $8,400 4,926 cubic feet of cement .......................... $73,895 Rig time ......... ............................... $18,000 Bid Item #6 includes all materials and work required to place a cement basket/plug at the„bottom of the 6 5/8 -inch diameter casing and fill the 6 5/8- and 16 -inch diameters casings with neat cement in the dual -zone monitor well Cement basket/plug ........ 3,145 cubic feet of cement ... Rig time ................. ........................ $2,000 ....................... $47,200 ....................... $12,000 Bid Item #7 includes all materials and work necessary to clean up the site, including the transportation and disposal of the used casing and packer. Transportation and disposal ......................... $16,000 Rig time (manpower) .............................. $25,000 TOTAL CONTRACTOR COSTS ......................... $347,495 CONTINGENCY (20 %) .................................. $69,500 TOTAL CONTRACTOR COSTS & CONTINGENCY .......... $416,995 Additional costs would be required to design, submit, and obtain approval of the abandonment plan itself, as well as the design, permitting and implementation of the post closure monitoring plan. The specific requirements of the post closure monitoring plan would determine the final cost of abandonment of injection well IW -1. NO . r,((� A6EN0 T N O V 1 4 2000 Pc. .3 CERTIFICATION OF FINANCIAL RESPONSIBILITY The Collier County, a unit of local government of the State of Florida, hereby certifies that it has unconditionally obligated itself to have the financial resources necessary to close, plug, and abandon its Class I underground injection well(s) and related monitoring wells, as required by Chapter 62 -528, Florida Administrative Code. It is further understood that the cost estimate to conduct plugging and abandonment, established on October 27, 2000, shall be reviewed on an annual basis and this obligation shall incorporate accumulated inflation costs. An annual adjustment exceeding 10 percent in any one year shall require submission of an updated certification form. List of Injection Wells Covered By This Agreement: (for each injection well, list the following information) Facility Name: North County Regional Water Treatment Plant Facility Address: 8005 Vanderbilt Beach Rd. Ext., Naples, FL 34120 Facility Contact: Paul Mattausch, Water Director Phone Number: 941= 352 -7002 Latitude/Longitude of Injection Well: 26° 14' 35" / 81'41' 10" DEP/EPA Identification Number: FLS Current Plugging and Abandonment Cost Estimate: $416.995.00 It is hereby understood that the cancellation of this certification may not take place without the prior written consent of the Secretary of the Florida Department of Environmental Protection. ATTEST: DWIGHT E. BROCK, CLERK By: Deputy Clerk Approved as to form and legal sufficiency: David C. Weigel County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AGEND I ELI No.1 e NOV fµ1000 PG. EXECUTIVE SUMMARY APPROVE PROFESSIONAL SERVICES AGREEMENT WITH CAMP DRESSER & MCKEE INC., FOR ENGINEERING SERVICES RELATED TO A COMPREHENSIVE ODOR AND CORROSION CONTROL STUDY FOR THE COLLIER COUNTY SEWER SYSTEM. OBJECTIVE: That the Board of County Commissioners, as the Ex- Officio Governing Board of the Collier County Water -Sewer District, approve a professional services agreement to perform a comprehensive odor /corrosion study for the Collier County Sewer System. CONSIDERATION: The intent of this project is to identify and prioritze force main sections that are generating significant levels of hydrogen sulfide and evaluating and developing a system -wide, cost effective solution to minimize odors and corrosion of the wastewater infrastructure. Scope of the project will include: Phase I - Development and Implementation of the Field Sampling Program Phase II - Problem Area Idenification and Development of the Comprehensive Odor and Corrosion Control Plan. Collier County is relatively flat. Because of this fact, wastewater is transported to the treatment facilities by pumping through a network of force mains. Wastewater is re- pumped several times through the network of pumping stations. The long detention times and warm temperatures in the force main produces hydrogen sulfide gas. This gas is odorous and reacts with mositure to form a strong acid. The acid destroys concrete manholes and wetwells. This study will divide the force mains into sections and evaluate the most cost effective means to eliminate this odor componet from the Collier County Wastewater System. A comprehensive inspection program will also identify areas of the system damaged by corrosion, with recommendations for materials used for repair. This study will develop a comprehensive plan identifying problem areas and sulfide concentrations in the wastewater system, evaluating the effectiveness of existing odor control technologies, and provide a systematic and cost effective plan to minimize odors and corrosion. Staff has negotiated a proposed scope and fees for services. Collier County's wastewater staff will participate in this study, thus reducing the Engineer's fees for sampling. Total fees for the proposed professional services are $208,372. AGENDA ITEM No. NnV 14 7000 Pg. FISCAL IMPACT: Adequate funds are available for the proposed engineering services. Source of the funds are Wastewater User Fees. GRONN'TH MANAGEMENT IMPACT: There is no Growth Management Inpact. RECOMMENDATION: That the Board of County Commissioners, as Ex- Officio the Governing Board of the Collier County Water -Sewer District, approve a professional services agreement with Camp Dresser & McKee, Inc. for services related to conducting a comprehensive odor /corrosion control study of the Collier County Wastewater System, RFP 00 -3066, and authorize the Board of County Commissioners Chairman to sign. SUBMITTED BY: Date: Joseph U. Cheatham, Wastewater Director REVIEWED BY: y 41r Date: Stephen Y. Camel], urchas1ng Director APPROVED BY: Date: James udd, P.E., Public Utilities Administrator AGCND IT No. Z4 d t NOV 1 4 200 vG. SEWER COLLECTION ODOR CONTROL PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of 2000, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida and ex- officio the governing board of the Collier County Water -Sewer District (hereinafter referred to as the "COUNTY' or "OWNER ") and a Camp Dresser & McKee, Inc. a Massachusetts corporation, authorized to do business in the State of Florida, whose business address is 8140 College Parkway, Suite 202, Fort Myers, FL 33919 (hereinafter referred to as the "CONSULTANT "). WITNESSETH: WHEREAS, the OWNER desires to obtain the professional engineering services of the CONSULTANT concerning certain design services for Sewer Collection Odor Control (hereinafter referred to as the "Project "), said services being more fully described in Schedule A, "Scope of Services ", which is attached hereto and incorporated herein; and and WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: AGE G TE No. /Z a j NOV 1 4 2000 PG. ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to OWNER professional engineering services in all phases of the Project to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation ", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and -- -- other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and /or retain only qualified personnel to provide such services to owner. 1.5. CONSULTANT agrees to employ and designate, in writing, within five (5) calendar days after receiving its Notice to Proceed, a qualified licensed professional to serve as the CONSULTANT's project manager (hereinafter referred to as the "Project Manager "). The Project Manager shall be authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Within five (5) calendar days from the Notice to AGEnUA T No. a _2_ Nov 1 4 2000 PG. Proceed issued by the OWNER to the CONSULTANT, the CONSULTANT shall deliver to the OWNER a written statement, executed by the proper officers of the CONSULTANT, acknowledging that the Project Manager shall have full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT agrees that the Project Manager shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The person selected by the CONSULTANT to serve as the Project Manager shall be subject to the prior approval and acceptance of the OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request to do such from the OWNER, to promptly remove and replace the Project Manager, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, whom the OWNER shall request in writing to be removed, which request may be made by the OWNER with or without stating its cause to CONSULTANT. 1.7. The CONSULTANT has represented to the OWNER that it has expertise in the type of professional services that will be performed pursuant to this Agreement. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all published laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of each such conflict. AC DteI , -3- NOV 1 4 2GLIA PG. 6 i 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER's prior written consent, or unless incident to the proper performance of the CONSULTANT's obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non - public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. 1.9. CONSULTANT agrees to certify all estimates of construction costs and Project completion dates prepared by the CONSULTANT. Said certifications shall be in a form approved by the OWNER. 1.10. CONSULTANT asserts to OWNER that all evaluations of the OWNER'S Project budget, preliminary estimates of construction cost and detailed estimates of construction cost prepared by the CONSULTANT represent the CONSULTANT'S best judgment as a design professional familiar with the construction industry. The CONSULTANT cannot and does not guarantee that bids or negotiated prices will not vary from any estimate of construction cost or evaluation prepared or agreed to by the CONSULTANT. Notwithstanding anything above to the contrary, CONSULTANT shall revise and modify Construction Documents and assist in the rebidding of the Work at no additional cost to OWNER, if all responsive and responsible bids exceed the estimates of construction costs prepared by CONSULTANT. 1.11. CONSULTANT shall not be responsible for means, methods, techniques, sequences or procedures of construction selected by contractors nor for the safety precautions and programs incident to the work of contractors. -4- AGENDA ITEM NO. /(. 1e) C9) NOV /1 4 2000 PG._ _� ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. These services will be paid for by OWNER as indicated in Article Five and Schedule B. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: 2.1. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER's schedule or character of construction; and revising studies, reports, design documents or Contract Documents previously accepted by OWNER when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control. 2.3 Preparation and submission of information to and necessary consultations with the Collier County Transportation Department, Florida Department of Environmental Protection, Florida Department of Transportation, South Florida Water Management District, U.S. Army Corps of Engineers or other appropriate regulatory agencies, in order to obtain necessary permits or approvals for construction of the Project, unless the specific obligations regarding the specified permit are expressly included in Basic Services to be performed by CONSULTANT hereunder as set forth in the Schedule A -Scope of Services. AGINGA NO. T M _/��_C -s- NOV 1 4 200u PG. 7 ..............._......_ 2.4 Providing renderings or models for OWNER's use. 2.5. Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining process licensing. 2.6. Furnishing services of independent professional associates and consultants for other than the contract services to be provided by CONSULTANT hereunder. 2.7. Services during out -of -town travel required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office. _ 2.8. Assistance in connection with bid protests, rebidding or renegotiating contracts for construction, materials, equipment or services, except as otherwise expressly provided for herein. 2.9. Providing any type of property surveys, aerial photography or related engineering services needed for the transfer of interests in real property and field surveys for design purposes and engineering surveys and staking to enable contractors to proceed with their work and providing other special field surveys. 2.10. Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.11. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). Cj1 AGC GA T -�� -6- NOV ; 4 2000 PG.�� 2.12. Additional services rendered by CONSULTANTS in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in Collier County in accordance with generally accepted engineering practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The OWNER shall designate in writing a project coordinator to act as OWNER's representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Coordinator "). The Project Coordinator shall have authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to CONSULTANTS services for the Project. However, the Project Coordinator is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of services to be provided and performed by the CONSULTANT hereunder; (b) The time the CONSULTANT is obligated to commence and complete all such services; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. 3.2. The Project Coordinator shall: (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; (b) Provide all criteria and information requested by CONSULTANT as to OWNER's requirements for the Project, including design objectives and -7- ! AGfN/G'A �I NO . - NOV t 4 Z00� PG. constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT's disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to design or construction of the Project (d) Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. 3.3. CONSULTANT acknowledges that access to the Project Site, to be arranged by OWNER for CONSULTANT, may be provided during times that are not the normal business hours of the CONSULTANT. 3.4. OWNER shall be responsible for the acquisition of all easements, property sites, rights -of -way, or other property rights required for the Project and for the costs thereof, including the costs of any required land surveys in connection with such acquisition. ARTICLE FOUR TIME 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the Project and shall be performed and completed in accordance with the Project Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement. AGCn0A T a� NO. (.' ) -8- NOV 1 4 2000 PG. /y 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of God or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock -outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement of such delay, stating the specific cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension for that specific delay. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT's services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT's sole remedy against OWNER will be the right to seek an extension of time to its schedule. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of the CONSULTANT, the services to be provided hereunder by CONSULTANT have not been completed within 24 months of the date hereof, the CONSULTANT's compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT after expiration of said twenty -four (24) month period , plus all time extensions granted by OWNER to CONSULTANT. 4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to AG NDA I E No. -9- NOV 1 4 2000 PG. 11 reasonably establish to the OWNER's satisfaction that the CONSULTANT's performance is or -- will shortly be back on schedule. ARTICLE FIVE COMPENSATION 5.1. Compensation and the manner of payment of such compensation by the OWNER for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of Compensation ", which is attached hereto and made a part hereof. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon completion or termination of this Agreement, all records, documents, tracings, plans, specifications, maps, evaluations, reports, computer assisted design or drafting disks and other technical data, prepared or developed by CONSULTANT under this Agreement shall be delivered to and become the property of OWNER. This does not apply to working papers. Said records, documents, tracings, plans, specifications, maps, evaluations, reports, computer disks and other technical data prepared by the CONSULTANT for each project under this Agreement are considered to be instruments of the CONSULTANT'S service. CONSULTANT, at its own expense, may retain copies for its files and internal use. OWNER agrees to indemnify and hold harmless CONSULTANT with respect to any claim brought by any third party against CONSULTANT, including loss or damage from the claim including attorneys fees incurred by CONSULTANT, which claim arises out of OWNER's use of said records, documents, tracings, plans, specifications, maps, evaluations, reports, computer disks and other technical data on some other project unless such use is authorized by CONSULTANT. 6.2. With respect to and in consideration for the indemnification provided by OWNER in paragraphs 6.1. above, CONSULTANT has paid to to OWNER $10.00, the sufficiency and receipt of which is acknowledged by OWNER through the signing of this Agreement. AG €NDA TF No. -10- NOV 1 4 2000 PG. /a ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Project is completed, whichever is later. OWNER, or any duly authorized agents or representatives of OWNER, shall , free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above; provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. The CONSULTANT in consideration of $100.00, the sufficiency and receipt of which is acknowledged through the signing of this Agreement shall indemnify and hold OWNER and its officers, employees and agents harmless from and against any and all losses, liabilities, , damages, and costs, including, but not limited to, reasonable attorney fees to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT, its Subconsultants, Subcontractors, agents or employees, arising out of or incidental to the performance of this Agreement or work performed thereunder. The CONSULTANT'S obligation under this paragraph shall not be limited in any way by the agreed upon contract price as shown in this Agreement or the CONSULTANT'S limit of, or lack of, sufficient insurance protection. 8.2. CONSULTANT acknowledges that the general conditions of any construction contract shall include language, satisfactory to the OWNER's attorney, in which the contractor agrees to hold harmless and to defend OWNER, its agents and employees from all suits and actions, including attorney's fees, and all costs of litigation and judgments of any name and description AGCnOM T M N0. M/ C' aZ -11- NOV 1 4 200 PG. arising out of or incidental to the performance of the construction contract or work performed , thereunder. ARTICLE NINE INSURANCE 9.1. CONSULTANT shall obtain an carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may then otherwise exist without regard to this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT's acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the Project, except those previously made in writing and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT's services nor payment by OWNER shall be deemed to be a waiver of any of OWNER's rights against CONSULTANT. AGE NpA M� F NO . wL1 _12_ NOV 1 4 2000 PG. 14 ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) failure to begin work under the Agreement within the times specified under the Notice(s) to Proceed, or (b) failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT's principals, officers or directors, or (d) failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) failure to perform or abide by the terms or spirit of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and CONSULTANT's remedies against OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.3, below. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the AGENDA T n No.��L� a -13- NOV 1 4 2000 PG. JS termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.4. Upon termination, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement, including Section 6.1. 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth -In- Negotiation Certificate, attached hereto _ and incorporated herein as Schedule E, stating that wage rates and other factual unit costs AG NGA T M NO -14- NOV 1 4 2000 PG. supporting the compensation are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non - current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand or by United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following OWNER's address of record: Board of County Commissioners, Collier County Florida c/o Public Utilities Engineering Department 3301 Tamiami Trail East Naples, Fl. 33962 Attention: Karl W. Boyer, P.E., Interim Director ENOV 2000 16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the -'— CONSULTANT shall be made in writing and shall be delivered by hand or by the United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following CONSULTANT's address of record: Camp Dresser & McKee, Inc. 8140 College Parkway Suite 202 Fort Myers, FL 33919 Attn: Rony Joel, Senior Vice President 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing OWNER, shall promote the best interest of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of OWNER. 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. AG GA I E NO . � C� -ib- NOV S 4 2000 PG. _ 17.6. This Agreement, initially consisting of 41 continuously numbered pages including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. ARTICLE EIGHTEEN APPLICABLE LAW 18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate Florida state court in Collier County, Florida. NO. nHGA C loS NOV 1 4 2000 PG. 9 IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for ATTEST: Dwight E. Brock, Clerk By: Date: Approved as to form and legal sufficiency: Assistant County ttorney P &Jvot Witness �y"/n �V Witness the day and year first written above. BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER - SEWER DISTRICT No James D. Carter, Ph.D, Chairman Camp Dresser & McKee, Inc. By: Rony Joel Senior Vice President (CORPORATE SEAL) AGEhGA T No. � e ; -i8- NOV 1 4 2000 PG. �d SCHEDULE A SCOPE OF SERVICES Schedule A consists of the following component Parts: A.1. DESCRIPTION OF PROJECT A.2. DESIGN REPORT A.3. PRELIMINARY DESIGN (not included in this Agreement) A.4. FINAL DESIGN (not included in this Agreement) A.S. CONSTRUCTION BID SERVICES (not included in this Agreement) A.6. CONSTRUCTION CONTRACT ADMINISTRATION (not included in this Agreement) A.7. DETAILED OBSERVATION OF CONSTRUCTION (not included in this Agreement) A.B. CONDUCT FIELD SAMPLING PROGRAM Rol AG Cha I NO. d2 Nov 1 4 2000 PG. a A.1. DESCRIPTION OF PROJECT. Collier County has experienced increasing levels of corrosion and odors in the wastewater pump and forcemain system as the system has expanded over the past ten years. In addition, the relatively flat terrain, high air temperatures and seasonal fluctuations in wastewater flow contribute to the increased production of sulfides and hydrogen sulfide gas, typical of wastewater systems in South Florida. The Public Utilities Department (PUD, OWNER) has invested significant capital and operation funds in an attempt to minimize the odors and corrosive atmospheres in the pump stations, forcemain system and at the regional treatment plants. Odor and corrosion control systems in use include odor containment, chemical addition, and carbon air scrubbers at many pump stations and wet scrubbers at the wastewater treatment facilities. These existing systems have helped to significantly reduce odors from the wastewater system but are expensive to operate and maintain and do not significantly reduce corrosion. In response to these concerns, PUD has conducted pilot testing of several sulfide gas treatment and control systems. The next step in the treatment and containment of odors and corrosion in the wastewater system is to develop a comprehensive plan identifying problem areas and sulfide concentration in the system, evaluating the effectiveness of existing treatment systems, summarize the results of the PUD's pilot tests, evaluate other appropriate technology and provide a systematic and cost effective plan to minimize odors and corrosion. The PUD has requested Camp Dresser & McKee, Inc in associations with Bowker & Associates (CONSULTANT) provide the services necessary to identify and prioritize forcemain sections that are generating significant levels of hydrogen sulfide and evaluating and developing a system -wide, cost - effective solution to minimize odors and corrosion of the wastewater infrastructure. The scope of services for the Odor /Corrosion Control Study includes has been segmented into to phases and includes these tasks: Phase I — Development and Implementation of the Field Sampling Program ■ Phase II - Problem Area Identification and Development of the Comprehensive Odor and Corrosion Control Plan A.2. DESIGN REPORT. Phase I — Development and Implementation of the Field Sampling Program This phase of the Odor /Corrosion Control study will focus on evaluating the cost and effectiveness of existing air and liquid odor treatment systems, the development and implementation of a field sampling program, and visual inspection pump stations, manholes and other structures necessary to correlate sulfide levels with corrosion potential. A.2.1. System Inventory and Development of Sampling Plan 2.1.1. Gather and Review Existing Data: The CONSULTANT will develop a list of data required and meet with OWNER staff to identify odor and corrosion concerns. The data needed by the CONSULTANT includes copies of previous, data, studies AGENUA IT M No. e -20- NOV 1 4 PG. �- or reports addressing pilot test data and reports which identify odor /corrosion "hot spots ". Information required in developing and understanding odor and corrosion generation includes: ■ sewer maps, showing locations of major pump stations and force mains; ■ information on wastewater flowrates (including seasonal variations), ■ locations of chemical feed stations, quantities of chemicals used, sulfide and /or H2S monitoring data; ■ records of odor complaints; ■ wastewater characterization data (one year of BOD, sulfide, pH, temperature); ■ previous studies by consulting engineers, chemical vendors, in -house staff; ■ design and performance criteria for existing odor treatment systems such as wet scrubbers, biofilters, and activated carbon absorbers; and ■ Videotapes and /or logs of sewer inspections. ■ Financial records including operating, maintenance, capital and other pertinent records to determine life -cycle costs of existing odor and corrosion control treatment systems. ■ Summarize on -going improvements relating to collection systems and collection system odor or corrosion control. 2.1.2. Prepare collection System Model Base Map: the CONSULTANT will prepare a base map showing the location of all pump stations, chemical application locations, air phase treatment systems that will be included in the sampling program or used in the evaluation of hydrogen sulfide modeling included in Phase II work. The base map will also identify the pump station sampling regions that will be used in the development of the field- sampling program. The CONSULTANT will use the existing forcemain hydraulic model as the base map. This system map includes most of the information needed to characterize the operating conditions and odor treatment systems. The CONSULTANT will submit the base map to the OWNER for review and approval. The budget was based on the addition of a maximum of 20 new pump stations to the existing hydraulic model. 2.1.3. Conduct Physical Survey: The CONSULTANT will conduct two, two -day field surveys of the North and South collection, forcemain, pump and treatment systems to assist in the development of the sampling plan. Representatives of the OWNER will accompany the CONSULTANT during the field review to provide access to pump stations, manholes and other pertinent features of the wastewater system and provide guidance concerning existing odor control system locations, operations, maintenance history and effectiveness. During the physical surveys, dissolved sulfide grab samples will be taken in concert with the CONSULTANT's observations to establish sulfide action levels. The sulfide action levels will be A6EnGA [ E No. J4 c -21- NOV 1 4 2005 Pc. -�3 used to quantify the extent of the field- sampling program. Field samples will be taken upstream of any reach until the established action level is not exceeded. Where chemicals are being supplied the CONSULTANT will record dosage rates and take samples from pumping stations immediately upstream of the dosing points. The CONSULTANT will note whether the pumping stations are amenable to the addition of chemical storage and feed and /or vapor phase odor control facilities. The current status of water supply will be noted. Under this task the CONSULTANT shall also provide a qualitative review of potential odor problem areas (e.g. headworks, solids handling, etc) at the North and South Plants and report its observations to the PUC in memorandum. At this time no specific in -plant analyses are planned other than sampling the performance of odor control systems (See task 2.3). 2.1.4. Prioritize Problem Areas: The CONSULTANT will prioritize problem areas in the wastewater system based on information gathered in Tasks 1.1 through 1.3, considering the following criteria: detention time, staff input, odor complaints, atmospheric hydrogen sulfide data, corrosion damage, high BOD or sulfate discharges, lift to gravity conveyance systems. The CONSULTANT will conduct a limited field- sampling program to assess the effectiveness of the liquid phase chemical control systems. The CONSULTANT will prepare and submit a draft technical memorandum identifying these areas for review by the OWNER. A two -week period will be provided for the OWNER's review. A meeting will be held with the OWNER to discuss the findings of the memorandum and receive the OWNER's comments. 2.1.5. Develop Field Sampling Program Report: The CONSULTANT will develop a draft and final field sampling report that will summarize all data reviewed and analyzed in Task 1, outline the recommended field sampling program and recommend priority sampling areas. A draft report will be submitted to the OWNER for review and comment and will be submitted to CDM's technical review committee. The CONSULTANT will schedule a meeting with the OWNER to review the draft report, receive comments and discuss the recommended field sampling program and manpower requirements. The CONSULTANT will provide a final report after receiving the OWNER's comments A2.2. Phase II - Problem Area Identification and Development of the Comprehensive Odor and Corrosion Control Plan. Odor and Corrosion Problem Identification 2.2.1. System Modeling: The CONSULTANT will develop, calibrate and model hydrogen sulfide generation in the air and liquid streams in the collection and forcemain system, as identified in Task 1.2 and updated to show the priority odor and corrosion areas identified in Task 2. The H2S Wins model will be used to predict sulfide levels in the system. The H2S Wins model will be used to predict sulfide levels at critical times during the year. The CONSULTANT will establish critical conditions for four (4) operating scenarios including: AGENDA T M No. _22_ NOV 1 4 2000 PG. a. Minimum day flow conditions during the peak season (winter months) b. Peak day flow conditions during the peak season(winter months) c. Minimum day flow conditions during off - season flow conditions (summer months) d. Peak day flow conditions during the off - season flow conditions (summer months). The CONSULTANT will vary the following parameters for each flow condition: wastewater temperature, pH, O2 consumption, BOD and sewage age. The H2S Wins model will be used to predict sulfide concentrations in the facilities with the existing liquid stream treatment system in operation and assuming these facilities are off. 2.2.2. Problem Identification and Workshop: The CONSULTANT will evaluate the results of the H2S Wins model and calibrate to identify problem areas and compare the results to the problem areas identified in Task 2. The CONSULTANT will plan and schedule a one -half day workshop with the OWNER to present and review the results of the H2S Wins model. The workshop will focus on the review of modeling results, effectiveness of existing chemical addition and discussion of odor and corrosion alternatives that will be reviewed in Task 4. 2.2.3. Technical Review and Modeling Results Report: The CONSULTANT will develop a draft report summarizing the analysis and results of the H2S Wins modeling. The CONSULTANT will conduct an internal technical review of the model development, application and results. The recommendations of the technical review committee will be incorporated into the draft report. A.2.3. Alternative Evaluation and Final Report 2.3.1. Liquid Stream Treatment Alternative Analysis: The CONSULTANT will develop a list of liquid stream chemicals for controlling sulfides and odors in the wastewater system. This list will be reviewed and confirmed with the client in the Task 3 workshop. The CONSULTANT will conduct an initial evaluation of the applicable liquid stream treatment chemicals and recommend four (4) chemical treatment alternatives for additional analysis. The recommended treatment alternatives will be further evaluated using the H2S Wins model to determine relative costs and effectiveness. The CONSULTANT will recommend the most cost - effective chemicals for each application. Piloting of chemical alternatives is not included in this scope of services. 2.3.2. Air Stream Treatment Alternative Analysis: The CONSULTANT will develop several air stream treatment alternatives with the objective of providing the OWNER with a menu of cost - effective air stream treat options from which to choose, based on air flow and hydrogen sulfide concentration. The suite of alternatives will include, but not be limited to, biofiltration, wet scrubbing and activated carbon. Both packaged and engineered systems will be considered. Air flow ranges shall be derived by applying widely accepted ventilation rates to the various wet well sizes found within the collection systems. Hydrogen sulfide levels will be estimated from Task 3. Capital and O &M costs will be estimated for all AGENDA IT N0. o -23- NOV 1 4 2000 PG. 126- alternatives based on vendor quotes and the CONSULTANT's estimate of installation costs. Under this task the CONSULTANT will also review and comment to the OWNER on the South plant headworks plans, being prepared by another consultant, with regard to the odor control systems and measures that should be included in the contract documents. The OWNER shall furnish the contract drawings to the CONSULTANT for review upon the completion of Task 3. 2.3.3. Corrosion Treatment Alternative Analysis: The CONSULTANT will develop several corrosion treatment alternatives with the objective of providing the OWNER with a menu of recommended alternatives from which to choose based on the severity of corrosion and diameter of the affected pipelines. Temporary solutions (e.g. coatings, crown spraying, etc.) and permanent solutions (e.g. slip lining, inversion lining, etc.) shall be evaluated. The CONSULTANT shall estimate the effective life of temporary solutions and will estimate capital and operating costs of all alternatives evaluated. Recommendations shall be made on the basis of severity of corrosion and cost. Installed costs shall be based on local vendor quotes. 2.3.4. Operation and Maintenance Workshop: The CONSULTANT will plan, schedule and attend two (2) meetings to identify, evaluate and develop operating protocol for operation modifications to the collection and force main system to reduce odors and corrosion. 2.3.5. Draft Treatment Evaluation Report: The CONSULTANT will develop a draft report summarizing the analysis, conclusions and recommendations for liquid stream, air stream, corrosion control as well as operating procedures directed at reduction of odors and corrosion. The CONSULTANT will conduct an internal technical review the report prior to issuance to the OWNER and responses to technical review committee comments /suggestions will be incorporated into the draft report. A two - week period will be provided for the OWNER's review. A meeting will be held with the OWNER to discuss the findings of the report and receive the OWNER's comments. A.2.4. Draft Final Report 2.4.1. Draft Final Report: The CONSULTANT will develop a draft report summarizing analyses, results, conclusions and recommendations of Phase I and Phase II investigations. The CONSULTANT will conduct an internal technical review the report prior to issuance to the OWNER and responses to technical review committee comments /suggestions will be incorporated into the draft report. A two - week period will be provided for the OWNER's review. A meeting will be held with the OWNER to discuss the report findings and to receive the OWNER's comments. A.2.5. Final Report 2.5.1. Final Report: The CONSULTANT will formally respond to all of the OWNER's comments and incorporate changes to the Draft Final Report. The CONSULTANT A CNGA I CM No. L -24- NOV 1 4 2000 PG. will provide ten (10) bound copies and one copy of electronic version of the Final Report to the OWNER. A.2.6. Project Management 2.6.1. Project Management: The CONSULTANT will attend monthly progress meetings with the OWNER, and provide agendas and meeting minutes for them. The CONSULTANT will monitor schedule and deliverables and insure sufficient and qualified staff is available to meet all project objectives. The CONSULTANT will administer its internal quality assurance /quality control program throughout the progress of the project to ensure that the project meets the standards of quality the CONSULTANT has set for itself and its clients. A.3. PRELIMINARY DESIGN. Not used A.4. FINAL DESIGN. Not used A.5. CONSTRUCTION BID SERVICES. Not used A.6. CONSTRUCTION CONTRACT ADMINISTRATION. Not used A.7. DETAILED OBSERVATION OF CONSTRUCTION. Not used A.8. CONDUCT FIELD SAMPLING PROGRAM A.8.1. Conduct Field Sampling Program: The CONSULTANT will collect wastewater samples, perform field tests, stabilize the samples and deliver the samples to the designated laboratory for analysis. The CONSULTANT will collect both grab and 24- hour composite samples as specified in the final sampling program report. Grab samples shall be taken on all sites not identified as priority sampling locations. Composite samples shall be taken on all priority sampling sites. The CONSULTANT will provide all equipment necessary to conduct the field sampling including: field ORP, pH, temperature analyzers, grab sample collection bottles, coolers and ice. The manpower is estimated based on sampling for one (1) day, each of the 15 regional sub - systems in the North and South Regional systems. The CONSULTANT will provide up to two (2) field technicians for the sampling program. The OWNER shall provide the necessary manpower and equipment for access to the sampling points and assistance in sampling. The CONSULTANT shall perform its work such that Confined Space Entry is not required. The OWNER shall extract pertinent flow data from its SCADA system at the CONSULTANT's request so that actual sulfide levels can be correlated to those predicted in the model (see Task 3). � CNGA LM NO C -�- -ZS- NOV 1 4 2u0�a Pc. 7. 7 A.8.2. Conduct Priority Sampling: The CONSULTANT will conduct sampling in the priority area established in the sampling plan. The priority areas sampling will include both liquid stream and air stream sampling to establish relations between liquid sulfide concentration and air stream concentrations of hydrogen sulfide gas. The CONSULTANT will provide all equipment necessary to conduct the field sampling, including: two (2) composite samplers, two (2) field ORP, pH, temperature analyzers, grab sample collection bottles, coolers and ice, and two (2) hydrogen sulfide meters with data logging capability. Headspace samples will be collected and analyzed concurrently with the collection of composite samples to provide qualitative comparison between liquid and air stream sulfide concentrations. This information will be used to establish action levels for liquid stream concentrations of sulfides to reduce corrosion of the wastewater infrastructure. The CONSULTANT will provide up to two (2) field technicians for the sampling program. The OWNER shall provide the necessary manpower and equipment for access to the sampling points and assistance in sampling. The CONSULTANT shall perform its work such that Confined Space Entry is not required. A.8.3. Existing Odor Treatment System Sampling (Gas Phase Treatment Systems): The CONSULTANT will conduct limited sampling of the existing odor treatment systems. The sampling program will be conducted accordance with approved sampling plan. The CONSULTANT will provide two (2) field technicians to collect inlet and outlet measurements of hydrogen sulfide concentrations and airflow. Hydrogen sulfide will be measured with portable meter(s). The CONSULTANT will collect air samples in Tedlar bags and ship them to a laboratory to measure odor concentrations (Dilutions to Threshold, D/T) in accordance with ASTM- E -679. The budget for this task is based on D/T measurement on the inlet and outlet of one scrubber at the North plant and the outlet of five pumping station odor control systems. A.8.4. Corrosion Survey: The CONSULTANT will conduct visual inspections of each sampling location and documented with digital photography. Additional locations upstream of the sampling points that are susceptible to corrosion and additional locations identified by the OWNER will be inspected and the physical conditions of the location documented through photography. In the event excessive corrosion is observed, additional inspection and testing will be conducted to access the degree of damage and appropriate corrective action. A.M. Development of Sampling Program Report: The CONSULTANT will evaluate and summarize the information and analysis of the field inspections and sample results. Ranking criteria will be developed to refine prioritization of critical odor and corrosion areas and recommend additional field testing as necessary. The CONSULTANT will develop a draft report and submit six (6) copies to OWNER. A review meeting will be schedule to review the report, discuss additional sampling and receive the OWNER's comments. A final report will be submitted after making the appropriate revisions. END OF SCHEDULE A. AG h rt 40.� C -26- NOV 1p4 200ul PG. �0 SCHEDULE B BASIS OF COMPENSATION B.1.1. As consideration for providing Basic Services as set forth herein in Parts A.2, A.3, A.4, A.5 and A.6 of Schedule A, OWNER agrees to pay, and CONSULTANT agrees to accept, the lump sum fees as shown on Attachment A entitled "Schedule Fees for Basic Services ". B.1.2. Payment for Basic Services under Part A.2. of Schedule A shall be paid on a lump sum basis in accordance with estimated percent complete by Task. B.2.1. As consideration for providing Basic Services under Part A.7 entitled "Detailed Observation of Construction" and for properly approved Additional Services set forth in Article Two of this Agreement as estimated on Attachment C entitled "Consultant's Estimate of Additional Services ", OWNER agrees to pay and CONSULTANT agrees to accept payment on a time and reimbursable cost basis. Payments for Part A.7 services and properly approved Additional Services shall be made monthly on a time and reimbursable cost basis computed in accordance with either Attachment B entitled "Consultant's Employee Hourly Rate Schedule" for employees working under this Agreement or Attachment C entitled "Consultant's Estimate of Additional Services ". Payment shall be made monthly on an as needed basis, not to exceed 40 hours per person per week. Payment for services performed by individuals beyond 40 hours per week or Saturdays, Sundays or holidays, shall be increased by a factor of 1.5 applied to Attachment B provided such overtime work is approved by OWNER in advance whenever possible and not due to CONSULTANT'S own fault or neglect. B.2.2. Reimbursable costs shall mean the actual expenditures made by the CONSULTANT while providing Basic Services under Part A.7 or Additional Services, in the interest of the Project, listed in the following sub - paragraphs: AGENDA IT K No. I -27- NOV 1 4 2000 PG. a 9 (a) expenses for transportation and subsistence incidental to out -of -town travel required by CONSULTANT and directed by OWNER, other than visits to the Project Site or OWNER's office; (b) expenses for preparation, reproduction, photographic production techniques, postage and handling of drawings, specifications, bidding documents and similar Project - related items in addition to those otherwise required in Parts A.2, A.3, A.4, A.5 and A.6 of Basic Services; (c) when authorized in advance by OWNER, except as specifically otherwise provided herein, the expense of overtime work requiring higher than regular rates; and (d) expenses for renderings, models and mock -ups requested by OWNER. B.2.3. By way of example and not limitation, reimbursable costs shall specifically not include expenditures, except as otherwise described in paragraph B.2.2, such as: (a) expenses for transportation and subsistence; (b) overhead, including field office facilities; (c) overtime not authorized by OWNER; or (d) expenses for copies, reproductions, postage, handling, express delivery, and long distance communications. B.3.1. In no case shall the lump sum figures on Attachment A be exceeded without a change in the scope of the project being approved by the Board of County Commissioners for Collier County, Florida, as ex- officio the governing board of the Collier County Water -Sewer District. B.3.2. Detailed Construction Observation work performed under Part A.7. and Additional Services, shall be paid as substantiated to the limits shown in Attachment C, but not to exceed the sum of those figures without execution of an appropriate Agreement amendment. No. AGEhGn I E e -28- NOV 1 4 2000 PG. 36 B.3.3. Payments will be made for services rendered, no more than on a monthly basis, within thirty (30) days of submittal of an approvable invoice. The number of the purchase order by which authority the services have been made, shall appear on all invoices. All invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by OWNER. B.3.4. CONSULTANT acknowledges that Attachment A - Schedule of Fees for Basic Services, Attachment B - Consultant's Employee Hourly Rate Schedule, and Attachment C - Consultant's Estimate of Additional Services, are each attached to this Schedule B are incorporated herein and, will be the basis for OWNER's budgeting, authorizing and monitoring of expenditures under this Agreement. B.3.5. As compensation for coordinating subconsultant activities for OWNER, CONSULTANT shall be allowed an administrative fee not to exceed ten percent (10 %) of the actual cost of services rendered under Part A.7 and Additional Services. For the purposes of this provision the actual cost of services rendered shall not include any mark -up between the vendor who actually performed the services and any sub - consultant. No administrative fee or mark -up shall be paid in conjunction with the provision of Basic Services as set forth in Parts A.2, A.3, A.4, A.5 and A.6 of Schedule A. END OF SCHEDULE B. N0. / C -29- NOV 1 4 ?D11 Pc. I SCHEDULE B - ATTACHMENT A SCHEDULE OF FEES FOR BASIC SERVICES Compensation for the following items shall be based on a lump sum fee. A.2.1 Draft Sampling Program $26,808.00 A2.2 Problem Area Identification $39,864.00 A2.3 Alternative Evaluation $29,456.00 A.2.4 Draft Final Report $13,788.00 A.2.5 Final Report $ 5,992.00 A.2.6 Project Management $12,328.00 Total Compensation for Basic Services shall be $128,236.00. -30- AG[KJA C!S No. NOV 1 4 2000 PG. 3--?, t t SCHEDULE B - ATTACHMENT B CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE Odor /Corrosion Control Project Task 2 — Field Sampling Program Labor Category Billing Rate ($ /hour) Associate /Principal $130.00 Senior Engineer /Scientist/Project Manager $120.00 O & M Specialist $ 95.00 Professional Engineer /Scientist $ 95.00 Engineer /Scientist/Field Technician $ 75.00 ClericalMord Processing /Admin $ 45.00 Other Direct Costs Actual Costs %';ULJ%,UIIDUIL4"L %JUJL, r%%I&UQ1 VVOL-0 L11IM0 I. IV AGENDA T E No. 4C -31- NOV 1 4 2000 PG. SCHEDULE B - ATTACHMENT B CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE Labor Category Billing Rate ($ /hour) Associate /Principal $130.00 Senior Engineer /Scientist/Project Manager $120.00 O & M Specialist $ 95.00 Professional Engineer /Scientist $ 95.00 Engineer /Scientist/Field Technician $ 75.00 Clerical/Word Processing /Admin $ 45.00 j Other Direct Costs Actual Costs Subconsultant Costs I Actual Costs times 1.10 aGCnG� T M No. e -3�- NOV 1 4 2000 PG.-131 SCHEDULE B - ATTACHMENT C CONSULTANT'S ESTIMATE OF ADDITIONAL SERVICES SCHEDULE OF FEES FOR TIME AND MATERIAL SERVICES Fees for the field sampling program will be based on the actual time and other direct costs expended but not to exceed amount shown. A.8 Field Sampling Program $80,136.00 END OF SCHEDULE B. -32- A DA T M No. C NOV 1 4 2000 PG. J3 SCHEDULE C PROJECT SCHEDULE Time of Completion The CONSULTANT will complete Tasks 1 to 7 and submit the Draft Final report within 28 weeks from the notice to proceed. The final report will be submitted two weeks after receiving the OWNER's comments. The schedule is based on two week review and comment period for all submittals to the OWNER. Weeks from Notice to Proceed Task 1 — Draft Sampling Program Data Collection 6 Task 2 — Submit Sampling Program Report 9 Develop Sampling Program Conduct Field Sampling Program 15 Task 3 — Draft Problem Identification Report 18 System Modeling Workshop with County Staff 19 Final Report 23 Task 4 — Final Problem Identification Report 23 Liquid Stream Treatment Evaluation Air Stream Treatment Evaluation 23 O & M Evaluation 23 Task 5 — Draft Treatment Evaluation 9 Task 6 — Meeting O & M Review Committee (Two Meetings) 24 Draft Final Report Task 7 — Task Concurrent with Task 2 Draft Sampling Report 28 Workshop /Final Report Task 8 — Submit Draft Final Report 28 Task 9 — Submit Final Report END OF SCHEDULE C. AGM� r n No. J e oz -33- NOV 1 4 2000 PG..�G SCHEDULE D INSURANCE COVERAGE (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverages shall be maintained without interruption from the date of commencement of the work until the date of completion and acceptance of the Project by the Owner or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the Owner shall be filed with the Owner within ten (10) calendar days after Notice of Award is received by Contractor /Consultant/ Professional. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the Owner. (5) All insurance coverages of the Contractor /Consultant/Professional shall be primary to any insurance or self insurance program carried by the Owner applicable to this Project. (6) The acceptance by Owner of any Certificate of Insurance does not constitute approval or agreement by the Owner that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. A MGA T M no . L' -34- Nov 1 4 2000 PG. &7 (7) Contra ctor /Consultant/ProfessionaI shall require each of its subcontractors to procure and maintain, until the completion of the subcontractor's work, insurance of the types and to the limits specified in this Section unless such insurance requirements for the subcontractor are expressly waived in writing by the Owner. (8) Should at any time the Contractor /Consultant/Professional not maintain the insurance coverages required herein, the Owner may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the Contractor for such coverages purchased. The Owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the Owner to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Contract Documents. (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the Contractor / Consultant / Professional shall furnish to the County, in triplicate, renewal or replacement Certificate(s) of Insurance not later than thirty (30) calendar days prior to the date of their expiration. Failure of the Contractor to provide the County with such renewal certificate(s) shall be . considered justification for the County to terminate the Agreement. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? (check one) _,Li Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the Contractor /Consultant/ Professional during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: -35- NO. NOV 1 4 200 PG. �� a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability (check one) $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee _ ✓_ $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive its Rights of Subrogation against the Owner and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. 24 (check one) Applicable _ ✓_ Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. 24 (check one) Applicable _✓_ Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? (check one) _ ✓_ Yes No -36- AGING E NOV 1 4 2000 { PG. 9 (1) Commercial General Liability Insurance shall be maintained by the Contractor /Consultant/Professional. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the Owner of the work under this Agreement. Limits of Liability shall not be less than the following: 24 (check one) General Aggregate $300,000 Products /Completed Operations Aggregate $300,000 Personal and Advertising Injury $300,000 Each Occurrence $300,000 Fire Damage $ 50,000 General Aggregate $500,000 Products /Completed Operations Aggregate $500,000 Personal and Advertising Injury $500,000 Each Occurrence $500,000 Fire Damage $ 50,000 General Aggregate $1,000,000 Products /Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence $1,000,000 Fire Damage $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." -37- AGC NGA � N� N0. / NOV 1 4 2000 Pc. 46 (3) If the General Liability insurance required herein is issued or renewed on a "claims made" basis, as opposed to the 'occurrence" form, the retroactive date for coverage shall be no later than the commencement date of the Project and shall provide that in the event of cancellation or non - renewal the Extended Reporting Period (Discovery Period) for claims shall be no less than three (3) years. (4) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the Owner. claims. (5) Coverage shall be included for explosion, collapse or underground property damage (6) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the completion of the work under this Agreement. Applicable _ ✓_ Not Applicable (7) Aircraft Liability coverage shall be carried at limits of $2,000,000 each occurrence if applicable to the completion of the work under this Agreement. Applicable _ ✓_ Not Applicable AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? (check one) _Z_ Yes No AGCmb* I CM No. / a -38- NOV 1 4 2GG01 PG. �/ (1) Automobile Liability Insurance shall be maintained by the Contractor / Consultant / Professional for the ownership, maintenance or use of any owned, non -owned or hired vehicle with limits of not less than: (check one) Bodily Injury & Property Damage - $ 500,000 _,f_ Bodily Injury & Property Damage - $1,000,000 (2) The Owner shall be named as an Additional Insured under the policy. UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor /Consultant/Professional and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. (3) The General Aggregate limit, if applicable, shall apply separately to this project and the policy shall be so endorsed. AGCnGyy TfM No.�C�' -39- NOV 1 4 2000 PG. _ PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? 24 (check one) _,C_ Yes No (1) Professional Liability Insurance shall be maintained by the Consultant/Professional to insure its legal liability for claims arising out of the performance of professional services under this Agreement. Such insurance shall have limits of not less than: (Check One) $ 500,000 each claim and in the aggregate _ ✓_ $1,000,000 each claim and in the aggregate $2,000,000 each claim and in the aggregate $ each claim and in the aggregate (2) Any deductible applicable to any claim shall be the sole responsibility of the Consultant/Professional and shall not be greater than $50,000 each claim. (3) The Consultant/Professional shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the Owner. END OF SCHEDULE D. ENOV az -40- SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Camp Dresser & McKee, Inc. hereby certifies that wages, rates and other factual unit costs supporting the compensation for the engineering services of the CONSULTANT to be provided under the Professional Services Agreement, concerning Sewer Collection Odor Control are accurate, complete and current as of the time of contracting. Standard Form Revised: January 25, 2000 Camp Dresser & McKee, Inc. BY: c Rony Joel Senior Vice President DATE: AGEKGA I Ei No.� -41- NOV 1 4 20u,l PG. EXECUTIVE SUMMARY '�JECT THE BID RECEIVED FOR BID NO. 00 -3156 AND AUTHORIZE RE- ADVERTISEMENT JF BIDS FOR THE PRODUCTION OF BEACH COMPATIBLE SAND. Objective: To obtain approval to reject the bid received for Bid No. 00 -3156 and to obtain authorization to re- advertise for bids for the production of beach compatible sand. Considerations: Sealed bids for Bid No. 00 -3156 were opened on October 25, 2000. Advertisement for bids was posted on September 25, 2000. Notices were sent to 35 vendors. Only one bid was received, that being from E. R. Jahna Industries in the amount of $316,600.00. As contained in the bid documents, the primary basis for recommending award of a contract in this regard, is the quality of the produced sand. A bulk sample of the sand to be produced was submitted with the bid. Such has been submitted to a certified testing laboratory and to the Florida Department of Environmental Protection (FDEP) to determine if it complies with the specifications and is compatible with the existing beach material. Due to time constraints associated with completing the production and placing the material on the beach prior to the start of the sea turtle nesting season and the desire to have additional sources to evaluate with respect to the quality of the material, it is being requested that this bid be rejected and authorization be provided to re- advertise for bids to enable such conditions to be met. Fiscal Impact: There is no fiscal impact associated with this action. Funds for this project is the subject of a TDC grant application scheduled for consideration by the Tourist Development Council on November 20, 2000. Gowth Management Impact: There is no impact to the Growth Management Plan related to this action. Recommendation: That the Board of County Commissioners: 1. Reject the bid received from E. R. 3ahna Industries for Bid No. 00 -3156, Production of Beach Compatible Sand. 2. Authorize the staff to re- advertise for bids. Prepared by: Harry Huber, Project Manager III Department of Parks and Recreation Reviewed by: Reviewed by:_ Approved by. Gwen Butler,"Acting Director Purchasing Department Marla Ramsey, Dire4 Department of Parks Leo Ochs Public Se Division Recreation Date: // • Z • 00 Date: � � -2 Date://- Z-e'<'_' tn .c a � c o U c V R N � Q :4+ O y C U O v � O w by L. a � F a; 0 N O N O G U i U Q V5 w U bD U a O o .9, TO �CS :: O 0'O C cq d9. la .:: '....:':':. ... .... . ... ::,....' 0 m a oen Item .I OV 14 2000 P9. -- --____ .c a � c o U c V R N � Q :4+ O y C U O v � O w by L. a � F 0 m a oen Item .I OV 14 2000 P9. -- --____ EXECUTIVE SUMMARY APPROVE THE REAPPROPRIATION OF FUNDS FOR THE PURCHASE OF BEACH CLEANING EQUIPMENT Objective: To reappropriate funds from FY 99/00 for use in FY 00/01 to purchase a vehicle associated with the beach cleaning operation. Considerations: Funds in the amount of $33,800.00 were appropriated in the budget for FY 99/00 for the purchase of vehicles for the use by the equipment operators performing beach cleaning operations. Such funds were unencumbered during FY 99/00 and are necessary for the purchase of the vehicles at this time. Therefore, it is being requested that approval be granted to reappropriate these funds in the budget of FY 00/01 for this purpose. Fiscal Impact: The total amount of the funds to be reappropriated is $33,800.00. Such is available in the additional carry forward from FY 99/00. Approval of a budget amendment is necessary whereby funds would be transferred from the reserves of Fund 195 to Project Number 10265 for this purpose. Growth Management Impact: There is no impact to the Growth Management Plan related to this action. Recommendation: That the Board of County Commissioners: 1. Approve the reappropriation of funds from FY 99/00 for use in FY 00 /01 to purchase beach cleaning equipment. 2. Approve the necessary budget amendment. Prepared by: r�L? Date: 1 • Z • 00 Harry Huber, Project Manager III Department of Parks and Recreation Reviewed by: I' I y 6%' �� ?G ' Date: !l ' Z Marla Ramsey, director Department of Parks and Recreation Approved by: Date: Leo Ochs Jr., Ad ' istrator Public Services Di / sion A go _ 3 �` ----� No.— I NOV 1 4 2000 Pg. i EXECUTIVE SUMMARY APPROVAL OF A RESOLUTION AUTHORIZING COMMERCIAL PAPER LOAN FINANCING FOR CONS"' RUCTION OF THE NORTH REGIONAL LIBRARY OBJECTIVE: That the Board of County Commissioners adopt the attached Resolution authorizing a loan from the Commercial Paper Program in an amount not to exceed $6,605,000 to construct the North Regional Library. CONSIDERATIONS: One of the principal capital projects budgeted in FY 01 is the construction of a new library facility to be located in the northern portion of Collier County. This facility will become the new headquarters for the Collier County library system and includes the following amenities for patron usage: an outdoor amphitheater /central courtyard area that can seat 300 -400, a bell tower equipped with a sound system for the amphitheater, a reading solarium with comfortable seating and large gas fireplace, a coffee bar, forty public computers and a computer training lab for citizens and staff, and a large children's library. Current cash available in the Library Impact Fee Fund (355) is insufficient to fund the construction on a cash basis. As such, a financing mechanism is necessary for this project. The proposed financing allows for the construction on said library to commence during the month of December 2000.. The proposed financing arrangement is short -term in nature and will be replaced by permanent financing when the construction is complete. This financing arrangement was reviewed and approved unanimously by the Finance Committee and the Board's Financial Advisor. FISCAL IMPACT: The total project cost for the North Regional Library, including books and furnishings, is $8.180,700. The FY 01 adopted budget in the Library Impact Fee Fund (355) included 57,041.400 for the construction and outfitting of this facility and required loan proceeds of $5,464,400 with the remaining $1,577,000 funded from impact fee collections. The difference between budgeted and actual project costs is $1,139,300. The initial budget figure was a preliminary estimate developed during the budget process, prior to actual cost data provided by Kraft Construction. The cost differential is also reflective of the current market conditions for large, commercial construction projects and the style of building selected (no interior load- bearing walls that could easily be reconfigured at a future date, if necessary). A loan in an amount not to exceed $6,605,000 that shall be repaid with moneys derived from a covenant to budget and appropriate legally available non -ad valorem revenues. While the pledged revenue is legally available non -ad valorem revenues, in actuality the revenue source for the loan repayment will be library impact fees. Estimated annual debt service in year one, based on a 10 -year amortization, is $986,000. GROWTH MANAGEMENT IMPACT: The new headquarters library is a budgeted project in the Capital Improvement Element of the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution authorizing a not to exceed loan amount of $6,605,000 from the Commercial Paper Program as the funding source for the construction of the North Regional Library, and approve the associated budget amendments. Prepared By: ��4C d ---�' Date: �' (� " 00 Michael Smykowski Collier County OMB Qir(ectp�r Reviewed By: �' Date: Leo . Ochs, Jr. Public Services Admin6 or Approved By: Date: Thomas W. 011iff County Manager No. 1 to :r NOV 14 2000 RESOLUTION NO. A RESOLUTION OF THE BC.:kRD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE BORROWING OF NOT EXCEEDING $6,605,000 FROM THE POOLED COMMERCIAL PAPER LOAN PROGRAM OF THE FLORIDA LOCAL GOVERNMENT FINANCE COMMISSION PURSUANT TO THE TERMS OF THE LOAN AGREEMENT BETWEEN THE COMMISSION AND THE COUNTY IN ORDER TO FINANCE THE ACQUISITION AND CONSTRUCTION OF THE NORTH REGIONAL LIBRARY LOCATED WITHIN THE COUNTY; AUTHORIZING THE EXECUTION OF A LOAN NOTE OR NOTES TO EVIDENCE SUCH BORROWING; AGREEING TO SECURE SUCH LOAN NOTE OR NOTES WITH A COVENANT TO BUDGET AND APPROPRIATE LEGALLY AVAILABLE NON -AD VALOREM REVENUES AS PROVIDED IN THE LOAN AGREEMENT; AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH OTHER DOCUMENTS AS MAY BE NECESSARY TO EFFECT SUCH BORROWING; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION 1. DEFINITIONS. Unless the context of use indicates another meaning or intent, the following words and terms as used in this Resolution shall have the following meanings. Capitalized terms not defined herein shall have the meanings ascribed thereto in the hereinafter defined Loan Agreement. "Act" means, collectively, Part I, Chapter 125, Florida Statutes, Part I, Chapter 163, Florida Statutes, and all other applicable provisions of law. "Additional Payments" means the payments required to be made by the County pursuant to Sections 5.02(b), 5.02(c), 5.02(d), 5.05 and 6.06(e) of the Loan Agreement. "Board" means the Board of County Commissioners of the County. AGENDA!T M No. 3 N 0 V 14 2000 Pg._ Z "Chairman" means the Chairman or Vice Chairman of the Board, and such other person as may be duly authorized to act on his or her behalf. "Clerk" means the Clerx of the Circuit Court for the County, ex- officio Clerk of the Board, and such other person as may be duly authorized to act on his or her behalf. "Commission" means the Florida Local Government Finance Commission, and any assigns or successors thereto. "County" means Collier County, Florida, a political subdivision of the State of Florida. "County Administrator" means the County Administrator of the County and such other person as may be duly authorized to act on his or her behalf. "Designated Revenues" means (1) Public Agency Moneys budgeted and appropriated for purposes of payment of the Loan Repayments and any other amounts due under the Loan Agreement, and (2) the proceeds of the Loan pending the application thereof. "Draw Date" has the meaning set forth in the Loan Agreement. "Finance Director" means the Director of Finance and Accounting and such other person as may be duly authorized to act on his or her behalf. "Loan No. A -18 -1" means the Loan designated as "Loan No. A -18 -1" the proceeds of which are to be used to finance Project A -18. "Loan" means the loan to be made by the Commission to the County from proceeds of the Series A Notes in accordance with the terms of this Resolution and of the Loan Agreement. "Loan Agreement" means the Loan Agreement, dated as of April 12, 1991, between the County and the Commission, as amended and supplemented and as the same may be further amended and supplemented. "Loan Rate" has the meaning set forth in the Loan Agreement. "Loan Repayments" or "Repayments" means the payments ofprincipal and interest at the Loan Rate on the Loan amounts payable by the County pursuant to the provisions of 2 AGENDA !TE No. 1(o 03 NOV 1 4 2000 Pg. 3 the Loan Agreement and all other payments, including Additional Payments, payable by the County pursuant to the provisions of the Loan Agreement. "Non -Ad Valorem Revenues" means all legally available revenues of the County derived from any source whatsoever other than ad valorem taxation on real and personal property, which are legally available to make the Loan Repayments required in the Loan Agreement, but only after provision has been made by the County for the payment of services and programs which are for essential public purposes affecting the health, welfare and safety of the inhabitants of the County or which are legally mandated by applicable law. "Program" means the Pooled Commercial Paper Loan Program established by the Commission. "Project A -18" means the costs and expenses relating to the acquisition and construction of the North Regional Library located within the County, as the same may be amended or modified from time to time, all as more particularly described in the plans and specifications on file with the County. "Public Agency Moneys" shall mean the moneys budgeted and appropriated by the County for payment of the Loan Repayments and any other amounts due hereunder from Non -Ad Valorem Revenues pursuant to the County's covenant to budget and appropriate such Non -Ad- Valorem Revenues contained in Section 6.04 of the Loan Agreement. "Resolution" means this Resolution, as the same may from time to time be amended, modified or supplemented. "Series A Notes" means the Commission's Pooled Commercial Paper Notes, Series A (Governmental Issue), to be issued from time to time by the Commission. The terms "herein," "hereunder," "hereby," "hereto," "hereof," and any similar terms, shall refer to this Resolution; the term "heretofore" shall mean before the date of adoption of this Resolution; and the term "hereafter" shall mean after the date of adoption of this Resolution. Words importing the masculine gender include every other gender. Words importing the singular number include the plural number, and vice versa. SECTION 2. AUTHORITY FOR RESOLUTION. This Resolution is adopted pursuant to the provisions of the Act. AGENDA lTE.M 3 r J 0 V 14 2000 pg.—_4 SECTION 3. FINDINGS. It is hereby ascertained, determined and declared that: (A) The Commission has been established fn: the principal purpose of issuing commercial paper notes in order to provide funds to loan to public agencies, such as the County, desiring to finance and refinance the cost of acquiring, constructing and equipping capital improvements and to finance and refinance other governmental needs. (B) In furtherance of the foregoing, the Commission shall issue, from time to time, commercial paper notes to be known as "Florida Local Government Finance Commission Pooled Commercial Paper Notes, Series A (Governmental Issue)" and shall loan the proceeds of such Series A Notes to public agencies, including the County. (C) Pursuant to the authority of the Act, the Commission has agreed to loan, from time to time, to the County such amounts as shall be authorized herein and in the Loan Agreement in order to enable the County to finance, reimburse or refinance the cost of acquisition, construction and equipping of capital improvements. (D) There is presently a need by the county to finance Project A -18 and the most cost - effective means by which to finance Project A -18 is by the use of moneys obtained pursuant to the Program by means of the Loan. (E) The County hereby determines that the provision of funds by the Commission to the County in the form of Loan No. A -18 -1 pursuant to the terms of the Loan Agreement and the financing of Project A -18 will assist in the development and maintenance of the public welfare of the residents of the County, and shall serve a public purpose by improving the health and living conditions, and providing governmental services, facilities and programs and will promote the most efficient and economical development of such services, facilities and programs. (G) Loan No. A -18 -1 shall be repaid solely from the Designated Revenues. Such Designated Revenues shall include moneys derived from a covenant to budget and appropriate legally available Non -Ad Valorem Revenues. The ad valorem taxing power of the County will never be necessary or authorized to make the Loan Repayments. (H) Due to the potential volatility of the market for tax- exempt obligations such as the Note or Notes to be issued evidencing Loan No. A -18 -1, the complexity of the transactions relating to such Note or Notes and the uniqueness of the Program, it is in the best interest of the County to deliver the Note or Notes to the Commission pursuant to the Program by a negotiated sale pursuant to Section 218.385(1), Florida Statutes, allowing the County to utilize the Program in which it participates from time to time and to enter the 4 AGENDA ITEM No. & 0 ci) NOV 1 4 2000 Pg. market at the most advantageous time, rather than at a specified advertised date, thereby permitting the County to obtain the best possible price, issuance costs and interest rate for such Note or Notes. SECTION 4. TERMS OF LOANS. The County hereby approves of Loan No. A -18 -1 in the aggregate amount of not exceeding $6,605,000 for the purpose of providing the County with sufficient funds to finance Project A -18. The Chairman and the Clerk are hereby authorized to execute, seal and deliver on behalf of the County a Loan Note or Notes with respect to Loan No. A -18 -1 and other documents, instruments, agreements and certificates necessary or desirable to effectuate Loan No. A -18 -1 as provided in the Loan Agreement. The Loan Note or Notes with respect to Loan No. A -18 -1 shall reflect the terms of such Loan and shall be substantially in the form attached to the Loan Agreement as Exhibit I. The Finance Director shall make the Draw Request or Requests with respect to Loan No. A -18 -1 in accordance with the terms of the Loan Agreement at such time as shall be determined by the Finance Director as appropriate to finance Project A -18 and is permitted by the Loan Agreement. Loan No. A -18 -1 shall mature in accordance with the provisions described in Schedule I attached hereto or in such other amounts and at such other times as the Finance Director may determine. Loan No. A -18 -1 shall bear interest at the Loan Rate in accordance with the terms of the Loan Agreement. The County further agrees to make all Loan Repayments required of it pursuant to the terms of the Loan Agreement. The Letter of Credit fees for Loan No. A -18 -1 shall be 30 basis points or such other amount as First Union National Bank and the Finance Director shall agree. SECTION 5. AUTHORIZATION OF PROJECT A -18. The County does hereby authorize the acquisition and construction of Project A -18. SECTION 6. SECURITY FOR THE LOAN. The County's obligation to repay Loan No. A -18 -1 will be secured by a pledge of and lien upon the Designated Revenues in accordance with the terms of the Loan Agreement. The obligation of the County to repay Loan No. A -18=1 shall not be deemed a pledge of the faith and credit or taxing power of the County and such obligation shall not create a lien on any property whatsoever of or in the County other than the Designated Revenues. SECTION 7. GENERAL AUTHORITY. The members ofthe Board and the officers, attorneys and other agents or employees of the County are hereby authorized to do all acts and things required of them by this Resolution and the Loan Agreement, or desirable or consistent with the requirements of this Resolution and the Loan Agreement, for the full punctual and complete performance of all the terms, covenants and agreements contained in this Resolution and the Loan Agreement, and each member, employee, attorney and officer of the County or its Board is hereby authorized and directed to execute and deliver any and AGENDA 11T 5 No.-,/ L__0 L3 N 0 V 14 2000 Pg._L ___..___.. all papers and instruments and to do and cause to be done any and all acts and things necessary or proper for carrying out the transactions contemplated by this Resolution and the Loan Agreement. SECTION 8. SEVERABILITY. If any one or more of the covenants, agreements or provisions herein contained shall be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining covenants, agreements or provisions and shall in no way affect the validity of any of the other provisions hereof. SECTION 9. REPEAL OF INCONSISTENT RESOLUTIONS. All resolutions or parts thereof in conflict herewith are hereby superseded and repealed to the extent of such conflict. SECTION 10. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. DULY ADOPTED this 10th day of October, 2000. (SEAL) ATTEST: Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Chairman 0 AGENDA ET�M No. — /(2_ N 0 V 14 2000 Pg'___7 4 SCHEDULE I PROPOSED LOAN REPAYMENT SCHEDULE The principal of Loan No. A -18 -1 shall be repaid as follows: December 6, 2005 $6,605,000 Interest on the Loan shall be paid monthly in accordance with the terms and provisions of the Loan Agreement. Additional Payments shall also be made in accordance with the Loan Agreement. AGENDA IT No.- /6__ ) N 0 v 14 2000 Pg� EXECUTIVE SUMMARY AWARD CONTRACT FOR ARCHITECTURAL SERVICES FOR THE DESIGN OF THE DEVELOPMENT SERVICES BUILDING ADDITION AND PARKING GARAGE, RFP # 00 -3070. OBJECTIVE: To Award RFP # 00 -3070, design of the Development Services Building addition and parking garage to Barany Schmitt Summers Weaver and Partners, Inc. CONSIDERATIONS: On August 1, 2000, the Board approved the short list for architectural services for the design of the Development Services building addition and parking garage and authorized staff to negotiate a Professional Services Agreement with the top ranked firm, Barany Schmitt Summers Weaver and Partners, Inc. The total not to exceed fee negotiated with Barany Schmitt Summers Weaver and Partners, Inc. for design services for the building addition and parking garage is $703,895.00 (which is 7.4% of the Project Budget of $9,500,000). FISCAL IMPACT: The total Project Budget is $9,500,000 in the fee supported Community Development Fund 113. The FY 01 budget was based on a $3,500,000 commercial paper loan for the Project with the balance funded by permit fees. GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Growth Management Plan. RECOMMENDATIONS: That the Board award RFP # 00 -3070 to Barany Schmitt Summers Weaver and Partners, Inc. and authorize the Chairman to sign an agreement with Barany Schmitt Summers Weaver and Partners, Inc. after review by the County Attorney's Office. PREPARED BY: DATE: - J4a Crognale, Const uction Manager epartment of Facilities Management REVIEWED BY: e:z Daniel Rodriguez, Acting DirWK Department of Facilities management REVIEWED BY: Gwen Butler, Interim Director Purchasing Department DATE : Sri DATE: AGENDA ITEM No. NOV 1 4 2000 Pg. / Executive Summary continued RFP # 00 -3070 Architectural Services for the Design of the Development Services Building and Parking Garage Page 2 of 2 REVIEWED BY: 1 I DATE: iD -�3-pa J Dunnuck, Interim Administrator Community Development and Environmental Services Division REVIEWED BY: '�1 ` ` L DATE: r i Jo -Anne Varcoe - Leamer, Administrator Support Services Division AGENDA ., (�r - -1- ITEM No - N O V 1 4 2000 pg. g-- _ EXECUTIVE SUMMARY REQUEST BOARD APPROVAL TO UPGRADE THE DIGITAL COMPONENT OF THE 800 MHz RADIO SYSTEM AND TO APPROVE A RESOLUTION AUTHORIZING COMMERCIAL PAPER LOAN FINANCING. OBJECTIVE: To upgrade the digital component of the 800 MHz radio system and to approve a resolution authorizing Commercial Paper Loan financing. CONSIDERATIONS: On October 26, 1994, the Board approved contract 94 -2201 with Ericsson Inc., now Com -Net Ericsson, for construction of the 800 MHz trunked radio system. The contract included the digital dispatch option and subsequent to contract award, public safety users opted to purchase digital end user equipment. Digital technology in 1995 was still evolving and the level of service provided did not meet user expectations. Collier County has worked with the system vendor to improve digital performance and to protect the investment made by Collier County and the public safety community. The new generation of digital technology, IMBE, is now available. IMBE digital technology is a non - proprietary technology that has been accepted as the industry standard for digital voice processing and is used by multiple vendors. The County's 800 MHz system vendor's digital technology incorporating IMBE is known as ProVoice. This proposal will upgrade or replace existing digital components to ProVoice technology. County staff is recommending this proposal for the following reasons: IMBE ProVoice will provide the Public Safety users a significant improvement in communications capabilities and security. Additionally, IMBE ProVoice provides an improved level of performance over current analog communication. Upgrading digital functionality to IMBE ProVoice on a department by department basis would fragment Public Safety communications. IMBE ProVoice is the desired choice of Public Safety users; law enforcement, fire and emergency services. • County staff has negotiated significant price concessions from the system vendor. These concessions include a complete credit for the original cost of digital equipment and a credit recognizing the residual value of equipment being replaced before its normal life expectancy. Without these price concessions, the IMBE upgrade would cost the General Fund $2.3 million or $700,000 more than this proposal. Outlined below is a summary of digital uparade costs: 1994 Aegis Digital Cost includes Dispatch ProVoice Digital Upgrade — standard government pricing Credits and discounts I— Total Net ProVoice Pricing $ 839,579.00 $ 2,972,536.50 $ (1,410,536.00) $ 1,562,000.00 AGENDA ITEM N 0 V 1 4 2000 Pg. / ___ R Executive Summary Page 2 This upgrade includes both replacement radio equipment and technical services to modify existing equipment. FISCAL IMPACT: This project was anticipated and budgeted in FY 00 -01. The cost of the digital upgrade is $1,562,000. The Finance Committee has recommended that this upgrade be funded through a loan from the Commercial Paper Loan program not to exceed $1,565,000, that shall be repaid with funds derived from a covenant to budget and appropriate legally available non -ad valorem revenues. The estimated annual debt service, assuming a five -year amortization, is approximately $387,400 of which $313,000 is principal and $74,400 is interest. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact. RECOMMENDATION: That the Board of County Commissioners: • Authorize upgrading the digital component of the 800 MHz radio system and associated equipment as approved in the FY 01 budget Countywide CIP Fund (301). • Adopt the attached Resolution authorizing a loan in an amount not to exceed $1,565,000 from the Commercial Paper Loan Program as the funding source for the digital upgrade. • Authorize the Chairman to execute a contract with the vendor following review by the County Attorney's Office. • Authorize necessary Budget Amendments. PREPARED BY: John Daly, Radio Communications Manager Date Information Technology Department REVIEWED BY: Skip Camp, Interim Information Technology Director Date REVIEWED BY:_ -:16 1. t Jo -Anne Varcoe - Leamer, Support Services Administrator Date Support Services Division 7 a . D�j A� a NOV 1 4 2000 P9•� EXECUTIVE SUMMARY TO ALLOW ALL COMPUTERS DECLARED SURPLUS AS A RESULT OF THE PC REPLACEMENT PROGRAM TO BE SOLD TO EMPLOYEES OF THE BOARD AS LONG AS EACH INDIVIDUAL SALE DOES NOT EXCEED $5,000.00. OBJECTIVE: To allow all computers declared surplus as a result of the PC Replacement Program to be sold to employees of the Board as long as each individual sale does not exceed $5,000.00. CONSIDERATION: On October 21, 2000, pursuant to Florida State Statutes, Chapter 274.06, the Board of County Commissioners authorized the surplus of computers being replaced by the PC Replacement Program. Further, the Board authorized the Purchasing Department to offer the surplus computers to Board employees on a fixed price, "as is" basis. Staff had planned to limit sales of the surplus computers to $5,000 total, with the balance of the units to be sold at the next public auction. Upon further review of the Florida State Statute, it has been determined that the $5,000.00 restriction applies to each unit being sold instead of to the entire lot. Prices will range from $26.00 to $57.00 plus sales tax. Therefore, staff requests approval to sell the entire surplus computer inventory to Board employees should demand warrant. 1SCAL IMPACT: The net revenues received from the sale will be credited to the appropriate funds. GROWTH MANAGEMENT IMPACT: This will not have any impact on Growth Management. RECOMMENDATION: That the Board of County Commissioners authorize sale of all the surplus computers that are being replaced as a result of the PC Replacement Program to Board employees as long as each individual sale does not exceed $5,000.00. SUBMITTED BY: nnLy-�:( -c-� —�� ;-�1,`l Date: Rhonda L. Tibbetts, Purchasing Agent II Purchasing Department REVIEWED BY ��l Ll� �`'� � <� Date: I ioZ) Stephen Y. Carnell, Director Purchasing Department APPROVED BY: Jo -An Varcoe- Leamer, Administrator �. Support Services Division Date: —11 I'l (c O E A IT 4 2000 _._L_ _ a EXECUTIVE SUMMARY APPROVAL OF STATEWIDE MUTUAL AID AGREEMENT BETWEEN COLLIER COUNTY AND THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS OBJECTIVE: To gain Board approval by executing and accepting the attached Resolution and Statewide Mutual Aid Agreement for reciprocal catastrophic emergency response and recovery assistance between Collier County, other Florida counties, municipalities, independent special districts and the Florida Department of Community Affairs. CONSIDERATION: Recent hurricanes, floods and wildfires in Florida have made it very clear that no jurisdiction can respond to a catastrophic event without assistance from other jurisdictions. According to Federal Emergency Management Agency guidelines, no assisting jurisdiction may receive remuneration for its services without a formal mutual aid agreement between the two jurisdictions. The Board of County Commissioners approved a prior Agreement and Resolution, 94 -271, on October 14, 1994, which this Agreement supercedes. The attached Agreement expands the scope to include the more than 900 independent special districts, as well as, the 67 counties and 400 plus municipalities within Florida. In addition to the inclusion of the independent special districts, the Agreement makes use of binding arbitration to settle billing disputes between parties, and forbids participating parties to hire employees in violation of the employment restrictions in the Immigration and Nationality Act, as amended. By signing the Agreement, the County is not obligated to provide mutual aid if the County is not capable of providing the support. The Agreement provides procedures for accessing or responding to requests for mutual aid, defines reimbursable expenses, provides insurance requirements, indemnification, and severability. The Division of Emergency Management, Florida Department of Community Affairs will serve as the central repository for executed Agreements and will provide, at least annually, a listing of participating jurisdictions along with their authorized representatives and contact information. FISCAL IMPACT: There is no fiscal impact. GROWTH MANAGEMENT IMPACT: There is no growth management impact. =L) RECOMMENDATION: That the Board of County Commissioners approve the attached Resolution and Agreement between Collier County and other counties, municipalities, independent special districts and the State of Florida, Department of Community Affairs for Statewide Mutual Aid for catastrophic emergency response and recovery assistance resulting from natural or technological disasters. SUBMITTED BY: Ica..— Date: .j�OC'7' 20a? kvi3neth F. Pineau, Emergency Management Director APPROVED BY: 9VO4O !4 Date: a � D Thomas Storrar, Emergency Services Administrator Na 1bN TEM NOV 14 2000 Pg. ai July 31, 2000 STATEWIDE MUTUAL AID AGREEMENT This Agreement between the DEPARTMENT OF COMMUNITY AFFAIRS, State ofFlorida (the "Department'), and all the local governments signing this Agreement (the "Participating Par- ties'l is based on the existence of the following conditions: A. The State of Florida is vulnerable to a wide range of disasters that are likely to cause the disruption of essential services and the destruction of the infrastructure needed to deliver those services. B. Such disasters are likely to exceed the capability of any one local government to cope with the disaster with existing resources. C. Such disasters may also give rise to unusual technical needs that the local government may be unable to meet with existing resources, but that other local governments may be able to offer. D. The Emergency Management Act, as amended, gives the local governments of the State the authority to make agreements for mutual assistance in emergencies, and through such agreements to ensure the timely reimbursement of costs incurred by the local governments which render such assistance. E. Under the Act the Department, through its Division of Emergency Management (the "Division "), has authority to coordinate assistance between local governments during emergencies and to concentrate available resources where needed. AGE D ITEM No. 16 I NOV 14 2000 pg. 3 July 31, z000 F. The existence in the State of Florida of special districts, educational districts, and other regional and local governmental entities with special functions may make additional resources available for use in emergencies. Based on the existence of the foregoing conditions, the parties agree to the following: ARTICLE I. Definiti ons. As used in this Agreement, the following expressions shall have the following meanings: A. The "Agreement" is this Agreement, which also may be called the Statewide Mutual Aid Agreement. B. The "Participating Parties" to this Agreement are the Department and any and all special districts, educational districts, and other local and regional governments signing this Agreement. C. The "Department'7 is the Department of Community Affairs, State of Florida. D. The "Division" is the Division of Emergency Management of the Department. E. The "Requesting Parties" to this Agreement are Participating Parties who request assistance in a disaster. F. The "Assisting Parties" to this Agreement are Participating Parties who render assistance in a disaster to a Requesting Party. 2 No AGENDA REM NOY 14 2000 Pg. y *# %* July 31, 2000 G. The "State Emergency Operations Center" is the facility designated by the State Coordinating Officer for use as his or her headquarters during a disaster. H. The "Comprehensive Emergency Management Plan" is the biennial Plan issued by the Division in accordance with § 252.35(2)(a), Fla. Star. (1999). I. The "State Coordinating Officer" is the official whom the Governor designates by Executive Order to act for the Governor in responding to a disaster, and to exercise the powers of the Governor in accordance with the Executive Order and the Comprehensive Emergency Management Plan. J. The "Period of Assistance" is the time during which any Assisting Party renders assistance to any Requesting Party in a disaster, and shall include both the time necessary for the resources and personnel of the Assisting Party to travel to the place specified by the Requesting Party and the tirrie. necessary to return them to their place of origin or to the headquarters of the Assisting Party. K. A "special district" is any local or regional governmental entity which is an in- dependent special district within the meaning of § 189.403(1), Fla. Stat. (1999), regardless of whether established by local, special, or general act, oT by rule, ordinance, resolution, or interlocal agreement. L. An "educational district" is any School District within the meaning of § 230.01, 3 No ITEM NOV 14 2000 Pg. July 31, 2000 *ri Fla. Stat. (1999), or any Community College District within the meaning of § 240.313 (1), Fla. Stat. (1999). M.. An "interlocal agreement" is any agreement between local governments within the meaning of § 163.01(3)(a), Fla. Stat. (1999). N. A "local government" is any educational district and any entity that is a "local governmental entity" within the meaning of § 11.45(l)(d), Fla. Stat. (1999). O. Any expressions not assigned definitions elsewhere in this Agreement shall have the definitions assigned them by the Emergency Management Act, as amended. ARTICLE H. Applicability of the Agreement. A Participating Party may request assistance under this Agreement only for a major or catastrophic disaster. If the Participating Parry has no other mutual aid agreement that covers a minor disaster, it may also invoke assistance under this Agree- ment for a minor disaster. ARTICLE III. Invocation of the Agreement. In the event of a disaster or threatened disaster, a Participating Party may invoke assistance under this Agreement by requesting it from any other Participating Party or from the Department if, in the judgment of the Requesting Party, its own resources are inadequate to meet the disaster. A. Any request for assistance under this Agreement may be oral, but within five (5) days must be confirmed in writing by the Director of Emergency Management for the County AGENDA ITEM 4 No. NOV 14 2000 Pg. C7 400 %* July 31, 2000 t 19 4ft of the Requesting Parry, unless the State Emergency Operations Center has been activated in response to the disaster for which assistance is requested. B. All requests for assistance under this Agreement shall be transmitted by the Director of Emergency Management for the County of the Requesting Party to either the Di- vision or to another Participating Party. If the Requesting Party transmits its request for Assistance directly to a Participating Party other than the Department, the Requesting Party and Assisting Party shall keep the Division advised of their activities. C. If any requests for assistance under this Agreement are submitted to the Division, the Division shall relay the request to such other Participating Parries as it may deem ap- propriate, and shall coordinate the activities of the Assisting Parties so as to ensure timely assistance to the Requesting Party. All such activities shall be carried out in accordance with the Comprehensive Emergency,Management Plan. D. Notwithstanding anything'to the contrary elsewhere in this Agreement, nothing in this Agreement shall be construed to allocate liability for the costs of personnel, equip- ment, supplies, services and other resources that are staged by the Department or by other agencies of the State of Florida for use in responding to a disaster pending the assignment of such personnel, equipment, supplies, services and other resources to a mission. The docu- mentation, payment, repayment, and reimbursement of all such costs shall be rendered in 5 NOV 14 2000 *# % * July 31, 2000 t1v4wi accordance with the Comprehensive Emergency Management Plan. ARTICLE IV. Responsibilities of Requesting Parties. To the extent practicable, all Re- questing Parties seeking assistance under this Agreement shall provide the following information to the Division and the other Participating Parties. In providing such information, the Requesting Party may use Form B attached to this Agreement, and the completion of Form B by the Requesting Party shall be deemed sufficient to meet the requirements of this Article: A. A description of the damage sustained or threatened; B. An identification of the specific Emergency Support Function or Functions for which such assistance is needed; C. A description of the specific type of assistance needed within each Emergency Support Function; D. A description of the types of personnel, equipment, services, and supplies needed for each specific type of assistance, with an estimate of the time each will be needed; E. A description of any public infrastructure for which assistance will be needed; F. A description of any sites or structures outside the territorial jurisdiction of the Requesting Party needed as centers to stage incoming personnel, equipment, supplies, services, or other resources; AOEND ITEM No. 16 F 6 NOV 14 2000 Pg. July 31, 2000 .400 %* tlu *qi G. The place, date and time for personnel of the Requesting Party to meet and receive the personnel and equipment of the Assisting Parry; and H. A technical description of any communications or telecommunications equipment needed to ensure timely communications between the Requesting Party and any Assisting Parties. ARTICLE V. Responsibilities of Assisting Parties. Each Participating Party shall render assistance under this Agreement to any Requesting Party to the extent practicable given its personnel, equipment, resources and capabilities. If a Participating Party which has received a request for assistance under this Agreement determines that it has the capacity to render some or all of such assistance, it shall provide the following information to the Requesting Party and shall transmit it without delay to the Requesting Party and the Division. In providing such information, the Assisting Party may use Form C attached to this Agreement, and the completion of Form C by the Assisting Party shall be deemed sufficient to meet the requirements of this Article: A. A description of the personnel, equipment, supplies and services it has available, together with a description of the qualifications of any skilled personnel; B. An estimate of the time such personnel, equipment, supplies, and services will continue to be available; AGENP,4. REM No. I& 7 NOV 14 2000 Pg. 0 July 31, 2000 .400 %*- t zu . 4�i C. An estimate ofthe time it will take to deliver such personnel, equipment, supplies, and services at the date, time and place specified by the Requesting Party; D. A technical description of any communications and telecommunications equip- ment available for timely communications with the Requesting Party and other Assisting Parties; and E. The names of all personnel whom the Assisting. Party designates as Supervims. ARTICLE VI. Rendition ofAssistance. After the Assisting Party has dclivered its personnel, equipment, supplies, services, or other resources to the place specified by the Requesting Party, the Requesting Party shall give specific assignments to the Supervisors of the Assisting Party, who shall be responsible for directing the performance of these assignments. The Assisting Party shall have authority to direct the manner in which the assignments are performed. In the event of an emergency that affects the Assisting Party, all personnel, equipment, supplies, services and other resources of the Assisting Party shall be subject to recall by the Assisting Party upon not less than five (5) days notice or, if such notice is impracticable, as much notice as is practicable under the circumstances. A. For operations at the scene of catastrophic and major disasters, the Assisting Party shall to the fullest extent practicable give its personnel and other resources sufficient equip- ment and supplies to make them self - sufficient for food, shelter, and operations unless the Requesting Party has specified the contrary. For minor disasters, the Requesting Party shall - AGEN04 ITEM 8 No. I& (F ) L _ NOV 14 2000 ft w July 31, 2000 .400%0 t ZU 4% be responsible to provide food and shelter for the personnel of the Assisting Parry unless the Requesting Party has specified the contrary. In its request for assistance the Requesting Parry may specify that Assisting Parties send only self - sufficient personnel or self - sufficient resources. B. Unless the Requesting Party has specified the contrary, the Requesting Party shall to the fullest extent practicable coordinate all communications between its personnel and those of any Assisting Parties, and shall determine all frequencies and other technical speci- fications for all communications and telecommunications equipment to be used. C. Personnel ofthe Assisting Party who render assistance under this Agreement shall receive their usual wages, salaries and other compensation, and shall have all the duties, re- sponsibilities, immunities, rights, interests and privileges incident to their usual employment. ARTICLE VII. Procedures for, Reimbursement. Unless the Department or the Assisting Party, as the case may be, state the contrary in writing, the ultimate responsibility for the reim- bursement of costs incurred under this Agreement shall rest with the Requesting Parry, subject to the following conditions and exceptions: A. The Department shall pay the costs incurred by an Assisting Party in responding to a request that the Department initiates on its own, and not for another Requesting Party, upon being billed by that Assisting Party in accordance with this Agreement. 9 N AGENDA, ITEM NOV 14 2000 Pg. // July 31, 2000 -40F %*- t 19 Aft B. An Assisting Party shall bill the Department or other Requesting Party as soon as practicable, but not later than thirty (30) days after the Period of Assistance has closed. Upon the request of any ofhe concerned Participating Parties, the State Coordinating Officer may extend this deadline for cause. C. If the Department or the Requesting Party, as the case may be,. protests any bill or item on a bill from an Assisting Party, it shall do so in writing as soon as practicable, but in no event later than thirty (30) days after the bill is received. Failure to protest any bill or billed item in writing within thirty (30) days shall constitute agreement to the bill and the items on the bill. D. If the Department protests any bill or item on a bill from an Assisting Party, the Assisting Party shall have thirty (30) days from the date of protest to present the bill or item to the original Requesting Partyy for payment, subject to any protest by the Requesting Party. E. If the Assisting Party cannot agree with the Department or the Requesting Party, as the case may be, to the settlement of any protested bill or billed item, the Department, the Assisting Party, or the Requesting Party may elect binding arbitration to determine its liabil- ity for the protested bill or billed item in accordance with Section F of this Article. F. If the Department or a Participating Party elects binding arbitration, it may select as an arbitrator any elected official of another Participating Party or any other official of an- AGENDA ITEM 10 No. I &, J F) I NOV 14 2000 p,;, IA *# %N41. July 31, 2000 t1v4wi other Participating Party whose normal duties include emergency management, and the other Participating Party shall also select such an official as an arbitrator, and the arbitrators thus chosen shall select another such official as a third arbitrator. G. The three (3) arbitrators shall convene by teleconference or videoconference with- in thirty (3 0) days to consider any documents and any statements or arguments by the Depart- meat, the Requesting Party, or the Assisting Party concerning the protest, and shall render a decision in writing not later than ten (10) days after the close of the hearing. The decision of a majority of the arbitrators shall bind the parties, and shall be final. H. If the Requesting Parry has not forwarded a request through the Department, or if an Assisting Party has rendered assistance without being requested to do so by the De- partment, the Department shall not be liable for the costs of any such assistance. All requests to the Federal Emergency Management Agency for the reimbursement of costs incurred by any Participating Party shall be made by and through the Department. I. If the Federal Emergency Management Agency denies any request for reimburse- ment of costs which the Department has already advanced to an Assisting Party, the Assisting Party shall repay such costs to the Department, but the Department may waive such repay- ment for cause. AOENDAITE 11 No. NOV 14 2000 a 400 July 31, 2000 ARTICLE VIII. Costs EiiQible for Reimbursement. The costs incurred by the Assisting Parry under this Agreement shall be reimbursed as needed to make the Assisting Party whole to the fullest extent practicable. A. Employees of the Assisting Party who render assistance under this Agreement shall be entitled to receive from the Assisting Party all their usual wages, salaries, and any and all other compensation for mobilization, hours worked, and demobilization. Such compensation shall include any and all contributions for insurance and retirement, and such employees shall continue to accumulate seniority at the usual rate. As between the employ- ees and the Assisting Party, the employees shall have all the duties, responsibilities, im- munities, rights, interests and privileges incident to their usual employment. The Requesting Party shall reimburse the Assisting Party for these costs of employment. B. The costs of equipment supplied by the Assisting Party shall Im- reimbursed at the rental rate established for like equipment by the regulations of the Federal Emergency Man- agement Agency, or at any other rental rate agreed to by the Requesting Party. The Assisting Party shall pay for fuels, other consumable supplies, and repairs to its equipment as needed to keep the equipment in a state of operational readiness. Rent for the equipment shall be deemed to include the cost of fuel and other consumable supplies, maintenance, service, repairs, and ordinary wear and tear. With the consent of the Assisting Party, the Requesting AGE DA ITEM 12 No. 16 � 1_ _ NOV 14 2000 Pg. July 31, 2000 .400 %* t1v 4wi Party may provide fuels, consumable supplies, maintenance, and repair services for such equipment at the site. In that event, the Requesting Party may deduct the actual costs of such fuels, consumable supplies, maintenance, and services from the total costs otherwise payable to the Assisting Party. If the equipment is damaged while in use under this Agreement and the Assisting Party receives payment for such damage under any contract of insurance, the Requesting Party may deduct such payment from any item or items billed by the Assisting Party for any of the costs for such damage that may otherwise be payable. C. The Requesting Party shall pay the total costs for the use and consumption of any and all consumable supplies delivered by the Assisting Party for the Requesting Party under this Agreement. In the case of perishable supplies, consumption shall be deemed to include normal deterioration, spoilage and damage notwithstanding the exercise of reasonable care in its storage and use. Supplies remaining unused shall be returned to the Assisting Party in usable condition upon the close of the Period of Assistance, and the Requesting Party may deduct the cost of such returned supplies from the total costs billed by the Assisting Party for such supplies. If the Assisting Party agrees, the Requesting Party may also replace any and all used consumable supplies with like supplies in usable condition and of like grade, quality and quantity within the time allowed for reimbursement under this Agreement. AC3EN ITEM 13 No. Ro IF NOV 14 2000 /!L Ano %* - July 31, 2000 t 19 11ft D. The Assisting Party shall keep records to document all assistance rendered under this Agreement. Such records shall present information sufficient to meet the audit re- quirements specified in the regulations of the Federal Emergency Management Agency and applicable circulars issued by the Office of Management and Budget. Upon reasonable notice, the Assisting Party shall make its records available to the Department and the Re- questing Party for inspection or duplication between 8:00 a.m. and 5:00 p.m. on all weekdays other than official holidays. ARTICLE IX. Insurance. Each Participating Parry shall determine for itself what insurance to procure, if any. With the exceptions in this Article, nothing in this Agreement shall be construed to require any Participating Party to procure insurance. A. Each Participating Parry shall procure employers' insurance meeting the require- ments of the Workers' Compensation Act, as amended, affording coverage for any of its em- ployees who may be injured while performing any activities under the authority of this Agreement, and shall file with the Division a certificate issued by the insurer attesting to such coverage. B. Any Participating Party that elects additional insurance affording liability cover- age for any activities that may be performed under the authority of this Agreement shall fiie with the Division a certificate issued by the insurer attesting to such coverage. 1� 14 No. 16 1 � AGENDA Iam_ NOV 14 2000 pg /& *0 %* July 31, 2000 4% C. Any Participating Parry that is self - insured with respect to any line or lines of in- surance shall file with the Division copies of all resolutions in current effect reflecting its determination to act as a self - insurer. D. Subject to the limits of such liability insurance as any Participating Parry may elect to procure, nothing in this Agreement shall be construed to waive, in whole or in part, any immunity any Participating Party may have in any judicial or quasi-judicial proceeding. E. Each Participating Party which renders assistance under this Agreement shall be deemed to stand in the relation of an independent contractor to all other Participating Parties, and shall not be deemed to be the agent of any other Participating Party. F. Nothing in this Agreement shall be construed to relieve any Participating Party of liability for its own conduct and that of its employees. G. Nothing in this Agreement shall be construed to obligate any Participating Party to indemnify any other Participating Party from liability to third parties. ARTICLE X. General Requirements. Notwithstanding anything to the contrary elsewhere in this Agreement, all Participating Parties shall be subject to the following requirements in the per- formance of this Agreement: A. To the extent that assistance under this Agreement is funded by State funds, the obligation of any statewide instrumentality of the State of Florida to reimburse any Assisting AGE D ' ITEM 15 No. 16, F NOV 14 MO Ano %* July 31, 2000 tv Parry under this Agreement is contingent upon an annual appropriation by the Legislature. B. All bills for reimbursement under this Agreement from State funds shall be sub- mitted in detail sufficient for a proper preaudit and post audit thereof. To the extent that such bills represent costs incurred for travel, such bills shall be submitted in accordance with applicable requirements for the reimbursement of state employees for travel costs. C. All Participating Parties shall allowpublic access to all documents, papers, letters or other materials subject to the requirements of the Public Records Act, as amended, and made or received by any Participating Party in conjunction with this Agreement. D. No Participating Party may hire employees in violation of the employment restric- tions in the Immigration and Nationality Act, as amended. E. No costs reimbursed under this Agreement may be used directly or indirectly to influence legislation or any other.official action by the Legislature of the State of Florida or any of its agencies. F. Any communication to the Department or the Division under this Agreement shall be sent to the Director, Division of Emergency Management, Department of Community Affairs, Sadowski Building, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399- 2100. Any communication to any other Participating Party shall be sent to the official or officials specified by that Participating Party on Form A attached to this Agreement. For the At3E ITEM 16 No._ NOV 14 2000 pg, *# % * July 31, 2000 t Wift purpose of this Section, any such communication may be sent by the U.S. Mail, may be sent by the InterNet, or may be faxed. ARTICLE XI. Effect ofAgreement. Upon its execution by a Participating Parry, this Agree- ment shall have the following effect with respect to that Participating Party: A. The execution of this Agreement by any Participating Party which is a signatory to the Statewide Mutual Aid Agreement of 1994 shall terminate the rights, interests, duties, and responsibilities and obligations of that Participating Party under that agreement, but such termination shall not affect the liability of the Participating Party for the reimbursement of any costs due under that agreement, regardless of whether billed or unbilled. B. The execution of this Agreement by any Participating Party which is a signatory to the Public Works Mutual Aid Agreement shall terminate the rights, interests, duties, responsibilities and obligations• of that Participating Party under that agreement, but such termination shall not affect the liability of the Participating Parry for the reimbursement of any costs due under that agreement, regardless of whether billed or unbilled. C. Upon the activation of this Agreement by the Requesting Party, this Agreement shall supersede any other existing agreement between it and any Assisting Party to the extent that the former may be inconsistent with the latter. AGE D ITEM 17 No. / NOV 14 2000 Pg 19 *# % + July 31, 2000 tv *�, V D. Unless superseded by the execution of this Agreement in accordance with Section A of this Article, the Statewide Mutual Aid Agreement of 1994 shall terminate and cease to have legal existence after June 30, 2001. E. Upon its execution by any Participating Party, this Agreement will continue in effect for one (1) year from its date of execution by that Participating Party, and it shall be automatically renewed one (1) year after its execution unless within sixty (60) days before that date the Participating Party notifies the Department in writing of its intent to withdraw from the Agreement. F. The Department shall transmit any amendment to this Agreement by sending the amendment to all Participating Parties not later than five (5) days after its execution by the Department. Such amendment shall take effect not later than sixty (60) days after the date of its execution by the Departnwnt, and shall then be binding on all Participating Parties. Notwithstanding the preceding sentence, any Participating Party who objects to the amend- went may withdraw from the Agreement by notifying the Department in writing of its intent to do so within that time in accordance with Section E of this Article. ARTICLE X11. Interpretation and Application of Agreement. The interpretation and appli- cation of this Agreement shall be governed by the following conditions: A. The obligations and conditions resting upon the Participating Parties under this 18 No /!a F ITEM NOV 14 2000 Pg 9Q July 31, 2000 .400 %* 4wi Agreement are not independent, but dependent. B. Time shall be of the essence of this Agreement, and of the performance of all conditions, obligations, duties, responsibilities and promises under it. C. This Agreement states all the conditions, obligations, duties, responsibilities and promises of the Participating Parties with respect to the subject of this Agreement, and there are no conditions, obligations, duties, responsibilities or promises otherthan those expressed in this Agreement. D. If any sentence, clause, phrase, or other portion of this Agreement is ruled un- enforceable or invalid, every other sentence, clause, phrase or other portion of the Agreement shall remain in full force and effect, it being the intent of the Department and the other Par- ticipating Parties that every portion of the Agreement shall be severable from every other portion to the fullest extent practicable. E. The waiver of any obligation or condition in this Agreement in any instance by a Participating Party shall not be construed as a waiver of that obligation or condition in the same instance, or of any other obligation or condition in that or any other instance. 19 NOV 14 2000 al July 31, 2000 .40 %* t1v 4wi IN WITNESS WHEREOF, the Participating Parties have duly executed this Agreement on the date specified below: DIVISION OF EMERGENCY MANAGEMENT DEPARTMENT OF COMMUNITY AFFAIRS STATE OF FLORIDA By: Director ATTEST: Dwight E. Brock, Clerk (Deputy Clerk) Date: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LM James D. Carter, Ph.D., Chairman Date: _Approved as to Form and Legal Sufficiency: QLA'%4 Patrick white, Assistant County Attorney ADEN ITEM 20 NOV 14 2000 ;Ab July 31, 2440 4wi STATEWIDE MUTUAL AID AGREEMENT FORM A Date :_ September 29, 2000 Name of Government: Collier County Mailing Address: 3301 East Tamiami Trail City, State, Zip: Naples, FL 34112 Authorized Representatives to Contact for Emergency Assistance: P ri m a rv_$,gp res en tative Name: Kenneth F. Pineau Title: Emergency Mana _gement Director Address: 3301 East Tamiami Trail, Naples, FL 34112 Day Phone: (9 41) 7 7 4 - 8 4 4 5 Night Phone: _C941) 5 3 0- -1767 TeIecopier: (941) 775 -5008 InterNet: pineauk@naples.net First Alternate Renresentative Name: Thomas Storrar Title: Emergency Sorvices Administrator Address: 3301 East Tamiami Trail, Naples, FL 34112 Day Phone: (.9 41) 732 - 2 7 6 7 Night Phone: (941)514-4028 Telecopier: (941)7754454 InterNet :tomstorrat @colliergov.net Second Alternate Representative Name: 'M; Ic 'McN e e s Title: Assistant County Manager Address: 3301 East Tamiami Trail, Naples, FL 34112 Day Phone: (.9-4 1) 7 7 4 - 8 3 8 3 Night Phone: (.9 41) 793-7880 Telecopier: (.D.41) 774 -4010 InterNet: mikemcnees @colliergov.net PLEASE UPDATE AS ELECTIONS OR APPOINTMENTS OCCUR Return toMepartment of Community Affairs- Division of Emergency Management 2333 Shumard Oak Boulevard - Tall -b-sm, Florida 32399 -2100 AGEND IT 23 No. 16 CF Nov 14 2000 pg. �L3 *.# % 0 July 31, 2000 4wwi I r—. STATEWIDE MUTUAL AID AGREEMENT Date: Name of Requesting Party: Contact Official for Requesting Party: Name: Telephone: InterNet: 1. Description of Damage: 2. Emergency Support Functions: 3. Types of Assistance Needed: Form B AOE D ITEM 24 No. / F Nov 144 2000 pg a? July 31, 2000 STATEWIDE M=AL AID AGREEMENT Form B 4. Types of Resources Needed: 5. Description of Infrastructure: 6. Description of Staging Facilities: 7. Description of Telecommunications Resources: 25 N o. GE ITE M A Nov 14 2000 Pg. �� July 31, 2000 STATEWIDE MUTUAL AID AGREEMENT Form B S. Time, Place and Date to Deliver Resources: 9. Names of Supervisors for Requesting Party: AGENDA ITEM No. UP ' _ NOV 14 2000 2b July 31, 2000 -*F %+ t 9 4wi STATEWIDE MUTUAL AID AGREEMENT Form C Date: Name of Assisting Party: Contact Official for Assisting Party: Name: Telephone: InterNet: 1. Description of Resources 2. Estimated Time Resources Available: 27 ADEN ITEM No. F i NOV 14 2000 pg, a� July 31, 2000 STATEWIDE MUTUAL AID AGREEMENT Form C 3. Estimated Time and Date to Deliver Resources: 4. Description of Telecommunications Resources: 5. Names of Supervisors for Assisting Party: R D ITEM No.—/ N4!0 Va pg. � 28 RESOLUTION NO. 00 - RESOLUTION AUTHORIZING THE EXECUTION AND ACCEPTANCE OF A STATEWIDE MUTUAL AID AGREEMENT BETWEEN COLLIER COUNTY AND OTHER FLORIDA COUNTIES, MUNICIPALITIES, INDEPENDENT SPECIAL DISTRICTS AND THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR CATASTROPHIC EMERGENCY RESPONSE AND RECOVERY MUTUAL AID RESULTING FROM NATURAL OR TECHNOLOGICAL DISASTERS WHEREAS, the State Emergency Management Act, chapter 252, Florida Statutes, authorizes Collier County to enter into mutual aid agreements for reciprocal emergency aid and assistance in case of emergencies too extensive to be dealt with unassisted; and WHEREAS, Chapter 252, Florida Statutes, sets forth details concerning powers, duties, rights, privileges, and immunities of political subdivisions of the state rendering outside aid; and WHEREAS, the State of Florida is geographically vulnerable to hurricanes, tornadoes, floods, wildfires and other natural or technological disasters that, in the past, have caused severe property damage to public roads, utilities, buildings, parks and other governmentally owned facilities; and WHEREAS, Collier County Government and other parties executing the Statewide Mutual Aid Agreement for catastrophic emergency response and recovery aid recognize that additional manpower and equipment may be needed to mitigate further damage and restore vital services to the citizens of the affected community should such disasters occur; and WHEREAS, to provide the most effective mutual aid possible, Collier County Government and other parties executing this Agreement intend to foster communications between Collier County personnel and the personnel of other counties, municipalities, and independent special districts executing this Agreement by visits and exchange of information; and AGENDA ITEM No, Ito CF— NOY 14 2000 Pg /11` WHEREAS, Collier County Government and other parties executing the Statewide Mutual Aid Agreement for catastrophic emergency response and recovery aid encourage their personnel to implement detailed administrative procedures to be used during emergencies; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; that the Statewide Mutual Aid Agreement attached hereto as "Exhibit A" is hereby adopted. This Resolution adopted after motion, second and majority vote in favor of adoption this day of , 2000. BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA LIM ATTEST: Dwight E. Brock, Clerk By: (Deputy Clerk) James D. Carter, Ph.D., Chairman Approved as to form d Leg Sufficiency: Petrick G. VAhite, Assistant County Attorney County Attorney No GEN F ITEM NOV 14 2000 pg ._ --T APPROVAL OF BUDGET AMENDMENTS BCC Agenda of November 14, 2000 MSTD General Fund (Fund 111) Budget Amendment #00 -513 Contributions Contribution to MPO $3,400 Reserves Reserve for Contingencies ($3,400) Total: -0- Explanation: Funds are needed to pay for he County required match for the FDOT grant award in FY00. Metro Planning Organization (Fund 126) Budget Amendment #00 -514 Operating Expense Other Contractual Services ($57,900) Revenue FTA Grant ($52,100) Matching Funds from Municipalities ($2,100 County Contribution ($3,700) Total: Revenue ($57,900) Total: 0 Explanation: This budget amendment is to adjust the FY 00 budget for the FTA grant funds for 7/1/99- 6/30/00 which were not received. This will prevent grant funds that were not spent from rolling over into FY 01. Community Development (Fund 113) Budget Amendment #01 -020 Building Review & Permitting Admin. Operating Expenses $14,000 Capital 9,000 Records Operating Expenses (23,000) Total: -0- Explanation: Funds are needed to properly allocate operating expenses between Building Review & Permitting Administration and Records Section cost centers, and to cover microfilming and storage costs. Also, because of space constraints flat screen monitors are being purchased for 10 Customer Service Agents in the Building Department. rIT 2000 -- Golden Gate Beautification (Fund 136) Budget Amendment #01 -023 Operating Expenses Engineering Fees $1,393 Reserves Reserve for Future Construction ($1,393) Total -0- Explanation: Funds are needed for an amendment to the McGee & Associates contract for the addition of landscaping and irrigation to include Green Blvd. to the existing Collier Blvd. Part B plans. AGENDA ITEM No. / 4 2 NOV 1 4 2000 Pg. 2 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE November 14, 2000 FOR BOARD ACTION: 1. Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services of the Public Defender for Case Nos.: 96- 8504 -MMA, 00- 6429 -MMA, 94- 612 -CJA, 99- 8388 -MMA, 96- 10452 -MMA, 00- 5671 -MMA, 00- 6427 -MMA, 97- 1448 -CFA 97 -1630 -CFA, 97- 4199 -MMA, 97- 6559 -MMA, 95- 8343 -MMA, 97-1667 - MMA, 97- 1783 -MMA, 97 -1331 -CFA, 97- 5306 -MMA, 91- 1053 -TM, 97- 0619 -MMA, 97- 2656 -MMA, 00- 5620 -MMA, 00- 5711 -MMA, 00- 5852 -MMA, 00- 4929 -MMA, 00- 6255 -MMA, 00- 5294 -MMA, 00- 6266 -MMA, RECOMMEND APPROVAL. 2. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period: 1) October 04, 2000 — October 10, 2000 2) October 11, 2000 — October 17, 2000 3) October 18, 2000 — October 24, 2000 B. Districts: 1) Immokalee Water & Sewer District — Adopted Budget for the Fiscal Year 2000 -2001 2) Immokalee Fire Control District — Notice of Election to increase the maximum annual taxation rate on all property within its boundaries from 2 mills to 3 mills, to meet the operating costs of the district C. Minutes: 1) Collier County Planning Commission — Minutes of October 5 and October 19, 2000 meeting 2) Historic & Archaeological Preservation Board — Agenda for October 20, 2000 meeting and minutes for September 22, 2000 meeting 3) Bayshore Streetscape Construction - Minutes of September 28, 2000 meeting AGE DAI EM No. H:Data/Format 1 N U v 1 4 21190 4) Rural Fringe Area Assessment Oversight Committee — Agenda for October 11, 2000 and Minutes of September 13, 2000 and September 27, 2000 meetings 5) Parks & Recreation Advisory Board — Agenda for September 27, 2000 meeting and Minutes of August 25, 2000 meeting 6) Lake Trafford Restoration Task Force — Minutes of October 6, 2000 meeting 7) Collier County Airport Authority — Agenda for October 9, 2000 meeting 8) Lely Golf Estates Beautification Advisory Committee — Agenda for October 13, 2000 and Minutes of September 7, 2000 meeting 9) Library Advisory Board — Minutes of June 28, 2000 meeting H:Data/Format AGENDA ITEM No. N O V t 2"C0 Pg. EXECUTIVE SUMMARY RECOMMEND THAT THE COLLIER COUNTY COMMISSION ENDORSE THE UNITED STATES DEPARTMENT OF JUSTICE /DEPARTMENT OF TREASURY FEDERAL EQUITABLE SHARING ANNUAL CERTIFICATION REPORT. ------------------------------------------------------------------- OBJECTIVE: To have the Collier County Commission endorse the United States Department of Justice /Department of Treasury Federal Equitable Sharing Annual Certification Report form. CONSIDERATION: The Collier County Sheriff's Office participates in joint investigations with the United States Department of Justice and United States Department of Treasury to enforce federal criminal laws. Local law enforcement agencies that directly or indirectly participate in an investigation or prosecution that results in a federal forfeiture by these agencies may request an equitable share of the net proceeds of the forfeiture. This years funds are designated for support of mobile data terminal technology for Deputies. The Departments of Justice and Treasury require that a Federal Annual Certification Report that indicates funds received and spent be submitted within 60 days after the end of each fiscal year. The fiscal year 2000 Federal Annual Certification Report needs to be signed by the Chairman of the Board of County Commissioners. FISCAL IMPACT: Requested equitable share revenues are accounted for according to Equitable Sharing of Federally Forfeited Property for State and Local Law Enforcement Agencies guidelines. The fiscal year in which the revenues are received depends on when a case is closed. Total revenues to be received cannot be determined until cases are closed. GROWTH IMPACT: None. RECOMMENDATION: That the Collier County Commission endorse the Federal Annual Certification Report form. PREPARED BY: APPROVED BY: DATE: jh /a:xsfe0 CRYST,QL K. KINZEL, FINANCE DIRECTOR DON MINTER, Sk -ERIFF �• October 13, 2000 AGENDA ITFM No._li, k � J) is r ��.�� Pg. Federal Annual Certification Report This Annual Certification Report must be submitted within 60 days after the close of your fowl year to both agendas: U.S. Department of Justice /ACA Program U.S. Department of the Treasury Asset Forfeiture and Money Laundering Section Executive Office for Asset Forfeiture --- POB 27768 740 15th Street, N.W., Suite 700 Washington, D.C. 20038 Washington, D.C. 20220 E-mail address: program.aceCusdoi.gov Email address: treas.acaQteoaf.treas.gov Fax (202) 616 -1344 Fax. (202) 622 -9610 Law Enforcement Agency: OPolice Department Collier County Sheriff's Office OSherifrs Offtce/Department O Task Force' O Prosecutor's Office O Other Contact Person: Attorney Danny Shryver E-mail Address: N/A Mailing Address: 3301 Tamiami Trail East, Building_ J Naples, Florida 34112 (Street) (City) (Sate) (Zip Code) Telephone Number: ( 941 ) 793 -9292 Fax Number: ( 941 ) 793 -9195 Agency Fiscal Year Ends on: 9/30/00 NCICIORI/Tracking No.: FLO1100 (Montb/Day/year) Summary of Equitable Sharing Activity 1. Beginning Equitable Sharing Fund Balance 2. Federal Sharing Funds Received 3. Other Income 4. Interest Income Accrued 5. Total Equitable Sharing Funds (total of lines l - 4) 6. Federal Sharing Funds Spent (total of lines a -1) 7. Equitable Sharing Fund Balance (subtract line 6 from line 5) _8. Appraised Value of Other Assets Received Summary of Shared Monies Spent a. Total spent on salaries for new, temporary, not to exceed 1 -year employees b. Overtime c. Total spent on informant and "buy mciney" d. Total spent on tro ,ci zed training e. Total spent on communications and computers f. Total spent on firearms and weapons g Total spent on body armor and protective gear h. Total spent on electronic surveillance equipment i. Total spent on building and improvements j. Total spent on other law enforcement expenses (attach list) grant matches k. Total transfers to other law enforcement agencies (attach list of recipients) 1. Total permissible use transfers (attach list of recipients) m Total annual law enforcement budget for your jurisdiction for current fiscal year n. Total annual budget for non -law enforcement agencies for current fiscal year o. Total annual law enforcement budget for your jurisdiction for prior fiscal year p. Total annual budget for non -law enforcement agencies for prior fiscal year Justice Funds 5,959.80 75,970.65 0.00 S2,511.09 84,441.54 ( 7,172.26 ) s 77,269.28 S 0.00 06m, ?A Treasury Funds $ 0.00 $ 0.00 $ 0.00 S 0.00 0.00 S 0.00 s 0.00 0.00 s 0.00 s 0.00 S 0.00 S 0.00 s 0.00 s 0.00 $ 4,196.00 S 0.00 $ 0 -00 $ 0.00 S 2,376.26 S 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 s 68,968,800 S N/A $ 59,998,300 S N/A Under the penalty of perjury, the undersigned hereby certify that the information in this report is an accurate accounting of funds received and spent by the law enforcement agency tinder the federal equitable staring program during this reporting period. Din Hunter 10/13/00 Name (Print or Type Date L Ent�icem2nt A thorized Representative �'. (7�t (Signature) �:TSM Name (Print or Type) Governing Body Head or Authorized ` f,, (Signature) Chairman, Collier C nty Commission Tide (Print or Type) Title (Print or Type) ' Attach list of member agencies with their addresses and indicate lead agency.�i This form is subject to the Freedom of Information Act and may be released to requests under 5 § 5527 .n ITEM NO: FILE NO.: DATE RECEIVED: _ ROUTED TO: DO NOT WRITE ABOVE THIS SPACE REQUEST FOR LEGAL SERVICES (Please type or print) Date: October 13, 2000 To: Office of the County Attorney , From: Crystal K. Kinze (Name) Attention: Thomas Palmer, Esq. Finance Director (Title) Sheriff's Office Finance Division (Division) (Department) Re: Federal Equitable Sharing Annual Certification Report (Subject) BACKGROUND OF REQUEST /PROBLEM: (Describe problem and give background information - be specific, concise,and articulate). The Sheriff's Office is required to submit a Federal Equitable Sharing Annual Certification Report within 60 days after the end of each fiscal year. The law enforcement agency head and the authorized responsible official of the governing body are required to sign the annual report. Board approval is needed for James D. Carter, Ph.D., Chairman to execute the Federal Annual Certification Report for fiscal year 2000. (Are there documents or other information needed to review this matter? If yes, attach and reference this information). THIS ITEM HAS /HAS NOT BEEN PREVIOUSLY SUBMITTED. tIf previously submitted, provide County Attorney's Office file number.) ACTION REQUESTED: (Be very specific. Identify exactly what you need in the way of legal services.) Legal approval of request. OTHER COMMENTS: C: Don Hunter, Sheriff All requests must be copied to your appropriate Division Head or Constitutional Officer.) jh /a:'_efeo CC Te P /per / ?_Apw. AGENDA IT No. F ' h 4 EXECUTIVE SUMMARY REQUEST BOARD AUTHORIZATION AND EXPENDITURE OF FUNDS FOR THE PURCHASE OF TELECOMMUNICATIONS AND DATA EQUIPMENT TO INTEGRATE THE NEW EXPANSION "J -1" WITH BUILDING "J" AND APPROVAL OF THE RELATED BUDGET AMENDMENT. OBJECTIVE: To obtain Board authorization for the purchase of telecommunications and data equipment for Building J -1. CONSIDERATIONS: The expansion Building "J -1" requires a purchase of telecommunications and data equipment to provide communications capability with Building "J ". In order to support the integration of Building "J -1 "and "J ", the purchase of a compatible PBX, hardware and software for a telephone switch and ancillary equipment is necessary. This includes an Uninterrupted Power Supply (UPS) and non - standard installation charges. The UPS system will provide backup of power to the telephone switch for up to two (2) hours. The installation charge is for weekend and after normal business hours installation. This is necessary for the Sheriffs Office to continue operations during normal business hours. The current telephone system provider is Avaya Communications (formerly Lucent Technology). Therefore, we are requesting a sole source procurement for our existing vendor, Avaya Communications. Avaya Communications was the original installer, holds the equipment operating software license and is an authorized vendor of the Board of County Commissioners. We are also requesting a waiver of the formal bidding process for the procurement. This vendor is a state contract vendor and the prices quoted are below the state contract pricing. FISCAL IMPACT: The cost of the proposed equipment is $250,000. Unspent funds were available in the FY00 budget for board paid expenses for the Sheriff. Due to the close of the fiscal year, funds reverted to and are available in General Fund Reserves. GROWTH IMPACT: Recurring costs for subsequent years' monthly maintenance charges will be included in the Sheriffs Office budget effective next fiscal year. NOV 2000 Pg. RECOMMENDATION: That the Board of County Commissioners authorize the sole source purchase of telecommunications equipment in the amount of $250,000.00 from Avaya Communications to provide communications in expansion Building "J -1 and authorize the purchase of data equipment from Ikon, a state contract vendor. REQUESTED BY: William J. McNulty, Communications Equipment Mgr. REVIEWED REVIEWED DATE: October 25, 2000 MS WORUA: execsummlfelpbx +.J11dv August 29, 2000 Mr. Tim Martin Statewide 9 -1 -1 Coordinator Department of Management Services 4050 Esplanade Way Building 4030, Room 235T Tallahassee, FL. 32399 -0950 RE: Change of Collier County E -911 Coordinator Dear Mr. Martin: This letter is notification, to your office, of the appointment of a new Collier County 911 Coordinator. Mrs. Deborah D'Orazio who is no longer with the Collier County Sheriff's Office previously held this position. The new 911 Coordinator is Mrs. Sandi Chernoff of the Collier County Sheriffs Office. Please direct all future 911 related communications accordingly. If I can be of further assistance, please advise. Sincerely, Chairman, Board of County Commissioners BMak cc: filc EXECUTIVE SUMMARY APPROVE THE STIPULATED FINAL JUDGMENT PERTAINING TO THE EMINENT DOMAIN LAWSUIT ENTITLED COLLIER COUNTY v. PINE RIDGE GOLF CENTER, LTD. OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the acquisition of Parcel No. 11 I and the acquisition of the easement on Parcel No. 811 for the Pine Ridge Road Project in the lawsuit entitled Collier County v. Pine Ridge Golf Center, Ltd, Case No. 00- 1397 -CA. CONSIDERATIONS: On April 25, 2000, Collier County filed a Petition in Eminent Domain with the Collier County Circuit Court in order to acquire the necessary interests in property for the six - laning roadway improvements to Pine Ridge Road (C.R. 896) between Airport- Pulling Road (CR 31) and Logan Blvd., Project No. 60111. On July 21, 2000, Collier County deposited with the Registry of the Court the sum of One Hundred Three Thousand One Hundred Dollars for Parcel Nos. 111 & 811. Through negotiations the parties have reached a settlement agreement whereby the property owner, Pine Ridge Golf Center, Ltd., will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution .No. 99 -228). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "A "). The Stipulated Final Judgment has the following provisions: (1) One Hundred Thirty Thousand Three Hundred Twenty -four Dollars ($130,324.00) to be paid to the Respondent as full compensation for the property rights taken as to Parcel Nos. 111 & 811; (2) Six Thousand Seven Hundred Ninety -five Dollars ($6,795.00), as a reasonable engineering fee, and Three Thousand Dollars ($3,000.00), as a reasonable appraisal fee, to be paid to Ruden, McCloskey, Smith, Schuster & Russell, P.A. Trust Account; and (3) Twenty -seven Thousand Seventy -three Dollars ($27,073.00) to be paid to Dale A. Bruschi, Esq., as full compensation for the property owner's attorney fees, in accordance with Section 73.092(1)(c), Florida Statutes. An additional Sixty - four Thousand Ninety -two Dollars will be deposited in the Court Registry. In addition to the provisions outlined above, the Stipulated Final Judgment also provides for the following: (1) the County agrees to construct the Pine Ridge Road median cut /turn lane and the Pine Ridge Road eastbound deceleration turn pursuant to the County's construction plans; (2) the County agrees to construct the southbound Livingston Road median turn bay at approximately station 289 and 00 in the Livingston Road Project construction plans; and (3) the connection drive will be constructed pursuant to the drawing of the Pine Ridge Road Driveway Connection dated June 8, 2000 and prepared by Wilkinson & Associates, Inc. It should be noted that the County reserves the right to modify or remove the Livingston Road median turn bay, the Pine Ridge median cut/turn lane and /or deceleration turn lane at some date in the future based on safety AGENDA REM No. N0. NOV 14 2000 Pg. I Executive Summary CC v. Pine Ridge Golf Center, Ltd. Page 2 safety and/or capacity reasons, and that it was agreed to that these improvements are not to be considered non - monetary benefits. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and consider them to be reasonable. FISCAL IMPACT: Cost: $64,092.00; to be obligated in the budget for FY 00 /01. Fund: (333) Road Impact Fee District 2 Cost Center: (163650) Road-Impact Construction Project Number: (60111) Pine Ridge Road Project (Airport- Pulling Road to Logan Blvd.) GROWTH MANAGEMENT IMPACT: Consistent with Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: 1. approve the Stipulated Final Judgment; 2. approve the expenditure of the funds as stated; and 3. direct staff to deposit an additional $64,092.00 in the Court Registry. Prepared by: r e1 i F. Ashton Assistant County Attorney Zevie ed by: i it Riley ?ro ect Manager Zevi ed by o Feder; rr nsnortation Administrator Approved by: JA&Z d David C. Weigel, CountyWtorriey ��- oo Date Date Date Date I AGENDA rrEtA NO. I Nno'd 14 2000 Pg. c2.. - IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, kv Case No.: 00- 1397 -CA Parcel Nos.: 111 and 811 PINE RIDGE GOLF CENTER LTD., a Florida Limited Partnership, et al., Respondents. STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, by and through its undersigned counsel, and Respondent, PINE RIDGE GOLF CENTER, LTD., by and through its undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel Nos. 111 and 811, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner is the full compensation due Respondent, PINE RIDGE GOLF CENTER, LTD., and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondent, PINE RIDGE GOLF CENTER, LTD., have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of One Hundred Thirty Thousand Three Hundred Twenty -four Dollars and No /100 ($130,324.00) for Parcel Nos. 111 and 811 as full payment for the property interests taken and for damages resulting to AGENDA RE NO. _ 1 NOV 14 2000 Pg. 0 the remainder, if less than the entire property was taken, business damages, and for all other damages in connection with said parcel; it is further ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORIDA, will construct the following improvements, which Respondent, PINE RIDGE GOLF CENTER, LTD., agrees are not to be considered non - monetary benefits, during the construction of the six- laning of Pine Ridge Road at County's expense: a. Pine Ridge Road median cut /turn lane b. Pine Ridge Road eastbound deceleration turn lane C. Southbound Livingston Road median turn bay d. Connection drive from Pine Ridge Road to existing parking on the property of Pine Ridge Golf Center, Ltd. The County agrees to construct the Pine Ridge Road median cut/turn lane and the Pine Ridge Road eastbound deceleration turn pursuant to the County's construction plans. The County agrees to construct the southbound Livingston Road median turn bay at approximately station 289 and 00 in the Livingston Road Project construction plans. The connection drive will be constructed pursuant to the drawing of the Pine Ridge Road Driveway Connection dated June 8, 2000 and prepared by Wilkinson & Associates, Inc. The County reserves the right to modify or remove the Livingston Road median turn bay, the Pine Ridge median cut/turn lane and/or deceleration turn lane at some date in the future based on safety and/or capacity reasons; it is further ORDERED that Respondent, PINE RIDGE GOLF CENTER, LTD., receive from Petitioner the sum of Six Thousand Seven Hundred Ninety -five Dollars and No /100 ($6,795.00) for a reasonable engineering fee and Three Thousand Dollars and No /100 ($3,000.00) for a reasonable appraisal fee; and it is further AGENDA ME�,� N0. I c. f I 2 NOV 1, 4 2000 Pg. ��\ ______ ORDERED that Respondent, PINE RIDGE GOLF CENTER, LTD., receive from Petitioner as - - -. reasonable attorney fee the sum of Twenty -seven Thousand Seventy -three Dollars and No /100 ($27,073.00). No other attorney fees or costs shall be awarded in connection with the above - styled cause of action as it relates to Parcel Nos. 111 and 811; and it is further ORDERED that Petitioner, COLLER COUNTY, FLORIDA, shall deposit an additional Sixty -four Thousand Ninety -two Dollars and No /100 ($64,092.00) which equals Twenty- seven Thousand Two Hundred Twenty -four Dollars and No /100 ($27,224.00) for the property taken, Twenty -seven Thousand Seventy -three Dollars and No /100 ($27,073.00) for attorney's fees and Nine Thousand Seven Hundred Ninety -five Dollars and No /100 ($9,795.00) for expert fees, subject to the approval of the Board of County Commissioners, into the registry of this Court within 30 days of the date of this Stipulated Final Judgment; and it is further ORDERED that the Court reserves jurisdiction to apportion and disburse the award of One Hundred Thirty Thousand Three Hundred Twenty -four Dollars and No /100 ($130,324.00) referred to above less any amounts previously disbursed for the benefit of Respondent, PINE RIDGE GOLF CENTER, INC.; and it is further ORDERED that the Clerk of this Court shall disburse the sum of Twenty -seven Thousand Seventy -three Dollars and No /100 ($27,073.00), being Respondent's attorney fees to Dale A. Bruschi, Esq., Ruden, McCloskey, Smith, Schuster & Russell, P.A., 200 East Broward Boulevard, 15th Floor, Fort Lauderdale, Florida 33301; it is further ORDERED that the Clerk of this Court shall disburse the sum of Nine Thousand Seven Hundred Ninety -five Dollars and No /100 ($9,795.00) to Ruden, McCloskey, Smith, Schuster & Russell, P.A. Trust Account for expert fees and mail the check to Dale Bruschi, Esq., P. O. Box 1900, Fort Lauderdale, Florida 33302; it is further AGENDA ND. —. W t NC`-; 14 2000 3 pg. 5 ORDERED that title to Parcel Nos. 111 (fee simple) and 811 (drainage, utility and maintenance easement) being fully described in Exhibit A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated July 7, 2000, and the deposit of money heretofore made, is approved, ratified and confirmed; it is further ORDERED that the Notice of Lis Pendens filed in the above - styled cause and recorded in Official Record Book 2667, Page 3060 of the Public Records of Collier County, Florida be dismissed as to Parcel Nos. 111 and 811; it is therefor DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this _ day of 2000. Conformed copies to: Heidi F. Ashton, Esq. Dale A. Bruschi, Esq. Joe W. Fixel, Esq. Frank and Edna Hruby Bookkeeping CIRCUIT COURT JUDGE JOINT MOTION FOR STIPULATED FINAL JUDGMENT The Parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment. Dated: DALE A. BRUSCHI, ESQ. Florida Bar No. 0716250 RUDEN, McCLOSKEY, SMITH, SCHUSTER & RUSSELL, P.A. 200 East Broward Blvd., 15th Floor P. O. Box 1900 Fort Lauderdale, Florida 33301 954/ 764 -6660 — Telephone 954/ 764 -4996 - Facsimile ATTORNEY FOR RESPONDENT h: Lit \EmDomain\PineRidgeGolf\SFJ 4 Dated: HEIDI F. ASHTON, ESQ. Florida Bar No. 0966770 COUNTY ATTORNEY'S OFFICE Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 941/ 774 -8400 - Telephone 941/ 774 -0225 — Facsimile ATTORNEY FOR PETITIONER AGENDA 4q�� NO. _1&71.1 c l) NCV 14 2000 Pg. —_ vuL- iv vvvi\Iw L- 1v%.7iivccRllvV L)r–rmm I IVICIV I 3301 EAST TAMIAMI TRAIL NAPLES, FLORID_ A 34112 (941) 7 4 -8192 LEGAL DESCRIPTION (NOT A S!I EY fee simple title PROJECT NO ..................../ 10/// PROJECT PARCEL NO ........... 1/1- TAX PARCEL N000287480003....... COMMENCING AT THE NORTHWEST CORNER OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, SAID POINT OF COMMENCEMENT ALSO BEING THE CENTERLINE INTERSECTION OF PINE RIDGE ROAD (C.R. 886 AND LIVINGSTON ROAD; THENCE SOUTH 0 DEGREES 15 MINUTES 33 SECONDS EAST ALONG THE WEST LINE OF SAID SECTION 18, A DISTANCE OF 75.00 FEET;TO THE POINT OF BEGINNING THENCE NORTH 89 DEGREES 35 MINUTES 12 SECONDS EAST ALONG THE SOUTH RIGHT OF WAY LINE OF SAID PINE RIDGE ROAD, A DISTANCE OF 642.58 THENCE,SOUTH 00 DEGREES 18 MINUTES 54,SECONDS EAST A DISTANCE OF 10.00 FEET; THENCE NORTI-I 89 DEGREES 35 MINUTES 12 SECONDS WEST A DISTANCE OF 577.49 FEET; THENCE SOUTH 44 DEGREES 36 MINUTES 66 SECONDS WEST, A DISTANCE OF 21.41 FEET; THENCE SOUTH 0 DEGREES 15 MINUTES 33 SECONDS EAST ALONG A LINE LYING 50 FEET EAST, AS MEASURED PERPENDICULAR TO, THE WEST LINE OF SAID SECTION 18, A DISTANCE OF 475.00 FEET; THENCE SOUTH 89 DEGREES 44 MINUTES 27 SECONDS WEST, A DISTANCE OF 20.00 FEET; 'f1R'.NCE SOUTH 0 DEGREES 15 MINUTES 33 SECONDS EAST ALONG A LINE LYING 30 EAST, AS MEASURED PERPENDICULAR TO, SAID WEST LINE OF SECTION 18, A DISTANCE OF 745.27 FEET; THENCE SOUTH 89 DEGREES 39 MINUTES 19 SECONDS WEST, A DISTANCE OF 30,00 FEET TO THE WEST LINE OF SAID SECTION 18, THENCE NORTH 00 DEGREES 15 MINUTES 33 SECONDS WEST, A DISTANCE OF 1245.27 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 1.218 ACRE (53,401) SQUARE FEET), MORE OR LESS. BASIS OF BEARINGS IS THE WEST LINE OF SAID SECTION 18 BEING SOUTH 00 DEGREES 15 MINUTES 33 SECONDS EAST. PARCEL I11 EXHIBIT AGENDA REM NO. L 1) NOV 14 2000 PREPARED .......DATE..%,l 44 -f:7 GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR -FL. REG. # 2408 PUBLIC WORKS ENGINEERING DEPARTMENT. �r COLLIER COUNTY GOVERNMENT COMPLEX . EXHIBIT 3301 EAST TAMIAMI TRAIL V %i NAPLES, FLORIDA 34112 SHEET 1 OF 2 (941) 774 -8192 SKETCH OF DESCRIPTION NOT A SURVEY EXISTING 30 FOOT_ UTILITY EASEMENT ' N to ti GOLF DRIVING RANGE i` N . v i + N r W FS M in V th O tn O B7 0 'O 0'N Z Z S 89'4477 "W 50.00' � a 2 PARCEI-111, c Z Z J ti V' _ LLl I 10' ' N 89'35' ' S 89'35'12 "W 842.58' ) P.0.9. — _— :_.--------- --- - -- - a �a AGENDA ITEM (L) C!) PINE RIDGE ROAD (C.R. 888) NO. I& P.O.C. NOV 14 2000 GENERAL NOTES 1) P.O.C. ■ POINT OF COMMENCEMENT Pg. 2) P.O.B. ■ POINT OF BEGINNING E X H B I T 3) SEC. ■SECTION 4) TWP. ■ TOWNSHIP 5) AGE. ■RANGE QSe s4 •� �a•f0 8) RW ■ RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR DRAWN BY CNECKRO DY SCALE � OAU FLB NO• NOT TO SCALE JANUARY 12, 1999 PR111 SHEET 2 OF 2 OaU I CHJ I I AMIAMI I HAIL NAPLES, FLORIDA 34112 (941) 774 -8192 PROJECT NO ..................:.�1Q (.�A..... PROJECT PARCEL NO ......... .I., LEGAL DESCRIPTION '(NOT A SURVEY) TAX PARCEL NOOO297ANA9 ••••••.. drainage, utility & maintenance easement COMMENCING AT TI-IE NORTHWEST CORNER OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA SAID POINT OF COMMENCEMENT ALSO BEING THE CENTERLINE INTERSECTION OF PINE RIDGE ROAD (C.R. 886) AND LIVINGSTON ROAD; THENCE SOUTH 0 DEGREES 15 MINUTES 53 SECONDS EAST, A DISTANCE OF 75.00 FEET; THENCE NORTH 89 DEGREES 35 MINUTES 12 SECONDS EAST, A DISTANCE OF 30.00 FEET; THENCE SOUTH 0 DEGREES 15 MINUTES 53 SECONDS EAST ALONG A LINE LYING 30 FEET EAST, AS MEASURED PERPENDICULAR TO, THE WEST LINE OF SAID SECTION IS. A DISTANCE OF 500.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 44 MINUTES 07 SECONDS EAST, A DISTANCE OF 30.00 FEET; THENCE SOUTH 0 DEGREES 15 MINUTES 53 SECONDS EAST ALONG A LINE LYING 60 FEET EAST, AS MEASURED ? ERPENDICULAR TO, SAID WEST LINE OF SECTIONIB, A DISTANCE OF 745.30 FEET; THENCE SOUTH 89 DEGREES 39 MINUTES 19 SECONDS WEST, A DISTANCE OF 30.00 FEET; THENCE NORTH 0 DEGREES 15 MINU7LS 53 SECONDS WEST ALONG AFORESAID LINE LYING 30 FEET EAST OF SECTION 18, A DISTANCE OF 745.34 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0.513 ACRE (22,360 SQUARE FEET), MORE OR LESS. BASIS OF BEARINGS IS SAID WEST LINE OF SECTION 18 BEING SOUTH 00-DEGREES 15 MINUTES 53 SECONDS EAST. PARCEL III 1A EXHIBIT A o'je N �T AGENDA, �i NOV 14 2000 Pg. t PREPARED BY., � l<..4:�<,.t.:..... :...........DATE: A-`*",l6 GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR -FL. REG. # 2408 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 SHEET 1 OF 2 OFFICE OF CAPITAL .P.ROJECTS • 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 0 m sl- N Li d- . Q MA PARCEL 811 SKETCH OF DESCRIPTION S.89.39'19 "W. 643.67' 30' - GOLF DRIVING RANGE ° In `* PARCEL 811 A ui O Z 00 Ya .� V) .-. z n Z 00 P S I P.O. B. wo J U PARCEL 111 ( Z b of ui n �I - 21.29' S.44'36'06 "W. _ 567.58= 14.15' 30' N.8935'12 "E. 612.58' J INE RIDGE ROAD 2 CR7896 (150' R /W) GENERAL NOTES P.O.C. 1) P.D.C. Indicates Point of Commencement 2) P.O.B. Indicates Point of Beginning AGENDA M 3) Sec. indicates Section NO u 4) Twp, Indicates Township 5) Rge. Indicates Range N',•' 14 2000 6) R/W Indicates Right -of -way 7) All distances are In feet and decimals thereof 10 8) Bearings are based on the West line of sold P9. Section 18 as being N,00'15'53'W, AI B 1 T 9) Not valid unless signed and sealed with the embossed seat of the professional land surveyor Va-ce. " • 4. 6 L THIS IS ONLY A SKETCH ORM CA CHECKED DY: SCALE: OATEt FILE NO.: I NOT TO 09 -10 -97 PR -811A SHEET 2 OF 2 • SCALE --� EXECUTIVE SUMMARY APPROVAL OF THE STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION ON PARCEL 318 IN THE LAWSUIT ENTITLED COLLIER COUNTY v AGNALDO DELIMA, ET AL., (Golden Gate Boulevard Project). OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the acquisition of the easement on Parcel 318 for the Golden Gate Boulevard project in the lawsuit entitled Collier County v. Agnaldo DeLima, et al., Case No. 00- 1967 -CA. CONSIDERATIONS: On September 12, 2000, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of easements for the Golden Gate Boulevard project (Project No. 63041). On September 28, 2000, Collier County deposited with the Registry of the Court the sum of $800.00 for Parcel 318 in accordance with the Order of Taking. Through negotiations, the parties have reached a settlement agreement whereby the property owner, Agnaldo DeLima, will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 99 -290). The terms of the settlement agreement are set out in the Stipulated Final Judgment gr p (attached as Exhibit "1 "). The Stipulated Final Judgment provides for $1,200.00 to be paid to the Respondent as full compensation for the property rights taken as to Parcel 318. The Stipulated Final Judgment provides that Collier County shall deposit the additional amount of $400.00 with the Registry of the Court. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and consider them to be reasonable. FISCAL IMPACT: Cost: $400.00 Fund: 313 - Road Construction Gas Tax Cost Center: 163673 — Surplus Gas Tax Road Construction Project Number: 63041 - Golden Gate Boulevard GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan for CIE Project No. 53. RECOMMENDATION: That the Board of County Commissioners: 1. approve the Stipulated Final Judgment; 2. approve the expenditure of the funds as stated; and AGEND N4. J (p L NOV 14 2000 pg. -- ._ I 3. direct staff to deposit the sum of $400.00 into the Registry of the Court. 1 SUBMITTED BY: l Date: Heidi F. Ashton Assistant County Attorney REVIEWED BY: ''� Date: A. N. Korti, Project Manager Transpo ation Utilities & Engineering REVIEWED BY: ! Date: w Z3 vv o an E. Feder, Administrator Tr sDortation Division APPROVED BY: David C. Weigel County Attorney h: Lit\EmDomain\DeLi ma\ExSum- Parcel 318SFJ N Date: AGENDA NO. (0 L a NMI 14 2000 Pg. IN THE CIRCUIT COURT OF THE - TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA - o COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, CASE NO. 00- 1967 -CA Petitioner, vs. CIVIL ACTION AGNALDO DELIMA, et al., PARCEL: 318 1 =� r' r r Respondents. - o ca-t STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner,�`i'y n and through its undersigned counsel, and Respondent, AGNALDO DELIMA, for entry of a Stipulated Final Judgment as to Parcel No. 318, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner is the full compensation due the Respondent, AGNALDO DELIMA, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondent, AGNALDO DELMIA, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of One Thousand Two Hundred and No /100 Dollars ($1,200.00) for Parcel No. 318 as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, business damages, and for all other damages in connection with said parcel; it is further ORDERED that no attorneys fees or other costs shall be awarded in connection with the above cause of action as it relates to Parcel No. 318; and it is further c' r` M =` nTM NO. IL e U- a NOV 14 2000 pg. 3 N.1 f ORDERED that Petitioner shall deposit an additional Four Hundred and No /100 Dollars ($400.00) subject to approval of the Board of (d';ounty Commissioners within thirty (30) days of the date of this Stipulated Final Judgment; and it is further ORDERED that the Clerk of this Court shall disburse the total amount of One Thousand Two Hundred and No /100 Dollars ($1,200.00) to Respondent, AGNALDO DELIMA, 2598 S.W. 177`h Avenue, Miramar, Florida 33029, less any amounts previously paid for the benefit of Respondent; and it is further ORDERED that title to Parcel No. 318, right -of -way, drainagr,, ;sidewalk, utility, and maintenance easement, being fully described in Exhibit "A" attached hereto and incorporated herein, and the deposit of money heretofore made, is approved, ratified, and confirmed; it is further ORDERED that the Notice of Lis Pendens filed in the above - styled cause and recorded in Official Records Book 2684, Pages 0954 to 0962 of the Public Records of Collier County, Florida be dismissed as to Parcel No. 318; it is therefor DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this Z 7 day of '56-P , 2000. L Ted Brousseau Circuit Court Judge conformed copies to: / Heidi F. Ashton, Assistant County Attorney .-,"Agnaldo DeLima / Fabio Pinto / Avatar Properties, Inc. Collier County Tax Collector / Bookkeeping AGENDA NO. ELI La) f 2 NOV 14 2000 I� Pg. r JOINT MOTION FOR STIPULATED FINAL JUDGMENT The Parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment as to Parcel 318. Dated: Cz'l - `- -Q - 0 C . AGNAL � � 2598 S.W. 177`x' Ave. Miramar, FL 33029 Dated: -`b-(' ICS 41,4d, HEIDI F. ASHTON, ESQUIRE Florida Bar No. 0966770 Assistant County Attorney 3301 East Tamiami Trail, 8'h Floor Naples, Florida 34112 (941) 774 -8400 - Phone (941) 774 -0225 - Facsimile Attorney for Petitioner AGENDA No. L. GL NOV 14 2000 3 Pg. -L_ OFF, OF CAPITAL Pi %OJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 SKETCH OF DESCRIPTION PROJECT NO. 63041 (NOT A SURVEY) PROJECT PARCEL NO. 318 FOW0 T`716 381f oaoz !1 (100' R.O.W.) GOLDEN GATE BOULEVARD NoRTH PROPERTY LINE EXIST, 60' tlW EASEMENT j— EXISTING RIGHT OF WAY LINE 25 FOOT ROAD RIGHT "OF WAY 1 DRAINAGE, SIDEWALK, UTILITY, 6 MAINTENANCE EASEMENT EAST 180 FEET LESS THE EAST 30 FEET TRACT 51 vi TRACT 51 , r it It.. 6D 100 ]SO I if i WEST PROPERTY LINE- -- EAST PROPERTY LINE i I 390' SOUTH PROPERTY LINE DESCRIPTION; 71-1E SOUTH 26 FEET OF THE NORTH 76 FEET OF THE EAST 180 FEET OF TRACT 61,LESS THE EAST 30 FEET THEREOF, GOLDEN GATE ESTATES UNIT NO. 12, AS RECORDED IN PLAT BOOK 4, PAGE 105, OF TILE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. EXHIBIT DMWN A- E DATE ME NO. y 1' 100 JULY 20,1690 009318 NO. 1 f. Q Lea) Nr',' 14 2000 Fk, Prepared b�.. %�1�� George R.. chmond P.L.S. M24 Public Works Enginecring Dept. 3301 Taminmi Trail East Naples, FL 34112 SH8ET 1 OF 1 I - v EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE SETTLEMENT IN McCARRON v. BOARD OF COUNTY COMNHSSIONERS FOR COLLIER COUNTY, CASE NO. 99- 555- CA -HDH, NOW PENDING IN THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, PURSUANT TO WHICH THE COUNTY WOULD PAY $22,500 AND ALL CLAIMS AGAINST THE COUNTY WOULD BE DISMISSED WITH PREJUDICE. OBJECTIVE: That the Board of County Commissioners approve the settlement in McCarron v. Board of County Commissioners for Collier County, Case No. 99- 555- CA -HDH, now pending in the Twentieth Judicial Circuit, in and for Collier County, Florida, pursuant to which the County would pay $22,500 and all claims against the County would be dismissed with prejudice. CONSIDERATIONS: On March 3, 1995, Plaintiff was playing softball as a member of the East Naples Men's League. While chasing a fly ball in left field, during the first game of the season, Plaintiff tripped and fell on a sprinkler head, which was protruding above the surface of the field. There was also a sizeable hole around the sprinkler head of 9 to 10 inches, with a depth of 5 to 6 inches, which was caused as a result of the sprinkler head malfunctioning. (Both were hidden by the grass.) Approximately 2 weeks prior to the incident, an inspection of the field indicated the problem and the area was ordered to be repaired. Approximately 3 to 5 days prior to the incident, another inspection indicated that the repair work had not yet been done, and, prior to its being repaired, the Plaintiff was injured. Liability is, therefore, not an issue, but only the extent and duration of damages sustained by the Plaintiff. As a result of the fall, the Plaintiff had arthroscopic surgery on May 8, 1996, with a resection of plica, partial meniscectomy, medial femoral condyle, with a final diagnosis of synovial plica -right knee; torn medial meniscus; chondromalacia, medial femoral condyle. After the surgery, the Plaintiff was, and still is, unable to resume his normal activities without any discomfort and has never played softball since then, although he signed up to play in 1997. Plaintiff is a professional painter, having worked one full -time job and one part-time job at the time of the incident and lost time from work. He presently has trouble performing his job, since he has trouble bending, kneeling and, on occasion, walking without stiffness and pain. On June 8, 2000, he again saw an orthopedic surgeon who diagnosed his present condition as having a degenerative tear - posterior horn - medial meniscus with secondary Baker's cyst, as well as high -grade chondromalacia of the patella. This is all on the right knee. At that examination, the doctor suggested an arthroscopy of his knee and a partial medial meniscectomy, as well as an injection of his Baker's cyst. The diagnosis was a result of a MM that showed a linear tear at the posterior of the posterior horn of his medial meniscus. The Plaintiff lost approximately $1,000 in wages from the initial fall and will lose another $1,000 in lost wages if he has the subsequent surgery. There are presently medical bills due and owing of approximately $2,000. If the surgery is done, there will be an additional $5,000. The Plaintiff's initial demand to settle the matter, was $65,000 and after substantial negotiations, the County has agreed to settle with Plaintiff for $22,500, subject to Board approval. AGENDA r UX114 ND. 1A iL NOV 14 2000 pg. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: This falls within the Risk Management budget and will result in a substantial savings of future litigation costs, as well as the probability of a much higher jury award. RECOMMENDATION: That the Board of County Commissioners approve a settlement with the principal terms set forth in this Executive Summary and authorize the Chairman of the Board of County Commissioners to execute all necessary settlement documents. Assistant County Attorney Reviewed and Approved by: ,&,,— '� -)z , 1* 1'&4 Vi David C. Weigel County Attorney Reviewed :aandpproved by: effrey Walker Director, Risk Management KBilVExecutive Summary- McCarron Case 1 Date: �' v Z r%r Date: 11 6 ;-10 0 Drate: I� Oz O a 'r I�N NO, K"'OV 14 2000 z SETTLEMENT AGREEMENTAND MUTUAL RELEASE THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE (hereinafter referred to as the "Agreement and Release ") is entered into and made on this day of October, 2000 by and between James F. McCarron (hereinafter referred to as "Plaintiff") and Board of County Commissioners For Collier County (hereinafter referred to as the "County"). WITNESSETH: WHEREAS, Plaintiff filed a lawsuit against the County in the Circuit Court for the Twentieth Judicial Circuit in and for Collier County, Florida, styled James F. McCarron v. Board of County Commissioners For Collier County, Florida, Case No. 99- 555- CA -0I -HDH (hereinafter referred to as the "Lawsuit "); and, WHEREAS, Plaintiff and the County, without either of them admitting any liability or fault, desire to settle the Lawsuit and any and all disputes that arise from, relate or refer in any way, whether directly or indirectly, to the incidents described or allegations made in the Complaint filed in the Lawsuit; and, WHEREAS, Plaintiff and the County desire to reduce their settlement to a writing so that it shall be binding upon them as well as their respective owners, principals, elected officials, officers, employees, ex- employees, agents, attorneys, representatives, insurers, AGEN spouses, successors, assigns, heirs and affiliates. NO. t�(�. Mms r:� 9 k 2000 1 Pg. NOW, THEREFORE, in consideration of the mutual covenants, promises and consideration set forth in this Agreement and Release, and with the intent to be legally bound, Plaintiff and the County agree as follows: 1. Plaintiff and the County adopt and incorporate the foregoing recitals, sometimes referred to as "Whereas Clauses ", by refevence into this Agreen7eiNt and Release. 2. In consideration of the resolution of all disputes or claims arising from or referring or relating in any way; whether directly or indirectly, to the Lawsuit, and for and in consideration of the sum of Twenty -Two Thousand, Five Hundred Dollars ($22,500.00) and other valuable consideration, the receipt and adequacy of which is hereby acknowledged by Plaintiff, Plaintiff agrees to dismiss the Lawsuit with prejudice. 3. In consideration of the resolution of the Lawsuit, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, Plaintiff, on behalf of himself, as well as on behalf of his attorneys, agents, representatives, insurers, heirs, successors and assigns hereby expressly releases and forever discharges the County, as well as its elected officials, officers, employees, ex- employees, agents, attorneys, representatives, successors, assigns, insurers and affiliates from any and all claims, demands, causes of actions, damages, costs, attorney's fees, expenses and obligations of any kind or nature whatsoever that he has asserted or could have asserted in the Lawsuit or that arise from or relate or refer in any way, whether directly or indirectly, to the Lawsuit or any incident, event or allegation referred to or made in the Complaint in the Lawsuit. 2 AGEItlDe4 ITEM N0. KV 14 2000 Pa. -- _ `f 4. Notwithstanding anything that may be to the contrary in Paragraph 3 of this Agreement and Release, Plaintiff and the County agree that either of them (as well as any other persons or entities intended to be bound) shall, in the event of any breach, retain the right to enforce the terms and conditions of this Agreement and Release. 5. Plaintiff and the County acknowledge and agree that this Agreement and Release is intended to and shall be binding upon their respective owners, principals, officials, officers, employees, ex -employees, agents, attorneys, representatives, insurers, successors, assigns, spouses, heirs and affiliates. 6. Plaintiff and the County recognize and acknowledge that this Agreement and Release memorializes and states a settlement of disputed claims and nothing in this Agreement and Release shall be construed to be an admission of any kind, whether of fault, liability, or of a particular policy or procedure, on the part of either Plaintiff or the County. 7. Plaintiff and the County acknowledge and agree that this Agreement and Release is the product of mutual negotiation and no doubtful or ambiguous language or provision in this Agreement and Release is to be construed against any party based upon a claim that the party drafted the ambiguous provision or language or that the party was intended to be benefited by the ambiguous provision or language. 8. This Agreement and Release may be amended only by a written instrument specifically referring to this Agreement and Release and executed with the same formalities as this Agreement and Release. =9. In the event of an alleged breach of this Agreement and Release, Plaintiff and the County agree that all underlying causes of action or claims of 3 ntMk I NO. 14 2000 pg. s .. V. extinguished by this Agreement and Release and that the sole remedy for breach of this Agreement and Release shall be for specific performance of its terms and conditions or any damages arising from the breach. In this regard, Plaintiff and the County further agree that the sole venue for any such action shall be in the Twentieth Judicial Circuit in and for Collier County, Florida in Naples, Florida. 10. This Agreement and Release shall be governed by the laws of the State of Florida. IN WITNESS WHEREOF, Plaintiff and the County have signed and sealed this Agreement and Release as set forth below. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: JAMES D. CARTER, Ph.D, Chairman Date: JAMES F. McCARRON, Plaintiff Date: THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN PLAINTIFF AND COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed by James F. McCarron, before me, this day of 12000. Signature of Notary Public Personally Known or Produced Identification AGENDA M NO. L 3 4 NOV 14 2000 Pg. b ow i Commissioned Name of Notary Public Type of Identification Produced (Please print, type or stamp) My Commission expires: Approved as to form and legal sufficiency: William E. Mountford Assistant County Attorney h: liAMccarroMsettlement agreement & release 5 AGENDA IT N4, NOV 14 2000 Pg. - . = 7._.__ EXECUTIVE SUMMARY AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 80 -80, AS AMENDED, THE EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL; - BY AMENDING SECTION THREE, MEMBERS, TO INCLUDE AN ADDITIONAL MEMBER TO REPRESENT CLEVELAND CLINIC. RECOMMENDATION: That the Board of County Commissioners consider the adoption of an ordinance amending Collier County Ordinance No. 80 -80 as amended, the Emergency Medical Services Advisory Council, by increasing its membership by one to include representation by the Cleveland Clinic. CONSIDERATIONS: On August 19, 1980, the Board of County Commissioner adopted Ordinance No. 80-80, establishing the Collier County Emergency Medical Services Advisory Council for the purpose of studying and analyzing problems and to advise the County Commissioners on opportunities for providing optimum emergency medical services throughout Collier County. The Council was composed of I 1 regular members, including a member from Naples Community Hospital, 3 ex officio members and 2 staff advisors. On October 10, 2000, the Board of County Commissioners voted to include a representative from Cleveland Clinic. Adoption of the proposed amendment would increase the membership of the board by one regular member. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners adopt the attached Ordinance amending Ordinance No. 80 -80, as amended, and authorize the Chairman to sign same. Prepared by: Date: /0 ro David C. Weigel County Attorney AGENDA ITEM N07 14 2000 Pg. I I ORDINANCE NO. 2000- 2 3 4 AN ORDINANCE AMENDING COLLIER COUNTY 5 ORDINANCE NO. 80 -80, AS AMENDED, THE 6 EMERGENCY MEDICAL SERVICES ADVISORY 7 COUNCIL; BY AMENDING SECTION THREE, 8 MEMBERS, TO INCLUDE AN ADDITIONAL MEMBER TO 9 REPRESENT CLEVELAND CLINIC; PROVIDING FOR 10 CONFLICT AND SEVERABILITY; PROVIDING FOR 11 INCLUSION IN CODE OF LAWS AND ORDINANCES;. 12 AND PROVIDING AN EFFECTIVE DATE. 13 14 15 WHEREAS, on October 10, 2000, the Board of County Commissioners requested an 16 amendment to Collier County Ordinance No. 80 -80, as amended, to increase the membership on 17 the Emergency Medical Services Advisory (EMSA) Council from 11 members to 12 to include a 18 Cleveland Clinic Representative on this Council. 19 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 20 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 21 SECTION ONE: Amendment to Section Three, Members, of Collier County Ordinance No. 80- 22 80, as amended. 23 24 Section Three, Members, of Collier County Ordinance No. 80 -80, as amended, is hereby 25 amended to read as follows: 26 SECTION THREE: MEMBERS 27 The EMSA Council shall be composed of I-I 12 regular members, 3 ex officio members, 28 and 2 staff advisors. The composition of the regular membership and the ex officio 29 members will be further delineated in the By -Laws as will the staff advisers. 30 The EMSA Council shall elect a chairman at its organizational meeting and annually 31 thereafter. 32 SECTION TWO. Conflict and Severability. 33 In the event this Ordinance conflicts with any other ordinance of Collier County or other 34 applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held 35 invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a 36 separate, distinct and independent provision and such holding shall not affect the validity of the 37 remaining portion. 38 SECTION THREE: Inclusion In The Code Of Laws And Ordinances. 39 The provisions of this Ordinance shall become and be made a part of the Code of Laws and 40 Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or 41 relettered to accomplish such, and the word 'ordinance" may be changed to "section," "article," or 42 any other appropriate word. 43 SECTION FOUR: Effective Date. 44 This Ordinance shall become effective upon filing with the Department of State. Words Underlined are added; Words Struek Threugh are deleted. AGENDA IT NO. NOV 14 2000 Pg. a i 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of 12000. ATTEST: DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiency: David C. Weigel County Attorney DMAn/ordinance BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: JAMES D. CARTER, Ph.D., Chairman Words Underlined are added; Words Stmek Thr-eugh are deleted. AGENDA ITEM NO, ._ J 2(A) NOV 14 2000 pg. _ 3 1. EXECUTIVE SUMMARY PETITION CU- 2000 -13, PASTOR VERNA NASH REPRESENTING BETHESDA PENTECOSTAL CHURCH REQUESTING A CONDITIONAL USE FOR A DAYCARE TO BE LOCATED WITHIN THE EXISTING CHURCH BUILDING IN THE "E" ESTATES ZONING DISTRICT FOR A PROPERTY LOCATED ON THE NORTHWEST CORNER OF COLLIER BOULEVARD (CR 951) AND 5T" AVENUE SW APPROXIMATELY ONE HALF MILE NORTH OF PINE RIDGE ROAD. THIS SITE CONSISTS OF 2.73 ACRES. OBJECTIVE: To have the Board of Zoning Appeals render a decision regarding an application for a Conditional Use permitting a daycare in the "E" Estates zoning district. CONSIDERATIONS: The applicant is requesting Conditional Use "3" of the "E" Estates zoning district for a daycare to be located inside the church building (PU- 88 -21, SDP- 90 -90). The applicant intends to provide daycare services for no more than 15 children. The ITE Trip Generation manual indicates that the proposed land use will generate 50 trips on a weekday. Based on this data, the site - generated traffic will not exceed the significance test standard (5 percent of the level of service LOS "C" design volume) on Collier Boulevard. In addition, the site - generated trips will not lower the LOS below the adopted LOS standard for any segment within the project's radius of development influence (RDI). Therefore, this project is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). The Collier County Planning Commission heard this petition on October 5, 2000 and by a unanimous vote recommended approval. Staff has received no written or oral objections to the grant of this request; therefore, this petition does qualify to be placed on Summary Agenda. FISCAL IMPACT: The proposed land use will occur within an existing church building. Therefore, there should be no fiscal impact associated with this request. GROWTH MANAGEMENT IMPACT: The subject property is located in the Urban Residential area as shown on the FLUE map of the GMP. The property is zoned "E" Estates. This district allows for certain conditional uses such as daycares. Therefore, this request is consistent with the FLUE of the GMP. AGENDA 11T NOV 1 h 2000 P%-__Z-- ENVIRONMENTAL ISSUES: This petition was reviewed by the Environmental Staff of Current Planning Services. Their review comments did not indicate any environmental issues. Furthermore, this project did qualify for exemption from the EAC review. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, a Historical /Archaeological Survey and Assessment was provided. STAFF RECOMMENDATION TO THE CCPC: Staff recommendation to the CCPC was to forward this petition to the Board of Zoning Appeals with a recommendation for approval. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: This petition was not reviewed by the EAC, as there were no environmental issues associated with this site. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission reviewed CU- 2000 -08 and by a unanimous vote recommended that the Board of Zoning appeals approve this petition. AGENDA No. 17 i•iuV 2000 PREPARED BY: C�t� l o /4i Z� CHAHRAM BADAMTCHIAN, Ph.D., AICP DATE PRINCIPAL PLANNER Rl:VIEWED BY: lo o� C� ONA I O, AICP, MANAGER DATE CURRENT PLANNING SECTION ROBERT J. MULHERE, AICP, DIRECTOR DATE PLANNING SERVICES APPROVED BY: ioI M. DUNNUCK Ii , INTERIM ADMINISTRATOR DATE CONWUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION AGENDA NOV 14 2000 Pa. J 0 ,1 AGENDA ITEM 7 -I MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: September 11, 2000 RE: PETITION NO: CU 2000 -13 OWNER/AGENT: Owner: Bethesda Pentecostal Church 13065 Collier Boulevard Naples, FL. 34116 Agent: Pastor Verna Nash to 13065 Collier Boulevard Naples, FL. 34116 REQUESTED ACTION: The applicant is requesting approval of a conditional use for a daycare to be located within the existing church building. GEOGRAPHIC LOCATION: The subject property is located on the northwest corner of Collier Boulevard (CR 951) and 5h Avenue SW approximately one half mile north of Pine Ridge Road, and is further described as South 180 feet of Tract 114, Golden Gate Estates Unit One, Collier County, Florida. This site consists of 2.73 acres. PURPOSE /DESCRIPTION OF PROJECT: The applicant is requesting Conditional Use "3" of the "E" Estates zoning district for a daycare to be located inside the church building (PU- 88 -21, SDP- 90 -90). The applicant intends to provide daycare services for no more than 15 children, -1- AGENDA ITYM 17 M No. NOV 14 2000 PQ._,1. __ 0 0 0 _._ � ■ , = . ■. ■, m § ■ f | | ■ \ § � |■ | ■. � �- | , | |� ! ■ !. . ■ "� _� � n _� | ; I.- ! ■ ■ ■ ■ | _2 . § � 0. � ■ • LU �m mom, __ __ | _ __, p &� ■ B' | ■ ` ■ � §� 5 ` ■ • © ■ - ® 2 §| N k • - � r _._ CL Q � W co - � 0 � z 0 E � - � CL Q � Z 4 Q U O � � � I � ■ , ■ !, | ■. ■, ■ f | | ■ \ § � |■ | ■. � �- | , | |� ! ■ !. . ■ "� _� � n � . | | ! ■ ■ ■ ■ | 0. � ■ • LU | _ __, p &� ■ B' | ■ ` ■ � §� ■ . ` ■ • © # - ® 2 §| N V 1N CL Q � W co - � 0 � z 0 E � - � CL Q � Z 4 Q U O � � � I *./ SURROUNDING LAND USE AND ZONING: Existing: - Church, zoned "E" Estates Surrounding: North - Vacant, zoned "E" Estates East - ROW, single family residence, zoned "E" Estates South - Vacant, zoned "E" Estates West - Vacant, zoned "E" Estates STAFF ANALYSIS a. Consistency with this code and Growth Management Plan. Pro: The site in question is zoned "E" Estates. Daycares, churches and similar land uses are permitted as Conditional Uses in the "E" Estates zoning district provided certain Iocational criteria are met. The subject property is designated Estates on the Future Land Use Map of the Golden Gate Area Master Plan. Con: None. Summary Conclusion (Findings): The requested use is permitted within the Estates zoning district, provided certain criteria are met. Furthermore, there is an official interpretation dated May 27, 1993 (GP -42 -1) stating "Improved properties granted a valid conditional use that do not meet the locational criteria of the Golden Gate Master Plan may be permitted to add a new conditional use that meets all the conditions and safeguards as outlined in section 2.7.4.4. of the Land Development Code." b. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Pro: The proposed daycare facility will use the existing ingress and egress point on 5th Avenue SW. This access point was built in accordance with the Collier County Right -Of -Way and other pertinent Ordinances. Con: None. Summary Conclusion (Findings): The ITE Trip Generation manual indicates that this site will generate 50 trips on a weekday. Based on this data, the site - generated traffic will not exceed the significance test standard (5 percent of the level of service LOS "C" design volume) on Collier Boulevard. In addition, the site - generated trips will not lower ADEN 1 No -2- ! NOV 14 2000 Pg.J2_ • the LOS below the adopted LOS standard for any segment within the project's radius of development influence (RDI). Therefore, this project is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). c. The effect the conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects. Pro: This site is surrounded on three sides by vacant land and on the remaining side it abuts Collier Boulevard. The church is already there and this use will occupy one of the existing rooms within the church. Con: None. Summary conclusion (Findings): The addition of the proposed daycare will have no negative impact on neighboring properties. d. Compatibility with adjacent properties and other property in the district. Pro: As discussed above, this site is adjacent to vacant properties on three sides. The site contains a church. No new building is proposed with this request. Cone: None. Summaryy Conclusion (Findings): The proposed use is compatible with the existing land uses on the property and will not affect the surrounding properties. STAFF RECOMMENDATION: Staff recommends that the CCPC forward Petition CU- 2000 -13 to the BZA with a recommendation for approval. No.- - Z-7— —f� _ 3 _ 1 Nov 14 2000 PL._7 PREPARED BY: Irk CHAHRAM BADAMTCHIAN, Ph.D., AICP DATE PRINCIPAL PLANNER REVI WED R NALD F. NINO, AICP, MANAGER DATE CURRENT PLANING SERVICES 7,0 'r/ ROBERT J. MULHERE, AICP, ATE PLANNING SERVICES ` APPROVED BY: VINCENT CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION Petition Number: CU- 2000 -13 Staff Report for October 5, 2000 CCPC meeting. NOTE: This Petition has been advertised for the November 14, 2000 BCC meeting. COLLIER COUNTY PL NG COMMISSION: J RUSSE L A. BUDD, CHA MAN -- < AGENDA ITEM NOV 14 2000 -4- P9._ JQ • RESOLUTION 2000- A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A CHILD CARE CENTER CONDITIONAL USE "3" IN THE "E" ESTATES ZONING DISTRICT PURSUANT TO SECTION 2.2.3.3. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 10, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67 -1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91 -102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said • regulations made and provided, and has considered the advisability of Conditional Use "3" of Section 2.2.3.3. in an "E" Estates Zone for a Child Care Center on the property hereinafter described, and has 0 found as a matter of fact (Exhibit "A ") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: The petition filed by Pastor Verna Nash representing Bethesda Pentecostal Church with respect to the property hereinafter described as: South 180 feet of Tract 114, Golden Gate Estates Unit One, as recorded in Plat Book 4, Pages 3 and 4, Official records of Collier County, Florida. be and the same is hereby approved for Conditional Use "3" of Section 2.2.3.3. of the "E" Estates Zoning District for a Child Care Center subject to the following conditions: Exhibit "B" which is attached hereto and incorporated by reference herein. -1- d NOV 14 2000 pg.---,L— BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of , 2000. ATTEST: DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency: Marjo& M. Stude — Assistant County Attorney gJadmin/CU- 2000 -131 RESOLUTION /CB /im i a BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: JAMES D. CARTER, Ph.D., CHAIRMAN -2- No. NOV 14 2000 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2000 -13 The following facts are found: 1. Section 2.2.3.3.3 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and • pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: CHAIRMAN: EXHIBIT "A" FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2000 -13 The following facts are found: 1. Section 2.2.3.3.3. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: MEMBER: g /admin /CU- 2000 -13f /FINDING OF FACT MEMBER /CB /im tim 170 Nov 14 2000 pg._ 1,2- 0 CONDITIONS OF APPROVAL CU- 2000 -13 This approval is conditioned upon the following stipulations requested by the Collier County Planning Commission at its public hearing on October 5, 2000. a. The Current Planning Manager may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and Approval, of the Collier County Land Development Code, Ordinance (91 -102). EXHIBIT "B" AGENDA ITEM NO. 1T �6 NOV 14 2000 pg. _- -_ 5I Petition No.: C U 00 13 Date Petition Received: Commission District: Planner Assigned: ABOVE TO BE COMPLETED BY STAFF t �na.,yua: PUAw SEF•?v 11;Ez 1. General Information ' / Name of Applicant(s) z�C Applicant's Mailing Address City /V//q State ��. Zip 'S'"/ �Q Applicant's Telephone # g,�,5 ',S'�%� Fax # Name of Agen/ 47/Z. irm �''Tfi�� / �►!! �S; :� Agent's Mailing Address .S/7 m City State Agent's Telephone # -- f'� Fax # Zip COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES /CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403- 2400/FAX (941) 643 - 6968 NOVNo. AGENDA ITW 2000 1 4 APPLICATION FOR PUB _i . PUBLIC HEARING FOR CONDMONA USE - 6198 PAGE 1 F 15 PY._L L__ • 0 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: Mailing Address City State Zip Name of Homeowner Association: Mailing Address Name of Homeowner Association: Mailing Address Name of Master Association: Mailing Address Name of Civic Association: Mailing Address N' City City State Zip State Zip City State Zip City State Zip 2. Disclosure of Interest Information: r a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership I'-- too b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. N e, Ad ess and Office Percentage of Stock J o E /er— -A n V AM&H -41,L• C. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership Date of Contract: PAGE AGENDA ITEM NOV 14 2000 OF %_Z'. f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. • Name and Address g. Date subject property acquired () leased (): Term of lease yr. /mos. If, Petitioner has option to buy, indicate date of option: and date option terminates: , or anticipated closing date h. Should any changes of ownership or changes in contracts for purchase subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. 3. Detailed legal description of the proper covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, • maximum 1" to 400' scale) if required to do so at the pre- application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: Township: Range: Lot: // Block: Subdivision: Plat Book Page #: 5 sc Property I.D. #: T Metes & Bounds Description: c t �N � �7' W' 5. • Size of property: ft. X ft. = Total Sq. Ft. Acres Address /general location of subject property: /33(x' PAGINM z,-7,6. NOV 14 2000 4 Oq 5 /�' 6 . Adiacent zoning and land use: Zoning and use N S E W Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section: /v Township: Range: Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: Metes & Bounds Description: 7. Type of Conditional Use: This application is requesting conditional use # -2., _of the E district for (TYPE OF USE) _ C , ; U� /� /_, Present Use of the Property: 8. Evaluation Criteria: Provide a narrative statement describing this request for conditional use. NOTE: Pursuant to Section 2.7.4. of the Collier County Land Development Code, staff's recommendation to the Planning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met, and that further, satisfactory provision and arrangement have been made concerning the following matters, where applicable. Please provide detailed response to e c � �� criterion listed below. Specify how and why the request is consistent N ith we (Attach additional pages as may be necessary). NOV 14 2000 APPLICATION FOR PUBLIC HEARING FOR ONDITIONA 1 6M PAGE OF �Q f� a. Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan (include information on how the request is consistent with the applicable section or portions of the future land use element): b. Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: ^, /U • c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact and odor: • d. Describe the site's and the propose other properties in the district: ,r—�X s. /S 7-, nJe,- Pi is compatibility with adjacent properties and e. Please provide any additional information which you may feel is relevant to this request. AGENDA NOV 14 2000 PAG OFS__Z? _ 9. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. 10. Previous land use petitions on the subject oroneM: To your knowledge, has a public hearing been held on this property with th last year? If so, what was the nature of that hearing? 11. Additional Submittal requirements: In addition to this completed application, the following must be submitted in order for your application to be deemed sufficient, unless otherwise waived during the preapplication meeting. a. A copy of the pre - application meeting notes; b. Eleven (11) copies of a 24" x 36" conceptual site plan [and one reduced 8' /z" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; • all existing and proposed structures and the dimensions thereof, • provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), • all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], • locations of solid waste (refuse) containers and service function areas, • required yards, open space and preserve areas, • proposed locations for utilities (as well as location of existing utility services to the site), • proposed and/or existing landscaping and buffering as may be required by the County, • location of all signs and lighting including a narrative statement as to the type, character, and dimensions (such as height, area, etc.); c. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC). AGENDA Na /i NOV 14 2000 PAGI7 OF 15 P9. • d. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. C • e. Statement of utility provisions (with all required attachments and sketches); f . A Traffic Impact Statement (TIS), unless waived at the pre- application meeting; g. A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre - application meeting); h. Any additional requirements as may be applicable to specific conditional uses and identified during the pre- application meeting, including but not limited to any required state or federal permits. APPLICATION FOR PUBLIC HEARING FOR CONDMONAT, USE 6/99 NOV 14 2000 PAG 8 OF 15 1. NAME OF APPLICANT: Z," W /--A C/,2 14-A 0 2. MAILING ADDRESS: -s-, 1Y 4 A j CITY ZIP c—P 3. ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 4. LEGAL DESCRIPTION: Section: Township: Range: Lot: Block: l Subdivision: Plat Book Page #:75 -N Property I.D. #: Metes & Bounds Description: r,,SO &7;�( 1,f49 f" 7— 5. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a . COUNTY UTILITY SYSTEM IJ b . CITY UTILITY SYSTEM c . FRANCHISED UTILITY SYSTEM ❑ PROVIDE NAME d . PACKAGE TREATMENT PLANT F-1 (GPD capacity) e . SEPTIC SYSTEM F-1 6. TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM E3 PROVIDE NAME d. PRIVATE SYSTEM (WELL) AGENDA ITEIVI- NO'S 14 2000 PAGE 1f OFpl#i�_ 7. TOTAL POPULATION TO BE SERVED: 8. PEAK AND AVERAGE DAILY DEMANDS: A. WATER -PEAK AVERAGE DAILY B. SEWER -PEAK AVERAGE DAILY 9. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: 10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of effluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. 11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior • to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. 12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre - application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. Utility Provision Statement RIM 10/17197 O AGENDA ITE' ��_ NOV 14 2000 APPLICATION FOR PUBLIC HEARING FOR ONDITION t S - 6/98 PAGE 13 F 15�g EXECUTIVE SUMMARY PETITION V- 2000 -19, MARK AND JENNIFER JOHNSON, REQUESTING AN 8.4 -FOOT VARIANCE FROM BOTH REQUIRED 30 -FOOT SIDE YARD SETBACKS FOR ACCESSORY STRUCTURES IN ORDER TO ESTABLISH 21.6 -FOOT SIDE YARD SETBACKS FOR A TENNIS COURT ACCESSORY STRUCTURE FOR PROPERTY LOCATED AT 95 MYRTLE ROAD, FURTHER DESCRIBED AS LOT 19, BLOCK P, PINE RIDGE EXTENSION, IN SECTION 3, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: To have the Board of Zoning Appeals render a decision on a dimensional variance of 8.4 feet from the required 30 -foot side yard setbacks for accessory structures. If approved, the reduced side yard setbacks will allow the petitioners to construct a standard size tennis court with 10- foot -high court fencing and landscaping within the rear yard area of their home. CONSIDERATIONS: The petitioner is requesting this variance in order to construct a standard size tennis court for personal use and training of their children who compete in tennis. The recommended tennis court is 60 feet by 120 feet in size per U.S. Tennis Association (USTA) standards (see Staff's Report). The lot is trapezoidal and is only 161.5 feet wide along the rear lot line as compared to the 200 - foot -wide front lot line. If the variance is approved, the 60 -foot by 120 -foot tennis court will encroach into the 30 -foot wide side yard setbacks by approximately 8.4 feet at the widest point and approximately 3.75 feet at the narrowest point of placement within the rear yard. The area where the proposed tennis court will be placed is only 163.2 feet wide at its narrowest point and about 172.5 feet at its widest point. The request will also allow a typical 10 -foot chain link fence around the court perimeter in order to contain stray balls. The request will not affect the 15 -foot rear yard setback. The 1.1 acre residential lot also contains a home (2,400 ± square feet), a garage, a 512 - foot guest house, and a swimming pool. If approved, the petitioners will move a small guest house to make room for the proposed tennis court. The petitioner also examined the possibility of moving the swimming pool, but the petitioner would still need a variance from either the rear yard setback or the side yard setbacks depending on how the tennis court would be placed on the site. AGENDA NOV 14 2000 Pg- _-- _4_ ---- Summary If approved, the proposed variance will allow the applicant to construct a tennis court per USTA standards, which is desirable for training and practice. Placement of the proposed tennis court in any other area of the rear yard would still require a variance to either the rear yard or the side yards; therefore, this request is considered minimal. The placement of a tennis court within the side yard setbacks by as little as 3.75 feet to 8.4 feet will have little or no impact on neighboring properties if the petitioners meet staff's conditions as proposed in the adopting resolution. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: The approval of this variance will not affect or change the requirements of the Growth Management Plan. ENVIRONMENTAL ISSUES: None HISTORIC /ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map, and the site has already been developed. PLANNING SERVICES STAFF RECOMMENDATION: Staff assigned to the review of this petition found it consistent with the policies and objectives of the Collier County Growth Management Plan and the Land Development Code. Staff also found that the proposed variance request will cause little or no impact to any existing and future development as stated in Staff's Report to the Collier County Planning Commission on October 5, 2000. Staff recommends approval of V- 2000 -19. ENVIRONMENTAL ADVISORY COMMITTEE: This petition was not required to be heard by the Environmental Advisory Committee. PLANNING COMMISSION RECOMMENDATION: At the October 5, 2000 meeting of the Collier County Planning Commission, the Planning Commission voted unanimously on a motion to forward V- 2000 -19 with a recommendation of approval. There were no major issues and no objections from the public. AGENDA ITEM N0. Z 7 NOV 14 2000 Pg.�_ PREPARED BY: .1 F BY: RONALD 7 -NINO, AICP CURRENT PLANNING MANAGER ROE(ERf J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR APPROVED BY: -S JO M. DUNNUCK, III INT RIM ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS 10-2-3 DATE ib --12y.6 DATE DATE ►►�3io� DATE Petition V- 2000 -19 Mark and Jennifer Johnson. Tentatively scheduled for the November 14, 2000 BZA (BCC) meeting. NOV 14 2000 I ps `3 %W f AGENDA ITEM 7 -D MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT AND ENVIRON. SERVICES DIVISION DATE: SEPTEMBER 12, 2000 RE: V- 2000 -19 JOHNSON AGENT /OWNER: Agent /Owner: Mark and Jennifer Johnson 95 Myrtle Road Naples, FL 34108 REQUESTED ACTION: The petitioners are.requesting a dimensional variance of 8.4 feet from both of the required 30- foot side yard setbacks for accessory structures in the RSF -1 Zoning District. If approved, the reduced side yard setbacks will allow the petitioners to construct a standard size tennis court with 10- foot -high court fencing and landscaping within the rear yard area of their home. GEOGRAPHIC LOCATION: The subject property is located at 95 Myrtle Road in the Pine Ridge Extension Subdivision, Lot 19, Block P, as recorded in Plat Book 3, Page 51 of the Public Records of Collier County, Florida (see location map on following page). PURPOSE/DESCRIPTION OF PROJECT: The petitioner is requesting this variance in order to construct a standard size tennis court for personal use and training of their children who compete in tennis. The recommended tennis court is 60 feet by 120 feet in size per U.S. Tennis Association standards (see attachment). The 1.1 acre residential lot contains a home (2,400 t square feet), a garage, a 512 -foot guest house, and a swimming pool. If approved, the petitioners will move the small guest house to make room for the tennis court. 1 NOV 14 2000 L' Ism, M_ son WIN KIM ew�N1RM till 11,11, . _ ell - -�,�wasFw Row g q --- - --- Rmso+n _ - - -- Q it r<r �U 1 tGUl1R1D ROAD' n - �y ggg a E nit III R g n arm Dwr 2LLZMO D 3koV ON € ` 0 u• """'WDA I (11 S'll) 71�W 1 F' I lilt ` a '2 • + NM C3 � '+ e 10{ YO) 'y0 LlIB1DOM�A Q P i 0 Z 0 f- W d p;_0 0 V J 71 The lot is trapezoidal and is only 161.5 feet wide along the rear lot line as compared to the 200 - foot -wide front lot line. If the variance is a?;proved, the 60 -foot by 120 -foot tennis court will encroach into the 30 -foot wide side yard seibacks by approximately 8.4 feet at the widest point and approximately 3.75 feet at the narrowest point of placement within the rear yard. The area where the proposed tennis court will be placed is only 163.2 feet wide at its narrowest point and about 172.5 feet at its widest point. The request will also allow a typical 10 -foot chain link fence around the court perimeter in order to contain stray balls. The request will not affect the 15 -foot rear yard setback. MINIMUM YARD REQUIREMENTS FOR SUBJECT PROPERTY: Front: 50 feet Side: 30 feet Rear Principal Structure: 50 feet Rear Accessory: 15 feet per Section 2.6.2. of the LDC SURROUNDING LAND USE AND ZONING: Existing: Single family home, RSF -1 Zoning District Surrounding: North — residential South — residential East — residential West — residential HISTORIC /ARCHAEOLOGICAL IMPACT: The petitioner's property is located outside an area of historical and archaeological probability and has already been developed. Therefore, no Historical/Archaeological Survey and Assessment is required. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: Approval of this variance request will have no effect on infrastructure, transportation or the environment. ANALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals (BZA) to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Subsection "4" (a) through (h) which are general guidelines to be used to assist the Commission in making a determination. Responses to items in this Subsection are as follows: a. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved? FA Na Nov 14 2000 Pik. • Yes, special conditions and circumstances exist in that the shape and configuration of the petitioner's property causes some constraints to constructing a standz- d -sized tennis court in this case. The lot is trapezoidal in shape becoming narrower at the rear of the lot and wider at the front of the lot. This is a typical shape for some of the lots found in this type of subdivision and other homeowners may need a variance of some width to accommodate a standard size tennis court as recommended by the U.S. Tennis Association and the U.S. Tennis Court and Track Builders Association. b. Are there special conditions and circumstances which do not result from the action of the applicant such as pre- existing conditions relative to the property which is the subject of the variance request? MM C. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? The variance request could be considered minimal given the trapezoid shape of the lot; therefore, the literal enforcement of the side yard setbacks could be considered unnecessary. This is especially true considering that if the tennis court was built to less than the recommended standard size it would still cause no greater impact to the surrounding neighbors. The tennis court will only extend from 3.75 feet to 8.4 feet into the required 30 -foot side yards. The proposed encroachment is necessary to provide an adequate sized tennis court for regulation play, and the request should be considered minimal because the request should not cause more impact than would be the case if it were constructed on a wider lot with adequate side yards. d. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? The variance requested is the minimum variance that will allow the petitioner to place the recommended standard -sized tennis court in the rear yard. The request is not unreasonable and can be limited to only the tennis court use. If the variance is not approved, it will not impede the reasonable use of the subject property nor will it limit the health, safety and welfare of those using it. e. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? No. Granting the requested variance in order to allow the-petitioners to build a tennis court to regulation size is not a special privilege denied to others in the district. Other neighbors may or may not be able to construct the same type and size of tennis court on their properties with or without a variance, but tennis courts are permitted accessopA= 3 AGENDA NOV 14 2000 pg.— M. in this zoning district. Furthermore, the granting of this variance should not cause any visual or noise impacts to any neighboring properties due to the size of the lots and setbacks if the petitioners shield and direct lighting only onto t1leir property. f. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? It is staff's opinion that granting this variance will be in harmony with the general intent and purpose of the RSF -1 Zoning District, which is to provide lands for low density, single family use. The requested variance will not allow any principal or accessory use that is not normally allowed in this district to intrude into the neighborhood or into the lot setback area. After considering all possible impacts, granting the requested variance would not be injurious to the area and it would not be detrimental to the public welfare. Neither would granting this variance be injurious to any neighbor or neighboring property. Therefore, Staff considers this request minimal and in harmony with the general intent and purpose of the Land Development Code and the yard requirements therein. g. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? There are no natural conditions that ameliorate the goals and objectives for the required setback, but the lots in this zoning district are required to meet substantial setbacks from property lines which help to lessen any possible impacts that an accessory use, such as the proposed tennis court, might cause to neighboring principal structures. Required yard setbacks have their derivation on relationships of health and safety, which are translated into sufficient space between buildings to allow for circulation of air movement and penetration of sunlight around buildings to the greatest extent possible. To this degree, the proposed tennis court should not be injurious to public health and safety standards. h. Will granting the variance be consistent with the Growth Management Plan? The granting of the requested variance will not affect or change any of the requirements of the Growth Management Plan. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition V- 2000 -19 to the Board of Zoning Appeals with a recommendation for approval with the conditions as stipulated in the Resolution of Adoption. AGENDA ITEM NOV 14 2000 4 Pt._ • PREPARED BY: n r� LJ DONALD Y, CP PRINCIPALMANNER M. F. VINO, AICP C PLANNING MANAGER ROBERT J. MULHERE, AICP PLANNING SERVICES DIRECTOR APPR VED BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. & ENVIRON. SVCS DIVISION `/- 1171-00 DATE 9,�)'►-cn�o DATE q'xal . 6D DATE `7 -a4^oj DATE Staff Report for the October 5, 2000 CCPC meeting. Note: This petition is tentatively scheduled for the November 14, 2000 BZA meeting. COLLIER COUNTY PLANNING COMMISSION: RUSI-ELL A] i I.. STAFF REPORTN- 2000- 19/DJM 5 AGENDA IT! Nov 14 2000 Pg. i (VARIANCE FROM SETBACK (S) REQUIRED FOR A PARTICULAR 1--v, 00-19 Petition No. Commission District: ,;Qz - 3 20u0 Date Petition ------------------ - - - - -- Planner Assigned: ti) YI -A ABOVE TO BE COMPLETED BY STAFF Petitioner's Name: HARK. i J E n1 NJ I 1'2 J 0+l l' ( S tq t p Petitioner's Address: % S M y(� 1 t aNh L� PI, .(z J .� Telephone: Agent's Name: Agent's Address: Telephone: COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES /CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403- 24001FAX (941) 643 -6968 Application for Variance Petition - 8/98 Page 1 of 8 AGENDA ITEM No. NOV 14 2000 Pa. Id _ Complete the following for all Association(s) affiliated with this petition. (Provide additional • sheets if necessary) Name of Homeowner Association: Mailing Address City State Zip Name of Homeowner Association: Mailing Address Name of Homeowner Association: Mailing Address City City State Zip State Zip Name of Master Association: • Mailing Address City State Zip -� Name of Civic Association: P -rF , -J) I.-�= AnDGr fM76Y� Mailing Address Pax -�!?!Q' City State Zip`s `02D PROPERTY DESCRIPTION: Legal Description of Subject Property: (,od IE 561 - c 40 r, Subdivision: PM P— — LxiZU �lJnit Lot (s) �_ Block (s) r Section Twp. Range o2 Property I.D. # - (n L`�8 Metes & Bounds Description: AUMA nEM Nov 1 4 2000 Application for Variance Petition - 8/98 Page 2 0 Pg ! Ll Address of Subject Property: (If different from Petitioner's address) Current Zoning and Land use of Subject Parcel: RS F - ( _ QC S I hEN ID A L. Adjacent Zoning & Land Use: N S -RL F'I W Mf- I E -P, Sf- I 2 t C I Aa--� n ft L-_ Q>;. s I -b E- A-t, R-E S, I -1 r i "1 A- L- Minimum Yard Requirements for Subject Property: A CC.ES,--r,,aR-f Front: S 0 Side: S 0 Rear: Application for Variance Petition - 8198 Corner Lot: Yes [] No Waterfront Lot: Yes M No NOV 14 2000 Page 3 f 8 Pg•� • Mature of Petition Provide a detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25' to 18'; when property owner purchased property; when existing principal structure was built (include building permit number (s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. R A � SrM . ..a • I ►_ �f J • !ice t a■ ■ r au ill v fr v L.t t� • r H-VwS� 1 Pr a 4 IN, _ ' 9r A . V -01 1 awe. E■ r ' .11 lmz A ITEM NOV 14 2000 Application for Variance Petition - 8/98 Page 4 of 9 pQ, /�,_ Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the Board of zoning Appeals, and that the Board of zoning appeals shall be guided in its determination to approve or todeny a variance petition by the below listed criteria (1 -8). (Please address this criteria using additional pages if necessary.) 1. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. M. ■ Ma a _-.■ ' Ls Z. Are there special conditions and circumstances which do not result from the action of the applicant such as pre - existing conditions relative to the property which is the subject of the variance request. Ar 3. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. ))l s� '3 .t r� t.. ' ■_ 4. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. Application for Variance Petition - 8/98 Mo. NOV 14 2000 Page 5 of 8 1 P9'—A-1— Am 5. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regul%tions to other lands, buildings, or structures in the same zoning district. _ A 6L- n+- ?- ,, • J a- Ai i� t,-L- ,t-,1 D4�,,SS 6. Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. (L 6-'(A147- Eh 1�Q�� =� i t e`S ►..5 -i G.t.. R.x-�r-t v9-� r.,f t r�i1'� �i _ • 7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. r- 8. Will granting the variance be consistent with the growth management plan. • LNOV TEM 2000 Application for Variance Petition - 8/98 Page 6 0 THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS # OF COPIES REQUIRED I. Completed Application 15 2. Completed Owner /Agent Affidavit, Notarized 1 3. Pre - application notes /minutes 15 4. Survey of property, showing the encroachment 1 (measured in feet) 5. Site Plan depicting the following: 15 v a) All property boundaries & dimensions b) All existing and proposed structures (labeled as such) c) North arrow, date and scale of drawing d) Required setbacks & proposed setbacks 6. Location map depicting major streets in area for 1 ✓" reference 7. Application fee, checks shall be made payable to - Collier County Board of Commissioners 8. Other Requirements - N `R As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing of this petition. Applicant/Agent Signature Application for Variance Petition - 8/98 Date AGENDA ITEM NOV 14 2000 Page 7 f 8 We /1, C J a'Ja -Y` do f-w�'- being first duly sworn, depose and say that we /1 am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. WeJI understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner Well further authorize _ to act as our /my representative in any matters regarding this Petition. Signature of Property ner" Typed or Printed Name of Owner C� J Signature of Property Owner Typed or Printed Name of Owner 4��re going instrument was acknowledged before me this day of by l�arK ��ann�-�nr' 7chn�n who is personally known to me as produce as identification. J'5a5 Ss-7 Szc�H 3c� T5a-5 `i3 3 L.ot�8o5 I State of Florida County of Colli aY a arFICIALNO7ARYSEM O1r ��! CHRISTINE MNLLOUGHEIY • �► COMMISSION NlAVIBER Ccasseeo MY MAMISS04 E)MRM OF 0`81O MAR. 23 2002 .L,�f t (Print, Type, or Stamp Ca Name of Notary Public) Application for Variance Petition - 8/98 Page 8 of 8 FIAGEMA / rd_ - - NOV 14 2000 Pg• / 7 — LJ Xsports - Recommended Tennis Court Layout "Bringing Taxxis Technology to the World" AOPI&44ww Tel: (516) 767 -9114 * Fax: (516) 767 -7548 COURT A mm- Bull � OERS M.00IATIOR Guide Specifications for the General Requirements and Conditions - Revised 1988 Recommended Tennis Court Layout (Not to Scale) 18' 21 K C Back to Tennis Court Dimensions and Related Measurements When you play with the best, you are the winner." http : / /www.xsports.comtmsrmnts.html 7 . NOME INDEX EMAIL ORDER Page 1 of I AGENDA ITEM MM-17 0, NOV 14 2000 I POST SIDE LINE { ALLEY LINE �tE' LEFT RIGHT SERVICE F- SERVICE 13f COURT COURT U pq V � CENTER SERVICE LINE v RIGHT SERVICE ,._ SERVICE 13 B• �¢ COURT W i COURT I Back to Tennis Court Dimensions and Related Measurements When you play with the best, you are the winner." http : / /www.xsports.comtmsrmnts.html 7 . NOME INDEX EMAIL ORDER Page 1 of I AGENDA ITEM MM-17 0, NOV 14 2000 0 • U The Rules of Tennis Par- 1 of 2 I� The Rules of Tennis The Singles Game 1. The Court The Court shall be a rectangle 78 feet (23.77m.) long and 27 feet (8.23m) wide. USTA Comment: See Rule 34 for a doubles court. It shall be divided across the middle by a net suspended from a cord or metal cable of a maximum diameter of one -third of an inch (0.8cm.), the ends of which shall be attached to, or pass over, the tops of two posts, which shall be not more than 6 inches (1 5cm.) square or 6 inches (1 5cm.) in diameter. These posts shall not be higher than 1 inch (2.5cm.) above the top of the net cord. The centres of the posts ` shall be 3 feet (.914m.) outside the Court on each side and the height of the posts shall be such that the top of the cord or metal cable shall be 3 feet 6 inches (1.07m.) above the ground. When a combined doubles (see Rule 34) and singles Court with a doubles net'is used for singles, the net must be supported to a height of 3 feet inches (1.07m.) by means of two posts, called "singles sticks ", which shall be not more than 3 Indies (7.5cm.) square or 3 inches (7.5cm.) in diameter. The centres of the singles sticks shall be 3 feet (.914m.) outside the singles Court on each side. The net shall be extended fully so that it fills completely the space between the'two posts and shall be of sufficiently small mesh to prevent the ball passing through. The height of the net shall be 3 feet (.914m.) at the centre, where it shall be held down taut by a strap not more than 2 inches (5cm.) wide and completely white in colour. There shall be a band covering the cord or metal cable and the top of the net of not less than 2 inches (5cm.) nor more than 21/2 inches (6.35cm.) in depth on each side and completely white in colour. There shall be no advertisement on the net, strap, band or singles sticks. The lines bounding the ends and sides of the Court shall respectively be called the base -lines and the side - lines. On each side of the net, at a distance of 21 feet . (6.40m.) from it and parallel with it, shall be drawn the service - lines. The space on each side of the net between the service -line and the side -lines shall be divided into two equal parts called the service -courts by the centre service -line, which musfbe 2 . inches (5cm.) in width, drawn half -way between, and parallel with, the side - lines.. USTA Comment: The following is an approved method for obtaining 'propernet tautness. First, loosen the center strap. Next, tighten the net cord until it is approximately 40 inches above the ground, being careful not to overtighten the net,, Finally, tighten the center strap until the center of the net is 36 inches above the, ground. These measurements should always be made before the first match of the day. Each base -line shall be bisected by an imaginary continuation of the centre servlce- line to a line 4 inches (10cm.) in length and 2 inches (5cm.) in width called the "centre mark" drawn inside the Court, at right angles to and in contact with such.< base - lines. All other lines shall be not less than 1 inch (2.5cm.) nor more than 2 #. inches (5cm.) in width, except the base -line, which maybe not more than 4 Mcbeer (10cm.) in width, and all measurements shall be made to the outside'of the lines,. I AGE1vG� lines shall be of uniform colour. If advertising or any othermaterial Is placed at the 1 back of the Court, it may not contain white, or yellow. A light :colour may only be`u d if this does not interfere with the vision of the players. ©V� fi 4 2000 http: //216.199.22.140/ruies/Ruie l .html The Rules of Tennis If advertisements are placed on the chairs of the linesmen sitting at,the back of the court, they may not contain white or yellow. A light colour may only be used if this does not interfere with the vision of the players. #TF Note 1: In Davis Cup, Fed Cup and the Official CharnrnpionabiM of the . International Tennis Federation, specific requirements with,regard to the space behind the baseline and at the sides are included in the respective Regulations for these events. ITF Note 2: At club or recreational level, the space behind each baseline should be not less than 18 feet (5.5m) and at the sides not less than 10 feet (3.05mj.: http : //216.199.22.140/rules/Rule l .htnil ® 2000 United States Tennis AssodsdOn Page 2 of 2 AGENDA ITYJM Na /% NOV 14 2000 pg. 0 • L_J The Rules of Tennis A Page I of I http:// 216 .199.22.140 /rules/Rule34.htn-d RESOLUTION NO. 2000- RELATING TO PETITION NUMBER V- 00 -19, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91 -102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of two 8.4 -foot variances from both of the required side yard setbacks of 30 feet to 21.6 feet as shown on the attached plot plan, Exhibit "A ", for tennis court accessory use in an RSF -1 Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by Section 2.6.2.1.6 and Section 2.2.4.4.4.2, and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V -00 -19 filed by Mark and Jennifer Johnson, with respect to the property hereinafter described as: Lot 19, Block P, Pine Ridge Extension Subdivision, as recorded in Plat Book 3, Page 51, of the Public Records of Collier County, Florida. be and the same hereby is approved for two 8.4 -foot variances from both of the required 30- feet side yard setbacks to 21.6 feet each for an accessory use in an RSF -1 Zone as shown on the attached plot plan, Exhibit "A ", of the Zoning District wherein said property is located, subject to the following conditions: Exhibit `B" om NOV 14 2000 n -L,;2 BE IT RESOLVED that this Resolution relating to Petition Number V -00 -19 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of 2000. ATTEST: BOARD OF ZONING APPEALS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency: 7 � -_,l ,. Maijorii M. Student Assistant County Attorney g:N -00 -19 RESOLUTIOWDM /cw -2- JAMES D. CARTER, PhD., CHAIRMAN AGENDA ITEM No. 0e/ C NOV 14 2000 PQ J� ! . 21.6' 21.6' �3 V 00 -x9 Nom_.._. No. 1 4 2000 ` MARK 4 JE?,W JOFA4e N 95 MY ME ROAD wee, KOFMA Itjf • • Conditions for V- 2000 -19 1. Approval of this variance will be in accordance with Exhibit "A" with setbacks not to exceed those shown. 2. No other structure shall be permitted within the reduced side -yard setbacks except such accessory structures as may be permitted in Section 2.6.2. of the Land Development Code. 3. If the approved tennis court utilizes lighting, such lighting will be directed only onto the petitioners' property and will be shielded to prevent glare onto neighboring properties. 4. Chain -link tennis court fencing shall be limited to a height of 10 feet around the perimeter of the court and will contain no slats through the links. 5. A landscape plan shall be submitted for review and approval by the County Planning Services Department, which will specify suitable plant material to be used for screening around the court fence and to help limit any noise. Exhibit `B" AGENDA ITEM Na_ZZ C, NOV 14 2000 Pg -__¢s1,_' _ EXECUTIVE SUMMARY A RESOLUTION AMENDING THE LEGAL DESCRIPTION OF ORDINANCE 99 -84 FOR A PROPERTY IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST TO CORRECT A SCRIVENER'S ERROR IN THE LEGAL DESCRIPTION. OBJECTIVE: To have the Board of County Commissioners correct a scrivener's error in the legal description of Ordinance 99 -84. CONSIDERATION: The Board of County Commissioners approved Ordinance 99 -84 on November 23, 1999 rezoning certain property from "A" Rural Agricultural to "C -5" Heavy Commercial. The legal description supplied by the petitioner and contained in the ordinance was incorrect. FISCAL IMPACT: There is no additional fiscal impact to Collier County. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the scrivener's error correction to Ordinance 99 -84. PREPARED BY: ,Z,-�ZL lD• 3.00 FRILD UISCHL, AICP DATE SENIOR PLANNER 0 R — D F. NINO AICP ATE CURRENT PLANNING MANAGER Zo� 111bilov- ROBERT J. MULHERE, AICP DATE PLANNING SERVICES DIRECTOR 1112106 _ JO M. DUNNUCK, III, INTERIM ADMINISTRATOR DATE CO UNITY DEVELOPMENT & ENVIRONMENTAL SERVICES No. NOV 14 2000 ___J . •► I ORDINANCE NO. 99-8 4 WHEREAS, Blair A. Foley P.E. of Coastal Engineering Consultants, Inc., representing AmeriSite LLC, petitioned the Board of County Commissioners to %:&o we the zoning classification of the herein described real property; NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION ONE: The zoning classification of the real property as more particularly describedj► EOM i� 4:�.' N "A ", attached hereto and incorporated by reference herein, and located in;M§ -6, sa 1k Township 50 South, Range 26 East, Collier County, Florida, is changed fro¢I! *A" ltu g.,'., Agriculture to "C -5" Heavy Commercial and the Official Zoning Alias MV Nua> 06314, --++ as described in Ordinance 91 -102, the Collier County Land Development Code is hereby amended accordingly. The herein described real property is the am for which the rezone is hereby approved subject to the following conditions: Exhibit "B" No. NOV 14 2000 a -� AN ORDINANCE AMENDING ORDINANCE NUMBER 91 -102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE O ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 061314 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED ON THE EAST SIDE OF C.R. 951, NORTH OF RATTLESNAKE- HAMMOCK ROAD (C.R. 864), IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST. 'COLLIEK COUNTY, FLORIDA, FROM "A" RURAL AGRICULTURAL. TO "C-5" HEAVY COMMERCIAL FOR A STQAGE FACILITY; PROVIDING FOR STAFF AND PLalMNING COMMISSION STIPULATIONS; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Blair A. Foley P.E. of Coastal Engineering Consultants, Inc., representing AmeriSite LLC, petitioned the Board of County Commissioners to %:&o we the zoning classification of the herein described real property; NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION ONE: The zoning classification of the real property as more particularly describedj► EOM i� 4:�.' N "A ", attached hereto and incorporated by reference herein, and located in;M§ -6, sa 1k Township 50 South, Range 26 East, Collier County, Florida, is changed fro¢I! *A" ltu g.,'., Agriculture to "C -5" Heavy Commercial and the Official Zoning Alias MV Nua> 06314, --++ as described in Ordinance 91 -102, the Collier County Land Development Code is hereby amended accordingly. The herein described real property is the am for which the rezone is hereby approved subject to the following conditions: Exhibit "B" No. NOV 14 2000 a -� SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 933' day of Tw- 11999. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ATTEST: DWIGHT E. BROCK, CLERK Attest its `..a Chairman'3 a i ytti:tlrr 4. ell, I . APPROVED AS TO FORM AND LEGAL SUFFICIENCY MA RIE M. STUDENT ASSISTANT COUNTY ATTORNEY oR.Wgo RF2AM ORMANCEM" MAC'KIE, Chai This ordinonce filed with the Secretory of Staetee,s Office of �t� -. and acknowledlMn"t of that fill np eceived this X20 day Of By— o.o„n awk No. NOV 14 2000 Pg. 3 M-1998 1602 ACTION TITLE . 941 252 8664 P-82,,W � V � .�•�:�t• Kv i1�K.. �t t K � a • '~'� »w�» .�y;0 900K PAGE "�1 ibis i ffmtg Herd �I.�. �. �sfi 4-, W Pcwt . 1 n. 1-41 L. MARVIN v. MICLKB and BEVERLY J. MIRLKR. bushasd and wlfc. 6w.t..f1.....IL.1 16. ww.•M,. •. MAYOR A. $WTH. a sisal* man. .4- r."4N4..-61....1. 3906 Mercantile. Maples, Fla. 33942 w �: ►��/ ..r. s - �^ w ' r.•.r ' r r+•r• .. a. war M1119 itih: 76.1 A. n —am 1+• " in .. s&"um wi IL. wawa .i • 10.00 •wad -J- �'ndt,�t.��.w� ST.i:/'T.wi:.« -.Tip : .+«1'A-i:r ly Xlww•1..1..w1. L-6 p4h. 46+ 4...• .-:.«, ..1.•r.. ,+w-rr..od ....11n., .war- d.. prwwl.r..Y Hrl O l•iw L.J .:/ww•iw Co l l f or The North one -halt (11A). North one -Aait 411A), 5 North one -halt i.%). Southuest one - quarter �8m.111. Southwe■t one - quarter (SuM of Section 14. Tofnenhip So south. Ranqe 76 test. Collier County, rlorida. �•.� long Nest 100 feet thereof tar roadway. fM- BCi._to that ce-rtain awrtiaa�.$an.Maw4+r1►:'ll o a1.d Rerer3y J. HielW.'- Il-farur-of" If'tr P. Kent and 7herosa N. Kost, recorded In OR Book 796, peas 1420. Public Records of Collier County. Florida. eo T kn d" t0 ti 0 0 I N1,11 Piz . A oodher .44 ail I1. M ..w. 4wA~W a M.". A-'r III • N �tl• .rlw •/Mtl•lelam. TO Niue Bid t0 Hold. 11..... a Im d.rlr I.w... a- L.4 ••..wd.e m A rdd VW*. Am A. Pod. Y L,.i B,.W..J d•.d Lrd' N M d...frl d..l aw P+ww• has aw Aoki wj lw• osa� r me old Comm nw lamb A" Am W"Im L W4 Amour wh.n At wit N "a W d.J 84 &Jew dr M.W a.l.n & bi t dine. d .K a-.«.• rA.......... a d•1 .rli L.J r fi...1 •a wrw..i-....a W.0 1...r rt.od -e •A&-qftWu is oft -MLw 11. 1951. restrictions, reservations and easements of record. in UMM Moo(, A. wd.-r Law MW + .r a dw dr......i At +q er fr•• rti .L......Ia.R slf.d� a�fdd e.� Jlwald in ».1r...... . �.�.:rv_,�...._ •� >ivtrl ,... _ice srATa of Florida ( tow ew. M m wr COUNTY OF F_ S uaasgr Sam"rr on .0 dal, doe e.t— .n m .i.r &* .:f.Nd in n. aem aftif"M we '10 e, Comm ale."" w ump 00 w .r ,. .l.dw.r♦ r.rer AW-4 lieae9Ar B Arm ' •.. MARVIM V. HIM= and BBVBRLT J. WNUM, Deco wtowyStumpTmf husband and wife, Collin Cow* r. Aerials . r lama% » fr d-. V••m a amok" In w4 be n.,•.d Or MAID Cloak �. D4 t..rd.. w.r-rrn ni the)- 6t w.wevi We" war M tber by .....d ,f. w17wW rm fed '.•1'14•rL• Or..m aed eei�� . fur lam .I....t,: :• I f•� a•s :. � d '� i it G♦ faw•m KIM yon a %noes„ M e • . t'OaT ,am w'W' lled$" .may .O. 71iINW -•10 1 "''pyALlferteilraaa. NldWaat Title Guarantee Co. of pis �P"rd`+,idd0 .0 fY Shot• Rlyd. Me.. Oeplea. Fla. 31030 AAkm ,.16reon� unction With She lasuaaee of tttle insures — •rwo„�.i Y��y .7•R L r•. r. •.i ....r.. \.•L.i 6?tJ�{iY.r'• 'b-.I ' i . . . alit 10 1011% 99• .i G R -9940 REZONE CONDITIONS 1. Pursuant to Section 2.2.25.8.1 of the Land Development Code, If, during the oourse of site clearing, excavation or other construction activity, an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department shall be contacted. 2. M appropriate portion of native vegetation sham be retained on site as required by Section 3.9.5.5.4 of the Collier County Land Development Code. 3. M exotic vegetation removal, monitoring, and maintenance plan for the site, with emphasis on areas of retained native vegetation, shall be submitted to the Planning Services Director for review and approval, prior to Site Development Plan approval. 4. When, In the opinion of the Transportation Services Director, analysis reveals the need for a northbound deceleration lane on CR -951, the petitioner shall bear a fair-sham percentage for the required improvements with the other property owners using the canal crossing. 5. The canal crossing sham be Improved to all appft" County Land Development Codes and roadway standards prior to the issuance of any Certificates of Occupancy for any development on the subject property. 6. The permitted uses sham be those of the General Commercial (C-4) district and self - storage (SIC Code 4225). T. Major struchues and parking are not permitted on the eastern 400 feet of the site. No. EXHIBIT "B" j NOV 14 2000 ORDINANCE NO. 2000- AN ORDINANCE TO CORRECT A SCRIVENER'S ERROR IN 9 THE LEGAL DESCRIPTION FOR ORDINANCE 99 -84 WHICH ESTABLISHED A REZONE FROM THE "A" RURAL AGRICULTURAL ZONING DISTRICT TO THE C -5 HEAVY COMMERCIAL ZONING DISTRICT IN COLLIER COUNTY, FLORIDA AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, the Collier County Board of County Commissioners adopted Ordinance 99 -84, pertaining to a rezoning of land from the "A" Rural Agricultural Zoning District to the C -5 Heavy Commercial Zoning District, on November 23, 1999, and WHEREAS, following said action adopting Ordinance 99 -84, staff was advised that the property's legal description, Exhibit "A" of said ordinance, had been erroneously identified, and constitutes a scrivener's error. NOW, THEREFORE BE IT ORDAINED, by the Board of County Commissioners of Collier County, Florida that: SECTION ONE: SCRIVENER'S ERROR AMENDMENT That the legal description contained in Ordinance 99 -84, is hereby amended, by correcting the legal description to read as follows: The south 1/2 Th@ fiefth -b4 of the north 1/: of the north' /2 of the southwest' /. of the southwest' /, of Section 14, Township 50 South, Range 26 East, less and except the west 100 feet thereof for right -of -way purposes, as recorded in the Official Records of Collier County, Florida. SECTION TWO: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of 02000. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: James D. Carter, Ph.D CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency: Marion M. Student Assistant County Attorney Words are deleted; words underlined are added. -1-