02/11/2014 (CR)Agenda Item No. ��.d Agenda Item Topic
(For Public Comment, list toaic)
Meeting Date: zziaC/
Name: - Address:
Rep resentinglPetitioner:
COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYIST 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
YOU ARE LIMITED TO THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR
PUBLIC COMMENT IS NOT INTENDED TO BE A FORUM FOR SELF - PROMOTION. PUBLIC COMMENT SPEAKERS WHO ENGAGE IN ADVERTISING
THEIR BUSINESS, PERSONAL POLITICKING OR OTHER FORMS OF SELF - PROMOTION WILL BE ASKED TO LEAVE THE PODIUM.
PLACE COMPLETED FORM ON THE TABLE TO THE LEFT OF THE DAIS — PLEASE PRINT CLEARLY
A$jUjjUd ILC111 wV. I(7U njj 1r11uU_Y%'W 7I I 'Ur 0 t wii•vvw�vv -
(For Public Comment, list topic)
Meeting Date: Q) i i T14-
Name: Address: �—
RepresentinglPetitioner: /+)) *'
FrI
Other:
COLLIER COUNTY ORDINANCE NO. 2003-53, ASIAMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYIST 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
YOU ARE LIMITED TO THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR
,.,r„RrM1Ar'k1T ninT IK1TCAtr=Tn QC n Gr)DI Inn GnR QPI F_PRnnnnTlnN PI IRi it COMMENT SPEAKERS WHO ENGAGE IN ADVERTISING
Agenda Item No. 1 Agenda Item Topic Lv-- Pe I n1 c2 jr
,
(For Public Comment, list topic)
Meeting Date: ( P I I� o /
Name: V-p- Address:
RepresentinglPetitioner:
A
6 `f
e ,I //? S
Other:
l64- R
COLLIER COUNTY ORDINANCE NO. 2003-53, AS'AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYIST 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
YOU ARE LIMITED TO THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR
PUBLIC COMMENT IS NOT INTENDED TO BE A FORUM FOR SELF - PROMOTION. PUBLIC COMMENT SPEAKERS WHO ENGAGE IN ADVERTISING
TPPIP P1 PPRC(1NA1 P01 ITU'VIN(, (1P r)THFP F(1PNAC nP CFI F_PPr)hAnTI(1N VUII I PP ACKFrI TO I PAN /P THE Pooh iNA
Agenda Item No. i6/5 Agenda Item Topic
(For Public Comment, list topic)
g Date: tlC t (� �� i ✓�
Meeting 1.1 .
Name: J i v1A v-) Address: �S�43_
Representing/Petitioner:
re-S
Other:
COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYIST SHALL, BEFORE ENGAGING IN
ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE
Agenda Item No. of) Agenda Item Topic
(For Public Comment, list topic)
Meeting Date: 6k� I .q U ) q
Name: r LI �S Address: '� C 4 �E— Po-n i Vl SC l e.'
Representing/Petitioner:. 'A.
1 (--�
Other:
wl 5 C)L-
COLLIER COUNTY ORDINANCE NO. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYIST
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
YOU ARE LIMITED TO THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR
PUBLIC COMMENT IS NOT INTENDED TO BE A FORUM FOR SELF - PROMOTION. PUBLIC COMMENT SPEAKERS WHO ENGAGE IN ADVERTISING
THEIR BUSINESS, PERSONAL POLITICKING OR OTHER FORMS OF SELF - PROMOTION WILL BE ASKED TO LEAVE THE PODIUM,
PLACE COMPLETED FORM ON THE TABLE TO THE LEFT OF THE DAIS — PLEASE PRINT CLEARLY
Agenda Item No. 1 c, 8 Agenda Item Topic L-o,
(For Public Comment, list topic)
Meeting Date: �'� i 1_ j C 14
Name: h -7)r6.� S Address:
Representing/Petitioner:
I r�
�' q '� L,-, ro, WIS 16 �ez_'
Other:
ICU M'_5
COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYIST
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
YOU ARE LIMITED TO THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR
PUBLIC COMMENT IS NOT INTENDED TO BE A FORUM FOR SELF - PROMOTION. PUBLIC COMMENT SPEAKERS WHO ENGAGE IN ADVERTISING
THEIR BUSINESS, PERSONAL POLITICKING OR OTHER FORMS OF SELF - PROMOTION WILL BE ASKED TO LEAVE THE PODIUM.
PLACE COMPLETED FORM ON THE TABLE TO THE LEFT OF THE DAIS - PLEASE PRINT CLEARLY
Agenda Item No. D Agenda Item Topic
(For Public Comment, list topic)
Meeting Date: -7 f
Name: r 41 Address:
Representing/Petitioner: ����� L
Other:
COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYIST
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
YOU ARE LIMITED TO THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR
PUBLIC COMMENT IS NOT INTENDED TO BE A FORUM FOR SELF - PROMOTION. PUBLIC COMMENT SPEAKERS WHO ENGAGE IN ADVERTISING
THEIR BUSINESS, PERSONAL POLITICKING OR OTHER FORMS OF SELF - PROMOTION WILL BE ASKED TO LEAVE THE PODIUM.
PLACE COMPLETED FORM ON THE TABLE TO THE LEFT OF THE DAIS -.PLEASE PRINT CLEARLY
Agenda Item No. Agenda Item Topic L-A C(,
(For Public Comment, list topic)
Meeting Date:
Name: 721 d Address: f' /I
Representing/Petitioner: Cede L% , ri- )&-(
COLLIER COUNTY ORDINANCE NO. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYIST
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
Other:
YOU ARE LIMITED TO THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR
PUBLIC COMMENT IS NOT INTENDED TO BE A FORUM FOR SELF - PROMOTION. PUBLIC COMMENT SPEAKERS WHO ENGAGE IN ADVERTISING
THEIR BUSINESS, PERSONAL POLITICKING OR OTHER FORMS OF SELF - PROMOTION WILL BE ASKED TO LEAVE THE PODIUM.
PLACE COMPLETED FORM ON THE TABLE TO THE LEFT OF THE DAIS -.PLEASE PRINT CLEARLY
Agenda Item No. Agenda Item Topic
(For Public Comment, list topic)
Meeting Date: � %� /11
Name: -Oel Address:
Representing/Petitioner:. Ce. ^M�1 `f �� r Other:
r�i 3
COLLIER COUNTY ORDINANCE NO. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYIST 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
YOU ARE LIMITED TO THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR
PUBLIC COMMENT IS NOT INTENDED TO BE A FORUM FOR SELF - PROMOTION. PUBLIC COMMENT SPEAKERS WHO ENGAGE IN ADVERTISING
THEIR BUSINESS, PERSONAL POLITICKING OR OTHER FORMS OF SELF - PROMOTION WILL BE ASKED TO LEAVE THE PODIUM.
PLACE COMPLETED FORM ON THE TABLE TO THE LEFT OF THE DAIS -.PLEASE PRINT CLEARLY
1
Agenda Item No. (2) Agenda Item Topic
(For Public Comment, list topic)
Meeting Date: ' 'MY .0 G
Name :f / ��
Q� r Address:
Representing /Petitioner:
PC Is
(J6
Other•
`SfI
COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYIST SHALL, BEFORE ENGAGING
ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT
BOARD AT THE BOARD MINUTES AND RECORDS LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO HIE
DEPARTMENT
YOU ARE LIMITED TO THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR
PUBLIC COMMENT IS NOT INTENDED TO BE A FORUM FOR SELF - PROMOTION. PUBLIC COMMENT SPEAKERS WHO ENGAGE IN ADVERTISING
THEIR BUSINESS, PERSONAL POLITICKING OR OTHER FORMS OF SELF - PROMOTION WILL BE ASKED TO LEAVE THE PODIUM.
PLACE COMPLETED FORM ON THE TABLE TO THE LEFT OF THE DAIS - PLEASE PRINT CLEARLY
Agenda Item No.,jo b Agenda Item Topic
(For Public Comment, list topic)
Meeting Date: 2 / I I / / 'I
Name: 7,N_, s nUG ye C' "4- Address: ic7
Representing /Petitioner: C i -1oz 4o c,recp Other:
COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYIST 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
YOU ARE LIMITED TO THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR
PUBLIC COMMENT IS NOT INTENDED TO BE A FORUM FOR SELF - PROMOTION. PUBLIC COMMENT SPEAKERS WHO ENGAGE IN ADVERTISING
THEIR BUSINESS, PERSONAL POLITICKING OR OTHER FORMS OF SELF - PROMOTION WILL BF A�KFn TC1 1 FAVF THE pnnii inn
Agenda Item No. Agenda Item Topic gyp,
(For Public Comment, list topic)
Meeting Date:
�l
Name: Address:
Representing /Petitioner: Other:
COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYIST
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
YOU ARE LIMITED TO THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR
PUBLIC COMMENT IS NOT INTENDED TO BE A FORUM FOR SELF - PROMOTION. PUBLIC COMMENT SPEAKERS WHO ENGAGE IN ADVERTISING
THEIR BUSINESS, PERSONAL POLITICKING OR OTHER FORMS OF SELF - PROMOTION WILL BE ASKED TO LEAVE THE PODIUM.
PLACE COMPLETED FORM ON THE TABLE TO THE LEFT OF THE DAIS -.PLEASE PRINT CLEARLY
f;
Agenda Item No. ' Agenda Item Topic 4q �'� Mel 5a lo'
(For Public Comment, list topic)
Meeting Date: a // f
� I
Name: pf r— Address:
Representing /Petitioner: e
A /6ckSF gin/ 7;��r�
Other:
COLLIER COUNTY ORDINANCE NO. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYIST
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
YOU ARE LIMITED TO THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR
PUBLIC COMMENT IS NOT INTENDED TO BE A FORUM FOR SELF - PROMOTION. PUBLIC COMMENT SPEAKERS WHO ENGAGE IN ADVERTISING
THEIR BUSINESS, PERSONAL POLITICKING OR OTHER FORMS OF SELF - PROMOTION WILL BE ASKED TO LEAVE THE PODIUM.
PLACE COMPLETED FORM ON THE TABLE TO THE LEFT OF THE DAIS - PLEASE PRINT CLEARLY
Agenda Item No. / ),rD
Meeting Date:
Name: �14 Al '
Representing /Petitioner:
Agenda Item Topic
(For Public Comment, list topic)
Address: f ` L,�l
d Other:
COLLIER COUNTY ORDINANCE N0.2003 -53, AS AMENDED BY ORDINA CE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYIST SHALL, BEFORE ENGAGING
ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT
BOARD AT THE BOARD MINUTES AND RECORDS LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO HIE
DEPARTMENT
YOU ARE LIMITED TO THREE (3) MINUTES FOR YOUR COMMENTS
AND ARE TO ADDRESS ONLY THE CHAIR
PUBLIC COMMENT IS NOT INTENDED TO BE A FORUM FOR SELF - PROMOTION. PUBLIC COMMENT SPEAKERS WHO ENGAGE IN ADVERTISING
THEIR BUSINESS, PERSONAL POLITICKING OR OTHER FORMS OF SELF - PROMOTION WILL BE ASKED TO LEAVE THE PODIUM.
PLACE COMPLETED FORM ON THE TABLE TO THE LEFT OF THE DAIS -.PLEASE PRINT CLEARLY
Agenda Item No. Agenda Item Topic C �J
(For Public Comment, list topic)
�_ 5-a a
Meeting Date:
Name: �' �` /v' - f"- ° > Address: t
Representing /Petitioner:
CQp74e
Sy r. � �s -v- 41 • • �� , Ik, / . Z__
Other:
COLLIER COUNTY ORDINANCE NO. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYIST
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
YOU ARE LIMITED TO THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR
PUBLIC COMMENT IS NOT INTENDED TO BE A FORUM FOR SELF - PROMOTION. PUBLIC COMMENT SPEAKERS WHO ENGAGE IN ADVERTISING
THEIR BUSINESS, PERSONAL POLITICKING OR OTHER FORMS OF SELF - PROMOTION WILL BE ASKED TO LEAVE THE PODIUM.
PLACE COMPLETED FORM ON THE TABLE TO THE LEFT OF THE DAIS -.PLEASE PRINT CLEARLY
Agenda Item No. 10-6 Agenda Item Topic L& Psi I osu Ig-, pis 6 L4
(For Public Comment, list topic)
Meeting Date:
Name: k)n4 I a_4 6rttas Address: aO � L_�x C,�ji , as Lt I a � � o C(-,
Representing /Petitioner: k a -ql (� -2fj1 6n' pis Other:
COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYIST
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
YOU ARE LIMITED TO THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR
PUBLIC COMMENT IS NOT INTENDED TO BE A FORUM FOR SELF - PROMOTION. PUBLIC COMMENT SPEAKERS WHO ENGAGE IN ADVERTISING
THEIR BUSINESS, PERSONAL POLITICKING OR OTHER FORMS OF SELF - PROMOTION WILL BE ASKED TO LEAVE THE PODIUM.
PLACE COMPLETED FORM ON THE TABLE TO THE LEFT OF THE DAIS - PLEASE PRINT CLEARLY
Agenda Item No. /n,6 Agenda Item Topic ka v�o I
(For Public Comment, list topic)
Meeting Date: I I oZU 1
Name: Address: c�4-._� La- ele l i VLIs U GL/
Representing /Petitioner:
� 1"Y1
Other:
a, as' 8
COLLIER COUNTY ORDINANCE NO. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYIST
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
YOU ARE LIMITED TO THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR
PUBLIC COMMENT IS NOT INTENDED TO BE A FORUM FOR SELF - PROMOTION. PUBLIC COMMENT SPEAKERS WHO ENGAGE IN ADVERTISING
THEIR BUSINESS, PERSONAL POLITICKING OR OTHER FORMS OF SELF - PROMOTION WILL BE ASKED TO LEAVE THE PODIUM.
PLACE COMPLETED FORM ON THE TABLE TO THE LEFT OF THE DAIS - PLEASE PRINT CLEARLY
V�ioe�
Agenda Item No. //�
Agenda Item Topic
(For Public Comment, list topic)
Meeting Date: �U/'yoy� // 2-Cly
Name: Address:
Representing /Petitioner:
�L
Other:
COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYIST
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
YOU ARE LIMITED TO THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR
PUBLIC COMMENT IS NOT INTENDED TO BE A FORUM FOR SELF - PROMOTION. PUBLIC COMMENT SPEAKERS WHO ENGAGE IN ADVERTISING
THEIR BUSINESS, PERSONAL POLITICKING OR OTHER FORMS OF SELF - PROMOTION WILL BE ASKED TO LEAVE THE PODIUM.
PLACE COMPLETED FORM ON THE TABLE TO THE LEFT OF THE DAIS — PLEASE PRINT CLEARLY
Agenda Item No.'. 6 Agenda Item Topic
(For Public Comment list t
opic)
Meeting Date: :? j k k 1, q
Name: '� Address:__ t-�vZt (� '
Representing/Petitioner:—' Other:
COLLIER COUNTY ORDINANCE NO. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYIST 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
YOU ARE LIMITED TO THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR
PUBLIC COMMENT IS NOT INTENDED TO BE A FORUM FOR SELF - PROMOTION. PUBLIC COMMENT SPEAKERS WHO ENGAGE IN ADVERTISING
THEIR BUSINESS, PERSONAL POLITICKING OR OTHER FORMS OF SELF - PROMOTION WILL BE ASKED TO LEAVE THE PODIUM.
PLACE COMPLETED FORM ON THE TABLE TO THE LEFT OF THE DAIS —.PLEASE PRINT CLEARLY
Agenda Item No. Agenda Item Topic ��_�u G or s
(For Public Comment, list topic)
Meeting Date:
Name: �. Address:
Representing/Petitioner:— G- Other:
COLLIER COUNTY ORDINANCE NO. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYIST 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
YOU ARE LIMITED TO THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR
PUBLIC COMMENT IS NOT INTENDED TO BE A FORUM FOR SELF - PROMOTION. PUBLIC COMMENT SPEAKERS WHO ENGAGE IN ADVERTISING
THEIR BUSINESS, PERSONAL POLITICKING OR OTHER FORMS OF SELF - PROMOTION WILL BE ASKED TO LEAVE THE PODIUM.
PLACE COMPLETED FORM ON THE TABLE TO THE LEFT OF THE DAIS — PLEASE PRINT CLEARLY
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Request for 391)9 EastTemlartiT
cz�> �aUG RX 231 P � t.
Frank Halas
Dear Mr Brock:
The end of the fiscal year is approaching rapidly. As you know, we have beer. trying
some new means to deepen our inventory of affordable housing in response to the cn:rtch
throughout the community. We have expanded our use of CDBG and HOME funds to
accomplish this. Also we arc using contracts with external entities to expend and
facilitate appropriate use of these monies to benefit our epmmunity-
Oiven the newsworthy problems (including mw or scandals) faced by other ecmmunides
with simi'ar initiatives _. ampa and Miami among them my aw•arcneas level about thc
potential for misuse of these fiends has been elevated- I want to be certain that we are
getting off on the right I and have the appropriate controls and procedures in place.
Several of my constituents have raised concerns about the potential for misus. of these
monies and approached me for assurance that we am carefully mon.torina the award and
Therefore, please consider this a formal request for an audit of these programs.
There are many complex issues and regulations related to these funds Not being an
auditor, I am unable to give them the full assurance I would like in addition, when our
confident
Sincere U , ing of
I would
ict? and
Frame Halas
Collier County Commissioner
0—a no.,
om�
august 20, 2006 1, LCR} Cr ttlJp, tS
®
Audit
t
ailtdtt 2
FranHemiS
8Y
Tom kertnMq
nisafct c
Honorable Dwight E. Brock
Fred w coyto
ply 4
Collier County Clerk of the CircLat Court
Jm coram
3301 Tamiami Trail East
Dial" 5
P.O. Box 413044
Napes, FL 34101 -3044
Frank Halas
Dear Mr Brock:
The end of the fiscal year is approaching rapidly. As you know, we have beer. trying
some new means to deepen our inventory of affordable housing in response to the cn:rtch
throughout the community. We have expanded our use of CDBG and HOME funds to
accomplish this. Also we arc using contracts with external entities to expend and
facilitate appropriate use of these monies to benefit our epmmunity-
Oiven the newsworthy problems (including mw or scandals) faced by other ecmmunides
with simi'ar initiatives _. ampa and Miami among them my aw•arcneas level about thc
potential for misuse of these fiends has been elevated- I want to be certain that we are
getting off on the right I and have the appropriate controls and procedures in place.
Several of my constituents have raised concerns about the potential for misus. of these
monies and approached me for assurance that we am carefully mon.torina the award and
Therefore, please consider this a formal request for an audit of these programs.
There are many complex issues and regulations related to these funds Not being an
auditor, I am unable to give them the full assurance I would like in addition, when our
confident
Sincere U , ing of
I would
ict? and
Frame Halas
Collier County Commissioner
DW="W24M
1
Record o
Record of Interview
1'urpasr�.� � ''-TQ duca�s the eonocr� thst Commissions Nails nrt+ailiutod m tics
August 22" lobo to Dwight Brock. Clerk of Cotam In duct tem.
C lunar flakes mqucated sin of
i
Interview
ordall
afi'ordslrk Iwu�tlg proQnm,S, t�1CLltftatly expmrtdtturc4 (e8ied to tl'�S`
rnm,;, r nc3 m ly ex ands ire hied
Commumty Development Block GtBrit a ld HUME pfogfnm . AA we'[ : 5
confreetS wtth eatemnl cliftipts and the oveiriGhmg c(at("SW cavuonn=r.
i7be September 61h meelmg offrred an Opporttuuty io %i kthratmh
polenval flak factors related to the County's atanag=mt of affordable
housmg pmgrwt as "ll as discus the, appmaeh and rrr*.t.rt�6ot<rgy tt�t
i Internal Audd will (� to the
Cortlrsi Aferhod In- Perlin at
1
Office of Cotturussiottear Prank }Tales
Cmtr>ty Adrnrnistrntioa DuAltdim Pfloor I
Ca+trarl l lore 910006 j
PaxtcJioanra Con - trimmer rlaak !talus. Cotltex Cau(ny Bowd of Commissiortem,
Disasat 2. (239) 774 -S47i. Irntilshn[usf rnil.n,caV.l,ct
Georgia Hiller. 1),,% tci 2 cODstltLa 1, 239 - 297.421 S.
ah 1aen"¢omosSt.nCt
Nick Hale, District 2 constituent�s9t_l�o
Amhnny rea' =&—?. 41tcros1 Altdit MEnner, Col`ia Couaty Cleric or
A Cin`sttiCVjrj,( 234) 74-St M fertsande au1u41:etk.col to f1.U5
COmmeo"CORTIcs
9 Cotmmmoncr Hein explained thnt he bas a num1w ofocmmmi stout the County's
Commissioner 11alas explained his confusion about the role of an internal auditor
compared to the role of the external auditor, KPMG in this ease. He also noted that the
County Attorney's Office is of the belief that any internal audit would simply duplicate
what is being done by the external auditor. Mr. Femandez explained how .KPMG as an
external auditor operates at a much higher level than the internal auditor and does not
drill down into the same level of detail. Ms. Hiller noted that materiality thresholds
govern the work of the external auditor.
na4(r4T 9 111011r. i ne Cle(e77ttnl.]It[m Ot MrVi" Jilt value Tdatbd to Me 59$1,604
tr— action is policy - related and not under the scope of this audit i lowever the
Naples Daily News
Article Excerpt #1
"Outside Audit to Check Payouts"
9/14/2006
Naples Daily News
Outside audit to check payouts
Commission requests prriwic firm in ongoiag dispuw with clerk of Cauns t)ver ilt, roic
as cowsty auditor
By Denim Zold sn
Thursda }. September 14, : (jO6
Conecros about whcthci Collier County'3 affondahle 1Mug1% dollrus = timing spent
appropnawly uriggered Cotrnt) Cotnrntssion aspptmvl Wednesday for an outside wadh of
the oount�'s afiesrdable housing prmgmnt&
But the majority of Coilicr commissionm agreed ihsi Clerk iif Courts might Ftro& is
not %ho the% want to conduct it. nre cotmly € * 4 Brock btv heat in htigntv1n otcr
frock's aathvrit? to conduct audits Rx moats.
Jeff Cecil, an attorney with the Porter Wright Morris & Arthur law firm, is also the find ta kini
treasurer and a board member of the Collier County Housing Development Corp. Cecil is
also the registered agent for Cirrus Pointe and the attorney for Cirrus Pointe developer
Jim Fields, Cecil said. Cirrus Pointe received $320,000 in tax dollars to build affordable
housing in East Naples. The Housing Development Corp. also received $98,000 in
startup funds from the County Commission.. Cecil prepared and was paid for the closing
of the Cirrus Pointe land deal. He also will be doing the closings and condominium 'rj rrqursis
•r4 H�
documents when the units sell, he said. count%
Ii-!- - -A,,.r
"We are doing the condo does and sales closings when they occur," Cecil said, referring uch
to the 108 condos that will be built at Cirrus Pointe, 32 of which will be affordable.
audit of the afibTdable housing rands,
Naples Daily News
Article Excerpt #2
"Outside Audit to Check Payouts"
9/14/2006
Naples Daily News
Outside audit to check pay'outg
Commission rcqucvs Vivate firm in onpoing dispute: aidt Clk *rk of Ccmris over hEy rr +lc
as county auditor
Thutsdtiy. September Id, N06
Coitcema about whether Collier Cauntp's AtTordahle leouquigdollms tic btrng spent
sppntipnately ttigatred County Commission appri)-al Wednesday fur an outssde aadi3 01,
the county's affordable housing progxmurs
But the majority of Collier commissiomm sgrred lion C erk cif Couris Dwight 8tt>ck is
not >A ho they -want to condto -t it. The ecAmty attd &vck suave hean. in € igatien over
)tuck's Authority to conduct audits lbr nwaths,
-From a stnfis perspective, we don't have a problem with anybody conning in and taking
a took at our stuff'." County Xlanager Jim tvtetdd told the lcAw%kttt
marts its in a rrVtitrioas position '.
Another Porter Wright attorney, Joe Foster, is the former president of the Collier County
Housing Development Corp. Foster is also Mudd's personal attorney in a federal lawsuit.
Foster said he resigned from the dousing Development Corp. to run against Halas in the
District 2 Republican primary on Sept. 5. Halas won that race.
spends. Brock fms been concemd that rjsrgrotil mtities, "fnrnds "o orgnntratiots and
other coluntcer nccountg are ending up wit]t iDxpzycrs' in I.hcrn, leat�n6 WM no
way to know Stow the money is bang spen-L He has example after c arnple ol'suel,
incidents.
Recent concerns orrr how the affordable housing funds sit being spina sari -wod Afier
Commissioner Frank Halas sent a letter to Brock in August, asking him to conduct an
audit of the affordable housing funds.
Naples Daily News
Article Excerpt #3
"Outside Audit to Check Payouts"
9/14/2006
Naples Daily News
Outside audit to check payouts
Commission requests private firm in ongoing dispute with Clerk of Couns over ho; retie
as county audims
By DgnLw fop ISM
Thursday, September 14, 2M6
Concerns about whether Collier Counry's afford3blt 1"sing del.l.4rs rue being spent
appropnately triggered County Commission approval %%Icdnmda r For an outside audit of
the county's atfloardable housing prugmms.
But the majority of Collier comratssioncrs agrccd that Clerk of Courts Mvight BrNk is
trot who ties want to conduct it. The county and TtMk h;l%% been in littgnuon over
Brock's authority to conduct audas for moaths.
Halas said Wednesday night that he wants the audit to reveal where the tax dollars are
going from the time they leave Washington, D.C., or ,Tallahassee until they provide help
for those needing housing.
I of tinnncial statement&
Asked whether the Housing Development Corp. would be included in the audit, Mudd
said:
"Absolutely not. It's a 501(c )(3) (nonprofit). We have no right to audit them unless they
volunteer," he said.
..... —.00 ".u. a .4..cI av :,i�. A ltl : wguNk, UkLng Ulm to con'l=1 a] I
,.edit of the affordable housing funds_
Naples Daily News
Article Excerpt #4
"Outside Audit to Check Payouts"
9/14/2006
Naples Daily News
Outside audit to check payouts
Commission requests private farm in ongoing dispute with Clerk of Coarts over his roe
as county auditor
By P�esas
Thursday. September Id, 2006
Concerns about whether Collier Count ?'s afibrdahle WOMB dollar% ate being spent
appropriately Uiggered County Commission approval Wednesday for an outside a,tdii of
the county's affordable housing progmttas.
13ut the majority of Collier commissioners; agreed that Clerk of Ciwris Dwight RTrXk i+
not who they want to conduct it. The cmly Land Brock lueve baen in litigation 0,,V
Brock's authority to conduct audits kot moaths.
"From a stafrs perspective„ we doti t have a problem with anybody cowing in and takirtp.
a took at our sluff." County S4attagcr Jim Mudd told crammi sioneTq. -But the lawsui I
puts ors in it t+rsrnrious po iti!in "
finer though County Ater >rney Weigel told commissioners that Brock's conducting,
"We are doing the condo docs and sales closings when they occur," Cecil said, referring
to the 108 condos that will be built at Cirrus Pointe, 32 of which will be affordable.
'Ru., county contends Brock h.Ys the authonty to audit onk whc�r the commission requests
it. Brock is an indelicnkruly elected constitutional of iizer ulao ansvers to ueytert He
conteo is the Florida Constitution makes ham responsible for oil tart dollars the count}
spends. l3tocit Iris been concerned than roonprolit entities, "fronds" of organizations acrd
Other vnluntaer tueeounts are ending up with taxpayers' doltam in them. Icating him no
way to krkiw hog the mo.ncy is being spent. kyle has exarnple alien example of such
incidents.
Receot concerns m-cr how the affordable pausing funds am- being; spent surfiaced after
Commissioner Frank Halas sent a letter to Brock in August, askirtg hirer to conduct an
audit of the affordable housing fttrtds,
Grant Application
Cirrus Pointe
Marcy Krumbine later became
Director of Collier County Housing &
Human Services. Six months after the
expiration of this agreement, and
after inquiries by the Clerk about the
outstanding $350K, Ms. Krumbine
petitioned the BCC to extend the time
frame of the agreement by an
additional years. This delayed the
return of funds to the county from
the developer.
As of January 2010:
The agreement has expired-again.
No funds have been returned.
No development has occurred.
Staie Read (piggP. ME-
. eLC�i
c
2, Was the prevlo s funded actvltyr sucoessftrlly completed'! Yesmo
If No, please e)rplaln:
a mumu quawmamons Or 811 Shaft VW wr71 be responsible for irr�erfing the
aooDeed myieei. If aMlianat eta intn.M' adaloW br tails •,+r dgct m L! =uxoaft
Jim FWds, Cirrus Pointe velQt r.
has her RA In Human Service✓ and
homebuying p through out the week at d dent Iocatlorw Over 560 tow
and moderate income far Ales have become homeowners We her outreach.
She speaks frequently to local and BIWA organizations negardhV the benefits of
homebuyees education and affordable housirV Imm. In tho fall of 2605,
Merry Is an irwited speaker to a natareal conference where she will share the
success of one of her patt tershtps with a housing development In tmmokWee.
Her Honor Loam program has won awards of program eta7e11ence, Marcy is
Fannie Mae certified and also attended the HUD Trainer the Trainer Vllodwhop
in August 2001. Additicrudb/, Marcy has treated a post- purct program to
teach for the Colter Courtly SHIP .
Katherute Patterson. Executive t?trecick- see atts&ed resume
4. Katherine PaMwson, Executive Director.
HKWSI Q Pf*JMT RUMET
Caner Court" FY 05-M Grant Appllratim
• 17.
CCHDO057
CCHDC
Organization
Chart
ExMWt 4
Collier County Haudng D wjopU =
Collier County Housing Development
Board of Directors
�R rrlm
1
"I D to
Chrb Ct DdPaul Sociay
176 Jeepars Drika
Naples. Florida 34112
P>omm (739) 775 -I657
F= (239)
EMMI u2mmcast11e1
AnOmsy Denson 0 irp.12131A?5)
50314!' Skw Nodh
N=k.s, Fltd& 34102
P6oae: (239) 821.9623
Fear (239) 4344245
Bioalk 1dnsanlj@RQM&mn0t
MNY Ann Aabitat £wr iii 12/3I11bb)
11145 Thmiami Tbdk East
NVIM Florida 34113
Phme: (239) 775 -0036
Far: (239) 7754477
Email: jL(iif�ssAAthoaial I1,2 earn
Go1Ea CoM4 HiUdnB Acftft
1800 Fang W"tu way
Immolmbx, Florida 34142
PbM {239) 6S7-3649
FM (239) 657 -7232
Email Loam
M07 Tanwwab MV 12!31!07)
Supervisor Ekzdaw
Naples. Fl rbU 34112 -4902
Phone: {239} 774.8430
Fax: (239) 774.9468
Email: M T 1c1 #Pgi____ k y net
Fnmk Ra bi arf (Prep. 12!31!05)
Fifth Third Bank
2150 Goorllettc Road North
Maples, Fbmida 34107 -4M
Phr= (239) 435 -7635
Fa= (239) 659 -7994
Emm`l: )'imdcRndrimg+y( j-QDM
Tttamw Ili. Tatoo (Exp.125 1f07)
Fitch TMA Bw*
999 Vand "Uh Raub Rmad
P.O. Box 413021
NsPbm Flaaida 34101.3021
Pbouw- (239) $91 -6347
FwL (239) 591449'0
Emrul: Tam M@V cxrm
Emotive Director
Kadmitne c. Pszmrsoa
8951(01 sum Sall
Salle 2020
Naples. Florida 34102
Phone~ (239)434.2397
Farr (239) 430 -2387
pmm'1: 49&.21iemhdc or¢
LI,
CCHDC
Resolution
with Cirrus
Pointe
Comm Cotmty Musing plat Corporation, a Fkrida not for profit aarponbon,
(the "Corpmration") hereby takrss and adopts dze fblkVAng rtsolatim by ,mani um consent of
the Board of TYustees/Dir+adors of the CmPoceaim at its May I2, 2005, meedn& in accordance
with the Proviaiam of aPptiMNO law. and the Articles of bmq mtriion and by-laws of the
Corporation:
VVEWRRA8, the oorporadon Las idcutificd a rcal estate devekpmtmt prc&a to be
WOM w Cirrus Pcwft when EMMkWd. could oft u8 to 32 writs of
Certified as dnly adopted on the 12th day of May, 2005, by jcadmdw C P'atbeasan, the duty
ek ted and scftg Boecutive Dhwor of the Carpoaatim
Le I
Corporate I _ Florida t
COLLIER COUNTY G DEVELOPMENT CORPORATION
Registration . ���_ :. HOUSINw. ..�
PRINCIPAL ADDRESS
99510THSTS
CCHDC
Jeffrey Cecil
Registered
Agent
Fog. C
NAPLES FL 34102
Chmmpd 05A02R005
MAdING ADDRESS
895 10 TH Sr S
202 C
NAPLES FL 34.02
Mangoa 0510=005
nommew fumca M Namber n,&rom
N09ODD008.'67 383695928 8A22�+3
FL Registered Aunt
Name & Address
CECIL, w JEFRW
5801 PELICAN BAY -BLVD
SUITE 300
NAPLES FL 34108
ri=,-41wqw1-cs
SH �m n 1 s
Corporate
Registration
Cirrus Pointe
LLC
J Cecil
Registered
Agent
0 0
Florida Limited Liability
CnIRUS POINTE PARTNERS, LLC
PRINCIPAL ADDRESS
15544 NION'FERO.O LANE
L MZT #102
NAPLLS FL 341 Lf,
Chaqod 0711 7MM
MAI LING ADDRESS
15544 MONTEROSSO LANE
UNITT # 102
NAPLES FL 34110
Chaned 021M006
Mcume"t Namb" FRI'letaber Date Fided
L040OW75679 571222732 1W1912"6
Simie
sbdm EMbc*%,e [We
AC"VE NONE
Tm, Registered Agent
Name & Address
CECrL, W. JEFFREY ESQ
5801 PELICAN BAY BLVD., STE 300
NAPLES FL 34109-2709
M erfflember Detail
WOMIMM SO Loe ur,
LOU =IELZTOO"I"t I ta
Map
•
TE
HOME and Community Development Block Grant Awards to Dallier County
DESCRI
--- _� - -- ......,...r•...... —W1 rV1QHVI I 4wvl ivvi 11100 W1UI I i w t' waa wtsion or uorporauons as a nonprofit entity with W. Jeffrey
listed as the Registered Agent, Treasurer and Director. Mr. Cecl3 � the Partner4n- Charge of the law firm Porter, Wright, Monts & Arthur.
10119/2004 Cirrus Pointe Partners, LLC, a development company, registers with the Florida Division of Corporations with W, Jeffrey Cecil listed as the
Registered Agent
9/812005 Affordable Housing Commission, an advisory arm of the Board of County Commissioners in which Mr. Cecil served as �e Chairman, voted to
approve the Cirrus Pointe project
12!14/2005 1 Collier County and CCHDC finalize a HOME Agreement for $350,000 for Cirrus Pointe land acquisition and operating costs.
12/2112005 Collier County makes a $320,000 payment to CCHDC for Cirrus Pointe land acquisition, for which the law firm of Potter, Wright, Morris & Arthur
served as the settlement agent for the transaction and is slated to perform closings on each of the individual condo units once built. The owner
of the Cirrus Pointe parcel is Cirrus Pointe Partners, the project developer. As mentioned earlier, Mr. Cecil is Registered Agent for Cirrus Pointe
Partners and Registered Agent, Treasurer and Director of CCHDC, all while working for Porter, Wright, Mords & Arthur. This is seemingly a
rnolabon of Federal regulatlons including 24 CFR 92.356. Please note that the County's Ethics Ordinance prohibits advisory board members
from benefiting financially from their participation on the board. This relates to Mr. Cecil's participation on the Affordable Housing Commission.
Wotatement
]PAM W OR W
L
m7Y 13*w =AM 0,' m"I..0
Setacment Staf meat �.s.n ors ws
mevm��n.�r�
Cirrus Pointe
1DM2.07rs101Q� `f � , -�,�
�t.�.�.�.
4D VA * 01 i6
C�IDI�'OYNk r.
w�
.one
lr�a.l�mt efwlrrf�Iwa tia�s/+Yaa�ArMUOmY�dti+O i�M�ew�ih.
.rifeY - dpa�AlflRef�ill�'d �tN�11
Closing
Wotatement
]PAM W OR W
L
m7Y 13*w =AM 0,' m"I..0
;MIL�L-_A-f La 5l x 1 '4
1
b o''mLli.4 bit Ll I
J.4 'k
ME
77
I � go u 0411
V.-T-1 (Z-OALIZE-D" T, a 1.11(Ut —I*
Z', 79 Lff; rl T. M T ',,
Clerk's Response
2006 -4
Audit Comment
r
Rft- wwiendaborr- We recommend the County rwvidw ally future JV aTeements that
are atssodated with CHao set -aside fund$ and ensure that the requ'rementa described
above are met prior to the expenditwo of HOME funds.
marulgemsrnt's Rwp4rtse,
Collier County wt' continua to review all joint venturo („v) agreements as an Integral
p :art of is avaluaton of KOME CHDO projects and the , ov—plia -)W with HUD
Cetons
The Clerk provided notification to the external auditor of a potential conflict of interest
violation related to the HOME project (a rnixed- income condominium development)
described in this finding. Documentation indicates that there may be a conflict of
interest violation of 24 CFIR 92.356 associated with the grant expenditures. Collier
County executed grant agreements for Cirrus Pointe and Copeland, representing
HOME and Community Development Block Grant (CDBG) funds. W, Jeffrey Cecil
served as Chairman of the Affordable Housing Commission, an advisory arm of the
Board of County Commissioners, which reviewed and recommended approval of these
grant projects. Mr. Cecil also served as a Board member of the non-profit entity
receiving the grant funds (Collier County Housing Development Corporation), as well as
Partner -in- charge for a law firm that has represented Mr. Jim Fields (Principal of Cirrus
Pointe, LLP) in numerous other land deals and received payment for a number of legal
services related to the Cirrus Pointe grant. Legal services included title insurance and
attorney's fees. This law firm is slated to perform closings on each of the 108 individual
units associated with Cirrus Pointe, which could yield benefits equating to hundreds of
thousands of dollars. In essence, the law firm is representing both the non- profit entity
receiving grant funds as well as the developer charged with constructing the units and
recommending to the Board of County Commissioners, as an Advisory Board member
for the Board of County Commissioners, that they approve this expenditure, Given the
scenario described, there is a potential conflict of interest with 24 CPR 92.356 (HOME=)
and 24 CFR Part 570 (C08G). Although the external auditor did not believe that the
dollar value of the benefit received in this case warranted a management comment, it is
our belief that dollar value is not a consideration for a potential violation of federal
regulations, but the potential benefit involved is in fact material.
:t ntial conf. -_E of Interest
tdominlum devefapment)
ire may be a oonfllct of
rt expe- ditvres Cot;iff
Copeland, reproserriing
funds. W Jeffrey Cacil
8n adVl3ory arm of fI"ro
Wended approve > of thess
r of the non- profit entity
it ccrpomton1, as vroll as
Fields (Prncipal of Cirrus
icnt for a number of fega'
aludod Nlte insurance and
each of the 198 indMdual
equating to hundreds of
I both the non profit entity
aor tructinq the units and
+ Advisory Bowd member
is mopendlture Gwen the
% 24 CFR S2 366 (HDME)
sr did not believe that the
anegome ^t comment, it i 1
entiat violation of fodcrnl
yet to breaK q°ound as of
cis In December 2005 and
completed by August 31.
have been completed by
ildinem was to have been
the perceived ambiguity
s and procedures wil I iso
KPMG Final
Audit
Comment
2006 -4
C'lerk's
Response
Omitted
OTTR, ,
Federal Agancy., U.S. Dapartmant of Housing and Urkm Devotoprnent
Program: Homo InvoMmont Partnorships Program (NOME}
CFDA N mber: 014.239
Crt:arfa: tiOME requl rtwn §92,220((, {1) states the foltowtng with respect to set -aside
funds for Col- Inunity Developmtent Housing Organizations (CH00s) 'The funds must
be pievidod to a cormimnun,ty housing development orgznlzation, tts R- beldlary, or a
patlnorst6o of which It or Its subskilary is the macagk ~,g go-neral partner If a CHDO
owns the project in partnership, tt or its %wholly owned for -profit or no"roiit subs diary
must be The managing general parfner. In Wing in any of the ca Mies spec,f >ed. the
community hous ng development organizeWn ,",M have offer ive project control,"
Cer,W%ons �� County entered unto an agroamont With CCROC on DeDember 14,
2005 to p'cmde the $320,000 of HOME funds ('including $115,300 of CHDO, set °snide
funds) €air deyelenrint of a mixed - income co-,-domTnium projoct and $30,000 of (HOME
funds to Spay CGHOO a developer fcc, The SM,000 was emgperAed on Decefrbei 155
20055 to acquire larA and the initial paymc -t of $7,500 of developor fees was paid.
CCHDC ontered Into a jOmrit wentum (JV) agreement wdh James Flc clrrus Pointe
Padnersi (rho Venturer) on November 30, 2005 to develop a multi - family cc°�,dom nium
proiact. TWrty -two units in the projcet are to be sold to income -eligi a hoanebUyers.
CCHDC'agreed to contribute S320 Q00 of HOME funds to the project.
Dued upon oua raviaw of the JV agrooment, COHDC rm s nod dea nated as the
manag ng gererat pertnor and did not Dave e' efti� P#eject control vt. t~e time HOME
funds wore expended. T?, o „oint Venture Agreement states,, among other things. the
fallowing: 71�o Venturer (as dofnad abase) "shall supervise and duct the Hod� felated
to the Pm;ott. Venturer shall solely respo,7sible for and have cc- ,trol over all
corkttrudion me: ns, methrods, Ifechniques sequences and procedu,ey end for
coord'inat -g all ponlons, off the work undor 1^e oontract documents," JV agreemert
also states %at'a fa "are of the parties to agree on any ssu,e nocossary fcr!YjoCk-_5'sful'y
carrying lout i JV will result m submission of the guesb+on to rued ton_"
H.U.D. Field
Office
6 0
t
U 9- DePM- mot Mf "Musing a-d Urban Devebpmerd
J
en IV,14mma Fold 0Mce
Onckafl
*0
Plaza Fedpal 2u1Ung
909 SE 19M7 Ave wa, Rm 500
Mh-i, FL 33,31 3042
DATE
March :6.2048
MEMORANDUM TO-
Rurk-thl J llerbm urwo-
f `acid A4
FROM
Community Planning and Dnvlalmtem
Minim Fidel Office, 4DD
SUBJECT
HoCiric ComF'a :% 1v HL.48a)5 12
This- kqa is in MSPolnse to a hollme complainr reeeivcd by dbL- Office of Impegor Genera!
COD(i) on kllumy 8.2009, rehrred to the OfrWe of 1 Icid Managemern on Jmtaary 14. 2006, and
rece.ved by out office on January 17.200, ThcaoarpJaina gege o Possibleconftctti Uf tmerrst
as it nrvotves the NOME and Community Dcvctot,mm% Bkx;, G am 1CDBG) award~ to Cc -`ber
Cat r~y,
ISSUES OR ALLEGATIONS TO BE ADDRBS1"D-
The letter dated March 6, 2008 (attachment 1), from Collier County, County Attorney;
Office addressing the two projects in question (Cirrus Point and Copeland) states that "in the event
that it is determined that a conflict of interest occurred in connection with the two projects
mentioned, the County respectfully requests an opportunity to consider whether it wishes to waive
any such conflict and petition for an exception,"
From the review of the County's response and the applicable regulations, it appears that a
Conflict of Interest may exist in this case. Therefore, we have requested the Field Office General
Counsel to review the County's response and offer a determination as to the Conflict of Interest
provisions.
J— kyv<rem' and Immure my"' ro aQordabfe 6nacfnp /0,r—fr—" damwfaad M
-- hudCm np w 1, x' '-n
County Attorney's
Letter to H.U.D.
916
r
DAVID C. WEIGEL
COW''It COLCM ArMRK9V
4301 M ror.ffi't Trtl
Ryles R 741124407
3
tAd JiiO� P. A ,a,,.�,
v$epltrrr m9! ffi2 8rW
Innirst A. UdpWb
hsci;cxi (7J933�7 t9
813MI OM4.4 i
041-- M
Jaoge4Q� W
Jctirc, k 0
Rmium E waud -!
T6orenC Palmer
M.a:eh 6.2009
Maloem M. sualnl -UsIog
Boos A Tcub
i ii LLS. Mai) wW
Rabm N. Znhw,
A, September 8, 2005, Affordable Housing Commission C "ARC ") meeting included agenda item
five (5), which sought a vote on whether to recommend to the Board of County Commissioners
approval of a density bonus for the Cirrus Pointe development. Eight of the nine members of
the AHC were present at that meeting, including Jeffrey Cecil ( "Cecil ").' Mr. Cecil is the focus
of the alleged conflict since at the time of the meeting he was a voting member of the AHC and
also an attorney whose law firm represents Jim Fields ("Fields"), the developer of Cirrus Pointe.
Deu Ms anl2-H,.
i &M * &Jfla in MrOme W yaw Mnwy t3, 2(*k omen irde=10 Pis. Marcy Kn bine
Also relevant in determining whether a conflict existed is the fact that Cecil and his law fuin
agreed not to charge legal fees to Cirrus Pointe or the HDC for closings involving any of the 32
qualified affordable housing units; although Cecil has stated that his firm will provide title
insurance for each unit, unless the buyers elect to not obtain such insurance or decide to obtain it
from another source. Although unknown and not readily apparent from examining the closing
- cldt - Art*k xr—d j1 considzr t° parson of the owfhtt of intetw
z At a minimum, it appeam that a technical violation of Section 112.3143, Florida Statutes may have oacutted by Cecil's
failure to timely repon and file a form 8B voting conflict raernorandum when he decided to refrain from voting on the agenda
item
Affiom+ida6h!
hom bg greats
Collier
ordered
to return
$320,000
HUD wants money
back after projects
fail to break ground
By tatJodske Abm
eenewaocmo
Over the neat two years,
Collier County government
will have to pay back more
than $300,000 to the U.S.
Department of Housing and
Urban Development.
Specifically, money that
Collier County received
through HUD's HOME pro-
gram will be sent back to the
age�n�+ �m�two iastai}nnents
— Slb0,000in 2011 -12 and that
amount spats in 2012 -13.
But the reason county
officials are payi ack the
HOME furls, derma ed for
affordable housing projects,
seems to be in question.
Collier County govern-
ment used the HUD money
to helppiurhase the land for
Cirrus Pointe, a failed afford-
able battsiag development in
East Naples. The county en-
tered into an amt with
the Collier County Housing
Development Corp. in De-
cember 2005 to provide the
money fortbe project, as well
as WPM of HOME funds
to pay the Housing Develop-
ment Corp. a developer fee.
The money was spent Dec.
13% 2005, to acquire the land.
"The project did not goo
vertical," said Margo Cas-
torena, grants manager with
the Houft Humanand Vet-
erans Services Department.
"Housing took a terrific dip
across the nation.._ It was
not feastble to go forward.
The contractor could not
bring the project to madwt.
HOD ammy *paps 4A
Rate promise
Fed pledges
i
law interest
n00*osdrraa8
rates Into 20A
t(
WASHINGTON — The Federal Fe-
sending market
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BACKGROUND
*he Housing, Human and Veteran Services Department administers all affordable housing grant and assistance
programs for Collier County. Collier County receives funding from several affordable housing programs administered
by the U.S. Department of Housing and Urban Development (HUD), including the Home Investment Partnership
(HOME) program. The HOME program provides funding to state and local governments to provide housing to
low /moderate income households and covers expenses related to down payment assistance, operating expenses, and
public education/training classes.
In a letter dated August 20, 2006, Commissioner Frank Halas noted concern over the expanded use of HOME funds
and contracts with external entities to increase the county's affordable housing inventory. Given the high risk inherent
with affordable housing programs, Commissioner Halas wanted to be certain that the county had the appropriate
controls and procedures in place. As a result, Commissioner Halas formally requested the Clerk to perform an audit of
the county's affordable housing programs, especially programs using HOME funds.
One contract brought to Commissioner Halas' attention by a constituent was between the county and the Collier
County Housing Development Corporation (CCHDC) for the Cirrus Pointe Development. The CCHDC was founded
in 2003 to help the community more adequately address the lack of affordable housing in Collier County. The
proposed Cirrus Pointe Development was a 106 unit condominium construction project, with 32 units designated for
moderate to low income residents. The CCHDC would own the 32 affordable housing units and contract with a
developer to build the units. Upon completion, the CCHDC would manage and be responsible for locating and
securing qualified individuals to purchase the affordable units. On December 15, 2005, Collier County awarded
$320,000 in HOME funds to the CCHDC, which in turn gave the funds to the Developer for the land acquisition of the
Cirrus Pointe Development.
Clerk's staff met with Commissioner Halas to discuss the methodology of the audit. Commissioner Halas explained
Obis confusion about the role of an internal auditor compared to an external auditor (e.g. KPMG). He had been advised
y the county attorney's office that any internal audit would simply duplicate what was being done by the external
auditor. Clerk's staff explained to Commissioner Halas that an external auditor uses higher materiality thresholds to
govern the audit work performed, while an internal auditor considers risk and reviews internal controls with much
greater scrutiny.
Even though Commissioner Halas formally requested that the Clerk audit the county's affordable housing programs,
the Clerk was denied the opportunity when the Board of County Commissioners (BCC), during the September 12 -13,
2006 meeting, approved 4 -1 to hire KPMG, the county's external auditor, to perform the audit. Commissioners Halas,
Coyle, Coletta, and Fiala all voted to approve the hiring of KPMG, while Commissioner Henning dissented.
Please note, at the time of Commissioner Halas's request, the county was in litigation against the Clerk over the
Clerk's constitutional right to perform post- audits of county funds (Case #2D07- 4549).
SUMMARY
The purpose for this report is to provide an update on the events that have occurred through July 31, 2011. After being
denied the opportunity to audit the county's affordable housing programs, the Clerk's Internal Audit staff reviewed
information from the Clerk's Finance Department and documents available in state and county public records. The
following is a timeline of events involving the CCHDC and Cirrus Pointe Development that was established by this
review:
• September 9, 2003, Item 1013 recommended that the BCC approve funding in the amount of $98,000 for the
ARNL creation of the Housing Development Corporation (HDC). The approval included the HDC entering into a
one -year contract with the BCC. The contract would establish measurable deliverables and benchmarks in
order for the HDC to access the $98,000;
3
• September 22, 2003, the CCHDC filed with the Florida Division of Corporations as a non - profit entity with W.
Jeffrey Cecil listed as the Registered Agent, Treasurer and Director. Mr. Cecil is an attorney with Porter,
Wright, Morris, and Arthur;
• March/April of 2004, the county entered into a contract with the CCHDC that defined 10 deliverables the
CCHDC had to meet in order to receive the $98,000 in funding;
• June 16, 2004, Collier County paid $68,000 to the CCHDC for start -up costs. Per the invoice, the CCHDC
accomplished 7 of the 10 deliverables defined in the contract;
• October 5, 2004, the CCHDC contacted Collier County regarding funding opportunities for an affordable
housing project at the intersection of Thomasson and Bayshore Drives (aka Cirrus Pointe);
• October 19, 2004, Cirrus Pointe Partners, LLC registered with the Florida Division of Corporations as non-
profit entity with W. Jeffrey Cecil listed as the Registered Agent;
• October 20, 2004, Collier County paid $20,000 to the CCHDC for start-up costs. Per the invoice, the CCHDC
accomplished 2 of the remaining 3 deliverables defined in the contract;
• December 8, 2005, Collier County certified the CCHDC as a Community Housing Development Organization
(CHDO). The county noted in a letter dated February 6, 2006 that the certification would be provided to
HUD's Miami office;
• December 15, 2005, Collier County and the CCHDC finalized a HOME Subreceipient Agreement in the
amount of $320,000 for the Cirrus Pointe Development land acquisition. As required by HUD, $115,000
(15 %) was designated as CHDO set - aside;
• December 21, 2005, Collier County made the $320,000 payment to the CCHDC;
• February 22, 2006, Collier County paid $7,500 to CCHDC for operating costs related to the closing of the
Cirrus Pointe land acquisition. The source of funds was from the HOME program. The law firm of Porter,
Wright, Morris, and Arthur acted as the settlement agent for the closing and received $8,555 for their services.
As noted earlier, W. Jeffrey Cecil is the Registered Agent, Treasurer and Director for the CCHDC; the
Registered Agent for Cirrus Pointe Partners, LLC; and an attorney with Porter, Wright, Morris, Arthur Law
Firm. This created a conflict of interest;
• February 28, 2006, Collier County paid $10,000 to CCHDC as final payment for start-up costs. Per the
invoice, the CCHDC accomplished the one remaining deliverable defined in the contract;
• August 22, 2006, the Clerk receives letter from Commissioner Halas formally requesting the Clerk to perform
an audit of the county's affordable housing programs;
• September 6, 2006, in an interview with Clerk's staff to discuss the approach and methodology of the audit,
Commissioner Halas explained his confusion about the role of an internal auditor compared to an external
auditor (e.g. KPMG). He had been advised by the county attorney's office that any internal audit would
simply duplicate what was being done by the external auditor. Clerk's staff explained to Commissioner Halas
that an external auditor uses higher materiality thresholds to govern the audit work performed, while an
internal auditor considers risk and reviews internal controls with much greater scrutiny.
• September 12 -13 2006, the BCC discussed the merits of having the Clerk or KPMG, the external auditor, audit
the county's affordable housing programs. The BCC approved 4 -1 to hire KPMG to perform the audit.
Commissioners Halas, Coyle, Coletta, and Fiala all voted to approve the hiring of KPMG, while
Commissioner Henning dissented.
• September 2006, KPMG released its Single Audit Report for Collier County. There were 20 findings noted in
the report; 19 pertained to Collier County's administration of federal and state affordable housing programs,
including the HOME program. Five findings were specific to the CCHDC /Cirrus Pointe Development. Of the
19 findings, 10 were considered to be material weaknesses. As a result, KPMG issued an adverse opinion on
the county's compliance with the HOME program's requirements. However, KPMG did not include in the
Single Audit Report the Clerk's response to a conflict of interest audit finding (2006 -4) on the basis that the
financial impact did not meet materiality thresholds. The amount in question was the $320,000 in HOME
funds awarded to the CCHDC;
4
• November 2007, Item IOX placed on BCC Agenda to extend the HOME Subrecipient Agreement between
Collier County and the CCHDC. The HOME Subrecipient Agreement expired in May 2007 without any
contractual milestones being completed;
• January 2008, the Clerk received a letter from HUD's Director of Program Integrity noting that HUD had
opened a case to investigate a possible conflict of interest regarding the award of HOME funds based on
documentation provided by the Clerk;
• March 26, 2008, the Collier County Attorney's Office was informed of HUD's investigation of a potential
conflict of interest involving HOME funds awarded to Collier County;
• April 13, 2010, Item 16K1 recommended the BCC approve filing a lawsuit against the CCHDC and Cirrus
Pointe Developer to recover the $320,000;
• November 9, 2010, Item 12A recommended the BCC approve a settlement offer proposed by the CCHDC. As
part of the settlement, the county would receive a subordinate lien position to the mortgage on the Cirrus
Pointe Development property. The BCC voted unanimously to accept the settlement offer. The lawsuit
against the Cirrus Pointe Developer is still ongoing;
• July 26, 2011, Item IOH recommended the BCC approve the Collier County 5 -Year HUD Consolidated Plan
for FY 2011 -2016; One Year HUD Action Plan FY 2011 -2012 and the revised Citizen Participation Plan.
Included in the Executive Summary was a brief two sentence statement that the One Year HUD Action Plan
FY 2011 -2012 included an additional decrease of $160,000 in HOME funds to reimburse HUD for the Cirrus
Pointe Development which was not completed. During the presentation to the BCC, county staff elaborated
that this was an offer by HUD to decrease the county's HOME entitlement by $320,000 over a two year period
($160,000 per year) instead of the county using $320,000 in general funds to pay back HUD. The BCC
approved the agenda item 4 -1, with Commissioners Coyle, Coletta, Fiala, and Henning approved the
recommendation and Commissioner Hiller dissented.
• April 9, 2013, Item 16.D.2 recommended the BCC approve substantial amendments to the FY2011 -2012 and
FY2012 -2013 Action Plans for repayment of U.S. Department of Housing and Urban Development (HUD)
HOME Initiative Partnership (HOME) funds for Activity #195 Cirrus Pointe (FY2005- 2006), and authorize
necessary budget amendments. On October 16, 2012, the County received written notice from HUD with a
Request for Voluntary Reduction for Ineligible Expenditures HOME Program stipulating a change to the
original agreement and advising the County the entire amount of $320,000 would be deducted from FY2012-
2013 funds. The change will impact the availability of HOME program funds for FY2011 -2012 and FY 2012-
2013. The amendments increase HOME project funds by $160,000 in FY2011 -2012 and reduce FY2012 -2013
by $160,000.
HHVS staff failed to establish a contractual relationship, award grant funds, and monitor progress of the
CCHDC /Cirrus Pointe Development in accordance with federal regulations and HOME program requirements. As a
result, HUD is now requiring the county to repay the $320,000 awarded to the CCHDC for the Cirrus Pointe
Development land acquisition.
SCOPE
At the time of this initial review, the Clerk was in litigation with the county concerning the Clerk's constitutional right
to post -audit county funds (Case #2DO7- 4549). As a result, the Clerk was limited to performing the following tasks:
• Compiled information from the Clerk's Finance Department and documents available in state and county
public records;
• Interviewed HHVS and HUD staff;
• Reviewed the HOME Subrecipient Agreement and related documents between the county and the CCHDC;
• Reviewed minutes from BCC meetings related to affordable housing, CCHDC, and Cirrus Pointe;
• Reviewed Code of Federal Regulations (CFR) and HUD HOME program requirements.
5
OBSERVATIONS
The following observations consist of the five audit findings from KPMG's 2006 Single Audit Report related to the
CCHDC /Cirrus Pointe Development. Included with the observations are management responses provided by HHVS
and corrective action taken by HHVS. Also, included in finding 3) is the Clerk's response to the conflict of interest
issue that was omitted from KPMG's 2006 Single Audit Report.
1) Funds awarded to CCHDC prior to receiving CHDO Certification.
Finding � 006 -2
Federal Agency: U.S. Department of Housing and Urban Development
Program: Home Investment Partnerships Program (HOME)
CFDA Number: #14.239
Criteria: A Community Housing Development Organization (CHDO) is a private nonprofit community -based service
organization formed for the purpose of developing affordable housing for the community it serves. A CHDO is a
specific type of nonprofit entity that must meet certain requirements pertaining to legal status, organizational structure,
capacity and experience. To qualify as a CHDO, a non - profit organization must meet the criteria listed in the HOME
regulations (92.2) and further described in HUD's "Building HOME ".
Conditions: We noted the following with respect to documentation of the requirements to qualify as a CHDO:
Collier County Housing Development Corporation ( CCHDQ
The "Building HOME" guide states the following: "A CHDO must provide a formal process for low income
program beneficiaries to advise the CHDO on design, location of sites, development and management of
affordable housing. The process must be described in writing, and must be included in the organization's by-
laws or a board resolution." CCHDC's formal process was not included in either the organization's by -laws or
a board resolution. As such, it does not appear that CCHDC met all of the CHDO criteria.
• Although the County ultimately determined that CCHDC met the criteria associated with low - income board
representation, documentation in the file did not initially support this conclusion. It appears that the controls
associated with CHDO certification were not working effectively.
General
The County awarded $115,000 of CHDO funds to CCHDC on 12/14/05. The County did not formally certify
CCHDC as a CHDO, however, until 02/06/06. The certification letter indicated the effective certification to be
12/08/05. As such, it appears the County awarded CHDO funds prior to obtaining all necessary CHDO
documentation.
A maximum of 1/3 of the board of a CHDO may consist of representatives of the public sector. Each CHDO
provided the County with annual lists of its board members; however these lists did not identify members that
would be considered "public sector ". This information was later provided to the County, who determined that
the maximum limits were not exceeded in any case.
Recommendation: We recommend formal policies and procedures with respect to CHDO certifications. The policies
should address initial CHDO certification as well as CHDO re- certifications, and require completion of an annual
checklist. For initial certifications, the County should have documentation to support each item on this checklist.
Documentation required for re- certifications should also be described. To ensure proper controls are in place, we
recommend coordination of CHDO documentation by one individual and review and approval by another.
6
Management's Response:
Collier Countv Housine Development Comoration ( CCHDC)
• Low Income Community Input: The by -laws of CCHDC include a statement of compliance that CCHDC
would create a "process for low income community input." CCHDC did adopt by Board motion a formal
written process for low income community input. CCHDC's actions since its inception have reinforced this
policy. CCHDC has now adopted an official corporate resolution on January 11, 2007 validating that their
official policy of low income community input has been in existence since creation of the organization.
• Low income Board representation: As part of the County's CHDO Certification checklist process, low - income
board participation is verified by staff. CCHDC has always and continues to maintain their required minimum
number of low income board members.
CHDO Certification Date: The certification process for CCHDC occurred over approximately a 9 month
period. On December 8, 2005 county staff attended the Board meeting where the CCHDC adopted the two
remaining policy items, thus completing all of the HUD checklist requirements for their CHDO certification
status.
General
Collier County is confident that all three organizations have been appropriately certified as Community Housing
Development Organizations (CHDOs) and that all expenditures are in compliance with HUD HOME regulations. The
HUD CHDO Certification checklist will continue to be used annually for recertifying all organizations seeking CHDO
status in Collier County.
Corrective Action: A checklist has been developed into the agreement process. Management will review and approve
IFall significant steps prior to disbursement.
2) CCHDC did not qualify as a project "Developer" as defined by the HOME program.
Finding 2006 -3
Federal Agency: U.S. Department of Housing and Urban Development
Program: Home Investment Partnerships Program (HOME)
CFDA Number: #14.239
Criteria: Within 24 months after HUD notifies the participating jurisdiction (PJ) of HUD's execution of the HOME
Investment Partnerships Agreement, the PJ must reserve not less than 15 percent of the HOME allocation for
investment only in housing to be developed, sponsored, or owned by CHDOs. (24 CFR 92.300(a)). This 15%
allocation is referred to as "set- aside" funds.
The "Building HOME" guide states the following with respect to qualifying as a CHDO "developer": If the CHDO
does not own the property, it must be under a contractual obligation with the owner to obtain financing and rehabilitate
or construct the project. Under this scenario, the CHDO assumes all of the risks and rewards associated with being the
project developer. A written agreement between the CHDO and the property owner must detail the CHDO's specific
obligations.
Conditions: The County entered into a contract with CCHDC on December 14, 2005 to provide $350,000 of HOME
funds (including $115,000 of CHDO set -aside funds) for a mixed- income condominium development. CCHDC is
termed as a "sponsor" in the contractual agreement. The County has indicated, however, that it believes CCHDC is
fulfilling the capacity of a CHDO "developer" on this project.
7
Based upon the "Building HOME" guide and our review of the contract documents, it does not appear that CCHDC
met the conditions to be considered a "developer ". CCHDC was not responsible for obtaining project financing and is
not assuming all risks /rewards associated with being the developer. Additionally, CCHDS's specific obligations as a
developer are only described in general terms in the joint venture agreement.
Recommendation: We recommend thorough research and review of CHDO requirements prior to entering into a
contractual agreement. Additional review and approval procedures should be developed with respect to CHDO
expenditures to ensure that all conditions are met prior to the release of any CHDO funds. We recommend formal
documentation of all CHDO requirements and controls.
Management's Response:
Collier County reviewed HUD HOME rules and made the determination that the Collier County Housing Development
Corporation (CCHDC) was acting as a developer in the case of the Cirrus Pointe project. The joint venture agreement
between CCHDC and Jim Fields states that both parties are responsible for the development of the project. This
contractual agreement details the property owner and the CHDO's specific obligations to bring this project from
conception to completion. "The parties desire to form a joint venture for the development and sale of the parcel
according to this agreement. The parties hereby create a Joint Venture for the construction and sale of 108 residential
condominium units on the parcel."
In addition, the CHDO will be involved in efforts to secure additional financing for this project and the prequalification
and sale of the affordable units. HUD encourages CHDO's to develop partnerships in order to more successfully
develop, construct; finance and sell affordable housing.
According to HUD regulations a CHDO is defined as a "Developer" when it "has a contractual obligation to a property
owner to develop a project." In addition, "In the Developer role, the CHDO carries out some or all of the principal
project development activities." (Building HOME pages 8 -12 and 8 -15).
On January 16, 2007, staff requested clarification form the Miami HUD office on this matter.
Corrective Action: Attend training on CCHDO's sponsored by the National Association for County, Community and
Economic Development in June, 2007 and update the certification checklist and policies and procedures to reflect the
training within 30 days.
3) CCHDC did not have effective project control of the Cirrus Pointe Development at the time HOME funds
were expended.
Finding 2
Federal Agency: U.S. Department of Housing and Urban Development
Program: Home Investment Partnerships Program (HOME)
CFDA Number: #14.239
Criteria: HOME regulation §92.220(a)(1) states the following with respect to set -aside funds for Community
Development Housing Organizations (CHDOs): "The funds must be provided to a community housing development
organization, its subsidiary, or a partnership of which it or its subsidiary is the managing general partner. If a CHDO
owns the project in partnership, it or its wholly owned for -profit or non - profit subsidiary must be the managing general
partner. In acting in any of the capacities specified, the community housing development organization must have
effective project control."
Conditions: The County entered into an agreement with CCHDC on December 14, 2005 to provide the $320,000
of HOME funds (including $115,000 of CHDO set -aside funds) for development of a mixed- income condominium
project and $30,000 of HOME funds to pay CCHDC a developer fee. The $320,000 was expended on December 15, MW
2005 to acquire land and the initial payment of $7,500 of developer fees was paid.
0
CCHDC entered into a joint venture (JV) agreement with James Fields /Cirrus Pointe Partners (the Venturer) on
November 30, 2005 to develop a multi - family condominium project. Thirty -two units in this project are to be sold to
income - eligible homebuyers. CCHDC agreed to contribute $320,000 of HOME funds to the project.
Wased upon our review of the JV agreement, CCHDC was not designated as the managing general partner and did not
have effective project control at the time HOME funds were expended. The Joint Venture Agreement states, among
other things, the following: The Venturer (as defined above) "shall supervise and direct the work related to the Project.
Venturer shall be solely responsible for and have control over all construction means, methods, techniques, sequences
and procedures and for coordinating all portions off the work under the contract documents." The JV agreement also
states that "a failure of the parties to agree on any issue necessary for successfully carrying out the JV will result in
submission of the question to mediation."
Recommendation: We recommend the County review any future JV agreements that are associated with CHDO set -
aside funds and ensure that the requirements described above are met prior to the expenditure of HOME funds.
Management's Response:
Collier County will continue to review all joint venture (JV) agreements as an integral part of its evaluation of HOME
CHDO projects and their compliance with HUD regulations.
The Clerk also responded to this audit finding, however, KPMG did not include it in the 2006 Single Audit Report.
The Clerk's response was as follows:
The Clerk provided notification. to the external auditor of a potential conflict of interest violation related to
the HOME project (a mixed - income condominium development) described in this finding. Documentation
indicates that there may be a conflict of interest violation of 24 CFR 92.356 associated with the grant
expenditures. Collier County executed grant agreements for Cirrus Pointe and Copeland, representing
HOME and Community Development Block Grant (CDBG) funds. W. Jeffrey Cecil served as Chairman of
the Affordable Housing Commission, an advisory arm of the Board of County Commissioners, which
reviewed and recommended approval of these grant projects. Mr. Cecil also served as a Board member of
the non. - profit entity receiving the grant funds (Collier County Housing Development Corporation), as well
as Partner -in- charge for a law firm that has represented Mr. Jim Fields (Principal of Cirrus Pointe, LLP) in
numerous other land deals and received payment for a number of legal services related to the Cirrus Pointe
grant. Legal services included title insurance and attorney's fees. This law, firm is .slated to perform
closings on each of the 108 individual units associated with Cirrus Pointe, which could yield benefits
equating to hundreds of thousands of dollars. In essence, the law firm is representing both the non- profit
entity receiving grant funds as well as the developer charged with constructing the units and recommending
to the Board of County Commissioners, as an Advisory Board member for the Board of County
Commissioners, that they approve this expenditure. Given the scenario described there is a potential
conflict of interest with 24 CFR 92.356 (HOME) and 24 CFR Part 570 (CDBG). Although the external
auditor did not believe that the dollar value of the benefit received in this case warranted a management
comment, it is our belief that dollar value is not a consideration for a potential violation of federal
regulations, but the potential benefit involved is in fact material.
What is also disturbing is that the Cirrus Pointe project has yet to break ground as of today, June 14, 2007,
even though. the County distributed funds in December 2005 and the construction of the first three buildings
was to have been completed by August 31, 2006; construction of the second three buildings was to have been
completed by November 30, 2006 and construction of the final three buildings was to have been completed
by February 28, 2007.
Corrective Action: Staff modified language to eliminate the perceived ambiguity and attended Joint Venture training
in April 2007. Policies and procedures will be updated to reflect the training by June 30, 2007.
9
4) The HOME Subrecipient Agreement did not enforce the future affordability for the Cirrus Pointe
Development.
Finding 2006 -12
Federal Agency: U.S. Department of Housing and Urban Development
Program: Home Investment Partnerships Program (HOME)
CFDA Number: #14.239
Criteria: HOME regulation §92.504(3) describes the provisions that must be in written agreements with a "for- profit
or nonprofit housing owner, sponsor or developer". This regulation states, among other things, the following:
Section (ii) Affordability: If the owner of developer is undertaking homeownership projects for sale to homebuyers in
accordance with §92.254(a), the agreement must set forth the resale or recapture requirements which must be imposed
on the housing.
Section (vii) Enforcement of the agreement: The agreement must provide for a means of enforcement of the affordable
housing requirements by the participating jurisdiction or the intended beneficiaries. This means of enforcement may
include liens on real property, deed restrictions or covenants running with the land. The affordability requirements in
§92.252 must be enforced by deed restriction."
Conditions: We noted the following with respect to contractual agreements with non - profit housing developers:
Collier County Housing g evelopment Corporation ( CCHDC)
Section (ii)
IF-
L_
The HOME agreement (Part V, Sections D and E) states that CCHDC must comply with the affordability requirements Ak
under 92.254. The agreement does not, however, specifically address the resale or recapture provisions of 92.254(a).
Section (Vii)
The County entered into an agreement on 12/14/05 to provide $350,000 of HOME funds for a mixed income
condominium development. HOME funds totaling $320,000 were expended on December 19, 2005, however there
was no "enforcement of the agreement" as described above. A promissory note and mortgage (including affordability
requirements) were executed on November 2, 2006.
General
We noted other provisions (as described in §92.504(3)) that were not specifically addressed in the contractual
agreements but per the County, were covered under an all encompassing statement that requires compliance with 24
CFR.
Recommendation: We recommend the County carefully review the language of all HOME contracts to ensure
compliance with 24 CFR 92.504. Written agreements should specifically address each provision as described in this
HOME regulation.
Management Response:
Collier County will review all contractual agreements to ensure they comply with all requirements of 24 CFR
including 92.504. Regarding the Big Cypress deed restrictions referenced above, the developer requested an additional
change to reflect a revised legal description. This revision is in process and will be completed in March 2007.
Corrective Action: Appropriate language was added to the agreement. All agreements are reviewed by the County
Attorney's Office. Staff will pursue review by HUD source for compliance with HUD legal sufficiency.
10
5) An environmental review was not completed for the Cirrus Pointe Development.
*F11indine2006 -13
Federal Agency: U.S. Department of Housing and Urban Development
Program: Community Development Block Grant (CDBG)
Home Investment Partnerships Program (HOME)
CFDA Number: #14.218, #14.239
Criteria: HOME regulation § 92.352 requires that the environmental effects of each activity carried out with HOME
funds be assessed in accordance with the provisions of 24 CFR Part 58 — "Environmental Review Procedures for
Entities Assuming HUD Environmental Review Responsibilities."
Completion of the environmental review process is mandatory before taking a physical action on a site, or making a
commitment or expenditure of HUD or non -HUD funds for property acquisition, rehabilitation, conversion, lease,
repair or construction activities. (HUD Notice CPD- 01 -11)
The County must maintain a written record of the environmental review undertaken for each project (known as the
Environmental Review Record or ERR), which includes documentation described in 24 CFR §58.38.
Conditions: At the time of our initial audit testwork in August 2006, an environmental review had not been performed
for the Collier County Housing Development Corporation. Land was acquired on December 19, 2005 using $320,000
of HOME funds. This project was subject to a full environmental assessment in accordance with 24 CFR 58.36.
Recommendation: The County has now completed an Environmental Review Record for each of the above mentioned
projects.
Environmental reviews should be completed for each project prior to IDIS set -up and prior to expending any grant
funds. To ensure completion of environmental assessments, we recommend implementation of oversight controls.
After each ERR is completed, it should (1) be signed and dated by the appropriate staff member and (2) be reviewed
and approved by management. The approved ERR should then be forwarded to the person responsible for IDIS set -up
(to initiate this process) and subsequently placed in the appropriate file. We recommend the County update its policies
and procedures to document all controls and processes associated with environmental reviews.
Management Response:
Collier County concurs with this finding and as indicated in the recommendation above has already implemented
additional environmental practices and procedures. Consequently, our positive completion of all environmental
reviews and implementation of additional practices and procedures has validated all HUD eligible activities and any
and all questioned costs associated with these and future projects.
Corrective Action: As stated above, additional environmental practices and procedures have been implemented.
CONCLUSION
As documented by the timeline established by the Clerk and KPMG's 2006 Single Audit Report, HHVS staff
failed to establish a contractual relationship, award grant funds, and monitor progress of the CCHDC /Cirrus
Pointe Development in accordance with federal regulations and HOME program requirements. As a result of
these control weaknesses, HUD is now requiring the county to repay the $320,000 awarded to the CCHDC
for the Cirrus Pointe Development land acquisition.
The Clerk provided a response to KPMG's 2006 Representation Letter to further explain the conflict of interest issue
(Observation #3) noted above. However, Chip Jones, KPMG Managing Partner, would not accept the Clerk's
response, instead choosing to use the response provided by the county.
11
INS fa 4832633 OR 4914 PG 3275 RECORDED 5/2/2013 9:43 AM PAGES 19
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $163.00
This instrument Prepared by'
Colleen M. Greene, Assistant County Attorney
Office of the County Attorney
3299 Tamiami Trail East, Suite 800
Naples, Florida 34112
239 - 252.8400
AFFIDAVIT OF LOST ASSIGNMENT OF PROMISSORY NOTE AND SECOND
MORTGAGE AND SECURITY AGREEMENT
STATE OF FLORIDA
COUNTY OF COLLIER
BEFORE ME, the ut
Assistant County Attorney,
follows:
I.
ie'rsi $O; e - -- d.auth rity personally`a�il
- -- "..
1. Affiant, Coll' gr 1]
Collier County, a political sdi�
capacity on its behalf. tiC?
0
COLLEEN M. GREENE,
Ti, deposes and states as
, counsel on behalf of
s this Affidavit in such
2. On October 12, 1 18� lJousing Developm.; t1 "corporation of SW Florida, Inc.,
formerly known as Collier County, l3`ou t De-velappot eorporation, a Florida not - for - profit
corporation ( "Assignor ") executed iA4t. , a political subdivision of the State
of Florida, ( "Assignee ") an Assignment of Promissory Note and Second Mortgage and Security
Agreement ( "Assignment" a copy is attached hereto as Exhibit "A ") conveying a certain
Promissory Note dated November 2, 2006, in the original principal amount of Three Hundred
Twenty Thousand and 00/100 Dollars ($320,000.00) ( "Note ") and said Note is secured by a
Second Mortgage and Security Agreement dated November 2, 2006, given to Assignor, by
Cirrus Pointe Partners, LLC, a Florida limited liability company, as recorded in Official Records
Book 4137, Pages 159 -166, in the Public Records of Collier County, Florida ( "Second
Mortgage "). [A copy of the Assignment is attached hereto as Exhibit `B" and is a true and
correct copy of the original.]
3. The Assignment was a condition of a settlement in the lawsuit styled Collier
County, a political subdivision of the State of Florida v. Collier County Housing Development
Corporation, et al.; Case No. 10- 2532 -CA, filed in Collier County Circuit Court. (See letter
attached hereto as Exhibit "C ".]
4. On November 9, 2010, the Board of Collier County Commissioners approved the
settlement and acceptance of the Assignment. [See Board Recap and Executive Summary
attached hereto as Composite Exhibit "D ".]
Page 1 of2
OR 4914 PG 3276
5. Affiant has concluded that due to change in office personnel and excusable
neglect the original Assignment of Promissory Note and Second Mortgage and Security
Agreement has been lost, misplaced, or destroyed before same could be recorded.
6. The Assignee is the current owner of the Assignment and has not further assigned
or transferred said Assignment to any other person or entity.
7. This affidavit is made to record this instrument executed and acknowledged by
Collier County, a political subdivision of the State of Florida, in place of said lost, misplaced, or
destroyed assignment.
Dated this � day of AALZ 2013.
The undersigned, being No
Colleen M. Greene, appealed �' ef6r fpersonally known to me andjgg ikhv
the above and foregoing docu�meof, "ar
to the best of her knowledge.
• ° "'••
PV�••i-
SANDRA HERRERA
P, `e-
Notary Public -State of Florida
• #€
My Comm. Expires Nov 20.2016
,f� €
Commission I EE 837583
lamed Thm* NatiorW Notary Aun.
10-2532- CAI2387
Page 2 of 2
0
� 4,EEN M. GREENE
COUNTY ATTORNEY
orida, hereby certifies that
IWA and is
she aliffixed her signature to
therein are true and correct
Public
Name of Notary Typed, Printed, or Stamped
I1 �
ommission Expires
f
OR 4914 PG 3277
EXHIBIT
b to
PROMISSORY NOTE
November:dc , 2006
$320,000.00 Naples, Collier County, Florida
FOR VALUE RECEIVED, the undersigned (the "Borrower ") promises to pay to the order of
Collier County Housing Development Corporation, a Florida not for profit corporation (the
"Lender "), the principal sum of THREE HUNDRED TWENTY THOUSAND DOLLARS
($320,000.00), or so much thereof as shall have been advanced from time to time by the Lender
to the Borrower and the Borrower further promises to pay to the Lender interest on the principal
amount evidenced hereby from time to time outstanding at five percent (5.0 %) per annum.
..:'C�v'...
Borrower shall have the rightt;y "fime 4frori?t•;t Ito time, to prepay'the unpaid
principal, but with accrued interestA4t 4eiiate of such prepay ht Qn any amount prepaid. The
entire principal balance plus acoueefinterest -s4all be due and`payable on December 31, 2010
( "Maturity Date "); provided, /lbw er, thaY a Maturity Date shall be extended so long as the
Borrower is diligently pursuing th p m f ' ' -af��a F rdable housing, as defined in
that certain Joint Venture Agree datediasj oh; 3�0 dof November, 2005, between
Borrower and Lender (herein ;rhot term of watch are by this reference
incorporated herein as fully aslf4dw—ntren het'effi. 0 2 er, ,`that if Borrower fulfills the
terms of the IV Agreement and`,,aa" ' letes construction or 2 ttraitspf ffordable housing and said
units are encumbered by approph4t mortgages to Lender ac itS amount of $10,000.00 and
each satisfactory to the County a of Collier County,. l rida;'or his or her designee, then
this Note shall be deemed satisfied.
1. This note is referred to as & e" "1V`ote" m that certain Second Mortgage and
Security Agreement (the "Mortgage ") of even date herewith from the Borrower to the Lender
and is secured by and is subject to all of the benefits, terms and conditions of the Mortgage,
together with any other instruments executed and delivered by the Borrower to the Lender as
security for and securing the indebtedness evidenced by this Note and other obligations of the
Borrower to the Lender (collectively "Obligations ").
2. The occurrence of any one or more of the following events, circumstances, or
conditions shall constitute a default hereunder ( "Event of Default "): (a) failure of the Borrower
to pay to the Leader promptly when the same shall become duo (whether at scheduled maturity,
upon acceleration or otherwise) any portion of the Obligations, including, but not limited to, any
installment of principal or of interest due under this Note or any other instrument evidencing or
securing the Obligations or any fees owing to the Lender, or (b) the occurrence of any one or
more Event of Default under the Mortgage or any other agreement between the Lender and the
Borrower, or (c) a default under any loan, whether now existing or hereafter committed or made
from the Lender (with or without participating lenders) and/or f m the Lender's affiliates or
subsidiaries to the Borrower, or (d) a default under that certain Joint Venture Agreement dated as
of the 30th day of November, 2005, between Borrowers and Lender (herein "JV Agreemenf'), the
terms of which are by this reference incorporated herein as fully as if rewritten herein. At any
- time after the occurrence of any such default, the indebtedness evidenced by this Note and/or any
note(s) or other obligation(s) which may be taken in reaewal, extension, substitution, or
OR 4914 PG 3278
1,
�r
i
modification of all or any part of the indebtedness evidenced thereby and all other obligations of
}3 PnP►nt1 =r f{e h c ve- n _tmri o„q� i g uncle, the T o n ®� =-- and/or the
the Lender how,:oe _ -_ —: existing = =_ - - _mot �i .Sc
Mortgage shall immediately become due and payable without demand upon or notice to the
Borrower, and the Lender shall be entitled to exercise the other remedies set forth in the Loan
Agreement, the Mortgage or as provided bylaw.
3. Upon the occifrrenee and during the continuance of any default hereunder, the
Lender is authorized, without notice to the Borrower (the giving of notice being expressly
waived by the Borrower) to set off and apply any indebtedness owing by the Lender to the
Borrower against the indebtedness. evidenced by this Note, although then contingent or
unmatured. The Lender agrees to notify the Borrower after any such setoff and application;
provided, however, the failure to give such notice shall not affect the validity of such setoff and
application. The rights of the Lender uncjer -Pf --r �3 are in addition to any other rights
and remedies which the Lender may hay'eL
4, The Lender may tran�%f this Note and deliver Wtho transferee(s) all or any of the
property then held by the Leader, as ,usecurify-- ,tbr,.thp-- {ndebtCd es evidenced by this Note
( "Collateral ") and the transferee(s)/shall shall thepgombecome vested witlli all the powers and rights
herein given to the Lender vitlit� 'iii tbt I' -- — iscz��er skpll thereafter be forever
relieved and fully discharged fro array labhit; or rr ilfi in the matter, but the Lender
shall retain all rights and powe�r�'�Ty,gt�►cwith;espect to 3y Collateral not so transferred.
S. The Borrower `tehy waives presen t or,'` " " ent, demand, notice of
dishonor and protest and agrees4 ttt (i� any Collateralt; ►'d�/o�'rght of setoff securing any
indebtedness evidenced by this Note 34q),+ ,,from time to In whole or in part, be exchanged
or released, and any person liable O" 'K, • _ act:tq its ate maybe released --all without
notice to or further reservations of ri is "eisttl�loirew
gh g er, any indorser, surety or guarantor,
and all without in any way affecting or releasing the liability of the Borrower, any indorser,
surety or guarantor, and (ii) none of the terms or provisions hereof rfay be waived, altered,
modified or amended except as the Lender may consent thereto in writing.
6. The Borrower hereby agrees to pay A out -of- pocket costs and expenses,
including reasonable attorney's fees, incurred by the Lender in the collection of the indebtedness
evidenced by this Note or in enforcing any of the rights, powers, remedies, and privileges of the
Lender hereunder. As used in this Note, the term "attorney's fees" shall mean reasonable charges
and expenses for legal services rendered to or on behalf of the Lender in connection with the
collection of the indebtedness evidenced by this Note at any time whether prior to the
commencement of judicial proceedings and/or thereafter at the trial and/or appellate level and/or
in pre - and post judgment or bankruptcy proceedings.
7. Both principal and interest of this Note shall be payable in lawful currency of the
United States of America to the Lender at 895 10th Street South, Suite 202C, Naples, FL 34102,
in immediately available (same day) funds without deduction for or on account of any present or
future taxes, duties or other charges levied or imposed on this Note, the proceeds hereof, or on '
the Borrower or holder hereof by any government, or any instrumentality, authority or political
subdivision thereof. The Borrower agrees, upon the request of the Lender, to pay all such taxes,
(other than taxes on or measured by net income of the holder hereof), duties, and other charges
in addition to the principal and interest evidenced by this Note.
2
OR 4914 PG 3279
�i
J
8. Nothing contained in this Note or any other instrument between the parties hereto
shall be deemed to establish or require the payment of a rate of interest in excess of the rate
(whether limited or unlimited) that may legally be charged on loans or extensions of credit made
by any bank and/or lender or creditor under the laws (whether codified or not) of the State of
Florida or of the United States whichever is higher or unlimited; as such applicable rate (or the
absence of any rate limitation) now exists or may hereafter be increased (or the limitation, if any,
on the legal rate of interest eliminated) by legislation or otherwise ( "Maximum Rate "). In the
event that rate of interest so contracted to be paid should exceed the Maximum Rate, whether as
a result of its fluctuation, acceleration of the maturity hereof or otherwise, the rate of interest to
be paid hereunder shall be automatically reduced to the Maximum Rate and so much of any
interest reserved, charged or taken as would cause the same to exceed the Maximum Rate shall
be deemed not to be a credit against intervWj iirt';rathe�a prepayment on account of and be
automatically credited against outs ut&ttciaLdriced hereby regardless of how the
V ,..ti
same may appear on the Lender' Qf;_`tt O=Mwer's ii0t i bf.,records or any memoranda of
whatever nature evidencing the srartiei'Qrovided, however, no'sucli,applieation shall operate to
cure or as a waiver of any EveniofDef ulfmoc asioniztg, acceleration.
9. Any amount of pri� 'pai�}dlvi� ��r'i "fetrii' %c_:*is� th is Note which is not paid
when due, whether at stated instal att. ox`, shill bear interest from the
�' ate then
day when due until said amount,, .R4id✓,, 6__?_il, ga. `.. on gem n «st the Maximum R
allowable by law.
10. The Borrower a ' �' at this Note shall brye'denic�td have been made under and
shall be governed by the Iaws of th te:of Florida in all r�s ts,(except as to interest rates and
other terms of lending which may 4 :e, tre�•,byµth lay+ f the United States), including
matters of construction, validity, and perQrsience:` ` =any provisions of this Note shall be
deemed unenforceable under applicable law, such provision shall be ineffective, but only to the
extent of such unenforceability, without invalidating the remainder of such provision or-the
remaining provisions of this Note. All of the terms and provisions of this Note shall be
applicable to and be binding upon each and every maker, indorser, surety, guarantor, all other
persons who are or may become liable for the payment hereof and their 'heirs, personal
representatives, successors or assigns.
Borrowees Address:
15544 Monterosso Lane
Naples, Florida 34110
CIRRUS POINTE PARTNERS, LLC, a Florida
limited liability company
By:
James fields, anaging Member
DOCUMENTARY STAMPS IN THE AMOUNT REQUIRED BY LAW ARE AFFIXED TO
THE MORTGAGE SECURING THIS NOTE AND CANCELLED PURSUANT TO LAW.
ruriMtasu..ot
OR 4914 PG 3280
This instrument prepared by:
Thad Kirkpatrick, Esq.
cohen&,grigSby
27200 Riverview Center Blvd. #309
_ ,
6Uiiil6 4pi1i-'. j I'i�o6d� 3Q
ASSIGNMENT OF PROMISSORY NOTE AND
SECOND MORTGAGE AND SECURITY AGREEMENT
This Assignment is made this ! dgy_ -o October, 2010, by Housing Development
Corporation of SW Florida, Inc., former[ " - ,r wrrlpj-Cbllier County Housing Development
Corporation, a Florida not - for -p fit C rporatioq, eW si�nor ( "Assignor "), in favor of
Collier County, a political subd'ii r{of the State of Flo dt,. as Assignee ( "Assignee ").
WHEREAS, Assignoris
2, 2006, in the original print
Dollars ($320,000.00) ('N
liability company (" Borrovyo
Assignor.
Note dated November
Thousand and 00 /100
LLC, a Florida limited
WHEREAS, the Note j red by that cer 6gjSddehd Mortgage and Security
Agreement dated Novemb given by B kel t'a Assignor, as recorded in
Official Records Book 4137, P�s f - 1•bb,._in -Ah�K P, t% Records of Collier County,
Florida ( "Second Mortgage "). -- , If' . -�%`"
WHEREAS. Assignor and Assignee desire to set forth the terms and conditions of
the Assignment as more particularly set forth below.
NOW, THEREFORE, for Ten and 00 /100 Dollars ($10.00) and other good and
valuable consideration, the receipt and adequacy of which is hereby acknowledged,
the parties hereto, and intending to be legally bound, they do hereby agree as follows:
The above recitals are true and correct and incorporated herein by this
reference.
2. Assignor hereby assigns, transfers and sets over to Assignee, all of
Assignor's right, title and interest under the Note and Second Mortgage.
3. Assignor hereby represents and warrants to Assignee that Assignor is the
sole and absolute owner of the Note and Second Mortgage.
4. Assignor hereby represents and warrants to Assignee that neither the
Note, nor the Second Mortgage, have been modified or amended and that there are
Page l of 2 EXHIBIT
t / B ,.
OR 4914 PG 3281
no outstanding assignments or pledges of Assignor's right, title and interest to the
Second Mortgage or the Note.
5. Assignor hereby Confirms and acknowledges that it has not agreed with
Borrower to any offset, reduction, settlement or other agreement with regard to the
Note or Second Mortgage.
6. Assignor hereby acknowledges and confirms that on the date hereof, the
principal balance under the Note is Three Hundred Twenty Thousand and 00 /100 Dollars
($320,000.00), and that no prepayments of principal or interest under the Note have
heretofore been made.
7. This Assignment is made without recourse to Assignor.
IN WITNESS WHEREOF, the unde ! dth - `4 caused this instrument to be signed
and sealed an this ober- ...d�rZ
WITNESSES:':' ASSIGNOR :,
CORPORATION OF SW
f
W' ss # I ' Print,Namoalftahc Pasied
�Cr�c±id �hai� \ _ Its: Its Presides `�
(Type or Print Name)
Witnoss r2/ 1
J
(Type or Print Name)
STATE OF FLORIDA
COUNTY OF COWER
The foregoing instrument was acknowledged before me this 'day of
October, 2010 by Francesca Passers, as President of Housing Development Corporation of
SW Florida, Inc. She is personally known to me.
(SEAL)
wv+cYQIMw
WCaMMM82190
EXPOS: Saxe nba24.2312
Qii.�c� G'�cu.r
Signat r e
(Type or print Name of Acknowledger)
Housing Development Corporation of SW FWda Inc - Assignment of Note and Mortgage.00C Page 2 of 2
OR 4914 PG 3282
,r
i
" ` a culture of
C01, en rl sb
performance
tS
kpricc @cohenla
Fax 239. _0
�s
,.1w
Kelley G. Price
Via Facsimile and U.S. Mail
Steven T. Williams, Esq.
Assistant County Attorney
Office of the County Attorney
3301 Tamlami Trail East
Naples, FL 34112 -4902
Re: Collier County
Case No. 90.0;
Confldentlal Settlement
Dear Mr. Williams: i
October 21, 2010
Pursuant to your request re�acittg`tti�`sl ;lerx;
enclosed please find the orizOn Assignment of Pi
Security Agreement executed b ' [ancesca Passed
in our recent e-mail communicat poi-, the delivery of
upon the approval of the settle nir, have been
Commissioners at the meeting on bt�a)b fr, -2010
material terms of the settlement are bh bj.il
original instrument be returned to my office wit -7n thr
in Any Proceeding
cu sibnp, in +the above - referenced case,
iissary NA,; and Second Mortgage and
kq. qn Jeff of my clients. As indiclated
ari inall -signed Instrument is conditional
:qu qin §Jby the Board of Collier County
,# � `, bttiement is not approved, or if any
:ommissioners, we will require that the
(3) business days.'
If you have any questions regarding this, please contact me. I look forward to the amicable
resolution of this matter next week.
Sincerely,
COHEN & GRIGSBY, P.C.
By
Kelley G. Price
KGP /shs
Enclosure (as noted above)
cc: Francesca Passed, Esq. (via e-mail)
Kathy Patterson (via e-mail)
IW4970 Loot EXH1131T
C
z7zoo Riverview Center Boulevard, Suite Sag • Bonita Springs, FL 341W4317 ` Mann 239.390.1900 • Fax 239. 390.1901
www.cohe-rdaw.com
�i
r..
�i.
n
E
OR 4914 PG 3283
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
COM- REDEVELOPMENT AGENCY BOARD (CRAB)
AIRPORT AUTHORITY
Fred W.
Frank Ha'
Jim Coletta, ]
Donna Fial
AGENDA
November 9,2010
lflCC Chairman Corgi'
NOTICE: ALL PERSO n Vl
REGISTER PRIOR TO WA
COUNTY MANAGER P&dh'
ITEM TO BE ADDRESSED.
UP TO THREE (3) MINUTES
CHAIRMAN.
;Sioner, District 4
Asioner, District 2
',' ,AB Vice - Chairman
1, CRAB Chairman
rr .bistrict 3
TO SAK O AAGENDA ITEMS MUST
3PEAKLTST REGISTER WITH THE
E PRE; s TION OF THE AGENDA
JRED SPEAKERS WILL RECEIVE
,S- ,JIM
TIME TIME IS ADJUSTED BY THE
COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY
ORDINANCE 2004 -05 AND 2007 -24, 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."
Page 1
November 9, 2010 ExHl ,T
OR 4914 PG 3284
11.
E. Recommendation to accept reports and ratify staff - approved change orders
and changes to work orders.
Motion to approve w /exception to Item #6 (Goodland Boat Park), Item
#9 (Handyman and Minor Carpentry Services) and Item #10
(Handyman and Minor Carpentry Services) - Approved 510
PUBLIC COMMENTS ON GENERAL TOPICS
A. Mike Shoeman — regarding Item #6B
12. COUNTY ATTORNEY'S REPORT
Moved from Item #16K2 (Per Agenda Change Sheet)
A. Recommendation to ae ISf; ettlement offer proposed by Housing
Development Corti 46 a, Inc., formerly known as Collier
County House,*; �lopment Corpor ti it ��relating to litigation styled as
Collier County. Aorida-v,Collier Coun HoVsmia Development
IFU
14.
for the Twenti0 j , 10 �'
whereby Hous, Deeom 4'. t�
right, title ails Wrest'to -mod" ,
security agr ern nt, in the principa
Pointe Partndt°s.C, and direct t)
additional action } cessary to in
Approved - 510 in -
OTHER CONSTITUTIONAL OFFICERS
� no' pending in the Circuit Court
it, Collier County, Florida,
afiTof SW Florida, Inc., assigns all
at aid second mortgage and
. 7rcwW
Cpf $320,000, given by Cirrus
Attorney to take whatever
'this settlement.
AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT
AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Mr. Ochs — Moving Public Comment to before Staff Communication in
the New Automated Board Agendas
B. Commissioner Fiala — Report on low income housing in Collier County
C. Commissioner Halos --A resolution naming the new recycling center the
John Yonkosky Recycling Center — Consensus
D. Commissioner Coletta — Thanks to Staff, Mario Diaz -Balart and Matt
Hudson for their attendance at the Everglades Interchange meeting
Page 8
November 9, 2010
OR 4914 PG 3285
EXECUTIVE SUMMARY
Agenda Item No. 16K2
November 9, 2010
Page 1 of 9
Recommendation to accept the settlement offer proposed by Housing Development,
Corporation of SW Florida, Inc., formerly known as Collier County Housing Development
Corporation, relating to litigation styled as Collier County, Florida v. Collier County
Housing Development Corporation, et at. (Case No,10- 2532 -CA) now pending in the
Circuit Court for the Twentieth Judicial Circuit in and for Collier County, Florida,
whereby Housing Development Corporation of SW Florida, Inc., assigns all right, title and
interest to the promissory note and second mortgage and security agreement, in the
principal amount of $320,000, given by Cirrus Pointe Partners, LLC, and direct the
County Attorney to take whatever additional action is necessary to implement this
settlement.
OBJECTIVE: That the Board
proposed by Housing Develop�r
litigation styled as Collier Count
et al., whereby HDCSWFLAssq
note and second mortgage and all
by Cirrus Pointe Partners LL;f
action is necessary to impleme11
CONSIDERATIONS; CPJitek Coun
Home Investment PartnershioPi gran
for land acquisition and the \.d�opr
agreement was effective on,
additional time for completion.
HDCSWFL failed to materially cor p
$320,000 in grant funds from Collier
were ever built.
am"ti1i`o oard) accepts the settlement offer
ration of S V r rida, Inc. ( "HDCSWFL ") relating to
V. Collier Countyziousing Development Corporation,
&.,Co.unty�all right; title�and interest to the promissory
;e,ment, in the principal amount of $320,000.00, given
,(ss',WFr--&W Attdfnev to take whatever additions!
r Dcpartmenfof Ho4ingi� *,'Human Services awarded a
( HOME) Grant ?tg HDCS* L in the amount of $320,000
ent of affordalgj� / units in Collier County. The
r 14, 2005 and at�ndj8 on July 1, 2007 to provide
ie�feral.c �ett�bn�tvas December 31, 2009; however,
�`_ ,%the agreement. HDCSWFL received
Jouiity�wvh3b t�was used for land acquisition. No homes
Section VI (A) of the grant agreement provides: "All HOME funds are subject to repayment in
the event the PROJECT does not meet the Project Requirements as outlined above," In the event
the subrecipient fails to perform, the agreement provides financial protection to Collier County
by requiring repayment of funds. Furthermore, the subrecipient secured a mortgage against the
subject property. This mortgage is recorded in Official Records Book 4137 Page 0159 of the
public records of Collier County, Efforts to resolve this issue with the subrecipient were
unsuccessful, and at its April 13, 2010 regular meeting, the Board authorized the County
Attorney Office to file suit against HDCSWFL to recapture the funds for material non-
compliance.
In its settlement proposal HDCSWFL would assign all if its right, title and interest to the
$320,000 promissory note and the above - referenced second mortgage and security agreement to
Collier County. A copy of the executed Assignment is attached to this Executive Summary.
Page 1 of t
OR 4914 PG 3286
Agenda Item No. 16K2
November 9, 2010
Page 2 of 9
This settlement does not adversely impact the remaining litigation against James Fields and
Cirrus Pointe. A specific term of the Settlement Agreement is that the Collier County Housing
Development Corporation will make a designee available for the County to depose for use in the
remainder of the litigation.
FISCAL IMPACT: Currently, the County has extended $320,000 in HUD funds for the Cirrus
Pointe project. This settlement represents an attempt to secure the County's interest in those
funds. The existing $320,000 granted by the County was unsecured. HUD has stated that it will
diminish future grants to the County in the amount of $320,000 if the County does not seek
return of the funds granted to Collier County Housing Development Corporation. The securing
of the existing promissory note is a step toward the ultimate recovery of the HUD funds.
,I,k,UA-L UeuvSiUMCNIiUNS' f:d e,Cl :i►1 th t2oynfjr.ptivmey has reviewed the proposed
settlement offer and related do felt- en'tss-�nd this item is- legalty,`s ffcient for Board action. JAK
RECOMMENDATION: That, t 'h�- B°oaid-bf- County,Commission6m accepts the settlement offer
proposed by Housing Dev 6Iop*en(' - o"'ora ion of S Florida, in� , formerly known as Collier
County Housing Develo�menf' rot gra1irar!', tngj o`�it #�tionj styled as Collier County,
Florida v. Collier County ifffoltsin� li?erlel�p�ner�L/ 7\c atlon, : et at., whereby Housing
Development Corporatioh * Florid ItNC. assigns "Collier, County all right, title and
k C � >_a:s c4—Z,
interest to the promissory, no p still second mortga &.e an seci iagrcement, in the principal
amount of $320,000.00 i fib b Cirrus Pointe Part &
g �, y LC; aut�'directs the County Attorney
to take whatever additionalmts necessary to implirite t tlt� ttlement.
PREPARED BY: Jeffrey AL. kb i, aunty 1�ti N 'J
Page 2 of 2
OR 4914 PG 3287
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Agenda Item No. 16K2
November 9, 2010
Page 3 of 9
Item Number: 16K2
Item Summary: Recommendation to accept the settlement offer proposed by Housing Development
Corporation of SW Florida, Inc., formerly known as Collier County Housing Development
Corporation, relating to litigation styled as Collier County, Florida v. Coiner County Housing
Devetopment Corporation, et al. (Case No.10- 2532•CA) now pending in the Circuit Court for
the Twentleth Judicial Circuit In and for Collier County, Florida, whereby Housing
Development Corporation of SW Florida, Inc., assigns all right, title and interest to the
promissory note and second mortgage and security agreement, in the principal amount of
$320,000, given by Cirrus Pointe Partners, LLC, and direct the County Attorney to take
whatever additional action is necessary to implement this settlement
Meeting Data: 11/912010 9:00:00 AM
Prepared By�,r'"
Jeff Klatzkow County At4orni / t Data
?; - - -• 1012512010 3:50 :19 PM
Approved By
Steven Williams Assistant � unly Att r4 Fry aXe
t �. !
County Attorney Count>±A#t�me -y' f .1OJ26120101:11 PM
Approved B
OMB Coordinator y ` J Date
f
County Manager's office Office of Managlr�l nt t3udaQ,S - __ '�44 a 11(2/201011:35 AM
Approved By
Randy Greenwald Management/Budget Analyst Date
Office of Management b
Office of Management 3 Budget it/2120i01:28 PM
Budget
Approved By
Leo E. Ochs, Jr. County Manager Date
County Managers Office County Managers Office 1112/2010 3:30 PM
OR 4914 PG 3288
Agenda Item No. 16K2
November 9. 2010`
:. Page .4 of 9 ,
This instrument:prepardd - -by::
Thad Kirkpatrtgk,' Esq..
cohtrn&grjsbY. •v.
17200'Rh�c-6,i -W Qi Mer l INd. #308
Bonita:Springs, 0aoMa 34:134
•A3t10NMENT QF PROMISSORYrNOYE At+(D ;.
- . _ = :�EGONG MORT�sAGE AND `SECURRIf�'A,�REEM£at::.::.,. '� • „� .
"`THIS° ..� • rE�::
ASSig ri`t8r5t�is= ra�e�tti .^t3et-2A1O�b Nbi7 `• -�V
Corporation of SW Florida, Inc , o i yr Y s it' r County Housing Development
Corporation, a Florida not -, corporafion; ` not ("Assignor"), , �j►, ( g ) in favor at.
Collier-.Coupty;.a polift6l:sGf�di�rtslQn ot':the:Stato of`F :Assignee ( "Assignee" J,.
. ' : � .
-WHBRFAS,.Assig nor Rh d�r f- ' 'e ' sory Note dated Naverhber
2, 2006iirt-.the original p l a octntf ofT r : u` r d we6ty Thousand r�6d.0o /I:0o::.
Dollars. ($320,000.00] (N s' ?- die
Poi r� a t s, LLQ 'd Ftodd6 limited -
liability company ( "Bor 'j to Assignors /;:::7/
WHEREAS, the No ured by that certat t i Mortgages and-.Secvrity.,
Agreement doted Novem a 006, given by r to Assignor, --as -recorded: in
Officiaf'Records, Book 4137'' <r e�, 5�tbbrlrr" tic. Records, of - Cotiler.:County,.
Florida (Second Mortgage J. /
WHEREAS; ind Amignee. ddslre.to-.set;fo_rfh_ the terms: -.a_ nd.iconditionibC.”
the-Assignrfnent as;mgre particulddyset forth beJovrr _
:.., .:. -
.. . -:_:.: ... _. :,•ice :.;�� ;..-r.��....�'._ -- - -- ='r.::;:..i
• --.._._; ____. _..-- mac::.. , >. __ - _< -_ __: :__. •;•.. .....•• •:_"2 -.• .K.. e•_,'•;::.'se. ;'- �•� :i °'sr'4.3r °-.
=THEREFG�Rr yr ` %n :and OfJ /tOp t?oilars ` {510.00) ai�l3;: otilefi: gooii.:afid
valuable consideration, the receipt dnd adequacy of which is hereby acknowledged~
the parties hereto,: Arid intending to.be IegoOy bound, th @y do hereby agree as follows:
1'.• : .: -The_ cbova recitals are true 'and correct and incorporated: herein by this
referencb. . • ...
2.• Assignor• hereby assigns, transfers- arid sets over to -Assignee, arf -of'
Assignor'sAght,-title and Intere3t under the Note and Second Modgoge� .
3: :-Assignor: hereby represents and warrants'_ 6 Assignee fhat Assignor;is tfis3
$gle-:and absolute owmer of the :Note and Second Mortgdge.:
4. ' -Assignor hereby represents and warrants to Assignee that neither the
Mate, nor the Second Mortgage, have been: modified or amended and that there are
Page t oE2.
OR 4914 PG 3289
- Ageridadtem No. 16i<2', -
November -9; 2010:-
,
-Page 5 of.9
Tv
no outstanding: asstgrirrie�ts; of pledge': af.;Assigno�'s: rigfit,:.titie and interest to the.
Second Mortgd -;*t- iie'ititste..
5... Assignor heiepy.confl"s.and ockridWiedges that it hds'not:agreed with':'. .:
Borrower .to any offset; reduction, sefiflemeni 'or olf ee...C*ppiftnt-with reggr'd4 the
Note orSecorid'Mortg age.
.
6. .Assignor-hereby acknowledges anal corifirnis.that on the data heieof;:fihe
pdncipal bnfdnce under the Note IvThree Hundred Twenty -TFiousand:gt'ict DQJi00.tJoltars :..
. ($S20;000.00), and that no prepaynients•,of principal or interest 'under the tote have: ° •:; :.
herefofore:been made;: ;
°nt: s r�nasle:v+ihovt recoi�s_tp;Aslgnot.:;y':•
. ..... ..::7•.;. ' '= Thtsa�zstgnnie . i..
:. {, `7::.: -.._.: r=- ::.::.� :5:r? - �_:.._, •�- .••., - — --
• .. .: .. _.:. :..*_ - .n.,:.r.} —_ ,1ib�_ . , -- _'•3,Fje... �j�++•=�i�:7 ?_`.p "; .:• ...5t�::. - —�k= =� a�- tir?`•::;.i 5.'Y�_- '�.".°s.+. �,==
iN WITNESS WHERE. , t+ e'er �� ed this instrument to be signed
and seated on this, 6f October, ;I
WITNESSES: �,`- HSS�iGN':K.: . . ...
- S
• - 141��I'f CO.RPQR{[TT.N� b.F•'- Vif -- "`_ •:•.•.
Trin
,,t,,r, .,,.� • .Ifs`: "ns Pr` sr rat'`�j° : � .. -. -. . • .
(Type or Print NarYrQ)• , � �jfi: - ''�>. • • •..
:::._• -
STATE 6 FLORIDA !I.
COl1NTY.0FCQWER
- :was vcknov++le1 ed: =b tare.; ne_;
The' fgtagoit rgstiuineiit :. 9 ttii9 -: `-'r! ::o'
Octof3er ,.!010 byTraiti ._. P6sset), asPresidehfi: ofiHousi ngDevefopmetit _`__;otpciptlt�riof::•
SW.Floddadnc. She�ls.j�er3onatty known to me _
(SEAL) ... - _ -=
Signa e
'G (Type or•pdht Name of Acknowledger} ••
urcousssoK�ooarra
' •E7�iES8rpmib�r2{76t2. -
• luadfMUNe�.rAMdkOriiil� '
• . • HcinrnC:4e'[c�OR�r!e.i CorpofottOn i613 :Flo40 I mc - Assrgittrtenl oI,plo ►e ond:M6rt� age: .
OR 4914 PG 3290
EXECUTIVE SUMMARY
Agenda Item No. 16K2
November 9. 2010
Page 6of9
To authorize the Department of dousing and fiunaan Services to work with tha Co=unoy AEtoFUey
to take all efforts to recapture U.S. Housing and Cuban Development ( "HUD ") Grant Funding
provided to the Collier County Housing Development Corporation ( "CCHDC') including filing
a lawsuit in the 20`" Judicial Circuit if necessary for failure to comply with the Grant Agreement
to develop Cirrus Pointe and to seek direction on whether to fund CCHDC for future grant
awards.
OBJECTIVE: For the Board of County Comtnissiotlok.* � authorize the Department of
Housing and Human Services to work with the County�Qj Mey to take all efforts to recapture
HUD Grant Funding provided to CCHDC including a ?Wn a lawsuit in the 20 Judicial Circuit
if necessary for failure to materially -,c ? y "WW. -thq terms of the grant agreement dated
0
December 14, 2005 and amended'-0-1k
awards. 2017 t et�ter to f
1. �und CCHDC for future grant
;.
,
CONSIDERATIONS: Collicpto ty "TTepartnti.ht -of iio+ ing''t�nd Hu Services (HHS)
awarded a Home Investorent P ersiu Giant to CCHDC in the amount of
$320,000 for land acquisition a 0_.M ablje housing units in Collier County.
The Agreement was effe' ive;oni �. _ . ` c ` ed ion Jul 1 2007 to provide
�c�tt
additional time for compIvtfti:o h �mpte� KD$cember 31, 2009. To date,
CCHDC has failed to ma�elili l compl . � s d1 ili'�,J.1°g eement. CCHDC received
$320,000 in grant funds frgrlx�iIier County which ued Bland acquisition. There is no
construction started.
CCHDC is now currently known a3#ieou=g_Ive1 }ptt}ri't corporation of Southwest Florida.
Section Vl ( ) `of Iii' grant 4e? lnent proi*ides:-�Wf'HOIvlE funds are subject to repayment in
the evC'# he PROJECT49. g not r eg the Project Requirements as outlined above."
Prior to the Agreement with the County,. CCHDC entered into a Joint Venture Agreement with
James J. Fields and Cirrus Pointe Partners, LLC ("Venturers") on November 30, 2005. This
Agreement provided that the Venturer would own the parcel once acquired, and that CCHDC
would contribute $320,000 toward acquisition. Based on the Agreement, the Venturer is
responsible for all construction costs. The Agreement further provides- "Upon any breach by
VENTURER of the terms.gtthis agreement which would prevent CCHDC from receiving, or
would require CCHDC to 'refund, project expenses and/or developer fees it would have
received.... VENTURER shall be responsible to return $320,000 CCHDC provided..."
Collier County's demaad and cause of action will be against CCHDC based on breach of the
grant agreement and amended agreement with the County.
Federal regulations also give the granting agency, the County, the discretion to determine
whether to fund the non - profit again based on past non - compliance. HHS seeks direction from
the Board of County Commissioners on whether to continue to fund CCHDC in the future. Staff
OR 4914 PG 3291
Agenda item No. 16K2
November 9, 2010
Page 7 of 9
recommends funding CCHDC for future non - construction projects. CCHDC has achieved
success in other areas including budget and foreclosure counseling, CCHDC is the only certified
education agency operating in the Naples area.
FjSfAI, IMPACT: The cost of potential litigation is unknown. Filing fees and service are
approximately $400. The case will be handled by the County Attorney's Office.
GROWTH-MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item and related contract documents have been reviewed
by the County Attorney's Office. Based on information available to date, CCHDC is in breach
of the grant agreement with Collier County. HUD regulations require the County to attempt to
recapture the funds for material non - compliance. This item is legally sufficient for Board action.
—CMG
96,
RECOMMENDATION: 1144�r` and of CouiVi 1,p l ssioncrs authorizes the County
Attorney to work with the Dupa�ient of Housing and'luftii t,,Services to take all efforts to
recapture U.S. Housing and;Urbah Developrn_ent "HIED ") Grapt Funding provided to the Colli r th
County Housing DevelopmcntlCor bf'ation (,.CCfWQ) including, filing a lawsuit in the 20
Judicial Circuit if necessary fdr, Meth ,to,'. omp�y,, ith#, ,t Agreement to develop Cirrus
Pointe and to seek direction oriw tq fir d�CCI7 for f7 ur¢ grant awards.
PREPARED BY: Marcy bi , Directk Hetrs g an *Services
t � 1
09- FAH - 00471!4 +
�a
2
OR 4914 PG 3292
EXECUTWE SUMMARY
Agenda Item No. 16K2
November 9, 2010
Page 8 of 9
Recommendation to authorize the County Attorney to file a lawsuit, on behalf of the
Collier County Board of couu,c g €sie5ea6655a6eRib "ib, 61KO nai Me Colifler County Housing
Development Corporation, now known as the Housing Development Corporation of
Southwest )Florida, for failure to comply with the grant agreement to develop Cirrus
Pointe.
OBJECTIVE: That the Board of County Commissioners (Board) authorizes the County
Attorney to file a lawsuit in the 20`' Judicial Circuit to recapture HUD grant funding provided to
the Collier County Housing Development Corporation, now known as the Housing DcveIopment
Corporation of Southwest Florida ("HDCSWFV pursuant to the grant agreement' dated
December 14, 2005 and amended on July 1, 2007.
CONSIDERATIONS: Collier
Home Investment Partnership Pi
for land acquisition and the d5
agreement was effective on ',-D
additional time for comnletidn' .
The date for final com
materially comply with
funds from Collier Courn
t of Housing and Human Services awarded a
10' cP' ' 1 H,DCSWFL in the amount of $320,000
,�lutE�6ra�rt<ja, ,
f of affordibit ii(hs ng units in Collier County. The
theit
14, 2005 and aded on July 1, 2007 to provide
eN
Section VI (A) of the grant.' ement provides: "Ali'
the event the PROJECT does ;t, Vmect the Project Rcgi
the subrecipient fails to perfd .., t) c agreement provii
by requiring repayment of fundijt- ore, the sti
subject property. This mortgage tg ,r o id I to f ui
public records of Collier County.
HDCSWFL has failed to
eeived $320,000 in grant
mes were ever built,
it are subject to repayment in
isbutlined above." In the event
it protection to Collier County
secured a mortgage against the
s Book 4137 Page 0159 of the
At its February 9, 2010 regular meeting, the Board authorized the Department of Housing and
Human Services to work with the County Attorney to take all efforts to .recapture the grant
funding provided to the Collier County Housing Development Corporation to develop Cirrus
Pointe. Efforts to resolve this issue with the subrecipient have been unsuccessful, and the
County Attorney is seeking the Board's authorization to file the lawsuit.
FISCAL IMPACT: Filing fees and service are approximately $400, Legal costs should be
minor. The case will be handled by the County Attorney's Office.
GROWTH MANAGEMENT IMPACT: None,
LEGAL CONSIDERATIONS: This item and related contract documents have been reviewed
by the County Attorney's Office. Based on information available to date, Collier County
Housing Development Corporation is in breach of the grant agreement with Collier County.
HUD regulations require the County to attempt to recapture the funds for material non-
compliance. This item is legally sufficient for Board action. — STW
*** OR 4914 PG 3293 ***
Agenda item No. 16K2
November 9, 2010
Page 9 of 9
gF,COMMENDATIO That the Board of County Commissioners authorizes the County
Attorney to file a lawsuit in the 20'h Judicial Circuit to recapture HUD grant funding provided to
the Collier County Housing Development Corporation, now known as the Housing Development
t!n 'A 'np —U— !A '$1M nr-al
amended on July 1, 2007,
Prepared by-, Steven T. Williams, Assistant County Attorney
CP\10-000-00116\12
"0&/
C�
OLSTICE RESIDENTIAL PUD
A RESIDENTIAL PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE CIRRUS
PA4NT€SOLSTICE RESIDENTIAL PUD, A RESIDENTIAL PLANNED UNIT DEVELOPMENT
PURSUANT TO PROVIDISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE
PREPARED FOR:
jAMF=S j. FIELDS
NAPLES, FLO-RI-D-A 24 Cirrus Pointe Partners LLC
516 Commerce Drive, Suite 200
Apopka, Florida, 32703
PREPARED BY:
W_I 1 IAM. L. HOOVER AICP
uAAVC� DI
Tilcs�irCi ANNING 4 DEVELOPMENT, INC.
2796 AIRPORT ROAD N., SUITE 94
.
NAPLES, P6ARtBA 341 Ag
D. WAYNE ARNOLD, AICP
Q GRADY MINOR AND ASSOCIATES P.A.
3800 VIA DEL REY
BONITA SPRINGS FLORIDA 34134
and
RICHARD D. YOVANOVICH
r±nnnl cTrc COLEMAN, YOVANOVICH & jOHNSANKOESTER, P.A.
4001 TAMIAMI TRAIL N., SUITE 300
NAPLES, FLORIDA 34103
DATE FILED Dersam-haer 2,2004
DATE REVISED August 2013
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
TABLE OF CONTENTS
TABLE OF CONTENTS
LIST OF EXHIBITS AND TABLES
STATEMENT OF COMPLIANCE
SECTION I PROPERTY OWNERSHIP AND DESCRIPTION
SECTION II PROJECT DEVELOPMENT REQUIREMENTS
SECTION III RESIDENTIAL AREAS PLAN
SECTION IV PRESERVE AREAS PLAN
SECTION V DEVELOPMENT COMMITMENTS
ii
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Solstice RPUD Revision 2 8 -7 -2013
PAGE
1
3
5
9
13
14
n
E.-
C
E
(4
LIST OF EXHIBITS AND TABLES
EXHIBIT "A" PUD MASTER PLAN
■ - -
, W d Cal . .-
TABLE 1 DEVELOPMENT STANDARDS
iii
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Solstice RPUD Revision 2 8 -7 -2013
- MITT
._
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_ W.-MIN-1-1-1,11- _ - - - -
• ••
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Solstice RPUD Revision 2 8- 7 - -2013
- --
_ - -
- -
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Solstice RPUD Revision 2 8- 7 - -2013
EIIC�
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Solstice RPUD Revision 2 8- 7 - -2013
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.31 LEGAL DESCRIPTION
The subject property being 9.92± acres, is located in Section 14, Township 50
South, Range 25 East and is fully described as, "All of Lot 103 of Naples Groves
and Truck Company's Little Farms No. 2, according to the plat thereof, as
recorded in Plat Book 1, at Page 27 -A, of the Public Records of Collier County,
Florida."
1.32 PROPERTY OWNERSHIP
The subject property is owned by StFeet, Suite .. •
�11- &Cirrus Pointe Partners LLC, 516 Commerce Drive, Suite 200, ADopka,
Florida, 1
1 _ _
■
Words stet are deleted; words underlined are added.
Solstice RPUD Revision 2 8- 7 - -2013
- - - - _
-- - - - - -
IM M"Mm
F111"]
...
MMMAMLIM
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Solstice RPUD Revision 2 8- 7 - -2013
SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
Or ES
5
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Solstice RPUD Revision 2 8 -7- -2013
4_
rslationships-
Or ES
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Solstice RPUD Revision 2 8 -7- -2013
_
1, -
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Solstice RPUD Revision 2 8 -7- -2013
F1
appliGable -aG eagee
2.41 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES
The maximum of 108 residential dwelling units may be constructed in the total
project area. This is based on a gross acreage of 9.92 acres and a maximum of
10.89 dwelling units /per acre�_consistent with the Bayshore/Thomasson Drive
Subdistrict of the Future Land Use Element of the Collier County Growth
Management Plan.
aGFe must be deye!Gped -R ar-,r--e-FdaRGe with an approved AftFdabl-
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Solstice RPUD Revision 2 8- 7 - -2013
=TVr.TM
IM am 37
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- -
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appliGable -aG eagee
2.41 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES
The maximum of 108 residential dwelling units may be constructed in the total
project area. This is based on a gross acreage of 9.92 acres and a maximum of
10.89 dwelling units /per acre�_consistent with the Bayshore/Thomasson Drive
Subdistrict of the Future Land Use Element of the Collier County Growth
Management Plan.
aGFe must be deye!Gped -R ar-,r--e-FdaRGe with an approved AftFdabl-
Words stmek dweugh are deleted; words underlined are added.
Solstice RPUD Revision 2 8- 7 - -2013
■
■ ■
MEMM
AMMT
Or
0,1011,1141 -
AN
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Solstice RPUD Revision 2 8- 7 - -2013
- -
- WIN I ■
-
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Solstice RPUD Revision 2 8- 7 - -2013
E-1
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Solstice RPUD Revision 2 8- 7 - -2013
3.1
3.2
3.3
SECTION III 0
RESIDENTIAL AREAS PLAN
PURPOSE
The purpose of this Section is to identify specific development standards for the
residential areas as shown on Exhibit "A" RPUD Master Plan.
MAXIMUM DWELLING UNITS
The maximum of 108 residential dwelling units may be constructed in the total
project area. This is based on a gross acreage of 9.92 acres and a maximum of
10.89 dwelling units /per acre, consistent with the Bayshore/Thomasson Drive
Subdistrict of the Future Land Use Element of the Collier County Growth
Management Plan.
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:
Multi- family dwellings.
2. Any other principal use which is comparable in nature with the
foregoing list of permitted principal uses as determined by the
Board of Zoning Appeals ("BZA ") by the process outlined in the
Land Development Code (LDC). --
B. Permitted Accessory Uses and Structures:
Customary accessory uses and structures including — GaFPGFt ,,
garages, gazebos and utility buildings.
2. Recreational uses and facilities including swimming pools, tennis
courts, volleyball courts, fishing esks, walking paths, picnic areas,
recreation buildings, and basketball /shuffle board courts.
3. Temporary sales trailer and model units.
4. Gatehouse, gatehouses, and access control structures.
Words stmek thmigh are deleted; words underlined are added.
Solstice RPUD Revision 2 8 -7- -2013
Adhk
qP 5. Interim and permanent utility and maintenance facilities necessary
to service this RPUD.
6. Signage
3.4 DEVELOPMENT STANDARDS
A. Table l sets forth the development standards for land uses within the
QFFUS Solstice RPUD.
El
40 10
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Solstice RPUD Revision 2 8- 7 - -2013
TABLE I
RESIDENTIAL DEVELOPMENT STANDARDS
STANDARDS MULTI- FAMILY
Minimum Lot Area (per unit) NA
Minimum Lot Width NA
Front Yard Setback (1)
15'(2)
Side Yard Setback (1)
1 -Story
7.5'
2 -Story
10'
3 -Story and 4 ftfyOver Parking
11.25'
Rear Yard Setback (1)
10'
Principal Structure
20'
Accessory Structure
10'
RPUD Boundary Setback (1
1 -Story and 2 -Story Homes
15'
3 -Story and 4 -Story Homes
Accessory Structure
Preserve Area Setback
Principal Structure
Accessory Structure or infrastructure
10'
Lake Setback (4)
Distance Between Structures
Main /Principal
1-Story
15'
2 -Story
20'
3 -Story
22,5'
Accessory Structures
10'
25' (3)
10'
25'
20'
Maximum Height:
Principal Building
Zoned 48' -50' or 3 habitable stories over parking not to
exceed 50'
Actual 60'
Accessory Building 4-25'
Minimum Floor Area 4&9--950 Sq. Ft.
6aFage4terage -Area
(1) Buildings, structures and pavements shall not encroach into required landscaped buffers.
(2) The multi - family minimum front -yard setback shall be increased to 23 feet where both
perpendicular parking and a 5 -foot wide sidewalk are located within such front yard
setback.
(3) All buildings with 3 habitable stories shall be set back a minimum of fifty feet from the
eastern RPUD boundary
.
(4) Lake setbacks are measured from the control elevation established for the lake.
8. off
Cd` }ree4 D rLinev n
11
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Solstice RPUD Revision 2 8 -7- -2013
• Arm-MME-7
ZAM
-TIM MMM�
- -
- - M. "01-000-6-
- - -
-TIM MMM�
NO
_ell
Signs shall be peffnitted as deSGObed within SeGfien 6.06.09 of the GgIlie
Gounty Land Development Gede,
B. Deviations:
q* 12
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Solstice RPUD Revision 2 8- 7 - -2013
Ask
Deviation 1 seeks relief from LDC Section 4.05.04.G, Parking Space
Requirements, which requires that small -scale recreational amenities
within multi - family proiects where a majority of the units are within 300' to
provide parking at 25% of the normal parking requirements for recreational
facilities, to allow the small scale recreational amenity to provide one
parking space for short term drop off/pick -up and one ADA compliant
space.
13 0
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Solstice RPUD Revision 2 8- 7 - -2013
El
E 71
"'LA
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
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.
2. Hiking, and nature trails, and boardwalks.
3. Water management structures.
4. Native preserves and wildlife sanctuaries.
14
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Solstice RPUD Revision 2 8- 7 - -2013
SECTION V
DEVELOPMENT COMMITMENTS
5.31 RPUD MASTER PLAN
A. Exhibit "A ", RPUD Master Plan illustrates the proposed development and
is conceptual in nature. Proposed area, tract, 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 Subsection
10.02.13E. 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.
5.42 SCHEDULE OF DEVELOPMENT /MONITORING REPORT AND SUNSET
PROVISION
15
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Solstice RPUD Revision 2 8- 7 - -2013
C
El� I
_ ON .. ,
- --
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5.31 RPUD MASTER PLAN
A. Exhibit "A ", RPUD Master Plan illustrates the proposed development and
is conceptual in nature. Proposed area, tract, 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 Subsection
10.02.13E. 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.
5.42 SCHEDULE OF DEVELOPMENT /MONITORING REPORT AND SUNSET
PROVISION
15
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Solstice RPUD Revision 2 8- 7 - -2013
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- - - -
5.31 RPUD MASTER PLAN
A. Exhibit "A ", RPUD Master Plan illustrates the proposed development and
is conceptual in nature. Proposed area, tract, 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 Subsection
10.02.13E. 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.
5.42 SCHEDULE OF DEVELOPMENT /MONITORING REPORT AND SUNSET
PROVISION
15
Words smolt are deleted; words underlined are added.
Solstice RPUD Revision 2 8- 7 - -2013
C
El� I
A. The landowners shall proceed and be governed according to the time
limits pursuant to Section 10.02.13D. of the Land Development Code.
B. Monitoring Report: An annual monitoring report shall be submitted
pursuant to Section 10.02.13F. of the Collier County Land Development
Code.
Q. One entice thereinafter the Managing Entry) shall be responsible for PUD
monitoring until close -out of the PUD, and this entity shall also be
responsible for satisfying all PUD commitments until close -out of the
PUD. At the time of this PUD approval, the Managing Entity is Cirrus
Pointe Partners LLC. Should the Managing Entity desire to transfer the
monitoring and commitments to a successor entity, then it must provide a
copy of a legally binding document that needs to be approved for legal
sufficiency by the County Attorney. After such approval, the Managing
Entity will be released of its obligations upon written approval of the
transfer by County staff, and the successor entity shall become the
Managing Entity. As Owner and Developer sell off tracts, the Managing
Entity shall provide written notice to County that includes an
acknowledgement of the commitments required by the PUD by the new
owner and the new owner's agreement to comply with the Commitments
through the Managing Entitv, but the Managinq_Entity_ shall not be relieved
of its responsibility under this Section. When the PUD is closed -out, then
the Managing Entity is no longer responsible for the monitoring and
fulfillment of PUD commitments.
5.63 WATER MANAGEMENT
.. it I F . . -
5.63 WATER MANAGEMENT
l _ _
D. Lake setbacks from the perimeter of the RPUD may be reduced to twenty -
five (25) feet where a six (6) foot high fence or suitable substantial barrier
is erected.
5.7-4 UTILITIES
A. Water distribution, sewage collection and transmission and interim water
and/or sewage treatment facilities to serve the project shall be designed,
constructed, conveyed, owned and maintained in accordance with Collier
County Ordinance No. 04 -31, as amended, and other applicable County
rules and regulations.
GB. Although the site is entirely within the Collier County Water /Sewer District,
potable water is served by the City of Naples. Even though the site
contains a 4 -inch force main, it shall not be used to provide service unless
a hydraulic capacity report has been submitted and approved by the
County Public Utilities Division. In lieu of connection to the
aforementioned 4 -inch force main, connection to either the 12 -inch force
main on Bayshore Drive or 12 -inch force main on Thomasson Drive shall
be preferred.
5.95 TRAFFIC
17 0
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Solstice RPUD Revision 2 8 -7- -2013
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17 0
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Solstice RPUD Revision 2 8 -7- -2013
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A. The sole point of ingress /egress to the RPUD shall be onto Thomasson
Drive. No access shall be allowed on Bayshore Drive.
0 18
Words stRWE flueuO are deleted; words underlined are added.
Solstice RPUD Revision 2 8- 7 - -2013
. -
- -_ - -
- . -- -
- - MT.
moll
A. The sole point of ingress /egress to the RPUD shall be onto Thomasson
Drive. No access shall be allowed on Bayshore Drive.
0 18
Words stRWE flueuO are deleted; words underlined are added.
Solstice RPUD Revision 2 8- 7 - -2013
r
--
The developer has provided Collier County with
a right -of -way easement along a portion of Thomasson Drive for
intersection improvements. This conveyance is recorded in Official
Records Book 1090 Page 1697.
5.96 PLANNING
NRIVOWNFEMEM.I.M.1
z M-11
opplopq
NIFF-IMEAMTM. Mm
--
The developer has provided Collier County with
a right -of -way easement along a portion of Thomasson Drive for
intersection improvements. This conveyance is recorded in Official
Records Book 1090 Page 1697.
5.96 PLANNING
G. The deVel9peF Shall pay W of the GOStS, as deteFFRined by the BaysheFe
,
developmeat -plan.
A. All buildings, lighting, signage, landscaping and visible architectural
infrastructure 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 /wails to be erected on all of the subject parcels. Landscaping and
streetscape materials shall also be similar in design throughout the subiect
site. All roofs, except for carports, shall be peaked and finished in tile,
metal, or architecturally - designed shingles (such as Timberline).
B. A homeowner's association or similar entity will be established and will be
responsible for maintenance of common elements.
9 C. The project developer will provide each building with secured vehicular
and pedestrian entrances.
D. Within seven (7) days of the closina for each unit, the Developer or
successors, shall remit $2,962.96 to Collier County. This payment shall
fully satisfy the repayment of the former $320,000 grant which was issued
for acauisition of the subiect property for development of affordable
housing.
5.407 ENVIRONMENTAL
0 20
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0 20
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Solstice RPUD Revision 2 8- 7 - -2013
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A minimum of 25% of the on -site native vegetation must be retained. 7.25±
acres of native vegetation exists requiring_ preservation of 1.81± acres of native
vegetation. A minimum of 1.81 acres of preserve areas are required to be
provided on -site, emphasizing the largest contiguous area possible, as described
in Section 3.05.07 of the Land Development Code.
E17
of 22
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Solstice RPUD Revision 2 8- 7 - -2013
CRAIG R WOODWARD
B=d Certified W Ew4w
MARK). WOODWAIu)
Boma C:en;6ed Real LIUW
ANTHONY P. PIRES, JR
b„aatCcMbc -Ca C:wng;
and Local CKWnM71r
J CHRISTOPHER LOMBARDO
Bond Caa6od ImAnral
and Funny Law
ELEANOR W. IAri
Adnvcoedm Rhode hBar
OF Camel
WOODWARD, PIRES & LOMBARDO, P.A.
ATTORNEYS AT LAW
February 10, 2014
Board of County Commissioners Via Hand Delivery & Email
Collier County, Florida
3299 Tamiami Trail East, Suite 202
Naples, Florida 34112
Re: Agenda Item 10.13, February 11, 2014 Agenda; La Peninsula
Seawall Municipal Services Benefit District (MSBU)
ROBERT E. MURRELI Dear Commissioners:
Of Counsel
As you are aware from my presentation at your meetings of October
JENNIFERLDEVRIES 8, 2013 and December 10, 2013 concerning the above referenced MSBU, I
JENNIFER M TENNEY have been retained by the La Peninsula Condominium Association Inc., to
MATTHEW a FLARES represent it and provide assistance requesting that the Board of County
,. TODD MURREU Commissioners of Collier County adopt an ordinance establishing the
MSBU to fund La Peninsula seawall repairs and /or replacement.
Since the date of the establishment of the MSBU by Ordinance No.
2013 -70 (the "MSBU Ordinance"), a public petition was filed by a non -
resident of La Peninsula requesting that the County Commission reconsider
and repeal the MSBU Ordinance and the initial assessment resolution,
Resolution No. 2013 -292, that were adopted on December 10, 2013. The
reconsideration is scheduled to be heard as Agenda Item 10.13 on February
11, 2014.
1 have been authorized by my client to request that the Board of
REPLY TO:
County Commissioners not repeal or rescind either Ordinance No. 2013 -70
or Resolution No. 2013 -292 and the following are some of the matters that I
x❑ 320 TAMIAMISUIITE 200
will address on my client's behalf at the upcoming County Commission
NAPLES, FL 34103
239
meetin g' 9 with the recognition that additional matters and materials may be
-649 -6555
239 - 649 -7342 FAX
presented at the meeting.
606 BALD EAGLE DRIVE
SUITE 500
P.O. BOX ONNE E
We respect the recommendation of the County Attorney
p �7 that a
MARCO ISLAND, FL 34146
validation proceeding should be filed, later on in the process, as to the
239 - 642 -6402 FAX
MSBU purpose and financing. Nonetheless, in order to avoid waiting until a
later date to initiate and pursue a validation proceeding, my client has
Www.WPL LEGAL.�OM
authorized me to propose an alternative method for obtaining a "third party "
review of the issue that has been raised and asserted.
The alternative, less expensive and shorter process or mechanism
for having a review of the "public purpose issue" would be for the County
Commission to direct the County Attorney to request a formal Attorney
General's Opinion. On behalf of my client it is hereby requested that the
County Commission direct the County Attorney to request a formal
Attorney General's Opinion on the question as to whether the scope of the
proposed project, i.e. the repair and or replacement of the seawall at La
Peninsula within the boundaries of the MSBU, serves a valid public purpose
under Florida law.
Further, I have had an opportunity to review the on -line materials
associated with this agenda item and concur with the opinions of both the
County Attorney and Nabors Giblin & Nickerson that the creation of the
MSBU and its purposes are legally supportable and defensible. In addition
to the "public purpose" analysis contained in the agenda materials, I would
suggest that any analysis relating to the public purpose should also
recognize prior action(s) /program(s) of the County Commission authorizing
or using tax increment financing (TIF) funds, which are County funds, public
funds, to fund a portion of private seawall repairs in the Bayshore Gateway
Triangle CRA (see attached "A ", excerpts of materials, Shoreline
Stabilization Grant Program) as well as the well stated public purpose
rationale articulated by the City of Punta Gonda (see attached "131.
Thus it is requested that the Board of County Commissioners not
repeal or rescind either Ordinance No. 2013 -70 or Resolution No. 2013-
292, to allow the continued existence of the MSBU and your MSBU
Advisory Committee to address this public safety issue.
Sincere
/0, ly,
A r, /1,
Opp
J � eJr.�i -
APP/Ig
Enclosure(s)
cc w /encl: Jeff Matzkow
ATTACHMENT
"All
Before
Monday, February 10, 2014
After
http: //bgtcra.com/wp- conte... Page 1 of 1 7:13:47 AM
A •
: ❑I
COMMUNITY Rf Df V[ LOPM1N7 AGENCY
Memorandum
To: Finance
From: Sue Trone (suetrone Acollie _ ov.net / 643 -1115)
Date:
Re: Payment of Shoreline Stabilization Grant
The Bayshore Gateway Triangle CRA Board approved Shoreline Stabilization Grant 01/2008 for
Mrs. Mary A. Luedtke for her property located at 2854 Becca Avenue, Naples, FL 34112. The
local contact for Mrs. Luedtke is her husband, Mr. Randall Luedtke, who has her power of
attorney (attached). The grant was approved on May 27, 2008, item 16GL The total grant amount
to be paid is $5,000.
Please find the following documents attached for your review:
1. The executed CRA Agreement;
2. Signed and notarized Payment Request Form;
3. Cancelled checks for all payments to contractors for CRA- approved work; and
4. After photos as verification of work completed.
Please send Mrs. Luedtke a check for $5,000 to the following address:
2180 Snook Drive
Naples, FL 34112
Please deduct the reimbursement funds from Fund 187/138325/884200. Thank you.
BGATEWA
TRIANGLE
Ee
David L Jackson
Executive
Director
Jean Jourden
Project Manager
Sue Trone
Operation
Analyst
2740 Bayshore Drive, Unit 17 • Naples, Florida 34112
P: (239) 643 -1115 . F: (239) 775 -4456
www.colliercra.com
Mrs. Mary A. Luedtke
cw► Board
Mr. Randy Luedtke
Commissioner
6947 Madrid Drive
James N. Colette
Demotte, Indiana 46310
Commissioner
Fred W. Coyle
May 30, 2008
Commissioner
Donna Fiala
Chairman
Dear Mrs, and Mr. Luedtke:
Commissioner
Frar* Hales
This letter is being sent to you to notify you that your application for a Shoreline
Commissioner
Stabilization Grant was approved by the CRA on May 27th, 2008. I am enclosing a
Tom Henning
copy of the Agreement which specifies the terms of the grant. You may now
Advisory
commence work.
Board
Please note that you have been awarded $5,000 based on an estimated cost of
Chairman
Lindsey Thomas
$65,000 to repair your seawall at 2854 Becca Avenue, Naples, Florida 34112. You
Wca -chair
have one year to complete the work (May 27, 2009) and submit your Project
Jul Barry
Summary Report Form and Payment Request Form (this requires of all receipts,
Karen Beatty
cancelled checks, credit card validations to be attached).
Ron FovAe
Please call me with any questions.
Chuck Gunther
Maurice
Regards,
Gutierrez
Steve Main
William Mears
Bruce Preble
Sue Trone
Operations Analyst
cry► staff
David L Jackson
Executive
Director
Jean Jourden
Project Manager
Sue Trone
Operation
Analyst
2740 Bayshore Drive, Unit 17 • Naples, Florida 34112
P: (239) 643 -1115 . F: (239) 775 -4456
www.colliercra.com
mT m 10k1.
COPY2008 GRANT AGREEMENT
GRANT AGREEMENT BETWEEN CRA AND OWNER
FOR SHORELINE STABILIZATION IMPROVEMENT FOR
BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT AREA
THIS AGREEMENT ENTERED this 'day of ba 9 by and
between the Collier County Community Redevelopment Agen y (hereinafter referred to as
"CRA11) and M a ry A. l-ue d l- jL e, (hereinafter referred to as "Owner").
WITNESSETH:
WHEREAS, in Collier County Ordinance No. 2002 -38, the Board of County
Commissioners delegated authority to the CRA to award and administer CRA grants including
contracts with owners for CRA grants; and
WHEREAS, CRA Resolution No. 07 -55 established the Shoreline Stabilization
Improvement Grant; and
WHEREAS, Owner has applied for a Shoreline Stabilization Grant in the amount of
5, 000.0 0 dollars; and
WHEREAS, the CRA has determined that Owner meets the eligibility requirements and
was approved for a grant award in the amount of S, U o a - ° ° dollars on
YVA" "Al , MOW ("CRA Approval "), which is 8 % of the costs to
const the shoreline improvements.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and
other valuable consideration, the parties agree as follows:
1. Owner acknowledges to the CRA that Owner has received a copy of the Collier
County Community Shoreline Stabilization Improvement Grant Program (hereinafter referred to
as "Grant Program'), that Owner has read the Grant Program, and that Owner has had ample
opportunity to discuss the Grant Program with Owner's counsel or advisor. Owner further
acknowledges to the CRA that Owner understands and agrees to abide by all of the teams and
conditions of the Grant Program. Owner agrees to the terms and conditions of the Grant
Program.
2. Owner is the record owner of property described as Zg 6q ??e cca Av a, ""`k RAIAAiZ
3. Owner has agreed to make certain improvements to the property pursuant to the
grant application submitted to the CRA dated M aM (o a1r)K attached hereto as
Exhibit A and incorporated herein by reference.
4. Owner agrees to complete the construction of the Shoreline Stabilization
Improvements within one (1) year of CRA Approval. Owner also agrees to fund at least 50% of
the costs of the shoreline improvements.
Shoreline Stabilization Grant Agreement FY2008
2008 GRANT AGREEMENT
5. CRA has approved a grant to Owner in the amount of t S 10 0 0 . o o to be
administered pursuant to the terms of this Agreement based on an estimated cost of
% (A000 , o o _. If the actual costs are less than the estimated costs to constrict the shoreline
improvements and less than $5, 000, the grant amount shall be reduced dollar for dollar in
matching CRA funds as determined by ratio of matching private funds required.
6. Unless prior disclosure is included in the grant application, no Owner, or any
immediate relative of Owner, shall serve as a contractor or subcontractor for the construction of
the shoreline improvements and no Owner, or any immediate relative of Owner, shall receive
compensation for labor for the construction of the shoreline improvements. An immediate
relative of Owner shall include mother, father, brother, sister, aunt, uncle and cousin or family
member by marriage to include mother -in -law, father-in-law, brother-in-law and sister -in -law.
7. Owner agrees to obtain all necessary Corps of Engineers, Department of
Environmental Protection permits and submit any required plans to the County's Community
Development and Environmental Services Division. Upon completion of the work, Owner shall
submit to the CRA staff a project summary report, two (2) 8 x 10 after photos, a list of materials
and construction techniques used, a list of architects and/or contractors, and any other
information specific to the project or requested by the CRA staff. The CRA, tbrough its staff,
shall confirm that the shoreline improvements were constructed pursuant to the terms of the
application approved by the CRA.
8. Within forty-five (45) days after confirmation that the shoreline improvements
were constructed pursuant to the terms of the approved application, Owner shall be issued a
check in the amount of the grant. However, if Owner fails to make the improvements pursuant
to the terms of the approved application, or if the project is not completed within one (1) year of
CRA approval, or if Owner fails to fund at least 50% of the cost of the shoreline improvements,
the grant shall be deemed revoked and Owner shall be entitled to no funding.
9. This Agreement shall be governed and construed pursuant to the laws of the State
of Florida.
10. This Agreement contains the entire agreement of the pasties and their
representatives and agents, and incorporates all prior understandings, whether oral or written.
No change, modification or amendment, or any representation, promise or condition, or any
waiver, to this Agreement shall be binding unless in writing and signed by a duly authorized
officer of the party to be charged.
11. This Agreement is personal to Owner, and may not be assigned or transferred by
Owner or to Owner's respective heirs, personal representatives, successors or assigns without the
prior written consent of the CRA.
Shoreline Stabilization Grant Agreement FY2008 2
2008 GRANT AGREEMENT
IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year
first written above.
-T Z5�?�
Vi&esfi Signature
s64 r f rz j 05---
Printedf[yWd Name
(2) el
Witness Si
MnftdfI)qWNam
Approved as to form and
legal sufficiency:
OWNER(s
By. I -
):2-
-IJ-4 ,
- OU
Ramdal J-16nTlj- PL?A h1 ar A. �uE0t6lE
Printed/Typed Name
By:
Printed(I)Ted Name
COLLIER COUNTY CONDAUNITY
REDEVIETLO AGENCY
By:
. , �11.ALA., Chairman
4W# 01 FLOR11DA
30umy of COWER
$at I HEREBY CERTf7-Y THAT NO Is a ha
Ud
Xast _
721. flie In
,dff@ct c0PY Ot a cocument on,
MatJoACM. Student-Stirling BoArd Minutes and Reco s of
Assistant County Attorney NITNrss my h1knO and
'mod Of
WinE, 9ROf(,,K
-A.
Shoreline Stabilization Grant Agreement FY2009
1"
COPY
1641
-2�ZV dg
BAYSHORE G'TEW Y TRIANGLE
APPLICATION I
01 /2008
Mary A. Luedtke
2854 Becca Avenue
Naples, Florida 34112
r?
Memo w File
From: Sue Trone
Date: 05/07/2008
RE: Mary A Luaid&s Power of Attorney hold by Rumbd L I.uedtice
This Shoreline Stab7ization Grant is for a property in the name of Mary A. Lueddm Due
to a fancily emergency she is unable to sign the documents. Her husband, Mr. Randal J.
LuedtIM has her Power of Attorney and has signed the doaunents on her behalf The
following two pages verify the Power of Attorney.
2008 GRANT APPLICATION
SHORELINE STABILIZATION IMPROVEMENT GRANT PROGRAM
General Provisions
The Collier County Community Redevelopment Agency (CRA) created the Shoreline
Stabilization Improvement Grant Program to provide financial assistance to residential and
commercial property owners in the Bayshore(Gateway Triangle Redevelopment Area by offering
financial assistance for shoreline stabilization (rip -rap, bulkhead or seawall) improvement
projects. Improveenenta must be along one or more tides of the deeded property. All
improvements must meet the criteria listed below as well as the current requirements of the land
dayelopman code, budding code., construction kapections and permits, any applicable zoning
overlays, and permits from US Army Corp of Engineers, Florida Department of Environmental
Protection, and Collier County.
The CRA is funded by 'Tax Increment Financing ('ice), a capture of Collier County's property
taxes above the year 2000 property tax value. TIF is a unique tool that CRAB can use to leverage
public finds and to promote private sector activity on the shoreline:
• The Grant is a "limited" two (2) year program funded in fiscal years 2008 8t 2009
budgets. All approved applicants will have twelve (12) months to complete their project
from the date of Collier County Community Redevelopment Agency approval.
• For residential and commercial properties within the project boundary, the CRA will
provide up to 50% but not to exceed $5,000.00 of the cost of installation and/ or
maintenance of "RIP RAP," bulkheads and seawalls on subject property.
The funding awarded will be leveraged by the personal financial contribution made by each
applicant/property owner as well as the extent of' . ots to be made. All applications will
include two written proposals from qualified coartractors to complete the improvements, and all
required permits as required by Corps of Engineers (COB), Department of Environmental
Protection (DEP) and Collier County.
All proposed work must be approved before beginning any work. Grant funding is not
r+etreactive. All work nw.st be eompleied wWWW one yaw of approval by CWA. APPficants are
re dmd fo regraeft a meeting with staffPY for to salsnittal of application.
All shoreline work to be completed under this program must be:
• Reviewed and recommended for approval by the Bayshore Gateway Triangle C&A Local
Advisory Board,
• Pre - approved by any applicable county departments that would normally review awl
improvements, and
• Pre - approved by the CRA Board.
Eligibility: All property owners with parcels within the projecct area are eligible for grant funds
for installation and/or maintenance of "RIP RAP," bulkheads and seawalls. Properties must be
within.the Haldeman Creek MSTLT boundary and also within the Rayshore Gate,%-ay TriakWe
CRA boundary and abuuir% tidal c,ai,als itu tuding Haldrvuw Creak and its lrlbulmies. See
attached project area reap. Excluded areas are lakes, ponds, water retention areas, swales and
d—ni—nage. ditches.
ShaaeUne Stalftsfion bq mavemmt Grout FY2008
2008 GRANT APPLICATION
Project Evaluation:
All projects will be evaluated based spa the following:
• Possession of two licensed contractor bidslquotes
• Possession of required permits (Corps of Engineers, Department of Enviro�nental
Protection, and Collier County)
• Ability to fund and begin work immediately
• Ability to complete project within one year
• Remedy of code enfi)rcemcat problems
PROCESS
Step 1: Applicant must make application to:
First make application to the US Army Corp of Engineers for permit.
The offices fir this area are US Army Corp of Fagineers, P.O.Box 4970, 701
San Marco Blvd, Jacksonville, FL 32232-0019. Telephone: 904- 232 -2241,
Fax 904 -232 -1213. Application is available on line at WNYW.Lisace.arnly. mi it
After permit issuance by US Army Corp ofEngineers, applicant will contact the
Florida Department of Bnvi Protection and make application for permit.
Offices located at: FDEP, South District, 2295 Victoria Avenue, Suite 364, Ft. Myers,
FL 33902 -2549. Telephone: 239- 332 -6975. Application is available on line at
ww►u.dep. state. ti.us /water /wetlands/eri2 fgrms,l►r ui
Upon completion of permitting from US Army Corp of Engineers and Florida
Department of Environmental Protection application will be made to the Collier Couaty
Permitting Department located at 2800 North Horseshoe Drive, Naples, FL 34104.
• Note: Some local contractors will provide all permitting for the contracted job.
Additional fees could be applied to original estimate. Consult your contractor
Step 2:
• Shoreline Improvement Grant Application (all permits must be submitted with
application)
• Project Initiation and Completion Form
• Two 8 x 10 color photos of the cdating shoreline ("before photos)
• Sketch of proposed improvanents
• Submit two (2) wrritten estimatedquotes from qualified/licensed contractors
2008 GRANT APPLICATION
Step 3: CRA Staff and Advisory Board Review
• CRA staff reviews application and then places the application on agenda of next
Advisory Board meeting
• Advisory Board checks project to make sure it meets all grant criteria and
Redevelopment Plan criteria
• Applicant is required to be present at the Advisory Board meeting to answer any
questions that may arise during the review or to provide additional material if requested
• If project meets all criteria, the Advisory Board maloes a recommendation to CPA to
approve the application
• Grant fiunding is limited to a one-time application per parcel
Step 4: CRA Review and Approval
• CRA staff prepares Shoreline Stabilization Improvement Grant Agreement for the CRA
to review and approve
• Applicant signs Shoreline Stabilization Improvement Grant Agreement
• Application with Advisory Board recommendation and agreement placed on CRA aagenda
for review and approval
• CRA reviews Advisory Board recommendation and art dining regular meeting
and approves or denies project
Step 6: Project work
• Applicant begins work and completes same in twelve (12) months
Step 7: Project Completion and Submittal of Project Summary Report
• Upon completion of work and after all inspections have been completed to insure work
conforms to the wort that was proposed, applicant admits.
o Project Summary Report," including description of completed improvements,
two 8X10 color "after" photos, contractor invoices, lint of materials and
construction techniques used, list of contractors and any additional information
specific to the project.
• Notarized ` Tayment Request Form" and all materials receipts and/or canceled checks
as proof that all materials and contracted improvements have been paid
Step 8: CRA Staff Submits Project Completion Report for Payment
• CRA Staff visits site and documents improvements.
• CRA Staff ft wards Complexion Report and documents to County for payment.
Shordine Simon Impr wanait Grant FY2008
2008 GRANT APPLICATION
SHORELINE STABILIZATION IIVIPROVEMENT GRANT APPLICATION
Section 1: Applicant Information
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Legal Description of Site: �i o'• ola $ '�4�b 4 0 a �O 2yywer e
Daytime Phone: L2M ) &q$ - 3 �
Ahernate Phone:
E-Mail Address:
How tong have you owned this propeW a y e0,XS
Number of Years in Business at Site Address:
Occupational License Number:
First Time Shoreline Stabilization Improvement Grant Applicant? Yes ONO
If no, how many applications submitted?
Grant(s) awarded? Yea F� No
,310
Mwzd a SWbUiz dw hgxovement Grant FY2009 4
Page 1 of 1
Property Record Aerial Sketcha�
Current Ownerehlp
Folio 14ml 26630200006 1 P Addremal MU BECCA AVE
0WOW1102 LUEDTKE MARY A
6647 MADRID DR
DEMOTTE 81011111 IN 46310 - 2411
DEMERE LANDING LOTS 6 t 7
8111) No.
264100
DEMERE LANDING
1
SINGLE FAMILY RESIDEIfiIAL
111 14.1874
2007 Preliminary Tax Roll U t st Sales Histiory
(Subject to Change)
If all Vskm shown below equal 0 this
parcel was srsabd after Ow Final Tax Roll
Dais Book - POW Aaramt
0612006 $ M.000.00
0612000 $ 130 00
The Inlbrn atlon Is Updated Weakly.
http://www.coUierWpw'w.com/Rw=dDetail.asp?Map=&FolioB>-O 029830200006 9/4/2007
Collier County Property Appraiser
VM-SZE SMALL I VEU.UM I LARGE
Introduction
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Aerial Photography: January Urban - 2007 - Rural - 2007
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za
sale
OF
httv:Il maps. collierappraiser. com /webmav/Map2.aspx?msize= S&folio= 29830200006 9/4/2007
2008 GRANT APPLICATION
Section 2: Project Information
ATTACH "BEFORE" PSOZW AT LEAST Two 8MO cam PHows, Omw mAY BE
ADDED 70ACICURlTLPLYDE CRW TRESITE).
Outline Proposed Improvements in Detail (attach additional sheets if necessary):
List Materials to be Used and Construction Methods to be Utilized (i.e. Slope, type of rock,
underlayment, bulkhead type, etc) (attach additional sheets if neogmy):
664, VA )
Yi.,. 7 .; C-rn, ;6 C!�.4�
ti
Uhl
Vs
dio
sill
"k A f,
1,311
ok
kff,, It
IV.
as
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pr
�71
NI
jl
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2008 GRANT APPLICATION
Section 3: Project Cost Information
Estimated Project Cost:
• ALL WORK TO BE COMPLETED BYA LICENSED CONTRACTOR
• APPLIG 47IONMUSTBAVBATLBASTTWO(2) WW77ENESTIMATBSOR
QUOTBSATTACl9BD TO TSBAPPLIG4TYON
•
COPMOFFLORi]DNCOLLLgRCOUN77CONTRAC7VRSLICZWMAND
COLLIER COUNTYOCCUPAT7ONAL LICENSE MUST BEATTACZM TiO
ESTIAIATBS/QUOM
Estimated Requested Rom CRA S 9/ 600 1 0 0
(up to 5066 of the total project cost (bulkheads, seaws4 rip rap, installation and/or repairs onlyl
Up tR, but not exceeding $5,000.)
COPIES OF ALL RACMI B AMYOR CULBD COW WILL BS RBQUEM LMV PROJECT
COMPIMON AS PROOF THAT ALL lMMUAL4 AND CONTRACTED IMPROYBjW= BAYS BBBN
PAIR NO RSIMBURSBMB f WILL BB MADE BY TBN CRA CWM ALL RECEIPTS ANDIOR CANCELED
CR FMHAVBBBBNRBCEIVBDAND VARU MD.
YoRCRAUn ONLY
Total Estimated Project Cost: 0 65;1000"00
Request from CRA: W �;,( D 0 0. 6 0
$7 Percentage of Total: 7-
rim.)
Dee
Dtft
s /F /a $'
3h=Hw SWNIkWm Tmptovema t QM FY2M 6
2008 GRANT APPLICATION
PROJECT INITIATION AND COMPLETION FORM
(to be snbmifed with Shoreline Stabilization Improvement Grant Applicadon)
I, m oa +. Cued+ , owner of the property looted at
A%W 'Hzzc# -AUf UA4asTU bave the fimding and capability necessary to begin the
shoreline improvements listed under Section 2 of the completed Shoreline Stabilization
Improvement Grant application and have the ability to complete all improvemrois within one
year of the approval of the Shoreline Stabilization Improvement Grant by the Collier County
Community Redevelopment Agency.
Signature of Owner
NOTARY
STATE OF: �D
COUNTY OF: _p ► PLA
RM
The foregoing Owner Authorization F as maded before me this rP day of
200 by d4kg owner of the property located
who:
is personally known by me
OR 3sp 0
who has produced t� L i0 ado C I as proof of identity.
Afi'nc notary seal
xoTi�nr
@)=PU,r #DD501305
B:pfim DBC. 21, 2009
Da ffioercetazcsamMCa.nec
SLorMM Sfa W1 zatiM Impivem=t Gad FY2008
A J--,w C,
Wfaiy Public ignatun�e)
Print Name f�Notary Public
Commission No:
My Commission expires:
M=YL=d
2834 Seas
S. Naples, Pi
235-3 -3707
D. S. L General Contractors, Inc., T/A Dock Savers
TIA Dockswas
1417 S$ 47th Ter.
Cape Coral, FL 33904
Phone: 239 -1676
ftc 239x42 -803
License * CGC1311928
&91* all mntoftb for the wooing
s�aAw TO INCLUDE RENOVAL OFEWTI iG SEAWAiL AND DW.
1. Ind ell 47 c smwall wft IV x 5'x 6' cmcrele slabs.
To imdudw All labor sod mdukk W install seeaxtl.
Cop and ddx dw slog 4000 psi conpats mod epmW oomted mbar.
@Ilidih - od W hrs tho jobd%ibrb*ckMlnSmod umft,
>-�if .
LIFT ri am-
1. > repisoa exietag li$.
2. Inimll (4I w p9hw Alt pii'mp to be (2 5cW psmsam treated piliAW
3. Wrap pflinp with S blade polywagL b WlWad with 1 V2" STAMBSB STWL
Dada. i
DOCK: �, X 30' TO INCA WE:
1. Install 8" npeu ~ sa mended fbr new dock
2. Install 2" 80(60com) ram& awn psmmm a ttuetod hashing and abiaSas. MOW] with
20D Id1>O and ill" t bolts.
3. Imba r x6"iaugW ilwWog wltt 3" STAINl= SPIIBI. ms+ews.
4. Cons mcW a mom dl debrla f ompupuly and main ain a cbaa wodcdie.
s, I ci inwraaoe supplied upon m pat. (091.dtfl)
6. D wid pol ell sod pep►13Dr ari neoeagty pens>its.
7. Cmtamer pay all sad en�iaeednS ifeem and a� Deeded s work
8. All and my Idectried and Pmibing lobe done by art bwL
HOLD cx AIm
Owner spur bold boob , . harmim for may damage to swimming pw. mdogound nfidM
apriddeu mod Daelhsti = apes W we doe dilipum to all snout of work pwftn ed.
I owbosping sod ropiaoemma m rucnaia ampowl f11t► of the omw.
DID
000
Seawall peals �be poomM to =&mL IP wrk is eaaooWed 000te= to bdn is &fhcu t ogoiptnahI
topameWddl! t4m mdc ibr apqWftmftlwsn sdd'dnd $MAO perhow.
VERS WILL BEAT OR MATCH ANY COMPETITORS PRICE
D. S. Y. General Contractors, Inc., T/A Dock Savers
T/A Docbu=
1417 3E 47th Ter.
Cape Coral, FL 33904
Phone: 239.898.1676
Fax: 239.542.6803
Llama 4 COC1911928
b tY laiea9oe
1834 Do= A
S. Naples, PI
139 -398 -3707
PAYMENT
sS,000.00 With contra
1/3 0= hat8e
113 am@ panels hmtelb&
Balance upon ogmpledm
TOTAL . ......... I ............... .. .............. .. ... ...... ...
�...... ........__...........S65.D00.04
1?/-Wfj
VERB WILL BEAT OR MATCH ANY COMPETITORS PRICE
o
v
� N
r
.Ct
I
D. S. L General Contractors, Inc., T/A Dock Savers
T/A Dodmwm
1417 SH 47th Tec.
Cape Coral, PL 33904
Phone: 339 -898 -1676
Flee 239- 342.6803
License d CGC1Si1928
TROPOSAL
Ran kdt+ Liu"kt�
2854 SO= Ave
S..Vt aplu, Bl i
239-3M3707
Suppl3+an andmaterWa for the ftsltowbW
SKAWt U VKXAMB RBWVAL opmas3'm SEAWALL AND INSTALL NSW.
1. lydsall 4 of saaa►ali ndg ;10' x s' x 6' oamckete Babe.
To twJu le: All labor and n@tmrida to install seapiall.
Cap and tiebacks =I ng 4,000 pal cmw to and epoxy coated reW.
Fill dirt la►nled to the Jabdte for ba"Mug and grading.
Rip-ft tf mquhW.
LIFT Alm Pum a&
1. Removo and mpiaoe ex bft mL
2. Taman (M TO" lift piliam AJl piliGp to be (2.saca) pcewun wmdW pe'liogs.
3. W. pilings with S bladk poly wrap, Inetalkd �ehh 1 IR" STAINLESS 3TBSI.
DOCK: 9 X 30' TO INQ.UDE.,
1. 412OK02" paliop as ne8dadibt ww doCL
2. G60og1 rough man paaadne tkrated headers and sbriopm IndaD with
ls and 1R" arrays bola.
3. '7amyda(e" dec kigg with 3" STAII UZU STEEL, somwa.
4. rown aU ddwh bom omperly and aadasin a ciao wo�ite. 3. pe &Vm of insurance supplied neon rsgaat(tIl.6tM
6. ll pull dl andpay ix all neaem q pemdts, 7. y ail and any mgineeri g *w and wV needed smv�ey wank. & ctrled sad pbmbbog to be done by others,
HOLD CLAUSE:
Owner agoras hold DadWoeks hamdlm Rx may dsomp to pw. uadergtowW wMtia,
VdDMM I p6f ft and replacement to rennin lo use des of dw doe in all arms d nark petftaded
rapo�ilib of tLe owns:
SCOMPIDelmobopounMiDahmL If rock is awouMcmd ao l i d, to bring is diet up*nmt
iim psopsc haft Exam adMood $395.00 per boor.
VER4 WILL BEAT OR MATE ANY COMPETITORS PRICE
D. S. L. General Contractors, Inc., TIA Dock Savers
T/A Dooimam
1417 BE 47th Ter.
Cape Coral, FL 33904
Phanec 239-06 -1676
FM 239-304803
Lioeaae 6 CGMS11928
PROPOSAL
2834 So= Ave.
S N"kk m
239. 398-3707
PAYMENT BQHMN]Lg;
S5.000,00 wh6 signed o caa
1/3 ovm bwp arrim
113 once panelr mb ImMiled.
Balsnoe Va oampledcm,
"AVERS WILL BEAT OR MATCH ANY COMPETITORS PRICE
i
CA anon -1 w --
2008 GRANT APPLICATION
PAYMENT REQUEST FORM (PROJECT COSTS)
/
(Attach all receipts, invoices and/or cancelled checks)
On 5 ! ° jam 0 ° the Collier County Community Redevelopment
Agency approved a portion of the following improveaaents (50% of the total up to $5,000) to be
fimded ftough the Shoreline Stabilization Im vement Chant Pro
Improvement Cost
WKS7000-00
Total �a o , Id
COPIES OFALL RBCSIPTSAAMR C9NCURD CSEC&S WILL BE REQUIRED UPON
PROJECT COMPLIMONASPROOFTHATALL MATBRULSAADD CO1yT UCMD
AWROVBIIMM HAVE BBBNPAML NORSAIBUBSBMBNT WILL BBMADBBYTHE CX4
UNTIL COPIBSOFCBRTIFIClTB OF 0CCVPANCYHASBMWSUBM17M
I hereby confam that all items listed above have been completed as per the Shoreline
Stabilization Improvement Chant application submitted to the CRA and authorized by the
Tbarefore, I am requesting the approved funding in the total amount of $ , , 0 d d `-' 0
as approved by the CRA.
The foregoing Payment Request Form was executed before me this O day of
C. 2009 by
owner of the property located at / Z who:
is personally known by me
OR
who has produced as proof of identity.
Affix notary seal
FJMV PMC41TATS (W FLOW
Garda
*C=04x0DD%1=
&ph= DEC. 21, 2009
W==VMLMWB nMwco.=
I 1rAw,:zRWA;*ZA1ri lNw
Print Name of Notary Public
Commission No:
My Commission expires:
Owndim Stabilizstim Improvement Groat FY2008 9
2008 GRANT APPLICATION
PROJECT SUMMARY REPORT FORM
(Submit after project completion)
ATTACS "Amm" PHoms (INmmm AT LsA&T TWO 8X10 COLOR PHoT og
07ZW S MAY RE ADDED TO ACCURAMY DESCRIBE 27M SHORELINE
List MaterWs and Construction Metkode used, espedally if unique medxmb were
necessary to preserve or enhance some aspects of the improved site (attach additional sheets
if necessary►): ,
Contact Information for Contractors Involved to Provide Proper Credit
Provide any other important information specific to the project. All projects will be listed in the
annual project report of the CRA so details and noteworthy information about the project is very
critical. ', '
Owner Signature
Date
shoreline SWnTmadm b*mvenmW GrW FY2W8 8
ri
�:.jUNTY
ITEM NO.: 0 4k of V ,}M:
FILE NO..
ROUTED TO: G 9-1 /v ` ? D Q [ I- 7
DO NOT WRITE ABOVE THIS SPACE (Orig. 9)89; Rev. 6/97)
REQUEST FOR LEGAL SERVICES
(Please type or print)
Date: 05/07/2008 To: Office of the County Attorney, Attn: M. Student-Stirling
From: Sue Trone Operations Analyst
(Nam) (Title)
CRA Bayshore Gateway
(Division) (Department)
Telephone # (Ve a Important): 643-1115
Re: Shoreline Stabilization Grant application for Mary A. Luedtke for her property at
2854 Becca Avenue.
(Subject)
BACKGROUND OF REQUEST/PROBLEM:
(Describe problem and give background information - be specific concise, and arij qlLate.,
This Shoreline Stabilization Grant (SSG) is for a property in the name of Mary A. Luedike. She was unable to come here
to sign off on the documents due to an on -going family emergency In Indiana; therefore, her husband, Randal J. Luedtke
POAfor her. Mr. Luedike has Power of Attorney for Mrs. Mary Luedtke and I am enclosing the documentation of the
(Are there documents or other Information needed to review this matter? 7ryes, attach and reference this information.)
This item has/has not been previously submitted. A (If previously submitted provide County Attorney's Office I& No.) ,�
ACTION REQUESTED: �� J
(Be very specific. Identify exactly what you need in the way of legal services.)
1 need to get this into Nom by MAY 15, 2008. I want to get this on the May 27 agenda.
Please review and sign the agreement. Call me when ready and I will pick it up.
OTHER COMMENTS:
Thank you.
cc: David Jackson
(AD requests must be copied to your appropriate Division Head or Constitutional Officer.)
`alQ(v8 -�jl 1wu
Agenda Item No. 1664
February 24, 2009
Page 1 of 16
EXECUTIVE SUMMARY
To approve and execute Shoreline Stabilization Grant Agreement(s) between the Collier
County Community Redevelopment Agency and a Grant AppHcant(s) within the Bayshore
Gateway Triangle Community Redevelopment area. (2772 Riverview Drive)
OBJECTIVE: To approve and execute a Shoreline Stabilization Grant Agreement(s) between the
Collier County Community Redevelopment Agency (CRA) and a Grant Applicant(s) within the
Bayshore Gateway Triangle Community Redevelopment area (2772 Riverview Drive).
CONSIDERATIONS• Annually, the Community Redevelopment Agency's Shoreline
Stabilization Grant Program is funded at a level that satisfies existing grant obligations from prior
fiscal years and future grant opportunities. The purpose of the grant program is to provide an
incentive to revitalize the area by providing a matching grant to encourage the private sector to
upgrade/rehabilitate the shoreline of waterfront property. The grant requires applicants to provide
a project cost-match of at least 50% with the remaining project dollars supported by Tax
Increment dollars generated from the CRA District For FY 09, a total of $320,000 is budgeted for
all grant programs. From this allocation, $302,500 is available for new projects and $17,500 is
committed and due to previously approved applicants upon satisfaction of all grant stipulations.
The Shoreline Stabilization Grant application submitted by William C. King, owner of the
property at 2772 Riverview Drive, Naples Florida, 34112 was recommended for approval by the
Bayshore/Gateway Triangle Community Redevelopment Local Advisory Board.
LEGAL CONSIDERATIONS: This item has boon reviewed by the County Attorney Office and
is sufficient for Board consideration and approval. This item is not quasi-judicial and therefore
no ex parte disclosure is required. This item requires a simple majority vote. (MMSS)
FISCAL IMPACT: Sufficient budget exists within the FY 09 Bayshore Gateway Triangle Fund
(187) to satisfy this new grant application A Shoreline Stabilization Grant may fund up to 50% of
the applicant's project cost up to a ceiling of $5,000. This shoreline stabilization project totals
$28,405.00 and the grant request is $5,000 which is 17% of the estimated project cost
GROWTH MANAGEMENT IWACT: Policy 4.7 of the Future Land Use Element of the
Growth Management Plan states that redevelopment plans may be developed for specific areas
within the County, inchiding the Bayshore Gateway Triangle CRA that may consider alternative
land use plans, modifications to development standards, improvements to infrastructure and
incentives to encourage redevelopment.
RECOMMENDATION: That the CRA Board approves and authorizes for execution the
Shoreline Stabilization Grant Agreement between the Community Redevelopment Agency and
William C. King, owner of the property at 2772 Riverview Drive, Naples Florida, 34112 in the
amount of $5,000.00.
h epw W d
by-
Sue Trone on February 10, 2009
Operations Analyst, Bayshore/Gateway Triangle Community Redevelopment Agency
- 1 -
Agenda Item No. 1605
February 24, 2008
Page 1 of 14
EXECUTIVE SUMMARY
To approve and execute Shoreline Stabilization Grant Agreement(s) between the Collier
County Community Redevelopment Agency and a Grant Applicant(s) within the Bayshore
Gateway Triangle Community Redevelopment area. (2736 Riverview Drive)
OBJECTIVE: To approve and execute a Shoreline Stabilization Grant Agreement(s) between the
Collier County Community Redevelopment Agency (CRA) and a Grant Applicant(s) within the
Bayshore Gateway Triangle Community Redevelopment area (2736 Riverview Drive).
CONSIDERATIONS: Annually, the Community Redevelopment Agency's Shoreline
Stabilization Grant Program is funded at a level that satisfies existing grant obligations from prior
fiscal years and future grant opportunities. The purpose of the grant program is to provide an
incentive to revitalize the area by providing a matching grant to encourage the private sector to
upgmde/rehabilitate the shoreline of waterfront property. The grant requires applicants to provide
a project cost-match of at least 50% with the remaining project dollars supported by Tax
Increment dollars generated from the CRA District. For FY 09, a total of $320,000 is budgeted for
all grant programs. From this allocation, $302,500 is available for new projects and $17,500 is
committed and due to previously approved applicants upon satisfaction of all grant stipulations.
The Shoreline Stabilization Grant application submitted by William C. King, owner of the
property at 2736 Riverview Drive, Naples Florida, 34112 was recommended for approval by the
Bayshore/Gateway Triangle Community Redevelopment Local Advisory Board.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney Office and
is sufficient for Board consideration and approval. This item is not quasi-judicial and therefore
no ex parte disclosure is required. This item requires a simple majority vote. (MMSS)
FISCAL EWPACT: Sufficient budget exists within the FY 09 Bayshore Gateway Triangle Fund
(187) to satisfy this new grant application. A Shoreline Stabilization Grant may fund up to 50% of
the applicant's project cost up to a ceiling of $5, 000. This shoreline stabilization project totals
$28,470.00 and the grant request is $5,000 which is 17% of the estimated project cost.
GROWTH MANAGEMENT DIPACT: Policy 4.7 of the Future Land Use Element of the
Growth Management Plan states that redevelopment plans may be developed for specific areas
within the County, including the Bayshore Gateway Triangle CRA that may consider alternative
land use plans, modifications to development standards, improvements to infrastructure and
incentives to encourage redevelopment.
RECOMMENDATION: That the CRA Board approves and authorizes for execution the
Shoreline Stabilization Grant Agreement between the Community Redevelopment Agency and
William C. King, owner of the property at 2736 Riverview Drive, Naples Florida, 34112 in the
amount of $5,000.00.
Prepared by.
Sue Trone on February 10, 2009
Operations Analyst, Bayshore/Gateway Triangle Community Redevelopment Agency
-1-
ORDINANCE NO. 0& 61
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NO 2002 -38, AS AMENDED,
THE COLLIER COUNTY REDEVELOPMENT GRANT
PROGRAM ORDINANCE, PROVIDING FOR:
ESTABLISHMENT BY ORDINANCE OF A MODIFIED
SWEAT EQUITY GRANT PROGRAM; ESTABLISHMENT
BY ORDINANCE OF A MODIFIED _ SHORELINE
STABILIZATION GRANT PROGRAM; PROVIDING FOR
THE ESTABLISHMENT OF THE NEWLY CREATED
LANDSCAPE IMPROVEMENT GRANT PROGRAM;
PROVIDING FOR THE ESTABLISHMENT OF THE
NEWLY CREATED COMMERCIAL BUILDING
IMPROVEMENT GRANT PROGRAM; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, on March 14, 2000, the Hoard of County Commissioners (BCC) adopted
Resolution No. 2000 -83 creating the Community Redevelopment Agency of Collier County,
Florida (CRA); and
WHEREAS, on March 14, 2000, the BCC adopted Resolution No. 2000 -82, which
established and described the Bayshore/Gateway Triangle Community Redevelopment ArmApd
the Immokelee Community Redevelopment Area; and
WHEREAS, on June 13, 2000, the BCC adopted Ordinance No. 2000 -42 estaNishing:ibe
Redevelopment That Fund which appropriated "incremental tax revenues" for minnitaiity ' 2
redevelopment purposes; and
WHEREAS, on June 13, 2000, the BCC aPproved Resolution No. 2000 -181 adopting a
Community Redevelopment Plan for the "Community Redevelopment Area," which included the
Words AdMilmd are added; Words Wmak dweugh are deleted.
Page 1 of 6
Bayshore/Gateway Triangle Community Redevelopment Area and the Immokalee Community
Redevelopment Area; and
WHEREAS, on July 30, 2002, the BCC adopted Ordinance No. 2002 -38, the "Collier
County Redevelopment Grant Program Ordinance" creating a Site Improvement Grant aid
Impact Fee Assistance Chant for the Bayshore/Gateway Triangle Community Redevelopment
Area; and
WHEREAS, on March 13, 2007, the CRA approved Resolution No. 2007 -55 creating the
Shoreline Stabilization Improvement Grant Program and Sweat Equity Improvement Grant
Program as amendments to the Site Improvement Grant Program originally established by
Ordinance No. 2002 -38; and
WHEREAS, the Bayshore/Gateway Triangle CRA desires to establish a modified Sweat
Equity Improvement Grant Program for the Bayshore/Gateway Triangle Community
Redevelopment Area by ordinance; and
WHEREAS, the Bayshore/Gateway Triangle CRA desires to establish a modified
Shoreline Stabilization Grant Program for the BayshoWGateway Triangle Community
Redevelopment Area by ordinance; and
WHEREAS, the Bayshore/Gateway Triangle CRA desires to encourage local area water
conservation and to discourage landscaping with invasive pest plants within its CRA boundaries
by creating the Landscape Improvement Grant Program to provide financial and technical
assistance for residential landscape improvements and general area beautification; and
WHEREAS, the Bayshore/Gateway Triangle CRA recognizes that representatives of
businesses located within its CRA boundaries have expressed interest in improving commercial
buildings but the cost of such improvements have prevented them from doing so, and as an
Words undadjumd are added; Words s6rak dwev& are deleted.
Page 2 of 6
incentive to commercial redevelopment desires to create a Commercial Building Improvement
Grant; and
WHEREAS, upon request of the Bayshore/Gateway Triangle CRA, the BCC desires to
amend Ordinance No. 2002 -38, as amended, in order to re-establish by ordinance the Sweat
Equity Improvement Grant Program and the Shoreline Stabilization Grant Program and to
establish a Landscape Improvement Grant Program and Commercial Building Improvement
Grant Program within the Bayshore/Gatnmy Triangle Community Redevelopment Area using a
portion of the funds in the Redevelopment Trust Fund.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
CO1VIIvIISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Tick and Citation.
This Ordinance shall be known and cited as the "Collier County Redevelopment Grant
Program Ordinance ".
SECTION TWO: Annual Appropriation.
The Board of County C shall annually, during its budget process, allocate
funding for grant programs from the Redevelopment Trust Fund for the community
a clopnient area. The Board of County Commissions, in its discretion, may adjust the
amount allocated for grant programs at any time during its fiscal year.
SECTION THREE: Adoption of Site Improvement Grant sad Impact Fee Anistsace
Grant Programs.
The Site Improvement Grant and Impact Fee Assistance Grant programs are hereby
adopted. A copy of said programs are annexed to this ordinance and adopted and made a part of
Words underlined are added; Words wwk doom& are deleted.
Page 3 of 6
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SECTION P0 EIGHT: Adoption of the Facade Grant Program for the Immokalse
Co unity Redevelopmoat Area.
The Facade Chant Program for the Immokslee Community Redevelopment Area is hereby
adopted. A copy of said program is annexed to this ordinance and adopted and made a part of
this ordinance by reference. This Facade Grant Program may be amended by resolution of the
SECTION FM =: Admiaistntba by CRA.
The Board of County Commissioners delegates the administration of the grant programs to
the CRA including, but not limited to, selection of recipients, contracting with owners and
contract enforcement. The CRA shall approve all applicants for funding after the Board of
County Commissioners allocates grant program funding for each fiscal year. The recipients of
any grant funds shall be required to execute an agreement in a form approved by the County
Attomey's Office for legal sufficiency and approved by the CRA.
SECTION SM Ul: Couffid and Severability.
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. 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
Words wdsdind are added; words sou k dwevo are deicted.
Page 5 of 6
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION S9VM ELEVEN : Inclusion in the Code of Lmvs and Ordismees.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida The sections of the Ordinances may be renumbered or
re- lettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION WG1fR Vim: Effective Date.
This Ordinance shall take effect upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this #71 day of D dy 110- M.
ATTEST:
D I & BROCK, Clerk
..
•4% t as � ,' bites Clerk
$ txti;;- ' A.9
Approved as to form and
legal sufficiency:
Mm4c& Student- Stirling t
Assistant County Attorney
BOARD OF COUNTY CONMIISSIONERS
COLLIER COUNTY, FLORIDA
This oodkwnce filtd with th's
Vtory of St Offitti!1
dw of ...,..�J
and «knowte+d4�yr�^,w of that
Hli Wed,DLid�D dvY
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Words are added; Words skmak &me* are deleted.
Page 6 of 6
EXHIBIT B
L
Shoreline Stabilization Grant Program
The Shoreline Stabilization Grant (SSG) Program is a redevelopment initiative funded
and administered by the Bayshore Gateway Triangle Community Redevelopment Agency
(CRA) as partial reimbuasemerrt for installation or repair for shoreline stabilization
improvements such as rip -rap, bulkheads, or seawalls.
Overview of the Program
The CRA encourages everyone with property located on Haldeman Creek to nuuntain a
stabilized shoreline, slowing the rate of sedimentation in the canals. Owners and tenants
of residential and commercial properties along Haldeman Creek within CRA boundaries
are eligible to receive SSG funding for shoreline improvements. The SSG Program fiords
only installation of or repair to rip- rap, bulkheads, or seawalls. Grantees are required to
contribute a minimum of 50 percent of project costs with a maximum award of $5,000.
Grantees have twelve months from the date of CRA approval to complete shoreline
improvements. All improvements must be approved by the CRA before grantees
commence improvements—no funding will be awarded for work commenced prior to
CRA approval. Funds are disbursed after the completed improvements are approved by
CRA staff as reirrrbursement.
Applkaat MWbift
Owners and tenants of residential and commercial properties on Haldeman Cn & may
apply for SSG fimdmg. Properties (" property" is defined by parcel ID number through
Collier County Property Appraiser) receiving SSG finding for improvements are eligible
for only one award for the life of the program.
Bids for Work
Grantees must obtain a minimum of two cost estimates from contractors listed in the
Collier County database of actively licensed marine seawall and dock construction
contractors which can be found online at bgp;it os2 .co11iagW.net/webaousMsion/Con
Cert/default.asttx. Bids from contractors not listed in this database will not be accepted
for the SSG program. No funding will be awarded for "do-it yourself' improvements or
to subcontractors. The amount of the grant will be determined by the lowest bidding
contractor for each improvement though grantees may actually use any licensed
contractor from the database.
Permitting
Most contractors handle permit applications and the CRA strongly encourages grantees to
give careful consideration with regard to permitting. Applicants who wish to procure
permits on their own must fast apply through the US Army Corps of Engineers at P.O.
Box 4970, 701 San Marco Boulevard, Jacksonville, Florida 32232. Applications are
available online at www.uswe.A=.mil.
MI&
Afar obtaining the appropriate permit above, applicants must apply for a permit through
the Florida Department of Environmental Protection: FDEP South District, 2295 Victoria
Avenue, Suite 364, Fort Myers, Florida 33902. Applications are available online at
www.deo.state.tl.ua /water /wetlsnds/eroJforms.htm.
Upon receiving the above two permits, applicants must apply for a permit from the
Collier County Permitting Department at 2800 North Horseshoe Drive, Naples, Florida
34104.
Project Requirements
E ft%k Acdvides
Only the bstallation of or repair to rip -nap, bulkheads, or seawalls is eligible for SSG
funding under this program. No portion of SSG grants may be used to reimburse the
grantee for construction of or repair to docks or other related amenities. Grantees who
wish to oor�rerct improvements not funded through this program are encouraged to
inquire about other grant programs offered by the CRA.
Required Does Matioa for Rehabur sovat
Grant funds are disbursed afar CRA staff verify that the improvements are complete (this
includes review of necessary permits). To receive reimbursement, grantees must prove
that payment for the work was paid DIRECTLY to ACTIVELY LICENSED
CONTRACTORS LISTED IN THE ABOVE DATABASE by personal check or credit
card in the name of the grantee. Under no circumstance will payment to subcontractors or
unlicensed contractors be reimbursed. Grantees must provide receipts or invoices with
the payment amount clearly indicated clearly along with cancelled checks and/or credit
card validations. No reimbursement will be disbursed for work paid for with cash.
Change Orders and Time Extensions
Change Orden to Increase Funding
Afar the SSG agreement is executed, if a grantee discovers previously undiscovered
flaws in the shoreline a change order may be issued to increase funding not to exceed the
maximum award available. Change orders must be requested in time for staff to process
the request and secure approval. IMPORTANT: Change orders carmot be processed
within the last two weeks of the grant period.
Time Exteaskm
The CRA understands that redevelopment projects can take more time to complete than is
originally anticipated. For grantees who cannot complete their projects within one year,
time extensions may be granted. Grantees needing extensions must request the within two
months of grant expiration. No extensions can be granted within the last two weeks of the
grant period. EWMRTANT: Grantees must verify that some activities associated with
the improvements have been performed at least six months afar execution of the
agreement-
2
ATTACHMENT
WHY ARE SEAWALLS IMPORTANT?
Seawalls perform multiple functions, all of which are important to property owners
and to the City of Punta Gorda. The most important function is to protect private
property from loss of land mass into the water due to erosion from drainage and
wave action. Seawalls also serve navigational purposes by maintaining the proper
water depth in a canal system. Another function is the seawall delineates the
boundary between private property (the owner's land) and public property (the
water which covers sovereign lands of a government entity). The seawall also is
used to define the width of a waterway for dock and boat permitting. A properly
maintained seawall will contribute to the stability of neighboring properties, provide
structural support to roads and bridges and add to the value of the property.
7
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125.01 Powers and duties. —
(1) The legislative and governing body of a county shall have the power to carry on county government.
To the extent not inconsistent with general or special law, this power includes, but is not restricted to, the
power to:
(q) Establish, and subsequently merge or abolish those created hereunder, municipal service taxing or
benefit units for any part or all of the unincorporated area of the county, within which may be provided
fire protection; law enforcement; beach erosion control; recreation service and facilities; water; alternative
water supplies, including, but not limited to, reclaimed water and water from aquifer storage and recovery
and desalination systems; streets; sidewalks; street lighting; garbage and trash collection and disposal;
waste and sewage collection and disposal; drainage; transportation; indigent health care services; mental
health care services; and other essential facilities and municipal services from funds derived from
service charges. special assessments, or taxes within such unit only. Subject to the consent by
ordinance of the governing body of the affected municipality given either annually or for a term of years,
the boundaries of a municipal service taxing or benefit unit may include all or part of the boundaries of a
municipality. If ad valorem taxes are levied to provide essential facilities and municipal services within
the unit, the millage levied on any parcel of property for municipal purposes by all municipal service
taxing units and the municipality may not exceed 10 mills. This paragraph authorizes all counties to levy
additional taxes, within the limits fixed for municipal purposes, within such municipal service taxing
units under the authority of the second sentence of s. 9(b), Art. VII of the State Constitution.
(w) Perform any other acts not inconsistent with law, which acts are in the common interest of the
people of the county, and exercise all powers and privileges not specifically prohibited by law.
170.01 Authority for providing improvements and levying and collecting special assessments against
property benefited.—
(1) Any municipality of this state may, by its governing authority:
(f) Provide for the construction or reconstruction of seawalls;
197.3631 Non -ad valorem assessments; general provisions.— Non -ad valorem assessments as defined in
s. 197.3632 may be collected pursuant to the method provided for in ss. 197.3632 and 197.3635. Non -ad
valorem assessments may also be collected pursuant to any alternative method which is authorized by
law, but such alternative method shall not require the tax collector or property appraiser to perform those
services as provided for in ss. 197.3632 and 197.3635. However, a property appraiser or tax collector may
contract with a local government to supply information and services necessary for any such alternative
method. Section 197.3632 is additional authority for local governments to impose and collect non -ad
valorem assessments supplemental to the home rule powers pursuant to ss. 125.01 and 166.021 and
chapter 170, or any other law. Any county operating under a charter adopted pursuant to s. 11, Art. VIII
of the Constitution of 1885, as amended, as referred to in s. 6(e), Art. VIII of the Constitution of 1968, as
amended, may use any method authorized by law for imposing and collecting non -ad valorem
assessments.
I--,-�vn
From: McKennaJack
Sent: Monday, May 06, 2013 2:38 PM i3CL
To: Dick Van Deelen
Cc: Mike Pierpaoli; Dennis Nelson; Robert Gerard Gerard; Bob White; Eric Loth;
Bob Wilcox; DeGramThomas; LetourneauJeffrey
Subject: RE: Seawall
Having read the reports and had several conversations with Code Enforcement
inspectors as well as the Building Official, I have no reason to believe there to
be eminent danger of the wall collapsing. As far as I can tell, you have had at
least 4 firms look at the wall, all providing somewhat different (but none
inappropriate) information. As we have discussed, and is clear, the wall is in
need of repair and sooner is better than later as the cost will most likely rise
as deterioration,continues. It seems to me that you are approaching this in a
good and logical fashion.
56CA
Jack McKenna P.E.
County Engineer
Growth Management Division
(239) 252 -2911
- - - -- Original Message---- -
From: Dick Van Deelen [mailto:vandeer02Qcomcast.net]
Sent: Monday, May 06, 2013 1:57 PM
To: McKennalack
Cc: Mike Pierpaoli; Dennis Nelson; Robert Gerard Gerard; Dick Van Deelen; Bob
White; Eric Loth; Bob Wilcox
Subject: Seawall
Mr McKenna,
Persuant to our telephone conversation this afternoon, on behalf of the
LaPeninsula Master Board I am asking for confirmation that neither Code
Enforcement or any other county department has found any reason or evidence to
believe that there is any imminent safety issue having to do with our seawall.
You have been made aware that we are proceeding with Forge Engineering for mostly
geotechnical testing and along with Turrell, Hall are now favoring a remedy for
the wall largely using riprap. We are awaiting notice from the county that you
are supportive of our direction.
Thank you.
Dick Van Deelen, President
LaPeninsula Master Board
TURRELL, HALL & ASSOCIATES, INC.
MARINE & ENVIRONMENTAL CONSULTING
3584 Exchange Avenue, Suite B • Naples, Florida 34104 -3732 • (239) 643 -0166 • Fax (239) 643 -6632
December 22, 2011
Jim Kabcenell, Aircraft Investment LLC
C/O George H. Hermanson, P.E.
Senior Vice President/Principal
Hole Montes, Inc.
950 Encore Way
Naples, FL 34110
RE: SEAWALL ASSESSMENT, REPORT REVIEW AND RECOMMENDATIONS
FOR LA PENINSULA, ISLES OF CAPRI
Dear Mr. Kabcenell,
Turrell, Hall and Associates recently reviewed seawall assessments by Coastal Engineering
Consultants, dated August 6, 2010 and Turrell, Hall & Associates, Inc. by Mr. Rocky Scofield
dated April 17, 2009. After reviewing the previous assessments, our staff conducted a site visit to
analyze the condition of the seawall and compare our results to previous recommendations.
We concur with the previous seawall analysis and most of the recommendations in both reports,
however we have identified alternative construction methods that can save money in areas and
phase the work over time. Our recommendations have been overlaid on an exhibit outlining the
approximate areas for each condominium building.
Seawall Recommendations:
• From station 0 +00 to 0 +50 (Tract A) — Figure 1
• Remove existing rock along face of the seawall.
• Add filter fabric in front of the seawall and along bottom, underneath where the rock
armor will be set.
• Replace the removed rock and add additional rock to entomb the seawall. This will
support the entire wall with riprap. This creates habitat for aquatic life, reduces
wave energy and is a value engineered approach to replacing an existing seawall.
• We recommend installing riprap retaining piles within 1Oft of the seawall if DEP
will not permit the riprap to protrude to the proper distance to entomb the wall.
• Previous recommendations suggest replacing this portion of seawall with steel sheet
Piling.
Seawall Assessment, Recommendations and Budget Estimates
La Peninsula
December 2011
Page 2 of 9
Figure 1: Entomb seawall from 0 +00 to 0 +50
From station 0 +50 to 5 +23 (Twin Dolphins /Condominium Parcel 800 & 900) — Figure 2
o In areas where the depth of Capri Pass is to deep to obtain proper riprap slope we
recommend installing new steel sheet panels or steel I -beams along the base of the
existing boulders.
o The panels or I -beams should be spaced to prohibit boulders migrating seaward.
o Install filter fabric in front of the seawall face and along bottom.
o Place rock armor along seawall to entomb the seawall.
o By entombing the seawall with riprap it eliminates the need for a new seawall in this
area.
o The seawall in this area is adequate if future bottom scouring does not occur. The
recommendations above are for a long terrn solution and an alternative to replacing
the seawall.
o Previous recommendations suggest replacing this portion of seawall with steel sheet
Piling.
Figure 2. Entomb seawall from 0 +50 to 5 +23
Seawall Assessment, Recommendations and Budget Estimates
La Peninsula
December 2011
Page 3 of 9
From station 5 +23 to 8 +00 (Twin Dolphins and Adjacent Retention Pond) — Figure 3
o Remove the existing rock in sections (to not compromise wall integrity) and install
filter fabric from the seawall cap and replace the rock.
o Install new steel sheet panels or steel I -beams along the base of the existing
boulders.
o The panels or I -beams should be spaced to prohibit boulders migrating seaward.
o Refurbish rock where a 2 to 1 slope is not present.
o By entombing the seawall with riprap it elinnates the need for a new seawall in this
area.
o Previous recommendations suggest replacing this portion of seawall with steel sheet
Piling.
Figure 3: Entomb seawall from 5 +23 to 8 +00
From station 8 +00 to 12 +10 (Condominium Parcel 600 & 500) --- Figure 4
o Install new steel sheet panels or steel I -beams along the base of the existing
boulders.
o The panels or I -beams should be spaced to prohibit boulders migrating seaward.
o Add additional rock to elevate the revetment to the top of the seawall cap.
o Repair the seawall cap, this can be accomplished by chipping away the concrete
where bleeding is present and patching /sealing the areas with the proper epoxy.
o Previous recommendations suggest replacing this portion of seawall with steel sheet
piling. We reconnintennd that a properly engineered seawall should be installed as a
second line of defense landward of the existing wall (if repair budget allows).
Note: Although the rock acquired from the construction of the new Lowes on US -41
and Collier Blvd was placed on top of the existing rock, the slope and majority of rock
size is not adequate for direct waves from the Gulf of Mexico. Properly sized rock and
slopes will stabilize the revetment and entombing the seawall eliminates the need to
install a new wall.
Seawall Assessment, Recommendations and Budget Estimates
La Peninsula
December 2011
Page 4 of 9
Figure 4: Install rip rap retaining piles and entomb seawall from 8 +00 to 12 +10
From station 12 +10 to 25 +40 -- Figure 5
o Install steel sheet pile panels with a new cap landward of the existing concrete
seawall.
o Previous recon uzendations suggest replacing this portion of seawall tivith steel sheet
Piling.
Note: The depth of the water in Big Marco River is too deep to allow the seawall to be
entombed with rip rap and to allow docks. The existing concrete seawall panels are not
long enough for the depths of the river, therefore a new seawall must be constructed
behind the existing one.
Figure S: Install new steel seawall from 12 +10 to 25 +40
Seawall Assessment, Recommendations and Budget Estimates
La Peninsula
December 2011
Page S of 9
• Upland walking path
o We do not recommend using any concrete matting as suggested by previous reports.
Regular maintenance with the small 3 /a" drainage rock should continue to maintain a
stable walkway.
Seawall and Riprap Construction Phasing;
While completing all portions of the seawall stabilization at the same time will minimize the
mobilization costs for the project, it may be more feasible to stretch the project out in phases. Our
proposed phasing plan is shown below and is described on the following pages to help spread out
the costs.
Figure 6: Phasing plan
Seawall Assessment, Recommendations and Budget Estimates
La Peninsula
December 2011
Page 6of9
• Phase I (Condominium Parcels 500 & 600) — Install riprap retaining piles as suggested in
the recommendations. The 27ft shown below is the protrusion distance our firm permitted,
for La Peninsula, before Isles of Capri had been placed within the Aquatic Preserve. Figure
8 shows a depiction of our recommendations for Phase H.
Figure 7: Phase II cross section
• Phase II (Condominium Parcels 100, 200, 300, 400 & 500) — Install new seawall behind the
existing concrete seawall as suggested in the recommendations. Figure 9 shows a depiction
of our recommendations for Phase 111.
OLD SEAWALL CAP IS REMOVED
TO FORM AND POUR THE NEW CAP
GRAVEL INSTALLED BETWEEN
NEW AND OLD WALL
EXISTING
RIPRAP
;... RIPRAP THAT HAS FALLEN
INTO CHANNEL
Figure 8: Phase III cross section
Seawall Assessment, Recommendations and Budget Estimates
La Peninsula
December 2011
Page 7 of 9
Phase HI (Tract A, Twin Dolphins & Adjacent Retention Pond) - Entomb the seawall with
new filter fabric and rock armor as suggested in the recommendations. The riprap retaining
piles will only be used in deeper areas where future scouring is a concern.. If the DEP will
not permit the riprap to protrude further than 10 ft. from the seawall than we suggest using
the retaining piles along the entire northern shoreline. This will allow the entire seawall to
be entombed eliminating the need to install a new wall. Figure 7 shows a depiction of our
recommendations for Phase I. Yearly monitoring of the water depth in front of the seawall
is recommended to track any future scouring, this will determine the timefiame of when the
repair is required.
Figure 9: Phase I cross section
While the construction can be phased, all of the surveying, engineering and permitting should be
completed at the same time. Being prepared with the proper drawings and documents will ensure a
timely bid process for construction or in the event of a seawall failure.
We recommend yearly seawall assessments to monitor the condition of the wail. Although the wall
is currently stable, the structural integrity is difficult to estimate. If a sever storm event were to hit
the southwestern coast of Florida, the aged seawall is susceptible to failure.
In addition to the seawall and riprap work we recommend the following:
Rebuild the docks during Phase III construction to provide adequate access for constructing
the seawall. Building the docks within their existing footprint will help reducing the time
required for permitting.
Replace the upland rock stabilizing the berm of the 600 building. Larger rock is needed to
absorb wave energy from waves that crest over the seawall.
Install an upland knee wall faced with rip rap to help protect the storm water retention pond
between Twin Dolphins and the 600 building.
We can provide consulting prices and construction estimates for this additional work if requested.
Seawall Assessment, Recommendations and Budget Estimates
La Peninsula
December 2011
Page 8 of 9
Permitting, Engineering and Consti action Budget Estimates:
Please find below our recommendations to permit, engineer and create bid documents for the
seawall stabilization/replacement.
La Peninsula Budget Estimates
Phase #
Description
THA Budget Es
1
Updated bathymetry survey, will be used to establis
$287,665
Survey
current rock quantities to calculate the amount of
$7,500
3
riprap required for construction.
$437,310
Permitting
Permit the new seawall, riprap retaining plies and
$26,000
Total with 5% Contin enc
riprap with state, federal and local agencies.
$4,252,474
Conduct core borings (50ft deep) around project sit
Core Borings
to be used for engineering the seawall and riprap
$6,000
retaining piles.
Construction Drawing-,
Detailed drawings including structural engineering.
$115,000
Bid Documents
Bid documents so the project and be quickly bid to
$11,000
area contractors in the event of a seawall failure.
Solicit bids from area contractors and recommend
Bid Process
which contractor to secure for the construction
$4,500
(based off of price and relevant experience).
Construction Oversigh
Daily site visits during construction to ensure the
and Compliance
every portion of the project is built to specifications
$50,000
and permits. (Based on 25 weeks of construction)
Total
$220,000
rabie 1: Permit and engineering budget reconmiendations
The above prices are based on doing the project in one phase. If the project is phased over time the
bid documents, bid process and oversight will cost more than what is estimated above.
We recommend allocating the following amounts, shown below in Table 2, for construction.
La Peninsula Budget Estimates
Phase #
Descri tion
THA Budget Est.
1
Rip rap taining piles, epoxy and seal cap and entomb wall
$287,665
2
Install new seawall
$3,325,000
3
Rip rap retallning piles and entomb wall
$437,310
Total 1
$4,049,975
Total with 5% Contin enc
$4,252,474
Table 2: Construction budget reconunendations
These prices do not include moving or replacing any utilities or docks. Portions of the docks may
need to be removed to provide adequate access for installing the new seawall along the Big Marco
River.
Seawall Assessment, Recommendations and Budget Estimates
La Peninsula
December 2011
Page 9 of 9
Comparison between THA and Previous Reports and Recommendations:
Our report outlines a value engineered approach to reinforcing the seawall rather than replace it as
suggested by other sums. This will save La Peninsula money in the areas where entombing the
existing wall is feasible. We reviewed the previous seawall replacement price estimates and feel
the costs are not adequate. We have used pricing gathered from previous projects to establish a
more realistic budget and have included a 5% contingency to allow for any future price fluctuation
in the cost of steel.
Below are two tables comparing our recommendations to previous recommendations (Table 3) and
construction budgets (Table 4) from the recommendations.
La Peninsula Seawall Recommendations
Phase #
THA Recommendation
Previous Recommendation
Phase 1
Rip rap retaining piles and entomb wall
New seawall
Phase 2
Install new steel seawall
New seawall and concrete armor mat
Phase 3
Rip rap retaining piles and entomb wall
New seawall
Upland Pathway
Continue small gravel maintenance
Armor mat pathw a
Table 3: Comparison between seawall recommendations
La Peninsula Seawall Bud
et Comparisons
Phase #
THA Budget Est.
Previous Budget Est.
1
$287,665
$615,000
2
$3,325,000
$2,839,000
3
$437,310
$990,000
Upland Path
Continue Maint.
$105,000
Total
$4,049,975
$4,549,000
Total w/ Cont.1
$4,252,474
N/A
Table 4: Comparison between budget estimates
If you have any questions regarding this report please contact Todd Turrell, Joshua Maxwell, Butch
Morgan or Rocky Scofield at our office.
Regards,
Joshua W. Maxwell, E.I.T.
No
COASTAL
ENGINEERING
CONSULTANTS
INC.
A CECI GROUP COMPANY
August 6, 2010
Mr, Robert Comedato
General Manager
R & P property Management
265 Airport Road South
Naples, Florida 34104
QF-Gj 0 Service
Civlt Eagineertnp
Planning Services
Survey & Mapping
Coastat Engineering
t=nvironmenta[ Services
Website, Wtivw.coasta[engineer[ng.cont
Via email; rcomeriaW*''p- prop.com.
Re: 1.a Pe)sb aids Condomiaium Seawall Assessment
CIEC No. 09.093
Dear Robert:
We are pleased to submit this lettae mport from the Inspeotion observations of tits concrete
seawall and Aiprap protecting the condominium association property at the southeoamost
point of isle of Capri. The iuspecdoxt was completed on Sane 24, 2010_ Thepurpose ofttds
report is to assess the condition, to ostimate the remaining serviea life, and to evaluate
altematives for maintenance. A total of 2,540 feet of seawall was included in this inspg0fion
from the north propexty line at Tract A to the east side along the Mexeo Inver.
The seawall was visually inspected above and b elowwater. Observations were conducted by
an inspection tonm consisting of a proksslonal enginrer and a toelmioian. Utilities were not
tested or Inspected; however, observa0ons were reported on apparent deficiencies during the
inspection. A horizontal stationing system was establishad along the wall to facilitate the
location of observed inspeoted conditions. This stationing originates at tbs north property
line. Attachment A includes a drawing depicting this stationing and two drawings depleting
typical cross seedon% Specific deficiencies on the scavrZ are tabulated in .Attachme,10 3.
Photographs ace included as A,ttaolmaent C to depict the reported conditions. General
inspection observations are described below.
BACKGROUM
Reportedly constructed in 1969 by Garland and Glerland, ;ino., the seawall is an anchored
concrete retaining wall consisting of 6 -inch thick by 6 -foot wide by 14 -foot long, precast
tongue and groove reinforced concrete paaels with a cast-in-place concrete oap bow. The
NO
mr. AobartComedato
August 6,2010
Paget of
seawall anchoriuZ consists of steel bars (tie rods) embedded in the cap beam that extend
perpeadioular from ft cap beam landward to buried concrote aachez blocks (deadmea) at
some distance b ehind the seawall. Spacing on the tie rods was not verlt%d. The tie rods and
dvadmen were not accessible for inspection. Al Garland, who built the original seawall,
reported the river depths along tho well at tine time of construction were 3 to 4 feet.
Several repairs to tho Association's seawall have ooeurrcd since the property was developed
In the mad 19801'x, however details we not available on earlier dates_ The most recent repair
inoluded replacement of a segment of wall between Station 0+20 aad Station 5 +23. This
work was reportedly conducted by Noplos Dook and Madne around 2001 and consisted of
xemovaUreplacement of the original seawall, including new tiebacks, and increasing the wall
elevation by one foot. Other worlr observed included installation of ripxap along the rase of
the wall between Station 4 +27 to Station 25+40. Riiprap installation bas occurred several
times at the same locations, as the rooks have been displaced or have settled. Multiple
modifications have been performed on the cap beam occurring at different periods. It
appears the entire original cap beam has beeA replaced. In an attempt to rcdueo overtopping,
an overlay -was eonshueted between Stations 5+25 and 25+40. The overlay tblokness ,varies
from 12 to 18 inches ldgh. The cap beano overlay was constructed after 2001.
Between Station 7+00 and Statlon 25 +40 a replacement cap and replacement tiebacks were
consttmoted on tho original pawls. The d ato of this work is unknown, The replacement cap
is 2 feattall and encapsuiatesthe added tiebacks terminated wish a nut and a•4 inch by 4 inch
by 2-£0 of long steel angle plate. Thoplate was installed through the lmol3oints immediately
beneath ib8 original cap beam on the seaward slde of The panels. The old nap was then
removed and a xeplacement cap was formed to eneapsulatethe tieback temninal hardware.
IISPEG°i ON01351✓RVATIONS
Concrete Seawaly Station 0+90 to Station 545
At Station 0 +00, um the norft property line, approximately fhe first 20 feet of seawall
egnslsts of-the original seawall parcels. The exposed portions oftho panels were observed to
be. an poor condition exhibiting horizontal cracks with rust bleed out. The top 18 fnollw of
the panels has bean repaired by extending rho cast-fix-place cap beam. Extensive oracldng
was observed onthe top surface ofthe cap beam.
The seawall panels between Stations MO and 5 +25 appeased in good condition. Exposed
conoreto sufacos above and below water were firm when sounded with an, luspoction
hammer. No significant defects were found on iho panels.
Panels wets installed out of plumb starting at Station 3 +00. As construction progressed, the
angle of installation became moxe severe. At Station 5 +25 coAmete was poured in the
triangular shaped gap between rite out of plumb panels and the oxasting panels, photo 7 in
Attaobment C shows th is filled gap.
Mhkobut C.amorieto
August 6, 2010
Paga3 of
A, jet probe was used to loonte and measure the bottom of the seawall panel. One probe was
conducted at Station 0+54, Penetration of the panel below the channel bottom was
determined to be 4.8 feet, A measurement from the top of the cap bean. to the channel
bottom was observed to be 9.5 feel. The total length of the wall at this locatioa was
measured to be 14.3 feet. The water depth at Station 0-50 was measured at 5.5 fleet. The
water depth at Station 3+50 was measared as 6,8 feet leaving only 3.5 feet of panel
penetration,
Rvidence iodloatingthe channel bottom has scoured was observed, Concrete spilled from the
casting of the cap beam, duting original conshuotfoo, adhered to tho panel at Station 3+75.
The concrete formed to the shape of the existing eltarunel bottom at the tinge of construction.
Observations made daring this inspection found the concrete adhered to the pan.al forming a
shelf appxoximtely 18 incites above the current channel bottom, Tbis indicates the channel
bottom bas experienced sigaitieant scour since the time o €construction.
Joints between panels have been sealed vrith grout from the underside of ft cap beam to 2
feet below mean low water (MM). Below #his elevation there axe three locations whac-e
open joints were observed allowing sediment to washout from babind the wam.
Evidence indioates this section of wail bas rotated seaward at the top, potentially indicating
problems with the tiebacks, The cap beam is net sttai& Photos 5 and 6 in Attachment C
depict bows and associated eraol6ng of the nap, Backs indicative of stressed concrete
appear in the bowed areas. C mlm are not of urdformwidth, indlcating deflection of the nap.
Con crele Seawrrl4 Maliort 5 +25 fo Station 12 +10
The radius at the sonth est eoxmr of the property forms in this section of the The age
of this section of wall is not known, The panels appear to ba of a different vintage than the
panels along theriver.
A 12 -inch thick overlay was cmatxucted on top of-the original cap beam. The overlay is not
stmotural and is not believed to be tired into the original cap beam. The purpose of this
overlay was to xaise the seawall elevation to reduce overtopping from extreme high fides,
storm surge and waves.
Small stones and gmvol have been placed immediately behind the cap beam. Storm waves
breaking on the seawall, overtop the cap overlay and wash out tho sod mid landscaping.
Reportedly, during the past winter, waves overtopped the wall and displaced the gravel and
stones, pushing the gravel into the lmdsooping and stacking it against the adjacent building.
Water from the overtopping waves is allowed to flow from behind the wall back to the Aver
through catch baslw conducted to small outfall pipos peActrating the seawall panels.
ldoftoleneies in the overlay ate notrclevant to the seawall conditioxa Tbexe were nnwterous
open cracks and rust bleed outs observed, but these do not laepaetthe "Otion ot_ the seawall.
The defects are aestftefie and do rot affectthe functionality of'tlae overlay nor the seawall.
W. Robed Commisto
August 6, 2910
Page 4 of 9
Strong currents and storm waves have scoured tbo cdm of bottom in £rant of flue seawall
along this seollon of wa]I alloy og the toe of tba wallto kick seaward Tbo riprep placed In
front of the wall compensates for the lost seed and the rIgrap may reduce scour at the base of
the wall. A. large quantity of riprap has been placed in front of this section. of wall with no
evidence of underlying filter cloth. The size of the rockpiaced in front Of the wail in this
area is as imated to average 3 feet in diameter. The rock observed was not tightly placed or
chinked. Many large rocks could be moved by band and -wore displaced ftom the wall lying
on the channel bottom.
Rooks were placed at an elevation even with the top of-the cap beano between Stations 8 +00
and 11 +25. Along this section, xeclos bave settled an average of 2 feet and between Stations
8+80 and 10+00 have settled veitivalty approximately 4 to 6 feet Wave action and current
washing around the rooks has contributed to the sottlbg of the rocks.
Because ofthepresence of riprep, no jetprobes were conducted to daterndne the embedment
of the seawall panels into the channel bottom. Visual observations and measurements
through the riprap Indicate die channel bottom was 9.5 to 10.5 feet below the original cap
beam. As shown in the cross section of Sta6ou 12+00 included in Attachment A„ the
penetration ofthe panels in this section of wall is less than 5 feet.
1 Begi dng at Station 6 +00, the parade throughout this section mekicked out at the toe. This
would indicate the inadequate penetration of the panels. It was root apparent if the hall
movement ocomred prior to or after (or both) pfacemont of the llmestono riprap.
Tire seawall panels between. Stations 5 +25 and 12 +10 appeared in fair to poor condition.
Exposed concrete suzfaow above and below wales were soft up to It2 inaIx deep whoa.
sounded with au inspection hammer. The riprap in front of the wail bindered accessibility to
inspect the panels. Where panels were visible, eight panels exhibited open %wjw. The
widths of the oracks r=god ;atom 1/32 inch to 114 inch At Station 9+82 the 1/4 innh vertical
crook in the center of the paaol is aligned with a expansion joint in the c%p. Tire cap has
shifted 1/2 inch and the panel is broken along the plane of the creels.
A construction joint iii the cap beam at Station 7+76 bas shifted horizontally 4 to 5 inches.
The joint was placed dircotly above a joint between seawall panels. The panels have also
abdited 4 to 5 inches, allowlogf ll frombehind the wall to washtbroughAw gap.
Seawall panel constiuotion changes at Station 12 +10. The adjadent panels are not seated and
an open gap 2 Inches wide was observed. The panels to the east were oast with a dff=nf:
conorote mix and app ear older. A section of steel sheet pile was driven in front of the gap to
prevent f 0 1 from washing out from behind the wall.
A storm wateroutfahi pipe was Wssing aualuniinnrn flap at Station 63`75.
IN
Mr. Robert CoidMrito
Augm6, 2010
Yaps of9
Conorele &ajwX Slriftan D +10 to .S rwImc 2,5+40
The seawall panda botwcea Stations 12 +10 and 25444 appow d in poor conditim. Exposed
eoncrate sudaces above end below waW exhibited advance saWe attaato The delledoration
has 4Muted tho assent matrix and the coarse aggregate, eroding the audaca of the panels an
avemgo of 112 inch deep. At some locations, the parcels are deteriorated tap to 1 inch deep-
'11m deftioration ofibe panels extends from.tiro cap beam down to 2 teat below@&LVj.
A, j et pivbo was used to locate and measure the bottom of 6o seawall panel. One probe was
coadtustotl at Station 20+10. Penoft- don of the panal 'below the ohannsl bottom was
dcm rmimd to be 4.8 Feet A measurement from the top of the cap bem oveday to the
channel bottom was obscrrad to be 11.2 feet Thetotal Icagth of the wall at We Wati= was
mers orcd to ba 16.0 fact. The water depth at Station 03.50 was measured to *be 6.5 feet. The
water depth at Station 23 +00 was mcaemed to be 9.2 feet loaving lees than 3 feet of panel
pencration off slwwn in the cross section of Slation234-00 included in Attachment A.
The drawmg oftho crass socdonat Station 23+00 also dc*ts the serious sr oint condition of
the river bottom. Waiwz dcpft have scoured to none 30 feat within 30 feat of the wall. The
ripxap placed in trout of the vrali provides some, eoavonsation for trio lost sand and flit leak
may induce scour at the base of the waA. Iwio evidence of underlying Oar clout was
obsormd undor this largo quantity of rtptap placed in front ofthis aeoftn of Wall. The size
Of the rook placed IM f=t In this area is estimetod to avorsge 3 feet in diameter. The Yonic
observed was xaot tightly placed or ohinkal. Mangy large rooks oould bo moved by bond and
who observed displaced from the wall lying on the cbam¢el bottomo. Nunn Brous rocks plWecl
along the too of the wall wets observed at rite the ofthe elope an the ehAnnel bottom
Between Station 22 +10 and Station 23-1 -50, a vertical Settioment of the eatize sea4v011
sticltcWm. vas observed. The, sottiomont can bo detmted bya 0.7 foot dip intbc csp beam end
overlay near the midpoint of the sootion of wall. SeePhoto 25 in Attachment C.
A largo spaii caused by the erosion of poor qualk eomvto is too tnxiexalde of the Cap beam
was observed. The sp& is TO feet long extending f ra Station 21 +98 to Station 22-x68. The
shall has exposed rite reinforcing stool and the terminal on& of the tierods. Steel exposed by
tho spoil is heavily cok7aded. locoing the seawall, it Britt sikcll of coxtoaete along the loll ,er
edgo of the cap hmm masks the seveulty of the span from view. Photos 20 through 24 lu
Attachment C show the typical conditiout.
Opeu joi nt3 wlt6 gaps up to 2 inches and a boxizwatat shift batweatc seawall panels omided
at two locations, $$tenon 12+10 and Station 20+93. Awe, horizontal shift indicatc
movement of1ho wall reauhing ffam inadequate psaotradw issues pAox to roplaoomeut of
the oap. Two other opwidW locations wero found With prof up to 2 inches. Shalt and
fill was obsorved washing oarfrotn behind rile seawall at all four looatiow. Numoxons panel.
]ointa exhiiksted stseall spWr, increasing the dw of the gaps and permittlag tiveut more
sediment to wash: out from behind the wall.
Mr. Robot ComedRto
August 6, 2010
1'W6oP9
Open cracks up to' /. Inch wide running diagonally and horizontally were observed in 13
panels. Several crack locations were. bleeding rust indicating corrosion of the xel farclug
steel. These cracks were tocated from immediately below the cap beam to WW. Within
We same section of wall, tits toes of this panels were observed to be ideked seaward.
FACUM ASSTs.SS1VMM
While the seawall, panels in the section of wall replaced in 200L (Sta 0+20 to Sta 5+23) are in
good oondiflon, the minimal penetration 3s a signitieant issue The deficieneies noted in the cep
beam indicate the wall has moved. piecing riprnp in front of the wall may hr3p stabilize it
temporarily, but will uotprovide apmnanentsoiution.
Sealing the joints between the seawall panels prevents the oqualization of the hydroststle
pressure ftom behind tine wall. While the joints at�a aot completely scaled to the ch M01
bottom, over 75 pment of the exposed lengths of flit joints are sealed. Restriction of joints to
allow drainage from the backside of the wall may inareaso tits late ►'al premures and result In
extended durations of saturated soil.
Cracking and bowing of the cap beam indicate the wall has moved. Given the inntimal
., penetration and noting the potential fbr the channel bottom to continue to scour, W)* of this
section of wall may not be practical.
The concrete seawall protecting the property from Station 5-+23 to 25+40 is in fair to poor
condition and is macbing tho end of its usoful life. Scotions of the wail where the panel toss
haveldcR edwaterward indicate inadcgmte penetration depth of the panels. Further scour of the
channel bottoavill decrease tho wall's stability. Scadons o£fho wall notating waterward at the
top indicate failure of-the debark system
The most serious condition observed during this inspection was located near the east property
line..A.I50 -toot section of wall ceuterod at Station23•+ W bas settled vedioo y as aresuit ofthe
severe scour condition of the adjacent river bottom. O"ly about 3 feet of the seawall panel is
believed to be penetrating the obsnuel bottom at tbls location. While about 7 feet of riprap was
placed along the face of the wall, it does not provide the same protection as the equivalent depth
of sand, This condition is depicted in the drawing fur Attachment A. If the scour of the chwmel
bottom continues the risk o €the seawall Mlingisbigb.
The entim length of wall is currently functioning as designed. However, the spalling and
cracking in the cap beany as woll as the sulfate atffiok and orackimg itt the panels allows
moisttaro and salt to penetrate the concrete Into the reheo icing steel. As the steel coxwdes Wd
expands, the concrete will continue to omok and spall. This wall has reached a polat where the
deterioradon rate will continue to accelerate exponentially. rupain to tho wall at this stage of
deteriorationsfenot oostefieetive and vhJ1 provide minimal extenalon ofthe service life..
1
1
W. Robert Comeriato
August G, 2010
Pogo 1 of 9
Major factors in the seawall repair cost arc the design depth of the existing panels and the
rook present that would impede the installation of the new panels, Panels installed at this
property have inadequate length relative to the present depth of the channel. This is evident
by the panels kicked out watexward at the toe of the wall. Horizontal cracking indicates the
piles are being stressed by the lateral forces from the soils they arc retaining. We
recommend increasing the design parameters of the wall to esoecd the existing wall,
speoiiloally, the penetration depth and the capacity ofthe wallpauels.
RECOMMENDATIONS
SeWWI replaesment
This structure was constructed 41 years ago, and is nearing the end of its design, life.
Complicating the situation is the fact that the channel bottom adjar -cat to the, wall has
significantly scoured. The large quantity of riprap placed in front of the wAR bas helped
stabilize the wall. However, the channel has continued to scour.
It is recommended that the seawall be replaced within the next four years. The cost to
replace the existing conamto wall will vary depending onthe type of material used and the
t;eoteohnioal conditions encountered.
1 Based on our 3mowledge of the site, our exp6rience with concrete panels or steel sheet piling
seawall alternatives and the associated costs, we have concluded the steel sheet piling
alternative would serve as the most offeaiive construction material for this project.
Comparisons of the materials considered for this projeot analyzed construction costs,
malutenauce costs, matorlal strength and service life.
We recommend leaving the existing wail in place if feasible and installing the new wall
immediately landward. This may reduce the den 61Won and disposal costs and not impact
tho largo quantity ofuiprap. The visible portion of the existing wall would be removed above
water after the installation oftbe steel sheetpiling,
In developing a project budget we interviewed several mmiva contractors. The eonMotors
provided budgets for the project on two different materials to be considered for the repair.
concrete and stee-L The budgets were developed from the following assumptions. The
replacemont well would be IS feet tong with a castlrrpk= oonctete cap beam fir the
section of wall along the bay from Station 0 +00 to Station 7 +00. As the water depth
increases and the exposure to storm waves increases, between; Statiow 7+00 acrd 19•t-00, we
recommend the length of the wall increase to 22 feet: At the east end of the property
between Station 1.4+ -00 and Station 24+50 It is reaonu —nded to increase the seawall length
to 35 fleet. The installation of the steel street pit ng with casein place concrete cap beam was
estimated to range from $l, too to SAM? per linear foot This range relates to the varying
wall p anetration depth.
t,
Mr. RAW Comerieto
August 6, 2810
Page 8 0£9
These costs do not take into account the presence of natural subsurface rook We
recommend collecting additional geoteeWool data to dotermine the depth of rook. We
propose conducting a jot probe survey along tine seawall alignment and conducting core
borings along the river. Any boring information avallable from the construction of the
buildings would be helpful and could reduce the data collection costs. This information
would enable us to evaluate the waU penetration depth, xoquiremants, Improve the
construction alternative, and provide a preliminary opinion of probable construction cost.
Vuctiier, this datawould be necessary for design and bidding.
Assumirug borings do not encounter signiftom sabsuritm rock that would hinder the
installation to the designed penetration depth; we estimate the conceptual construction
budget for replacing the seawall to be $3,984,000. A breakdowaby station is as follows:
From Statioua
To Station
Distance #t
ten tlr fY
04-00
7 +00
700
18
7+00
19+04
1200
22
19+00
25440
640
35
3LI er
gt{U, o00
stab
_l, 3rl4,a0�
These estimates do not include landscaping, utilities or dock renovations. Additional
Information as dcKnbed abovewiil be required to provide amorer4ned estimate.
.� S'coue•Protectton
The seawrlc along the river is more susceptible to scour and wave action because of its
proximity to the gulf- We, recommend scour protection be added in front of the wall betwmn
Stations 12+00 and 25+40 to reduce or eliminato the possibility of the ehanml deepening and
Increasing the exposed height of wall. Riprap designed with filter cloth is one possible
solution. An alternative to installing riprep is articulating concrete armor mat. OVr
expm lenoe with this material has demouastratW it has excellent scour protection Qualities and
will also provide a bard anfice for madas growth to attach. The product is easier to
Uu mport and quloker to install than riprap. 'The estimated budget to instal127,000 squakle
#bet of armor mat at tike baso of the wall is $ q bo,WO .
Storm .Protection Between Ration 5 +00 crud Ration d1 +00
Tire seawall protecting the property between SMUon 5+04 and Station 11+00 is susceptible to
overtopping from storm. waves. This actuation needs to be addressed. Wafter and wave forces
have oaused property damage and flooding To design a wall to withstand the wave forces
and to be of adequate height to eliminate overtopping will be challenging and the
comtk2uction costs will be ptobibidng. The current approach to manage this problem has had
iituitod success and rcquires maintenance after each stony event. We rw=awend exploring
the possibility of constructing a wave absorbing rock stmoturc seaward of the wall in this
high onergy area of the property.
1
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ATTACHM, ENT C
Jq
LA PENINSULA CONDOMINIUM
SEAWALL PHOTOGRAPHS
June 2010
Photo No. I - Station 0+00: Cracking of cap beam.
NM
.-.l ov.,
Photo No. 2 Station 0+00: Broken seawall panel %%was -epaired
by
extending cast-in-place cap beam. Panel below repair exhibit c racks with
rust bleed outs.
Page I of 13
r
z
.-.l ov.,
Photo No. 2 Station 0+00: Broken seawall panel %%was -epaired
by
extending cast-in-place cap beam. Panel below repair exhibit c racks with
rust bleed outs.
Page I of 13
Q0
La Peninsula Condominium
June 2UlU
..... .....
mm
Vu,
Photo No. 5 - Station 4+50.- Photo looking east shows bows is cap beam indicating
movement of wall.
Z
W"
-Y
J: -A
Photo No. 6 - Station 3+60 to 4+50; Typical photo of liuniero is Cracks in top of cap
beam. Cracks open oil outboard edge and closed on landward ide are indicative of
movement in cap beam. t
Page 3 of 13
La !'eninsulai Condominium
Junc 2010
Photo No. 7 - Station 5 +25: Construction change, cap beans
Photo No. 8 - Station 7 +50: Severe cracking of cap beam
with rust bleed
Ln Pcninsuln Condominium
June 2010
Photo No. 9 - Station 7 +55: Severe cracking of cap beans overlay with rust bleed
out.
Photo No. 10 - Station 7 +76: Cap beam overlay shifted 1.5 itchcs.
Page 5of13
-�� a� ,`i qtr s .: t �•p -'� ��'� e r
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0
ORDINANCE N0, 85- 2
AN ORDINANCE RELATING TO THE CONSTRUCTION, RECON-
o STRUCT40N, REPAIR, ALTERATION, PROJECTION AND
J .- PROLONGATION OF SEAWALLS AND REVETMENTS IN THE
X UN D7CORPORATED AREAS OF COLLIER COUNTY; PROVIDING
p` °_' DErIINITIONS; PROVIDING THAT A FAILED SEAWALL OR
`•: RE,VE�I'IJENT IS UNLAWFUL AND A PUBLIC NUISANCE;
L PROVIDING FOR ENFORCEMENT JURISDICTION BY AMEND -
> - -- ING SECTION THREE, SUBSECTION 2 OF ORDINANCE NO.
837-,1J;',.T0 PROVIDE THAT THE CODE ENFORCEMENT BOARD
Or. COLLIER COUNTY SHALL HAVE JURISDICTION TO HEAR
ANA DECIDE ALLEGED VIOLATIONS OF THIS ORDINANCE;
PROVIDING FOR OTHER ENFORCEMENT REMEDIES AND PENAL-
' TIES; PROVIDING TECHNICAL SPECIFICATIONS FOR SEA-
WALLS AND REVETMENTS; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, there are many areas in the County which are
adjacent to natural or man -made bodies of water; and
WHEREAS, many of these Areas adjacent to bodies of water are
bordered by seawalls and revetments; and
WHEREAS, properly designed and constructed seawalls and
revetments serve to protnct waterfront upland property and
improvements located thereon against wave attack and serve to
stabilize the position of the shoreline; and
WHEREAS, Aeawalle and revetments have a tendency to fail rind
fall into bodies of water be.causo of the passage of tune, strong
winds, heavy rains, erosion, corrosion, and high and low tides
among other reasons; and
WHEREAS, seawalls and revetments which have failed or
collapsed are a hazard to navigation in navigable bodies of water
and a hazard to drainage and flood control in non - navigable
bodies of water; and
WHEREAS, a failed seawall or revetment with accompanying
loss of fill, unless promptly replaced or repaired, may cause
continuing loss of soil on adjoining properties which can
seriously and adversely affect the stability of seawalls and
revetments on those adjoining properties as well as the value of
adjoining properties; and
WHEREAS, a failed seawall or revetment deprives adjoining
property owners of the additional strength that derives from the
IOGK 019pvt23
common benefit of a continguous seawall or revetment; and
WHEREAS, individual property owners are presently respon-
sible for maintenance, repair, and replacement of seawalls and
revetments along their property; and
WHEREAS, there presently exists a threat to public health,
safety, and welfare because of the failure of some individual
property owners to maintain, repair, or replace their failed
seawalls or ravet.mentsi
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA:
Section One: Definitions: As used in this Ordinance, the
following words shall have the following meanings:
"County ": means the unincorporated area of Collier
County, Florida.
"Seawall ": means any solid upright structure which
sorver f.o separate real property and /or any
improvements thereon from any natural or man -made body
of water.
"Failed seawall or revetment ": means a seawall or
revetment that has failed structurally or that has
moved from its original position or that does not
serve to stabilize the position of the shoreline.
"Revetment ": means a sloping structure which serves to
separate real property and /or any improvements thereon
from any natural or man -made body of water.
Section Two: Failed Seawall Or Revetment Declared To Be
UnlawT-uT And A Pu lc Nu lance.
It is hereby declared unlawful and a public nuisance for any
property owner in the County to permit, or to fail to repair or
reconstruct, any failed seawall or revetment upon his property.
Section Threes Enforcement Jurisdiction.
In any area of the County where a Code Enforcement Board
exists, such Code Enforcement Board shall have jurisdiction to
enforce the provisions of this Ordinance, however the jurisdic-
tion of the Code Enforcement Board shall not be exclusive. The
Code Enforcement Board shall have such enforcement powers to be
2
604K 019 PA'.! 2464
MW
exercised in such manner as may be provided by county ordinance
or state statute, including the authority to levy a fine not to
exceed two hundred fifty dollars 15250.001 for each day a viola-
tion continues past the data set by the Code Enforcement Board's
order for compliance. In connection therewith, Section Three,
Subsection 2 of Ordinance 83 -43 which created the Code Enforce-
merit Board of Collier County, is hereby amended by adding the
following language:
(j) Seawalls and Revetments - Collier County Ordinance
No. 85 -2 and amendments thereto.
Section Four: Other Enforcement Remedies And Penalties.
Violation of the provisions of this Ordinance, or failure to
comply with any of the provisions of this Ordinance shall consti-
tute a misdemeanor. Any person who violates this Ordinance or
fails to comply with any of the provisions cf thin Ordinance
shall upon conviction thereof be fined or imprisoned, or both, as
providod by law, and in addition shall pay all costs and expenses
involved in the case. Each day such violation continues shall be
considered a separate offense.
In addition, the Board of County Commissioners may take
any other lawful action in any court of competent jurisdictic-n as
is necessary to prevent or remedy any failure or refusal to
comply with any of the provisions of this Ordinance. Such othez
lawful action shall include, but shall not be limited to, an
equitable action for injunctive relief or action at law for
damages or foreclosures of liens. Nothing contained in this
Ordinance shall be construed to limit or otherwise adversely
affect an adjoining property owner's right to seek redress for
damages resulting from a failed seawall or revetment.
Section Five: Technical Specifications For Seawalls
And Revet:ronts.
There is attached hereto and incorporated by reference
herein a document entitled "Collier County Seawall and Revetment
Regulations - Technical Specifications," consisting of pages one
Loa[ 019 PA,A M
3
..�.. .y.:. ....... .. .�...... .rte �.......,�......... _.- ...r- _.._.... _ _ ._. _.. __ ._..._.__.__....__.... -. �..,,.- ,,.,�°t�
through nine, inclusive of design figures. All seawalls and
revetments constructed, reconstructed, repaired, altered, pro-
jected or prolonged in the County after the effective date of
this Ordinance must meet or exceed these technical specifica-
tions as follows:
A. Minor repairs to the seawall or revetment which do not
necessitate physical alteration to the existing structural
support syatem are exempt from the technical specifications.
D. Major repairs to the seawall or revetment which necessi-
tate physical replacement of any portion of the structural
support system, except sheet piling, shall comply with the
appropriate material specification of the technical specifi-
cations for the proposed repair only.
C. Reconstruction of any seawall or revetment requiring the
complete reinstallation of the sheet pile portion of the
structural support system, or any new seawall or revetment
section installed ndjacent to or indepondently from any
existing seawall or revetment shill require complete con-
formance with all sections of the technical specifications
for that portion of seawall or revetment.
Failure to comply with these technical specifications
shall constitute a viulntion of this Ordinance.
Section Six: Conflict and Severability.
In the event this Ordinance conflicts with any other
ordinance of Collier County or other applicable law, tl:e more
restrictive shall apply. 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 Sevens Effective Date
This Ordinance shall become effective upon receipt of notice
904K 01� PA"! 266
4
4bry
hit
POW
from the Secretary of State that this Ordinance has bean filed
with the Secretary of State.
ATTEST 4&nu& rY 8, 1985
ATTEST `�'�
KILLIAA, ,'.REAGAN, Clerk
:w
f Jippiooved is to form and
eg 1 ss5�fficiencyt
1
ruts Anderson
Assistant County Attorney
STATE OF FLORIDA )
COUNTY OF COLLIER )
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FREDE ICI( J. VOSS, Chairman
I, WLLLIXM J. Itr=AN. Clerk of Courts in and for the Twentieth Judicial
Circuit, Collier County, Florida, do hereby certify that the foregoing is a
true original of:
ORDINANCE NO. 85 -2
which was adopted by the Board of County Comaiasioners during Regular Session
the 8th day of January, 1985.
WITNESS my hand and the offietnl seal of the Board of County Commissioners
of Collier County, Florida, thin 8th day of January, 1985.
WILLIAM J. RFACAN
Thk enllnones fibd with the Clerk of Courts nrul Clerk
SK Of ts•l OIiks th, County Ccn to Board of
County Coa=i aioncrs
and akr+owledgwrwnt of that
fN rsp?"d
of By
Virgin Magri, Deputy crle
t".Ar caw
IDDII
�• 5
COLLIER COUNTY SEAWALL AND REVETMENT REGULATIONS
TECHNICAL SPECIFICATION
SECTION li DESCRIPTION
The work described in this Specification consists of the design evid construc-
tion of waterfront upland property and building protection structures such as
seawalls and revetments which serve to protect against wave attack and to sta-
bilise the position of the shoreline.
The Design and Construction standards herein described shall provide minimum
requirements for all seawalls and revetments constructed, reconstructed, repaired,
altered, projected or prolonged.
SECTION 2s DESIGN CONSIDERATIONS
A. General
1. All plans and specifications for seawalls and revetments
shall be prepared by a Professional Engineer registered in the
State of Florida.
2. Th• design of the structures shall Adequately address all
possible moil, live, dead and hydrostatic loadings existing
during the life of the structure.
B. Criteria
1. Soil And site pArnmeters essential to the structural design
are summarized on Figure 1.
2. The active failure soil wedge on the upland side of the
stricture shall nanume snturated moll to the top cnp of the
seawall /revetment.
I. The low water depth on the waterward side of the structure
shall be assumed to he a "low, low" tide.
SECTION j; GENERAL REQUIREMENTS
A. Location
Seawalls shall be placed so that the waterward face of the wall is
coincidental with the platted property or bulkhead line, if one
exists, or at the intersection of the mean high water line with
the existing shoreline.
Revetments shall be placed so the exposed rock face intersects the
platted property or bulkhead line et the mean high water line.
B. Elevation
The cap elevation for all seawalls and revetments fronting on
protected tidal waters shall be equal to, or greater than, eleva-
tion 4.5 feet N.G.V.D. (National Geodetic Vertical Datum) and
equal to or greater than, 5.5 feet N.C.V.D. on open bays and
channels. The elevation for all seawalls and revetments fronting
on freshwater canals and lakes shall be equal to, or greater than,
the local high water elevation as determined for a 25 year return
frequency design storm avant.
IOOR 019'A`.!
January A. 1985 1
om FM
C. Filling
The only filling authorized herein shall be for backfill behind
the seawalls or revetments and shall not extend any further water —
ward than existing seawalls or revetments. The backfill shall be
from upland sources and consist of suitable granular material from
from toxic pollutants in other than trace quantitieo. At no time
shall this Specification be construed to allow the filling of
any County, State or Federal wetland.
D. Code Enforcement
1. The County Manager, or his designated representative, shall
review the plans and specifications to determine if all
Appropriate Engineering Certifications are provided. Upon
determination that all certifications are provided, the County
Manager, or him designated representative, shall issue a
Permit to perform such work.
2. At the conclusion of all permitted work relating to an indi-
vidual seawall or revetment improvement, a certification by a
Professional Engineer registered in the State of Florida
shall be provided to the County Manager, or his designated
representative, verifying compliance with the design and
construction requirements of this Specification.
F. Special Conditions
The County Manager, or his designated representative, may waive/
Abate only thoxe requirements detailed herein that are in direct
conflict with existing conditions at or adjacent to the property
location for the proposed ■eawAll or revetment improvements.
Substitutions may be authorized by the County Manager, or his
designated representative, for seawalls or revetments constructed
of material and /or by methods other than as detailed in this
Ordinance only if the design considerations of Section 2 herein are
complied with. Thin authorization does not allow substitution of
any requirement detailed in Section 4 herein.
SECTION 4: RESTRICTIVE SPECIFICATIONS
A. General
1. The Standard Specifications of the Florida Department of
Transportation for Road and Bridge Construction. Latest
Edition. shall govern all construction, including materials
and workmanship, where applicable.
2. The references to tie —back rods and anchors in the following
subsections shall not be construed as a requirement by Collier
County for that particular means of sheet piling support sys-
tem but are included for Specification information purposes
only. When utilized. the tie -back rods shall be straight
between wall cap or waler and anchor plate.
3. Sheet piling shall be installed plumb in both the horizontal
and vertical directions.
p00K a19 �1' ! a►OV
Jnnunry A. 1985 2
D.
C
4. Sheet piling shall ponstrate into firm ground a minimum of
40% of the total length of the sheet pile but never lees than
4 feet. This penetration requirement may be abated in the
avant the toe of the shoat pile can be embedded a miniumum of
12 inches in solid bedrock.
5. The toe -berm of all sheet pile seawalls shall be protected by
a stone rip -rap revetment placed on a filter fabric erosion
control blanket in accordance with Section 4.0 as follows:
a. At locations where soils will not adequately resist
toe -out failure by additional penetration depth alone;
b. At locations where lateral tidal flows create excessive
scour and erosion of the toe -berm;
C. At any other location where the design Engineer deems it
necessary for the preservation of the integrity of the
seawall.
Concrete Sheet Pile Senwalls
I. All seawalls under this Section may be of concrete, utilizing
the tongue And gronv., or other Approved method of construc-
tion, with poured -in -place concrete cap.
2. Thi concrete shell have a minimum test strength of 3,000 psi
after 28 days.
3. Each sheet piling stab shall have a minimum thickness of six
inches and provide s minimum reinforcing steel cover of two
And one -half (2y) inches of concrete.
4. The concrete cap shall not be less than 10 inches in thick-
ness, nor lees than 16 inches in width, and contain one -half
(�) inch expAnsion ,hints of pre - moldad sealer at all property
lines but in no came more thnn 100 foot intervals.
5. All tie -hack rode shall be of a size, material and composi-
tion to ensure a three -to -one (3:1) safety factor under the
design criteria outlined in Section 2.A.2. Tie rods shall be
Integral with the AIAb vertical reinforcing steel And be
environmentally protected AgainAt corrosion by "hot -dip"
galvanizing in Accordance with ASTM A -153, epoxy coating in
accordance with ASTH A -775, or any other equivalent protection
materiel.
6. Tie -rod anchors shall have not less than six square feet of
vertical surface area perpendicular to the alignment of the
tie -rod and be located within the area of full passive resis-
tance.
Aluminum Sheet Pile Seawalls
1. All seawalls under this Section may be of aluminum, with all
members conforming to the appropriate ASTM standards so
specified.
2. Sheet piles shall be fabricated from aluminum alloy 5052 -H141,
conforming to ASTM D -209 alloy 5052 for chemical composition;
also having a minimum thickness of 0.125 inches and a ainiaua
ultimate tensile strength of 35,500 p.s.i.
1ok 019 °1.470
January 8, 1985 3
D. Revetments
1. The work under this :.ectiun is comprised of a heavy Armor
facing of precarr, co -crete blocks, natural stones and
boulders, bags filled with *and- cement mixture of grout, or
some other durable facing material placed on a stable natural
sloping shore.
2. The revetment ahall be placed on a smooth, even, compacted
slope with a gradient not exceeding one foot vertical drop
for every two feet of horizontal distance.
3. All revetments shall be placed on a woven plastic filter
fabric in accordance with F.D.O.T. Specifications. Section
514. This fabric shall be overlaid by a layer of one inch to
four inch stone which shall serve as a cushion for the armor
layer protection. The fabric shall be folded over and
anchored by larger rock at the toe of the revetment slope.
4. The stone revatment armor layer shall be comprised of
boulders of suffi,.ient quantity and size to withstand all
:ids and wave fort%+, but in no case be :ass than that
specified by F.D.O.T. Specifications Section 530.
5. Alternative armor layers of protection w y be sand - cement
bags interconnected by 04 reinforcing dovels, in accordance
with F.D.O.T. Specifications Section 530, "Armorflex ",
"Terrafix ", "Tri- lock" or any other approved interlocking.
precast, modular concrete armor system.
January R. 1985 4
3.
Cap and joint extrusions shall be fabricated from aluminum
alloy 6063 -T6, conforming to ASTM B -221 alloy 6063 for
chemical composition; also having a minimum thickness of 0.15
Inches and a minimum ultimate tensile strength of 30,000
'
p.s.i. The cap shall be a minimum of six inches wide and
five and three - quarters (5.75) inches deep.
4.
Anchor rods and anchor plates shall be fabricated from
•
aluminum alloy 6061 -T6, conforming ASTM'B -221 alloy 6061 for
chemical composition; also having a minimum thickness of
0.125 inches for anchor plates and a minimum diameter of 0.75
inches for anchor rods, both with a minimum ultimate tensile
strength of 38,000 p.s.i. Anchor rods shall be designed to
ensure a three -to -one (3t1) safety factor under the design
criteria outlined in Section 2.A.2.
S.
Installation procedures shall follow the guidelines and
methods required by the aluminum seawall manufact-irer.
6.
If the aluminum material is brought in contact with concrete,
A coating of clear nethscrylaro lacquer shall be applied to
the aluminum contact surface to prevent corrosion. There
shall be no dtasimilar metals or metal systems bonded to the
wall.
D. Revetments
1. The work under this :.ectiun is comprised of a heavy Armor
facing of precarr, co -crete blocks, natural stones and
boulders, bags filled with *and- cement mixture of grout, or
some other durable facing material placed on a stable natural
sloping shore.
2. The revetment ahall be placed on a smooth, even, compacted
slope with a gradient not exceeding one foot vertical drop
for every two feet of horizontal distance.
3. All revetments shall be placed on a woven plastic filter
fabric in accordance with F.D.O.T. Specifications. Section
514. This fabric shall be overlaid by a layer of one inch to
four inch stone which shall serve as a cushion for the armor
layer protection. The fabric shall be folded over and
anchored by larger rock at the toe of the revetment slope.
4. The stone revatment armor layer shall be comprised of
boulders of suffi,.ient quantity and size to withstand all
:ids and wave fort%+, but in no case be :ass than that
specified by F.D.O.T. Specifications Section 530.
5. Alternative armor layers of protection w y be sand - cement
bags interconnected by 04 reinforcing dovels, in accordance
with F.D.O.T. Specifications Section 530, "Armorflex ",
"Terrafix ", "Tri- lock" or any other approved interlocking.
precast, modular concrete armor system.
January R. 1985 4
'S
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•r.
0
0
SECTION St PERFORMANCE REQUIREMENTS
Thess Specifications detail minimum requirements for seawalls and revetments
which are to be constructed in Collier County. Individual design is the respon-
sibility of the landowner, based upon specific site conditions, type of shore
stabilization structure desired, method of construction, and all other factors
affecting the stability of the structure. These Specifications are minimum
requirements only and are not intended to be a final design relating to a specific
site or any other affecting conditions.
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Figure 4
C)
SOUTH FLORIDA AG COUNCIL COMMITTEE
COMMITTEE MEETING
9:00 A.M. TO 12 NOON, NOVEMBER 19, 2013
HILLIARD BROTHERS CABIN, FLAG HOLE ROAD
CLEWISTON, FLORIDA,
ATTENDEES
COMPANY
COMMODITY
Aaron Troyer
Troyer Brothers Inc.
Vegetables & Citrus
Ben H. Griffin III -
Ben Hill Griffin Inc.
Cattle & Citrus
Billy Heller
Pacific Tomato Growers Ltd.
Vegetables & Citrus
Cecil Howell
Self
Vegetable Grower
Charlie Lucas
King Ranch Florida
Citrus, Sugarcane, Vegetables, Landscape & Ornamental
Christian Spilker
Collier Enterprises
Cattle, Citrus & Vegetables
Chuck Obern
Self
Vegetable Grower
Clay G. Wilson
Latt Maxcy Corporation / ALICO
Cattle, Citrus, Sugarcane & Vegetables
Dallas Townsend
Dorlas Ranch
Cattle & Citrus
David Wheeler
Wheeler Farms
Citrus
DC McClure
West Coast Farms
Vegetables
Dick Crockett
Brian W. Paul Family
Citrus
Gene McAvoy
Hendry County Extension Director
NA
Gene Mooney
Bill Hill Griffin Inc.
Citrus & Cattle
Hugh English
English Brothers Partnership
Citrus
Jamie Williams
Lipman Produce
Vegetables & Citrus
J. D. Alexander
ALICO
Cattle, Citrus, Vegetables & Sugarcane
Joe Hilliard Il
Hilliard Brothers of Florida
Cattle, Citrus & Vegetables
Dr. Joe Joyce
IFAS Executive Associate VP for Agriculture
NA
Joe M. Hilliard
Hilliard Brothers of Florida
Cattle, Citrus & Vegetables
John Stitt
Stitt Ranch Inc.
Citrus
Kate English
Pavese Law Firm
Citrus
Katie Sproul
Barron Collier Companies
Cattle, Citrus & Vegetables
Ken McDuffie
U. S. Sugar
Sugarcane
Ken Smith
ALICO
Cattle, Citrus, Vegetables & Sugarcane
Kent Shoemaker
Lipman Produce
Vegetables
Michael S. Murphy
Cooperative Producers Inc.
Citrus
Mike Sullivan
Gargiulo Farms
Vegetables
Mike Taylor
Collier Enterprises
Cattle, Citrus & Vegetables
Paul Meador
Everglades Harvestion
Citrus
Rick Kress
Southern Gardens Citrus Processing
Citrus
Ron Hamel
Gulf Citrus Growers Association
Citrus
Ronald Edwards
Evans Properties Inc.
Citrus
Tim Nance
Collier County Board of Commissioners
NA
Tom Duda
A. Duda & Sons
Cattle & Citrus
Tony Dimare
Dimare Brothers
Vegetables
Wa ne Simmons
LaBelle Fruit Company LLC
Citrus