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Backup Documents 11/09/1999 RBOARD OF COUI~TY COMMISSIONERS REGULAR MEETING NOVEMBER 9 1999 ~aples, FL 34102 Aff:~a~it of REFERENCE: 001230 ~912F~3 State of FLorida County of Collier Before t~e undersigned eutKorit/, as the Assistant Corporate Secer:~ry of t~e haples Daily Nevs, a daily ~e~per published at tJ~pCes, ~n Collier C~unt7, FLorl~: that t~ at*ached copy of advertising v&$ pa~l~shed ~ said newspaper c~ dates Listed. Affiant further says t>at the sa(~ r;6ples N~s is a news~per ~dUtished at t:aples, in Collier C~nty, Flor(da, and t~at t~e n~s~r has heretofcre been conttA~Jcus[7 ~blish~ in said CalLier County, ~toride, e~ch day and ~s ~ee~ e~tereJ as sec~ cL~t ~tter at t~e ~st office )n haplet, ~n ~a(C Collier C~nty, Florida, for a p~r~ of I year next preening the first F~ht~cat~c~ of attach~ copy of advertisement; ar~ pr~)s~ any ~rson, firm or co~ratian any di~c~nt, re~te, c~mi~ii~ Or r6f~r.d for ~r~e o~ secur(~ t~(s aJvertis(ment for ~ticat(~ in the said news~per. PUBLISHED 0~: 11/0! AD SPACE: 55.000 F~LED OH: qq/08/99 .................................... ~tgnature of Affiant Suorn to and Personally kno~. by NOTICE O~ PUBLIC AAF~TING I)OA~D OF COUNTY COMMISSIONerS, C~LI~ C~NTY, ~L~A ~tce ~ h~e~y oIven ~ ~ C~ller C~W Count~ Oovernment ~. tO C~ ~ ~' ~ ~e. ~ ~oi~le to ~e County AdmlnJstr otor, Any ~f~ ~o ~cid- ~e ~ o r~ ~ ~ pr~d- corl InclUdes the t~fl~ ~ evl~.e 80ARD OF COUNT COMMIS~O~5 COLLIER ~OUtlTY~ FL~ OA PAMELA 5. ~C'KIE, ~WOF~N DWIGHT E- BROCK, CL~K ~ Clerk COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Tuesday, AGENDA Movember 9, 1999 9:00 a.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON A~f AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY ADMINISTRATOR PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COM~dISSIONERS), 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 EXPLA~ATION TO THE COUNTY ADMINISTRATOR AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER ~PUBLIC PETITIONS". Ab'Y PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALI. ~LGiSTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MIND,ES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRWOMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (941) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION - Minister Art Holt, Unity of Na~)les Church PLEDGE OF ALLEGIANCE APPROVAL OF AGENDAS Approved and/or Adopted with changes - 5/0 APPROVAL OF CONSENT AGENDA. APPROVAL OF SUMMARY AGENDA. APPROVAL OF REGULAR AGENDA. APPROVAL OF MINUTES Approved as presented - 5/0 ae October 12, 1999 - Regular Meeting October 14, 1999 - Emergency Meeting October 20, 1999 - Special Meeting PROCLAMATIONS ~ SERVICE AWARDS A. PROCLA3~ATIONS 1) Proclamation proclaiming Tuesday, ~$ovember 16, 1999 as Neapolitan Civitan Day. To be accepted by Mr. Sydney Fishman, Past International President, civitan International; Mr. Ronald Estabrook, President, Neapolitan Civitan Club; Mr. John Lawson, President Elect, Neapolitan Civitan Club; and Ms. Corinne Hartfield, Founding Member, Neapolitan Civitan Club Adopted 5/0 Proclamation proclaiming the Month of November as Collier County Adoption Month. To be accepted by Ms. Theresa Iamurri, President, Adoption Task Force of Southwest Florida Adopted 5/0 Proclamation proclaiming November 21-27, 1999 as Farm-City Week. To be accepted by Mrs. Liesa Priddy, Chairman, Farm-City Committee. Adopted - 5/0 4) Proclamation designating Novenfoer 20, 1999 as Free Day, State Park Recognition Day within Collier County and proclaiming November 1999 be celebrated as Florida State Parks month, voted America's best. To be accepted by Greg Toppin. Adopted - 5/0 SERVICE AWARDS Presented COMldTTNITY DEVELOPMENT Janet Go, Pollution Control Sonia Grafton, Building Review 10 Years 10 Years EMERGENCY SERVICES Maureen Matthews, EMS 5 Yea¥s PUBLIC SERVICES Clair Oss, Library 10 Years PUBLIC WORKS Stephen };agy, Wastewater r4arc Frazzano, Wastewater ~ichael Farrell, Transportation 15 Years 10 Years I0 Years C. PRESENTATIONS 1) Recommendation to recognize John Augustyn, Plant Operator II, Water Department, as Employee of the Month for November 1999. Recognized APPROVAL OF CLERK'S REPORT A. A/~ALYSIS OF CHA/.~GES TO RESERVES FOR CO~;TINGENCIES. PUBLIC PETITIONS COUNTY ADMINISTRATOR'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Request by Jeanine Novei!o representing the Exceptional Student Education Office of Collier County Public Schools for a waiver of the application fee for a Temporary Use Permit. Approved 5/0 2) Street name revision for Landfill Road to White Lake Boulevard. Res. 99-415 - Adopted 5/0 3) To present the Bayshore/Gateway Triangle Redevelopment Plan prepared by Landers-Atkins Added Added Added 4) Planners Inc. and to direct staff to begin implementation of the plan. Approved 5/0 Proposed Legislation for administration of telecommunications flat tax at state level. Presented - Board indicated opposition to proposed legislation (Consensus) 5) Reconsideration of Lionel Train Museum Motion to reconsider Failed - 2/3 (Commissioners Norris, Constantine and Berry opposed) PUBLIC WORKS 1; Report on additional Landscaping Improvements for the recently completed Davis Boulevard Phase II Beautification Project (Airport- Pulling Road to County Barn Roadl, Project No. 60013. Staff to provide additional information at 12/14/99 meeting (Consensus) 2) Request approval to waive landfill disposal fees for construction debris from the "Build a Home for George Project" in Immoka!ee. Approved - 5/0 PUBLIC SERVICES 1) Review options relating to lease between Collier County and the Gulf Coast Skimmers Water Ski Show, Inc. (GCS), including possible shared use of Lake Avalon and other leased facilities by two factions within GCS, suspension of Lessee's operations, or termination of the lease agreement. Withdrawn based upon resolution of Case ~99- 880CA and a~reement that Southern Extreme a~rees not to sue Gulf Coast Skimmers regarding suspension of use of Lake Avalon - 5/0 2) Approval of a personal grant from the Friends of the Library to institute a ~ormal literacy program within the Collier Counuy Public Library system. Approved 5/0 D. SUPPORT SERVICES Moved from Item #16D2 1) Approval of Robey-Barber Insurance Services, Inc. as the County's Group Health Claims Administration Company Approved 5/0 E. COUNTY ADMINISTRATOR 1) Adoption of Policies and Organizational Changes to enhance the efficiency of future road projects. Res. 99-418 defining cross-sectional elements for a roadway and it's ROW width; add a transportation agent position; and add an attorney to focus exclusively on eminant domain cases 5/0 2) Request to enhance vacation time to promote longevity and employee retention. Approved option 1 as recommended by staff s/0 F. AIRPORT AUTHORITY G. EMERGENCY SERVICES 9. COUNTY ATTORNEY'S REPORT 10. BOARD OF COUNTY COM24ISSIONERS County Administrator's Evaluation. Presented Appointment of member to the Affordable Housing Commission. Res. 99-416 appointing Larry Mullins - Adopted 5/0 Co Appointment of members to the County Government Productivity Committee. Res. 99-417 appointing James R. Gibson, Jr. and Beverly Edwards - Adopted 5/0 Discussion and possible direction regarding the Immokalee Road design and water quality swale. (Commissioner Mac'Kie) Discussed Added E. Benefit concert to collect food for those in need during the holidays. 11. Approved- 5/0 OTHER ITEMS A. OTHER CONSTITUTIONAL OFFICERS B. PUBLIC COMMENT ON GENERAL TOPICS PUBLIC HEARINGS WILL BE HEARD FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS BCC A. COMPREHENSIVE PLAIN AMENDMENTS B. ZONING AMENDMENTS Withdraw~ at Request of Petitioner 1) Petition PUD 98-16(1) David R. Underhill, Jr., P.E., of Banks Engineering, Inc., representing U.S. Home Corporation, requesting a fezone from "PUD" to "PUD" known as Cedar Hammock PUD for the purpose of amending the PUD document having the effect of revising the roadway cross sections and applicable text of the PUD document to substitute two, four foot wide bike lanes for a required five foot wide sidewalk on one side of Cedar Hammock Boulevard, a local street and to allow sidewalks required on both sides of a local street to be placed on one side of Cedar Hammock Boulevard, for property located south of Davis Boulevard and west of C.R. 951, in Section 3, Township 50 South, Range 25 East, Collier County, Florida, consisting of 418+/-acres. Petition PUD 99-12, Mr. Michael R. Fernandez of Planning Development, Inc., representing Marian H. Gerace, Trustee, requesting a fezone from "A" Agricultural to "PUD" Planned Unit Development to be known as Banyan Woods PUD allowing for 342 dwelling units and conditional uses for a church and/or assisted living facility (ALF) for property located on the east side of Airport Pulling Road (C.R. 31) and south of the Carillon PUD, in Section 13, Township 49 South, Range 25 East, Collier County, Florida, Florida consisting of 48.87 acres more or less. Tabled to later in the meeting. Motion withdrawn. Petition withdrawn at request of Petitioner C · OTHER 13. BOARD OF ZONING APPEALS 14. 15. A. ADVERTISED PUBLIC HEARINGS 1) Petition CU-99-08, Emilio J. Robau, PE, of RWA, Inc., representing Jassy Real Estate Investments, Inc., requestinN conditional use "17" of the "A" zoning district for a golf course in Section 24, Township 50 South, Range 27 East, Collier County, Florida, consisting of 313.56+/- acres. Res. 99-419 - Adopted 5/0 2) Petition CU 99-16, R. Bruce Anderson ~epresenting SR 846 Land Trust, requesting the approval of a conditional use for an earth mining activity on a parcel of land zoned Agricultural located on the west side of immokalee Road approximately 1.5 miles north of the County fair grounds and further described as Sections ! and 2, Township 48 South, ~ange 27 East and Sections 35 and 36, Town~hip 47 South, Range 27 East, Collier County Florida. This parcel consists of approximately 2,564 acres. Res. 99-420 Adopted 4/1 (Commissioner Berry opposed) B. OTHER STAFF'S COM/~Ut;ICATIONS BOARD OF COUNTY COMMISSIONERS' COMM~{ICATIONS Executive Session to be held at the conclusion of the meeting in the BCC's conference room. 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. Approved and/or Adopted with changes - 5/0, with the exception of Item #16B13 - 4/1 (Commissioner Constantine opposed) COMICUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Petition C-99-10, Terry Wolfson, President, Collier County Agricultural Fair and Exposition, Inc., requesting a permit to conduct the annual Collier County Agricultural Fair on January 7 through 15, 2000, at the Collier County Fair Grounds located on Immokalee Road (SR-846) North Golden Gate. Carnival Permit 99-10 PUBLIC WORKS 1) Approve Change Order related to the Reclaimed Water Back Pressure Sustaining Valves Project, Contract 98-2874, Project 74020. With Mitchell & Starke Construction Co., Inc. in the amount of $30,645.00 2) Approve a Budget Amendment to transfer funds to cover Construction [4anagement and inspection in fiscal year 2000 for the Proposed Pathway cn U.S. 41. Project #61009. Recommendation that the Board of County Commissioners approve the staff selection of firms, authorize staff to negotiate Agreements with firms for ~ne Fixed Term Material Testing Services (RFP 99-2962) and extend the existing Agreement (RFP 95-2388) for sixty days. As outlined in the Executive Summary 4) Approve Professional Services Agreement with Tilden Lobnitz Cooper, Inc. and Anchor Engineering Consultants, Inc. for the Fixed Term [~echanical/Electrical Engineering Services (RFP ~99-2929) . 5) Approve Amendment to Work Order TLC-ME-98-2, to provide additional Engineering Services for Master Pumping Stations Motor Control Renovations, Project 73044. With Tilden Lobnitz Cooper, Inc. in the amount of $3,000 6) Accept a Utility Easement for irrigation facilities for the beautification of the Immokalee Road median. 7) That the Board of County Commissioners (BCC) direct staff to initiate Amendment of the County-Wide Lighting District Ordinance for the purpose of providing street lighting in certain areas of Collier County. Staff to schedule public hearing for December 14, 1999 to consider amending Ord. #72-1, as amended. Approval of a Budget Amendment in the Clam Bay Restoration Fund. 9) Approve Work Order Amendment ~WMBP-FT-99~03-A01 for Fixed Term Professional Engineering Services related to the Signalization Design of Livingston Road (Radio Road to Golden Gate Parkway). With Wilson, Miller, Inc. in the amount of $18,904.42 Continued to 11/23/99 10) Approve Change Order Uo. 1 (C) (Final) to Contract No. 97-2771, Removal of Non- Specification Material from the Uaples Beach. Rejection of Bid 98-285t for purchase of chemicals for Odor and Hydrogen Sulfide Control. With approval to purchase Bioxide from U.S. Filer as a sole source for Hydrogen Sulfide and odor control for the Wastewater Collection system 12) Recommendation to execute the Notices of Claim of Lien [or the enforcement of the Notice To Pay Sewer Impact Fee for certain properties located in the former Rookery Bay Sewer Service Area. 13) Approve an Agreement to purchase a Wind Based Odor Control System for the Naples Landfill and authorize the Chairwoman to sign the Agreement. In the amount of $248,880.00 with a buy-back claus~ (Commissioner Constantin~ opposod) C. PUBLIC SERVICES 1) This item has bee~ deleted. Approve an agreement for '.;ale and purchase for additional property needed to complete the future North Naples Regional Park. With William Donovan & Patricia Anne Granados (f/k/a Patricia Anne Donoran) 3) Approval of additions to agreements and run- time Library use License Agreement between Data Research Associates, Inc. and Collier County Board of County Commissioners. This item has been deleted. 5) Approve a budget amendment for the purchase of the Roberts Ranch property. 6) Approve a budget amendment to ~und construction of a neighborhood park. In the amount of $95,000 7) Approve a resolution establishing policies and procedures for indigent burials and cremation and direct staff to negotiate an agreement with willing area funeral homes. Res. 99-408 D. SUPPORT SERVICES 1) Authorization of Work Order VL-00-1 Under the County's Annual Architectural Contracts for Victor J. Latavish, AIA to Design a Satellite Building at the Golden Gate Government Center Complex. Moved to Item #SD1 Approval of Rokey-Barber Insurance. Ser'zices, Inc. as the Counts"s Group Health Claims Administration Company. 3) Approve a Budget Amendment for Accessibility (ADA) Requirements for the Fourth Floor of the Courthouse and to Provide a "High Technology Courtroom" . As described in the Executive Summary and change order authority not to exceed the project cost center E. COUNTY ADMINISTRATOR 1) Budget Amendment Report - Budget Amendment ff00- 023; #00-024; ~00-0387 #00-037. F. BOARD OF COUNTY COMMISSIONERS G. EMERGENCY SERVICES H. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to £iie for record with action as directed I. OTHER CONSTITUTIONAL OFFICERS A Resolution authorizing the borrowing of an amount not to exceed $3,060,000 from the poeled commercial paper loan program tc construct a Domestic Animal Services facilit)'. Res. 99-409 J. COUNTY ATTORNEY 1) A Resolution authorizing as a valid public [:urpose, expenditures of £unds for Count}' Commissioners to attend functions of f- ~ business, environmental, educational, charitable, social, professional, trade, homeowners° ethnic, and civic a:~scciatio:~:~ organizations. Res. 99-410 2) To provide a legal defense £or a count'/ employee pursuant to Collier Co~]nt':' Resolution ,';o. 95-632. K. AIRPORT AUTHORITY 17. $LrMIZARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS ARqD MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLA/~q~ING COM/~ISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD! AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. Continued to 12/14/99 A. Approval of an Ordinance amending Ordinance Number 99-46 (The Land Development Code) to correct a scriveners error due to the omission of an amendment to facilitate the administrative approval of preliminary subdivision plats heard and approved at a Public Hearing on June 16, 1999. Petition PUD 95-12(1), Mr. Robert Duane, AiCP, of Hole, Montes & Associates, Inc., representing the First Baptist Church of Naples, requesting an amendment to a previously approved "PUD" namely the First Baptist Church of Naples PUD for the purpose of increasing the maximum building height and to add a museum as an accessor}, use for property located on the west side of Livingston Road and the east end of Ora~ge Blossom Drive in ~]ection I, Township 49 South, Range 25 East, Collier County, Florida. Ord. 99-78 Petition CU 99-24, Jerry Neal of Purse Associates Inc., representing Capri Christian Church, Inc. requesting approval of a conditional use for the expansion of an existing church located at the corner Capri Boulevard and Hilo Drive on Isles of Capri. Res. 99-411 Petition V-99-i7, Ana L. Aleman, representing Irais and Nancy Pando, requesting an after-she-feel variance of 5 feet from the required side yard setback of 30 feet to 25 ~eet for property located at 4860 Sycamore Drive, further described as the east half of Tract 120, Unit 34, Golden Gate Estates, Collier Count~', Florida. Res. 99-412 Petition V 99-18, Jim Titsch, of Titsob & Associates Architects, representing Freeland & Schuh, Inc., requesting a 10-~oot front yard variance to 15 feet from the required 25-foot front yard setback for property located at 1229 Airport-Pulling Road, known as Freeland Nissan Automotive Dealership in Section 36, Township 49 South, Range 25 East, Collier Count~', Florida. Res. 99-413 Petition VAC 99-13 to vacate a 10' wide drainage easement on Lot 5, according to the plat of "Bayfront Gardens", as recorded in plat book 14, pages 114 through 117, Public Records of Collier County, Florida and to accept a !0' wide drainage easement as a replacement easement on said Lot 5, located in Section 6, Township 48 South, Range 25 East. Res. 99-414 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY ADMINISTRATOR'S OFFICE AT 774-8383. AN EXECUTIVE SESSION TO DISCUSS COLLECTIVE BARGAINING ISSUES WILL BE HELD IM]~EDIATELY FOLLOWING THE REGULAR BOARD MEETING. ~ 11/09/1999 B9:~B ~177~01~ (~l.lll¥ ~GER P~E 81 ,t G E ~'DA .CtlA .BO/IRD OF COU,¥TY CO,*~M]~IOtVER$' ~4KErlNq NO.;/.E3 fB ER ~, 19 ADD. T 1,4 8 A' 4 - PROPOSED LEGISLATION FOR ADMINIS'I'P,A lION TELECOMMUNICATIONS FLAT TAX AT STATE LEVEL. (STAFF'S REQUEST) ITEM g B 2 - REQUEST APPROVAL 'TO WAIVE LANDFILL DISPOSAL FEES FOR CONSTRUCTION DEBKIS FROM THE "BUII.D A tlOX~ FOR GEORGE PROJECT' D; IMMOKALEE. {STAFFS REQUEST). : M 10 E - BENEFIT CONCERT TO COLLECT FOOD FOR THOSE IN NEED DURING , j THE HOLIDAYS. (CO,NtMISSIONER CONSTANTIT, E). w__iTHDRAW: JT__.EbJ_J~fB.}LLLz PE'[ITION PUt) 95-16(I) US 11OME CORPOFLATION ILEQUESTD:C, A P~-ZONE FROM PUD TO ?UD F, NONVIq AS CEDAR tiAMMOCK PUD FOR '[tie PURPOSE OF A'.IFNDFNG TIlE PUD DOCUMENT }LAVING THE EFTECT OF REVISFNO THE ROADWAY r'RO$$ SECTIONS AND APPLICABLE TEXI' OF [HE PLFO ~M~NT TO SUBSTITUTE TWO, FOUR FOOT W1DE BIKE LANES FOR REQUIRED FIVE FOOT WIDE SIDEWALK ON ONE SIDE OF CEDAR }{A,MMOCK BLVD. (PETITIONER'S REQUEST'). CONTTNUF.. TO I I,'23 ME. ET[NG: ITEM 16(B~(10) - APPROVE CI'LANGE ORDER NO. I(C)(FINAL) TO CONTRACT NO. 9'7.2771, REMOVAL OF NON.SPECIFICATION MATEP.IAL FROM TIlE NAPLES BEACll. (COIfNTY AI-I'ORNEY'S REQUEST) CONTINUE. ITEM 1'7(A) TO 1204 ME~ETING - APPROVAL OF AN ORDINANCE AMENDING ORDINANCE NO. 99.a6 (THE LAND DEVELOPMENT CODE) TO CORRECT A SCRIVENERS ERROR, DUE TO THE OMISSION OF AN AMENDMENT TO FACILITATE THE ADMINISTRATIVE APPROVAl. OF PRELIMINARY SUBDIVISION PLATS. (STAFF'S REQUEST). NOTE: IIEM I.)(A)(I) -KEQUEST lt))S H%M ~E H~fRD AF~B T)~Lk~CIt BREAK~ P~ITIO~ CU-99-08, REQUEST~G CONDI~ONAI. USE "11" OF ~(E "A" ZONING DISl~Cl FOR A GC~F COURSE PROCLA31A TION WtfEREAS, the Neapolitan Civitan Club wa.~ chartered in 1989, ten years ago; and, ;HIEREAS, the Neapolitan Civitan Club is part of an international organiu~tion with the motto, "Builders of Good Citi:.cnship "; anti, [fftlEREAS, the Neapolitan Civitan Club is to be recognized as an llanor Club of Excellence; anti, the Club participates in a variet)' of programs and projects aimed at meeting the needs of the communiO, such a.~ funding scholarships for summer youth, fund-ralsing for public television, building playgrounds for children and scholarships for Step by Step; antl, the Club's crophaMs i.~ helping people with developmental disabilities locally with I O0 percent of its ('antl)' Box Project proceeds going to help imli~'idtial.~ with developmental disabilities; WItEREA3', WIIEREAS WIIEREA Civitan funds the Civitan International Research £'cnter, a research and treatme~t facility for individuals with disabilities located at the Univer.~it)' of Alabama at Birmingham; and, Civltan provides th'rect .¥ttpport to the local progrant~ of ,~)wcial ()O't~tpic.~~ and to the programs of TECII of Collier Count), as pan of its major empha.~i.~; the Neapolitan Civitan Club will celebrate its tenth anniversary .n Nm'entber the Sixteenth by awarding grants ta local organizations who ~upport und as.sist individuals with developmental disabilities. NOW TIIEREFORE, bd it proclaimed by the Board t( County Commissioners of Collier Co~ty, Florida, that Tuesday, the 16~ t( November 1999 be designated as ~. : . ::!:'( ~ NEAPOLITAN CIVIl)IN I)A Y DONE AND ORDERED TIILg 9TM Day of November 1999. ' BOARD OF COUNTY C'OMMI.V,5'IONER.$' COIfI~R COU?~ TI, FLORIDA ~{ AMEI,A S. MAC KIE, CII~\'-~,WOMAN / WIfERE. AS, WHEREAS, WHEREAS, IVIIEREAS, WIIEREA& PROCL,.IMA TION every child has the right to grow in a secure, 1ovingfimtily ,nd adoption £~ a positive way to baild a family; and, the Adoption Task Force of Southwest Florida, Inc. ~ a collaborative effort communiO' agencies and individuals to create and increase awarene.~ ~ of adoption; and, the Adoption Task ?orce of Sottth west Florida, Inc. 's purpose i~ to prn vide resources and edacation on the variou~ aspects of adaption and to promote positive attitudes towards adoption; and, adoption brings untold bette fit., to Uollier CounO' resident.~ that are affected by the adoption proce.~.~. Thi.~ inciteale.; betuTffts to birth parents, adoptive parents and the children placed in adoptive homes as well as their extended families; a n cri~ig pregaancy i~ a problem in Uollier I~'ottttt. v and adoption is a positive option titat is not ahca)'$ considered due to a lack of awareness and edacation. NOW TIIEREFORE, be it proclaimed by the Board of County Commt~qioner.~' of Collier Cotetreys Florida, that the Month of November I999 be designtreed a.v COLLIER COUNTY ADOPTION MONTH In honor of thi.~ ecen, we encourage citizens, coremernie), agencies, religiou, organii~atlons, business, and others to celebrate adoption and hont~r the fam.iliel that grow through adoption. DONEAND ORDERED Tills 9th Day of November 1999. BOA lid OF COUP,'TY COMAIISS'IO?~'ERS COLLIER COUNTY, £LORIDA D 3 PROCLAM,4 TION WtlEREAS, November 21.27 is National Farm-CiO' Week, a time set aside to recognize and honor the contributions of oar couttlr)"s agrict~ltaralists and to .~trengthcn the bond between urban and rural citi.~cn~: and, WIlERE,IS, in Coltier County the highpoint of Farm. C'i!y LUeek L, tl, e annaal Farm-City Barbecue, sponsored through the efforts of Collier CounO"s University Extension Service, Collier Count)' Farm Bureau, the Barron Collier Companies and the Golden Gate, Immokalee and Naples A tea Cttambers of Commerce; and, tVIJEREAS, agriculture is an important clement in Collier Cottnt)'~s economic machine, with total economic activit)' of over $300,000,000.00 annaall)'; and, ItTIEREAS, I[TIER E~tS, ! VIIER E/! S, Collier Count)' rank.~ 21" nationall)' out of the nation ~ 3, I50 counties in total value of crops sold; and, the Board of Collier CounO' CommL~s[oner$ $upportg local agriculture thraugh.orograrns including cooperation with the Universi Cooperative Exter. sion £ervice; and, we encourage all citizens to pause to recognize the contributions ~ our local farmers and ranchers to our economy, our food supply and ottr society. NOW TIIEREFORE, be it proclaimed by the Board of County Commissioners of Collier County,.Florida, that on behalf of the citizens of Collier County, great appreciation and honor is owed to all of this county~s agriculturalLYts, and that Novetnb~ 21.27, 1999 be designated a~ · F~,RM-CITY WEEK DONE A.%'D ORDERED TIIIS 9th Day of November I999. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PAMELA S. MAC KIE, CllAIRWO~¥AN PROCLAMA 7'ION WIIEREAS, IVttEREAS, WHEREAS, I! 7IER EA S, II7IEREAS, WIIEREAS, Florida's massive and diverse state park system with over 500,000 acres and 151 park properties, has received national recognition for its state parks partnerships, its cutting edge resource management, recreation progrant,, and its innovative ecotourism marketing initiatives; and, more than 1,900 public and private partners have been recruited inchMing the County and Local go vern men ts with in Collier Co un ty along with private b.siness and citizens of Collier Coant)' who help provide expanded resource- based recreational opportunities for the 1.5 million annual v£,itors Florida's state parks; anti, some 60 clti~en support orgaalzations support Florida's state park system, including the Friends of Fakahatchee Strand, Friends of IYiggins Pass, and Friends of Collier-Seminole State Park and volunteers last year provided 760,000 hours of service equivalent to 365full-time employees; anti, in addition to preserving one-half million acres of Florida 's fine,t, most pristine natural areas for enjoyment b), this and future generations, Florida's state park .D'sten~ ha* direct positive economic ira?act of 2 73 million dollars and ha, created 8, lOOjobs for Florida's communities; and, recently at the Nattonal Recreation and Park Association Ann ttal Conj~res$ meeting itt Nash ville, Tennessee, :he National Sporting Goods Association awarded the prestlgions 1999 "State Parks Gold 3[edal" ta Florida's state park system, i. eCogniziug it as .the best state park system in all 50 states; and, the Governo~ a.d Cabliter, sitting as lhe Board of Trustees of the Internal lmprovemb.t Trtt~t Fund which hold, title to these lands on behalf of Flo~4da's citizens, has proclaimed titat lhe entire tnonth of November 1999 be aeiebrat~d statewhle bt honor of FLORIDA 'S STA I'E PARKS... VO TED AMERICA'S BEST and attthoriz~d the Department of Environmental Protectlo, to ceh, brate publicize the ercellence of Fb~rida's state parks system by designatlttg November 20, 1999 as "Free Day" when park entrance fee., ,'ill bc waivcdJbr all viMtars.' ' NOW TIIEREFORE, be ilp?oclabned b), the Board of County Commissioners of Collier Cou. O', Florida, that the 20tn of November, 1999 be desigaated as STATI; I'ARK RECOGNITION DA Y IN COLLIER COUNTY DONE,.I:";I~ OltDI~RI;D Tills 9th l)ay of Nm'ember 1999. DBfG(JT E. BROCK, CLERK ItOA RD OF COUNT}' UO,It.lIISSIONER.q' COI. I. IER COUNT}; l,'l.t)RIl)..I RESOI.UTI()N NO. 99-415 8A2 I{k'SOI.UTION NAMING \VIIITE LAKE BOI.II,I~,VARI). W}IICI{ STREET 1S LOCATED EAST OF C.R. 951 AND NORT}I OF 1-75 (INTF. RSTAT['; ttlGIIWAY) IN SECTION 29. TOWNSflIP 49 SOUTII, RANGE 26 EAST, COLI.IER COIJNTY. FI.ORIDA. \VIII~RILAS. tl;c Board of County Commissioners is auti]orizcd pursuant to authority of Chapter 336.05. Florida Statutes. to name sireels and roads, except for certain state roads; and WIIEREAS. the Board of County ('ommissioncrs has bccn requested to establish linc name of Wlfilc l,akc Boulevard to a street which by custom has been named Sanitary Landfill Road which is located cast of C.R. 951 and north of 1-75 (Interstate t lighway) in Section 29. Township 49 South. Range 26 East. ('ollicr County. Florida; and WIIEREAS, there ;t0pcars to he no street in Collier County with Ihis name or any similar sounding name; and WItEREAS. il is necessa0' for idcntification purposes Io coiltirol the name of this siroct; NOW 'I'11ERI!FOI{f! BE IT Rl!SOI,Vl!l) BY TIlE B()ARD OF ZONIN(i APPEAI,S of ('oilier ('ounty. Florida. that: The name of this street is hereby established as White l,akc Boulevard and is confirmed as such. BE IT RESOLVED that Ibis liesolution be rccorded in the Public Records of Collier ('ounly. Florida. and noted upon the maps of the sireel and zoning atlases of Collier County, aml notations made on the referenced I%1. This Resolution adopted after nlolion. second and majority vote. Done this _ , ix~ day ol'__~.2&~Z~~, 1999. ATTEST: DW[GflT F.. BR()CK, Clerk M. Student " - - Assistant County Attorney BOARD OF ZONING :\PlffiAl~S ('Ol,[A[~ COUNTY. FI,ORII)A PA~IELA S. MAC'KIE, CI IAfRWOMAN ,SA Petition of Support for Gateway Triangle/Bayshore Area Community Redevelopment Agency I sttpport the redevelopment of the Gate}ray Triangle/Ba)'shore Area a~d the creation of a Commttnity Redevelopmettt Ageno: ._~ Name Address .... ~-~L " ' ........', ...........; .................... .,' / ?/ Telephone //' Please return to Kathleen Slcbodnlk at 775 3491 by November 8th, 1999. Petition of Support for Gateway Triangle/Bayshore Area Community Redevelopment Agency I support the redevelopment of the Gateway Tria.gl'e/Bayshore Area and tlte creation of a ContmuniO, Redevelopment Ageno'. (") 7:,:. 4 - r e'~f? ? : :.z -/) ~",b Please return to Kathlcen Slcbodnik at 775 3491 by November 8th, 1999. ,8A3 Petition of Support for Gateway Triangle/B~yshore Area Community Redevelopment Agency I support the redevelop.tettt of the Gateway Triangle/Ba)'shore Area and the creation of a Community Redevelopment Agenc): Please return to Kathleen Sicbodnik at 775 3491 by November 81h, 1999. ,8A3 Petition of Support for Gateway Triangle/Bayshore Area Community Redevelopment Agency I support the redevelopment of the Gateway Triangle/Bayshore Area and the creation of a Comntttnity Redevelopment Ageno: Plca.,e rcturn to Kathlccn Slcbodnik at 775 3491 by November 8th, 1999. ,8A3.~ Petition of Support for G~teway Triangle/Bayshore Area Community Redevelopment Agency I support the redevelopment of the Gateway Triangle/Bayshore Area and the creation of a CommuniO, Redevelopment Ageno: Name Address Telephone ' ~ fV'"' · ! ... t ,. j' ,,. , // . ~ .... ./,, ' ' '"' '"','Z'" ~ ,'-//", 1:)' / ~ ,' .~ · ' '/ "~ ,' '"' it''" ~ ' hr,,'/!" .,.... ,.... ,. / . .': / '/' -/' I I , ~' / ' ,. / ,, " . r . ........... : ............ :...': :: ........ : .......... /-! -, ~', ' / ./'. .,,- ..... ~~_>... .~..: ....... ~ ,~. ~: :. ~ ~-.~,.:.:..::~.:...~: .......... .... ..................... \~leasc return to Kathl¢¢ ; 3491 by November 8th, 1999. ,8A3, Petition of Support for Gateway Triangle/Bayshore Area Community Redevelopment Agency I support the redevelopment of the Gateway Triangle/Bayshore Area attd the creation of a Connntlnity Redevelopment Ageno~ Name Add tess ,, '>.:.: L:5,:_~,>- Telephone Please rcturn Io Kathlccn Slcbodnik at 775 3491 by November 8th, 1999. .,t Petition of Support for Gateway Triangle/Bayshor¢ Area Community Redevelopment Agency I support the redevelopment of the Gateway Triangle/Bayshore Area and the creation of a Commttnity liedevelopment Agency. Name Address .i Telephone cl ,.:~ I -'7.5 Z-'7 7-7] Please return to Kathlccn Slcbodnik at 775 3491 by Novcmbcr 8th, 1999. Petition of Support for Gateway Triangle/Bayshore Area Community Redevelopment Agency I support the redevelopment of the Gateway TriangleJBayshore Area and the creation of a Community Redevelopment Agency. Na me Address Telephone /, ~: '/ ? '/ '/- :~2'? t Plea.~ return to Kathlee~ Slcbodnik at 775 3491 By November 8lb, 1999. 8A Petition of Support ~or Gateway Triangle/Bayshore Area Community Redevelopment Agency I support the redevelopment of the Gateway Triangle/Bayshore Area and the creation of a Community Redevelopment Agency. Name Address Telephone return to Kathlecn Slcbodnik at 775 3491 by Novcmbcr 8th, 1999. / L-/ - f-:-'f L, Petition of Support ~or Gateway Triangle/Bayshore Area Community Redevelopment Agency I su£port the redevelopmen! of the Gateway Triangle~Bayshore Area and the creation of a Commttttity Redevelopment Agency. Name Address Please return to Kathleen Slcbodnlk at 775 3491 by Novcmbcr 8th, 1999. Telephone '7/,Y- d'>', ? / -? ',7 :.~ --?3c'v- n-v X- :? Petition of Support for Gateway Triangl¢/Bayshore Are~ Community Redevelopment Agency I su££ort the redevelopment of the Gateway Triangle/Bayshore Area and tile creation of a Commttnity Redevelopment Agenc): Name Address Telephone Picase return to Kathlecn Slcbodnlk at 775 349I by November 8th, 1999. Petition of Support for Gateway Triangle/Bayshore Area Community Redevelopment Agency I support the redevelopment of the Gateway Triangle/Bayshore Area and the creation of a Conlmttttity Redevelopment Agency. Name Telephone Please return to Kathleen Slcbodnik at 775 3491 by November 8th, 1999. Petition of Support for Gateway Triangle/Bayshore Area Community Redevelopment Agency support the redevelopment of the Gateway Triangle/Bayshore Area and the creation £a Commltnity Redevelopment Agenc): Name Address Telephone ~ v- ~, . . 'r~( ~,-f,, D ,~: /.'~ c~ ,.,~r,~ '~,. 7 .".,: Plea~: rcturn to Kathlccn Slcbodnik at 775 3491 by November 8th, 1999. Petition of Support for Gateway Triangle/Bayshore Area Community Redevelopment Agency I support the redevelopment of the Gateway Triangle/Ba.l'shore Area and the creation of a Community Redevelo£ment Agenc): Name Address Telephone Plea~ return to Kathleen Slcbodnik at 775 5491 by November 8th, 1999. Petition of Support Gateway Triangle/Bayshcrc Area Community Redevelopment Agency I support the redevelopment of the Gateway TrianglefBayshore Area and the creation of a Cotttntttltity Redevelopment Agency. Name Address Telephone _ ,,,. ( , (',~ '..,:~.!· ..,,,~, ~... :./.,~/.':..-,":,. Plca~ rcturn to Kathlecn Slebodnik at 775 3491 by November 8th, 1999. Petition of Support for Gateway Triangle/Bayshore Area Community Redevelopment Agency I support the redevelopment of the Gateway Triangle/Bayshore Area and the creation of a Community Redevelopment Agency. Name Telephone Address .../..o,..~...-:..~ :.STT_~Y... ....~ .x:./4~¢.--. I :.?¢-.::: ....... .......... ::::::::::::::::::::: ....... ................... ............... I ..............:i':4"cj~": ............i>,: ............!5'~'i Plea~ return Io Kathleen Slcbodnik al 775 3491 by No~'ember 8th, 1999. 8A 3~ Petition of S ort ~upp for Gateway Triangle/Bayshore Area Community Redevelopment Agency I support the redevelopment of the Gateway Triangle./Bayshore Area and the creation of a Contmtttdty Redevelo ~ment Ageno: Plea.re return to Kathleen Slcbodnik at 715 3491 by November 8th, 1999. Petition of Support for Gateway Triangle/Bayshor¢ Area Community Redevelopment Agency I support the redevelopment of the Gateway Triangle/Bayshore Area and the creation of a Commttttity Redevelopment Agency. .JhTame Address Telephone ,..~:..'...; ......... ,.....7 ........ /~:~....~..t.~,n ~ -> <..~1'~ . .' / /................................................................................:k '? :' Please rcturn to Kathleen Skbodnlk at 775 3491 by November 8th, 1999. Petition of Support for Gateway Triangle/Bayshore Area Community Redevelopment Agency I sup£ort the redevelopment of the Gateway TriangleYBayshore Area and the creation of a Comnttttlit), Redevelopment Agency. Name Address Telephone Please return to Kathleen Slcbodnlk at 775 3491 by November 8th, 1999. Petition of Support for G~teway Tri~ngle/Bayshor¢ Area Community Redevelopment Agency I support the redevelopment of the Gateway Triangle/Bayshore Area and the creation of a Community Redevelopment Agenc): Name Add ress Telephone Plea~ return to Kathleen Slcbodnik at 775 3491 by November 8th, 1999. Petition of Support for Gateway Triangle/Bayshore Area Community Redevelopment Agency I support the redevelopment of the Gateway Triangle/Bayshore Area and the creation of a Conununity Redevelopment Ageno'. Name Address Telephone Pleas~ return to Kathleen Slebodnik at 775 3491 by November 8lb, 1999. Petition of Support for Gateway Triangle/Bayshore Area Community Redevelopment Agency I support the redevelopment of the Gateway Triangle/Bayshore Area and the creation of a Community Redevelo ~ment Agency. Name Address Telephon~e ~,,, !~.......q...:......r::... :~..~..~,..,.,..~!c.,...?.:~.......¢::..~..~.~!. .............. , ,/:- _:~ ~ , (o.~f~.,.,.,~.~/. :,,~q : - .: -: .., ........................ ,, ..... ~/_:~. ~ '-Oh ~, ,,:>--/,-,, . ,~ ........ ~ ................ ~ ................ ~ ........................ ~ ........................ . ........................... ~. ................... 7, :- ~' 7 ~ { ~ ~ .... ~ ......... L.~. ....~:~.~. ...~.'~ ........ ~ t....,.~.~ ......... ~J...x ................ Please return to Kathleen SIcbodnik at 775 3491 by November 8th, 1999. 8 Petition of Support for Gateway Triangle/Bayshore Area Community Redevelopment Agency I support the redevelopment of the Gateway Triangle/Bayshore ,4 rea and the creation of a Community Redevelopment Agency. Name Add ress Telephone .::.. ;' !. x~....:s:,.....,:. :': ..~>.~,:' . . - -X~~ ....... ::~ .... .:~..::~:.:~- .....~ ..: Plca~ return to Kalhl¢¢n Slcbodnik at 775 ~491 by November 8th, 1999. GROUP IIEALTll ADMINISTRATIVE SERVICES AGREEMENT 8D 1 Tills Agreement is executed the 1st day of .January 1, 2000, by and bctwccn Collier County Government hereinafter referred to as the "Plan Administrator" of Collier Count)' Government Flexible Reimbursement Plan and, Corporatc Benefit Services of America, Inc. dba Robcy-Barbcr Insurance Sc~'iccs Corporation. 10159 Wayzata Boulcvard, Minnctonka, Minnesota 55305, hereinafter referred to as "Contract Administrator". WHEREAS. the Plan Administrator has established an employee bencfit plan, hcrcinaftcr referred to as the "Plan". which provides for payment of certain welfare benefits to and for certain eligible individuals as defined by the Plan's master plan document, such individuals tx:ing hereinafter referred to as "Plan Participants": and WtfEREAS. the Plan Administrator &sires to engage the services of the Contract Administrator to act as agent for the Plan Administrator and provide administrative services for the Plan; NOW, TifEREFORE, in consideration of the mutual covenants and conditions ct~ntained herein. the parties hereto agree as follows: SECWIf)N I I)UTIF. S ANI) RI&qI'()NSIIIII,ITIES ()F i'i,AN AI)MINISTRAT()R 1.01 1.02 1.03 1.04 1.05 The Plan Administrator, through its Risk Management Director. relains all linal authority and responsibility for the Plan and its operation. The Contract Administrator is c~npowcrcd to act only as expressly statcd in this Agreement or as mutually agreed it) in writing. The Plan Administrator, through its Risk Management Director. shall have final authorit.,,' in determining the eligibility of claims to be paid by the Plan with the cxpress exception of the amount of any claim eligible for reimbursement pursuant to the applicable stop-loss policy. The Plan Administrator shall have final aulhority in directing the investment and use of Plan assets. The Plan Administrator shall bc responsible for funding to a sufficient level to ensure prompt payment of all expenses incurred by the Plan. The Plan Administrator shall be responsible for collecting all appropriate contrihuti~ms to the Plan from all Plan Participants. 1.06 Duties of the Plan Administrator: a) provide the Contract Administrator with plan enrollment information including but not limited to completed cnrolhncnt forms. In addition. for all eligible employees previously covered, the Plan Administrator shall furnish prior effective dates of coverage. prior plan benefits, and information regarding satisfaction of deductible and co-insurance payments. o 12~coB RA b) nc, tiry lite Contr.',ct Administrator on u monthly basis of any changes in eligibility and participation. Notice of Plan Participant tcrmin:mon must be given within 30 days of Ihc termination, Credits fi)r rcinst, r:mce prcmiums and administrative fccs will not be retroactive beyond two months or m the beginning of Ihe currcnt slop.loss conlracl, v;hichcvcr timc per/or is shoncr; c) review. approve and distributc to all eligible Plan P:micipants all appropriate and ncccssaD' materials and documents. including but not limited to. summaW plan dcscfiplions. Plan Document amendments, identification cards. enrollment forms. applications and notice fo~s as may bc ncccssa~ for the operation of the Plan or to salisfy Ihc rcquircmcnts of state or federal laws or regulations; d) satisfy all reporting and disclosure requirements imposed by law; 1.07 The Plan Administrator. to the extent permitted by law. agrees to defend, indemnify and hold harmless the Contract Administrator, its directors, officers, representatives and employees against any and all claims. lawsuits. settlements. judgments. costs, penalties. damages and liabilities. including reasonable attorneys' fees. resulting from or arising out of or in connection with an.',, function of the Contract Administrator under this Agreement or with a claim for benefits unless the court rendering the judgment or the agency making the award determines the liability underlying the judgment or award was caused by negligence, fraud, or criminal conduct by tF, e Contract Administrator. Negligence by the Contract Administrator shall not include an;' act or omission which is reasonable. made in good faith, and within acceptable industry sland:mls. SEC-FION 2 DIZFIES ANI) RF. SI'()NSIII!I,ITIF~ OFTIll'; (X)N'I'!,b\CT AI)MINISTI,bVFOR 1 2.01 The Contract Administrator agrees to perform the following administrative set'vices for the Plan Administrator: a) assist in the preparation and printing of a master plan document. summary plan description. identification cards and other malcnal neccssal~' to Ihc operation of the Plan: b) process :red actjudicate all claims presented for payment: c) respond to inquiries from the Plan Administrator, Plan Participants and service providers concerning requirements. prtx:cdurcs or benefits of the Plan: d) rcvicw all applications for covcrage undcr the Plan in accordance with underxvriting guidelines b:,scd upon accepted industry practices and executed in a nondiscriminatot.'y manner. to provide assistance in determining eligibility for status as a Plan Participant; c) maintain all claim files for the Plan: prepare and provide monthly fund accounting reports; '3 2.02 2.03 01 ~d~)6CODRA g) h) I) j) k) i) m) provide the Plan Administrator with monlhly reporls and summary report of the operation of its Plan; an annual 'Sg 1 provide information necessary. for and assist the Plan Administrator in preparing reports required by any local. state or federal government pcrtaining to the operation of the Plan. Additional comtx:nsation shall be negotiated bctween the parties where required reporting or disclosure would require the Contract Administrator to incur additional exix:nse to collect required information: assist the Plan Administrator in the procurement of stop-loss coverage. if requested; prepare a monthly billing statement and collect and remit all in,;urancc promir, ms and vendor fees. if requested. perform COBRA administration services on behalf of the Plan Administrator to include participant notification. processing applicable applications, and premium collection and remittance to Plan Administrator. perform ItlPPA administration on behalf of the l'lan Administrator to include the maintenance of creditable service information and communication of same to employees {~r employers who inquire. provide an on sile customer service representative 1o the Ph,n Administrator in accordance with the lZcs included in Exhibit A and tbc services selected by the Plan Administrator, through its Risk Management Director. Plan Administrator shall provide office space. furniture. and utilities at its expense. Contract Administrator shall provide data processing equipment. data connections, data transmission costs, office supplies and any other miscellaneous costs ass~x.:iated with lhe support of the on site representative. It is undcrslood by the panics to this agreement that the on site representative is an cmploycc of the Contract Administrator. The Contract Administrator shall inform tim Plan Administrator of matters that come Contract Administrator's attention regarding appeals and potential legal action involving the Plan. The defense of any legal action involving the Plan shall not be the obligation of the Contract Administrator, but the Contract Administrator shall fully cooperate with the Plan Administrator in the defense of action arising out of matters related to this Agreement. Thc Contract Administrator agrees Io indemnify and hold harmless the Plan Administrator. its directors, officers. representatives :red employees against any and all claims. lawsuits. settlements, judgments, costs, penalties. damages and liabilities. including reasonable attorney's fees, resulting from or arising out of or in connection with any function of the Contract Administrator under lhis Agreement which was caused by the negligence. fraud or criminal conduct by the Contract Administrator. Plan Administrator agrees to provide 3 05~'10~00 Contract Administrator with prompt written riolice o£ any claim for which Plan Administrator believes there is a potential for indemnification obligation on the part of Contract Administr,~tor under the provisions of this Section 2.03. Ncgliscncc by the Contract Administrator shall not include an), act or omission which is reasonable, made in good faith. and within acceptable industry standards. SECTION 3 FEI:~$ ()F TIIE AI)MINISTRAT()R 3.01 Thc Contract Administrator shall rccci',c payment in accordance with it~, proposal and Exhibit A. incorporated by reference and amended each Plan Year thereafter. 3.02 If the Plan Administrator. for an)' reason, fails to make a required fee payment or necessary contribution for claim payment as requested by the Contract Administrator on a timely basis. the Contract Administrator may: a) suspend the performance of its serb'ices to the Plan until such time as the Plan Administrator makes the proper remittance: 3.03 3.04 b) cease all administrative services retroactively to the cnd of the month for which full payment was last received. The Contract Administrator shall have the right to increase fccs if governmental regulation requires additional scrvices, upon pro.,'iding 30 days written notice of such an increase to the Plan Administrator. If the Plan Administrator requests the Contract Administrator t() rc-proccs>, claims duc to .t retroactive plan amendment or change, the Contract /\dmini:;trator '.'.'ill be entitled to compensation at the rate of $5.(X) for each Explanation of Bcncfits ([£OB) v, hich is re-processed. 3.05 RUN-OUT FEI';S: If the Contract Administrator is to continue to pay claims on a run-out basis. after ternfination of the Plan, the following will apply: a) The administration charge in effect at the time of termination ',,.'ill apply. but in no instance ',','ill the administration charge be less than $10.00 per employee per month. b) c) d) The monthly administration charge will ix: billed for three 13) months and is payable as of the termination date. Upon the completion of this three month ix:nod. the fee for services pcffommd will Ix: on :, per claim basis. The Contract Administr;:tor ,.,,'ill prcx:css all claims that are rccc:vcd within six (6) months of termination. The fees to be charged for run-out services shall he ¢lctcrmincd at the time of contract termination and shall be agreed to in ;t Memorandum of 0 i I/_DfCOBIR A 1 Understanding to be signed by the Contract Administrator and Plan Administrator. through its Risk Management Director. 1 SI:.CTi()N 4 I.I;',,11TS ()F T!iF. CONTRACT AI)MINISTI,U\TOR'S I~,I,~SP()NSIll!I.ITY 4.01 The Contract Administrator shall have no responsibility, risk, liability or obligation for the 4.02 funding of the Plan. The responsibility and obligation for funding the Phm shall be solely and totally the responsibility of the Plan Administrator. In the event the Contract Administrator pays any person less than the amount to which the person is entitled under the Plan. the Contract Administrator will promptly adjust the underpayment. In the event the Contract Administrator overp:tys a beneficiary. the Contract Administrator shall take all reasonable steps to recover the overpayment. The Contract Administrator shall have no liability nor be reqt, ired to initiate court proceedings to recover an overpayment. SECTI¢)N 5 SUI~I~O(;ATION 5.01 The Plan Administrator authorizes and directs the Contract Administrator to contract with the subrogation vendor identified in Exhibit A, on behalf of the Plan and its subrogation rights. The subrogation vendor shall pursue subrogation rights on behalf of the Plan. The Contract Administrator shall coordinate v,'ith the subrogation vendor but shall have no affim'mtivc duty to pursue the Plan's subrogation rights. SECTION 6 RECORI)S 6.01 During the term of this Agreement. the Contract Administrator shall maintain lk~r six (6) years following receipt, all records and files in conjunction with the administrative services to be performed hereunder. The lerrn "records and files" shall include the chtim files. unissucd and canceled checks, bank statements, copies of reinsurance applications and contracts, and copies of the account ledger sheets of the plan accounts. 6.02 Individual claim files shall be available to properly authorized persons. Copies will be made available at the Plan Administrators' expense. 6.03 The Contract Administrator shall within fifteen (15) business days following upon receipt written notice from the Plan Administrator. allow the Plan Administrator or an authorized agent to inspect or audit relevant records and files maintained by the Contract Administrator at the administrative office of the Contract Administrator during normal business hours. The Plan Administrator shall be liable for :my and all fees charged by the auditor. The Contract Administrator shall be furnished with a copy of the auditor's final report. Auditors will be required to sign a confidentiality agreement, unless such is not [x:nnitted pursuant to the Florida Public Records laws. 01"~OBRA 5 05/10,'00 7.02 This Agreement shall constitute the entire contract between the parties and no modification or amendment hereto shall be valid unless in writing and signed by both parties. SECTION 8 TERMINATION 8.01 This Agreement may bc terminated: a) on the Annual Renewal Date, by giving written notice of termination thirty (30) days prior; b) on a date other than the Annual Renewal Date by giving written notice of termination sixty (60) days prior: c) upon the date of bankruptcy or insolvency of the Contract Administrator or the Plan Administrator; d) by the non-breaching party in the event the breaching party fails to correct a material breach within fifteen (15) days of receiving written notification of breach of contract by non-breaching party. 8.02 Upon termination by either party, the Contract Administrator shall within sixty (60) days, deliver to the Plan Administrator a report reflecting the Plan Participants' deductible and co-insurance status for the current calendar year as well as a complete and final accounting of the financial status of the Plan. The cost of producing additional reports shall be the responsibility of the Plan Administrator. The Contract Administrator shall retain for five (5) years after termination of this Agreement, all records and files in accordance with standards of insurance record keeping. If the Plan Administrator desires possession of the records and files, the Contract Administrator shall upon the request and at the expense of the Plan Administrator arrange for the delivery of this material to the Plan Administrator or its authorized agent. Upon the receipt of all records and files, the Plan Administrator, through its Risk Management Director shall sign a receipt and hold harmless agreement for the Contract Administrator. SECTION 9 MISCEI,I~ANEOUS 9.01 The Contract Administrator shall upon request, present evidence to th~ :~lan Administrator that it is fully licensed and bonded. 9.02 This Agreement shall be governed by the laws of Florida or, vYherc applicable, federal law. 9.03 JURISDICTION: The venue for any dispute, controversy, claim or dis~,grcement between the Parties arising in connection with this Agreement shall be in the 20'h Judicial Circuit, in and for Lee County, Florida for disputes involving state claims and in the Middle District of Florida. Ft. Myers Division for federal claims. 012~PIrCOBRA 6 8D 1 9.04 9.O5 INSURANCE COVERAGE. The Contract Administrator shall procure and mainiron through the tcnn of this contract the following insurance coverage. The Contract Administrator for the duration of this agreement shall maintain current insurance policies meeting the requirements herein identified. Renewal certificates shall be sent :o the Plan Administrator thirty (30) days pdor to any expiration date. Such ccrtiticatcs shall provide a thirty (30) day notification to the Plan Administrator in the event of cancellation or modification. Contract Administrator shall insure that all subcontractors of Contract Administrator comply with the same insurance requirements that the Contract Administrator is required to meet. Professional l.iability Insurance. Limits of Liability- $1,000,000 each claim. $ I ,{~0,000 aggregate. Workers Compensation and Employers Liability Insurance covcnng all employees in compliance with all state and federal laws. Limits of Liability- Workers' Compensation- Statutory l.imits of Liability- Employers Liability- $500,000 each acciden:. S50(L000 disease- each cmploycc. S500,000 disease- policy limit. Commercial General I.iability Insurance including l]odily Injury and l'mpcrty Damage Liability naming Collier County as an additional insured. Limits: Each Occurrence- $300,000 Personal Injury $300,000 General Aggregate $1,000,000 Products-Comp/Oper. Agg. $I,000,000 Official written notification to either of the parties shall be ma, tc to the fi)llo,.ving persons. certified mail. receipt requested: As to Plan Administrator: Risk Management Director Collier County Government 3301 East Tamiami Trail Naples, FL 34112 As to Contract Administrator: Corporate Benefit Services of America, Inc. dba Robcy Barber Insurance Sen'ices Corporatir)n 10159 Wayzata Boulveard Minnetonka, Minnesota 55343 01 ~606('OBRA 7 0.511 8D 1 IN WITNESS TItEREOF the Parties hereto sign their names as duly authorized officers and have executed this Agreement PLAN ADMINISTRATOR: ' .A .TFF.:S_ T:.., ~ 3; ,..b. WIGI-~. L. E.JBROCK, CLERK .~ :;," ,~. -. ;.. "~ · BY:' ..' ' 'Depu[y,?erk Att..st as to Chalr~an'~ ...' '."-:11:.,~ -" signature OnlI. Approved as to form and legal sufficiency: Robe~ Zac~ary,,"'Assistant County Attorney WITNESSETH: BOARD OF COUNTY COMMISSIONERS COLLIER ~0R]DA CONTRACT ADMINISTRATOR: Corporate Benefit Services of America, Inc. Dba Robey-Barber Insurance Services Corp. 10159 Wayzata Boulevard Minnetonka, Minnesota 55343 Ol IhO6COBRA 8 05/lIMO0 8D 1 EXI lIBIT A AMENI)M ENT TO ADMINISTRATIVE SERVICE AGREEMENT ~t~ ~ J~u~' I, 2~ is ~b) a~ as ~ in ~l~ 3 ~ r~ui~ by the ~p~y~ Rcurc~nt lnc~ S~ur~y Act of 1974 (ERISAI as ~ ~ i* a~ ~ rc~lat~. ~ C(~tract Adminiq~at~. ~ [~ ag~ f~ the plan ~ministrat~. will r~ci~c and pay, m accordance ~ the following £mploye~ P~ Claims Adminislrat~m: Mcqical OilJori I Medical ()pinna 2 iIIPPA Dcmal COBRA Admm~tr:nn,n UR So"', ~:cs/PI~G, Acco, s On~ Tlmc Sd. Up Fcc I~ Pr~,cri~ion Drug AdminlsU'~tioo Prr hourlMC2f.~X) !~i;.:!!~j! The above rcprc~ntsa tree and accuralCdl'~:h)surcoflhcdlslnbutmn tfffccq f~,r thc PI.m hear bc~mnlng.lunu~)1.2(XX] and ~c ~:uarantccd for a pcnod of two (2) ycaJ'~. ending December 31.2¢X}2. Fmurc umcndmcms to EXIIIBI Y Ama,, be c~¢cutcd bv the {'ta:~ Admmlsmm)r ihrnuyh ~ ~ Risk M:maccmcm ii?jDirector. upon approval by ;hc Board nf ('tllillnls%lt,ncr% ' ' ' 05/I0,~0 r81 FLEXIBLE BENEFITS PLAN AI)MINISTRATIVE SERVICF~S AGREEMENT 1 Tills Agreement is executed the 1st day ol. Januar5' 2000, by and betwcen Collier Count,,' Government. hereinafter referred to as the "Plan Administrator," and Robey-Barber Insurance Services Corporation, 10159 Wayzata Boulevard. Minnetonka. Minnesota 55305. hereinafter tel,erred to as "Contract Administrator." WHEREAS. the Plan Administrator has duly authorized and adopted the Collier County Government Flexible Benefit Plan, hereinafter referred to as the "Plan," which may be comprised of health care and dependent care spending accounts as well as premium conversion in order to provide a personalized benefit program for the benefit of certain eligible individuals as defined bv the Plan's master Plan Document, such individuals being hereinafter referred to as "Plan Participants:" and WItEREAS. the Plan Administrator desires to engage the services of the Contruer Administrator to act as agent for the Plan Administrator and provide administrative services for the Plan. NOW. TtfEREFORE. in consideration of the mutual covenants and conditions contained herein, the parties hereto agree as follows: SECTION I DUTIF. S ANI) RESI'ONSIBII.ITIES OF !'I.,\N AI)MINIST!{:\T()I,', 1.01 1.02 .03 The Plan Administrator, through its Risk Management Director, retains all discretionary and final authority, and responsibility for the Plan and its operation, including but not limited to discrctionaD, authority or discretion:tO' controls respecting any management of any Benefit Fund. The Contract Administrator is empowered to act only as expressly stated in this Agreement or as mutually agreed to in v, riting. The Plan Administrator, through its Risk Mam't[zcmcnt Director. is responsible and is the fiduciary for all activities associated with the administration and payments issued or denied by the Plan. and shall have final authority in determining the eligibility of claims to be paid by the Plan. The Plan Administrator hereby authorizes the Contract Administrator to draw checks. drafts or other instruments for the payment of bcncl.its in accordance with the terms and conditions of the Plan and this Agreement. The Plan Administrator shall have final authority in directing the investment and use of any money or other property of any benefit fund. account, or Plan assets. 01 :,fto,t~01i ~<,~, 1 1.04 1.05 The Plan Administrator shall (letermine the funding level required to ensure funding balances sufficient to ensure prompt payment of all expenses incurred by the Plan. The Plan Administrator shall transfer or deposit with the Contract Administrator or maintain their own benefit fund via a bank checking account for flexible spe/tding reimburse,neats. The Plan Administrator retains ultimate responsibility for payment of all claims made under the Plan and all expenses incident to the Plan. The Plan Administrator shall be responsible for collecting all salary reductions from Participating employees and maintain records of all such contributions. 1.06 Duties of the Plan Administrator: 1.07 a) provide the Contract Administrator with Plan enrollment information including but not limited to completed enrollment forms. In addition. for all eligible employees previously covered. the Plan Administrator shall furnish prior effective dates of coverage, prior plan benefits. and information necessary. for the administration of the Plan: b) notify the Contract Administrator immediately of an.,,' changes in eligibility anti participation, Notice of Plan Participant termination must be given immediately. c) document and maintain all reasons for any changes made to existing participants' premiums. Notify Contract Administrator immediately (notification must be prior to following pay period) of said changes if Contrnct Administrator is tracking premium. d) review, approve, cxecute and distribute to all eligible Pl:m Participants all appropriate and necessao' materials and documents, including but not limited to, summary plan descriptions. Plan Document amendments, enrollment forms, applications and notice forms as may be necessary for the operation of the Plan or to satisfy the requirements of state or federal laws or regulation. c) satisfy all reporting and disclosure requirements imposed by law; The Plan Administrator, to thc extent permitted by law, agrees to defend. indemnify and hold harmless the Contract Administrator, its directors. officers, representatives and employees against any and all claims. lawsuits. settlements.judgments. costs. penalties, damages and liabilities. including reasonable attorneys' fees, resulting from or arising out of or in connection with any function of the Contract Administrator under this Agreement or with a claim for benefits unless the court rendering the judgment or the agency making the award determines the liability underlying the judgment or award was caused by negligence. fraud, or criminal conduct by the Contract Administrator. Negligence by the Contract Administrator shall not include an,,' act or omissi(m which is reasonable, made in good faith. anc~ within acceptable industry. standards. 01 '~,,CO It R.~ ~ 05/IOroO SECTION 2 DUTIES AND RE.qPONSIBII,ITIF~S OF TIlE CONTRACT ADMINISTRATOR 2.01 The Contract Administrator agrees to perform the following administrative services for the Plan Admi nistrator: a) assist in the preparation and printing of a master plan document, summar)' plan description, and other material necessary to the operation of the Plan; b) follow the procedures and practices established in the Plan Document and consult with the Plan Administrator on any changes thcrelo, provided all procedures and an.',' proposed changes are in conformance with the terms of the Plan; c) provide assistance in determining the eligibility of Plan Participants to receive benefits under the Plan on the basis of data and in£ormation provided to the Contract Administrator by the Plan Administrator: d) conduct non-discrimination testing on the plan based on highly compensated/key employee information provided to the Contract Administrator by the Plan Administrator; e) determine, in accordance with the Plan, the qualification of any claim submitted by. or on behalf of, any Participant. The Contract Administrator shall not be responsible to determine if a medical reimbursement request is one that is first eligible under the Participant's or any other group health insurance program; this is the Participant's responsibility. The Contract Administrator will review any explanations of benefits provided by the Participant's group health or dental program accompanying a medical reimbursement request to determine the balance due from the Plan. provide the Plan Administrator with a list of reimbursement checks. the amount of benefits paid and the payee of the benefit: g) process Plan Participant's reimbursements as directed by the Plan Administrator, contingent upon receipt of the Plan Administrator's confirmation of Plan contribution information; h) process reimbursements to Plan Participants with funds as provided by the Plan Administrator; i) distribute reimbursement checks as directed by the Plan Administrator; j) provide the necessary inform.'~tion for the Plan Administrator to file the annual 5500 form: 3 2.02 2.03 2.04 k) 8D 1 provide the necessary information to the Plan Administrator for the reporting of dependent care expenses on annual W-2 forms; provide information necessary for and assist the Plan Administrator in preparing reports required by any local. state or federal govcmmcnt pertaining to the opcration of the Plan. Additional compensation shall be negotiated between the parties ,,.,'here required reporting or disclosure would require the Contract Administrator to incur additional expense to collect required information, m) prepare a monthly billing invoice, The Contract Administrator shall info,,'-m. the Plan Administrator of matters which come to the Contract Administrator's attention rc'garding appeals and potential legal action involving the Plan. The defense of any legal action involving the Plan shall not be the obligation of the Contract Administrator. but the Contract Administrator shall fully cooperate with the Plan Administrator in the defense of action arising out of matters related to this Agreement. The Contract Administrator shall have no responsibility or obligation to take action. legal or otherwise, against any employer or employees or other person to enforce provisions of the Plan. The Contract Administrator agrees to indemnify and hold harmless the Plan Administrator, its directors. officers. representatives and employees against any and all claims. lawsuits. settlements, judgments. costs. penalties. damages and liabilities, including reasonable attorney's fees, resulting from or arising out of or in connection with an)' function of the Contract Administrator under this Agreement which was caused by the negligence. fraud or criminal conduct by the Contract Administrator. Plan Administrator agrees to provide Contract Administrator with prompt written notice of any claim for which Plan Administrator believes there is a potential for indemnification obligation on the part of Contract Administrator under the provisions of this Section 2,03. Negligence by the Contract Administrator shall not include any act or omission which is reasonable. made in good faith, and within acceptable industry standards. At the end of each pl:m year the Contract Administrator shall deliver to the Plan Plan Administrator at least ninety (90) days after the end of the plan year. but not to exceed six (6) months, the reimbursement claims, payroll reduction reports, invoices. and respective reports. and enrollment sheets and declines on all Plan Participants for this )'car. If Plan Administrator should request more of the Plan Participants' history after it has been mailed, the Plan Administrator will pay all costs incurred by the Contract Administrator in providing the history, including the cost of programming, computer charges. mailing costs. etc. 05t10~oo SECTION 3 FEES OF T!{E CONTRACT ADMINISTRATOR 3.01 The Contract Administrator shall receive payment in accordance with its proposal and Exhibit A. incorporated by reference and amended each Plan Year thereafter. 3.02 Fees of the Contract Administrator shall tx: paid by the Plan Administrator to the Contracl Administrator within thirty (30) days after the date of the Contract Administrator's billing invoice. A late fee of I% (minimum of $25.00) will be charged for any balance not paid within thirty (30) days of the date due. 3.03 If the Plan Administrator, for any mason. fails to make a required fcc payment or nccessaD.' contribution for benefit payment as requested by the Contract Administrator on a timely basis. the Contract Administrator may: a) suspend the performance of its services to the Plan until such time as the Plan Administrator makes the proper remittance; b) cease all administrative services retroactively to the enu ~f Ihc m,~nth for which full payment was last received. Notify the Contract Administrator. in writing via a Change Form ~,,ay sc f,,cd,. of any participant slatus changes by noon two (2) days prior to the check processing date (including. but not limited to new hires. terminations. unpaid leave of absence. minTiago. divorce. legal separation. birth or adoption of a child. change in employment status. etc). If Contract Administrator does m;t receive required change .fi~r, ds a,ub'or confirmation of contributions. rebnburscmcnr checks will NOT be primed for that ,~cheduh'd procesxing date and will be printed on the jbllmving scheduled procexsing date. 3.05 The Contract Administrator shall have the right to increase fees if governmental regulation requires additional services. or if any change in the Plan results in increased cxpcnscs for the Contract Administrator. The Contract Administrator may adjust the Administrative Fees accordingly. to be effective on the date any such ch:mge in the Plan is effective. 3.06 RUN-OUT FF. 15S: If the Contract Administrator is to continue to pay claims on a run-out basis. after termination of the Plan. the following will apply: a) The administration charge in effect at the time of termination will apply, but in no instance ',*,'ill the administration charge be less than $4.00 per covered employee per month. b) The monthly administration charge '.,.'ill bc billed for three 1'3) months and is payaNt as of the termination date. Upon the completion of this three month period. the fee for services pmq'ormcd will be on a per claim basis. c) The Contract Administrator will process all claims that are received within three (3) months of termination. 5 d) The fees to be charged for run-out scrviccs shall be determined at the timc of contract termination and shall be agreed to in a Memorandum of Understanding to be signed by the Contract Administrator and Plan Administrator, through its Risk Management Director. SECTION 4- 1,1MITS OF TIlE CONTRACT AI)MINISTRATOIUS RESI'ONSII~,II,ITY 4.01 4.02 4.03 4.04 4.05 The Contract Administrator shall have no responsibility, duty, risk. liability. or obligation to pcrforrn any act or service other than those Administrative Services expressly stated in this Agreement. including but not limited to providing funding for the Plan. The responsibility and obligation for funding the Plan shall bc solely and totally the responsibility of the Plan Administrator. The Contract Administrator shall not be responsible for determining the Plan Participant's eligibility to participate in the Plan and may rely on the information supplied by the Plan Administrator in determining cIigibility. The Contract Administrator will not provide {~r be responsible for the expense and cost of legal counsel. actu:lrics. ccnitied public accountants. investment analysis or similar type of services performed for the Plan Administrator. ~md the Contract Administrator shall not bc authorized to engage such sea'ices or incur any expense or COSt therefore without the express written consent of the Plan Administrator. In the event that such services are engaged by the Contract Administrator at the request of the Plan Administrator, the Plan Administrator shall be responsible for such services and the cost and cxpcnsc thereof. The. services to be pcffommd by the Contract Administrator shall be m~m.,,tcrial in nature and shall be performed within the framework ~)f policies. intcrprct:stions. niles. pn,ctices and procedures made or established by the Plan Administrator. In the event lhe Contract Administrator pays any person less than ~he amcmnt to which the person is entitled under the Plat). the Contract Administrator will promptly adjust the underpayment. In the event the Contract Administrator overpays a Plan Participant. the Contract Administrator shall take all masonable steps to recover the overpayment. The Contract Administrator shall have no liability nor bc required to initiate court proceedings to recover an overpayment. SF. CTION 5- REC()RI)S Dunng the term of this Agreement, the Contract Administrator shall maintmn tk)r six (6) years following receipt, all records and files in conjunction wifi~ the administrative services to be performed hereunder. The Icrrn "records and files" shall include the claim files, unissued and canceled checks. bank statements. and copies of the account ledger sheets of the plan acc()unts. Individual claim files shall be available to properly authorized persons. Copies will be made available at the Plan Administrator's expense. 6 5.03 The Contract Administrator shall within thirty (30) days following writtcn notice from the Plan Administrator, allow the Plan Administrator or an authorized agent to inspect or audit relevant records and files maintained by the Contract Administrator at the administrative office of the Contract Administrator during normal business hours. The Plan Administrator shall be liable for any and all fees charged by the auditor. The Contract Administrator shall be furnished with a copy of the auditor's final report. SECTION 6 TERM OF AGREEMENT 6.01 This Agreement shall become effective at 12:01 a.m. on the 1st day of January, 2000, and shall remain in effect and automatically renew for additional terms of one year. until terminated pursuant to Section 7 of this Agreement. This month and day shall be known as the "Annual Renewal Date." 6.02 This Agreement shall constitute the entire contract between the parties and no modification or amendment hereto shall be valid unless in writing and signed by both panics. SECTION 7 TERMINATION 7.01 This Agreement may be terminated: a) on the Annual Renewal Date, by giving written notice of termination thirty (30) days prior: b) on a date other than the Annual Renewal Date by giving written notice of termination sixty (60) days prior; c) upon the date of bankruptcy or insolvency of the Contract Administrator or the Plan Administrator; by the non-breaching party in the event the breaching party fails to correct a material breach within fifteen (15) days of receiving written notification of breach of contract by non-breaching party. 7.02 Upon termination by either party, the Contract Administrator shall deliver to the Plan Administrator, upon written request. at a time period mutually agreeable, but not to exceed 60 days from the date of termination, the information on all participants' histories for the past three (3) years. If the participant history is requested, the Plan Administrator will pay all costs incurred by the Contract Administrator in providing the history, including the cost of programming, computer charges, mailing costs, etc. If additional information is requested by the Plan Administrator after this Agreement terminates, the Plan Administrator will pay all costs incurred by the Contract Administrator in providing such information, including the cost of programming, computer charges, mailing costs, etc. The Contract Administrator shall be entitled to retain copies of any such records at its own expense. None of these charges shall exceed the actual cost of processing such records and such costs will be disclosed to the Plan Administrator at least twenty (20) days prior to actual transfer. 012h96COBRA 8 SECTION 8 8.01 This Agreement shall be construed and governed by the laws of thc State of Florida, or where applicable, federal law. JURISDICTION: The venue for any dispute, controversy, claim or disagreement between the Parties arising in connection with this Agreement shall be in the 20th Judicial Circuit, in and for Lee County, Florida for disputes involving state claims and in the Middle District of Florida, Ft. Myers Division for federal claims. This Agreement which shall be instrument. may be executed simultaneously in any number of counterparts, each of deemed an original, but all of which shall constitute one and the same 8.05 If any provision of this Agreement shall be held or deemed to be or shall in fact, be illegal. inoperative or unenforceable, the same shall not affect any other provision or provisions herein the same invalid, inoperative or unenforceable to any extent whatever. Unless expressly indicated otherwise, references to sections arc to be construed as references to sections of this Agreement as orig/n:,lly executed. Use of the words "herein," "hereby," "hereunder," and "hercoff' refer to this Agreement and not solely to thc particular portion in which any such word is used. 8.06 8.07 8.08 8.10 8.11 Thc captions or headings in this Agreement arc for convenience only and in no way define, limit or describe the scope or intent of any provisions or sections of this Agreement. If any party to this Agreement shall default under any of the terms and conditions contained herein, the defaulting party shall assume and pay all costs and expenses, including reasonable attorneys' fees. incurred by the other parly in the enforcement of this Agreement. Any changes in thc Plan. not found to be compatible wJlh existing systems and procedures and approved by the Contract Administrator which require additional programming, reports or services will be at the expense of thc Plan Administrater. The Plan Administrator agrees to make changes in benefits only pursuant to the Plan Document, unless agreed upon by the Contract Administrator and appropriately written by amendment to this Agreement. The Contract Administrator shall upon request, present evidence to thc Plan Administrator that it is fully licensed and bonded. The Contract Administrator is engaged to perform services under this Agreement as an independent contractor. INSURANCE COVERAGE. The Contract Administrator shall procure and maintain through the term of this contract thc following insurance coverage. The Contract Administrator for the duration of this agreement shall maintain current insurance policies meeting the rcquircmcnts herein identified. Renewal certificates shall be sent to the Plan Administrator thirty (30) days prior to any expiration date. Such certificates shall provide a thirty (30) day notification to the Plan Administrator in the event of cancellation or modification. Contract Administrator shall insure that all subcontractors of Contract O1269(~OBRA 8.12 Administrator comply with the same insurance requirements that the Contract Administrator is required to meet. Professional Liability Insurance. Limits of Liability- $1,000,000 each claim. $1,000,000 aggregate. Workers Compensation and Employers Liability Insurance covering all employees in compliance with all state and federal laws. Limits of Liability- Workers' Compensation- Statutory Limits of Liability- Employers Liability- $500,000 each accident. $500,000 disease- each employee. $500,000 disease- policy limit. Commercial General Liability Insurance including Bodily Injury and Property Damage Liability naming Collier County as an additional insured. Limits: Each Occurrence- $300,000 Personal Injury $300,000 General Aggregate $1,000,000 Products-Comp/Oper. Agg. $1,000,000 Official written notification to either of the parties shall be made to the following persons. certified mail, receipt requested: As to Plan Administrator: Risk Management Director Collier County Government 3301 'East Tamiami Trail Naples, FL 34112 As to Contract Administrator: Corporate Benefit Services of America, Inc. dba Robey Barber Insurance Services Corporation I0159 Wayzata Boulveard Minnetonka, Minnesota 55343 01:2/~6COBRA 10 o~o~o IN WITNESS THEREOF the Parties hereto sign their names as duly authorized of cers a ave executed this Agreement DATED; ~ ATTEST: ..' '"bW:IGHT E. BROCK. CLERK "% ,..~ App¥~3ved as to form and legal sufficiency: Ro~n ~ch~istant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER ~,,~DA Corporate Benefit Services of America, Inc. Dba Robey-Barber Insurance Services Corp. [ 01:59 Wayza:a Boulevard Minnetonka. Minnesota 55343 Oi~OBRA 1 EXiilBIT A FLEXIBLE BENEFITS PI~,,N A 51ENDM EN-F TO A DM INISTRATI VE SERVICES A G REEM ENT The Hexible Bencfit~ Plan Administrative Services Agreement. entered into by Collier County Government and Rolx:y-Barbzr Inauranc¢ Services Corporation dated January 1. 2000. is hereby amended as provided in Section 3 as required by the Employee Retin:mem Income Security Act of 1974 (ERISA} ~ that act is amended and regulated. The Contract Administrator. as the agent for the plan administrator, wql receive and pay, in accordance with the following schedule, fees and commissions as reasonable compensation for services conducteM in thc ordinary c(mrse of bminess. PAID TO RBIS ~ The Plan Administrator shall pay to the Contract Administrator a Sci-Up }:ex: for the $ 450.03 Plan Year Januar/1. 200,3. through December 31. 2000. Fee Include.~: Plan Document ~ $1fiO, SPD Proof. Enrollment Matcrtal~ for 80 Participants Included @ N/C. Non-Di.~cnminatiot~ Te~ting. & System Set-Up Fee ~ $300 ~;nrolle~ Ftc: ~ NI A Monthly Adminkstratlon Fix,: The Plan Admmis~alor shall pay to the Contract Admmi~tralor. m $ 2.50 addition to the Annml Sci-Up Fee. a ~mthly fee fi~r each l'amlcipant enrolled in S~ing Accounu. Pre.urn Only Accounts Ftc: T~ Plan Administrator shall pay to thc Comract Admmiqra:or. in ~dition to ~ Annul Set-Up F~. a ~nthly f~ for each Pa~icipant cnroll~ m Premium Only Account. ~st~n~ to Pa~IcipanC4 A~ountn Due to lmte Notificatlon F~: When applicable, the ~ 2.~ PI~ Adminis~a~ ~11 pay to ~ Con~a~ Adminisuator a fiat f~ of S2.~r change on thc aff~ pmicipant's FS/~ a~ l~sura~e Premiums AccounCs. .~ppli,'ahle, ~h~ks P~nl~ Oulmf-Sch~ul~ l'r~ning Dale F{~: When applicable, the Plan 5 25.~ Adminis~ator shall pay to the Contract Administrator a fiat fee of S25.~r chcck for ~ When ~imb~ment ch~ prinl~ out of the ~h~uled prt~cssing date. COMMISSIONS- DL~ldbulion of Fim[ Year's Com~tlo~(Jommk~slon: N~, t 7ha~g': IANE OF COVERAGFTSERVI¢'E ~e {IF F'EE {)R (7OM.",IL',,;';IfIN AV'~II.ABI Rills Annual Set-Up Fee Monthly Administration Fcc I OOqc 1 03~k 07t 1C, Oq~ 1 (X)';,.: O~ The above repre<nts a true and accurate discl~sure t~,f thc distribution of tees and commissions for thc Plan Year beginning January 1. 2000 and are guaramced fi~r a period of tv,'o i2) 5ear.,,. ending IX'october 31. 2002. Future amendments to EX}tlBIT A may be executed by the Plan Administrator. thruugh its Risk Management Director. uDm approval by the Board of Commissioners. Fka FSA 8E 1' DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF DECEMBER 28~ 1999 RESOLUTION NO. 99-416 A RESOI,UTION APPOINI'ING LARRY IMUI,LINS TO 'FILE AFFORDABI,E llOUSING COMMISSION. WHEREAS, Collier County Ordinance No. 91-65 created the AfFordable Housing Commission and provides that the County Commission shall appoint five (5) members to tile Affordable }lousing Commission and tile City of Naples shall appoint four (4) members to the Affordable ! lousing Commission; and Wt IEREAS, the term of one (i) member expired creating a vacancy on this commission; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties NOW, TitEREFORt';, BI:. Il' RI-~SOI.VI-~D BY TtlI:. BOARI) ¢)F COUNTY COMMISSIONERS OF COI.I.IER COUNTY, FLORIDA. that Larry Mullins is hereby appointed to the Affordable l lousing for a three (3) year term, said term to expire on October 1, 20O2. This Resolution adopted after motion, second and majority vote, · November 9, 1999 ATTEST: DWIGHT E. BROCK. Clerk signature onij. Approved as ~o form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FI.ORIDA PAMELA S. MAC'KIE, Chair'woman David C. Weigel County Attorney lX2W/kn RESOLUTION NO. 99-41'7 A RESOLUTION APPOINTING MEMBERS TO TIlE COUNI"Y GOVERNMENT PRODUCTIVITY COMMI'VFEE. WtIEREAS, The County Government ProductMty Committee was established by the Board of County Commissioners through the adoption of Collier Count)' Ordinance No. 91-10, as amended; and WHEREAS, Ordinance No. 9I-10, as amended, provides that tim Committee shall consist of 13 members; and WHEREAS, there are currently two (2) vacancies on this board; and WHEREAS, the Board of Count>' Commissioners previously provided public notice soliciting applications From interested parties. NOW, THEREFORE, BE i'F RESOLVED BY ]'/tie BOARD OF COUNTY COMMISSIONERS OF COLI.IER COUNTY, FI.ORIDA, that: I. James R. Gibson, Jr., is hereby appointed to the County Government Productivity Committee to fulfill the remainder of the vacant term plus an additional 2 )'ear term, said te~m to expire on February 4, 2002. 2. Beverly Edwards is hereby appointed to the County Government Productivity Committee to fulfill the remainder of the vacant term plus an additional 2 year term, said term to expire on Februmy 4, 2002. This Resolution adopted after motion, second and unanimous ,.'otc. DATED: November 9, 1999 ~ATTEST: DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiency: David C. Weig~ C'c. lnfv ,A flcu-,~ev BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA I'Abt{~LA S.-I~I,,<~fK'~', Cli~ir'W'oma,~ AMERICAN FEDERATION OF MUSICIANS OF THE UNITED STATES AND CANADA ) {HEREIN CALLED 'FEDERATION') ' iCM INTERNATIONAL CREATIVE MANAGEMENT. INC. ~0Wea-t57~h S~eet 1~%.[N! AND I.l~[~aw'? New Yo,'k. NY {212) 556-560q KAREII VE ITCH AGHNT 8942 Wilshire Boulevard Beverly Hills, CA 9021 i310) 550-4000 Whenever Tile Term "'rile I,OCAI, IIIIlOll" Is Ur;ed II1 1'lit:; Cnntrnct, It S}lnII f'lean l'he l,ocnl Unto. O~ The FederaLion ~{th .lurisdic~ion Over The Territory In Which The En~cgement Covered By This Con~rac~ In To Be P~rformed. ~~ for the perconat services of musictano on th~ en~Rp,~mmt~ (hmcr[bed belov tS made this 1]th day of tlovember, 1999 between the HlldersJ~llCd purchnner of mtlsiC (here~n called "Purchaser") and the undersigned m.~ici~n or mu. ician~. Eagle Lakes Co.unity Park; Tamiami Trail E.st; Uaples FL USA 34113 941/370-1809 Approx 06:z~5 PM Length: Approx. 90 mtnuten Load In: P~R ADV Sound Check: PHR ADV Doorm Open: ]:00 i'H 0n S~mg,.: S:00 I'H 3. ~~T (dance, ~tage ~how, banquet, etc.): Stage One Performance Age Limit All Ages 4. ~~~Oj{ (Amount mhd Terms): {9,000.00 U.S. Cucre.cy Flat Guarantee Purchaser Wil~ Make {'~ymentm As Follows: DEi'OSIT:(Cmrt{f{ed Check, Mommy O~der nr B~.k pmyable to IHTERHATIONAL CREATIVE HAHACEMH;{T, If{C. an a~entn ~4,500.00 Due AT Of{CE ~4,500.00 To be paid in United States currency (Certified check, money o~der, Bank Draft or C~mh) to leader p~io~ to performance om night of above engagement OR ACT WILL HOT PERFORM. Overages, if any, shall be pa~d to Music{an at settle~nent on ew, n{nF, of performance. SIGHED CONTRACTS AHt) ARTIST RIDERS ARE TO BE EETIJRIIEI) TO ICH BY 11/20/99. Admission is FREE. Attendees are r,quested to bring non-peri,bahia food [terns for admission. Purchaser will provide and pay for 1 nutte awl 11 ~inr. le room~ in a first clant* hotel. Purchaser will fulfill rider requirements ~n stated in Artist's rider regardinn production, catering., mtn. Merchandising Deal: IO0X Artist is Seller. ~ lOOM Top Ileadl~ne Billing and Will Clone Show ~ To be announced I'URCIIASER TO PROVIDE ~ PAY FOR FIRST Ci,ASS SOUflD h I,II;IITS TO Awris'r':; SPECIFICATIOHS. ~ 8000 ~. F'R};E HAII~ ,_$__0F_ 6i, b _Hu S I .c_I A tls HO'aard Mahoney Tommy Girvin John Snider, Jr. Randy Foreseer Trent Stroh Bobby l,eV Ina LOqM,~{I}iOll I;o, US S~¢LA!,_s~GuI~!y. 6 115 qO 00'~4 47 559 67 ROI6 26l 55l ]5 9083 6 411 92 4347 47 547 67 6176 7 089 40 5075 I 15-40-0094 2564442 OR: 2617 PG: 2901 ~IJ_~_R O. lF.~0_~, tile partle~q hereto have br*reunto set their {lam~.q and neal.q r>ll tile (lay alld year first above written. Collier County Gover.ment/Pamola fl. Edward Mahor~-y p/k/a IiDI)IE WH;};Y/Edwa~d l'l;Htosey 6 HacKle - .- ~:' '-~~C~f, ' T,u~c~i~-~ 212 556 5600 · "-. Attest as ~ Chai~n'$ NI ~plll Of Iblt ~nlfl~ Ind I~lCbt~ rldlrt Ira lo E llgnid lad rllufntd AT ONCE to INTERNATIONAL CREATIVE ~N~GEME~, INC. Il Agtnl tel lhl Muslc~ns. THE AeOVE SIGNATURES CONFIRM ~HAT THE PARTIES HAVE READ AND APPROVED EA~ AND ALL OF~E 'ADD~IONAL~ER~ AND COND~IONS' S~ FORTH ON THE REVERSE SIDE HEREOF~ AND OF ANY RIDER, EXPENSE SHE~, OR ADDENDUM ~IOH ~Af 8[ ANNEXEO HER~O. IliI i Oil Ilo. OR' 2617 PG' 2902 ADD~/~ONAh TSBM$ AND CONDiTiONS JJO peil'orm.'ince ~,hall b~, recorded, rc, prod,Jced or Iransmitted from lhe place al pertormanc., in nny manna, or hf any meant,, whn so, vr?r. if, II is exj~'essJy undefstoo~ by 0ia Purcl,a'~e. nnd the Musicinn(sJ who are party Ia Ibp contract the1 n~ilh~.r lh~. Fp-'Jf,rntion nor Ii'lo Local Umon parlies 1o Ibis con.ecl in any c. nparfty exc~pl ns e:~pressly pray.tad in 6 ahoy. and. th~tolorrr. [h.'l! nnlth~r,r the F,'~torntion nar lhr~ Loc.~t Union be Gable lot the p~.rformnnc~ ~'~ any br~nch al l~'~e provision hmeof. A rel~resenLalive of the Local Union. o~ the FPd~,rnlmn. shall havr~ access to ffm dace of nngag-mnnt cow, md by ~his contracl lot purposn, s of C~11munic~tir~g with the Musician(s) p~,Horming the engagement and Ihe Purchaser. l! Purchas.r shall fail 1~ pcJq'form any of' Pu,chns~pr's obligalJon tmreunder, or if F:~urchnser shnII, for nny reason. ~.lect to cnncei the abov,~.men6oned er~ngem.nt, Mus,cinn c~ musician's ag.al may. nl its option, elecl Ia cancel this agre*mnnt trpon nol,c~ lo Purchaser at any time a~ter such deJaufl ill canc~.llation is so el~ctA, d. l'/,u~'4nn, at ils aD.on, m.~y el~.¢t to e~Prcise all r~mndins th-n nvaifnhl~ al raw or ~elain and/or be paid as Iiquidaled damages lhose mon~s requirp, d to b~ pa~ ns deposit Fursunnt ta parngrnph 2. of I~lis agreement J J~kJt. icC3n shall have so~ nnd ~clu..~w ¢onlrol ov~ Ibp pro~Jctioq, ~es~ntnbon. nnd pn~ormnncn of tim nngngpmenl hereund~t includm~ bul not r~ilN Io, ~e ~il~. m~an~ nnd nmlhmi o{ lira pndormnnces al lhe pnrformtng musicinn~ hemund,~r, nnd Mustc~nn shall have Ibp sola ~lht. as MUlCh may see fit Io dns~nnt, n-d chnng~ nl nny ama Ih. performing ~r~onnel Musician's obhgation~ hnrnund~t ar. subS.ct lo d,Henfion or ~e~n~on ~ sickness, mab,hly ~o ~,lorm, nrc do~d mea~s of trnnspottn~on. Acl of God. rials, slrikns, labor dHliaulfi~s, epidemics, any act or o~der Jm ~e payment al said pr~. in lull ~s~. FrH admission, ~ ~y (ex.pi to I~l p,ess), shn~ ~ sub.ct lo Mus~nn's Flor wrilmn approval. In the Rvenl thai pnymflnt lo Musicinn ~ ~ bas~ In whole or in pa~ on receipts of the ~rlormn~(~) h.reun~r: {a) the scale of the fickm pdces musl be submitt~d ~o and approved ~ Musician in w~ling before bckets are ordered or p~ced on sa~; (b) Purchaser agrees lo dehver ia Mudcinn a cedilied sb3Lemeni al gross r~ip~, of .ach such ~Ho~nnce ~thin two hours following such p~ormnnce: and ir} Mus~ian shall have the right Io have a ~sent in Ihe ~x offge at nfl ~m.s a~ such representa~ve shall have ~,e right to examine nnd m~.~ ex~rnc(~ from bo~ office rncords of Purchaser rela~ng ~ gross recmpl~ of this eng~g-m~nt Il blare ~1. date of nny scheduled ~rfor,nn~. ~1 i~ Iound Ihfl Purchnr. er hn~ not perlorm~d fully i~ obhgnlion~ orld*,r nny other agr~prnpni ~y pa~ lot another engagem.nl or Ihal ffl. flnnnclnl Cr~Idtl al Ill,, Purchasr,r hn~ ~?en impaired, hhJnicinn may cm~cnl thi~ ngreenmnl In the evrml ~t Purd~nsnr ~es ecl perform lully nil el il't obliga~ons h~r.in. Mu~ci;m shall have ~e option to p~rlorm or reluse to :mrJorm h.reundgr nnd in ei~ event Purchaser ~hnll be habh~ to Mus~cinn tar d,~m~ges in ndrflflon Io Ihe compensation prov~d ~l~n shall t~ve th~ sole and exclusive right, but nat the obl~nfion, 1o sell sour. alt ~ograms nnd alhnrr, ouv-nir tlr, ms including pho.~agreph t~rde in conn~on wire, and al. lhe perlormnnce(~} hereunder nnd th. recmpls fi~ernlrom ~hnll b~long o~clu~ively Io Music~nn. This constitutes Ihe ~oI~, complain nnd bindiog ngrpm~mfl between the pn~lins Imrpto IIiTERIIA~IOHAL C~EATiVE MAHAGEI4EHT. IHC a~biea~on under one of lhe Iollowf~g proc~utl,~ [o b~ ~fncl~J by [he Parchasn~ nj ISm time ~tal ~hl', (:onlrnct is sign~ld, by placing h~.. o' her initinl~ (Amefmqn Arbi~ntion Ass~tat~n) Any conl,ovntsy ~ claim aJlsipg OUt O[ Or f.tattng ia fl.s contract, c~r br*~rich Ih~rpoJ, shah b. s~ttied by entered in any c~rl ha~ng jurisd~clDn ~reog. Tho cos[ of Ihe atbilra~on p~oce~ing, except those Cosls personally incuued by th~ ~efgto faf ~ie ~s~nJ~ltofl of their own casJ~, shall be shnrl~d equally by Ibc Purchaser and Ul~ Signalo~ Musician(s). (Local Union) Any controversy or claim arising out of or retnling to this conlrnct, or brp. ach ttmreol. :.hall be settled by arbiuation by die Executive Board or any other body al the Local Union charged with B'~e responsibility al settling such contrc)vmsy or claim All rulings and awards made by the Local Ur,on in arbitration hereunder may be appealed to the Inlernnlional Executive Board of the Federation {herein called lED) by any party who was n parlicipant therein Appeals tram such proceedings shall be perleclud in the mnnner provided by the Rules al Practice nnd Procedure of l~fe IEB in effect at th, ~rtm of such appeal. Ail rulings nad ~wards made by the Local Union m arbib'a§on which are not appealed lo the lED shall be final and binding upon Ihe Purchaser nnd pnrticipalmg Musician(s) and all rulings and awards made by the IEB on appeal shall be hnnl and binding upon the Purchaser ~nd participating Musician(s) Any party la an nrbilr.'ltion proceeding belore lhe Loc~ Union or la afl nrbitrntinn appeal Io thr.~ IEB may bring an action Io car. firm or enlorc~, a linal deJmminnhon and award al the Local Union ct. il appealed, al lhe IED in lhe courts al iurisdiclion in which the ollice of tile Loc.il Union is located: nnd the Purchaser and participa~ng Musician(s) agree lo submit to the judsd~c~on al such court or courts for the! purpose. Jjli?~; Il pllym~mts hp~.und., ar. Io be mn,Sa in Ih. nnme of a payee olh.r ~lan IHTERNATIOtiAL CREATIVE MANAGEMEHT, IhIC., Purchas.r will Jl'lpa'eafl .'lr~licabl~ red.ral nnd .~l.'lln tn. mia,inchon ratu,ns includ,n.cl Fed. rn arm 1099 M SC, i':r d~.rat o r W.2, or Fndr, r.~l to,m 1042S. ,, 1999-2000 READY EDD[E~¢ · RIDER Hotel: · Eddie Mone / 1999 Check In Date: Check Out Date: OR' 2617 PG: 2904 Ol) o3) 04) o5) 07) lO) ~o) 11) NAME Joseph Keller Bob LeBarre Tour Manager Tommy Gin'in Randy Forrester John Snider Trent Stroh Dave Barnett Bobby LeVine Donnie Barnhart Justin Case Jon Graves JeffWeirick ROOM # Non Smoking Room Adjoining two-room suite Smoking, Single King Non Smoking, Single King Smoking, Single King Non Smoking, Single King Non Smoking, Single King Smoking, Single King Smoking, Single King Non Smoking, Single King Non Smoking, Single King Non Smoking, Single King Non Smoking, Single King BAG # Please have all guests pre-registered with keys and rooming lists ready for distribution on arrival. Ample parking for 45' bus with trailer may be required and asked for (street parking is not an option). No rooms are to be near vending machines, elevator shafts, or located on a side of the hotel facing a main thoroughfare or facing east (sunrise). Several members of the entourage are day sleepers. Please instruct the housekeeping staff to delay their duties in our section of the hotel as long as possible. Lodging charges for the entire group are to be handled by Mr. LeBarre and all lodging charges are to be maintained on a separate folio under Mr. LeBarre's name. In the event of any 8~bleans. m3.tLfy Mr. LeBarre immediately. He can be reached on his voice mail cell ~ -398-1833. ) We thank you for your consideration and look forward to our visit. OR: 2617 PG: 2905 In all headline situations, ~ist shall receive 100% Headline Billing. In any and all publici~ relents and paid advertisemeres, including but not limited to pro.ams, fliers, s{~s. lobby boards and marquees. No other name or photo~aph shall apter in ~ with rester to size, thickness, boldness and prominence of the t)~ accorded Artist and no other name or photoFaph shall ap~ar on the same line or above the name of Artist ~en not Headlining, A~ist shMI ahvays meivc S~cial Gues~ Star Billing and shall roeire not less than 75% of ceremony must be approved by A~ists representative p6or to condoetlon of supssing act. Billing in all advert/sing and publieig' is to read: EDDIE MONEY Radlo' Stanon or Product CO-Presents Promoter Co-Promotes: Any proposal for radio station co- presentation of this show including any tie-in with a radio, TV, newspaper or product must be cleared with and approved by Artist's Management prior to any confirmation of such tie-in co-present or co- promote. Also, any co-promote situation with any promoter other than contact signer as shown will first v · , ,,. i, I I_ need appro al of Artist s,Management .......! t_ 2. CANCELLATION Purchaser agrees that Artist may cancel the Engagemen! hereunder, at Artist's sole discretion. Bv giving Purchaser notice thereof at least thi%' (30) days prior to the commencement date of the engagement hereunder. 3. FORCE M2MIEURE As'tist's obligation to furnish the Entertainment unit referred to herein is subject to the detention or prevention by sickness, inability to perform, accident, means of transportation, Act of God, riots, strikes, labor diff~cuhies, epidemics and or order of any public amhoritv or any cause, similar or dissimilar, beyond Artisfs control. Provided Artist is ready, willing and able to perform, Purchaser ag-rees to compensate Artist in accordance with the Term hereof regardless of Act of God, fire. accident, riot, strike or an,,' events of an,,' kind or character whatsoever, whether similar or dissimilar to the foregoing events which would prevent or interfere with the presentation of the show hereunder. 4. INCLEMENT WEATHER Notwithstanding anytking contained herein, inclement weather shall not be deemed to be a force majeure occurrences and the Purchaser shall remain liable for payment of the full contract price even if' the performance (s) called for herein are prevented by such weather conditions. Artist shall have the son fight to determine in good faith whether any such weather conditions shall render the Performance(s) impossible, hazardous or unsafe. ,V ,,,,,9 , 3",;IL '._ .'c."."'I ;'?f:(~.~ '; '~) ,' -" 5. CONTROL OF PRODUCTION . ,'. ~ . . ';.,? ~' ,. ?7' -,'.~,-," -~ '-,". Amst shall have the sole and exclusive control over the production. presentarran and ~rfo~ance of the' ente~inment unit in connection x~h the engagement, including but not lmfited to. the details. me2ns and methods of the ~ffo~ance of the ente~inment unit and each member thereof. and the ~rsons to be employed by the Anis~ in ~ffo~ing the provisions hereof on Anisfs pan m be ~rfo~ed Amst shall have the sole right, ~ ~ist may see fit, to desi~a~e and change the ~rfo~ing ~rsonnel o;her than the Aflist. It is s~cifically underwood and agreed that a represenmnvc of the Anis~ shall have the sole and absolute authofi~' in directing ~rsonnel o~rating all lighting and sound equipment during rehearsal and each ~ffo~ance scheduled herein Artist vdll not perform" in -the-round" unless specified on the face of this contract , 6. APPROVAL OF' OTHER PERFORMERS :~ ~,C (..~ .i,"i,'.').'->' it'b~"~) A~fst reset'es the approval right of any other ~rsons to ap~ar m conjunction ~qth this ~d the right to determine ~e tenth and nature of their ~ffo~ance~ s). A v~olalion of this clause shall entitle A~isl to refuse to fu~ish the ~rfo~ers described herein but Purchaser shall remain obligated to make all pas~ents herein set fo~h. P~ch~er a~ees that there ~1 be no Master o[Ceremomes. no welcoming s~eches, no introductions, and no ceremonies at ~nterm;~;smn except as A~st may direct. 7. REPRODUCTION OF PERFORMANCE No portion of the performance rendered hereunder may be broadcast. Photographed. recorded. filmed. taped or embodied in any form for any purpose! or reproducing such peffo.q'nance without Artist's prior written consent. Purchaser will deny entrance to any persons carrying audio or video recording devices without limiting in any way the generality. of the foregoing prohibition. it is understood to include members of the audience, press and Purchasers staff. In the event that the Purchaser, his agents, sen'ants. employees. contractors. etc.. reproduce or cause to be reproduced the Artist's performance in the form of films, tapes, or any other means of audm or ', ideo reproductions, upon demand by Artist. Purchaser shall deliver all of the same {toeether with any and all masters, negatives and other means of reproductions thereof') to Artist at Purchaser's sole cos: and expense, in addition to all other legal or equitable remedies which A.qist may have. 8. PERSONAl. APPEARANCES & INTERVIEWS Purchaser agrees that he will not commit Artist to any personal appearances, interviews. or an)' t3. Te of promotion or appearance w/thout Artist's prior consent. Artist is usually vcr~' happy to do whatever interviews Purchaser deems necessary to promote the show. However, because of'Artist's rigorous travel and protoo schedule, it is imperative that requests for interviews, phone-irk or photos be made at least 48 hours in advance. We sincerely regret that Artist will not be available for interviews the day of the show without such prior notice. ~ July 18, 1999 PURCHASER ASSLIMES LIABILITY Except as otherwis.: herein specifically provided, Purchaser hereby assumes tidl llabihtv and responsibili~' for the payment of any and all cost's, expenses, charges, claims, losses, liabilities. and damages related to or based upon the presentation or production of the show or shows in which Artist's is to appear hereunder. 10. SPONSORSHIP All forms of sponsorship, whether pan of an ongoing series or spccitically for Artist's show, must bc authorized by Producer. I1. BOX OFFICF PROVISIONS In cases ,,,.'here the Artist is being paid on a percentage basis, Purchaser agrees to dcli,,'er to the Amst's representative a plot plan and printers manifi:st of the house (Notarized, signed statement from the printer of the tickets, listing amount of tickets printed at each price). Purchaser further agrees to have on hand at the place of p, crformance the night of the sho,.v, for counting and verification by representatives of the Artist's, all unsold tickets. Artist shall be compensated for the difference between the number of unsold tickets on hand and shown to its representative and the number of tickets pdnted as shown by the ticket manifest. If Purchaser shall violate any of the preceding provisions of the paragraph, it shall be deemed that Purchaser has sold a ticket for each seat in the house (and any permitted standing room) at the highest ticket price for which the house is scaled. Purchaser further ag'rees to give said representative the fight to enter the box- office at an.,,' time (during and after the performance) and to examine and make extracts from the box.office records of Purchaser relating to the gross receipts of this engagement. A ,.,.Titten box-office statement. certified and signed bv Purchaser, will be furnished to Artist's ,,,,'/thin two (2) hours following each performance. Purchaser may not sell tickets to performance herein as pan of a subscription or other tZ,.'p¢ of series of concerts, without v, Tirten consent of Artist's. All tickeLs printed under the manifest shall be of the one stub, one price variety. There shall be no multiple pfice tickets pnnted. Examples oftickeLs prohibited under this agreement are: a). One pficc tZ~r students and a different price for general admissions of the same tickets, or, b). One price for tickets bought in advance and a different price for tickets bought at the gate on the same tickets. Further, no tickets can be sold for seats located to the rear of the stage ,.,,'here the stage and equipment on stage is obstructing normal eve-level viewing of Artist's performance, unless the location of the seat is clearly indicated on the tickets. Tickets sold behind bandstand must be marked "Impaired Vision" or "Behind Bandstand". If Purchaser violates the above a~eement, he shall be liable for the total amount oftickeLs sold at the highest price printed on the ticket. A bonded ticket house shall print all tickets. (Example: Globe Tickets, Arcus-Simplex) or, if the performance is at a coileRe or university. The official printing department of the universit,,' or college. Purchaser agrees not to discount tickets or to offer tickets as a premium without first obtaining permission in `.sTiting from the Artist. If Purchaser does sell or distribute discount or complimentary tickets without prior approval, or is in excess of the number printed, he shall be liable for the full ticket price ofeach such ticket sold or distributed. OR: 2617 ,f 2908 'July ]8, 1999 r ' 12. COMPLIMENTARY Please make available to the tour manager at 4 P,M, our allotment of for'tv (40) complimentaD' tickets, ticket envelopes and backstage passes, In a reserved seating venue, please have seats reserved in the middle orchestra (floor) section between rows Five (5) & Fifteen (15). With three weeks prior notice from the four manager, or in venues ~,4th Seating. you ,,,,'ill be expected to provide up to sevenD'-five (75) complimentars' tickets. The number of complimentary tickets and passes g/ven out by you including house and media corps must be approved by 1CM prior to the day of show and must be fully accounted for during settlement. All photo passes ,,,,'ill be provided through Artist's tour manager. Bob LeBarre 818-398-1833. 13. SCALING Purchaser will clearly print the specific capacity, gross potential, and ticket price breakdown of the facility where Artist's is to perform under this agreement on the face of the contract that this agreement is attached to. In the event Artist's is to receive a percentage ofthe gross receipts for this engagement pursuant to the terms hereof, the term "gross receipts" or "gross box- office receipts" or similar phrases, shall mean all box office receipts computed on the basis of the full retail ticket price For all tickets sold and in no event less than the full retail tickets price for all persons entering the performance with no deductions of any kind, less only federal, state, or local admission taxes and allowable discounts as approved bv Artist's in writing. The Purchaser agrees to scale the ticket prices for this engagement of guarantee potential g~oss receipts of no less than $ 14. FAILURE TO FULFILL OBLIGATIONS Each one of the terms and conditions of this contract is of the essence of this agreement and necessarx for Artist's full performance hereunder. In the event Purchaser refuses or neglects to provide any of the items herein stated, and/or fails to make any of the payments as provided herein, Artist's shall have the right to refuse to perform this contract, shall retain any amounts therefor paid to Artist's by Purchaser. and Purchaser shall remain liable to Artist's for the agreed price herein set forth. In addition, if, on or before the date of any scheduled concert, Purchaser has failed, neglected, or refused to perform an,,' contract with any other performer for any earlier engagement, or if the financial standing or credit of Purchaser has been impaired or is in Artist's opinion unsatisfactoD., Artist's shall have the right to cancel this engagement by notices to Purchaser to that effect, and in such event Art/st shall retain an,. amount therefore paid to Artist by Purchaser. July 18, 1999 15. hdODIFICATION OF CONTRACT OR: 2617 PG: .2909 It is understood and agreed that the contract may not be changed, modified, or altered, except by an instrument in writing, signed in accordance with law of the State of Califomia. This contract may not be assigned, or changed, modified or altered except by an instrument in writing signed by the parties. Nothing in this agreement shall require the performance of any act contrary. to the law or to the rules or regulations of any union, guild, or similar body having jurisdiction over services of Artist or over the performance hereunder. When ever there is any conflict between any provisions of this contract and any lax,,', or any such rule or regulation of any such union, .guild or similar body, such law, rule or regulation shall prevail, and this contract shall be modified to the extent necessaq,' to eliminate such conflict. This is the sole and complete agreement between thc parties with respect to the engagement. Nothing in this contract shall be construed to constitute the panics as a partnership or joint venture, and Artist's shall not be liable in whole or pan for an.,,' obligation that may be incurred by Purchaser in carrying out any of the provisions hereof or otherwise. 16. FNDEMN1F1CATION A. Purchaser agrees to indcmnify and hold harmless Artist's and his employees, contractors, and/or agents from and against any claims, cost's (including anomey's fees and court cost's), expenses, damages, liabilities, losses or judgments arising out of, or in connection with, any claim, demand or action made by any third par'q:', if such are sustained as a direct or indirect consequence of the Engagement. B. Purchaser shall also indemnify and hold harmless Artist and his employees, contractors and./or agents from and against any and all loss, damage and/or destruction occurring Io its andSor its employees, contractors, or agents instruments and equipment at the place of the Engagement, including, but not limited to, damage, loss or destruction caused by Act of God. I 7. TAXES Purchaser shall pa.,,' and hold Artist harmless of and from an,,' and all taxes, fees. dues and the like relating to the engagement hereunder and the sums payable to Artist shall be fm of such taxes, fees. dues and the [ike. 18. CHOICE OF LAW/FORUM This agreement shall be deemed made and entered into the State of Califomia and shall be governed bx all of the laws of such State applicable to agreements wholly to be performed therein. 19. ANTICIPATORY BREACH If on or before the date of any scheduled performance hereunder, the financial standing or credit of Purchaser has been impaired or is unsatisfactory, Artist's shall have the right to demand payment forthwith of the guaranteed compensation specified above, and if Purchaser fails or refuses to make such payments forthwith, Artist shall then have the right to cancel this agreement. In the event of such cancellation, Artist's shall have no further obligation to Purchaser hereunder, and shall retain any monies therefore paid to Artist's by Purchaser. Jul) 1 g, 1999 ;" agrees to pr~ure, at his sols ex~nse, for Artist and pa~, t~e nycepsaD' vi.sp~, wqrk ~i~s and othe/ aga~ns, t all IocaJ, municipal and ~0pn~o' pr gove~ent rexes,. fees, or lej'.ies ?p all income earned by A.ist's. or Artist's employees while in ~e count, or coun~es covered by this contract. 21. ~SURAN~ _ Purchaser shall provide the following insurance coverage (I) a policy of public liability. and property damage insurance with limits of not less than One Million Dollars ($ 1,000,000.00) per event or Three Million Dollars ($3,000,000.00) general aggregate to protect against injuries to persons or property as a consequence of the installation and/or operation of the equipment pro;~ided by the Artist (H) A policy of Worker's Compensation Insurance covenng all of Puschasers employees who are involved in an',' manner in the installation, operation and/or maintenance of the equipment provided by Artist; and (m) A policy of public liability and property damage insurance naming Eddie Money. and their officers, agents and employees individual and collectively, as additional insurers therein in an amount not less than Two Million Dollar~ ($2,000,000.00) for each event and Five Million Dollars ($5,000,000.00) general Aggregate. Purchaser shall supply Artist's with appropriate certificates of' Insurance shovdng that all of the above insurance coverage is in full force and effect in the manner and for the amounts as specified above at least two weeks prior to the show date. Purchaser is solely responsible for such complete insurance coverage. Purchaser hereby indemnifies and holds Eddie Money. and each of them, and their respective licenses, employees. agents and designees fm and harmless from and against any and all loss, costs, damage or expenses, including reasonable attorneys fees incurred or suffered by or on behalf of any third party entity, person, firm or corporation as a result of or in connection with the engagement. v,+tich claim does not result directly from the sole negligence of Artist, or their respective employees, licensees, agents and designees. Artist warrants that all employees of Artist and Workman's Compensation Insurance; a certificate evidencing such coverage to be carried by the tour accountant covers Artist's subcontractors. July 18, 1999 22. MERCHANDISING OR: 2617 ?G 2 tll Purchaser agrees that Artist and/or his representative shall have sole and exclusive right to the sale of souvenir booklets and other merchandise at this performance, Purchaser further warrants that there be no sale or other distribution of musical recordings (records, tapes, CD's, DAT, video) or any other souvenir matehal at this performance without the express v, Titlen permission of the Artist's. Purchaser agrees to provide adequate space for representative of Artist to vend such souvenir booklets. The number of stands needed v, ill be designated by the Artist's merchandising director and must be complied with by the hall. These stands shall be immovable and given proper police security. All hall sellers shall be used at the discretion of' Artis't's merchandising director. Artist's merchandising director shall have the right to request additional hall sellers if he feels that a sufficient number has not been prov/ded. PLEASE NOTE: All opening Act Sales must match Eddie Moneys Price List. OR: 26 :: 2 PRODUCTION REQUIREMENTS I. PRODUCTION OFFICE We will require a room at stage level to be used as our production office. Said room must have two (2) incoming/outgoing phone lines. It would be most beneficial if these were direct touch-tone lines not routed through any office switchboard and have modular phone jacks. Please make available to us a photocopy machine and fax machine. 2. SECURITY You must provide enough security and insurance against all loss of musical and electronic equipment, road cases. and personal propert).' of the band and crew in the dressing rooms, backstage area, and on stage. At all times when Eddie Money and/or band are at the venue, T-Shined secur/ty personnel are needed at the backstage entrance and at the side of the stage when the band is on stage. When doors are open to the audience, T-Shined secuhty personnel are also needed at the mixing lighting consoles. Security in Front of the stage is a must. Please have the head of security available to speak with the tour manager regarding deployment of security personnel. It is essential to provide security (either T-Shined or uniformed) in the area of our trucks and buses until load out is completed. Security must be provided in the area of the dressing room from doors open to doors close. A secur/ty barricade, when required by local ordinance, should be of low profile desibm and as inconspicuous as possible. The barricade should be supplied when it is necessary to ground support from the pit. '" Please Note: Eddie would prefer to have a barricade 2 to 4 ft. from the front ofthe stage. Stairs stage right and stage left with railings and lights are needed. 3..sour,n3 _CHECK Our sound check is very important to us and normally w/11 require one to two hours. Sound Check must be completed to the satisfaction of the band and technical crew before the band leaves the stage and the doors open. Only necessary wor 'king personnel will be allowed in the hall during sound check. Although it is Eddie Money's policy to always allow a support band to sound check, we must reserve the right to sound check up until the same time the doors open, and even hold the opening of the doors, if there are unexpected technical difficulties. July 28, 1999 OR: 2 17.;PG: 913 4. DRESSING ROOM REQUIREMENTS One large room for Eddie v,4th full-lengnh mirror, electrical outlets, clothes hangers. and clean bathrooms with hot and cold running water, showers, and soap & towels. One large room for lhc band whh same, plus comfomable sealing for 15 people. This room will be used for band hospitalit}.,. The dressing rooms should be well lit, clean & dr,.', ',~,ith independent heating and cooling controls. Please keep the suppan act's dressing room(s) in a different area or on a difi~trent floor than ours. ' Please note that it is y¢~ i,mpanant that you make sure these rooms has been thorout~hlv cleaned before our =reval. ** Showers should be available v, ith hot water from rig~ng call until one hour after load out. 5. PARAGRAPH HEADINGS Paragraph headings are inserted in this rider for com,'enience onlv and are not to be used in interpreting this agreement. AGREED TO AND ACCEPTED: PURCHASER EDWARD MAHONEY A/K]A EDDIE MONEY ALL PA'r%.IENU'S BY CHECK: should be made out to EDDIE MONEY. Eddie's Federal LD # is 94-2.372618 ANY PROBLEMS OR QUESTIONS should be discussed well in advance ofthe show date whh ~he following Artist's representatives: BOOKING AGENT: ICM Christianne Weiss or Ter'D' Rhodes 40 W 57th St. NY, NY 10019 phone= t212) 55~ ,,q'g y'.J fax # (212) 556-6847 Tour Manager, Bob LeBarre 818-395-1833 for advancing 603-372-0727 Fax Production Manager, JeffWeirick ~ for advancing .July 18, 1999 OR' LUNCH FOR 8 SttOULD BE SERVED AROUNq3 I:00 P.M. DINNER FOP, 17 SHOULD BE SERVED i HOUR BEFORE DOORS FOLLOWING SOUND CHECK USUALLY 6:00 P.M *** OF THE MEALS. TWO SHOULD BE AN UNBREADED, BAKED OR GRILI.ED BONELESS, SKINLESS CHICKEN BREAST (spices ok) BUY OUT FOR LUNCH MAY BE SETFI.ED IN THE FORM OF BUY OUT OF NO LESS THAN $1 $.00 per t'I;*/%$'ON '" BUY OIjT DINNER MAY BE SETFLED IN 'DIE FORM OF BUY OUT OF NO LESS THAN $20.00 per I'IJ~S'ON **° "PLEASFJ' ADVANCE DINNER WITH TOUR MANAGER BOB LEBARRE 818-398-1833 26!7 PG: 2914 July 18, 1999 OR: 2617 PG: 2915 ,' I HOSPITAI, ITY FOR EDI)IE lvtONE)' i. OAD IN: (normall.,,' at noon) MIXED ASSORTMENT OF DRINKS (Sodas, Water, Coffee, Near the STAGE and RESTOCKED till DONE} LU3/CH/;'OR 8: SMALL MEAT DELl TRAY WITH BREAD & CONDIMENTS OR CliOICE OF SUBW ANY RESTAURANT (muse be Non-Fat food available, boneless skinless chicken breasts for 3 preferred) hV DRESSING ROOM,4 T BAND ARRll :gL;.(usually 5:00 P.M.) ' CONTINUOUS HOT WATER & FRUIT TEAS, CAFFEINE FREE. WI'l'l I LEMON & HONEY · CON'FINUOLIS HOT COFFEE, REGULAR AND DECAF COFFEE CONDINEMEBrI'S, HALF 8:. HALF, PACKETS OF SWEET & LOW OR EQUAL, SUGAR AND NON-DAIRY POWDERED CREAMER, 1 GALLON OF 2% MILK. FRENCH VANILLA CREAMER. QUART OF FRESH SQUEEZED ORANGE JUICE CASES 24 LOT EACH OF 16 OZ. Bonles NATURAL SPRING WATER LARGE I/1 LB. BAGS M & M'S, 1 WITH PEANUTS, I WITHOUT BAG OF OATMEAL RAISIN COOKIES BAG OF OREO COOKIES BOX CLIFF ENERGY BARS BOX OF HOSTESS CUPCAKES DOZEN SNACK WELLS LOW FAT FRUIT BARS AND COOKIES [ANY FLAVOR] ROLL OF PAPER TOWELS DOZEN 20 OZ. HOT CUPS DOZEN 20 OZ. COLD CUPS BOTTLE of OCEAN SPRAY CRANGRAPE OR CRANAPPLE JUICE PACKS OF WATERMELON BUBBLIOUS GUM PACKS OF HALL'S COUGH DROPS (BLUE) ROLLS OF TUMS 1 In Dressing Room 1 Hour Before Show Time BOX SWISS MISS (1 BOX FAT FREE) or COMPARABLE HOT CHOCOLATE MIX 6-PACKS OF PEPSI CASE of DIET COKE CASE of COKE 6 PACK OF DIET MTN. DEW 6 PACK of 7- UP 6 PACK ROOT BEER 4-PACKS SNAPPLE PINK LEMONADE / REGULAR LEMONADE ASSORTED YOGURT FRUIT FLAVORS ["FAT FREE] Jul5' 28, 1999 OR: 261 , P Q: 2916 !. 6 SOLID WHITE TUNA LUNCHABLES SNACK PACKS [LOW CAl. & FAI' wuh Crackers & Mayo (Comes with Easy Open Top and is NOT pre-mixcd) 3 ASSORTED LUNCHABLES i LARGE BAG OF NACHO DORRITOS 1 LARGE BAG of POTATOES CHIPS WITH FRENCH ON1ON DIP SUFFICIENT ICE & CONDINEMENTS [RESTOCK ICE WEN NEEDEDI 25 LARGE BATH TOWELS 1 DELl TRAY OF FRUIT 8:. VEGETABLES WITH DIP · ''"'" I MEAT and CHEESE DELl TRAY FOR 10 WITH I LOAF OF 7 GRAIN BREAD (Must be kept cold or refrigerated, scaled meats & cheeses are a great substitute) · I MULTI-Pack 1'24) Kellogg's Assorted Boxes of Cereal, Small Boxes. with pack of bowls Please pre-order 4 large pepperore pizza's for delivery after show STAGE DRINK LIST: {ALL STAGE DRINKS SHOULD BE PULLED FROM MAIN DRESSINGROOM LIST} (To be put on stage right by guitar world I hour before show or time agreed on) "2 BUS TUBS (Or 1 LARGE CONTAINER) FILLED WITH ICE ' 1- 6 PACK DIET COKE ' I- 6 PACK REGULAR COKE "i CASE (24) of 16 Oz. BOTTLES of NATURAL SPRING WATER * 16 LARGE BATH TOWELS '*'"""" 2 DOZEN 20 Oz. (Non See Through Solo Plastic Cups) July 28, 1999 OR' Please advance the following with .left Weirick. Production Manager: Sound Rider The Eddie Money Band does not share mixing consoles with any other act on the bill. Attention: All equipment including: mixing desks, effects, eqs, gates, compressors. !imiters. reverbs, delays, mics, mic lines, snakes, amplifiers, speakers, cabinets, and all cotmeeting cables must be fully operable and in good working condition. WE DO NOT SItARE MIXING DESKS!!! House Sound Svstem · Must be stereo · Speaker system must be at least a 3 way system capable of achieving 120db of Clean, Clear, Full- range sound at the rear of the venue. · Mixed position; must be no greater than 12" above head hei~t, must be center orsrage, and between 75 feet and 100 feet from front of stage. · Front of house drive rack must have 2 (two) 31 band I/3 octave graphic Eq's regardless ofthe other processing Itouse playback I Cassette deck recorder I CD Player · CD Playback must not be included in the 40 channels required F.O.H. Console A Yamaha 40 Channel PM 4000 ts the required console. If unavailable a state of the art 40 channel console containing a minimum of 8 Aux. sends, 8 VCA's and 8 sub groups can be used only by prior approval of production staff. Acceptable consoles are PM 3000, Midas, and some SoundCraa, and Gamble consoles. F.O.H. OUTBOARD GEAR Six effects are required for the front of house these must contain: 3_ reverbs (SPX 990, SPX 900) 2_delays; must be programmable 1_ pitch change device (EVENTIDE H3000, H3500, H4000, SPX900, SPX990, SPX90II) · July 28, 1999 OR' OTtlER REOUIRED EFX 8 Gates: Drawrner, Aphex, Intellagate I0 Comps Drawruer, Aphex, DBX Any other brands must be approved~ .Acceptable Equipment (ONLY BY PRIOR APPROVAL) REVS [REV 5, LEXICON PCM 70, PCM 81, PCM 90, 224 XL,480 XL] DDL [TC2290, SDE 330, SDE 2500, SDE 1000] 2617 PG: 2918 lo[ Monitor Console Must contain at least 32 fully functional inputs with 10 full.,,' operable independent mixes Must contain at least 3 band parametric or 4 band sweepable cq per channel Acceptable Consoles: Ramsa 840, Soundcraft SM series, Midas, and some Yamaha upon approval Monitor EQ Must have I0 functioning 1/3 octave eqs Monitor Que Must have one floor monitor that is representative, (same components), of the wedges that are on the stage. Que must also be able to solo both input channels and post eq output mixes ABSOLUTELY NO PEAVEY Monitor System 10 bi-amped wedges, with one 15" or two 12" low end speakers, with 2" compression drivers (1" are unacceptable) 2 Tr/-amped side fills, EAW KF 850, S-4, PAS, etc Tri-amped drum fill 4 noise gates comp/gates Reverb (SPX 90, Rev 5, etc) 64 Par 64's minimum (4 on floor stands) 2 follow spots and operators 3 strobes July 18, 1999 OR' INPUT LN SERT STANDS M IC/DI I Kick G+ Sm. Boom ours 2 G- SM-S7 Snare (Top_)_ Snare (Bottom) 4 Hi Hat 9 Overhead (rieh,....~)_ Sin. Boom Sin. Boom Lgg.~Boom RE-20 SM-81/451 5 Ride Ha Sin. Boom SM-81 / 4S1 6 Tom I Cs+ ours 7 Tom 2 Cr,' ours 8 Tom 3 G* ours SM-81/451 10 Overhead (left) SM-81/451 421 / SM-57 421 / SM-57 L,~ SM-81 /451 com___.~ Active D1 comp s~_..~ht 421 SM-57 SM-57 11 Conlila Low 12 ConCh 13 Percussion 14 Bass D1 15 Bass mic 16 Guitar (left} 17 Guitar (right) 18 19 Acoustic Guitar Active DI KP-50 le.(_~ Active DI XP-50 (right) Active DI 2 com=.ps Active Across S.G. 5 and 6 Active Comp Comp Co m._...._~R~ Strai~t L 'Boo. k___.~.~ Lg Boom La. Boom SM-57 ,421 Straight SM-58 SM-58 SM-58 Ours SM-87 uhf SM-58 Our vhf "? ~ 2O , 21 Kurzweil K2500 le_~ 22 Kurzweil K.2500 (ri.ght) 23 O~ ,24 O~_ 25 Vocal - Percussion ,26 Vocal - Guitar ~ 27 Vocal- Bass : 28 Vocal - Eddie (RF). 29 Vocal - Eddie (hardwire.~ 30 Sax (RF) come 2uly 28, 1999 3 Risers 8Ft x 8 Ft ~ © .~uly ~ g, 1999 Advance Sheet Check Option Ke¥5~ard d~ ....,, ' ........ ' 1'" 3 tier Standt~stic ke~'boa~'d, stand .... "' 1 Roland XP 50 1 ....Hammond XB2-.R .,Or~iar~ ' , ...... 1 Kurtzwell K2500 Keyboard Must contain Orchestral and Contempotar), ROM cards 1 Hammond 122 Lesley (or Lesley 147 on ... approval)wi,'th all cables for XB2-R or XB.-2 Pre amp for 122 or pre amp pedal for 147 wilh all cables 2 Sustain Pedals 1 Lesle), Volume Foot Pedal ........... 1 Lesley Rotor Foot Pedals S~itch ....... I 3' Midi Cable, 6 - 8' ¼" cable 6 8' 1/4x1/4 phone cables ..... Guitar Rig#1 .... 3 MESA BOOGIE DUAL RECTIFIERS 2 Marshall 1960 reissue 4x12 Slant speaker ....... cabinet 3 ;30' guitar cables ...Bass Rig ' ' ' 2 S.V.T. H'mads 1 S.V.T. 8X10 cabinet or 2 Trace. Elliot HI Output Heads with Trace Elliot Speaker Cabinets 4xl 0 with lxl 5 enclosures Note Please have all cables for all connections - Drum Kit D,W Drums only; I 22"' Kick Drum 1 10" Rack Tom 1 12" Rack Tom 1 16" Floor Tom July 18, 1999 1 6 1 1 Percussion Kit 1 1 1 2 3 14" x 6" DW Snare Drum and Stand ~ Hi-hat N~'. rack toms should mount on a cymbal t_,y..pe floor stand cymbal stands x-hat wit~ brackets adjustable throne we will bdng our own tom and kick mics, ::~:~lals, cymbals, and L.P. claws for tom mics set of L,P. Quinto & Conga with adjustable center mount stand (to be la ed~or L,P. cradles set of L,P. Brass Timbales with adjustable stand Tilti(ng) L.P. Rock Ridge Rider classic co~ L.P. Red Jam Block L.P. (rod mount) tambourines C~al stands, D.W. booms Pead ~'-~'~' ~"~'h '~'ount'-~n~ ~rrackets set 13" hi-hat c mba~ian matched 17" crash c),mbals we will bdng our own shakers, sticks & i hand tambourines onl we will provide LP. claws for mics for the con as OR: 2617 I2-923 ,. :. PURCHASER SIGNATURE ARTIST SIGNATURE DATE Approve<[ ~s to torre & l~g,~b~ufhci~,,.c7 P~titiom~. (Name & A_ ~,4,5,~)KMaria~ H. ~ Trustee, c/o ~ k ~, ~., G~g Tm~g ~ 1~1 ~ A~~, ~ 33131 ~ & ~ ~ ~) ~ ~ ~ ~ ~k's ~: ~f~ ~ i~ __~ at~h ~ ~~ F~. AI~, ~ ~~ I~t~ 5133 ~el~ ~ Suile 2, Na~, H~ 34103 Hearing before XXX BCC BZA Othex ~s) to t~ ~ ((~ ~ it XXX Naplea Daily lqcws ~ Text: (Include legal der, crip6on & common location & Size: PUD-99-12 Michael R. Femamt~., AICP, of Development. Inc., ~aemi~ Mari~ I4. Ger~e, Tinslee, r~neating a rczmae from "A" Rural AiD-icultare to Unit Deve~ Io be Iraown a~ ~ Woo~ for a maximum of 360 reaidamfial dwelling units for propert~ kx:ated on tl~ east ~ of Airport-l%lllng P.o~d a;~'o~ c:me half mile south of ~ Ridg~ Road in Section ! 3, Tow~Mp 49 South. P. an~ 25 Companion petitions), if any & ~ bearing date: Fo~ ia~ude advea'tiaiug oo~t? X Yea [] No If Yes, wh~ account fl.,outd be charg~ for adverl~ng co~ts: 3~312-649110 IHb~ri~U'l'lON ORI')INANC'E NO. 12B AN OP, DINANCE AMI:.NI)ING ORDINANCE NUMBI:.R 91-1()2 TIIE C;OI.[,IER COUNTY I.AND I)EVELOPMF. NT CODE W[IICtl INCLUDF. S TIlE COMPREilENSIVE ZONING REGUI.ATIONS FOR 'FILE UNINCORPORATED AP, EA COI.LIER COUNTY, FLORIDA BY AMENDING 'FILE OFFICIAL ZONING ATLAS MAPS NUMBERED 9513N AND 9513S; BY CIIANGING THE ZONING CLASSIFICATION OF TIlE lIEREIN DESCRIBED REAl. PROPERTY FROM "A" RURAl. AGRICULTIJRF. TO "PUD" PI.ANNF, D IJNIT DEVEI,OPMENT KNOWN AS BANYAN WOODS F'OR 36¢) RESIDF. NTIAI. DWEI.I.ING UNITS FOR PROPERTY I,O¢'A'['[:,I) ON TIIE F. AS'F SIt)F, OF AIRPORT PIJI,I,ING ROAD (CR-31) AN[) APPROXIMATELY ON[:. IIAI.F MI1.E SOUTt~ OF PINE RIDGE P, OAD (CR-896) I,OCATED IN SECTION 13, 'FOWNStlIP 4') SOUTtt, RANGF. 25 EAST, COI,LIEP, COUNTY, FI.ORII)A, CONSISTING OF ACP, ES; AND BY PROVIDING AN EFFECTIVE DATE. WI IF, RI:,AS, Michael P,. Fernandez r)l' Planning l)cvclopmcnt, Inc.. rcprcscming Marian Gracc. pctil ioncd tl~e Board of County ('mm~issioncrs to changc thc zoning classitication of the i~crcin dcscrihcd rcal property; NOW. T! IEREFORE BE IT ORI)AINEI) by lhc Board of ('ounly Commissioners of Collier County, Florida: The zoning classilicalion oflhe herein described real properly located in Section 13. Township 49 Soul}l, Range 25 Easl. (;oilier County. Florida, is changed &ore "A" Rural Agriculture to "PUD" Phmned Unit l)evelopmem in accordance with tl~c Banyan Woods PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Ofticial Zoning Atlas Maps Numbered 9513N and 9513S. as described in Ordimmce Number 91-1(12, Collier County Land Development Code. are herehy amended accordingly. SECTION TWO: This Ordinance shall become cflbc~ive upon filing wilh tile l)eparm~ent o['Slalc. PASSED AND DULY ADOPTED by the Board of Cot,nly Commissioners of Collier County, Florida, this ~ day of __ ,1999. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FI.ORfDA ATTEST: DWIGI IT E. BROCK. Clerk BY: PAMELA S. MAC'KIE. Chainroman Approved as to Fonn anti Legal Sufficiency Marjorie M. Sit, dent Assistant County Attorney PlID.99-12 ORI)INAN('I'./RBq,, BANYAN WOODS A PI.,ANNED UNIT DEVELOPMENT 128 2 RF. GUI.ATIONS ANI) StlI'I'ORTING MASTER I'I.AN GOVI£RNIN(i A I'I.ANNED UNIT DEVEI.OPMF. NT PIJRSUANT TO PROVISIONS OF TIlE COI.LII'~R COI/NTY I,AND DEVEI.OPM[£NT CODE Prepared For: Marian Ii. (;erace, Trustee c/o Steven A. l.andy. Esq. of Greenberg. Traurig. et al 1221 Brickell Avenue Miami, Florida 33131 Prepared By: Nlichacl R, Fernandez, AI('P Planning Ilevdopn~¢nt Incorporated 133 Castclio Drive Suite 2. Naples. Florida 3410:. 041/ 263.6o~4 ~.11 /263-6081 fax I),\TI'; AI'I'!{()VEI) 115' BCC ()!~!)INANCE NUMBER ,,XNIIxNi)NllxN [ S AND REIq~AI. DOCUMENT I)ATE 09~10/99 ~ "': EXI lIBIT "A" _ II II I TABI~E OF CONTENTS SECTION I A(,F, # of 26 TABI.E OF CONTF. NTS 8: LIST OF EXI III31TS STATEMENT OF COMPLIANCE I II III VI V PROF'ERTh' OWNEP, SI-tlP & I)I£SCRIPTION PROJECT I)EVF. I.OI'MENT TRACT R: RESII)ENTIAI. I)I:.VI~I,OPMI!NT RI';GUI.ATIONS 15 AMENITY ARF. A TP, AC'I': DEVELOPMENT RI..'(iUI.ATIONS 20 DEVELOPMENT CO, 1MI1MEN IS 22 LIST OF EXt lIBITS / ATTACt IMI.2N'I'S EXIIIBIT B EXHIBIT C Piti) Master Plan l.ocation Map 12B 2 Page 2 of 26 12 ] 2 STATEMI';NT OF COMI LIANCI; The development of approximately 48.87 acres of properly in Collier County. as a Planned Unit Development to be known as 13anyan Woods will be in compliance with the goals, ob. jcctivcs and policies of Collier County as set forth in the Con~prchcnsive Plan. The residential facilities of Banyan Woods will be consistent with applicable comprehensive planning objectives oI' each of the elements of the Growth Management Plan for the following reasons: The subject propeny's location in relation to existing or proposed community facilities and services permits the dcvelopment's residential density as described in Objective 2 of the Futt, re l.and Use Element. ° The project development is c()mpaliblc and complementary it) existing and future stirrounding land uses as required in Policy 5.4 (,fthc I"uturc [,and tJsc l!Icmcnt. Improvements arc planned to bc in compliance witit at~plicablc sections of the ('(~11icr Land l)cvclopmcnt Code as set Ibrth in ()bjective 3 of the Future l.;md I~sc t!lcmcnt. The project development will resttit in an efficient and economical extension ~fcommunity facilities and sen, ices as required in Policies 3. I.[I and 3. l.l. of the Future [.and l ;se L:lemcnt. o ]'he subject property is within tile I !rban Residential Mixed 17sc I)ismct and the Rcsldcntia! l)ensitv Band around the Pine Ridge Road - .,\irport-I'ulllng R~<~d .Xcti,.it,. ('enter. on the Future l.and l~sc Map. 'I be pn~p,~scd development also has direct access to tx~o {2) arterial roads and is located outside of the ]'rat'tic Congestion Area and therefore is digiNc for 1 additmnal dx~clling unit per acre '[ hc proposed dcnsit.v tbr the pnOcct is 7.67 units per acre in compliance with the Future l.and t:se [:.letocat of the Growth Management Plan based on the following relationships to required criteria: Base I)ensity Activity Center l)ensity Band gzg.~.d v.'ay Acccs.$ Maximum l*crmittcct l)ensity dwelling units per acre dwelling units per acre dwt:lling.tmit per acre dxvclling units per acre l[l summaD'. the subject property has an area of 48.87.!: acres: thcrcfort. the maximum number of units this development is eligible f{,r is 391 units and the proposed development is for a maximum o1'375 units. The project site will have a maximum density of 7.67 units per acre. This density is deemed consistent with tile density provided for by tile County's Growth Management Plan. ACRt.2AGF. tINITS YlI'2[~I) t NIAXIMUM) 48.87 Acres 7.67 -~..: 375 Page 3 of 26 12B:2 All final local development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier Count.',' [.and Development Code. The project will be served by a complete range of services and utilities as approved by the County. Banyan Woods PUD implements Policy 5.6 of the Future [,and Use Element in that a minimum of sixty (60) percent of the project will bc open space. The project is compatible with adjacent land uses tt~rough the internal arrangement of structures, tile placement of land use buffers, and the proposed development standards contained herein. Page 4 of 26 2 1.1 1.2 1.3 SECTIO~ ! I'i~,01'ERTY OWNERS!Ill' AND 1)ESCRIPTI()N The purpose of this Section is to set forth the location and ownership of the propert)'. and to describe the existing conditions of the property proposed to bc developed under the project name of Banyan Woods I'UD. The subject propert5' being: TIlE FOLLOWING DESCRIliEI) PROI'I~R IY IN COI.I.IF.R COUNI'Y, FLORIDA: A PARCEl. OF I.AND I.YIN(; WI'I'tIIN SFC'II(IN 13, TOWNSItlP ,Io SOU'Ill, RANGF. 25 EAST, COLLIER COUN I'Y. FLORIDA, BEIN(; M()RE PARTICULARLY DESCIUBEI) AS FOLI.OWS: BEGINNING AT 'I liE SOLITt IWF. ST CORNER OF 711E PI.AT OF CAR Il. I.ON (t'I.AT BOOK 21, PAGE 59 -61); Tt[ENCE N 88°50'18" E. ALONG SAID PLAT A DISTANCE OF 710.00 FEET: TtlENCE N 01 °00'37" W. AI,ONG SAIl) PI.AT A DISTANCE OF 373.80 FEET: TItENCE S 89°52'59" E. AI.ONG SAIl) I'I,AT AND '[tIF. EXTENSION TIIEREOF A DISTANCE OF 571.37 FEET TO AN INTI.~RSECTION WITII TIlE WESTERLY L1NE OF KENSINGTON PARK PttASE ONE (PLAT BOOK 21. PAGE 62-671: T}IENCE S 01°00'37" E. AI,ONG SAIl) WI.iSTERI.Y I,INE AND TIIE EXTENSION T}IEREOF A DISTANCE OF 1879.22 Ft:,t';T 'to AN INTF. RSI.~CTION WIT}I TIIF, NOR'ItlERLY IANE OF TIMBERWOOl) (UN-PI.ATTED); TI 1ENCE N 80°31'09" W, ALONG SAIl) NORTI 1ERI.Y LINE A DISTANCE OF 1277.77 FEET TO AN INTERSECTION WITII TIlE EASTERLY RIGlIT.OF.WAY LINE OF AIRPORT PULI.ING ROAD; TtlENCE N 01°09'42" W, ALONG SAIl) F. ASTERI.Y I.INE A DISTANCE OF 1481.54 FEET, TO TIlE POINT OF BEGINNING. CONTAINING 48.866 ACR[:.S OF I.ANI). MORE OR I,ESS. SUBJECT TO EASI!MENTS AND RF. STRICTIONS OF RECORI). PROPERTY O\VNERSIIII! Tim subject property is currentb: under the ownership or control of Marian tt. Gcracc. Trustee. hereinafter called "applicant or de,.elopcr '. Page 5 of 26 1.4 1.5 2 The 4g.g7 acre project site is located within ,%ection 13. TownM~ip ,10S. Ran~c 25 tC Collier County. 'I1~c parcel is approximately 4g.g7 acres in size and is Iocmcd casl of Airpore-Pulling Road and approxhnatcly one ball mile sot. nh of Pine t(id~c Road. The Airport Road Canal. with a right-oGway width of I00 feet, is located between the Ai~ort-Pulling Road right-of-way and the subject property. The site is also directly north of the 'l'imbe~vood residential community and is west of and abuts the World Tennis ('enter and Kensington rcsidenlial communities. The primary development objective is a nmxinmm of 375 residential dwellings within a unilicd residential community. Maximum gross project density is 7.67 units per acre. The Toning classil]cation of the subject properly prior to the date ofth{s approved l'l H) l)ocumcnt was "A" - Rural ?\.uriculture. The subject propen5 is relatively level with tievail(ms t¥om 9.0' 1() [ I. 1' above mcan sea level. The pro~ny has been used fi)r row crop agricuhural uses now or in the immediate past. The silc's two prominent contextual Ik'atures are that it abuts the Airport Road Canal and abuts the Carillon Plaza Shopping Center. Natural drainage is to the southwest to the :Xirpon Road Canal. Water management plans tbr the project are to utilize lake detention areas. The site has the Ibllov,'ing designation relative to flood -l:l'~Nl:\ l:lood .~\rea/\me X. l:im~ Map l'ancl 385 t~t' I 125 ('ommunity l'ancl No. 12(1067 (I.385 13: Map l*,cviscd .trine 3. 1986. 1,6 I!I(OJI~CT DI!SCP, IPTION Banyan \Voods l'[Jl) is a planned development of residential acreage which shall support development consisting of residential dwellings and associnted recreational amenities. Each residential unit will bc served with centrally provided potable water. sanitary sewer and electric power. ,Xdditional services will bc pr~widcd as appropriate. tlpto 12 acresof the project may be developed as an aduh living lk~cilitx' and/or nursing home. The residential acreage units allocated to each acre developed tk)r adult living lk~cilitics and/or nursing homes shall be subtracted IYom the oxcra}l units permitted within the Pill). IDatrance to the development will be provided froill iXirport [{oad at the existing traffic light lYonting the parcel. The project's initial construction access and potential secondan' community access shall be via an ingress / egress casement which provides direct access to Pine Ridge 1.7 St tCIICI' TI'I'I_.E This Ordinance shall be known aml cited as the "1/anyan Woods Planned Unit Development Ordinance." Page 6 of 26 2.1 2.2 · 'ql'.C I I()~ 11 i' R(),I ~(Tr !)I.~VI,~ I ,()I'M I,~N'i' R I'~(.) Ill i~, 1,5 M t.5 N'i'S The purpose of this 5;cction is to delineate and generally describe lhc pro.jcct's plan oF development. relationships to applicable Cotinly ordinances. as well as other project relationshi ps. l{.cgulations liar developmen! of l),aID'an Woods shall be in accordance with the contents of this document. l't;I)-l'hmncd Unit I)cvclopmcnt District and other npplicablc sections and parts o1' the Collier (,ountv l.and I)cvch~pmcnt (~ode and (;rowlh Management l)lan (to the cxlcnt they are not inconsistent with the PlJI) Ordinance) in cfl~ct at the time of issum;cc of;my development order to which said regulations relate which nulhori/cs the construction of improvements. Where the regulations o(this PtJI) I),~ctuncnt l~il to provide dcvclt~pmcntat stnndards. then the provisi,ms of the mosl similar district n the (;ounty l.and l)cvclopmcnt Code shall apply. Unless othcr,.vise noted. the delinitions of all terms shall be tile same as the delinitions set forth in ('oilier ('otmty land l)evclopmcnt (./ode in eFFect at the time oF building permit application. All conditions imposed and nil graphic material presented depicting restrictions the development of }km,.'an \Voods shall become part oFthe regulations which govern the manner in :,,'hich the ['[ H) site may bc developed. I). Unless roodtiled, waived or excepted by this l'tJl) document or associated exhibits. the applicable provisions ol'otber sections of tile Land l)evelopment Code remain in full force and effect x.,itll respect to the development of the Innd which comprises this l)cvclopmcnt permitted b.v the approval of this petition will be subject to a concurrency review under tile provisions of Division 3.15, Adequate Public Facilities at the earliest or next to occur of either Site l)cvclopmcnt l'lan approval. F:nal plat approval. or building permit issuance applicable to this development. 2 l'age 7 t){' 26 ':: 2.3 :.- r- N¢ : ~ : "' N N)~ ( '( A. The project 1Master t'lan. including the use ofhmd for the acreage noted. is iljustrated graphically hv Exhibit "B", fl. It') Master l'!an. 2 - 1.[2.B_LI2J& 1 N' N W(3() }S :.," l'vl~ TRACT LAND US['; APPR¢)XIMA'['[~ ACREAG[:, R 1 R2 1{5 AMF, NI I'Y/liN'I RY RF, SIDENTIAI, II RI.;SlI)I.;NTIAI, II .o RF, SII)I,;NTI AI, 6.5 14 [{SI [ )[.~N'[ IA[. I~I~II)ENTIAI. 9.0 CANAl. FISVI'URI~ AN[) RI~CRI'~A'I'I()NAI, 1.37 48.87 Note A. The Maximum Number of Residential t/nits Within the Pt;I): 375 t/nits. Approximatdy 7.67 *,'- Units Per Acre. Note B. The Number o[ Units Aml Intem, ity of Units per Acre Wifi~in Specific Residential Tracts May lie Varied Provided The Number Within '['hc Entire PIJ[) l)ocs Not Exceed 375 Units. Note C. Location. Size and Nunlbcr of Tracts Is Cm~ceptual and May Be Amended with the Preliminary Subdivision Plat tPSP) Application or Site l)cvclopmcnl Wan (Sl)P Application. The l,and tlsc Table above. a copy of which is shown on the Pill) Master Plan (Exhibit "IV') is a schedule of the inlcndcd land uses. with appmxi mate acreage o f the Iotal prq}ccl indicated, 'lhc arrangement of these land areas is shown on the Master I'lan. The Master l)cvclopmcnt f'lan is an iljustrative prcliminao' development plan. l)csign criteria and layout that is iljustrated on the Master 13cvclopmcnt Plan and other exhibits supporting this project shall be understood to be IlexiNc so that final design may satiMp' development objectives and bc consistent with the project dcxelopmenl, as set fimh in this document. Modification to all botmdarics may be permitted at the time of I'rcliminaw Subdivision flat or Site Development l'lan approval. subject to the provisions of the Collier County l,and l)cvclopmcnt Code or as othcrxvisc permitted by this I'UI) document. l'age 8 of 26 2.4 2.5 2.6 2.7 1.2B I). casements and ri~hts-oJLway sh;tlJ bc established within the proicct si~c as may be ncccssaO' or desirable l~r the service. function. or conycrochet of the pr(!jccL DI;,SCI~.II"I'!()N (_)1: t2i~0.II:,£"I' I)J.:,~SVFY No more than 3'75 residential dwelling units shall be constructed in the 4g.87 +/- acre pnlicct area. If all dwelling units are constructed, gross density will be 7.67 units per acre. Up to 12 acres of the project may be developed tbr an adult living tktcility and/or nursing home at an intensity not to exceed a FAR lFlotw Area l{atio) oF {).45. The residential acreage units allocated to each acre developed lk~r aduh living facilities and/or nursing homes shall be subtracted from the ox'crall ~mits permitted with the D E v I :J. O IN, 2122(.'.U I.: 12 E!.,J_i The applicanl estimates completion ~l'impr~'~'cmcnts ~ tile property si~,uld ,~ccur by January 2004. ,,\MI!NDNll,iNT.% T¢)PI,"I}./~CI_~,XII~,NT ¢MkJ211XL) XI;\.'4'I'j:~R I'_LI :,2,_" Code. ,qection 3.7.3.5. Prior t~ the rccordinLz ot'a I;,ccord l'htt, and/or ('tmdominitm~ Plat tk)r all or part of the PUI). final plans oF all required improvements shall receive approval of the appropriate Collier Counly govcmn~enlal agency Io ensure compliance witl~ the PUI) Master Plink. and as applicable. lhe Collier County ~uhdivision ('ode and the platting Jaws of the Sla~e o1' Florida. l-:xhibil "I~". I'lll) Master l'hm. constitutes tile required fiji) [)evclopment Plan. Subsequent to or concurrent wid~ flit) approval, a Prclimim~ry Subdivision Plat. it' applicable. Mml[ be submiltcd Ik,r the entire area covered by lhc ['tJD \1aster Plan. Any division of properly and ihc development oFthe land shall bc in compliance with Division 3.2 oF the Collier C'ounly l,and l)evelopmcnt (~odc. and the platting laws ol' the Nm~e of l:1orida. C. The provisions of l)ivision 3.3 o1' the Collier County l,and l)cvclopmcnt Code. when applicable. shall apply to H~e development of all platted tracts. or parcels of land as provided in said I)ivision prior to the issuance of a building permit or other development order. D. Appropriate instruments will bc provided at the time of inl'rastmcture improvements regarding any dedications and method for providing perpetual maintenance of Page 9 ot' 26 2 2.8 2.0 I£. common facilities, The dcveh)pment o£ any tract or parcel approved [br residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit nnd receive approval of a PreliminaD' SubdMsion Plat in contbrmance with requirements of Division 3.2 of the Collier County 1.and l)evelopment Code prior to the submittal of construction phms and a final plat Ibr any portion of the tract or parcel. F, All conditim:s imposed and all graphic material presented depicting restrictions tbr the development of Ikmyan \\~oods shall beemac part of the r%uulations which govern the manner in which the I't!l) site may bc developed. Model honlcs. sale centers and olher uses and strtlcturcs related real estate. such as bill not J:,nliJcd Io p:v,'ilions. vicv, ing plattitans. [2azcl')os. parking areas, tellIs. and signs, shall bc permitted principal uses ll'lrOLlghotlt requirements of Section _.6..~.4 alld ~cctioll .~.2.6..).6. of the Collicr CoL,.'ltv DevcJopmcn! ('ode. Model homes/model centers inchMing sales center shall be pcrrnittcd in conjt,rmtion v.'ith tl~c promotion o£ Ihc development sub ect to the tbllowing: Single I::unily Nlodcls I11aV b'2 conslructcd after administrative appro~ al of a plat and construction plans prior Io recording of a plat, Models may bc permitted as "dry mt)dcls" and must {,brain a conditional certiiicat¢ ol'occupallcy for model purp()scs only. Models may not bc an occupied unit until a permanent ccrti fieale of occupancy is issued. C. Models may m)t be utilized its "sales offices" v<ithout approval by and through the Nitc l)cveh)pmcnt Plan pn)ccss. Thc Sl)l' process shall not bc required Ibr dB' models pursuant to this Nccli~)n. D. TemporaT access and utility caSellletlts IlllB' be provided in lieu of dedicated rights- of-way lbr tcmporaB.' service to model homes. addilion to the use of model homes as sales offices or centers. a sales office or ¢enler may be maintained on-si~e Ibr the sales, marketin~ and administration of recreation dub memberships, .......... ', N _;_'"2_ ._ ' J,,,%NI)SC,.\I'F. p,111:FFJ~,S, I~I(P, MS, FIiNCF, S, \VAI,I,S ,,\~ 1') (,.\1 hl!f_gtJShS l,andscapc buffers. bcrms. t;znccs. walls and gatehouses are generally permitted as a Page 10 of 26 2 princip:fi use throughout the Banyan Woods fiji). Along Ihc I'[ID boundaries. the landscape buffers. herres. fences and walls that may bc installed shall have equal treatment and maintenance or the ir:tcrior and exterior of said I:mdscapc buffers. betres. fences and walls. The following standards slYall apply: A. Bcrms shall have the lbllowing maximum side slopes: 2. 3. 4. 5. Grasscd bcrms over two feet in height - 4:1 l.andscapcd berrns - 3:1 Rip-Rap herres- 1:I Structural v,'allcd bcrms may bc vertical Required buffer planting area - 4:1 I tcight of l,amlscapcd Ilcrms and l)cpfil of Swales: A 4'I slope shall bc required for herres and s'~,alc:~. except under tilt. following circerest:races: The maximum height :fflhc hcrm is ibur IL'ct. as measured t?,m: existing grade. if:t 3:1 slept is utilixed and tile bcrm is landscaped. The maxinmm depth of a sw::l¢ rnav be Ibur IL'ct. :is measured from existing grade. ira 3:1 landscaped slope is utilixed. A 3:1 slope is also permitted if the height of the slope is two feet in height or less or if the open channel is two feet in height or less. C. Fence or wall maximum height: The maximum height tbr all ,.vails and fences around the perimeter of the development shall be ten (10) feet above the tinished grade level of the nearest street. Walls and fi:nces within tl~c development shall ctmtbrm with Collier County l.and Development Code requirements. Fence or wall setbacks: Fences. walls and similar structures shall have a minimen: of a 5 foot setback from development boundaries where adjacent to public right-of-way and a 2 foot setback from all other land uses. 2 E. Pedestrian sidewalks, bike paths. water management facilities and structures may be incorporated into the required landscape bufl~r areas, consistent with Section 2.4.7.3.4 of the l,and l)cvclopmcnt Code. [:. (latehouses and access contr{)l structures shall have no required setback {?ore edge of pavement or back of curb. I'agc li of 26 2.10 Platted project streets shall be private and oxvncd hv it [ [otneo',,.'ncr:;' ,.\sst)ciation and si~a[[ bc classil'icd as local streets. 2.11 LAKI£ S[~'I'i~,,~\CK 2.12 'l'hc lake setback requirements described in Neetion 3.5.7.1 of the ('oilier County l.and Development Code may be reduced with the adminislrativc approval of the Collier County [)cvclopment Services [)irector. l.akes may bc excavated to a maximum depth of twenty (20) lkct. Removal of 1111 I}om l~anyan Woods shall bc limited i() an amount up to I0 percent (to a maximum oI'20.000 cubic yards)of the Iota[ volume excavated unless a c~nmncrcial excavation permit is received. All solbacks .shall be me.qsured from the location of lhe ct,ntour ~,f the control clcvatim~ o[' lhe lake. 'I he required setback to nny right-of. way. roadway or access casement may be twenty-live {25) Iket if supperled by design calculations submitted at the dine of development plan review. The required setback to any extended properly lines may be twemy-fivc (25} Feet if the property line is properly Iknccd. The required setback to any property line or tract line internal to ~he l~anvan Woods dcvclt,pmcnt shall be zero Igor. except lJlal a 2(1' lake rllainlcJlar~cc casemctel nmst be created and mainlathed. Fill storage is generally permitted as it principal use throughout tile l~,anyan \Voods Pt ll). Fill material gertcrated may be stockpiled within areas designated R~r residential development upon issuancc of a Clearing and Filling Permit. Prior to st~,ckpiting in these h~cations. n l.ettcr oFNt~tilication along x~'ith the platIs sh{,wing the locations and cro~s-scctions shall hc submitted to Collier C~tllllv linginccring Scrx~iccs ik,r review and :ipproval. The ti~11owing standards shall apply: A. Ntockpilc maximum side slope.,,: 3:1 17,. Stockpile maximum height: Thirty-five (.351 lhzct Fill storage areas shall he screened with a security fence at least six (61 lkct in height above ground level. except as may othcrv,'ise be approved by Collier County t!nginccring Services pt~rsuant to at suhmittcd grading and t~lling plan. I). Soil and erosion control shall bc provided in accordarmc with the Collier County I.and I)cvclopmcnt Code. l)ivision 3.7. 2 l'agc 12 of 26 2.13 12B 2 The project's principal access will be. a l\dl access onto Airport Road at the existing traffic signal; hov,'cver. tim project will attempt to interconnect to the residential project to the north (Carillon P[JD) so as tO share a traltic control signal on Pine Ridge Road. Additionally. the projcct's proposed construction access from Pine Ridge Road over its ingress /egress casement. shall be improved to driveway standards and made available for the projcct's residents prior m issuance ot'a building permit [br the __., dwelling unit. The project shall also provide an interconnect to the adjacent .,,hopping ccnt,.'r For the convenience of its residents. 2.14 ASSOCI/Vi'ION OF I'ROPIiRTY O",.VNI~ {b' "_..J. I2!L~N_l_M()N_,'5_LL:.x.\. N_Jz_X_XU.iN:\NC!5.' Wll¢llevcr tile deveh)per elects t,) create land area ;rod/or recreation anlcnilics whose nwnership aim maintenance responsibility is a common interest to all oF the subsequent purchasers of property xGthln said development in which the Ct,llllllt)11 interest is located, that developer entity shall provide appropriate legal inslrumcnts lbr the csu~blishment Property l)wncrs' Association or olhcr appropriate entity whose l'uncti(m shall include provisions fi~r the pcrpctunl care and maintenance of all comm,m l~tcilitics and open space subject Further to the pmx isMns or' the Collier ('otmtv l.and l)cvclopmcnt Code. Section 2.15 1 :.,,\.~_S I ( M E N' I ,',; 2.16 All necessar)' casements. dedications. or .ther ilastruments shall be tjrantcd to ensure the continued operation :red maintenance el'all service utilities in compliance with applicable regulations in effect at the time of development appnwals. ('OXlM(')N A.R19N CnnullOn area mainter~ancc. including the mainlcnancc el'or,ramon l]~cilitics. open spaces. street trees and water managcnlcnl fi~cilitics shall be the responsibility of the [)eveloper. its successors or assigns. The 13cvclopcr. its successors or assigns. shall retain copies of the projcct's master plans lk~r COllllllOH fi~cilitics and their associated maintenance programs requirements. " ............ ' ,: "'s ,.17 Ot'I~N Si',,\('I! RI:.(')l:IRt;.NII.N I. A combination of tile lakes. landscape bt~l'fizrs and other open space shall meet the sixty (60 percent open space requirement Ibr dcvch~pmcnt as set fimh in Section ~ ~ ' ~ 3 _.u..,_._ oF the I.I)C. Open space shall include all pervious green space within development parcels and lots. l'age 13 of 26 2.18 AGRICULTLIIGXl, ACTIVITliiS The site has bccn used and is currcntly utilized for agricultural purposes. Agricultural activities. as &t'incd in the l.and I.)cvclopmcnt Code. shall continue to bca permitted use until such time as residential development has commenced. Page 14 of 26 3.1 3.2 3.3 12B 2 SECTI()N III TRACT R: !~I.~SI!)I.;N'I'IAI, I)EVI.;I,OI'MENT I~E(;ULATIONS The purpose of this Section is to identify specific development standards for the area designated as Tract "RI" through Tract "RS" on the PUI) Master Plat,, Exhibit "P,". MAXIMLiM [)',,vt. SLI.ING LINITS The maximum number of dv.'clling units that may be constructed xvithin this 48.87 acre prQcct is 375. lip to 12 acres of the project may bc developed for aduh living facilities and/or nursing homes. Adult living f'acilities and/or nursing homes shall be limited to a maximum FAP, (Floor Area Ratio) oFO.45. kJSES I~ERM ITTI';I) Residential tireas designated on the Master l'lan arc to accommodate a Full ran~c of residential dwelling units. recreational lhcilitics. essential services, oustomar5' accessory uses. and compatible land uscs. No building or structure. or part thorcol: shall be erected. abered or used. or land used, in whole or in part. for other than the following: A. l'rincipal Uses: l",csidential dwellings. including single Family, attached and detached. duplex and two family dwellings, townhouses. zero lot line and muhi-fanfily dwellings. including garden apartments. Any other use which is comparable in nature with the foregoing uses anti which the I)evelopment Services Director determines to be compatible. B. Conditional tJses: 1. Aduh living facilities and nursing homes. 2. Churches and other places ol'worship. C. Acccssou' Uses: Uses and structures that art: accessoD' and incidental to uses permitted as of right. including private garages. Page 15 of 26 3.4 (2) Essential serb'ices. including interim anti permanent utility and maintenance thcilities. (3) Any other use which is comparable in nature with tile foregoing uses and which the Development Sen'ices Director determines to be compatible. Banyan Woods PUI) will feature an integrated and compatible architectural building style or theme. which will be incorporated into all residential structures. P, uildings will feature unifying and complementary design elements such as roof treatments. building materials and building colors. To reduce mass, architectural design treatments such ns articulated roof lines. balconies. building offsets. and unified landscaping will be provided. The individt,al buildings may vary in size and configuration. Table I sets forth the development standards for land uses within the "R" Residential District within the Banyan Woods I'UL). Front yard setbacks in Table I shall be measured as follows: If tile parcel is served by a public or private right-ol:way. tire setback is measured from the adjacent right-of-way line. If the parcel is served by a non-platted private drive. the setback is measured from tile back of curb or edge of pavement. It' tile parcel is served by a platted private drive, the setback is measured from the road easement or propert)' line. (a) Carports are permitted within parking areas. (b) Garages are permitted at tire edge of the vehicular pavement which provides access to a designated parking space. Page 16 of 26 'I',,\ I~,I .F. II Development Standards fi~r Residential Areas designated as "R" Tracts on tile I'UI) Nlaster Plan.. Single Family Delached 7.ero Lo! I.in¢ Two Family & Duplex Single Attached anti '[m~nh.use Muhi-family Minimum l.ot Area (Sq Ft.1 5.000 3.500 3.500 (per unit) 1.800 (per 43.560 unit) Minimum l.ot Width 5o 50 Front Yard Sctb;tck 20 2t~ 20 20 2(I Front Yard for Side Ent~ (~ara~c 20 15 15 15 15 20 20 2o 20 20 Rear Yard Setback {Principal) Rear Yard Setback (Accessor,v) 5 . I q~r5. 75d ,I 35 .200 'i sBll. ~hlch¢~er I~ Side Yard Sethact, if'freq.:pal ;red 1,00{} Maximum I lei~hl {Principal and Accessor2,.'t Io 5 · I 35 II) or Min. Floor Area Ill 35 '/: Sill I, grea*cr Min. [)tstao¢¢ I~,et~¢en I'rim. ip.d .Nlrucl'.lr e~i I0 I hr - 700 >q I't 2 br - YOO ~,1 It 3 br - I I1}O .,q l; [I) Or greater 2 BII: SBII: Ihnlding Ileigh! Sum of BuildinF I leights · ('omhmcd height ~,t' t~ o adiaccnt buildings fi~r the purpuqc nf ,tclcrmming setbat[ tcqtilr¢111c~ls. Greater 'l'han %crx io:~ Dcpamncnt x~ tth the applicalion fi~r the I~tM hulkling pcmnt '1 he cm~ccptual exhibit may bc modified as needed All dtslimccs are ul feet LJnlcss othcr~isc irated oppostlc stdc of the structure shall have a ten foot (I(l') }ard 7cro fnot 10'1 yards may bc used on either side of a structure provided thai Ihc opposjlc ten fnot (10'1)ard i~ pru~Jdcd Patios, pools and screen enclosures may encroach into the t0' > ard anti may attach to the adjoinin~ d~'clhng prt*~ idcd an casctl~Ctlt is granted frmn the at[joining dwclhng unit o~ nor. Where this optran Is used. a c,mccptual 4to pl,m fi~r all lots plalted for patio and ten> lot line shall be submitted In the Building Dcpl with the applicatmn fi~r the fir~t braiding permit. 'Ibis plan will be used to determine the I0 foot qpacmg r~qtllrcnlcnl bctx~¢c~ slructt;re~. Site xs idlh Ilia> bc reduced oo Ctll-dc-sac lots prt)l idcd a mininxum cord length -f 21 l¢ct is prox idcd and the axcr,~gc ~ Id[tl 1~I' Ih~ lot Is equal to or ~reatcr Illan the lnlnlnluHI M;mdard Rear Yard Setback for ~atcrfront It*Is ma> be reduced to zero (0') feel ~hcrc no lake maintenance ~s rcqmrcd. l'agc 17 of 26 3.5 3.6 3.7 3.g 12B-2 In the event a housing project (including infrastructure) is designed with a common arcNtcctural theme. the Collier County I)cvcloprncnt Services Director may permit variations from the previously listed residential development regulations. Prior to approval mid subject to the provisions of Division 3.3 of the Collier County l.and Development Code. the Collier C()tu'~ty Development Services l)ircctor .shall cnstir¢ that the plans arc appro?riatc for and compaliblc with tile surrounding area. and comply with the basic intent of tile Pt 513 standards. The maximum number of stories penniucd shall be two (2) habitable floors no greater than thirty-five {a. ) feet xvithin 15(i Ft.'el of Ihe cxisling residential communities which are located south and east of the sile. The maximum bt, ilding height shall be 3 st~,ries no greater than forty (40) feet thrc, ugh,ut Ihe rein:finder of the development. ,,'ks required hv [)ivision" '" ~ _.., ofthe [.and l)cvclopmcnt Code in cfl~t:t at the time of buildin,_, permit :~pplicatim~. North. F. ast and South l't!D Boundaries: 15 lbot minimum wkhh Type It buFt~r enhanced by a 5 thor high black or green vinyl coated chain link fence xvhcrc a s.:curitv fence has not been provided tw lhc adjacent dcx'cl~qm~cnt. '[hc Ibnce shall be woven }~ctwcen shrubs to screen the tbncc From view at hedge maturity. The buffer sl~all bc constructed on a bcrm having a minimum height of 2 l~ct abox'c the xvatcr management control clcvatitm. Required shade trees shall have a minimum height at installation o1'14 tbct. A 20 foot x,.'idc Type I) buffer shall bc provided adjacent to the Airport R~ad Canal. except lhc minimum height of shade trees shall bc 16 iZ. ct at installation and the bul'l~r shall be conslructed tm a bcrm having a minimum height o1'2 l~ct above the xvatcr management control elcvati~m. Additionally, the developer will seek approval IYom the ttig Cypress lk~sin Board to install siroct trees along Airport Road. Street trees shall bc provided on both sides o£all internal roads or access way:;, A street tree master plan shall be included xvitt~ the application for a Prcliminao' Subdivision Plat (PSP) or Site l)cvclopmcnt Plan (SI)I') as may bc appropriate. Installation of individual trees shall be prior to or concurrent with the dcx clopment of the adjacent dwelling unit or structure in proximity Io the roadway or access x~av. Shade trees in proximity to sidewalks or other paved areas shall bc installed with adccp root barrier system. Street trees shall be placed at the more restrictive of one per lot or one per 60 linear feet. A minimum of 50 percent of the Irecs shall be canopy trees wifi~ a 14 Ibm height at installation. Palms shall have a minimum Page Ig of 26 3.9 hcigh~ of I g tbct at installation. '[ rccs must bc locmcd no morc titan I0 fcct from thc cdgc of pavement to bc classified as street trees and shall bc installed between the cdgc of pavement and sidewalk when viable. Once installed, should a street trcc bc displaced or die, they shall be replaced within 12 months. Replacement trees shall minimally meet the original specification requirements. including consistency with the master street tree plan. This tree requirement ~s in addition ~o any other Collier Cottory l,and Development Code landscape requirements and shall not be required to meet halire species requirements of the Collier County I.and [)cx'clopmcnt Code. All buildings. lighting..',ign:~gc. arm I:mdscaping shall hc architecturally and acstt~ctically unified. ["lal mol~ as a primaD' ro~ff clement for buildings and accessory structures prohibited and roof slopes shall have a minimum pitch of4:l. All pole lighling. internal to the project. shall be architectttrally designed ;red limited to a height of 20 Peet. 2 I'agc 1~,~ of 26 :'5: ? SEC'i'!()N IV 12B AM F.N!'I'V AREA TRACT: i)EVELOPM ENT RI':(; U L. ATI(INS 4.1 The purpose of this Section is to identify specific development standards tbr the area designated ,,\, ,II:NITY ARkA on the PUD Master t'lan. Exhibit "B" 4.2 No building or structure. or part thcrco£, shall be erected, altered or used. or land used. in whole or in part. for other than the tbllowing: I'rincipal Uses: Community and recreational uses and facilities such as swimming pools. tennis corms, children's playground areas. clubhouse and similar t~cilitics that serve as an integral part of a residential development. Such uses shall be visually and fimclionally compatible with the adjacent residences which have the use of such fixcilitics. Any other use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible. B. Accessory Uses: (i) [Jscs and structures that are acccsso~' and incicicntal to uses permitted as of right. {2) {3) l'~sscntial services, including interim and permanent utility and maintenance facilities. Any other use which is comparable in nature with the foregoing uses and which the I)evclopmcnt Services Director determines to be compatible. 4.3 D!';V L:I.,O P~M F. NT STANDAFtDS /\. Front yard setbacks shall bc measured as tifflows: If the parcel is served by a public or private right-of-v,'a,v. the setback is measured from the adjacent right-of~way line. If the parcel is served by a non-platted private drive, the setback is measured t¥om the back of curb or cdgc of pavement. If the parcel is served bv a l'age 20 of 26 .~ go Go platted private drive. the setback is measured from the road casement or properly line. Setbacks 1. Front Yard: 2. Side Yard: 3. Rear Yard: Maximum l [eight: Minimum Lot Width: Minimum l,ot Depth: Minimum l,ot Area: Minimum Distance Between Struclures: 25 feet 25 feet 25 feet 35 tk:ct or three (3) stories. whichever is least. 75 fizct 75 feet ~,,000 I'cct l 0 fcct Page 21 of 26 SECTION V I)EVEI,()I'M ENT C()M,'I IT51ENTS 12B 2 5.1 ~ The purpose of this Section is to set Ibrth tim development commitments fi.)r the development of the project. 5.2 :~ All facilities shall hc constructed in accordance with .";itc l)cvclopmcnt l'lans. Final Subdivision Plans and all applicable State and local laws. codes and regulations applicable to this PUD. Except where specifically noted or stated otherwise. the standards and spccitications of the Land Development Code. l)Msion 3.2 .qmll apply to this project even it' the land within the PUI) is not to bc platted. The developer. its successors and assigns. shall be responsible Ibr the commitments outlined in this document. The developer. its successor or assignee. agree ~o fi, llow the Maslcr l'lan and the regulations of the PUD ms adopted. and an.'.' other conditions or modifications as may bc agreed to in the rezoning of the property. In addition. an5' successor or assign,.:e in title is bound bv the commitments within this agreement. 5.3 I'U'I) M :'~ S'I/E l~, Exhibit "W', Pl. Jl) Master Plan. iljustrates tim proposed development and is conceptual in nature, l'roposcd tract or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as at final platting or site development plan application, subject to tile provisions of tile I.and Development Code and amendments as may be made from time to time. All ncccssar3' casements. dedications. or other instruments shall bc granted to ensure tim continued operation and maintenance of all service utilities ,red all common areas in the project. 5.4 MONITORING I.U.~I'ORT ANI) SUNF, 15I' PR()v!SION.'q The l½anvan \Voods PUI) shall bc subicct to the '['imc I.imits of Section _.7..~.4 of the [.and l)cvetopment Code. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 oflhe Collier County l,and l)evelopment Code. Page 22 of 26 5.5 :V: ~N' : "' : ': r'¢ N : f X S" ) ' I 12B The Site Development Plan Division of the Collier County l.and l)cvcloprncnt Code shall apply to Bartyah Woods F'I. JD, except flor exemptions set lbrth herein or otherwise granted pursuant to Collier County l.and Development Code Section 3.3.3. 5.6 I ~, 'T "l TIONS/\N ') :X '1:. 'TIONS T( ,qlIBI)IVIS N~I.ATIONS The £ollovdng design substitutions shall apply' I). E. F. I.D¢' Scctim~ 3.2.8.3.19: Street name signs sitall be approved by the l)cvclopmcnt Services Director but need not meet ti~e t I.S.i).().T.F.i i.W.A. Xlanuat on [Jnitbrm Traf'fic Control Dcvicc:~. lnlcrnal street pavcmcntpaiming and reflective edging requirements arc waived. [.IX' Ncctinn 3.2.8.4.16.5: All internal sireels shall c~msi {trod local Nitcots and their standard right-ol~xvay width shall bc fifty (5% t~cL o._.8.,1.16.6: The 1,000 tbot length lbr cul-de-sac streets shall bc waived. 'l'hc maximum length shall be 1,800 lkct unless :xlcndcd upon review and approval of the Fire District. IJ)C Section 3.2.8.4.16.10: The requirement for tangems between reverse curves shall be waived. ' ~ 2.d: LDC Section >._.8.4.[6. IThe requirement lbr aspha\it courses shall be xx'aivcd to allow the use of a surfi~cc course of paver brick or dcct~rntivc concrete pavcmc~t. I,I)C Section 3.2.8.4.16.12.e: The requirements that gr,~ss bc required l~r all non- paved areas of the right-ol~way shall be waived to allmy the installation ofdecorativc planters and alternative ground cover. l.l)C Section 3.2.8.4.22.9.c: The requirement that drainage l~cilitics in lots be spaced in accordance with }:I)OT criteria may be varied upon submittal o~' the neeessay' data to support the variance at the time of dcvclopmcnl plan submittal. TR A N S t' (_) R 'I'A'I 'l 0 N The dcvclol'm~cnt of the PUI) Master Plan shall bc subject to aml g~vc'med by the followir~g conditions: Arterial lcvct lighting shall bc provided at all project entrance:;. l,~stallation shall bc in place prior m issuance of:my certificates of occupancy. The I)cvclopcr shall provide a riglit turn lane at the existing traflic light on Airport Road and the l)evelopcr shall bear lite cost of improvements to the existing traffic signal which shnll serve the project lbr modification from an existing "T" intersection to a fitl[ intersection. prior to the issuance of any certificates ,d'occupancy. . .., of 26 2 Go Do 5.9 12B 2 The developer shall provide a right turn lane to the ingress / egress casement pruviding access to fine Ridge Road prior to use by the projcct's residents. This access shall be limited to a right-in. right-out. An.,,' access road extensions to the project constructed by the developer shall be to Collier (7ountv minimum constructior~ standards. 'Ih¢ l)c,.'clopcr shall provide an interconnection with tl~c ad.iaccnt Carillon Pi/I). as depicted on tile PUD Master Plan attached its l:.xhibit Road Impact Fees shall be paid in accordance with Ordinance 92-22. as amended. and shall be paid at the time buikling permits are issued tmlcs.s otherwise approved by the Board of County Commissioners. The irnprovcn~cnts described within this Section are deemed site related and theretbre are not eligible fi,r impact fee credits. It. Substantial competent evidence sh:fil he provided by the developer to the cfl~'ct that the pro. itel is designed to provide pass-through transmis4ion ~,1' historical road~va~ runeIT. In addition. site drainage shall not bc permitted ~o discharge directly into any roadway drainage system not spccilically designed For such discharge. Gatehouse thcilitics. it'any. shall be designed and located :,o its not to cause vehicles to be backed up onto any public roadway. Sat'cry access to crncrgcncy vehicles shall be provided. I. .All road~va>'s internal to tile Pt ;l) shall bc privatcl.x t,x~ncd aim maintained, Sl'l'ti L!G!I'I'ING l.ighting Facilities shall be arranged in a manner x,.hicl~ x~tll pr,~tcct roadwavs and neighborhood residential properties from direct glare or other in:crl'crcncc. SIONAGE ,.Nil signs shall he in accordance with l)ivision 2.5 of Collier Cotmt.v':; l.amt l)cvclopmcnt Code in effect at the time ot'Sitc l)evclopmcnt l'lan approval with the fi,llowing exceptions: Prt\icct [dentilication Signs -Tv.',~ ground. wall or gate im~jcct signs may be located at each pm. jcct entrance to the development and one additional project identification sign may be located on Airport Road. all st, bjcct to the fi,llowing requirements: Such signs shall contain only the name of the development. the insignia. or motto of tile development. and shall IlOt contain promotional or Slits material. l'rojcct identification signs shall not exceed sixty (60) souarc feet. excludir~g mounting surl'accs or structures. \\"here signage is altixcd or is in an integral l'agc 24 of 26 5.10 part of a wall or fi2ncc. the face of the sign may protrude aN wc the upper cdgc of tile ,.,.'all or fence. bu! remains subject to height restrictions. No project identitication signs shall exceed tile height often (10') feet above the finished grade Ic*.'c{ of the nearest street. l'rojcct idcntitication signs may be lighted. provided all lights are slficlded in a manner which prevents direct glare on adjacent roadways. or into adjacent residences. Pursuant to Section 2.2.25.8. I of the [.and [)cvclopmcnt Code. if. tit:: ing the course of site clearing, excavation or other constructinn activity :m historic or archaeological artil~tct is fimnd. all development within the minirotan area ncccssaD' to protect the discox'cry shall bc immediately stopped and the C'ollicr ('ounty Code Enfi~rccmcnt I)cpartmcnt contacted. 5.12 5.13 An exotic vegcl;.ltioll removal. monitoring. and 111aii~lct~ai~cc tc~,otic I'rcc) pl,tt~ for the site shall be submitted to ('urrcnt Planning F. nvironmcntal <.ta!T ibr rex it'.,. and approval prior to final site plan/cot~struction approval. An appropriate portion of native vegetation shall hc retained ,m .';itc ils required in section 3.0.5.5.4 of the Collier County I.and I)evclo[m~cnt £'odc. W ~ N~' ~ ,(',. "~. FW'/ :X:(il"qF :RING A copy of the approved South Florida Water Managcmcn~ i)~strict (.<,F\VMI)} Surface Water Permit shall bc :,ubmitted prior to any .";itc l)cvclopmcnt Plan apprnval. Prior to Ctmstruction l'lan approval. a South Florida \\'atcr Management District (S[:\VMI)) Right-ot'-\Vay and discharge pcrmi! shall bc subre:Ired. LiTII.ITI Water distribution and sewage collection and transmission facilities to serve the project are to be designed. constructed. conveyed. oxxncd and maintained in accordance x%'ith Collier ('ountv ()rdimmcc No. 88-7~,. as amended. and other applicable County niles and regulations. All customers connecting to the water distribution and sev, agc collection facilities ,.*,'ill be considered to bc customers of the County. and *,,.'ill be billed bv the County in accordance with the ('outlty's established rates. 2 Page 25 of 26 2 Go Temporao' construction and/or sales trailers may use septic tanks or holding tanks for waste disposal, subject to pcmlitting under Rule 10I)-6 of tile Florida Administrative Code. and may use potable or irrigation wells. Do Tile on-site distribution system se~'ing the project must be connected to the Collier County Water-Sewer District's watcr main available and adjacent to the project boundaries. Said system shall be consistent with the main sizing and any other requirements specified in the project's Utility Master Plan and extended throughout the project. During design of these facilities. dead-end mains shall be minimized by Iooping the internal pipeline network. where feasible. 5.14 This PUI) is subject to the provisions in Section 2.6,30 of the l,and I.)cvclopmcnt Code. I'age 26 of 26 ~5 ro~ ~OE-TY~£ 8 eurcE~ 571,4]' PUO: CARILLON (RESIOENTtAL') CROP L~NNOS / UNOL"V[LOPED PUD ~ ~'~?P£ B BUttER ~ 71000' PuD: CARILLON Pl..AZA .~HOPPINC CENTER EXHIBIT "B" -¸2 NOTES: SEE BANYAN WOOI)S PUI) I)OCUMENT FOIl RESII)ENTIAL DEVELOPMENT STANI)ARI)S. LISTED LANDSCAPE BUFFERS S!!ALL BE ENIIANCEI) AS PI~,OV!I)ED FOR WlTIIIN BANYAN WOOI)S PUD I)OCUMENT. BUILDIN(; IIEIGIITS !,IM1TED TO 2 STORIES AND 35 FEET WITtlIN 150 FEET OF TIMBERWOOD, WORI,I) TENNIS CENTEll AND KENSINGTON PUDS. LAND USE TABLE TRACT I,AN1) USE API'ROXIMATE ACREAGE RI RESII)ENTIAI., 11.0 R2 RESII)ENTIAI, 11.0 [L3 RESIDENTIAl, 6.5 R4 RESII)ENTIAI, 10.0 R5 RESIDENTIAL 9.(I AM ENITY/ENTRY CANAL FEAT U RE ANI) RECREATIONAL 1.37 48.87 Note A. The Maximum Number of Residential Units Wilhin the I'UI): 375 Units, Approximately 7.67 +/- Units Per Acre. ~4otc B. The Number of Units And Intensity of Units per Acre Within Specific Residential Tracts May Be Varied Provided The Number Within The Entire PUI) I)oes Not Exceed 375 Units. Note C. Location, Size and Number of Tracts is Conceptual and May Be Amended with the Preliminary Subdivision Plat (PSP) Application or Site Development Plan (SDP) Application. BANYAN WOODS PUD EXIIIBIT "B" NOTES AND LAND USE TABLE C.R. 88E S-IN41~OKAI ROAD (C.R. 846' LEE CO COLLIER CO '2 o ! o PINE RIDGE ROAD (C.R. PROJECT S~ TE VANDERBILT BEACH ROAD GATE PARKWAY (C.R. 886) NAPLES t2AN YAN WOOD LOCATION MAP RADIO ROAD [C.R. 856' PUD EXHIBIT C 12B 2 September 27, 1999 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition PUD-99-12 Dear Pam: Please advertise the above referenced notice on Sunday, October 10, 1999, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Erin K. LeBorgne puty Clerk Purchase Order No. 916495 ~;OTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, OCTOBER 26, 1999, in the ~Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County -~Ordinance. The meeting will commence at 9:00 A.M. The title of the ~i!~proposed Ordinance is as follows: AN ORDINANCE ~E~;DING ORDINANCE NUMBER 92-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAPS NUMBERED 9513N ~4D 9513S; BY CHA~NGING THE ZONING CLASSIFICATION OF THE }{EREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURE TO "PUD" PLANNED D'NIT DEVELOPMENT KNOWN AS BANYAN WOODS FOR 360 RESIDENTIAL DWELLING UNITS FOR PROPERTY LOCATED ON THE EAST SIDE OF AIRPORT PULLING ROAD (CR-31) lIND APPROXIMATELY ONE HALF MILE SOUTH OF PINE RIDGE ROAD (CR-896) LOCATED IN SECTION 13, TOP, SHIP 49 SOUTH, R~GE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTI~.;G OF 48.87 ACRES; ~D BY PROVIDING AN EFFECTIVE DATE. ~..'~ Petition No. PUD-99-12, Michael R. Fernandez, AICP, of Planning Development, Inc., representing Marian H. Gerace, Trustee, requesting a rezone ~rom "A" Rural Agriculture to "PUD" Planned Unit Development to be known as Banyan Woods for a maximum of 360 residential dwelling units for property located on the east side o~ Airport-Pulling Road approximately one half mile south of Pine Ridge Road in Section 13, Township 49 South, Range 25 East, Collier County, Florida, consisting of 48.87± acres. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are ~invited to attend and be heard. NOTE~ All persons wishing to speak on any agenda item must register the County administrator ~rior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an indi-;idual to speak on behalf of an organization or group is encouraged. I~ recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to :ak on an item. Persons wishing to have written or graphic materials included in 'Board agenda packets must submit said material a minimum o~ 3 weeks )rior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the ~ appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a per,nanent part of the record. 2 Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is ~ed. ~ARD OF COUNTY COMMISSIONERS 'COLLIER COUNTY, FLORIDA PAMELA S. MAC' KIE, CHAIRWOMA/'~ DWIGHT E. BROCK, CLERK By: /s/Erin K, LeBorgne Deputy Clerk 1213-2 Erin K, LeBor ne From: System Adminislralor Ipostmaster@CNDM02.$crippsHoward.com1 Sent: Monday, September 27, 1999 12:01 PM '~' To: Erin.LeBorgne@clerk.collier.fi.us Subject: Delivered: PUD-99-12 Perrell, Pamela Subject: PUD-99-12 Sent: Mon, 27 Sep 1999 11:48:02 -0400 was delivered to the following recipient(s): Pe~'rell, Pamela on Mort, 27 Sep 1999 11:47:46 -0400 MSEXCH:MSExchangeMTA:NDDM02:NDNT01 12B 2 Sent: Wednesday, September 29, 1999 4:01 PM To: johnson_c Cc: nino_r; dvorak_m; madin_c Subject: Continue Item PUD-99.12 MEMORANDUM TO: FROM: DATE: RE: Connie Johnson, Administrative Assistant Ray Bellows, Principal Planner September 29, 1999 PUD-99-12, Banyan Woods PUD Please be advised that the applicant for PUD-99-12 has requested that this petition be continued from the October 7, 1999 CCPC meeting to the October 21'~ meeting. As a result, the October 26~ BCC meeting date will also be continued to the November 9~h BCC meeting. Thank you for your assistance in this matter. Please let me know if you have any questions. MEMO/RVBIrb Ron Nino Marie Dvorak Cecilia Martin Community Development & Environmental Services Division Maureen K. Kenyon From: martin.. c [CeciliaMartin~,~collier(jov,net] Sent: Thursday. September 30, 1999 9:05 AM To: Maureen K. Kenyon Cc: pedone_b; johnson_c Subject:FW: Continue Item PUD-99~12 IFrom: Sent: To: sC,C,:bio,:t ~ DATE: RE: bellows r W(:dnesd;ly, September 29. 1!390 4:01 PM johnson c rllrlO..r; dvorak. m; Ill~rtln c Continue Item PUD.99-12 M.~MOP, ANI')UM Connie J~}hnson, Administrative Assistant Ray Bellows, Principal Planner September 29, 1999 PUD-99-12, Banyan Woods PUD Please be adwsed that the applicant for PUD-99-12 has requested that this petition be continued from the October 7, 1999 CCPC meeting to the October 21s~ meeting. As a result, the October 26::' BCC meetin9 (late will also be continued to the November 9'h BCC meetmcj. Thank you for your assistance in this matter. Please let me km)w if you have any questions. MEMO/RVB/rb cc: Ron Niflo Marie Dvorak Cecilia Martin Community Development & Environmental Services Division Planning Serwcos 12B-2 ' From: Sent: To: Subject: martin_c Thursday, September 30, '~999 9:30 AM Maureen K, Kenyon pealone_b; johnson_c; dvorak_m; nino_r; bellows_r PUD-99o'12 Banyon Woods This petition was originally sent up for the October 26~ BCC meeting. However, due to the petitioner requesting a continuance from the October 7u~ Planning Commission meeting to October 21'~ the petition will be heard on November 9"', Please kill the ad sent to the paper for the October 26"' BCC meeting and advertise for November 9~ BCC. Thanks. Maureen K, Kenyon From: martin_c [CeciliaMartin@colliergov.netl Sent: Thursday, September 30, 1999 9:30 AM To: Maureen K. Kenyon Cc: pedone_b; johnson_c; dvorak_m; nino_r; bellows_r Subject:PUD-99-12 Banyon Woods This petition was originally sent up for the October 26~h BCC meetin9. However, due to the petitioner requesting a continuance from the October 7~ Plannin9 Commission roecling to October 21't the petition will be heard on November 9try, P[ease kill the ad sent to the paper for the October 26I~' BCC meeting and adverlise fo~ November 9~r' BCC, Thanks. 2 12B 2 NAPLES DALLY NEWS ELLIE HOFFF~ ~/~./?? //.'/://./~/. September 30, 1999 12B-2 ' Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearin9 to Consider Petition PUD-99-12 Dear Pam: Please advertise the above referenced notice on Sunday, October 24, 1999, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. sincerely, Ellie Hoffman, Deputy Clerk Purchase Order No. 916495 Notice is hereby given that on TUESDAY, NOVEMBER 9, 1999, in the iBoardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County The meeting will commence at 9:00 A.M. The title of the ilproposed Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER CO~4TY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE ~;INCORPOP~TED AREA OF COLLIER CO~TY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAPS NUMBERED 9513N ~D 9513S; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RUP~L AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS B~IYAN WOODS FOR 360 RESIDENTIAL DWELLING U~ITS FOR PROPERTY LOCATED ON THE EAST SIDE OF AIRPORT PULLING ROAD (CR-31) AND APPROXIMATELY ONE HALF MILE SOUTH OF PINE RIDGE ROAD (CR-896} LOCATED IN SECTIO~J 13, TO~;SHIP 49 SOUTH, R/~GE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 48.87 ACRES; ~D BY PROVIDING AN EFFECTIVE DATE. Petition No. PUD-99-12, Michael R. Fernandez, AICP, of Planning Development, Inc., representing Marian H. Gerace, Trustee, requesting a rezone from "A" Rural Agriculture to "PUD" Planned Unit Development to ibe known as Banyan Woods for a maximum of 360 residential dwelling for property located on the east side of Airport-Pulling Road ~approximately one hal~ mile south of Pine Ridge Road in Section 13, !Township 49 South, Range 25 East, Collier County, Florida, consisting of 48.87± acres. Board and are available for inspection. ~.iii~ invited to attend and be heard. Copies of the proposed Ordinance are on file with the Clerk to the All interested parties are !~ NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on ~any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks .prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted tc the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. 2 12B 2 Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA · PAMELA S o MAC'KIE, CHAIRWOMAN ? DWIGHT E. BROCK, CLERK ~ By: /s/Ellie Ho££man, Deputy Clerk (SEAL) September 30, 1999 Michael R. Fernandez, AICP Planning Development, Inc. 5133 Castello Drive, Suite 2 Naples, FL 34103 Re: Notice of Public Hearing to Consider Petition PUD-99-12 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 9, 1999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October, 24, 1999. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ellie Hoffman, Deputy Clerk Enclosure 12B-2 September 30, 1999 Marian H. Gerace, Trustee c/o Steven A. Landy, Esq. Greenburg Traurig Attorneys at Law 1221 Brickell Avenue Miami, FL 33131 Re: Notice of Public Hearing to Consider Petition PUD-99-12 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, Noveraber 9, 1999, as indicated on the enclosed notice. The legal notice pertaining to this peri[ion will be published in the Naples Daily News on Sunday, October, 24, 1999. You are invited to attend this public hearin9. Sincerely, DWIGHT E. BROCK, CLERK Ellie Hoffman, Deputy Clerk Enclosure NAPLES DAILY NEWS Published Daily Naples, FL 33940 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared _BA~__.O_I~, who on oath ~ays that they serve,as the Assi~ant Secretary of the Naples Daily, a daily newspaper published at Naples. in Collier County, Florida; ~at the allached copy of the adve~sing. b¢inga m the rn~ner of PUBI,IC HEARING w~ published in mid newspaper 1 time in the issue on Oct. 24, 1999 .Affiant furIbis says that the .aid Naples Daily News is e r~wspaper punished at Naples. in said Colli~ C~nty, FI~i~ md l~t ~c ~aid nc~*spa~r ~s hc~clof~e boca co~nu~sly ~blishcd in ~d Colli~ C~my, ~ cach flay and ~ been ~l~d u tcc~d clus mail )~ m ~rlod of 1 y~ n~ prto~din~ th~ F~ ~bli~on ~tt~cl~d copy of advcni~cn:~l; ~nd ~t ~.l~r ~ys ~4 ~ ~s ~it~r paid n~ promised ~y ~, finn ~ ~ti~ ~ny disc~ t~b~c, com~ss~ ~ r~fu~ f~ ~ ~c of ~dng lifts Sworn to and subscribed before me this 5th day of November. 1999 (Signabra: o£ notary public.) PUO.99-12 'NOTICE OF INTENT TO CONSIDER ORDINANCE HotiCe IS hereby given thor on TUESDAY,. NOVEN~- BER 9, ~999, I~ t~e ~rdroom, ~rd FI~, non Bultdl~, Collier C~ Governme~ Ce~er, Eotf Totaloral Trail N~les Flocl~, the ~d of Cou~v Commlssl~ets ~) cons der ~e e~me~ of o Cou~ Oral~e. The roeerin9 wlU comme~ce 9;~ A.~. The ~e ~ ~e ~sedOrdlno~e I~ ~ fob AN O~01NANCE A~ENDING ORDINANCE NU~- 8ER 91-102 THE COLLIER COUNTY LAND VELOP~ENT CODE WHICH ~NCLUDES THE COMPREHENSNE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY. FLORIDA BY A~ENOING THE OFFI. OAL ZONING ATLAS ~AP$ NUrSERED AND 9~13S' BY CHANGING THE ZONING FIXATION 'OF THE HEREIN OE~RIBEO REAL PROPERTY FRO~ "A" RURAL AGRICULTURE TO '~UD" PLANNED UNIT DEVELOPMENT KNOWN AS BANYAN WOODS F~ ~ TIAL DWELLING UNIT5 FOR PROPERTY LO- CATED ON THE EAST 51~ OF AIRPORT PULLING ROAD (CR-33) AND APPROXIMATELY ONE HALF ~ILE SOUTH OF PINE RIDGE ROAD R-19}L~ATEO IN ~ECTION ~3 TOWNSHIP 49 UTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 4~.S7 ACRES; AND BY PeIIII~ No. PUO,~-~2, ~lchoel R, AICP, of P~nni~ Oevel~me~, I~., Marian H. GeFOce Trustee r~stl~a from "A ' R~al A~lcu~re {0 "PUG' P~n~d Un~ Devel~me~ to be known os Bonyon W~ i~ a ~xtmum ~ 360 reslde~1ol ~elll~ un~ ~e~ I~ed on the eost tl~ of AIt~*PuUI~ R~ o~roxfm~eN one ha~ mile ~ of RI~e R~ In Se~on 13, Township 49 ~, Po~ 25 E~t, Collier' Coup, FI~I~, consisting of 4~7+/. octes. ~les of ~e ~ Ordl~e ~e on file ~ Cle~ to ~ ~d o~ are ~all~le ~ Ins~on, NOTE: All per,nS wishing to ~ O~ ony ~ ~em must register wl~ ~e ~u~ ~mlnls~ 'pr~ ~ ~e~e~on ~ the ~ Ite~ ~ be ~esse~ I~lvl~l $p~k~s will ~ liraHod ~ S ml~' ~ on any ~em. ~e ~te~on ~ on I~lvl~l o~ ~ recknixed by ~e C~lrmon, a ' for a ~o~ ~ or~lz~on may ~ all~ I0 ', ~ls I~l~d In ~ ~ ~ ~k~ must t ~ld ~er~ o ~nlmum Of 3 weeks ~l~ ~ ~e re- F miff~ ~ ~e ~1~ cou~ st~ a miramum seven ~s ~ ~ ~e p~lJ¢ he~l~ All ~erlol used In ~e~e~o~ bef~. ~ ~d ~11 ~¢ome a per,none ~ ef ~e rec~ · Any ~mon ~ ~1~ ~ ~al a ~¢lsl~ ~e ~d ~tl ~d o rec.d ~ ~e ~eedt~s ~BO~OOFCOUNTYCO~IS~IONER} ~ . ~ ' ~COLLIER COUN~LORIDA ~ '~, To: XXX Normal legal Advertisement (Display Adv.. location. c[c ) COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC tlEARINGS Clerk to the Board: Plea~ place the following as a: [] Other: Originating Dcpt/Div: Corem Dcw. Scrv./Planning Person. Date' Petition No. (If none, give brief de ~sc,4ptmn ' C~8_...~./) Petitioner: ('Name &Addrcss '.~Jass7 Real Estate Investments, Inc., 895 ~Turtlc Court. Naples. Flortda 34108 Name & Address of any person(s) to begottried bv Clerk's Off'tee: Mr. Emilio J. Robau. P.E., RWA. Inc. 3050 North Horseshoe Drive. Suitc 270, Naples. Florida 34104¥Richard I~. Yo'vanovich. Northern This! Bank Building, 4(X)I Tamtaint Trail N, Suite 300 Naples. Florida 3.1103 Based on advertisement appearing 15 days bcf0rc hearing. XXX Naplcs Daily News Olhcr [] Leg;fily Required Proposed Text: CU-99-08. Emilio J. Robau. P.E.. of RWA Inc. rcprcscnting Jassy Real Estate Investments, Inc.. requesting Conditional Use ~17" of the "A" zoning district for a golf course per Section 2 2 2 3 ['or propert.,, located tv, o miles east of the inlcrsection of Sabal ?aim Road and C.R 951. in SeeIron 2-L Tox~nship 50 South. Range 26 East. and Section 19. Township 50 South. Range 27 East. Collier County. Florida. consisting of 313 56± acres. Companion petilion(s). ~f:m) & proposed h~d;llC: ,Does-Petition Fec,~ncludc advertising cost? ~[zr Yes [] No If Yes. ~hat accounl should bc charged for advertising costs. Approved by: · Division He,3d , Date List Attachments: County Manager Date DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division 1Iead approval before ~ubmitting to County blanagcr. Note: If legal document is involved, be ~ure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copie.1: [] County Manager agenda file: to Clerk's Office [] Requesting Dh'iaion [] O ri~inal B. Other hearings: Initiating Division head to approve and submit original to Clerk's OtT~cc, retaining a copy for f'fie. FOR ~KK'S OFFICE USE ONLY: ~ '. i "Dal~ Received: Date of Public healing: Date Advertised: RESOLUTION 99-__ A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A GOLF COURSE CONDITIONAL USE "17" 1N THE "A" RURAL AGRICULTURE ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3. OF THE COLLIER COUNTY LAND DEVELOPMEN*I' CODE FOR PROPERTY LOCATED IN SECTION 24, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND IN SECTION 19, TOWNSHIP 50 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-I246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use "17" of Section 2.2.2.3. in an "A" Rural Agricultural Zone for a golf course on the property hereinafter described, and has found as a matter of fact {Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested panics have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: The petition filed by Emilio J. Robau, P.E. of RWA, Inc. representing Jassy Real Estate Investments, Inc., with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Use "IT' of Section 2.2.2.3. of the "A" Rural Agricultural Zoning District for a golf course in accordance with the Conceptual Master Plan (Exhibit "C') and subject to the following conditions: 1. Pursuant to Section 2.2.25.8.1 of the [,and Development Code. if. during the course of site clearing, excavation or other construction activity, an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department shall be contacted. 2. An appropriate portion of native vegetation shall be retained on site as required by Section 3.9.5.5.4 of the Collier County Land Development Code. 1 BE IT FURT! IF.R RESOLVEI) that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ,1999, BOARD OF ZONING APPF,'\I,S COI,I,IER COUNTY. FI.ORI DA BY: PAMELA S. MAC'KIE, Chairwoman ATI'EST: DWIGtIT E. BROCK. Clerk Approved as to Form and Legal Sufficiency: Mami ~-Scudcri Assistant County Attorney g/adrninlsu¢/CU.99.0gl RESOI.U*rlON FINDING OF FACT BY COLLIER COUNTY PIJkNNING COMMISSION FOR A CONDITIONAL USE PETITION FOR cu- 9-08 The following facts are found: Section 2.2.2.3.17 of the Land Development Code authorized the conditional use. Granting ~he conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Consistency with the Land Development Code and Growth Management Plan: Yes No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: CHAIRMAN: ~/FINDING OF FACT CKAIRMAR/CT3-99-08 Exhibit "A" LEGAL DESCRIPTION CU-99-08 DESCRIPTION: (AS SUPPLIF..O BY CLIF..NI) SW I/~. OF SECIIO~I i9. TOW~JSHIP 50 SOUIH. ~A~IC~. 27 ~ASI. COLUER COUH[Y. FLOP~DA ANO ALSO; ~[ 1/4 OF 5EC~IOH 24. TOw~SHIP 50 SOUIH, PAHGE 25 ~St. COLLI[R COUH~. FLCRt~ LESS: ~ 1/4 OF TH[S[ I/4 OF SECT~O~ ~4. 10~NSNID 50 SOUIN. RANGE 26 ~ST. CCLL:E~ CCUN~, FLORI~ EXHIBIT 13A 1 IArlene J. Baker To: paperrell@naplesnews,com Subject: Petition CU-99-08 Please find attached letter to Pam Pertell & notice re: Petition #CU-99-08 NDN I~U.~.0~.d~ NOTIC[ CU-99.08.d~ I October 1, 1999 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: Notice of Public Hearing to Consider Petition CU-99~08 Dear Pam: Please advertise the above on Sunday, October 24, 1999 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Arlene J. Baker Deputy Clerk Enclosure Please charge acct. ~113-138312-649110 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, November 9,1999, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, ~301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. Board will consider Petition CU-99-08, Emilio J. Robau, P.E., of RWA, Inc., representing Jassy Real Estate Investments, Inc., requesting Conditional Use "17" of the "A" Zoning District for a golf course per Section 2.2.2.3 for property located two miles east of the intersection of Sabal Palm Road and C.R. 951, in Section 24, Township 50 South, Range 26 East, and in Section 19, Township 50 South, Range 27 East, Collier County, Florida, consisting of 313.56 +/- acres. NOTE~ All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be ~ressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a ~ ' group or organization may be allotted 10 minutes to speak on an item · Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of ~ weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff ,ii a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record, Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record cf the proceedings is made, which record includes the testimon'? and evidence upon which the appeal is based. i~i~ ..BOARD OF COUNTY COMMISISONERS COLLIER COUNTY, FLORIDA iPAMELA S. MAC'KIE, CHAIRWOMAN DWIGHT E. BROCK, CLERK By: /s/Arlene J. Baker Deputy Clerk (SEAL) From: Sent: J. Baker .3A System Administrator [postmasler@CNDM02.ScrippsHoward.com] Monday, October 04, 1999 12:25 PM Arlene,Bakor(~clerk.collior.fl.us Delivered: Petition CU-99-08 <<Petition CU-99-08>> Your message Perrell, Pamela Subject: Petition CU-99-08 Sent: Mon, 4 Oct 1999 12:13:04-0400 was delivered to the following reopienl(s): Pertell, Pamela on Men, 4 Oct 1999 12:12:17 -0400 MSEXCH:MSExchangeMTA:NDDM02:NDNT01 October 1, 1999 Jassy Real Estate Investments, 895 Turtle Court Naples, FL 34108 Tllc . Re: Notice of Public Hearing to consider Petition CU-99-08 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 9, 1999 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 24, 1999. You are invited to attend this public hearing. Sincerely, Arlene J. Baker Deputy Clerk Enclosure 1 1 October 1, 1999 Mr. Emilio J. Robau, RWA, Inc. 3050 North Horseshoe Drive, Suite 270 Naples, FL 34104 Re: Notice of Public Hearing to consider Petition CU-99-05 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 9, 1999 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 24, 1999. You are invited to attend this public hearing. Sincerely, Arlene Jo Baker Deputy Clerk Enclosure 1 October 1, 1999 Richard D. Yovanovich Northern Trust Bank Building 4001 Tamiami Trai N., Suite 300 Naples, FL 34103 Re: Notice of Public Hearing to consider Petition CU-99-08 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 9, 1999 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 24, 1999. You are invited to attend this public hearing. Sincerely, Arlene J. Baker Deputy Clerk Enclosure Naples, FL 34102 Affidavit of Publication Naples Daily Nevs BOAR0 OF COUNTY COMHISSIONERS ATTN: TONYA PHILLIPS PO BOX 41~0q6 NAPLES FL 34101-~Oi6 REFEREtICE: 001230 1131383126491 57952078 CU-99-C)8 tlOTICE OF P State of FLorida County of Collier Before the undersigned authority, per~(3natLy appeared B. Lamb, who on oath says that she serves as the AsstitanS Corporate $ecertary of the Naples Daily Ne~s, a daily nevspapar published at Naples, in Collier County, FLorida: that the attached copy of advertising vas published in said nellpaper o~ dates Listed. Affiant further lays that the said Naples 0oily Ne~l tl a nevspaper pub[ilhed at Naples/ in laid Collier County/ FLorida/ and that the said ne~apapar has heretof(3re been co~ttnuoul[y published in said Collier County, F[ortda, each day and hat been entered as second class amtL ·etter at the poll office in Naples, in said Collier County/ FLorida/ for a period of 1 year next preceding the first publication of the attached copy of advertisecent; and affiant further lays that she has neither paid nor Droatsed any parian, fire or coporation any discount, rebate, coastssion or refund for the purpose of lecurtng tht~ advertisement for to~ in the laid newspaper. PUBLISHE0 0H: qO/24 AD SPACE: 102.000 INCH F~LED C~I: 10/25/99 $vorn to and Subscribed before ee thtsr'~_~ .~_~.'~ day of ,. CU-99.08 NOTICE OF PUBLIC HEARING LIDrice Is hereby given that the Board at Count'/Cam. ml$$lo~er$ of Collier County will hold o public hearing On Tuesday, November 9,19~9, in the I~oor'c~roor~, 3rd Floor, Admlnl$1rofion Building, Collier County Govern- ment Center, 3301 East Tom(oral Trail, Naples, Fiat(- do The meeting will begin (~t 9;0~ A.AA, The Bo~rd will consider Petition CU-99-08, Emilio J. Ro~ou, POE., of RWA, Inc., representing Jo$sy Real Estate Irrvestment$, Inc., requesting Condi- tional Use "17" of the "A" Zoning Dl$fi'lct foe' o course ~ Section 2.2.2.3 to~ prooer~y' located two miles east af the Intersection of Sobol Palm Rood and C.R. 9~1, In Section 2a, Towr~hlp 50 South, Range 26 East, and In Section 19, Townshi(3 50 South, Range 27 East, Collier County, FIoflOo, con. Sitting of 313.56 +/. ocres. NOTE: All Persons wishing to speak on any Item must real,tar wffh the County Admlnlsh'ofor prior to presentor(on of the agenolo Item to be addressed. dlvl(~Jol 14)eoker$ will be limited to S minutes on Item. The selection of (3n Ir~dlvldunf to spec~ on bahoff of on organization Or grouP I$ encour(:H;~d. ff recog- nlzed by ~e Choh'~ o t4>okesperson foe' o grouP Or nlzatlon may be aliafled IO minutes to Ioeak on on Item. Pro-sons wishing to have w~ltten or grophlc ma~er. lots Included In the Board agenda Pockets must sut)mlt t4]ld m(~orlot o minimum of $ weeks prk)~ to the re. soectlve public hearing. In any case, wrttten materials Inte'r~ed to De considered by the ikx~d I~toll be mlttecl to the ol:~)ror)rlate County staff (3 minimum of seven clays prior t(3 the public heal-lng. All material used In presenh:rltons befOre the Booed will become permoMnf ~ Of the record. · ~ ~ - A~y pe~ w~o decides to oo~eol O decision of ff~ Boord will need (3 record of Yne proceedings I~er- tolnlr~ .l~.~'l, fo ond Iherefore, moy n~ed to ensure o verbum record of fhe pro~eedln~ Is n~de, w~lch record Inch~es the testimony and evidence u~on w~lch the olDpeal Is hosed. BOARD OF COUNTY COAAN~ISISONERS COLLIER COUNTY, FLORIDA PAAAEL.A .f~ MAC'KIE, CHAIRWOJgLAN DWIGHT E. BROCK, CLERK BY:./s/Arlene J. Baker, Deputy Clerk (SEAL) October 24 No. 1487907 RF. SOLUTION 99- 419 A RF. SOLUTION PROVIDING [:OR TIlE ESTABI.ISItMF~NI' OF A GOLF' COURSE CONDITIONAL USE "17" IN TIlE RURAL AGRICULTURE ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3. OF 'FILE COLLIER COUNTY LAND D[:..VELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 24, TOWNSHIP 50 SOUTIt, RANGE 26 EAST, AND IN SECTION 19, TOWNSflIP 50 SOUTll. RANG[:. 27 F. AST. COI.LIER COUNTY, FLORIDA. WI IEREAS. the l.cgislaturc of the Siatc of Florida in Ch:~plcr 67-1246, l.:,ws o F Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power Io establish. coordinate and enforce zoning and such business regulations as are neeessaD' For the protection of the public; and WllEREAS. the Counly pursuant thereto has adoplcd a Land Dcvclopmcnl Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations tbr the zoning of particular geographic dMsions of the County, among which is the granting of Conditional Uses; and WI tEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby aflkctcd, has held a public hearing aficr notice as in said regulations made and provided, and has considered Ihc advisability or Conditional Use "I 7" of Section 2.2.2.3. in an "A" Rural Agricultural Zone for a gol~course on the propc~y hereinafter dcscribcd, and has found as a matter of filet (Exhibit "A") that satisfi~cto~ provision and a~angcment have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2,7.4.4 of the Land Dcvclopment Code for the ('oilier Cottory Planning ('oremission; and WI tEREAS, ~11 interested parties have bccn given oppo~unity la be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, TIIIH{IH:ORE BE I'F RESOLVED, BY TIlE BOARD OF ZONING APPEALS of Collier County. Florida Ihat: The petition filed by Emilio J. Robau, P.E. of RWA, Inc. representing Jassy Real Eslatc Investments, Inc., with respect to the propc~y hereinafter described as: Exhibit "B" which is attached hereto and inco~oratcd by reference herein be and the same is hereby approved for Conditional Use "17" of Section 2.2.2.3. of the "A" Rural Agricultural Zoning District for a golf course in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the tifflowing conditions: I. Pursuant to Section 2,2.25.8. I of tim l.and Development Code. if, duri,g tim course of site clearing, excavation or other construction activity, an historic or archaeological artifact is found, all development within the minimum arcs necessary to protect the discovery shall be immediately slopped and the (..;oilier County Code Enforcement Department shall be contacted. 2. An appropriate portion of native vegetation shall bc retained on site as required by .Section 3,9..5.5.4 of the Collier County l.and Development Code. 3. Prior to the issuance of a Certificate c,f Occupancy, the portion of Sabal Palm Road from the end ~}f the County right-of-v, ay to the entrance to the sub. jecl sire shall be coastreeled Io meet County standards. 4, Prior lo approv:ll, Ihe Sile Development Plan or construction phms for the golf course shall indicate culverts and spreader swales to restore prc-devdoprnent sheet flow to the greatest extent possible. BE IT FURTI IER RESOLVED tltat this Resoh,ion be recorded in the minutes of this Board. TMs Resolution adopted after motion, sccoml am.l majority vote. Done this BOARD OF ZONING APPEALS COLLIER COUNTY, F[.OP, IDA Attest. as to CMlr~an's signature onl$. "'";;/ '.DWIGIiTi~.. BROCK. Ctcrk t'.-.'.: ~, ',7.']:" Approved as Io Form Legal Sufficiency: Mam~ Scudeft Assistant ColInly Allomcv FINDING OF FACT BY COLLIER COU?4TY PLANNING COMMISSION FOR A CONDITIONAL USE ?ETITiON FOR CU-99-08 The following facts are found: Section 2.2.2.3.17 of the Land Development Code authorized the conditional use. o Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Bo C o Consistency with the Land Development Code and Growth Management Plan:"" Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress ~Yes __- No Affects neighboring properties in relation to noise, glar~,-~cohomic or odor effects: { ' No affect or Affect mitigated by ............. Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use'-'~ithin district {Yes No Based on the above findings, this conditional use should, with stipulations, (copy. attached) (should not) be recommended for approval . ' , /~, ' ~ / ' /'/ DATE: ~ CHAIRMAN: ... ,, ~ f/FINDI:;G OF FACT CHAIPMAN/CU-99-08 EXHIBIT "A" LEGAL DESCRIPTION CU-99-08 13AI DESCRIPTION: (AS SUPPLIED BY 1/4 OF SEC~lO~J 19. TOW~JSHIP 50 SOU[H. ;~A,~JC~E 27 EAST. COLLIER COUHrY. FLORIDA ANO ALSO: S[ 1/4 OF SECTION 24. TOW~JSHIP 50 SOUIH, PAHG[ 25 ~S~. COLLIER COUH~. FLGRi~ LESS: ~W I/4 OF TH[ S[ I/4 OF S[CT~ON 24. TOWNSHIP ~0 50U~H, RANGE 2G [~5T. CCLL~[~ COUNt. FLOriDA EXHIBIT "B" 13A Exhibit "C" ~.5~9 iO:24r-*M n2 t"1orida Department of Agriculturc, 8, Consumer BOB CRAWFORD. Commissio.er Thc Capitol ,, Tallahassee, FL 32399-0800 Picayune Str-~d Sta~ For¢~ Fl. Division of For~-try 710 Randall Blvd. Naples. FL 34120 Navetabor 9, 1999 Mr. Fred Rei~chl Senior Planner 2800 Nor'& Hor';eahoe Dr/re Naples, FL 3ai04 Re. Sabal Palm Golf C,~u=c Dear Fred: I ba,,~ several concerns re~rding riffs proposed golf course. The Division of Fore;wy manages the lands to the nor,.h and enst of this proje~ as part of the Belle Meade Traa of P~cayune Strand State Forest. This area pr,:~ewdy is ~_.g~o~d_hyfi. r~Jo~_cql.~.n~fq!.%~ with the except/on of Sabal Palm Road, ~ahich I have haan told ha.; been filled and widened in ~'I~ part without perrins. Tho 25 foot harm around the perimeter would dbmpt~the sheetflow to the ;urmundmg areas, and may divert exc*.ss w~er to nearby Rext Cockaded Woodpecker co~oni~. 'D~e-~h~birclt, a-'g~fedor~llfTr/~ger~d, and excavat~ cavities in llve pine treex Theee pines cannot tolerate high wnmr levels for an exxended period, and th~; could recult in killing the catqt'.,' tr .eel_ IfShis haFPens, tho wocMpockers will probably perksh. Other listed species flint have not been adrke;~ed are the_FI._ofL.~_~ ?_._mj[_h_ er_a~d the Norida Black Bear. A on0 w~k gutroy i-. insufficient to detemfine use by these wide ranging species, and ',.h~ I~ fe'7is~bb-6'5 to be ~hot was killed ju~ acros~ the road. The pa,:ture parlion ortho silo provides lorngrog for nmaay species wading bir~ tkroughout much offi~o year. I have also seen a bald eagle using the area on ~everal We are extemely concerned about thi~ project and would like to b0 kept mf~rmed about this project as it progreszes throush the permitting procezz. Sincerely, BOB CRAWFORD, COMMISSIONER Sonja Durrwachter S~nior Forester Florida Agriculture: ~a A $6 Billion lad . s try SABAL PALM GOLF COURSE Agenda Item No. 13(A)I November 9, 1999 Florida Wildlife Federation Comments: Sabal Palm Goll'Course is within tile Belle Meade CARL boundary. Belle Meade is being purchased for its hydrological values, to protect populations of rare animals, and to protect tile quality of the subtropical estuary of Rookery Bay National Estuarine Research R. eserve. (submit description and map from 1999 CA RL book fi~r record) It is to be surrounded by a berm. It abuts to the north, tile east and the south, Belle Meade lands owned by tile State of Florida. It is comprised ot'78% South Florida Water Management District jurisdictional wetlands. A portion oFthis site was illegally cleared in 1992. The Environmental Protection Agency entbrcement file number is 199230828. It is located on Priority I i'mnthcr habitat as designated in the }:lotida l'anther Habitat Preservation Plan. (submit mttpJ~r record) It is located on Florida Panther Strategic I labitat as designated in Closing the Gaps in Florida's Wildlift2 Habitat Conservation System published by the Florida Fish and Wildlife Conservation Commission. (submit nutpJ~r record) It is accessed via an illegally tilled and maintained road. There are no state or federal perinits lbr Sabal Palm Road beyond the paved portion. To quote South Florida Water Management District representative Karen Johnson's testimony at the October 13, 1999, EAC meeting: "Miss Payton is absolutely right, there are no permits tBr Saba[ Palm Road." (sttbmit testimony for record) This proposed golf course violates Collier Cotmty's Growth Management Plan. It violates Future Land Use Element Policy 5.4 that states that "New developments shall be compatible with and complimentary to the surrounding land uses.'" A bermed-golfcourse abutting public lands is not compatible. There are issues of increased vehicular traffic, habitat ticgradation, lighting, herbicides, pesticides, and mosquito spraying, conflicts with prescribed burning on public lands. and hydrological restoration. It violates Conservation and Coastal Managemerit F. lement (CCMF~) Objective 2.2, Objective 2.3 and Policies 2.3.6 and 2.5. I that ensure water quality and protect coastal water resources. It violates CCME Objective 6.1 and Policies 6.1.5 and 6.1.7 because it authorizes development and land uses that will adversely impact the use of the affected area lbr wildlife species in the absence of specific development standards and criteria for important native county habitats, which have yet to be adopted despite the August 1, 1992 deadline established in the Groxvth Management Plan. It violates CCME Objective 6.7. This objective pledges that Collier County will "protect ecological communities share xvith or tangential to state...lands." It violates CCME Objective 6.8. This objective states "Collier County shall protect natural reservations from the impact of surrounding development." It violates CCME Objective 7.3 and Policy 7.3.3 because it authorizes development and land uses that xvi [I adversely affect the Florida panther, red-cockaded woodpecker, black bear, and various wading birds, but without having adopted or applied management guidelines tBr these species. It violates CCME Policy 7.3.9 because it allows development and land use in an area and in a manner that will Fail to support the efforts of the US Fish and Wildlife Services' Florida I'anther Habitat Preservation Plan. It will preclude the use of the affected area by the Florida panther. It will fragment, degrade, and destroy native habitat and agricultural cover types. Conservation and Recreation (CARL) · A;X'NUAL REPORT · · 1999 Lands PRkPARI!D [:OR Board of Trustees of the Internal Improvement Trust Fund Governor Job Bush Sccrcta~ of State Katherine I lapis Attorney General Bob Buttc~'orth Comptroller Bob Milligan Treasurer Bill Nelson Commissioner Bob CrawtSrd Commissioner Tom Gal fagher Prcpared By OfFme of Environmental Scp,'iccs Division of State Lands I)cpanmcnt of Environmental Protection Percy W. Mallison, Director, Division of State I.an4s Dr. O. Grog Brock, Chief, OFfice of Environmental £ervices · Office ofF. nvironmcntal Services Stair Donna P, uffncr. OMC M,'magcr Ruark Cleary, Environmental Specialist C;,11ic l)et l;wen, OMC Penny Rolleston. Planner In Cooperation With 1998 I,and Acquisition and 3Ianagemenl Advisory Council Chairperson: Kirby 1{. (;rccn, Ill. Deputy .qccrct:u3,, [)cpartmcnt of linvlronmcntal l'rotection Members: '['crrv l.. Rhode'x. l)cputy (_'~)mmtssltmcr, l)¢pt. Agr~t:ulture ,~: (Tonsumer Services ( Jc{~rgc l'crcy. 1 )trcclt~r. I )~x'i~mn of I {ismr~cal Resources. I )Cp;IHIllClll Of fit:itc J:lltlCs 1". ~lu~lcy. NccrcIar','. l)cparlmcr~t of('~mm~un~lv 'Xll~iil's ~0 1o Ot Rookery B~y Elamfine Reseercl~ Reserve B__elle Meade COLLIER COUNTY 77 Bello Meade - Priority 2~ ~ Save Out Everglades CARL [orl.da~ ':i~ Priority 1&2 Habitat Conse ~at~on Areas for the Florida Panther in South . "-" Public lands.shp PRIOR 1 PRIO~ 2 PdodW 1 areas are the focus of lan~ aquisition eftotis as well as the development of consedation and easements. Pdod~ 2 areas are a f~us ~or mechanisms that maintain comparable land uses. Pdority 1 &2 data generated by: ~lden and Maehr, Florida Fish and Wildlife Consedation Commission O~ of Environmental Se~ices. ~'Bass and Janson, National Park Se~ Map prepared by: Brad Nunley, NWF 11/1999 Stragetic Habitat Conservation Areas Collier County Legend SHCA's Public Lands Major Roads E October 1,1999 October 13, Sabal Palm Road? ~MS. JOHNSON: Karen Johnson, for the record again. Sabal Palm Road and -- I'm beginning to think I may be the only one that's been around long enough to know the history of Sabal Palm Road. I started in the district in 1988. I have some of the earliest pictures of what Sabal Palm Road looked like. Ms. Payton is absolutely right, there are no permits for Sabal Palm Road. There are actually notices of violation in the district files. You all are welcome to come up and look at them. Where you had the original first paved portion of the road as it exists today, the road was then extended to approximately the entrance of the Saunders pit, which is Just past the orange grove. Violation notices were done on that. There were some consent orders agreed on, and I don't remember the final outcome, but they were allowed to keep that portion of the road. Many years after that, probably around '89, '90, when the county was determining whether or not to allow the residents to get together and pave the road and improve it all the way to Miller Boulevard, the road was again extended and improved from the Saunders entrance, actually all the way through to Miller Boulevard. I personally drove that portion of the road,' saw the improvements. The Water Management District, because of fill through significant wetlands areas -- we're talking maybe 10-foot high of fill through the middle of cypress domes -- the director of the Big Cypress Basin at the time, Mike Slaten, personally got permits from DEP to remove the fill and to restore the hydrologic flows through ·there. The portion of the road from Saunders pit up to the wetland area still remains, but it was reconfigured a little to have minimal impacts. That was another violation. It went to a public jury trial, and unfortunately the Jury ruled more with residences, so nothing more was pur~ued. Also, the single-family residences, which are out -- I can't really tell if they're on this piece or immediately adjacent to it. When I ~]irst started with the Water Management District 11, almost 12 years ago, there were at least three wetlands violations out there from people going in and putting in single-family residences without permits. The District and the Corp of Engineers worked with those people to allow them the use of their property for the house, driveway, septic system, which are a[t in wetlands, because everything pretty much out here is designated wetlands. The pasture areas that we've been referring to were originally entirely wetlands. They were cleared without a permit. There is a file in tke district files where notice of violation was issued in the name of the Craft Citrus Grove. There were certain requirements in the consent order. I don't remember if there were actually fines assessed in that case. But that attributes to the disturbance of those wetlands which have slowly been coming back, but they were originally forested wetlands. So through this whole process, we've been approached, I would say, two or three ~imes to actually permit Sabal Palm Road in Page 48 October 13, 1999 di[ferent phases. First, all the way to Miller Boulevard. Another one was just a piece of the road. The original time the county actually applied for permits, we held a public hearing down here at the county where we noticed a number of adjacent property owners, as well as environmental groups. We had at least, I would say, 25 objectors at that meeting. As a consequence of all the issues that were raised by everybody at the meeting, the application was withdrawn. It was never pursued. We've had other pre-application meetings with the county and actually with homeowners out there, and because of all the issues, such as the hydrologic regime o[ the area, we haven't even managed to agree on a wet season water table because there's contradictions of information. In order to approve the road, they would have to provide water quality treatment for the water coming off the road. If these applicants proposed to pave a portion of that road, they would have to get a permit for that as part of their development permit; they would have to provide water quality for the road, which means substantial changes to the road; and all of the original designs we've seen were to treat it in the roadside swales. It won't meet district criteria. Because in order to treat water, it has to be dry pretreatment, which means it has to be a foot about the wet season water table. These are good quality wetlands. The water table is at least a foot, possibly two feet in some areas above the ground surface, which means you're looking at filling the road even higher than it is today. And that includes widening the footprint to get your side slopes and your roadside ditches in. So, you know, I can't at this time say we would not permit Sabal Palm Road, but it would be a very long, very tenuous process, substantial design changes, and I would not hesitate to say it would probably go to administrative hearing. CHAIRM~AN HILL: Thank you. MR. COE: Now we got a road out there, everybody in the county knows where it is. A lot of us have driven it. It's an illegal road. You haven't permitted it, nobody's permitted it. Then we w-ant to develop a golf course out there. And, you know, I'm no idiot. You're going to have to pave the road. I mean, people don't drive to a golf course on a dirt road, particularly those kind of golfers that you're going to try to get out there. And you're not going to permit it. Then we've got a landowner. Where is he? There he is. He's still over there. And I understand his point. Here he's paying three and a half mills forever taxes on a road that hasn't even been permitted. Not o:)ly that, it's illegal. ~S. JOHNSON: Well, you have to -- ~R. COE: Do I get this picture right? MS. JOHNSON: Well, one of the things that I think has kept Sabai Palm from ever being permitted is that I don't believe the county has a right-of-way. So it was pretty much up to the private property Page 49 October 13, 1999 owners to try to get together and do an MSBU or something so that the county could get their arms around it and actually try to get a permit for a footprint of a roadway. Since that hasn't really happened and steam rolled itself, I think the resident -- and I know the people operating the fill pit periodically grad9 the road, it's gotten wider over the years. Really, the Water Management District and the Corps of Engineers would have required the illegal portions of the road be taken out years .ago. The problem is, we can't find a responsible entity. If it was a county right-of-way, we would have held the county responsible.. But because you have single-family homeowners that own portions of the road, you really -- we tried to go after each individual, and that doesn't work. So from the District's standpoint, we really kind of dropped the ball and just let it sit. MR. COE: Well, I don't .-- how can we charge this guy taxes for, I guess, road improvement of an illegal road? MS. JOHNSON: Well, I mean, I'm not an attorney, but if they actually established their own MSTU for the road, doesn't that cover the road improvements? MR. SANSBURY: Mr. Chairman? CHAIRMAN HILL: Yes, Mr~ Sansbury. Mk. SANSBURY: I'd just like to.ask a couple ~f questions. You mentioned there was a legal challenge at some point when the district and the judge ruled against the district. What did the judge '? What did the jury say? MS. JOHNSON: I really don't remember because I didn't testify at it. My ~nderstanding of the case was we had -- and actually, the Fish and Wildlife officers were working with us on the case. They had found supposedly the individual responsible for putting fill out there. IT was a homeowner out there. But rather than .try to assess each home~-wner, this was a person someone had actually witnessed doing it. He r,~uested, instead of a ~- just a judge, actually he had a i~11!~, Jury trial. And they ruled in his favor that he wasn't liable for that. Tha='s about the extent I know of that case. But in turn, the district went and got permits to take that fill plug out ar~ restore the sheet flow for the rest of the residences who were north of the road and who were flooding at that point. MR. SA~SBURY: Could I ask staff a question, just to follow up on that? Again, we're looking at the merits of the project. Could this project ever be permitted without the road being permitted and legal access given to it? Wouldn't that be the first step that would have to occur? MS. JOHNSON: From the Water Management District, we would not permit it without an access. We would have to review that as part of i~.~,secondary and cumulative impact. MR. SANSBURY: Which is part of the process. I was going to say, this project, could it ever be permitted without the road -- Page 50 October 13, 1999 permit for the road going through, having the required easements, having the required water management permits, having the required permits from the county to build it to the required section to meet safety stands, to meet water quality standards? If that didn't happen, this project couldn't happen. They would have to show legal access and a MR. CHRZANOWSKI: paved road, yes. MR. SANSBURY: What we're here for is not to determine the.legal access and the permitability (sic) of the rQad and those things. What we're here for is for the environmental impact of this particular' project. The road's already there. We're here to say, is this thing good or bad for the environment, and that's what we're here for, as I see what this committee is supposed to be doing. And, you know, we're getting off on a bunch of tangents. It's not what we're supposed to be making our decision on, are what my feelings are. MS. PAYTON: One quick clarification. The current budget for Collier County, the Sabal Palm MSTU, whatever those right -- taxing district, they're not taxing themselves this year the 3.2 mill or whatever they have been taxing. They have at least for this year i decided not to tax themselves. CHAIRMAN HILL: One more public input, and then I will close that. Please, Mr. Sleeth. MR. SLEETH: Yes, Kenneth Sleeth. I Just talked with -- I was just talking with the appraiser, agricultural appraiser, and in turn, we are -- I don't know where this intermission (sic) came from, but as of, I would say, an hour and a half ago, we are still being taxed 3..5 mills for 10,000 of our 1,000 -- our assessed value. As of an hour -- well, okay, I'll give it two hours ago, because I discussed it. I was talking with the appraiser out there. But as I was going to say, gentlemen, in relation to -- I'll be very happy to sell my property to the state if they in turn will reimburse me for what it has cost me in a possible investment in this property. I'm not asking. We're a good -- keep the land up. My wife and I, I cut the property twice a year. And if I don't cut it twice a year, you've got about 75 percent of my property that's growing up melaleuca. I had that taken out. And that's part of the cost it cost me in this $100,000 to bring my property up to the level that the forestry department says I wish that you people, everybody else on the road would do the same thing as Mr. Sleeth. And all this property you re talking about sheet flow it s interesting, when we had all th~ rains here a short time ago, do you know where the water was running over? It was running over the paved road, which is the first mile of the road. When you get out to the 9range grove and out toward my place, there was no water running over t. he road, see? So therefore, there's no -- the orange grove is across the. street from this entire property. There's no way you're going to get sAeet flow across this property or anywhere along on ~his area there. Page 51 ~:~ .' COLLIER COUNTY FI.OIIIDA II£QUEST FOIl LEGAL ADVERTISING OF PUBIAC 1IEARINGS To: Clerk to tile Board: PIc;i.~e place tile follo~lin,~ ns a: XXX Normal legal Advcnisctncnl (Display Adv.. location. etc.) [] Olhcr: Originating Dept/Div: Comm. Dev. Ser.'./Planning Person: g/~m,~ I~,~/.~ ~./ Date: ~/~ ~/ ~ Petition No. (I f none, give brief dc~ripfio~ CU-99- ~) Petitioner: (Name & Addrcss):~SR 8~6 D~nd Tms~. 3606 Enlcrprisc Avenue. Naples. FL 341()4 Name & Address ofnny ~r~on(s) to ~ notified by Clcrk's Off~cc . Bruce Anderson. E~.. You,g. van Assertdour, Vnrnad~ & Anderson. P.A.. 801 Lnurel Oak Drive. Suite 300. Naples. FL 34104 H~rmg ~ror BCC ..... ,BZA . Oiltar ~ .~' , I -- ' lla~edonadverlisenlen, R~ucsted tfenringdal __ 0 / .... ' ap~ar~g 15 tinrSVP%re hearing. Ncwspa~r(s) co ~ used: (Complete only ir imimrlm,I) ~aples Daily Ncxvs Oilset ~ Leg;ill5 Rcqmrcd Pro~d Text: CU-99-16. R. Bruce Anderson. Esqmrc. of Young. Van As~nderp. Varn;id~ and Anderson. P.A.. repre~nling 5R- 846 ~nd Tnls[. r~ucsling coodilional Li~ "I" Off Ihe "A" AgrJcuhurnl ~niog District for e;~hnlining ~r Section 2.2.2.3 ~of the LDC for pro~ny l~qlcd on [l~e east side of lmmokalee Road. approximately 2 miles north of Oil Well Road in Sections 1 :and 2, Township 48 S.. Range 27 E. nnd Sections 35 and ~6. Tmusship 47 S.. Rnnge 27 E.. consisting of 256~ acres Complmio,I petition(s). if ;m) &proposcd hcnrmg date Does Pclilion Fcc incl~cadv~tising cost'? ~ No If Yes. x~hal accounl should ~ charged for advertising costs: Approved by: List AllaC[mlCnlS: County Manager Date I)IS'FRIIIUTION INSTIlfICTIONS For hc:.'ing, s hcro.'e BCC or BZA: hfiti;tling person to complete lille el})' :lad obtain Division Ilead approval before submitlln~ Io County Manager. Note: If legal documenl i~ involved. be sure thai any necessary legal reviesv, or request for SaSlle, iS sul)mittc(I to County Attorney l)cfin'c sul)mittin~ to (,ou.t) M ana~cr. The M;magcr's office ~ ill distribute c.ples: [] Count)' M;ma,ger n~cn(I;i file: Clcrk's Office [] Rcqueslln,,~ l)i~b, ion [] Origln;d B. Other hearings: It~ilialing DWision head to approve nnd sullmtl original Io Clcrk's OITtcc. retaimng a copy for file. ~/:~:, FOIl CLERK'S OFFICE USE ,ONLY: '"~s,k~. · u..,~.:~. ;!::~ RF. SOLUTION 99- A RESOLUTION PROVIDING FOR Tt IE ESTABLISHMENT OF AN EARTHMINING- EXCAVATION OF FILL MATERIAL CONDITIONAL USE "1" IN THE "A" RURAL AGRICULTURAl, ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY I,OCATED IN SECTIONS 35 AND 36, TOWNSItlP 47 SOUTH, RANGE 27 EAST AND SECTIONS I AN[) 2, TOWNSHIP 48 SOUT}I, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. WI IEREAS, tlm l.cgislaturc of the State of Florida in Chapter 67-1246, Lav;s of Florida. and Chapter 125, Florida Statutes. has conferred on Collier County the power to cslablish. coordinate and enforce zoning and suct~ business regulations as are necessary for tim protection of the public: and WHEREAS, tile County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Condition:d Uses; and WItEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected. has held a public hearing al'ter notice as in said regulations made and provided, and has considered the advisability of Conditional Use "1" of Section 2.2.2.3. of the "A" P, ural Agricultural Zoning District for earthmining on the propert.,,' hereinafter described, and bas found as a matter of flint (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations anti in accordance with Subsection 2.7.4.4 of the Land Development Code fi~r the Collier County Planning Commission: and WHEREAS, all interested parties have been given opportunity to bc heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, TttEREFORE BE IT RESOLVED, BY TIlE BOARD OF ZONING APPEALS of Collier County, Florida that: The petition filed by R. Bruce Anderson, Esquire of Young, Van Assendcrp, Vv. madoc and Anderson, P.A., representing the SR-846 l.and Trust, with respect to tile property hcrcinnftcr ticscribed Exhibit "B" which is attached hereto and incorporated by reference herein :'/ 'l. be and the same is hereby approved for Conditional Use "1" of Section 2.2.2.3. of the "A" Rural Agricultural Zoning District for earthmining in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of~__, 1999. BOARD OF ZONING APPEAI.S COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency: Assistant County Attorney BY: PAMELA S. MAC'KIE, CHAIRWOMAN ~,/,,dmin/peti~.ion/CU-99-16/RESOI.UTION i. FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU~99~16 The followinG facts are found: 1. Section 2.2.2.3.1. of tile Land Development Code a~thorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Consistency with the Land Development Code and Growth Management Plan: Yes No Bo Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No Affects neighboring properties in relation to noise, glare, economic or odor effects: __ No affect or __ Affect mitigated by __ Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: CHAIRMAN: f/FINDING OF FACT C~AIR~%AN/ EXHIBIT "A" FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU~99-16 The following facts are found: 1. Section 2.2.2.3.1. of the Land Development Code a~horized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Consistency with the Land Development Code and Growth Management Plan: Yes No So Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No Co Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or __ Affect mitigated by __ Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: MEHBER: f/FINDING OF FACT MEMBER/ LEGAL DESCRIPTION ALL OF SECTIONS 35 AND 36 IN TOWNSHIP 47 SQUTH, RANGE 27 EAST AND ALL OF SECTIONS1 AND 2 IN TOWNSHIP 48 SOUTH, RANGE 27 EAST, LESS ROAD RIGHT-OF-WAY FOR COUNTY ROAD 846 (IMMOKALEE ROAD), COLLIER ~;OUNTY, FLORIDA. EXHIBIT "B" EXHIBIT "C" 13A 2 This approval is conditioned upon the following stipulations requested by the Collier County Planning Commission in their public hearing on September 16, 1999. The Current Planning Manager, may approve minor changes in the location, siting, or height of buildings, structures, and_improvements authorized by the conditional use. Expansion of the uses ~denbfied and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances In effect at the time of submittal, including Division 3.3, Site Development Plan Review and approval, of the Collier County Land Development Code, Ordinance (91-102). bo The conditional use approval shall be reviewed at the end of five years to determine whether additional stipulations or mitigation are necessary to insure compatibility with other properties in the area and to assure public health, safety and welfare is adequately addressed. Development Services staff will use the following standards in their review and, in the event of the inability of Development Services and applicant to agree upon additional stipulations or mitigation, the matter will be referred to the Board of Zoning Appeals using the Land development Code procedural requirement for appeals. The standards for review are: At least six months prior to the fifth anniversary of the Board of Zoning appeals approvals, applicant shall submit a noise study acceptable to Development Services staff to determine whether additional berming, landscape or buffers are necessary to insure compatibility with adjacent residential structures. II. At least six months prior to the fifth anniversary of this approval, applicant will submit to Development services a Traffic Study conducted in a manner approved by County Transportation Department that assesses the level of service on County Road 846, the project's impact on county Road 846, and any mitigation needed to address this project's impacts on automotive and pedestrian safety along the affected section of the CR. 846. Additional mitigative measures that may be required include: (1) Project contribution (on a proportional share basis) to add signalization or turn lanes for other public roads within this project's Radius of Influence. -1- Co eo he ko m. (2) Limilation of haul trips from the project to a maximum of 175 per 24-hour period. (3) Mitigation of abnormal wear or tear caused by this project's use of County Road 846 that are not addressed by payment of impact fees. Traffic counters must be installed at the project entrance to count inbound and outbound traffic separately, Reports should be filed quarterly. The applicant should be responsible for the costs of engi,r~ering analysis for a traffic signal warrant study and for the total costs of any signal. The County shall be the sole doterminer of whether or when a study and/or signal is needed. Hours of operation shall be 9:00 AM to 6:00 PM Monday through Saturday; no excavation or hauling operation shall be allowed on Sundays. No blasting will be permitted. The excavation shall be limited to a lowest possible bottom elevation of 25 feet below existing grade unless a permit modification in applied for through EAC and the BCC and shall be no shallower than 10 feet below existing grade. The excavation shall be limited to a bottom elevation of ol .0 NGVD. The petitioner must apply for a Vegetation Removal Permit. Environmental staff shall perform a site visit to determine the need for a vegetation Removal Permit and to check for any listed species. No work shall be done prior to that site visit. A take littoral zone equivalent to 10 percent of the lake perimeter will be planted prior to final acceptance. A 20-foot maintenance easement dedicated to Collier County shall be provided around the perimeter of the lake. Off-site removal of material shall be subject to "standard conditions" imposed by the Transpodation Services Division in the attached document dated May 24, 1988, as amended in January 13, 1998. Provide all necessary wetland permits prior to obtaining the vegetation removal permit, Prior to obtaining the vegetation removal permit that is required in conjunction with the excavation permit, the petitioner shall provide letters from US Fish and Wildlife Services and the Florida Fish and Wildlife -2- Conservation Commission resolving all wildlife issues on the site, i.e., burrowing owls, Florida panther, Florida black bear, wood stork, etc. 2 EXHIBIT 'D" -3- (:OI.I,IEI~ COUNTY TI~ANSI'ORTATION SI.;RVICES "STANDARD CONDITIONS" I,;XCAVATION PERSIlT APPLICATIONS INVOI,VIN(; OFF-SITE REMOVAL OF MATERIAL The intent of these "Standard Conditions" are to provide excavation permit applicants a summaD' of conditions which may affect their projects and which should be taken into consideration during all stages of project development: ,& 1. Haul routes between an excavation site and an arterial road shall be private with property owner(s) approval or be a public collector road built to standards applicable to handle tile resulting truck traffic. Where residential areas front collector roads, appropriate turn lanes, buffer and bikepath shall be required = minimal site improvements and if recommended for approval, shall be so with the condition that the Transport:dion Services Administration reserves the right to suspend or prohibit off-site removal of cxcavat',:d material should such removal create a hazardou:; road condition or substantially deteriorate a road condition; such action by the Transportation Services Administration shall be subject to appeal before the Board of County Commissioners. Itaul routes utilizing public roads shall be subject to road maintenan:.e and road repair or an appropriate fair share by the permittee in accord,-mce with Excavation Ordinance No. 91-102 as amended Div. 3.5 and Right-of-Way Ordinance No. 93-64. Off-site removal of excavated material shall be subjcct to Ordinance No. 92-22 (Road Impact Ordinance). A traffic and road impact analysis shall be made by the County to dcternline the effects that off-site removal of excavated material will have on the road system within the excavation project's zone of influence. If appropriate, road impact fees in accordance with Ordinance No. 92-22 shall be paid prior to the issuance of an excavation permit, Tim Transportation Services Administration reserves the right to establish emergency weight limit5 on public roadways affected by the off-site removal of excavated material; the procedure for establishment of weight limits shall be the presentation of an applicable resolution betBr¢ tile Board of County Commissioners. Should weight limits be instituted, the permittee shall be responsible to implement measures to assure that all heavy truck loadings leaving tile permit's properly conform to the applicable weight restriction. The Excavation l'crfonnance Gu~antce shall apply to excavation operations and also the maintenance/repair of public roads in accordance with carrent ordinances and applicable permit stipulations. Page One of Two 2 Based on soil boring infom~ation per Ordinance No. 91-102 as amended, a blasting permit may be appropriate. Should a blasting pem~it application be submhtcd and should residential areas exist within one mile of the excavation site, the County reserves the fight to deny a blasting permit based on concerns for off-site impacts from blasting at an excavation site. Should a blasting permit be considered and approved, the minimum conditions of approval in addition to conditions per Ordinance No. 91-102 as amended are as follows: Struclurc inventory/monitoring and applicable property owner release as required by the Development Services Director. .~ B. Security bond applicable to private property damage acceptable to the County. Control of sizc/dcptl~numbcr of charges pcr blast by the Devclopmcnt Scrvices Director. Do The fight of the County to suspend and/or revoke blasting permit authority should it be determined that blasting activities are creating unacceptable off-site conditions either in terms of private property damage and/or related physical effects of blasting operations. No excavation permit shall be issued until receipt of a release from the Transportation Services Administration applicable to proper mitigation of off-site impacts, meeting of applicable provisions of Ordinance No. 93-64, Ordinance No. 92-22, and Ordinance No. 91-102 as amended. Reference to letter of 5/24/88 Revised I/I 3/98 Page Two ofTwe August 27, 1999 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: Notice of Public Hearing to Consider Petition CU-99-16 Dear Pam: Please advertise the above on Sunday, September 26, 1999 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Arlene J. Baker Deputy Clerk Enclosure P.O. $916495 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier will hold a public hearing on Tuesday, October 12,1999, in the Boardroom, 3=d Floor, Administration Building, Collier County Government 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. Board will consider Petition CU-99-16, R. Bruce Anderson, Esquire, of g, Van Assenderp, Varnadoe and Anderson, P.A., representing SR-846 Trust, requesting conditional use "1" of the "A" Agricultural zoning ~!iDistrict for earthmining per Section 2.2.2.3 of the LDC for property 'located on the east side of Immokalee Road, approximately 2 miles north of ~0il Well Road in Sections 1 and 2, Township 48 S., Range 27 E., and :tions 35 and 36, Township 47 S., Range 27 E., consisting of 2564 acres. ~NOTE~ All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be i~considered by the Board shall be submitted to the appropriate County staff minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. ~-ny person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to that a verbatim record of the proceedings is made, which record ~ includes the testimony and evidence upon which the appeal is based. OF COUNTY COMMISISONERS ,LLIER COUNTY, FLORIDA P~MELA S. MAC' KIE, CHATRWOMAN j!?:. DW GH E. B OCK, CLERK By: /s/~rlene J. Baker Deputy Clerk IArlene J, Baker From: System Administrator [postmaster@CNDM02ScrippsHoward.com] Sent: Friday, August 27, 1999 3:16 PM To: Arlene. Baker@clerk.collier.fi.us Subject: Delivered: CU 99-16 CU 99.16 <<CU 99-16>> Your message To: Sprague. Dennis Subject: CU 99-16 Sent: Fri. 27 Aug 1999 15:03:58 °0400 was delivered to the following recipient(s): Sprague, Dennis on Fri, 27 Aug 1999 15:03:25 -0400 MSEXC H:MSExchangeMTA:NDDM02:N DNT01 27, 1999 SR 846 Land Trust 3606 Enterprise Avenue Naples, FL 34104 '~'.Re: Notice of Public Hearing to consider Petition CU-99~16 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 12, 1999 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 26, 1999. You are invited to attend this public hearing. Sincerely, Arlene J. Baker Deputy Clerk Enclosure August 27, 1999 R0 Bruce Anderson, Esquire Young, van Assenderp, Varnadoe & Anderson, P.A. 801 Laurel Oak Drive, Suite 300 Naples, FL 34104 Re: Notice of Public Hearin9 to consider Petition CU-99o16 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 12, 1999 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 26, 1999. You are invited to attend this public hearing. Sincerely, Arlene J. Baker Deputy Clerk Enclosure Maureen K. Kenyon From: martin_c [CeciliaMartin@colliergov.net] Sent: Thursday. September 23, 1999 2:53 PM To: Maureen K. Kenyon Cc: johnson_c; pedone_b Subject:CU-99-16 Earthmining This petition was sent up for the October 12~;' BCC meeting. The petitioner has requested this petition be heard at the November 9m ~CC meeting,, Picaso kill the ad sent for the October 12~*' BCC meeting and reflect tho roquest~;d advertised date of November 9~". van a$s~nd~rp YV&V 1 94! 5~? 10~0 PoO! NAPLES September 7.3, 1999 1/14 F,tC.~[,IIILI:; 645-696n .~ REG(.'L~4tl ,~1.t11. Mr. CIv,hrum hadamtchian I)cvc{opmcnt ',;or v tee.., 2g00 N. Hor.~edme Drive Naple~. t"l ]4104 KL: (.'U-Ut~-16..qR ~,16 1 u,~d lrust Dear ('halu I hc purpose ol the% lette, is to toques! lb,at the ahuv¢ referenced Petition bc pt,lied from the ()~tol<r 12. 1999 County ('aramisskin ,gcnda and re~heduled for Ibu November Commission meeting. Fly copy of this Ictlcr 14) Mauree~ Kenyon, Clerk to the Board. ~c ,~ac rcque,fiuy that lhc ndvcrliscnlcnt Ibr this ~lit{on that was Io appear in the September ?6. IqO9 edition of the Naple~ Daily k'e~ also bc pulled. Plc,l,~t: oh, t,r,t heslt. J{c {n coalact me if you have any tlUe~tiolls reganling lite nboxc. 'Ihnnk you. Sincerely. ~. Bruce Mathcon Kenynn. via 13t'silnile 774.~40~ Don;,ld P, arher David Wilkison lln~cc ~(cphcn Spasam .qlcphcn Ken P,~arclla B.b N,lufherc September 24, 1999 Ms, Pam Perrell Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: Notice of Public Hearing to Consider Petition CU~99-16 Dear Pam: Please advertise the above referenced petition on Sunday, October 24, t999 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Pam, please note, this is the ad we discussed yesterday, changing the advertising date from September 26~h to October 24~h, 1999 . Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure P.O. #916495 NOTICE OF PUBLIC HEARING i~Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tue~ November 9,1999, in the Boardroom, 3r~ Floor, Administration Building, Collier County Government 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition CUo99-16, R. Bruce Anderson, Esquire, of Young, Van Assenderp, Varnadoe and Anderson, P.A., representing SR-846 Land Trust, requesting conditional use "1" of the "A" Agricultural Zoning District for earthmining per Section 2.2.2.3 of the LDC for property located on the east side of Immokalee Road, approximately 2 miles north of i'Oii Well Road in Sections 1 and 2, Township 48 S., Range 27 E., and Sections 35 and 36, Township 47 S., Range 27 E., consisting of 2564 acres. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item Persons wishing to have written or graphic materials included in the Board packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PAMELA S. MAC'KIE, CHAIRWOMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) ~" ~ ' 1}A 2 Ellie J. Hoffman From: Ellie J. Hoffman Sent: Friday, September 24, 1999 8:27 AM To: 'PAPERRELL@NAPLESNEWS.COM' Subject: Petition CU-99-16 Legal Ad for above referenced petition as discussed yesterday. NDN CU-99,16. I 4~x NOTICE CU 99 16,1 September 24, 1999 $R 846 Land Tzust 3606 Enterprise Avenue Naples, FL 34104 Re: Notice o£ Public Hearing to consider Petition CU-99-16 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 9, 1999 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 24, 1999. You are invited to attend this public hearin9. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure September 24, 1999 R. Bruce Anderson, Esquire Young, van Assenderp, Varnadoe & Anderson, P.A. 801 Laurel Oak Drive, Suite 300 Naples, FL 34104 Re: Notice of Public Hearing to consider Petition CU~99-16 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 9, 1999 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 24, 1999. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure BOARD OF COUNTY CO~/~I$SIONER5 ATTH: TOert'A PH:LL%PS PO BOX z.1~316 NAPLES FL 34101-$016 REFERENCE: ~O1230 #916/,95 57951478 CU-99-16 ta3TICE OF P State of Florida Before the u~ersSgn~ eut~rtty, pers~a~ty B, La~, ~ ~ ~th ~eys that abe servel t~ AlsJlt~t Cor~rate Secertary of the C~nty, FLorida: that the attach~ Af~$~t further ley~ that the la~d HapLea Oaqty N~m ~. m n~m~r ~bti.h~ at Nap~e~, tn .aid Cottier C~nty~ FLorida, a~ that the maid n~r ~s heretofore ~en coot thusLy ~L$sh~ $n maid CoLLier C~ty, FLorida, each ~y a~ hal ~en enter~ as mec~ clams ~tter mt the ~st office in HapLem, tn said Cottier C~nty~ F[or~da~ for a per{~ of 1 ),ear next prec~S~ the first ~bHcat~on of the ettach~ ~ of advertisement; a~ affiant further saym that she has neither ~$d ~r pr~ts~ any perm~, firm or c~ratt~ any disc~t, re~te, ~ts~J~ or refu~ for the ~r~se of lecurt~ this advertise~nt for ~Ci¢ati~ 4n the ~aid n~epa~e. P~LISHE0 ~: CU.~9-1& :' "' NOTICE OF PUBLIC HEARING . _ Notice Im hereby given tt~t tt~e B<x~d c4 Cou~ ~lss~ ~ C~I~ C~, will ~ o p~11~ T~ ~d w lJ co~ider Pem~ ~u-~-Io ~.846 Lo~ T~st~.r~sTl~ Co~l~o~l use ~ ~e "A" A~lcu~rOl Zo~I~ DIs~I~ f~ e~- sin ~ ~ ~1on.2.2.2.3 ~.fhe L~ ~ns 1 o~ 2, T~HIp 41 S., Ro~ ~ ~CflO~ 3S o~ ~, Township 47 S., RG~e 'z/ ~., C~Is~ ~ 2~4 ~s, . . ~em. The ~le~ ~ ~ I~ ~ ~ ~ ~lted b~ the C~k~, ~ ~~ ~ ~ ~ p~ ~hl~ ~ ~e ~ ~ ~h~ ~. ~ld ~tol o ml~mum ~ 3 weeks ~ m me re. ~ed ~ ~e ~e C~ s~ a mlnlmU~ ~ven ~ ~ W ~ ~lic h~ All ma~erm~ BO~O OF COUN~CO~MI$SION~S C~L~R COU~Y, FL~IDA Cl~ . ~4 :~ ~'~ No, 1~69743 AD SPACE: 106.000 HtCH FILED oN: 10/25/99 Signature of Affiant '~"'" ,.or, ,o ,,,. o, Per~onaCCy k~ by ee 2 I~.F. SOLUTION 99- 420 A RESOLUTION PROVIDING FOR TI IE ESTABI.ISItMENT OF AN EARTHMINING- I".XCAVATION OF FILl. MAT[~RIAL CONDITIONAL USE "1" IN 'DIE "A" RURAl. AGRICULT[JRAI. ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3. OF Till:. COLLIER COUNTY LAND DEVELOPMENT ('ODF: FOR PROPERTY I.OCATED IN SECTIONS 35 AND 36, TOWNSIIIP 47 SOUTit, RANGE 27 EAST AND SECTIONS I AND 2, TOWNSflIP 48 SOUTII. RANGE 27 EAST, COI.LIER COUNTY, FLORIDA. WilEREAS, the l.cgisl:tture of the State of Florid;, in Chapter 67-1246, l.aws of Florida, and Chapter 125. Florida Statutes, has conferred on Collier (?ounty the power to establish, coordinate filial cn~orcc zoning and such business regulations as arc necessary for lhc protection of the public: and Wl IEREAS. the County pursuant thereto has atloptcd a l.and Develt~pmcnt C't~clc (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance cslablishing regulations for the zoning of pnHicular geographic divisions of the County, among which is the granting o~ Conditional Uses; and WIIERI~AS, tim Q'ollicr County l'[anning Commission, being the duly appointed and constituted planning board for the area hereby nfi~ctcd, has held a public hearing atlcr notice ns in said regulations made and provided, and has considered the advisability o~ Conditional Use "1" of Section 2.2.2.3. of the "A" Rural Agricullural Zoning District ~br earthmining on the propc~y hereinafter described, and has found as a matter of hct (Exhibit "A") that satisfacto~ provision and arrangcmcnt have been marie concerning all applicable matters rcquircd by said regulations and in accordance with Subsection 2.7.4.4 oCthe Land Development Code for the Collier County Plannh~g Commission; and WItEREAS, all intcrestcd panics havc bccn given oppo~unity to bc heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, TItEREFORE BE IT RESOLVED, BY TIlE BOARD OF ZONING APPEALS of Collier County, Florida that: The petition filed by R. Brucc Anderson, Esquire of Young, Van Assended, Varnadoe and Antlerson, P.A., representing the SR-846 Land Trust, with respect to the property hcrcina~cr dcscribcd ~IS 2 Exhibit "B" which is attached hereto and inco~orated by rclbrcnee irarein be and the same is hcrchy :~pprovcd for Condh[onal Use "1" of Section 2.2.2.3. of file "A" Rural A§ricultural Zoning District for earthmining in accordance with the Conccptual Master Plan (Exhibit "C") and subject to the following conditions: Exhibit "D" which is attached herciD and incorporatcd by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this -~-~tk,---day o f..~:t~te..mar~L., 1999. 2kA .TTE$..T: ,"DWIGHT E. BROCK, Clerk Approved as to Form ariasignature only. Legal Sufficiency: Mariofib M. Student Assistant County Attorney s/adminlpetimm/CI J-99. I (U R I!."g ¢ :'I,UTI¢)N FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 99 - 16 The following facts are found: Section 2.2.2.3.1. of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Consistency with the Land Development Code and Growth Management Plan: Yes ./ No B o Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & e/gress Yes ~/ No Co Affects neighboring properties in relation to noise, glare/ economic or odor effects: L/No affect or Affect mitigated by Affect cannot be mitigated D o Compatibility with adjacent properties and other property in the district: Compatible us~ ~l/thin district Yes V No Based on the above findings, this conditional use should, with stipulations, (copy attached) (~ be recommende~]or approva 1 f/FINDING OF FACT MEMBER/ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-16 The following facts are found: Section 2.2.2.3.1. of the Land Develcpment Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: ao Consistency with the Land Development Code and Growth Management ~n: Yes No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress &/egress Yes V No Affects neighboring properties in relation to noise, gla?, economic or odor effects: No affect or __ Affect mitigated by Affect cannot be mitigated Do Compatibility with adjacent properties and other property in the district: Compatible usev~ithin district Yes No Based on the above findings, this conditional use should, with stipulatio~~ached) (should not) be recommended for approval ( ~'7~Y~Ov~j3 ) . DATE: 9 MEMBER: _ f/FXNDING OF FACT MEMBER/ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-16 The following facts are found: Section 2.2.2.3.1. of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: ao Consistency with the Land Development Code and Growth Management P!a~: Yes ~ No ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ~.-~ No Co Affects neighboring properties in relation to noise, glare,~economic or odor effects: ~_./No affect or Affect mitigated by Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~-/" NO Based on the above findings, this conditional use should, with stipulations, (copy attached) for approval (should not) be_recommended f/FI~;DING OF FACT MEMBER/ 2 FINDING $F FACT BY CSLLIER CSUNTY PLANNING CSMMISSISN FeR A CeNDITISNAL USE PETITISN FSR CU-99-16 The following facts are found: Section 2.2.2.3.1. of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Consistency with thg/Land Development Code and Growth Management P~n: Yes ~ No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: &.~ress Adequate ingress Yes ~/ No Affects neighboring properties in relation to noise, gl~_, economic or odor effects: ~No affect or Affect mitigated by __Affect cannot be mitigated Compatibility with adjacent properties and other property in the distr~dt: Compatible use,/ithin district Yes ~No Based on the above findings, this conditional use should, with stipulations, (copy attached) approval (s~i~~. be recom~ended f/or t~/FINDIl~G OF FACT MEMBER/ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-16 The following facts are found: Section 2.2.2.3.1. of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Consistency with the Land Development Code and Growth Management Pla~~ Yes __~__No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ~/ No Affects neighboring properties in relation to noise, glare, economic or odor effects: / No affect or Affect mitigated by Affect cannot be mitigated Do Compatibility with adjacent properties and other property in the district: Compatible use,within district Yes ~" No Based on the above findings, this conditional use should, with stipulations, (cc~~ed) ~Qt) be recom~nded for approval DATE: ', ~ MEMBE f/FINDING OF FACT MEMBER/ LEGAL DESCRIPTION ALL OF SECTIONS 35 AND 36 IN TOWNSHIP 47 SOUTH, RANGE 27 EAST AND ALL OF SECTIONS1 AND 2 IN TOWNSHIP 48 SOUTH, RANGE 27 EAST, LESSROAD RIGHT-OF-WAY FOR COUNTY ROAD 846 (IMMOKALEEROAD), COLLIER COUNTY, FLORIDA. EXHIBIT "B" This approval is conditioned upon the following stipulations requested by the Collier County Planning Commission in their public hearing on September 16, 1999. The Current Planning Manager, may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and approval, of the Collier County Land Development Code, Ordinance (91-102). bo The conditional use approval shall be reviewed at the end of five years to determine whether additional stipulations or mitigation are necessary to insure compatibility with other propedies in the area and to assure public health, safety and welfare is adequately addressed. Development Services staff will use the following standards in their review and, in the event of the inability of Development Services and applicant to agree upon additional stipulations or mitigation, the matter will be referred to the Board of Zoning Appeals using the Land development Code procedural requirement for appeals. The standards for review are: At least six months prior to the fifth anniversary of the Board of Zoning appeals approvals, applicant shall submit a noise study acceptable to Development Services staff to determine whether additional berming, landscape or buffers are necessary to insure compatibility with adjacent residential structures. II. At least six months prior to the fifth anniversary of this approval, applicant will submit to Development services a Traffic Study conducted in a manner approved by County Transportation Department that assesses the level of service on County Road 846, the project's impact on county Road 846, and any mitigation needed to address this project's impacts on automotive and pedestrian safety along the affected section of the CR. 846. Additional mitigative measures that may be required include: (1) Project contribution (on a proportional share basis) to add signalization or turn lanes for other public roads within this project's Radius of Influence. -1- Go (2) Limitation of haul trips from the project to a maximum of 175 per 24-hour peried. (3) Mitigation of abnormal wear or tear caused by this project's use of County Road 846 that are not addressed by payment of impact fees. Traffic counts, conducted on a quarterly basis, will be provided to Collier County Transportation Services in a quarterly report. The traffic counts will be taken at the project entrance, by direction (inbound and outbound), and will be conducted by fifteen-minute increments for 48 consecutive hours. Traffic counts and the quarterly report will be provided for five years. The need for quarterly repods and counts will be re-evaluated coincident with the conditional use review specified in condition (b) above. The applicant shall be responsible for the costs of engineering analysis for a traffic signal warrant study and for the total costs of any signal. The County shall be the sole determiner of whether or when a study and/or signal is needed. Furlher, lhe applicant agrees to the following additional conditions: A northbound right-turn lane and a southbound left-turn lane will be provided at the entrance with Immokalee Road. These turn lanes will be site-related improvements. The turn lanes will be designed reflective of Immokalee Road as a rural aderial with 55 mph design speed. While the minimum storage length design will be based on a rural roadway and 55 mph design speed, site condition may warrant longer turn lane. (2) Advance warning signs will be provided on Immokalee Road, north and south of the project entrance. A tolal of four advanced warning signs, with flashers, will be provided. The hours that each sign shall flash will be determined by the applicant in consultation with Collier County Transportation Services. Warning signs will be placed approximately 700 feet before the entrance both on northbound and southbound directions. These signs shall read Caution Trucks Entering Highway or some other warning agreed to by Transportation Services. Additional warning signs will be placed approximately 200 feet before the entrance in both northbound and southbound directions. The signs shall read Mine Entrance Ahead or some other warning agreed to by Transportation Services. All signs (type, size, location, etc.) shall be consistent with the Manual On Uniform Traffic Control Devices. (3) A flashing traffic signal will be provided at the intersection of the project entrance and Immokalee Road. Immokalee Road -2- ho will have the flashing yellow indication and the project entrance the flashing red, (4) Coincident with the installation of the flashing yellow traffic signal, the intersection will be illuminated with a streetlight. Hours of operation shall be 7:00 AM to 6:00 PM Monday through Saturday; no excavation or hauling operation shall be allowed on Sundays. No blasting will be permitted. The excavation shall be limited to a lowest possible bottom elevation of 25 feet below existing grade unless a permit modification is applied for through EAC and the BCC and shall be no shallower than 10 feet below existing grade. The excavation shall be limited to a bottom elevation of -1.0 NGVD. The petitioner must apply for a Vegetation Removal Permit. Environmental staff shall perform a site visit to determine the need for a vegetation Removal Permit and to check for any listed species. No work shall be done prior to that site visit. A lake littoral zone equivalent to 10 percent of the lake perimeter will be planted prior to final acceptance. A 20-foot maintenance easement dedicated to Collier County shall be provided around the perimeter of the lake. Off-site removal of material shall be subject to "standard conditions" imposed by the Transportation Services Division in the attached document dated May 24, 1988, as amended in January 13, 1998. Provide all necessary wetland permits prior to obtaining the vegetation removal permit. Prior to obtaining the vegetation removal permit that is required in conjunction with the excavation permit, the petitioner shall provide letters from US Fish and Wildlife Services and the Florida Fish and Wildlife Conservation Commission resolving all wildlife issues on the site, i.e., burrowing owls, Florida panther, Florida black bear, wood stork, etc. EXHIBIT "D" -3- COLLIER COUNTY TRANSPORTATION SERVICES "STANDARD CONDITIONS" EXCAVAl'ION PERMIT APPLICATIONS INVOLVING OFF-SITE REMOVAI, OF MATERIAL The intent of these "Standard Conditions" are to provide excavation permit applicants a summary of comlitions which may affect their projects and which should be taken into consideration during all stages of project development: Haul routes between an excavation site and an arterial road shall be private with property owner(s) approval or be a public collector road built to standards applicable to handle the resulting truck traffic. Wilere residential areas front collector roads, appropriate turn lanes, buffer and bikepath shall be required as minimal site improvements and if recommended for approval, shall be so with the condition that the Transportation Services Administration reserves the right to suspend or prohibit off-site removal of excavated material should such removal create a hazardous road condition or substantially deteriorate a road condition; such action by the Transportation Services Administration shall be subject to appeal before the Board of County Commissioners. l-{aul routes utilizing public roads shall be subject to road maintenance and road repair or an appropriate fair share by the permittee in accordance with Excavation Ordinance No. 91-102 as amended Div. 3.5 and Right-of-Way Ordinance No. 93-64. Off-site removal of excavated material shall be subject to Ordinance No. 92-22 (Road Impact Ordinance). A traffic and road impact analysis shall be made by the County to determine the effects that off-site removal of excavated material will have on the road system within the excavation projoel's zone of influence. If appropriate. road impact fees in accordance with Ordinance No. 92-22 shall be paid prior to the issuance of an excavation permit. 4. The Transportation Services Administration reserves the right to establish emergency ,,','eight limits, on public roadways affected by the off-site removal of excavated material; the ~?~j/i?' proce'durc for establishment of weight limits shall be tile presentation of an applicable resolution before the Board of County Commissioners. Should weight limits be instituted, the permittee shall be responsible to implement measures to ~sure that all heavy truck loadings leaving the permit s property conform to the applicable weight restriction. ~ ~ 5. The Excavation Performance Guarantee shall apply to excavation operations and also the ~ ~ maintenance/repair of public roads in accordance with current ordinances and applicable ' jl permit stipulations. ~J ~?i Page One ofTwe Based on soil boring information per Ordinance No. 91-102 as amended, a blasting permit may be appropriate. Should a blasting permit application be submitted and should residential areas exist within one mile of the excavation site, the County reserves the right to deny a blasting permit based on concerns for off-site impacts from blasting at an excavation site. Should a blaring permit be considered and approved, the minimum conditions of approval in addition to conditions per Ordinance No. 91-102 as amended are as follows: Structure inventory/monitoring and applicable propcny owner release as required by thc Development Sen'ices Director. B. Sccurity homl applicable to private propcrty damage acceptable to thc County. Control of size/dcptlu'numbcr of charges per blast by thc Dcvclot~mcnt Services Director. The right of the County to suspend anti/or revoke blasting permit authority should it be determined that blasting activities are creating unacceptable off-site conditions either in terms of private property damage and/or related physical effects of blasting operations. No excavation permit shall be issued until receipt of a release from the Transportation Services Administration applicable to proper mitigation of off-site impacts, meeting of applicable provisions of Ordinance No. 93-64, Ordinance No. ')2-22, and Ordinance No. 91 - 102 as amended. Rcf'crcncc to letter of 5:'24/88 Revised i/l 3/98 Page Two of Two I'ERMII' FOR CARNIVAl. EXIIIiHI'ION 16A ['crmit No.CP- 9 9 - 10 STAT[:. OF [:I.ORIDA COUNWY OF COLLIFR: WIIF. REAS, ('olhct ('rarely Agrlculturc l.a~r anti I:xposition, Inc., has made application Io thc Board of County Commissioners of ('olhct Counly. i:lotMa, fl~t a pcnmt h) conduct a carnival; and WIIEREAS, ('olhcr County Agriculture Fmr and INpositmn. Inc., has presented to thc Board sufficient evidence that all criteria for thc issuance of a pcrlnit to condtlcl a carnival as scl forth in Chapter 1(), Article Il, Amusements anti F. ntertaimncnts, of thc Col[ice County Code have been satisfied ami that such carnival will be conducted according to lawfill rcquircmcnts and conditions; and WIIF. REAS, said Collier County Agriculture Fair and Exposition. Inc., has requested a waiver of the Carnival Fee, Surety Bond and Occupational l.iccnse; NOW, TIIF. RF. FOI~F., TI IlS PERMIT IS I IER. F. BY (ii(ANTED TO Collier County Agricuhurc Fair and Exposition, Inc., to conduct a carnival from January 7 through January 15, 2000, in accordance with the terms anti conditions set forth in the petitioner's application and all related documents, attached hereto and incoqmrated herein for thc fifllowing described properly: (Sec attached Exhibit "A") 'll~c request fi~r ~'aivcr of Surety Bond is hereby approved. \VITNESS my hand as ('hainvoman of said Board and Seal of said County. attested by the Clerk of Courts ~i.'iDWIGIri' E. BROCK. Clerk BOARD OF COUNTY COMMISSION[iRS: C(,L'NTy.I; FLORIDA: COLL,.IF.R I~AMEI.A S. MAC'KIE, CItAIRWOMAN M. Student Araistant County Anomcy g/admm/C-00- I O'('M qm DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF DECEMBER 28, 1999 DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF DECEMBER 28, 1999 PROJECT: Collier's Reserve Median Irrigation 16B UTILITY EASEMENT THIS EASEMENT, made and entered into this~..','b,~-c) day of ~-~v.~.~-~, 19c~ c~, by COLLIER DEVELOPMENT CORPORATION, a FIori'~a ~'orporation, Whose address is 3003 Tamiami Trail North, Naples, Florida 34103, as Grantor and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, 3301 East Tamiami Trail, Naples, Florida 34112, its successors and assigns, as Grantee. (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors or assigns.) WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a non-exclusive easemenL license, and privilege for utility and maintenance purposes, on the following described lands located in Collier County, Florida, to wit: See atlached Exhibit "A* which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY TO HAVE AND TO HOLD the same unto the Grantee together with the right lo enter upon said land, excavate, and place or remove materials including, but not limited to, pipes, service and pump stations, and other equipment or improvements appurtenant thereto or thereunder for the purpose of constructing, operating, and maintaining utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. The easement granted herein shall constitute easements running with the land and shall burden the lands described above. This easement shall expire when another alternate waterline is installed offering full time operation and providing water to the subject pumping facilities, or on December 31,2005, whichever occurs first. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. IN THE PRESENCE OF: '¥~ (Pdnt Name) I ~ SECOND W1TNE~S (Signature) ['F;rint Nar~e) COLLIER DEVELOPMENT CORPO.F~tjphJ../ '-..- a Florida corporation By: ~~~~ '.," Jeffrey M. B~rr, 1.6B 6 STATE OF FLORIDA COUNTY OFCOLLIER The foregoing Utility Easement was acknowledged before me this~ & da of 19 ' ~ Y ~, 99, by Jeffrey M. Birr, Vice President, on behalf of Collier Development Co~'poration, a Florida corporation, and who i_s~ or has produced as identification (Affix notarial seal) ¥ _,,~ .,,4,e NANCY LYNN HALL ~ ~ ~ COke, MISSION # CC 640455 ~ ~s JUN 24, 2~1 ~ I~O TMIU (Signature tof Notary) (Print Name of Notary) Commission # CC_. ~'t o'-~ My Commission Expires: Office ol'lhc County Attorney 3301 East Tamtaint Trail Naples, Florida 34112 (94I) 774-8400 Folio Number: 48482240000 *** 2555243 OR: 2610 PG: 1852 NOTICE OF CI,AIM OF LIEN FOR SANITAP, Y SEXVEIl SYSTE51 IMPACT FEES Pursuam to Collier County Ordinance No. 98-69; Clu, ptcr 88-499, Laws of Florida. and other applicable provisions of law, The Board of County Commissioners of Collier County. Florida, as the Governing Board of CoUicr County and as Ex-o£ficio the Governing Board of the Collier County Water-Sewer District, hcrcby files this Notice oFCiaim of Lien for Sanitary Sewer System Impact Fees on the following described real properly {etated in Collier County, Florida, to ,,vii: Unit No. C-306, of Gulf Winds East. a condominium, as recorded in Condonliniunl Plat Book 4 at Pages 153-154, of tile Public Records of Collier County, Florida, together with the pro-rate interest in the common elements, and common property, of the condominium and limited common elements appurtcnant thereto, more particularly delineated and identified in the Declaration of Condominlum of Gulf Winds East, a condominium, as recorded in Official Records Book 508, at Page 165 through 224, inclusive, as completely amended in O£ficial Records Book 939, Pages I171'1 through 1236, and as amended by the Final Sun'cyor's Ccrtificate and other amendments thereto. The mailing address of this property is 1024 Manalce Road, Apt C-306, Naples. Florida 34114. According to the Public Records of Collier County, Florida, the described property apparently is owned by REBECCA M. COLLISON, whose post office address is 102 Wooden Ridge Road. Swanton, Maryland 21561. This Notice of Claim of Lien for Sanitary Sewer System Impact Fees is in the principal amount of $1,055.00, which principal amount shall accrue interest from June 7.1999. at lh¢ statutory interest rate for final judgments, calcul.qtcd on a calendar day basis until paid. Dated this -q'r',t, day of ,[x~t:z~m~[l~, 1999. · ATTEST: ' , DW1GIIT E. BROCK, CLERK ..... - 'gtt'est' ~s to Ch~t~' s stgnatura v BOARD OF COUNTY COMMI'SIONERS COLLIER COUNTY, FLORIDA, AS r ' ' : ? ~ TIIE GOVERNING BoDY OF COLLIER' COUNTY AND AS Ex'oFFICIO TIlE GOVERNING BOARD OF TIIE COLLIER COUNTY WATER'SEWER DISTRICT/ 'PAMELA S. M~-~'K"~, 7 CIIAIRWOMAN This instrument prepared by: /: Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941 ) 774-8400 Folio Number: 48484160007 *** 2555244 OR: 2610 PG: 1853 £1C011110 111 0?lqClU, ii¢01DS 0[ C0~LIII NOTICE OF CI.AIM OF LIEN FOR SANITARY S EWER SYSTEM i M PACT FI';ES Pursuant to Collier County Ordinance No. 98-69; Clmpter 88-499, Laws of Florida. and other applicable provisions of law. The Board of Counly Commissioners of Collier County, Florida, as the Governing Board oFCollier County and as Ex-officio lhe Governing Board of the Collier County W:~ter-gcwcr District, hereby files lifts Notice of Claim of Lien fi}r Sanitary Sewer System hnpact Fccs on tile following described rc:fi property located in Collier ('ounty, Florida, h) wit; Unit F-105. ofthat certain condominium known as Guff Winds East Condominiums Unit 1. according to the Declaration of Condominium thereeton file and recorded in the office of the Clerk of the Circuit Court of Collier County, Florida. in Official Record Book 508, pages 165, ct seq., as may be amended, together with said gnit's share off tile common elements appurtenant thereto, ~ttest as to Chat~n's signature on17 The mailing address of dfis property is 1014 Manaloe Road, Apt. F-105, Naples, Florida 34114. According to the Public Records of Collier County, Florida, the described property apparently is owned by WINFRED 11. MCMAtIAN AND IMOGENE MCMAIIAN, husband and wife, whose post office address is 4332 Jones Cove Road, Sevierville, Tennessee 37876. This Notice or Claim of Lien for Sanitary Sewer System Impact Fees is in the principal amount of $1,055.00, which principal amount shall accrue interest from June 6, 1999, at the statutory interest rate for final judgments, calculated on a calendar day basis until paid. Dated this _Gl[..:-r~,, day or/X~l:el~...g.~, 1999. BOARD OF COUNTY COMMISIONERS COLLIER COUNTY, FLORIDA, AS TIlE GOVERNING BODY OF COLLIER COUNTY AN[) AS EX-OFF1C[O 'rite GOVERNING BOARD OF TllE COLLIER COUNTY WATER-SF. WER DISTRICT I'AMELA S. MAC'~'}-~'~ CIIAIRWOMAN / This instrumcm prepared by: Office of the Cot,nty Attomcy"~-( 3301 East Tamiami Trail Naples, Florida 341 [2 (941) 774-8400 Folio Number: 484S0200000 *** 2555245 OR: 2610 PG: 1854 I,,,RO,,IC, ,t~ ,~00, 16B NO'TICE OF CI,AIM OF LIEN i:()R SANI'FARY SI~,WF, I*, SYSTEM 1311'ACT FFA:.S Pursuant to Collier ('ounty Ordinancc No. 98-69; Chapter 88-499, Laws of Florida, :red mher applicable provisions of law, The Board of County Commissioners or Collier Cot,nty, Florida, as the Governing Board GtColiter County aml as F.x-officio Ihc Governing Board of the Collier County Water-Sewer District, hereby files this Notice orClaim of Lien fi)r Sanitary Sewer System Impacl Fees on Ihc follov,'ing described real property Iocaled in Collier County, Florida. to wit: That ccrlain Condominium Parcel composed of Aparlmcnt A-105 of Unit Number I. together with an undivided sbare in the common elements appurlcnant Iherelo. in accordance with and subject to tile covenants, conditions, restrictions. casements. tetras and Gitact provisions oCthe Dcclaratkm of Co,~dominium of Gulf Winds East, Unit 1, as recorded in O.R. Book 508, at Pages 165 through 225, of the Public Records of Collier County, Florida. The mailing address of this property is I000 Monatee P, oad, Apt A-11)5. Naples, Florida 34114. According to the Public Records of Collier Cotinly, Florida, the described property apparently is owned by NANCY E. STONE, whose post office address is 5322 Carts Street, Naples, Florida 34113. This Notice of Claim of Lien for Sanila~ Sewer System hapact Fccs is in the principal amount of S1,055.00, which principal amounl shall accrue interest from June 5, 1999. at the statuto~ interest ram for final judgmcnls, calculated on a calendar day basis until paid. Dated this ~,tlay or .~m~., 1999. ATTEST: BOARD OF COUNTY COMMi'~IONERS" DWIGI[T E. BROCK. CLERK COI.l. IER COUNTY, FLORIDA, AS : ' TIlE GOVERNING BODY OF COLLIER ' ' -, :. COUNTY AND AS EX-OFFICIO THE :: . ~~~.~ GOVERNING BOARD OF TIlE COLLIER -;., '. t~.~, COUNTY WA'FER-SEWER DISTRICT/~ ,:" CIIAIRWOMAN This instrument prcparcdby: _ Officc of the County Attorney'T{' 3301 East T:tmi.'mfi Trail Naples. Florida 34112 (941) 774-8400 Folio Number: 6834396000 *** 2555246 OR: 2610 PG: 1855 *** ReLn: 16B 12, I~? NOTICE OF CI,Albl OF IAEN FOil SANITARY SEWER SYSTEM IMI'ACT FEES Pursuanl to Collier County Ordinance No. 98-69; Chapter 88-499. Lav;s of Florida. and othcr applicable provisions o£ law, The Board of('ounty Commissioncrs of Collier County. Florida. as the Governing Bo:trd of Collier County and as F. xoo£ficio the Governing [~oard of'linc Collier Counly Water-Sewer District. hereby files this Notice oFClaim or l.icn for Sanitary Sewer System Impact Fccs on Ihe Following dcscrihed real Im~pcrty Ioc.',cd in Collier County. Florida. IO Lot 102, POR'F-AU-PRINCE MOBII.E SUBDIVISION, according to the plat thereof recorded in Plat Book 13, Page 51, ['ublic Records of Collier County, Florida "ATTEST:. DWIGIIT E. BROCK. CLERK Attest to Ch~t~n'~ signature The mailing address of this property is 102 Moon Bay Strcct, Naples, Florida 34114. According to the Public Records of Collier County, Florida, the described property apparently is owned by JOHN LEE BARRETT and KATRINA M. BARRETT, husband and wife, and whose post office address is 810 Merry Lane, Greenwood, Indiana 46142. This Notice of Claim of Lien for Sanitary. Sewer System Impact Fees is in the principal amount ofS69.18, which principal amount shall accrue interest from April 27, 1999, at the statutory interest rate Far final judgments, calculated on a caleralet day basis until paid. Dated this ~,,.X'fi, day of ~k,~ilS~lt~g,,.., 1999. ... BOARD OF COUNTY COMMISIONERS COLLIER COUNTY, FLORID'A,~'$' % 'File GOVERNING BODY OF COLLIER ' COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER ~ '~' COUNTRY WATER-SEWER DISTRICT C/ PAMELA S. MAC'KIE,/ CIIAIRWOMAN This instrumem prepared Office of the Coumy Attorney- 3301 East Tamiami Trail Naples. Florida 34112 {941) 774-8400 *** 2555247 OR: 2610 PG:'1856 )I? 72t0 Folio Number: 68344080003 NOTICE OF CLAIM OF LIEN FOR SANITARY SEWER SYSTEM IMPACT FEES Pursuant to Collier County Ordinance No. 98-69; Chapter 88-499, Laws of Florida, and other applicable provisions of law, The Board of County Commissioners of Collier Counly, Florida, ;m the Governing Board of Collier County anti as Ex-officio the Governing Board of the Collier County Water-Sewer District, hereby files this Notice of Clahn of Lien for Sanitary Sewer System Impact Fccs on the following described real property located in Collier County. Florida. to wit: Lot 105 Port-Au-l'rinc¢, according to the l'lat Book 13, Page 51, of the Public Records of Collier Coral. Florida The mailing address oFthis properly is 105 Moon Bay Street, Naples, Florida 341 l a. According to the Public Records of Collier County, Florida, the described property apparently is owned by TIMOTItY LYNN CARMAN and MARY ANNE CLARY. Joint Tenants with Right of Sumivorship, whose post office address is RR ~2, Box 7092, Foe White, Florida 32038. This Notice of Claim of Licn for Sanita~ Sewer System Impact Fees is in the principal amount of S69.18. which principal amount shall accrue interest from April 26, 1999. at the slatuto~' antcrest ram for final judgmcnts. calculatcd on a calendar day basis until paid. Dated this ~ day of ~h~~. 1999. ,. ....~. . , . ,'~ ~, ? ,~, ATTEST: BOARD OF COUNTY COMMaSlONeRS. ' DWIGItT E. BP. OCK, CLERK Attest as to Chairman's signature onl$. COLLIER COUNTY. FLORIDA, AS r,'' TIlE GOVERNING BODY OFCOLLIEI~i ' ,2. COUNTY AND AS EX-OFFICIOTlIE , 'i GOVERNING BOARD OF THE COLLIER ,'!':' COUNTY W. ATER-SEWER DISTR,.ICT/." PAMELA S. MAC'KIE. / CltAIRWOMAN This instn, ment prep; red by: Office of the County Auorncwi-]( 3301 East Tamtaint Trail Naples. Florida 34112 (941 ) 774-8400 Folio Number: 68341600004 *** 2555248 OR: 2610 PG: 1857 HC fli t. Ol:~~' ~etn: ' NOTICI'~ OF CI,AIM OF LIEN FOIl SANITARY SEWF, R SYS'FEM IMI'AC'T FEES Pursuant lo Collier County Ordinance No. 98-69; Chapter 88-499. Laws of Florida. and other applicable provisions of law, The Board of County Commissioners of Collier County, Florida. as the Governing Bt~ard of Collier Cot,nty and as I!x-orficio tile Governing Board orthc Collier County Watcr-Scv, er District, hereby files this Notice of Claim of Lien for Sanitary Scv,'cr System Impact Fees on the following described real properly located in Collier County, Florida. to wil: l.ot .42, Port-Au-l'rinec, according to tile plat recorded at Plat l~ook 13. I';,gc 51 of the l'ublic Records of Collier County, Florida. ATTEST: ,'~,;,'(.DWIGHT E. BROCK, CLERK Attest as to Chairman's signature According to the Public Records of Collier Cot, nty. Florida, the described property apparently is owned by FRANCISCO and PAULA OBREGON whose post office address is tile same as the property address is 42 Moon Bay Street, Naples, Florida 34114. This Notice of Claim of Lien for Sanitary Sewer System Impact Fees is in the principal amot, nt of$69.18, which principal amount shall accrue interest from April 24. 1999, at the statutory interest rate for final judgments, calculated on a calendar day basis until paid. .. ,. ~ Dated this day of ,1999. .' -... , ....... · ,.,; .. ......~ BOARD OF COUNTY COMMISIONERs COLLIER COUNTY, FLORIDA, AS ' TItE GOVERNING BODY OF COLLlER COUNTY AN[') AS EX-OFFICIO THE GOVERNING BOARD OF TtIE COLLIER COUNTY WATER-SEWER DISTRIC'~r~ CIIAIRWOMAN This instrument prcrmrcd by: -'"-- Office of the County AttorncY'l'~ 3301 East Tamiami Trail Naples. Florida 34112 (941) 774-8400 *** 2555249 OR: 2610 PG: 1858 *** II/10/19~] at 12:35~1 D~IGH! L BROCK, Rl~ ~! 6.00 Retn: Folio Number: 68344120002 NOTICE OF CLAIM OF LIEN FOI', SAN ITARY SEWER SYSTEM IM PACT FE ES Pursuant to Collier County Ordinance No, 98-69; Cbaptcr 88-499, Laws of Fioridlt, and other applicable provisions of law, The Board of County Commissioners of Collier County, Florida, as Ilia Governing Board of Collier County and ;is Ex-oflicio 111o Governing Board of the Collier County Water-Sewer District, hereby files dlis Notice of Claim of l.icn For Sanitary Scv,'cr System Impact Fees on the following described real property located in Collier County, Florida, to wit: Lot 106, Porl. Au-Princc, according to file Plat recorded at Plat Book 13, Page 51 of tllc Public Records of Collier County, Florida. The mailing address oflhis properly is 106 Moon Bay Street, Naples, Florida 34114. According to the Public Records of Collier County, Florida, the described property apparently is ov,'ncd by PIllLIP SMITII and PI IYLA SMITH, whose post office address is 1027 Admiralty Coat',, Marco Island, Florida 34145. This Notice of Claim of Lien for Sanitary Scv,'cr System lmpact Fees is in the principal amount of 569,18, which principal amount shall accrue interest from April 24. 1999. at the sum,tory interest rate for final judgments, calculated on a calendar day basis until paid. Dated this ~ day of ~, 1999. . .~' '..ATTEST: BOARD OF COUN,T,Y CO/MMiSiO :.-,- :,DWIGIIT E. BROCK, CLERK COLLIER COUNTN, FLORIDfi.,~.Ag.""~', · THE GOVERNING BODY · .. i.:...., COUNTY AND AS EX-OFFICIO':I'HE::2!.'4;,.'~5;.. :' GOVERNING BOARI~ OF.THE COLb'I'~R ,,,,,,, · .~hxI).Q ' COUNTY WATER-SEWER Dis'rPJe?% $l~ue~ only. BY:~'PAMELA S. MAC'KIE, CHAIRWOMAN / lSB MEMORANDUM Date: To: From: Re: November 10, 1999 David Russell, Director Solid Waste Department Ellie Hoffman, Deputy Clerk Minutes & Records Department Wind Based Odor Control System Agreement Enclosed for your use, please find one original document as referenced above and approved by the Board of County Commissioners on November 9, 1999 (Item #16B13). If you should have any questions, please contact me at 774-8406. Thank you. Enclosure WINI) BASEl) OI)OR C()NTROI, SYSTEM AG REEM ENT Tills AGREEMENT, made and entered into on this ~ day of ])~i~t,~ 1999, by and between Eric'sons, a Chapter "C" corporation organized under the laws of the State of Nevada. hereinafter called the "Contractor", and Collier County a political subdivision of the State of Florida, Collier County. Naples. hereinafter called the "County"~ WITNESSETtI: (_;()MMENCEMENT. This Agreement shall commence on the date nF the issuance of a Notice to l'rocecd to the Contractor by the Project Manager. The County Administrator or his designee may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement tbr up to one hundred eighty (180) days. The County Administrator, or his designee, shall give the Contractor written notice of the County's intention It> extend the Agreement term nut less than ten (10) calendar days prior to the end of the Agreement term then in et'[ect STATEMENT OF WORK: The Contractor shall furnish, install, start-up. test, warranty and maintain for a one (1) year period the Wind Based Odor Control System {"System") as described in Exhibit A, to be powered by electricity. Installation of said system is to control odor generated from Phase Ill of Cell 6 in the Naples Landfill located on C.R. 95 I. The Contractor shall provide anchor bolt drawings, foundation tlesigns for concrete fan bases. system layout drawings and electrical distribution and control plans. The Contractor shall also provide training of County and contracted landfill operations personnel on the operation of the system The Contractor shall provide engineering for the concrete fan bases but is not responsible fi, r the cost or installation of same. The County shall be responsible for the power supply to the thirteen (13) fans. control wires t¥om the weather station to each of the motor starters located at each fan. and the concrete foundations tbr each fan. AGREEMENT SUM: The Count)' shall pay the contractor for the performance of this Agreement the amount of Two lh,ndred Forty-eight Thousand Eight t lundred Eighty Dollars ($2,18,880.00) COMPENSATION. The County shall pay the Contractor for the performance of this Agreement upon completion of the work as accepted and approved bv the Solid \Vaste Director or his designee and upon receipt of a proper invoice. Payments shall be made to the Contractor when requested as work progresses, but not more frequently than once per month. for the actual hours worked and deliverables received in the preceding month. less 10% retainage for each deliverable. Upon final acceptance of all deliverabtes, equipment and the successthl operation of the system by the County, the County will pay the contractor the total amount v,'ithheld. Payment will be made within thim,' (30) days upon approval of work and materials and receipt of a proper invoice anti in compliance with Section 218.70. Fla. Stats., otherwise known as the "Florida Prompt Payment Act" PROGRESS PAYMENTS: Contractor's first monthly Application for payment shall be based on the Schedule of Values shown in Exhibit A. The Contractor's request for payment shall be made on the Form of' Contract Application for Payment (Exhibit B) and accompanied by a Release and Affidavit Form (Exhibit C). NOTICES: All notices l¥om the County to the Contractor shall be deemed duly served it' mailed by registered or certified mail to tile Contractor at the follov,'ing address 13 I,arry J. Finn Eric'sons 30¢) W Memorial Drive [)alias. GA 30132 770-505-6003 All notices from tile Contractor to the County shall be deemco duly served it' mailed by registered or certified mail to the County at the following address: ('oilier Count,,' Government Complex Purchasing Department 3301 East Tamiami Trail General Services Building Naples. Florida 34112 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing PAYMENT !IONI): In lieu of the Contractor providing a Payment Bond. Contractor agrees that the County shall make direct payment to the Contractor's equipment suppliers hereunder. not to exceed the amounts for components described on Fxhibit A hereof AGREEM ENT TIM E: Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Project Manager. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk ofthe Contractor. The Work shall be substantially completed within ninety (90) calendar days from the C'ommencement Date. The date offsubstantial completion ofthe Work (or designated portions thereof) is the date certified by the Project Manager when construction is sutT~ciently complete, so the County can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended as indicated on the Certificate of Substantial Completion (Exhibit D). The work 101 168 shall reach final completion and be ready for final acceptance by the County v, ithin one hundred twenty (120) calendar days from the Commencement Date (herein "Agreement Time"). Upon final completion, the Final Payment Checklist (Exhibit E) shall be issued by the Project Manager to the Contractor. WARRANTY: Contractor shall warranty all equipment against det~:cts in material and workmanship for a period of one {'1) year. The one (1) year maintenance contract requirement covers tile operational aspects of the entire system The Contractor shall be responsible lbr the cost of' attenuation of noise produced by the system in excess of 5~ decibels on the audible scale at a distance greater than 1000 feet From the landtill property line. MAINTENANCE. Contractor sirall provide maintenance for a one (I) ~,ear period. to include all transportation costs [br Contractor personnel, parts and labor, nnd ,'m', other costs reqt,ired to mainthin the system in one ht,ndred percent (100%) correct operating condition. 1 I. I.ITF. RATi;IIE. The Contractor shall thrnish the lbllowing to the A. Two (2) Operator Manuals B Two (2) Repair Manuals C. Two (2) Parts *lanuals 12. SOIq'WARE: Tile "Software Package" furnished by the Contractor to run the Energy Saving Control system shall include the source code and all future upgrades 13. NO PARTNERSIIIP: Nothing herein contained shall create or be c~mstn~ed as creating a pnrtnership between the Cot, nty nnd tile Contractor or to constitute the Contractor as an agent of the County 14z PERMITS !,.ICENSES, TAXES: !n compliance with Section 218.80, F.S. all permits necessnry for the prosect, tion of the Work shall be obtained by the Contractor. Payment for all st,ch permits isst,ed by the County shall be processed internally by tire County. All non- County permits necessary for tire prosecution of tile Work shall be procured and paid for bv the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on tire Contractor. In addition. the Contractor shall comply with all n. des. regulations and laws of Collier County, the State of Florida, or the U.S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed bv the Contractor. Florida Department of Environmental Protection Permits will be tire responsibility of the County 15. NO IMPROPER USE: The Contractor will not use. nor suffer or permit any person to use in any manner whatsoever. County Facilities for nny improper, immoral or ofTensire purpose. or ['or any purpose in violation of any t~deral. state, county or municipal ordinance, rule, order or regulation. or of any governmental rule or regulation now in et~'ect or hereafter 13 16B enacted or adopted In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of tile Contractor to be objectionable or improper, the County shall have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation. conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 16. TERMINATION: Should the Contractor be found to have failed to perthtin his ser~'iccs in a manner satisfactory to tile County and requirements of this Agreement. the County may terminate said Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 17. NO DISCRIMINATION: The Contractor agrees that there shall bc race, sex. color, creed or national origin. 18. INSURANCE: The Contractor shall provide insurance as tbllows: Commercial General Liability: Coverage shall have minimum limits ot' 51.000,000 Per Occurrence. Combined Single Limit For Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; In&pendent contractors; Products and Completed Operations and Contractual Liability. Be lh]siness Auto !,iabilit~2: Coverage shall have minimum limits of $1.000,000 Per Occurrence. Combined Single Limit for Bodily Injury Liability and Property Damage Liability This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation' Insurance covering all employees meeting Statutory' l,imits in compliance with the applicable state and Federal lav.,s. The coverage must include Employers' Liability with a minimun~ limit ~,~' each accident. Sp_e_cj,3LR_.e_quirements: Collier County shall be listed as tile Certificate Holder and included as an Additional Insured on both the Comprehensive General Liability and Business Auto Liability Policies. Current. valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement Renewal certificates shall be sent to the County 30 davs prior to any expiration date There shall be a 30 day notification to the County in tile event of cancellation or modification of any stipulated insurance coverage. 4 13 19. 20. 21. 22. 23. 24. 25. Contractor shall insure that all subcontractors comply with the samo insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. INDEMNIFICATION: The Contractor, in consideration of One Itundrcd Dollars ($100.00). the receipt and sufliciency of which is accepted through the signing of' this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions. including attorney's fees and all costs of litigation anti judgments off any nanre and description arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against tire County by any employee of the named Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them. The Contractor's obligation under this provision sirall not be limited in any way by the agreed upon agreement price as shown in this Agreement or the Contractor's limit of, or lack of, sufficient insurance protection. The first One thmdred Dollars ($100 00) of money received on tile agreement price is considered as payment of tiffs obligation by the County 'l'his section does not pertain to any incident arising from tire sole negligence of Collier County. Tills AGREEMENT shall be administered on behalf of the County by tire Solid Waste Department. COMPONENT PARTS OF Tills AGREEMENT: This Agreement consists of attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Insurance Certificate(s) and Exhibits A through F. SUII.1ECT TO AI'PRO!'iHATION. It is lhrthcr understood anti agreed. bv and between the parties herein that this Agreement is subject to appropriation bv the Board of County Commissioners. ,MODIFICATION. No modification or change to the agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it NO WAIVER. The failure of the County to entbrce at any time or for any period of tinre an,,' one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver off any such provision or provisions or off its right thereafter to enforce each and eve~' such provision. ENTIRE AGREEMENT. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the \Vork contemplated, and no other agreement or understanding of any natt, e concerning the same has been entered into or will be recognized. and that all negotiations. acts. work peribrined. or 5 13 payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. SEVERABILITY. Should any provision of'the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof, CItANGE ORDER AUTIIORIZATION. The Project Manager shall have the authority on behalf of the County to execute all change orders to the Agreement to the extent provided for under the County's Pvrchasing Policy and accompanying Administrative Procedures and as exhibited on the Change Order form attached hereto as Exhibit F. 28. 29. GOVERN1NC~ i,AW: 'FNs Agreement shall be interpreted under and its performance governed by tile laws of tile State of' Florida, Any disputes of this Agreement shall be governed by the Courts of Collier County. Florida. VENI)OR PERF¢)RMAN~I,IIATION. Collier County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end. the Contractor will be evaluated on its performance upon completion/termination of this Agreement. YEA R 2000 COM PLIANCE. Collier County requires all vendors doing business with the County to be Year 2000 compliant. Contractor shall take all necessary and appropriate steps to proactively ensure that all technologies, systems, eqt.ipment and processes critical to the Contractor's ability to provide required products/services to the County will be.able to function properly as of January 1, 2000. 31. BUY BACK PROVISION. If. after a twelve (12) month period following tile acceptance of the system, said system fails to control odor generated from Phase Ill of Cell 6, the Contractor agrees to buy back the system at sixty percent (60%) of the original purchase price of $248,880. Failure of said system to control odor will be determined solely by tile County based on events of odors generated from Phase III Cell 6 and detected outside the total landfill site boundnry. The Contractor will buy the system back within two hundred seventy (270) days of notice by the County. The system will remain the property of the County until payment is made. The Contractor will have ninety (90) days to remove the system after pnyment. IN WITNESS WI1EREOF, the Contractor and the County, have each, respectively, by a authorized person or agent, hereunder set their hands and seals on the date and year first above written. 6 ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIEi~ COU~.NTY, FLORIDA "'~.,. -'" (Seal)  ~e/l~rint Witnes~ Name TypePrint Witness Name Approved as to form and legal suPficien~ Robert Zachary Assistant County Attorney l".ric'son.5, /7 [ /'...,//" Cont rat:t or// - re Typed Signature Title CORPORATE SEAL (Corporations Only) · 7 EX!IIBIT~ S tIED LE F VA S 1,6B One (i) Energy Saving Control System Software Four (4) 100 hp Wind Machines One (1) 100 hp Virtual Chimney Eight (8) I0 hp Mariah Fans One (1) System Engineering One (1) Installation, Start-up and Testing Five (5) i00 hp Starters and Disconnects Eight (8) 10 hp Starters and Disconnects 20% Off'ice Fee $10.000.00 each $20,000.00 each $30,000.00 each $5,000.00 each $10,000.00 each $25,00000 each $2,000.00 each $300.00 each $4 !,480.00 each 8 EX!ilBIT B FORM [..Q.i~ONTRACT APPLICATION FOR PAYM'ENT (County Project Manager) __(County Department) Project No. Collier County Board of County Commissioners (the OWNER) Application Date FROM (Contractor's Representative)Payment Application No. (Contractor's Name) for Work accomplished (Contractor's Address)the Date RE: (Project Name) Original Contract Time: Revised Contract Time: Original Contract Amount: $ Total Change Orders to Date Revised Contract Amount Total value of Work Completed and stored to Date $ completed to Date % Total carned [,ess Retainage $ Percent Contract Less previous payment (s) $ Time completed to Date .........% AMOUNT DUE 'H-IlS APPLICATION: ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered I through inclusive; (2) title to all materials and equipment incorporated in said \Vork or otherv,'ise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens. claims, security interests and encumbrances (except such as covered bv Bond acceptable to OWNER): (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: 9 '1.6 B"I3 By CONTRACTOR: (Contractor's Name) (Signature) DATE: ...... (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: ~(signature) DATE: (Type Name and Title) lO COUNTY OF COLLIER ) STATE OF FLORIDA ) EXilIBIT C RE E D AFFI VI FQR.~M Before me. the undersigned authority. personally appeared who after being duly sworn, deposes and says: (I) In accordance with Ihc Contract Documenls and in consideration of $ paid. ("Contractor") releases and waives for ilself and it's subeontractors. matcrialqncn. successors and assigns. all claims demands. da,nagcs. costs anti expenses, whether in contract or in tort, against the Board of Counly Commissioners of Collier County. Florida. relating in any way to the performance of the Agree,neat bctv,'ccn Contractor and O~vncr. dalcd . [ 999 for t},:c period from to (2) Contractor ccrlifics for itself and its subeonlmctors. material-men. successors and assigns. that all charges for labor. materials. supplies. lands, licenses and other expenses for which Owner might be sued or for v/hich a lien or a demand against an.,,' payment bond might be filed. have been fidly satisfied and paid. (3) Contractor agrccs to indemnify, defend and save hannlcss Owner from all demands or suits. actions. claims of liens or other charges filed or ~sertcd against the Owner arising out of tile performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is givcn in conncclion ,a'ith Contractor's [monthly/final{ Application for Payment No. CONTRACTOR President Witnesses BY: ITS: DATE: STATE OF COUNTY OF The foregoing instrument was acknov;Icdgcd before mc Illis 1999, by_ . as day of of [Corporate Seal{ corporation. on behalf of thc corporation. He/she is personally known to me or has produced identif, c~tion and did (did not) take an oath. My Commission Expircs: (AFFIX OFFICIAL SEAL) (Signature of NolaD') NAME: (Legibly Printed) Nora .ry Public. Stale of Commissioner No.: 13 12 EXIIIBIT D CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. PROJECT: ENGINEER'S Project No. CONTRACTOR Contract For Contract Date This Certificate ot'Substanfial completion applies to all Work under the Contrac~ documents or to the following specified parts thereof: To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTKACTOI~. AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of'items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility o[' CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of' Substantial Completion EJCDCNO. 1910-8-D (1993Edition) Prepared by the Engineers Joint Contract documents Cotnmittc¢ and cndor.~d by The Associated ~ieneral contractors o~' America. Reprinl~'d 5~8.~ 168 The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. CONTRACTOR accepts this Certificate of Substantial Completion on 199__ By: CONTRACTOR Type Name and Title OWNER accepts this Certificate of Substantial Completion on 1999 OxAq~ER By: Type Name and Title i4 .EX!ilBIT g. FINAL PAYMENT CIIECKLIST Project No.: Contractor: Date: ~, 2,000 The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount' Commencement Date: Substantial Completion Time: Final Completion Time: Calendar Days, Calendar Days. YES NO All Punch List items completed on Warranties and Guarantees assigned to County (attach to this form). Effective date of General one year warranty from Contractor is: 10. 11. 12. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form), Record drawings obtained and dated: County personnel trained on system and equipment operation. Certificate of Occupancy No.: issued on (attach to this form), Certificate of Substantial Completion issued on Final Payment Application and Affidavits received from Contractor on: Consent of Surety received on Operating Department personnel notified project is in operating phase, Other: Ifany ofthe above are not applicable, indicate by N/A. If NO is checked for any ofthe above, attach explanation. 15 : Acknowledgments: By Contractor: ;: By Owner: (Company Name) _ (Signature) (Typed Name & Title) (Department Name) (Signature) (Name & Title) CHANGEORDERNO. EXHIBIT F CilANGE ORDER CONTRACT NO. lSB 13 DATE: PROJECT NAME: PROJECT NO.: Under our AGREEMENT dated You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: FOR THE (Additive) (Deductive) Sum of: Original Agreement Amount Sum of Previous Changes This Change Order (Add) (Deduct)$ Present Agreement Amount The time for completion shall be (increased/decreased) by .~ calendar days due to this Change Order. Accordingly, the Contract Time is now (___) calendar days. The substantial completion date is and the final completion date is Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if an.,,', :to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: , 1999 CONTRACTOR: OWNER: 17 By: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: 16C 2 AGREEMENI. FOR SALE AND PURCHASE THIS AGRE~.MENT is made arfd entered into by and between William A, Donovan and Patricia Anrmr"Granados (f/k/a Patricia Anne Donovan), whose mailing address is 2664 Airport Road South, Naples, Florida 34112, (hereinafter referred to as "Seller"), and Collier County, a political subdivision of the State of Florida, whose address is 3301 Tamiami Trail East, Naples, Florida 34112, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that cedain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described as follows: The Southwest 1/4 of the Southeast 1/4 of the Northwest 1/4 of the Southwest 1/4 of the Southwest 1/4 of Section 30, Township 48 South, Range 26 East, Collier County, Florida, excepting therefrom, the South 30 feot and the West 30 feot, as recorded in Official Record Book 2316, Page 3500 of the Public Records of Collier County, Florida. (Folio//00198960007/Tax Parcel 54) AND The South 1/2 of the Southwest 1/4 of the Southwest 1/4 of the Nodhwest 1/4, less and excopting the West 30 feet and the South 30 feet; AND the South 1/2 of the Nodheast 1/4 of the Southwest 1/4 of the Southwest 1/4 of the Northwest 114, being situate and lying in Section 30, Township 48 South, Range 26 East, Collier County, Florida, as recorded in Official Record Book 376, Page 573 of the Public Records of Collier County, Florida. (Folio #00198640000/Tax Parcel 46) WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described above. The purchase of Tax Parcel 46 is contingent upon the purchase of Tax Parcel 54 and visa versa. 2.01 The purchase price (the "Purchase Price") for the Property shall be TWELVE THOUSAND AND SIX HUNDRED AND NO/100 DOLLARS ($12,600) for Tax Parcel 54 and ONE HUNDRED SEVENTY SEVEN THOUSAND FIVE HUNDRED EIGHTY FIVE AND NO/100 DOLLARS ($177,585) for Tax Parcel 46, for a total Purchase Price of ONE HUNDRED NINETY THOUSAND ONE HUNDRED EIGHTY FI~c AND NOII00 r~r~,,^c~ · o~ ........... (,,100,1,,,,), ('d.S. Currency) payable at time of closing. 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before ninety (90) days following execution of this Agreement by the Purchaser unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3,011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law, Prior to Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3.0112 Combined Purchaser-SelLer closing statement. 3,0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwritor in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.0115 A Quitclaim Deed in favor of Purchaser conveying any interest to that property described as: The West 30 feet and the South 30 feet of the South 1/2 of the Southwest 1/4 of the Southwest 1/4 of the Northwest 1/4, being situate and lying in Section 30, Township 48 South, Range 26 East, Collier County, Florida. 3.0116 Voluntary Dismissal of the action entitled Patricia A. Granados and William A. Donovan, Plaintiffs, rs. John N. Brugger, Trustee, Defendant, Case No. 99-3445-CA, and Release of the Lis Pendens filed on October 22, 1999 recorded in Official Records Book 2604, Page 1481. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.012t A negotiable instrument (County Warrant)in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Properly has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subiect to adjustment for prorations as hereinafter set fodh. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property including the recording of the Quit Claim Deed and Dismissal, and Release, as referenced in Paragraph 3.011. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitments shall be paid by Purchaser. 3.03 Purchaser shall pay for the cost of recording the Warranty Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specif'~ed within this Adicle, Purchaser and/or Seller, as the case may be. shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, issued by Attorneys' Title Insurance Fund, Inc. or Chicago Title, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4,012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notif'~cation of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to conv6y good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objecticn; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. Seller agrees to furnish any existing surveys of the Property, if any, to Purchaser within thirty (30) days of execution of this Agreement. 5.01 Purchaser shall have ninety (90) days from the date of this Agreement (Appraisal Period), to obtain the required appraisal(s) in order to determine the value of the Property pursuant to the requirements of Florida Statutes 125.355. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of the independent appraisal(s), Purchaser shall deliver to the Seller within thirty (30) days from the expiration of the Appraisal Pedod, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein, it shall be deemed that the Purchaser is satisfied with the results of its investigation and the contingencies of this Adicle V shall be deemed waived. In the event Purchaser elects to terminate lhis Agreement copies of the appraisal reports shall be furnished to the Seller. 5.03 Seller acknowledges that if the agreed Purchase Price stated in Paragraph 2.01 exceeds the average of two (2) independent appraisals, if obtained, the Purchaser is required to approve the purchase by an extraordinary vote. If such vote is not obtained, then this Agreement shall terminate and the parties shall bear their own costs. 6.01 Purchaser shall have ninety (90) days from the date of this Agreement, ("inspection Period"), to determine through appropriate invostigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Properly. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended purpose. 6.02 If Purchaser is not satisfied, for any reason whatsoever, with the resutts of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this ArtMe VI shall be deemed waived. In the event Purchaser elects Io terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Properly. 6.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation, Purchaser shall, in performing such tests, use due care and shall indemnify Seller on account of any loss or damages occasioned thereby and ,against any claim made against Seller as a result of Purchaser's entry. Seller shall be notified by Purchaser no less than twenty four (24) hours prior to said inspection of the Property. 7.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. 8.01 Purchaser shall be entitled to full possession of the Property at Closing. 9.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 1998 taxes, and shall be paid by Seller. 10.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notif'~cation of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 10.02 If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon one percent (1%) of the purchase price shall be paid to Seller as liquidated damages which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other except as set forth in paragraph 12.01 hereof. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default are uncertain in amount and difficult to ascertain, and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties, and said sum was not intended to be a penalty in nature. 10.03 Should any litigation or other action be commenced between the parties concerning the Property or this Agreement, the party prevailing in such litigation or other action shall be entitled, in addition to such relief as may be granted, to a reasonable sum for its attorney's fees, paralegal charges and all fees and costs for appellate proceedings in such litigation or other action; which sum may be determined by the court or in a separate action brought for that purpose. 10.04 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of each of the parties. 11.01 Seller and Purchaser represent and warrant the following: 11.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undedake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 11.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 11.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Properly shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 11.014 Setler represents that it has no knowledge of any actions, suits, claims, proceedings. litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 11.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 11.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 11.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or ~nquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are or were located on the Properly at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 11.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 11.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Propedy. 11,020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 11.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Properly to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Properly and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third padies or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 11.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 11,023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asseded against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U,S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 11,024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense, 12.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Real Property Management Department Administration Building 3301 Tamiami Trail East Naples, Florida 34112 With a copy to: Heidi F. Ashton Assistant County Attorney Office of the County Attorney Administration Building 3301 Tamiami Trail East Naples, Florida 34112 If to Seller: Mr. William Donovan and Ms. Patricia Granados 2664 Airport Road South Naples, Florida 34112 12.02 The addressees and addresses for the purpose of this Article may be changed by either pady by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. 13.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. 14.01 This Agreement may be executed in any manner of counterpads which together shall constitute the agreement of the padies. 14.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is oxecuted by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 14.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 14.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scopo or intent of this Agreemont or any provisions horoof. 14.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 14.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the pady against whom it is asseded, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 14.07' If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 14.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 14.09 If the Seller holds the Properly in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Properly held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 14.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. 15.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the padies hereto set forth their hands seals. Dated Project/Acquisition Approved by BCC:~ ATTEST: DWIGHT E. BROCK, Clerk ~. DATED: ~'. ..../4~ITNESSES: ~:: "'---- (Signature) (Printed Name) (Signature) (Printed Name) BOARD OF COUNTY COMMISSIONERS co..,.. Pamela S. Mac'Kie, Chairwoman I Wii'liam A, Donevan" '~ WITNESSES: (Printed Namel Approved as to form and legal sufficiency: :'i! .' ~--- Heidi F. Ashton Assistant County Attorney ( Patricia Anne Granados (f/Ida Patricia Anne Donevan) BF, TWEEN I)ATA RESEARCII ASSOCIATES, INC. AND COI,I,IEI{ COUNTY BOARI) OF COUNTY COMMISSIONER.~ ~:'~:WItEREAS. DATA RESEAP, C!I ASSOCIATES. INC. C'DRA") and COLLIER COUNTY BOARD OF COUN'I'Y ("Custom~r"~ are panics to an Agreement for the purchase of an automated libraD s~ s~cm dated June 9. 1992. as amended. ("Agrecmcnt"l and Agreement for Softssate Support, Maintenance and I 'pdate Scrx tee. dated June 1992. as amended ("Support Agreement"): and DRA has completed its obligations under the Agreement; and WJII~REAS Customer desire% 1o upgrade ils s)stem with the purchase of additmnal cqmpmcnt. under the term:; and ipccificd herein; 'IIERE[:ORE, in connidcrafion of {he mutual corenasis herein. and for other good and valuable consideration, the parties hereby agree to the fi)llowing additions to the Agreement: Customer shall purchase from DRA. Ihe additional products at the prices set fo~h on Appendix A. attached and incorporated herein. Customer shall pa) DRA fi~r said additional products within thirty (3(}) days l'olhm, mg dclixcrx and receipt of an invoice therefor. Cuslomer shall pay DRA lbr miscellancm~s expenses and serx ices ~vithm tiefly (30J days o£receipt of an invoice theretim The hardu. are listed Appendix A is warranted against defects in 's,.'ork,nanslnp and materials in accordance provisions staled in Appendix A. DRA's sole rc,,ponsibility tintier this ,,.,'arrant) shall be to either repair or replace, at tt.~ opl~on, the allegeall defective produel. EXCEI'T AS I'ROVIDED lIEREIN. I)RA MAKES NO OTIIER WARRANTIES. EXI'RESS OR 1311'I,IEI), AS T() ANY MA~I'ER WIIATSOEVER. INCLUDING, WFFIIOUT 1,1311TATION. TIlE CONDIT!(}N (}F TIlE PRODUCT(S), TIIEIR MERCIIANTABII,ITY OR FITNESS FOR ANY ~ PARTICULAR I'UR!'OSE. DRA agrees to the transfer of the Applications SoRware licenses for the pr~ucts kno~n as MAR. CIR, !'At, ACQ, SER, PII-NOT, I'}i-REN, OBC-LICENSE, DRAI, (8)NETWRK-MAN(;. ()RBIX and Web2 l?om Cu,lomer's VAX 4300 pr(Kessor. to an A[phaSe~'er II00 5/~33 processor, for use by Customer pursuant to the provisions of the Agreement and the provisions stated herein. in consideration for pa)ment of the license l~es stated in Appendix A. Customer agrees that upon transfer of the Applicatmns Software to the AlplmNerver I ~{10 5/533 processor. that Ihe AlphaSe~'er 1200 5/533 prncessor shall be die only processor licensed to use the Applications Soilware. and Customer shall certify that all copies of the soilsyarc on the original VAX processor haxc been destrosod. The license fees stated itcrein are conditioned upon Cuslomer's use of the Applications So['h~are on no more Ihan one hnndred and ten (ll0) simultaneous sessions. In the event that Customer desires to use the Applications .qofiware on more than one hundred and ten {110~l simultaneous sessions. Cnslomer shall provide written notice IO [)RA o['such rotont. It1 such event. DRA may charge Custnmer additiomd licerise fees Customer ties;res to purchase additional software licenses ("New Software") liar tile license fees stated in Appendix A attached hereto and incorporated hcrein. Customer agrees to pay the license l'ces within thirty days following receipt of the New Software and an invoicc therefor. I.-~xcept as otherwise st:ned herein. the Applic:~tions Software license purchased herein is subject to the same license terms and conditions as set forth in the Agreement between tile parlies concerning other DRA Applications Sollw:sre modules. Pagel The panics acknowledge that Customer has previously purchased from DRA. a license tbr the Report Writer software module provided by Ross Systems. Inc~; and CtlSi6m~' d~e;~ t0~'ccase using [his version of tile Re Writer software module. and instead license use of th¢"Report ~|t? product marketed by !)RA. produced Interactive Software Systems. inc. called "UDMS Report Writer". Customer is hereby granted a nontransferable. nonexclusive limit~i' license to use the [:DN1S Report XXritcr software module on Customer's AlphaServer [200 $/533 proccssor~ with a maxm~um of one hundred anti ten (I 10) Simultaneous Sessions. Customer and DRA agree that the AlphaServer 1200 51533 processor shall be the~ only processor licensed to run the UDMS Report Writer software module. and that this softx~are module is subject the same intellectual property prolection and confidentiality requirements as set forth concerning DRA Applications Software in the Agreement between the parties. Maintenance and support services for the UDMS Report Writer module will be provided by DP, A under the provisions of the Support Agreement. in lieu of support for the Ross Report Writer. Customer acknowledges and" agrees that beginning ninety (90) days following installation of the UDMS Report Writer softxvare module. any use by Customer of the Ross Report Writer software module will nol be supported by DRA under the Suppoe1 Agreement. The parties agree that Ihc Support Agreement shall bc amended to include the maintenance l~cs stated in Appendix A rot the DRA Applications Software. in lieu of those fees currently being paid for those products. such fees to be pa)'ab{e beginning Ihirty (30) days f'ol]owing leansfee of Ihe software to the A lphaSer,, er 1200 $/S.33 processor. Monthly maintenance fees Ibr the New Sot~,,varc will apply beginning ninety (o0) days following installation of those produc{s. l'h¢ prov,sions of tt~is Agreement may only be modified in v,r,ung. and representative of DRA and a representative of Customer authorized to execute legally binding agreements on each'. F. xccpt as hereinabove amended. the Agreements between the parlies are unchanged. and remain m full force and effect Dated thisbe.day or ~ ~m~: 19S8 ; .......... ::. ,~., '(~s to Cl~a'irman) ht I-.. Brock, Clerk Attest as to Chalr' an' Legal sufficiency: Assistan County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA. A POLITICAl. SUBDIVISION OF TIlE STATE OF)FI.ORIIiA I)ATA RE.~EARC!! ANSOC'IATES. INC. Witness , Witnes (CORPORATE SEA I,) Page 2., DILk OUOTATION QTE99016821 ~m~nrcd for: County l'ublic Library to ALPHA 1200 Upgrade Data Research Associates, Inc. Price Quotation 16 October i. 1999 Hardware I DRA Classic AlphaServer 1200 5/533 Upgrade Suhtotal llardwttre Multinet Downgrade or Lateral Transfer to Alpha PSC Multinet Medi,qDocumcntation on CD-ROM DRA Multinct Monthly Standard Maintenance - Wrkgrp UDMS Report Writer Soffware ~I:L.~ DRA UDMS Documentation - VMS Version Iona Orbix Administrators Guide DRA Classic Alpha WI:,II2 I)ocumcntation Kit DRA Transfer of DRA Software License DRA Cataloging Software License for 110 Users DRA Circulation Software License for I l0 Users DRA Public Access .';,ol't~ are I,iccnse tbr I10 Users DRA Acquisitions Software I,iccnse lbr 110 IJscrs DRA Serials Software l,icense for 110 Users ):18:17AM I. Init Pr k'e 39.962.00 250.00 125.00 0.00 0,00 200.00 22.00 55.00 0.00 0.00 0.00 0.(}0 0.o0 o.oo It'll rch ase Price 39.962.00 39.962.00 250.O0 125,00 0.00 0.00 200.00 22.00 55.00 0.00 0.00 0.00 0.00 0.00 0.00 Monthly Maintenance 219.00 219.00 35.00 359.00 307.00 230,00 230.00 230.00 I DIL'~ OUOTATION .... QTE99016921 16C October i. 1999 Telephone Notice Software Licenseff110 Users )hone Renewal Software Licensell 10 Users DRA Offline Circulation Backup Software l.icensc DRA Z39.50 Client/Server Softx~are l.ic.1110 Users Iona Orbix Server License DRA Web2 Softwnre I..icense for II0 Users Report Writer Software I.iccnse for l I0 Users Subtotal Software Un it l'u rch nse Price Price 0.00 0.00 0.00 0.00 000 ¢)J)O 0.00 o.oo o.oo o.o(} o.oo 0.00 0.00 652.O0 Monthly Maintenance 37.00 27.00 5,00 480.00 63.00 250.00 2.253.00 DRA Services !q~;'~'r. DRA CUStOm Sofraarc C'onfigur:~tion Fee DRA Installation/Configuration of WEB2 Sofiv, are DRA Network Monitoring Sen'ices Setup Subtotal DRA Services 3. 000.00 3.0{}0.00 750.00 750.00 0.00 0.00 3.750.0O 400.00 400.00 Subtotal: S4.1.364.00 $2.872.00 Totah S44,364.00 This price quotation is subject to DRA Go.era Terms and Conditions. RUN-TIME IABRARY USE LICENSE A(;II.I EMi;:NT Tills AGRF, EM!~NI'. is made and e, tered into this ~'k'liday of __~1:~9.~ ....... . I~_~--'~. by and between DATA P, ESEARCII ASSOCIATES. INC.. a Missouri Corporation. with principal offices at 1276 Noah Watson Road. St, Louis. Missouri 63132 ("DRA") and COLLIER COUNTY BOAIll) OF COUNTY COMMISSIONERS, located at 650 Central Avenue. Naples, Florida 33940 ("Customer"}. W!IEREAS. Customer has been granted a license to use library automation sotbYare ("l.icensed Applications Software") from DRA pursuant to that certain Agreement dated .June 9 I, 992: and W!IF. REAS, Customer has been granted a license for the use of certain third party software products ("Report Generator") m conjunction with the Licensed Applications Software pursuant to a software license agreement of even-date herewith: NOW. TIIEREFORE, for and in consideration of the mutual promises made by each party to the other. and other good and valuable consideration, the receipt and $utTlciency of which is hereby acknowledged. the parties enter into this Agreement concerning use of any proprietary property, including, but not limited to source code products, run- time libraries and/or documentation which may become available to Customer for use of the Report Generator in conjunction with the DRA Licensed Applications Software. under the following terms and conditions: I. Sc_.~_~e_. Except as provided for herein, this Agreement in no way modifies the respective responsibilities of Custolncr. DRA. or any third party licensor under the above-referenced Agreements, Use of source code products. including run-time library and documentation under the provis{ons of this Agreement is in addition to the licensing provisions of the above-referenced Agreements, which shall remain in fi~{l force and effect. · 7. Pro=.rieta .Pro :err-._ Use by Customer of the Repor~ Generator and documentation in conjunction with the DRA Licensed Applications Software, may provide Customer with access to file layouts, processes, routines and source code products which are proprietary property and trade secrets of DRA, Customer acknowledges that the documentation. storage compilation. formats, layouts, processes. routines and source code products. constitute proprietary property and trade secret information of DRA. and arc protected b) 'federal copyright law and are subject to the license provisions of the original license agreements. Customer agrees that in the event such proprietatT information becomes available to them through the use of the [icensed software products and/or documentation, that such information ',,,ill only be used in accordance with the license provisions and confidentiality provisions herein. 3. De~tion of Source Code. Source code products may include text files used by the MACRO. BASIC, C or other language compilers to produce object modules for linkage into applications programs. The source code tape may contain source code, batch files for compiling and linking software, and any documentation available in machine-readable form to assist in compiling and linking the code. Customer acknowledges that compilation and linking the source code require compilers not supplied to Customer as par~ of this Agreement but which are available at extra cost from DRA or the manu~'acturer, Customer acknowledges that compilation, linking, editing, and/or modifying the source code will require technical expertise in using the operating system, relevant compilers, and software. and that DRA is under no obligation to assist or supply such expertise. Run-Time Library includes prewrittcn, commonly-used routines to perform specific report preparation. writing, and supporting tasks, Source code products may also include description files which contain detailed file layouts and contents. Customer acknowledges that the use of the description files in conjunction with additional software modules available from a third party licensor, may result in data file modification and/or generate support issues requiring expertise, for which DRA is under no obliga.on to assist or supply such expertise. RUN-TIME LIBRARY USE LICENSE AGREEMENT Page I 16 Confidentiality_.: Customer agrees that, irrespective of the reason for its use of the source code products. such source code products are strictly confidential and may be disclosed only to agents and employees of Customer, who shall be advised of these provisions, and who shall agree 1o execute nondisclosure agreements. if requested. Customer agrees that the source code products and all modifications and changes to the source code products, are the proprietary proper~y or DRA, and Customer may not sell, ~sign, lease, or othc~ise provide said source code products or any pan thereof. or any programs compiled. process or routines using any pan orsaid source code produels. or any knowledge gained from the use of ~e source code pr~ucls, to any other person or entity, regardless of modification. x~i~hout the express wriuen consent or DRA, its successors and assigns. Customer covenants not to reverse engineer or otherwise recreate the form of expression or underlying ideas. (collectively "Recreate") contained in any portion of the DRA Licensed Applications Software or source code products, nor permit others to do so, Termination. Customer acknowledges and agrees that violation by Customer, its agcnts or employees, of any of the licensing terms contained in this Agreement or in any other agreement between the parties, shall constitute default. and shall entitle DRA the right to immediately repossess all copies of the source code tapes. software, documentation, and any modifications thereof, and to rescind all software licenses granted to Customer, in addition to all other legal and equitable remedies provided by law. DRA shall also have the right to terminate this agreement in the event that Customer fails to maintain in effect a valid Agreement for Software Support, Maintenance and Update Service. 6. Disclaimer and Limitation of Liabilily_: CUSTOMER ACKNOWLEDGES TItAT IN TIlE CALCULATION OF STORAGE REQUIREMENTS UNDER OTtlER AGREEMENTS BETWEEN TIIE PARTIES, DRA llAS NOT INCLUDED TItE SPACE REQUIRED FOR TIIE PRODUCTS LICENSED lIEREIN. TllEREFORE, Tills SOFTWARE MUST BE NON- OPERATIONAL DURING ANY CONTRACTUAL PERFORMANCE TESTS. AND MAY NOF BE CONSIDERED IN ANY MEMORY OR DISK SPACE WARRANTY CLAIMS UNDER ANY OTIIER AGREEMENTS BETWEEN TIlE PARTIES. EXCEPT AS PROVIDED ttEREIN, DRA MAKES NO OTItER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY MATTER W!tATSOEVER, INCLUDING, WIT!tOUT LIMITATION, TIIE CONDITION OF Tile PRODUCT(S), TItEIR MERCItANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. CUSTOMER St!ALL 11AVE TIlE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION OF ITS DATA USED IN CONNECTION WITH TriP- PRODUCTS. CUSTOMER'S RIGttT TO RECOVER DAMAGES CAUSED BY DRA'S FAULT OR NEGLIGENCE SItALL BE LIMITED TO TEN TtlOUSAND DOLLARS (Sl0,000.00). DRA WILL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM LOSS OF PROFITS, USE OF PRODUCTS OR FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF TIlE POSSIBILITY OF SUCI! DAMAGE. THIS LIMITATION OF LIABILITY WILL APPI.Y REGARDI.ESS OF TIlE FORM OF ACTION, WIlETIlER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE. 7. Notices. Any notices required or permitted under this Agreement shall be in writing and delivered in person, by facsimile. overnight express, or by registered or certified mail, return receipt requested, with proper postage prepaid, and properly addressed as set forth below or as shall be hereafter changed by written notice. Notice shall be effective upon delivery. Facsimile notices shall also be delivered by another means listed above, but shall still be effective upon facsimile transmission. RUN-TIME LIBRARY USE LICENSE AGREEMENT Page 2 16g 'The panics hereto affirn~ float the persons below listed are duly authorized to receive and accept such not,co: FOR DRA; Michael J, Mcllingcr. President and CEO Data Research Associates, Inc. 1276 North Warson Road St. Louis. Missouri 63 ! 32 FAX: (314) 993-$927 FOR CUSTOMER: Michael Widncr Collier Count), Public I.ibrary 650 Central Avenue Naples, Florida 339.10 FAX: Governing Law. This Agreement shall be governed by the laws of the Stale of Florida both as to interpretation and performance Except as hereinabove modified, the terms and conditions of the above-referenced Agreements and any appcndlcc.s and amendments thereto, remain in full force and effect IN WITNESS WHEREOF, the undersigned parties have executed this Agreement. in duplicate copses. each of ginal, as of the day and year first above written. ; (As to Chairman) £['Brock, Clerk e[ as to Chatr'~n's nature only. Approved as to form and Legal sufficiency: I Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF TIlE STATE ~0~. FLOR 1DA ~ ~ ~/Pamel a S. Fa~e,~i~ Nw. q, t %q/ DATA RESEARCI! ASSOCIATES. INC. B,...- .' (Michael J. bJtelllnger, President and Cy '; (CORPORATE SEAL) ,,Witness Witness RUN-TIME LIBRARY USE LICENSE AGREEMENT Page 3 ~. 7 · RESOLUTION NO. 99- 408 RESOLUTION ESTABLISIIING POLICIES AND PROCEDURES FOR INDIGENT BURIALS AND CREMATION WI I EREAS, Chapter 245, Florida Statutex, establishes criteria for the disposition of persons who expire within the confines of every county, city, village, town or municipality in Florida; and WIIEREAS, The Department of Collier County Social Services is responsible for establishing eligibility and for the authorization of payment for burial or cremation of indigent persons who expire within the confines of Collier County if the deceased is unclaimed or survivors have insufficient resources for burial or cremation: and WI IEREAS, The Board of County Commissioners has determined that a policy should be created establishing the allowable fees for such services; and NOW, TIIEREFORE, BE IT RESOLVED BY TIIE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: i. EI,IGIBILITY: Any person declared indigent, resident or non-resident, who expires within the confines of Collier County, may be eligible for county burial/cremation. Reasonable efforts will bc made to determine the financial situation of the deceased and family members. Collier County shall not authorize payment to transport a deceased to another county or state for disposition unless specifically authorized as a public purpose by the Board of County Commissioners. The body of a deceased may be transported out of the county if the body has been accepted by the State of Florida Anatomical Board for use in research and teaching. 2. PROCEDURES: a. Collier County will make a reasonable effort to gather pertinent information, including name, date of birth, Social Security number, date of death, cause of death, next of kin, financial information, veteran status, willingness of relatives to donate the body for research for education and preference for burial or cremation. In order to proceed with cremation, a family member must be willing to sign an authorization for cremation and disposition for the funeral home. 16C' b. Upgrades for caskets and/or cemetery plots, or additional funeral services will not be permitted at county expcnse. Gravcside services will only be provided upon request. c. I~' identification of the body has not been established, burial shall be delayed a minimum often (I0) days from the official date ofdeath, if identification of the body has been established and the next of kin has not been found, the body will be held for ten (10) days from the official date of death and until reasonable efforts to locate next of kin have been exhausted. d. The following procedures will be followed by all participating funeral homes for burial/cremation oflndigent deceased: 6) Burial of indigent adults shall require a minimum ora manufactured pressed board cloth covered casket and a concrete liner. (ii) (iii) (iv) (v) At the discretion of' the Funeral Director, burial of indigent decomposed bodies may require a metal sealed unit similar to the brand name Ziegler, without a casket; a concrete llner shall be required for interment. Burial orindigcnt still bom and other infants shall require a casket vault, dome sealed, fiber plastic, weather proofed casket. A concrete liner shall not be required for interment. The funeral director shall provide embalming or cremation, clothing, transportation, grave markers, and will secure all necessary legal documents. The Veteran's Service Office will be responsible for order- ing a grave marker for indigent veterans. Markers will be shipped to the Parks and Recreation Department whose staffwill be responsible for installation at the proper grave site within I $ days of. receipt. e. Burial of Collier County indigent cases shall be performed with strict adherence to the above stated procedures. If deviation from established procedure appears necessary, the appointed provider of service shall notify the Social Services Department and the department shall determine it'any deviation from the established procedure is appropriate in such case. f. The funeral home providing service for an indigent deceased shall advise the Social Services Department of the desired date and time for burial. The Social Services Department shall thereupon request from the Real Property Department provision of burial space and opening ' and closing of the grave. The Real Property Department requires forth-eight (48) hours notice for :' and closing of thc grave. The Rcal Property Department requires forth-eight (48) hours notice for thc provision of such services. The Real Property Department shall confirm burial arrangements with thc funeral home. g. After disposition o£the indigent dcccascd has been accomplished, an itcmizcd statement requesting payment shall be presented to the Social Services Department by thc funeral home that provided thc service. Collier County shall providc payment to the funeral home according to the fee schcdule in effect at thc time services were rendered, Thc current fee schedule is attached as Exhibit A and includcd herein. Payment will be approved by the Social Services Director if no irrcgularlty appears, thc bill will be scat to thc Clerk of Courts Finance This Resolution adopted this ~lt. day of.~;~t~l~llf~, 1999, after motion, second ,~ii~ .... Dcparlmcnt for payment. ~", .... and majority vote in favor ofadoption. ATTEST: ?WIGHT E. BROCK, Clerk :" .Deputy Clerk .... Att.~t as to Approved as to form and legal sufficiency: Melissa A. Vasqucz Assistant County Attorney BOARD OF COUNTY COMMIS/SIONERS OF CgLLIER COUNTY, FLORt'DA :, ~ h:publi~'Melis~u'Re~oZutiona imlistmt burial EXHIBIT A INDIGENT BURIAL/CREMATION FEE SCHEDULE Effective upon approval by the Board of County Commissioners, the fee schedule for indigent burials/cremations is as follows: ADULT BURIAL COUNTY'S RESPONSI BI I.,ITY $900.00 ADULT CREMATION INFANT BURIAL INFANT CREMATION $300.00 $500.00 $ 75.00 INDIGENT VETERAN IN RECEIPT OF $150.00 VA PLOT ALLOWANCE INDIGENT VETERAN IN RECEIPT OF $300.00 BASIC BURIAL ALLOWANCE $900.00 $600.00 VETERAN SERVICE CONNECTED BURIAL ALLOWANCE $1500. Arrange burial plot 160 ! DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF DECEMBER 28, 1999 .F__~ACI'I(~: BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE NOVEMBER 9, 1999 I. ~O : ITEM,' TO F]I,E FOR REC. ORD WITII ACTION AS DIRECTED: ~: Submitted for public record, pursuant to Florida Statutes. Chapter 136.06(I), the disbursements for the Board of County Commissioners for the period: A. October 6, 1999 - October 19. 1999 Ao I listorical/Archaeological Preservation Board - Agenda for October 15, 1999 meeting Immokalce Beautification Advisory Committee - Agenda for October 20. 1999 meeting and minutes of August 17, 1999 meeting Eo · Other: A. Hispanic Affairs Advisory Board - Minutes of August 26, 1999 meeting Environmental Advisory Council- Agenda For October 13. 1999 meeting Ochopee Fire Control District Advisory Committee- Minutes of September 13, 1999 meeting Audit of County Petty Cash and Change Funds (99-11) AGENDA Il'EM No.~ NOV 0 9 1999 Pg.. [ CLERK OF THE CIRCUIT COURT COLLIER COUNTY, FLORIDA RECEIVED OCT 2 9 1999 FINANCE & ACCOUNTING DEPARTMENT Memorandum DATE: MEMO TO: FROM: RE: 10/22/99 Sue Filson, Administrative Assistant, Board of County Commissioners Teri O'Connell, General Operations Manager ,,/' Finance DepadmentJClerk to the Board Board of County Commissioners Disbursements Please find attached a listing of the disbursements for the Board of Commissioners for the period October 6, 1999 through October 19. 1999. In accordance with Florida Statutes, Chapter 136.06(1), we would request that these reports be included as miscellaneous correspondence to the Board of County Commissioners and made pad of the record. If you have any questions regarding this matter, please telephone me at 774-8481. Thank you for your cooperation. Copies To: BCC MANUAL WARRANT LOG: Date 10/(~/1999 1010711999 1010711999 10/0711999 t0/08/1999 I0113/1999 1011 3/t 999 1011311999 1011311999 1011311999 10113/1999 1011611999 10/1911999 10/2011999 Payable To: Waste Mgt Jos. Caren Melissa Caren Alan Olhausen Mail Barcodlng Services Donna Sampes & Jeff Samples Wanda & Vlnceta Bukowski Roger C. Simmons Isadore Hawa Harold & Jane Warnock Collier Co. Tax Collector Quality Control Bullders First Union 2090000279153 Florida Department of Revenue Gulf Coast Travel Gordon R. Gerould Howard Brogdon Mel Doss &LInda Doss She pard, Brett, Stewart & Hersch Check No. 497547 498324 498325 498326 498327 498802 498803 498804 498805 498806 498807 498808 498809 499316 499317 499318 499319 499320 499321 Amount 388532.16 1036.46 273.00 273.00 10048.58 5749.00 8079.00 2100,00 1500.00 2270.00 263.83 $5259.00 98697.49 4620.32 374.50 117.00 63.00 3762.90 603094.50 Description Collections/Franchise Fee Travel Witness Reimb. Travel Witness Reimb. Travel witness Reimb. Mail Service Easement Easement Easement Easement Easement Easement Final Retalnage Workers Comp Sales Tax - Sept S. Beckwlth 10/28-10/30 Adv. Per Diem Adv. Per Diem Easement Roberts Ranch Land Purchase BCC Date PAYROLL MANUAL WARRANTS LOG Payable To: Check No. 1011411999 Erendira Gonzalez 211460 Amount Description 551.95 Reversed ACH October 4, 1099 COLLIER COUNTY GOVERNM] yI} 1999 COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION { 2800 North Hors~hoe Naples, Florida 34104 Ms. Allison Hcrrington Assistant CLG Coordinator Bureau of Historic Preservation R.A. Gray Building 500 South Bronough Street TallahaSsee. Florida 32399-02:50 RE: Collier County Preservation Board Meeting Dear Ms. Herrington: This letter is to inlbrm you that the Collier County Historic and Archaeological Preservation Board will hold a public hearing at ~ on Friday, October 15, 1999, I ~. have enclosed a copy of the agenda for your review and records. you have any questions concerning this' meetin~=';~iease do not hesitate to call me. My · ' phone number is 941-403-2463 or you can also send me an e-mail message at the following address: Raybellows(&colliergov.nct. ..... Sincerely, Bellows, Principal Planner 'Local CLG Coordinator) I listoric Pr~crvalion/RVBlrb Mo~rt$ C.rter Constanttn~ ICsc'Kte Vincent A. Cautem Suc Filson Ron Jamro Ron Nino Don Murray Preservation Board Members ~,{isc. Corr~s: Da Ie: ~ Copies To: ,403-2400 '" Fax 643-6968 www.¢o, eolller, fLus ": ' AGENDA COLLIER COUNTY HISTORICAL/ARCHAEOLOGICAL PRESERVATION BOARD WILL MEET AT 9:30 A.M., FRIDAY, OCTOBER 15, 1999, IN THE COLLIER COMMUNITY DEVELOPMENT SERVICES DIVISION, CONFERENCE "C', LOCATED AT 2800 N. HORSESHOE DRIVE, NAPLES, FLORIDA: NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VEPd3ATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH KECOI'LD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE HAPB WILL BECOME A PERMA2qENT PART OF THE RECORD. THESE MATERIALS WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS. ADDENDA TO TIlE AGENDA APPROVAL OF MINUTES: September 17, 1999 · PLANNING SERVICES DEPARTMENT REPORT: HISTORICAL AGENDA/md OLD BUSINESS: A. Roberts' Ranch Working Museum - Update B. Marco Church of God - Update C. ttumble Oil Company Commercial Oil Well D. Probability Maps - Marion Almy NEW BUSINESS: A. Olde Cypress PUD Cultural Assessment - Robert Duane DISCUSSION OF ADDENDA ADJOURN 1 Immo e ea Corem ]viceting ~f ,qugust 17, 1999 OCT 0 8 1999 ~ard of County Commissioners The Jmmokatee Beautification MSTU Advisow Committee Meeting of August 17, 1999 v~s called to order at 5~20 p.m. ROLL CALL: Members present were Denise Smith, Dorcas Howard, and Cherryle Thomas. Also present: Chuck Buckley, Commercial Land Maintenance, Robert Kindian, New Owner of Commercial Land Maintenance, Dan DeCesare, Transpodation Dept., Mike McGee, McGee & Associates, Ski Oleski, General public, and Vat Prince, Public Works Dept. Absent: Rita Avalos, member, excused for vacation. 3. MINUTES of the June 14, 1999 meeting (there was not a mee~:~n,qi~n July 1999)~ .. .~ accepted (no quorum present). '~ Constantine :' ......4. ~NDSCAPE MAINTENANCE REPORT: Rerr~ A. Ohuck BucMey ?epo~ed that ~he ~[dD~Uon problems from ~s~ momh h~ve been l~ken cam of ~nd ~H of ~he HDh1 fixtures ~[e worMrig exce¢ fo[ one on E~sl Chuck also reported that they applied some fertilizer and insecticide to the turf and planting beds. It had also been noticed that there were spider mites on some of the trees and that the pesticide would have to be reapplied. 5. LANDSCAPE ARCHITECT'S REPORT: Mike McGee reported that there was no major problems, but they might be a little behind due to the weather. However, all substantial work should be completed. It would probably be about 99% completed by the 90 days from the initial starting date. It was also reported that the MOT is responsible for posting signs to indicate hazards to pedestrians so no one would be injured or hurt and cause possible law suits. Mike stated that John Conti, Collier County Public Works Department, inspects the project either daily or weekly to make sure hazard signs are present. It was also stated that John Veleit, FDOT Naples Field Maintenance Office, can be contacted for any request of certain signs or to insure that the proper signs are posted in the proper locations. Denise would follow up with FDOT regarding the removal or repositioning of the two existing traffic signs on 29 in the section under construction. One sign was a speed limit sign and the other a directional sign to Corkscrew Swamp Sanctuary. It was mentioned that there was going to be a block party on Main Street on Friday, December 3, 1999 and it was questioned if all the construction work would be completed by then. Mike confirmed that it would be done, but the ~ t:~t~r~:that the committee should start thinking about was that they didn't have all of the street si_qr/s and he didn't know if there was money available to get them. He v~,~..'t s.~t~r~ ]mmokalee Bcaulificalion ,~l.~T~ ,'hlviscry Committee: Po~ / ....... ~ ~ ~r COCeS To: Ilttltto]~tl[ee Beatili./'tcal[Olt /ld~'isol'y Committee ......... Meetbig of Augu$l 17, 1999 was money budgeted or in a reserve account that could be used to get them right away. Mike also mentioned that the committee should find out where the signs need go or where they want them placed. And if they want banners for the party. Denise would meet with the Main Street group regarding the banners based on comments from Ski Olesky that the group was interested in financially suppoding the purchase of banners. 6. TRANSPORTATION SERVICES REPORT: A. It was reported that the vacancy position was still open and was being advertised. B. It was apologized that the budget repod was not there because they had lost there secretary, but it still looks good and they're still liquid. C. Debra Preston, of the County Planning office, should hopefully be able to repod at the next meeting about any boundary changes. D. Ed IIshner had advised if the county could redo the medium noses on CR.846, .:.: i replacing the brick with concrete. Mike and Dan will follow up with Mr. Ilshner on this. 7. PUBLIC WORKS ENGINEERING DEPARTMENT REPORT: None. 8, OLD BUSINESS: o It was reported that 47 notices/cards had been sent out to firms/vendors in the landscape field. There was a pre-bid at 2:00 p.m. on 8/10/99 and 4 firms submitted bids then. And the bid was also open at 2:30 p.m. on 8/17199 and one vendor, Commercial Land Maintenance, submitted a bid then. The committee was asked to recommend a base bid. And it was also asked if a motion could be made that they continue using Commercial Land Maintenance, who is currently the only vendor they have used and they have been very satisfied with their work. A motion was made by Cherryl and seconded - motion carried to continue using Commercial Land Maintenance. NEW BUSINESS: The original project budget for the light fixtures was $209,000 for '96-'97 to complete st th 1 Street through 13 Street. Only $100,000 was reimbursed, so there should be $109,000 that has rolled over somewhere and they should provide us with that to complete Phase III. They would like to ask the state if that money is available or where it is. Dan DeCesare would follow up with FDOT on this. Jmmokalee l~eautiftcation 3ISTU vl&.lsory Committee:/'age 2 lmmokalee Beautification Advisory Committee Meeting of August 17. 1999 0. PUBLIC COMMENTS: There were no public comments. 11. ADJOURNMENT: There being no further business, the meeting was adjourned at 6:35 p.m~ The next meeting will be held on October 20, 1999 at 5:00 p.m. at the Immokalee Community Center. lmmokalee Beautiftcali~m M.S: 1: U. AdvisoO' Uommillee Agenda for October 20, 1999 CALL TO ORDER 2. ATTENDANCE: Denise Smith, Chairman Rita Avalos, Member Cherryle Thomas, Member Dorcas Howard, Member Dan DeCesare, Transportation Services Department Val Prince, Public Works Engineering Department Mike McGee, McGee & Associates Chuck Buckley, Commercial Land Maintenance 3. APPROVAL OF MINUTES: Meeting of August 17. 1999 & June 14, 1999 4. LANDSCAPE MAINTENANCE REPORT 5. LANDSCAPE ARCHITECT'S REPORT 6. TRANSPORTATION ADMINISTRATION REPORT & BUDGET UPDATE 7. PUBLIC WORKS ENGINEERING DEPARTMENT REPORT 8. OLD BUSINESS 9. NEW BUSINESS 10. PUBLIC COMMENTS 11. ADJOURNMENT Next meeting: November 17, 1999 @ 5:00 p.m. at the Immokalee Community Center TO: FROM: DATE: RE: MEMORANDUM RECEIVED OCT 0 7 1999 ~rd of ¢ount~ Co~mlssto~rs Sue Filson, Administrative Assistant .oafd orc, Co?s o.ers RamifYAssistant County Attorney October6, 1999 ~ ~ Approved Minutes of the August 26, 1999 Illspanic Affairs Advisor)' Board Meeting Please find attached a copy or the approved minutes of' the Illspanic Affairs Advisory Board meeting for August 26, 1999. If'you have any questions, please do not hesitate to contact me. RM/kn attachment cc: Robert Fernandez, County Administrator David C. Wcigcl. County Attorney ~On~tanttn~ t~!isc. Cortes: Date: / Cop/es To: HISPANIC AFFAIRS ADVISORY BOARD MINUTES OF MEETING of August 26, 1999 at the Golden Gate Community Center, Naples, Florida 16H PRESENT: ABSENT: David Correa, HAAB Member Frank Loney, HAAB Member Dora Vidaurri, HAAB Member Fay¢ Reddick, HAAB Member Andrew J. Fox, HAAB Member Christopher Bent, HAAB Member Ramiro Mafalich, Chief Assistant County Attorney and HAAB Staff Liaison Member Pete Cade, tlAAB Member Maria Gdmaldo, HAAB Member Leo Cardona, HAAB Member Also Present: Frank Rodriguez, Citizen Victor Valdes, Editor, Las Naciones Newspaper Melinda P. Riddle, Attorney The meeting of the Illspanic Affairs Advisory Board of Collier County (HAAB) for August 26, 1999 commenced at approximately 7:05 I'.M. A quorum of six (6) members was present. A motion was made by Frank Loney to approve the minutes of the July 22, 1999 meeting. Christopher Bent seconded the motion and the vote was unanimous in favor of approval of' said minutes, The new members were welcomed by Chairman David Cottea. Introduction of Members: Mrs. Riddle speaking on regards to inmate death. Liaison Ramiro Ma~alich attempted to get a Collier County SheriWs OfFsee representative. Facts are still being gathered. Sheriff doesn't make medical decision. The Collier County SheritT's Office is willing to associate with the HAAB. Investigation is still progressing. Family members referred by someone unknown, possible someone from the hospital or the Collier County SheriWs OfFsee. Mexican Consultant advised them to get an attorney. Family wanted funds for arrangements for funeral services. Mrs. Riddle was horrified by the story Mr. Figueorora and referred him to counsel. Felt that story was consistent with the history of the Collier County SheriWs Office. Mrs. Riddle explains she has a !or of knowledge and history of Collier County. Felt Mr. Figueroa became ill on the 24'~, taken to the hospital on the 29'~. At the request of his consulate he would not disconnect life support. He died on life. support. All Mexican complains something is wrong. Autopsy released to media before attorneys getting it. Several other inmates attempted to get help for Mr. Hgueroa, therefore bilingual staff was probably not available. Mrs. Riddle talks about a ride along in lmmokalee, how she had to translate with 2 incident with 2 Guatemalan. She questioned the officer ifthey had anyone to translate. He said not on this shift. She questioned how they would handle this. The deputy stated they would give it to CID (Criminal Investigation Division) so they could investigate. People coming forward making claims. Chairman asked what the number of bilingual workers available at the Collier County SherifFs Office, Not available, Dora Vidaurri input regarding her interview process and was turned down. Wants to get information ofthe minorities available and how many people made it to what phases. Mrs. Riddle felt the Commission for the Citizen's Academy was used as a polish tool to make the Sheriff look good. She attempted to get a volunteer group to translatefinterpret. She was turned down due to liabilities. Frank Loney explains that in 1990, he attempted to apply as an interpreter, that was not available, the department told him they didn't need an interpreter. Feels there is no protection for tile minorities. Suggested that Dora Vidaurri implement her suggestion as a sub-committee. Mrs, Riddle states that this issue (getting bilinguals) goes back 12 years. Mr, Valdes, Editor, Las Naciones News, a Mr. Watson died on August 12 under custody of the Collier County SherifFs Office. In 1997, a Guatemalan died o{'2 shotguns under the custody of the Collier County SheriWs Office. Michael Yumet was bit inside the jail. Mr. Valdes explains he has a roll of names and violations of the Collier County Sheriffs OffAce on humans. Mr. Valdes gives a copy of' the Las NatJones bulletin with an article pertaining to Victor Figueroa's death. Mr. Valdes expresses that he has been alone in the battle against the Collier County SherifFs Offtee and how people are now coming forward regarding issues that he has brought to the attention of the Collier County SherifFs Office. Mr. Frank Rodriguez Plan Of Action ' ~ Mrs. Faye Reddick talks about an Action Plan to assist the Board since the number of Hispanics are rising. States that if there was no discrimination, this Board would not have been made. (See attached). Chairman feels the Plan of Action is a good approach. Christopher Bent Speaks that subcommittees should have at least I Hispanic but not 2 board members. Frank Loney recommends that input to the Plan of Action should include setting meetings with the Commissioners. Christopher Bent states that we should all go out alone as to start our subcommittee and come back to the board with our input and then maybe an issue is valid to bring to the Commissioners. Open Discussion Mr, Reddick advises that we should contact absent members and ask if they are willing to serve as a sub-committee. Christopher Bent motions that we accept the concept ofFayes for subcommittee. Mr. Fox amended that absent members be contacted for approval. Liaison Ramiro Mafialich cladties the motion. Faye seconded Sunshine Law briefed in general by Liaison Ramiro Manalich. Monthly Meetings Frank Rodriguez states that a full board meeting means business. That this meeting is bringing all the information before going to the Commissioners. Board meetings could be used to see the information and if changes are needed we could go out and gather whats needed. Next Meeting on the 4th Monday ofthe month of September at Immokalee at 7:00 PM. 3 Agenda for September Faye Reddick suggests that item 4, powers, duties and responsibilities of'the Board, be put on the next agenda. Mr. Valdes submits a copy of'articles. Chairman motions that we accept both articles and investigate misconduct by the Collier County Sherift's office. Faye seconds. Mr. Reddick suggests we meet with Commissioners and introduce ourselves and our plans. Roberts Rules will be put for October or November agendas. Frank Rodriguez suggests someone be designated for the Micro Enterprise Program. Faye Reddick volunteers as the person. Frank Loney Motions that Ramiro Mafialich stay as Liaison for the HAAB, that we sent a letter out as recommendation. Christopher Bent seconds. The meeting adjourns at 9:20 PM. Piepared by: Dora Vidaurri, Secretary and :oved by the Hispanic Affairs Advisory Board on the 29~ day of September 1999. 7.,hairman Hispanic Aft'airs Advisory Board ........ OCT 0 6 1999 COLLIER COUNTY 8oard of County Commissioners ENVIRONMENTAL ADVISORY C. O.U~.. C!L AGENDA October 13, 1999; 9:00 a.m. COMM1. SSION..BOARDROQ~M, THIRD FLOOR--ADMINISTRATION BUILDING I, ROLL CA~L II. APPROVAL OF AGENDA III. APPROVAL OF September I, 1999 MEETING MINUTES IV. LAND USE PETITIONS AGENDA Planned Unit Development No. PUD-99-14 "Livingston Village PUD" Section 19, Township 49 South, Range 26 East Planned Unit Development No. PUD-99-15 "Alexandria PUD" Section I8, Township 49 South, Range 26East Planned Unit Development No. PUD-98-15(1) "Bucks Run PUD" Section 35, Township 48 South, Range 26 East Conditional Use Petition No, CU-99-08 "Sabal Palm GolfCourse" Section 24, Township $0 South, Range 26 East & Section 19, Township 50 South, Range 27 East Planned Unit Development No. PUD-99-22 "Royal Cypress Club PUD" Section 11, Town~hip 50 South, Range 26 East Planned Unit Development No. PUD-99-19 "Harvest For Humanity PUD" Section 32, Township 46 South, Range 29 East V. OLD BUSINESS Carter ., Co~stantt~ Mac'Kte '--"~-' " Berry Misc. Cotres: Copies To: · 16tt En~ironm~'nta[ Advi~ry Com'~¢il Age~lda ......~.., .........~ ......................October 13, 1999 Page 2 .... VI. NEW BUSINESS Notice of proposed Rule Development by DEP - "Operations within coastal waters" CPR-99-3; Remedial Amendments to the Coastal Managment and Conservation Element and the Future Land Use Element to implement the Final Order of the Governor and the Cabinet issued on June 22, 1999. VII. COUNCIL MEMBER COMMENTS VIII. PUBLIC COMMENTS IX. ADJOURNMENT NOTES: A. Board blembers: Notify the PLANNING SERVICES DEPARTMENT (403- 2400) no later than 5 P.M. on October 7, 1999, if you cannot attend this meeting or if you have conflict and thus will abstain from voting on a particular petition. General Public: Any pcrson who decides to appeal a decision of this board will need a record of the proceedings pertaining thereto; and therefore may need to insure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. NOTICE OF PROPOSED RULE DEVELOPMENT DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION: Resource Assessment & Management RULE CHAPTER TITLE: RULE CHAPTER NO.: Regulation of Oil & Gas Resources: Wetlands 62C-30, F.A.C. and Submerged Lands RULE TITLE: Operations Within Coastal Waters RULE NO.: 62C-30.007 DOCKET NO,: 98-62R PURPOSE AND EFFECT: The purpose of the workshop is to develop the final draft of a new rule which will set forth the requirements necessary and sufficient for engaging in oil and gas exploration activities in Florida's coastal waters. The effect will be to better regulate exploration and production operations in Florida, onshore and offshore. SUBJECT AREA TO BE ADDRESSED: Offshore exploration SPECIFIC AUTHORITY: Sections 377.22 and 377.24, Florida Statutes. LAW IMPLEMENTED: 377.21, 377.22, 377.241, 377.2425, 377.243, 377.371 (1), Florida Statutes. A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW: TIME AND DATE: 9:30 a.m., September 13, 1999. PLACE: Conference Room 170, Cart Building, 3800 Commonwealth Boulevarct, Talla~, Florida. . t e d ' ' tratio remission rits r val d hal treatrhea Iication if'co eke with res ct to the surct re uiremcnt..Should the Administration Commission not act wi~. the Kline allotted under Chater 12~L~artment shall condition any rmit antedu n the Com. mission's a_p__proval of the surety prior to drill in .~osed surety shall be suft]cicnt to cover all.l~tcntial costs based on the foll.__..~teria: 1 Maximum tO! ill Calculate the maximum.potential oil ~ili by assuming_~ x' ss'bmu ~ le bl w ut rate a nthe followin criteria: a. duration of 120 day. tl b the roducin zone is corn !etep___~_pel netrated_b_Y. the well borei c. zero skin damat. e; d. maximum potential orositv ermeabilit and formation ressure and; c. exagected degree API oil, 2. Adverse I-lvdrog~phic / Atmospheric Conditions. Assume averae. g_ winds for the entire 120 day l:)eriod resulting. in maximum adverse impact to ad'l.acent environments a_=__..~_g_~. c c¢ a e se c ur ' di ection3'7 ~ calculate tential natural er uree dama es. Estimates of habitat acreag~ used in the e. ale a~ shah be submitted to e~ferences. Assume da a e ~abitats comin in~ with oil at or vea thte hold thickn s of' ne rail imete~ and submet ed habita~ I ss than 2 f'ect wake at ean 1~ 4. ' ted C u . P and it a fe~i nal estimate o ' C! , n the a v assurn ti ns. ev cost that wou~ 2 !.6H ! e ui m~a.sed sulP_l~rt of an kind iq r each h e f cleanu activit · and direcc eanu costs me third ante e..USCG FD P. Describe the entirecleanu rocesandex lain .the rationale for any ass.___~otions used in the estimate and include references. 5. Surety ¥otal. Alltv~rovided surer bonds letters of credit ca..._., ash roofs of £mancial re n i ilitv etc. shall be cou~nted toward the total amount of required suret .v..,~Should an a lieant e ter into a artncrshi that obli ares each artnet full rcs~onsibilit foy.__L~.~ aban~ and site restSon under 'hat r377 P rtc la I'.'4.,.,ntt thcs~ · role es~ t' uea i t e ' uet w ve ro o s c erhi and vari u tie all rovided b th ae lieant s and s. ubmitted bv the D~to the Administration Commission lBr___.~agproval. (d) Applicati~m to !)rill .(.Form 3}.. File in accordance with 62C-25.1)08, FAC. (e) Vicinit,.' Map. ~Pro~,.'.idc a navig.ational chart or other area map. ot'sut'ficient scale to ~how th~ general location of the well and surroundin_~ area, including all imr~onant physical fi:aturcs which help. fix fi~e. location relative to Florida's coastline and offsettinl:, political $.ubdivis. ions, .Thi~, rpap ,shall include bau'rj.'er islands, ~ilitary zones. shi_oping lanes. _t:m.,,ti~onal markers and hazards. disposal areas. artificial reefs. coa~ta! t.o .wns, .county lines, ri__v. er mouth3. drillinc unit boundaries. prot~o.sed supoort vessel and helicopter routes,..,;hor...e facilities, area well locations. _t:,e. rks. nature _oreserves. and other known mai0r..na~;ural features. 'l'h.e ~;urface hole shall be _t:dotted and labeled with well n(u'ne. latitude-longitude coordi.nates. and g)ro_g)<:)md vertical dep,th. (~fl Well Lotion and...Site Congructior) Plat, File a well location apd :rite c(instn,tction [}lat orcom'cd bSt__ a-rc~stevcci surveyor or cnair~cr a~ clrawn to a scale sufT. vcict'xtl'~ la. ra.c. tha ~ v rd. I a i i alc munit encru tin rowth sea rass bed etc. encountered alon an transect re resentative still hotlL__.Lqgg~hs and continu uso narrated video documentation of the entire communit~ardless of distance from the transcot shah be taken. In addition corn lete video documentation with ex lana. p__._~.fl~audio track shall bc provided for the full lengLh_ of each tran~ 2. Written Re onp__.~..~. T e wri~ot'x shall explain the scientific rationale u_.uon which the r~_port is based and shall com.pletelv describe all ambient conditions in the stud',' area. The Re_._.~_.q.fi shall include an introduction' a descri tion of each iece of e¢ Ut~.e__nt use~ indexed ia m of each hotodocumentati n to ransect and each t~hoto taken'~ scale malL_q_f the stud,.' area showing relative locations of transcc___.X.!~_,..p~otos biolt2gtcal communities and other findin ~' and a full discussi m of all f'~~d'~n~ ,.s and conclusions includ~n_g_dcscr_Lptions of the substrate h b'a ~tats_~fmnaflor~~a~.~3_~l_cs taken ,c__,~1o ical ha?ards fi)und and p.gtential environmental impacts at the_fi,s~. Hurricane Plan. F'~icane Plan fully de cr'h~ns ' the ri ,s abfiitv to withstand cae veh ica e andli tin rocedue to em o edat e drill site in the event of .such a hurricane. h uld th a~ e lieant wish to use the same Plan for subsequent welis_x,_h.he~she may include the Plan_by. reference in the manner described i~ i We I De in and onstructi n P1 . ub iraWell Desi n.g.~_and Construction Plan ful ex lainin how the w 11 will drilled and e ui d or lu ed and abandoned and the site t . co oft e ril ' osi r videdt eft su fintendent may__.~ rovetied is rwise u 't c Ite asin and Cementin Drillin Drillin Mud B! w ut P v tion and Wel Wel m eti n !u in and Site~ 5 16H l' revi usl , ed u stantiall irailar Plan so as tou ate or ake it sites ecific etc. Itc ativ t e OS P re uired by the MMS under 40 CFR Part 2:54 is sufficient to meet the re...~uirements of this sectio an._..O_.n_4_m_~d may be submitled in lieu of the _.~artments OSCP described herein. L.__Q_~!j.!y~Control. Submit a moniton____~_g~l~ sufficient to_9_g.uarantee the earliest detecti n fan leaks orilsthatmavoccurdurin dri~erations. '~ era i. char e reventi nc hen shall include r~lans ~'~r the use ot'a Zero D'schar, i m ee ' ' I ' tatio nt uara eetha theri and all associated activitie is em Io ed to its full otential in revelchar es of all kinds includin rung_2_q..(~ff .materials transported to or from the ri~roduced fluids. 3..Spill Trajectory. Submit an analytical model depicting anticipa',ed movements of a 42,000 Railon.model spill._ lnclude..traiecto~'.ana!ysis based on meteorolouical and oceano~raphic dsta nnd re.ference the models or standard analytical procedures used. 4. Control and Removal. Completely describe all aspects of the spill r~sponse c0pabi!ity with retard to I;~9th the rq:straint and cleanup ofarly spill that may Occur. Address every contingency in all manav. eable w~nd and weather conditions, including notification list and orocedure~, locations and..idelatities. of response ve.ssels and equipment, various transit times to spill area. t>er~onnel. required, invent.orv ofcontainmem.and clean.up materials and equipment maintained 9n ,sit. e, dispersants (if authorized), communications S¥stems~ and all other componen.ts m~c.essary to complete a petroleum industry_ ~tandard:~ plan together with.a discussion af tile l~!.an of olix:rations. which will be put into place ir~ the event of such a spill, NOTICE OF PROPOSED RULE DEVELOPMENT DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION: Resource Assessment & Management RULE CHAPTER TITLE: RULE CHAPTER NO.: Regulation of Oil & Gas Resources: Wetlands 62C-30, F.A.C. and Submerged Lands RULE TITLE: Operations Within Coastal Waters RULE NO.: 62C-30.007 DOCKET NO.: 98-62R PURPOSE AND EFFECT: The purpose of the workshop is to develop the final draft of a new rule which will set forth the requirements necessary and sufficient for engaging in oil and gas exploration activities in Florida's coastal waters. The effect will be to better regulate exploration and production operations in Florida, onshore and offshore. SUBJECT AREA TO BE ADDRESSED: Offshore exploration SPECIFIC AUTHORITY: Sections 377.22 and 377.24, Florida Statutes. LAW IMPLEMENTED: 377.21, 377.22, 377.241, 377.2425, 377.243, 377.371 (1), Florida Statutes. A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW: TIME AND DATE: 9:30 a.m., September 13, 1999. PLACE: Conference Room 170, Carr Building, 3800 Commonwealth Boulevan~o Tall~, Florida. THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT IS: Carolyn Stringer, Florida Geological Survey, 903 West Tennessee Street, Tallahassee, Florida 32304-7700, (850) 487-2219. If accommodation for a disability is needed to participate in this activity, please notify the Personnel Services Specialist in the Bureau of Personnel at (904) 487-1855 or 800-955-8771 (TDD), at least seven days before the meeting. THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS: J drilling and producing operations conducted on Lake Okeechobee or upon sovereign sul;~n~ged lands below the mean high water line within the Atlantic Ocean or the Gulf of Mexico. All rules contained in Chapters 62C-25 throur, h 30, FAC, shall also apply to 9peratiot;s within waters unless clearly no.t applicable or unle~;$ superseded by this rule. (i) Each Drilling Permit Aoplication shall include an Organization Report. Application Fee. Surety Proposal, and 25 copies of the tbllow~ng items:. Application tO Drill, Vicinity Map, Well Location and Site Construction Plat, Site (~haracterization Re~x;~ri:, H~o'icane plan. Well Design and Construction Plan, H,~S Contineeney plan, Well Testing Plan, Oil Spill Conti~£encv Plan. Environmental Impact Report, and an Economic lmpa.ct Report. Applicants may. use any of these items for more that one well by stating, under the appropriate item rubric in the current application. that a previously submitted item (identified bv Item Name and Application under which it was submitted) will be used in lieu of a new item. Items substantially similar but not identical to the original item may be used bv referencing the original item and attaching aq addendum ~O ~ ~ uodate or make the referer~,ed item fully aoolicable. Each ofthe~ iten~ must be curren. t .at the time drillinc o~rations begin but may ~. u~t~dated by addendum anytL~¢ ~t~rior to spuddine. (b) Orp. anization Repo~ {Form 1): File in accordance wit. h 62C-25.008, FA¢. Application Fee: File in accordance with 62C-26.003(8}, FAC. Surety: File a l~ro{:~o~,al for a bo~ar~l/9r other form of legal surety. or res~:~onsibiliPt ~$ requi_'rr.d under Section 37;7~2425{'})&). FS. together wi~ an the ta'o~ _~&-t~ an~o~ uot was derived: :'l~. _~t ~ ~ the proposed l e Ad ' i tration omi sio r its a v I and all treat the a lication as ifcom_lzl~ wi~ct to the sure!~L.r.~uirement. ~qhould the dminis~mission not act the time allotted under Chater 120 FS the De artmerit shall condition any rmit anted u n the Commission's a_3.p_.proval of the surety dot to drillin .The ro osed suretv shall be sufficient to cover all.l~tential costs based on the focal ~n criteria: 1 imumO'lt S 'ill. alculatethemaxi u tenfi lolls illbvassuminga m ximum'bl~ e blo. 'a,'ut rate bas d n t e f Ilowin._.~ criteria: a. duratic~ of~ b. the roducin zo e's corn letel netratedbvthe well c. zero skin damaggl d. maximum tential orositv ermeabilit ~X.,__~d_~dformation.pressure and; e. exDected degree API oil. 2. Adverse l'-lvdrogLa.12hic / Atmos~c onditi ns sA su. me avera entire 120 day_p__~r~ resulting in maximum adverse ira.pact to adjacent environments along_~_~e c asl. esource a es. the rocedttrede~fibed in Section ~7~ calculate .i~tentia} natural resource dama_g.es. Estimates of habitat acreag~ used in the calculation shall be sut?mitted to. flgether with references. Assume damage to all habitats comin in cg~__o_o_o_o_og~t wit oi at rl v~a thr shold thickne ofone m' limeter and submet ed habitats.~q~l~Ln_~ es t~ water at mean low tide. 4. ' ted Clean Co and su it a fessional estimate I · n v 'on& In I ~v co that wou d 2 ui rnent I d-based u ofanv indfi teac hase fcleanu activity anddirec ceanu co ts me third artits e.. S FD P. cscribetheentirecleanu rocessandex~ the raft hal for any a urn tions used in the e timate and include references. 5. Surety Total. Alltv~rovideds t b nur~ d.s letto resof credit cash roofs of financia e ' i it etc. sh I be counted tow d the t tal amount of required surety.:~ould ana ' an e t ' t a a i thato li atesea¢.h._oartnerfullres nM ibli~ aband0nrnent and site r¢stqra. tion und..er ¢.h.apt.er.377, Part. I,. F.S., and these rules,..then eaqh partner may contribute_a_ potlion. of. the total required surety, However. t~roof of such ~armershi~ and various sureti.¢,s shall be provided by the applic.ant(s) and subrnitted by the Depar~-nent to the Administration Commission foLapproval. (d) Application to Drill (Form 3). File in accordance with 62C-25.008, FAC. (e} Vicinit,,'. Map....Provide a navigational chart or other area rnao of sufficient scale to show the ~.eneral location of the well and surrounding area, .includin~ all .important ph.vs cal {~atures which help fix the location relative to Florida's coastline and offsetting political subdivisions, This ma~ shall include barrier islands. military zones. shit~t~ir~_ lanes. aavizational rnarkers and hazards, disposal a;'. es.5, artificial reefs, coastal toms, cou.nty lines, river mouths, drillin~ unit boundaries, ~roposed suooort vessel an.d. helicopter routes, shore facilities. area well location. ~ks. nature .t~re.serves. and.other known rnaior natural features. The surface hgle shall be Notted and lobeled with well name, tati.m. de-longitude coordinat. es, and ~orooo.sed vertical dep.th, (fl. Well Location and Site ¢on.gruction Plat. File a well location and site con.stngtio, plat pre_tm.nM ~ i~.redstered surveyor or eagitleq' and draw~ ~oa sr,.al¢ :;uff. mieatl~. lange._ 16H commonly 1:10qO., to show the information dcT, cribed below. The Plat may be based on LORAN, GPS, or any other e.qually accurate and appropriate method of measurement, 1. Elevation, surface and bothtom hole location ofthe proposed well. 2. Drilling unit boundaries of the proposed well. 3. Bearings and distances to adiaeent wells, proposed locations, and unicaseal acreage. 4. Rig orientation; location ofri~, feet; piling, s; anchors; landin~.s for support vessels, barges, and helicopters. 5. A wr/rten description of the proc~s or plan ofmovin~ in and rigging un, includin~ construction necessary prior to spudding, especia!!y with respect tO potential impacts on sea floor. Include an,.' dra,,vin~.s, iljustrations.,,specifications, orot. her information nece~;sary t.o. fully clarify the Plan. (g) Site Characterization Report. File a cornpict.e, site specific, professional, biological- ecological-.~eological survey of the drilling pad and all seabottom within I~000 yards of the ~gp, sed wellbore. The Report shall include a detailed photodocumentation survey together with a .c.o..mvlete written re~rt oral! findings. Sbou!. d ambient conditions nrevent clear_ photodocumentation. sidescan sonar, subbottom Vrofiling. biological samvling and analysis or other similar methods shall be used as necessary go fully charactcrige the ~stud¥ art;a, 1. Photodocumentation. Each photodocumentation survey shall be .c. ora:lucted along at least 12 transcots, each 1,000 yards long and 30 dem'ees from acljacent transects, radiatin£ w. vay from the t~ro~osed wellbore. Both televi$iorl and stil! color photos of suit'i, ient quality tO accurately cl~r~etize the seabottom shall. ~ taken. $till'ph9. ~ll, encomvassinv. a standard surface art, of _ _a~,_,pvoximate!y ,25 m~. shall ~ tak~-,tlc~g ~ tm.qsect at Laterval~ of no more t6, 1 than 0 rd. h ulda i I ical u ' encru tin row~h sea rassbed etc. encountered alon any transect re resentative still hot. R..._~g~hs and continuous narrated video documentation of the entire communitv_,...~ardless of distance from the transect shall be taken. In addition c.._~.~_plete video documentation with ex lanp__q..~_rv audio track shall be provided for the full len th ofeach tran ect 2. Written Report. The written r..cport .sh.a]l explain the scientific rationale upon which !he report is, base. d.and shall completeIv dcs,cfibe all ambient conditions in the study area. The Retort shall include. an il~tr0ductign.; a de~cripti0n 0reach piece 0f equitymerit used; a fully indexed diagram of each photodocumentatiqn transect. and each photo taken; a lal'..ge scale map of the stud,,' area showinc. relative locations of transect.s, photos., biological communities and other findings; and a full discussion of all findings and conclusions, including descriptions of the s.ubstrate, habit,,ats, faunat. flora, samples taken, geological hazards found, and potential environmental impacts at the rig si.te. (h)_Hurricane Plan. Vile a Hurricane Plan fully describing the rigs ability to withstand catego _ry_five hurricanes and listin~ vrocedu. r.es tO be .employed. a.l. We drill site in the event of such a hurricane. Shguld the applicant wish to use the same Plan for subsequent wells, he/she may include the Plan .by reference in the marmer. d.e,scfibed in (I) above. (i) Well De~i~n and t2o..n.s[;'uction Plan. Submit a Well Design and Construction Plan fully explainin~ how the well will be drilled and etluiwped or plugeed and abandoned and the site # restored. A cop_v of the Driiline Pr~no$is provided to the ri~ SUl;X;rintendent may be provided for this ~ur~ se, otherwise submit com..plete Casin~ and Cementin. g, Drilling,, Drillin~ Mud, Blowout Prevention and Well Control, Well Completion. and P!u~vaging and. Site Re..~,oration _P. r0grams, all with sufficient detail to demonstrate that all components meet petroleum industry and Department standards..Applicants wishing to use the same Plan or compon.ent(s) in subsequent applications may do so bv referencing as described in (1). above. (i) H,S Contingency Plan. Submit a complete H,S Contin.v. encv Plan for controlling H,S should it be encountered. Treat all aspects oft{,S control in accordance with industrv standards. In addition, the plan must model l-I',S dispersion in sufficient detail to determine with reasonable certaimv the minimum sat~: distance (breathable concentration of tL, S} from the rig in the even! of a worst case release. For modeling purposes, use an H,S concentration of 26% and a con. to..ur interval of 5 ppm. When conditions warrant, the appljcan. t may use, a previously filed H,=S.. Contimzencv Plan bv referencim~ as described in (!) above. (k) Well Test(he Plan. Explain how the well ,.,,'ill be tested and v,'hat ,.,,'ill be done with produced fluids. l')escribe the flare system transport mode and route. landfalls and shore l;acilities with construction details, etc. Applicants mav use previously tiled WTP's by appropriate referencing as above. At the applicant's request,.this requirement may be waived if the applicant wishes to apply for a drilling oemfit onl.v a.nd return at a later date for an Operating Permit to transport test fluids. Previously used plans may...be included by refi:r¢0ce. or updated by addendum as described in ( 1 ) above. (I) Oil Svill Contingency Plan. Su,bmit an Oil Spill ,"red Contingen. cv Plan, for the prevention, control, and removal of a 42,000 gallon model spill and designate the person responsible for implementing the plan..This plan must.include Quality Control, Zero Discharge, ._Spill Trajector'y., and Cleanup components as discussed below. The applicant may use a previously filed Plan by properly referencing. it as defined above or may file an addendum to a 6 t~rcviouslv filed subs~anti~!!¥ ~imi]ar Plan so a5 ~.Ul~.ate or make it ~ite,,sDecific. etc. AiternafiveJy, the osCP.req.ui.red.by the MM$ under 40 CFR Part 254 i~5 suff'icJent to meet the requirement,s of this section and m. av be submitted in lieu of the Departments OSCP described herein. 1. Ouality Control, $ubmit.a.monitofin_~olan sufficient to. guarantee the earliest ~ossible detection of any leaks Qr spills.that may..occur during dr~li.ing operations. 2. Zero Discharge. The prc','cntion..componcnt. shall inclu__d~..plans t~r tt~c use of a Zero. Discharge Rig complete with a plan of imvlementa.tion to gua,t'antee th.at the rig land all associated activities) is employed !o..it~ full potential in preventing, discharges of all kinds., Jncludin~ runoff, materials transported to or from the ri~, and produced fluids. 3. Spill Trajectory. Submit an analytical model depicting. antjc.ipated movements of a -1.2,000 gallon model svill. Include traiectorv analysis based on meteoroloetcat and oceanographic data and reference the models or standard analytical procedures used, 4. Control and Remova.I. Completely describe all aspects of the spill response cat:)ability with re~ard to both the restraint and. cleanup ofan¥ spill that may occur. Address every contingency ill all manageable wind and weather, conditions, including, notification list and ~rocedures, locations and identities of re~;POnSe vessels and equipment, various transit times...tO ~;p. ill area, pe.rsonncl required, inve. nmn/of containment and cleanup materials and equipment maintained on site, dis~rsants (if authorized), communications s¥stem. s., an.d all other components .necessary to comglete a petroleurn. Jori.us. try standardl; p!an together with a comatete di.scussion of the plan ofogerations which.will be put into pjace in the event of such a soilL 7 (m) Environmental Impact Report. Submit a prof'es~ional Environmental !m~act R _e'por~ addressing all known or likely environmental impacts that may res.uit from drilling., testings_. and either producing or abandoning the well and restoring the well site as planned may have assuming first, that there are no accidental discharges, and second, a 42,000 gallon model spill. Explain the rationale underl~'ing the. report and describe each possible impact that could 9ccur, including those on air quality, birds, maHne communities, archaeg]ogi.cal resources. coastal habitats, barrier islands....tHreatened or endangered Species (e.g:: various sea turdes, plovers. mariatees), water quailS, and the ~¢af190r. Previ0u~ly fi!ed Ret~ort4 applicable ~o new applications ma,v be included bv reference a~ above. In instances where Ret~orts are similar but minor differences occur: .addendures may be added to update or otherwise revise the original RepoF. ~ nl Economic Impact ReporL Submit a professional Economic Impact Report addressing all known or likely economic impacts drilling and testing the well as planned may have, again assuming no accidents of any kind and 2} assuming a 42,000. gallon mode! .spill. Explain the rationale underlying the report and treat all k~own or suspected impacts to the variou~ and individuals who might be affected as we!l as to the area eco~.omy in gen.er..a.!. Re~,orts already on file with the Departmetat may be ir~cluded bY refcrerl¢~ an~qr u. pd..a~.ed bY addendum as above, (2) Production Platforms. All requirements for drilling a well from ..a portable ~ apply equally to drilling additional wells from a production platform. $_oecific Authorit~ 3Tl.22(2)-FS~ Law [mplemertted 377.2l, 3T~_.22, 377.241,377.24.2.5;. 377,2.¢3, 377.371(I), F$. Hist9rY--New OCT 0 6 1999 OCI IOI'EF, FI RF, CONTROL DISTRICT ADVISORY BOARIMMB FbTILqC [-ff. cg t ss to rs SEPTEMBER 13. 1999 AT TIlE EVERGLADES CITY COMMUNITY CENTER 1 In artentice werc the following: Tom Mitchell, Acting Chief, Ochopee Fire Control District Charlie Reynolds, Chairman Evergladc~ City Mike !!art, Advisory Board Member. Copeland Kent Omer, Advisor), Board Member. Chokoloskee Island Bob Genung. Advisory Board Member, Port of the Islands The meeting came to ~'der at 7:08PM. Carter Constantine )~a¢ '1( ~e y - ,~erry .... ANY REMARKS CONCERN1N(] NEW TRUCK?: Mike l lart said that new truck is not limited Io Everglades City il can go to the alley if it has to. Acting Chief Mitchell stated yes, the new lruck is ~t up as a .,~-cond response unit. lie told Mike MeNcos that they were having .~amc trouble with it. It was the electrical system, we were afraid irwe didn't go ~ead and get it checked out while the warranty was valid, we want to work the bugs out. We want to use it any time we can. ~l~en the Attack truck is doan we use it as a first response truck. It is the second vehicle out to all calls to the alley so we can gel some time running. If it just sits here as a sland by it isn't going to get any hours. We want to make sure we check the pump and the opo'atlon on the road. Charlie Re)~olds wanted to know how much time they had to straighten it out Acting Chief Mitchell said the warranty is good for 30.000 miles. Your suppose to contact Elite. they have their own warranty as far as service goes. When it gets outside of their boundar its then we have to get factory v~arranties. We want to make sure while it is fresh in every ones mind ifwe got any problems to go ahead and work it out. It is in service, we put a deck gun on top of it. the supply line has not beam received yet. Then the truck will be equipped same as the other purepets. Charlie Reynolds asked if it has been pumped. Acting Chief Mitchell said yes we have pumped the tank out and everything. v,e put it through the test. It is a good pumping truck. They had problems with the throttle so it was sent in to be fixed. ll~cy found out it was an electrical problem and has been repaired. Charlie Reynolds said y(x, want to make sure cvcr)~hing is right heft,re you sign the reload. Mike Itart asked al'x)ut the location of the hose reel, Acting'Chief Mitchell stated the hose reel is in the rear of it which is out of the way it's nice. But the only problem is it takes away from the storage capacity. At a fire you have to pull it all the way around the vehicle. lie would have placed it underneath the steps, maybe in the future we might be able to do that. F~ a first response vehicle it is not very practical to place it in the rear. But it is a little too late now. PORT OF THE ISLANDS: Bob Genung said some of their guys are getting back and they need to go to Ft. l.auderdale to take the EVOC Course. h,lis¢. Certes: Page I Oato: l 6H Charlie Reynolds said they could take it here, Bob Genung said now they want you to go to Ft. [,auderdale. Acting Chief Mitchell said that is true. They just had one this week end Josh went to it. Bob Genung said they are giving it every month. tie has talked to sev~'al of the guys but they had left. I te said he needs to get on that so we can get the tntck up there. But it is a little premature .vet until we get a place for it and that will be six weeks. lie also told them that they need to get some training. A lot of those people go away fen' the summer. The hotel people offered them 1200 square feet ofthe marina building. In the future they are planning to tear down the marina and build a boat storage building. They have agreed to let them use it free, furnish the insurance and indemnify us. They don't want to be involved in any law suits. They have agreed to all this stuff. Probably in October we would have a signed agreement per Mike McNees. lie asked what is the prognosis ofgettlng a permanent staff there. Acting Chief Mitchell said right now it is money, you know that. An far as employees you are in the same boat we were 15 years ago. We used to man this part lime here. Bob Genung was wondering when they do starl staWmg how many would thc~e be. Would there just be one man is that how they start out or what. There is no other substation in Ochopee. this is it. Acting Chief Mitchell said there is the Ochopee Station but they moved all the personnel here so we could r~pond with two men. This is the main ~ation. What I envision here is, Paul Wilson has suggested that there were ways that EMS could put personnel there too. I haven't talk to him. Bob Go'hung mid Jeff Page told him the same thing. Acting Chief Milchell said if we get a building there is a possibility that they could put some of their people down there. Which would increase the permanent man power and these IX'ONe wc~ld be certified. As far as money to hire the staff it is going to take a large amount ofadvalorem taxes to supl~rt like we do here. But eventually down the road when ever)thing is dcveloix4 out there will be enough money. Bob Genung said there were 60 more people on the directory. He said it will probably build out in 3 or 4 years. Acting Chief Mitchell said when the condos come in with the 11oward Bloom's project they are going to put in 50 right away and then maybe another 50. Bob Genung said he intentioned that would provide a c(n~ple of rooms for the firefighters. Acting Chief Mitchell said he would provide rooms for those who wanted to volunteer or paid men until we got our station built. lie has gone out ofhis way to be cooperative. lie has offered to pay all utilities and the construction for the doors in the building. lie was overwhelmed by his gener,sity of course he hasn't produced it all yet. Mike Hart said there was one option that they looked at years ago on the north side. They were going have a Porl of the Islands employee llve there on site man the truck in the evening and work maintenance during the day. There would be some one there 365 days a year 24 hours a day. Acting Chief Mitchell said we have to supply that int'ormafion and set up some sort of program. Bob Genung said yes, just to have the truck there doesn't mean anything. They want to know what is going to happen. He said he has 12 people that want to take the course. Page 2 1 161-t iIIRING OF NEW EMPLOYEE,: Acting Chief' Mitchell mentioned that Tom I Ioffman was going to work for North Naples and that we are going to hire a new employee to replace him. We haven't got all of our requirements in. lie asked Mike McNees last week if he was going Io get with Paul Wilson and get his opinion about hiring a local that lived here or within 20 minutes ofthe ~tation. Mike tiaa said we u~d to have a system around here if we had an opening and a Volunteer vanted to come into a paid position they gave him a year to get his fire certificate. It was a litlie bit era burden to the Fire Department but we worked around it. It was a good system and it worked. The last three employees, the last one was Danny's son, Caleb, he is a local he is staying here. The other two lived in Naples, now one works in Bonita and the other went to North Naples. Bob (,;cnung .~aid v,,hat is )'our rca.~n the pay. Mike I laM and Acling Chief Mitchell ,irated it was the pa.,,' and travel distance. Bob C}enung askol how the job would be advcrlised. Acting Chief Mitchell said it would be posted and on the C~mnty Web for a week or [k~b Genung wanted to know if he had any prosperis. Acting Chief Mitchell said we have a Volunteer right now but we are going to adw'rtise who ever applies can come in and test. But we are going to require that they live with in 20 minutes of this station fight now. That would pretty much cover our area here with all the population. The requirement is something we haven't been doing so it is going to have Io go before Mike McNees and he wanted to talk to Paul Wilson about it. Illring from the volunto.."r ranks is not the problem, living with in 20 minutes of the station is the problem. Charlie Reynolds ~id 20 minutes response to a fire isn't much. Acting Chief Mitchell said actually these are the legal boundaries we are bound to by. FLSA. I don't thing we can go much h.~'~ that because of the Federal Law and requirements. But in ¢~r area here i think 20 minutes would provide a local person. Bob Genung asked i£he were actively looking for someone. Acting Chief Mitchell said this week we are going to gel the criteria together. Itc said we have three people, Robby Mayberry. Gary Thompson Jr. and Josh. Josh is the only one qualified, he has EVOC and Volunteer certifications. We are going to hire one position and some part time e~,~ployc,~. Who ever doesn't make the qualifications will move into the port time position. We are goi,~g to pursue a minimum ofthreemanper~ilt. Right now ifwe have sick or vacation there arc only two people on. tlesaid tomorrow is our County Commission Meeting. Approval ofo~r budget, hiring of two part time employees, and approval of Poet of the Islands as a contracted area. Page 3 MINIMUM MANNING. 'H IREE PER$ONN!iI,: Acting Chief Mitchell .,,aid that is an issue that concerns the budgee, it has been put in the budget. Paul Wilson put in the budget a.s a new requffement that with these part time employees we would alwa~ have three personnel irregardless, no matter what happens, sick, etc... We would always have one person here in the area much like what Port ofthe Islands is ~alking about. With three man minimum manning we can send two personnel out on a call and still have one person to cover the area. This was we would comply ~lh our ISO rating by having a full time Firefighter in the area 24 hours a day ? days a week. That would also be the goal for Port of the Islands. Whether they be Volunteer or paid it would be the same criteria. We are trying to lower ours to a 5 here, which they can do the same thing. Bob Genung said just because we get the truck we don't necessarily get the rating. There are other things such as manning. housing etc... Aeeing Chief Mitchell ~aid we slatted at an 8, then a 7 and now a 6. So v~e have progrer~.~ed and we could be down to a 4. It has taken I g years. Bob Genung wanled to kn¢~w if the Firefighters that work at Ochopee Fire Cr~trol District make the .~ame as others in olhcr parts of Collier County, Aeeing Chief Milchell said we actually starl oul as good as anybody in the Courtly il is actually after we get ~aHed. A Io~ ofthere bigger D~ents a firefighter in East Naples or North Naples can make $50.000 a year. We slan ~l at $30,000 and after 20 .veara you can make ...... He feels we need more officer training for our personnel. If we have a major incident we need people that are qualified Io compete at the same level with other people in the County and we can. Bob G~ung ~'~id ~¥hat he was geeting at was are these Ix'opic are not leaving because of salar7 they are leaving for a h',l of different ~hings. Acting Chief Mild]ell said some of it is progressive. being promoted. A lot of it's money too because anyone ,*ho has moved from here has made more money. A lot of people have gone because there is no place for advancement. Andy wanted to be a Lieutenant there was not a position available. tle put in for Captain didn't get it. I le is now an assistant Chief. Wink and Tom !!offman are going to become Officers they are taking cla.tses. They are more career orientated, here you are limited. There is no other place to go either Chiefor Licutenanl. There aren't enough people. Minimum three personnel manning is a good thing for our Department because it will help our rating. Right nov,' we have minimum two man, three man means we will always have .somebody here all the time, plus Volunleer status like we had before. Bob Genung said this Volunteer thing is importanl. Acting Chief Mitchell ~id yes it is. It's crucial here. Mike I!art said the best thing that happened to C)chopee Fire Control District was fbr them to go tinion. Acting Chief Mitchell .~id he never liked it to be honest with you. But the one thing it has done is that it has protected the employees. But it has made the County aware ofa Io~ ofthings that were going on here before they didn't have any idea. The operations, sending people out with only one man on the truck. The hiring procedures, all of that has changed since the union got here. It's not that we ha,,en't addressed it. we got lost in the shuffle as large as the County is. They have to address it now. It has caused a headache for the supervisors in the Department but is has made the ability now to rccogni~,,e what we need. The Dcparlmcnts has progressed beeau~ of'the laws although il has cost them and a Io~ ¢,f pr(,blcms involved with it. We are a lot better Department than we were 20 years ago. Page 4 16H OI.D BUSINESS: Nothing was discussed. NEW BUSINESS: Bob Genung said Jim Kaysely called him Friday wanted to know when the next meeting was. The teacher for the gffls that went to space camp. They want to put on a little presentation. They said the)' didn't have time to do it this time but maybe the next meeting. Acting Chief Milchell said we will know by the next meeting about the new hiring and minimum manning. Port of the Islands Station was no~ put in this year because it didn't pass budget, because there wasn't enough money. BOb Genung and Acting Chief Mitchell ~id givcna the space and land it could possibl)' be put back on budget. Mike Hart wanted to know if the air packs were straightened out. Acting Chief Mitchell said I,t. Lemacks has sent the Scult Packs off. They are going to redo the MSA. They have to be recectified every two years to meet OSt!A requirements. 'Ibis is for die safety of the men. We have let them lapse since February, The PBA from Nocth Naples ~'erc recc~ified but the masks did not pass. Wc ordered six masks and hoses. Thereslwillbecenifiedinthencxtcoupleofmonths and the Scotts. Hopefully the next time we can do them ourselves. Bob Genung wanted to know who he should contact about the schooling for his men. Acting Chief Mitchell said Ray Ix'macks is going to tr~ and get his own class. tie has put together a couple ofnew programs and he is going to start a new 120. Bob Genung naid when he sees him tell him Mr. Genung wants to know v, hat he is doing. Acting Chief Mitchell said as of Oetober I, 1999 Isle of Capri is going to have a course. lie said he would get with Red. Bob Genung said he would announce it at their homeowners meeting on Thursday. Acting Chief Mitchell said tomorrow he will be busy with this hurricane deal and that he would get with him Thursday. Bob Genung said what is this 120 ho~'s. For the 40 hours, we met four or 5 hours a night for ten nights. Acting Chief Mitchell said under the new criteria they are going to go into more detail of tactical surveys and tactics. Ray does a real good job. tle will answer any questions you ha~e. We have to figure out a schedule so everybody can be there. Page 5 Bob G~ung wanted to know il'the Deparlment pa)~ him to do that. Acting Chief Mitchell said hc will get pa,v ov~ lime for it. Bob Genung said we could probably have it at the hotel. The meeting adjourned at 7:55PM. Chatlie Reynolds, Chairman -/r Ochopee Fire Control District Advisory Board Page 6 I I I .~c~,v~o l 6H Petty Cash and Change Board of Count~ Commissioners Compliance Review C&rter Constantine Prepared by:. "~" Collier COUllty Clerk of the Circuit Court Internal Audit Department Audit Report No. 99-11 October 1999 Dwllbt E. Brock Clerk County of Collier CLERK OF THE CIRCUIT COURT COURT PLAZA 2671 AIRPORT ROAD, SOUTH NAPLES, ~ 34101-3044 61t INTERNAL AUDIT I I I I Octobcr ~, 1999 11onorablc I'amcla Mac'Kit, Chairperson anti Members of the Board of County Com~nissioncrs 3301 Tamiami Trail East Naples, FI 34112 Re: Audit of Cot, nty Petty Cash and Change Funds (99-1 I} Madame Chairperson: The tntcrnal Audit l)cpartmcnt has completed a revicw of petty cash and change funds at randomly selected locations within the County. Attached is a copy of the Audit Report. Generally, the Custodians were following the applicable policies and proccclures for petty cash and change fimtl operations. Our counts and tests did not find any major concerns. !lowever, improvements could be made at some locations. We have listed the findings for each respective location. The audit clients have agreed with the findings and recommendations. If you have any questions about the report, please contact me at 732-2745, or Robert W. Byrne, Director - Internal Audit. at 7744075. Sincerely, Dwight [/.Brock Clerk of the Circuit Court Attachment CC: Robert Fernandez, County Administrator James 1.. Mitchell, Director- Finance I,',obcrt W. Byrne, Director- Internal Audit Memo To: From: Date: Re: The Honorable Dwight E. Brock, Clerk Robert W. Byrne, Director - Internal Audit October 5, 1999 Petty Cash and Change Funds Audit Audit Repod No. 99-11 We have completed an audit of Petty Cash and Change Funds at randomly selected County locations. Tom Cianfione, ClSA, CFE was the auditor. The objective of our review was to determine if the Custodians of the selected funds were following established policies and procedures developed by the Finance Department. Generally, the Custodians were following the applicable policies and procedures for petty cash and change fund operations. Our counts and tests did not find any major concerns. However, improvements could be made at some locations. We provided findings for each location. We recommended the following: ,z Custodians are to submit updated confirmations of the Cedificate and Receipt of Imprest Fund form to the Finance Department by September 30% All petty cash locations should use numbered petty cash vouchers to record and maintain fund purchases and reimbursements as directed by Accounting Procedure 21-1. All Custodians should retain supportive documentation for audit purposes and make a copy of the receipts and replenishment form before submitting for petty cash fund replenishment. Finance Department should review the Procedure and revise accordingly. Finance Department will review odd fund authorization amounts and investigate if funds could be reduced. The County and Finance staffs agreed with our findings and recommendations. We want to acknowledge the cooperation we received from County and Finance staff, Enclosure Petty Cash anti Change Funds Compliance Review Audit No. 99-11 16H Page i. Executive Summary .............................................................................i 2. Detailed Report ...................................................................................ii Back14round ..................................................................................................... Audit Scope, Objective & Methodology. ........................................................ 1 Audit Results Emergency Sea'ice-Naples Airport .............................................................2 F, vcrgladcs Airport .......................................................................................2 Library/Main Branch ...................................................................................3 Public Works/Building 11/3r'~ Floor ..............................................................4 Department of Revenue/Immokalee Landfill ..............................................5 Department of Revenue/Naples Landfill .....................................................5 Parks and RecreationSVanderbilt Beach ......................................................5 Solid Waste/Naples Transfi:r .......................................................................6 Finance Department .....................................................................................6 Recommendations ............................................................................................7 Auditor Comment ............................................................................................ 8 Petty Cash and Change Funds Compliance Review Audit Repert 99-11 EXECUTIVE SUMMARY i'etLv Cash and Ch:mge Fands Compliance Review Executive SnmmarT 16H The Clerk of Court'% Finance Director requested that v~c pcrl~rm an nmlit of rnmk',ml.~ ~,~.'l~:cted t'~qmlx Pelt)' Cash and Change f"t, nds lhe request ,,,,'as based on concerns titat lite Cuslodians may not be folkns ing the County's policies and pr{x:edares for the operations of these funds. in June 1993. lite Clerk td' Collr'l's Finance l)epartmcnt prepared Accounting l'roced;,res No. 21-I to eslablish policies and pnv,:edt;res for p~.'lly cash and change fired operations. 'l'he Finance l)epartmcnt verifies the accurncy and validity of peR)' cash vouchers and issues checks to replenish the pcll.v cash funds. Change timds are established and separated from daily collections v, hich is their source of replenishment. We conducted rite audit in accordance with generally accepted government nmliling standards. l'hc objective of our revicxs xs-as to determine il'lbe Cnstodians of the select~:d fnnds ~¥t're Ibll,ns ing established policies nml procednr¢s. Wc obtained :; list ~,1' ;nnhorizcd individual pull).' cash and change funds from lhc I:inancc I)cpartlnCnt. (/1' the 9.t existing individual limds Itsled. tolaling $11,229.,I6, we randomly selected ~l timds. 'l he scl~'ctcd Sillds represented 9.6% of Ihe total timds. bill dcllotcd 25% ($2.g50.02) of the total dollar nnlotlnt. ()tlr visits were unannounced. We inlervicwed the Custodians. inquiring about nnd t,bscrving tl~e proccdurc~ used Io acconnl tier and guard II~cir respeclive timfl. For polly CilSh fillldS. ~te cotlllled the casll oll hand and reviewed ontslamling polly cash sonchefs; We verified Ihat the vouchers plus cash-on-hnml Iolalcd the nmhorized fund alllOtllll. l:~r chanuc funds. ~tc counted the cash on 11alld and verified that the change fired ~s'ns sepnraled from the colleclion~ nl lhe end of each day. replenishing lhg I~lnd Io it~ eslablishcd alllOtllll. We tlmnd titat. gcncrall.v. the Custodians ,.,.'ere following the applicable policies and procede, res tbr petty cash and change fund operations. ()tit cottills and test.,; did ilot find all)' In;Ijor concerns. improvemeals could be made nl some localions. We provided findings for each Iocatiou. We made overall recommendations which included lite ti~11o~ving: ~ Custodians are to submit updnled confirmations of the Ce~ificnte and Receipt of Imprest I:und I~rm to Ihc l:in;mcu l)eparlmcnl hy September 30m. All pelly cash locations shouhl use numbered pelt)' cash vouchers to record nnd maintain purchases and reimburseme,~Is ns diretied by Accotinting Procednre 21-I. All C,ustodinns shonkl rot;lilt supl~.)rlive docun~el'~lalion tier audit purpo.%es and make a copy of receipts nnd replenishment lbrm beli~re submitting liar pelt)' cash fund replenishmeal. '/ Finance Departmeal shonhl review the Procedt,re and revise accordingly. l:immce l)cparlmcllt will reviews' ~dd fund authorization amounts and in~ cstigatc if f'umls could be reduced. The County and Finance staffs agreed v~ilh our findings anti recommendations. 16H Petty Cash and Change Funds Compliance Review Audit Report 99-11 Audit Report Ba_..~ro u nd The Clcrk of Court's Finance Director requested that xx'e pctfi)rm an audit of randomly selected County Petty Cash and Change Funds. The request was based on concerns that the Custodians may no! be follov,'ing the County's policies and procedures for the operations of these funds. In June 1993. the Clerk of Court's Finance Department prepared Accounting l'rocedures No. 21- 1 to establish policies and procedures for petty cash and change fund operations, The Finance Department verifies the accuracy and validity of petty cash vouchers and issues checks to replenish tile petty cash funds. Change funds are established anti separated from daily collections which is their source of replenishment, Audit Scope and 31ethodolo.2gX Wc conducted the audit in accord:met with generally accepted government auditing standards. The objective of our review was to determine if tl~e Custodians of the sclectetl funds were tbllowing cstablishcd policies and procedures. Our visits wcrc unannounced. We inten'iewcd the Custodians, inquiri,~g about and observing the procedures used to account for and guard fi~cir respective fund. For petty cash timds, we counted the cash on hand and reviewed outstanding petty cash vouchers. Wc vcrilied that fi~e vouchers plus cash-on-hand iotaled the authorized fund amount. For change funds. we counted the cash on hand and verified that the change fund was separated from the collections at the end of each day. replenishing the fund to its established amount. We obtained a list of authorized individual petty cash and change fumts from the Finance Department. Of Ihe q4 existing indivkhml limds listed. tolnling $1 !.229.46. we randomly selected 9 funds. The selected funds represented 9.6% of the total funds. but denoted 25% ($2.850,02) of tile tola] dollar amount. The selected l~nds, lheir respective locations and authorized amounts included: Type ~ F, nd !.ocation ..Imo,,t l)ctty Cash Emergency Scrvicc~Naples Airport $20().()0 l'ctty Cash I:.vcrgladcs Airport $ I00.0(1 l)etty (.'ashl.ibrary/Main Branch $500.00/5100.00 I)etty Cash l)uhlic Works/Building 11f3rd Floor $300.02 Change I)epartmcnt of Rcvcnue/hnnlokalee I.andfiilS400.00 Change l}cpart,nent of Revenue/Naples LandfillS500.00 Change Parks & Recreation/Vanderbilt Beach $550.00 Change Solid Waste Dept./Naples Transfer $200.00 The resuhs of our review were discussed with the Finance Director as well as tile Fund Directors and respective Custodians. Unless noted. the County and Clerk's staffs agreed with the findings and recommendations. Page I of 8 Petty Cash and Change Funds Compliance Review - Audit Report # 99-11 16H Audit Findings and Reeonm~endations Generally. the Custodians were fullowing the applicable policies and pr,ccdurcs Ibr petty cash and change fired operations. Our counts and tests did not find :my major concerns. We fimnd the following at each respective location: I Emergency Ser~'iees/Naples Airp.r! - Petty Cash Fund of $200 1) There bad been no change to the at,thorized Custodian and .";ub-custodian since last vear's confirmation. A copy of the current Certificate and Rcceipl of Imprest Funds lbrm was tm file at the location and matched the copy at the Finance Department. 2) Only tl~e Custodian and Sub-custodian bnve access to the petty cash tired. 3) Security fi)r business and non-business hours appears adcqtmlc. Cash box. drawer and ()l'llcc are h~cked during non-business hours. Facility is manned 24 h,urs per day. seven days per week. Outside doors of the li~cility use a key-pad entD' during ram-business hours. 4) There was no discrepancy holed with the cash count. 5) Numbered petty cash vouchers are not used. 6) qq~ere was no evidence of: a) Personal checks cashed from fi~c fund. b) IOUs accepted by the Custodian. c) No employee advances given from the fund. ttl Sales tax reimbursed from the fund. e) furchases exceeding lhe $25.00 limit. I) Travel expenses reimbursed from the thnd. Everghules Airport - !'etty Cash Fund of 510(I 1) T]lere has been a change to the authorized Sub-custodian since last ycar's conlirmation. 7 Sub-custodian listed on tilt'. ('erliticate and Receipt of haprest i"untls Ihrm was no longer an employee of the County. A new Sub-custodian had been autht~rized. A copy of the current CcrtilScate anti Receipt (~t' Imprest Funds form was on tile at the I()cation and matched the copy at Ihc Finance l)epartment. We fou~ld that an updatcd R)rm was sent hy Ihc fund's l)ircctor to Finance after the Iicldwork was conducted. We obtained ;1 copy from Finance i~ 3' and noted the change of the Sub-custodian. !? 2) Only the Custodian and Sub-custodian have access to the petty cash fund. } 3} Security tbr business and non-business hours appears adequate. Cash box. drawer and office are locked during non-business hours. 15~1 4) 1'here was no discrepancy noted with the cash count. ~ 5) Numbered petty cash vouchers are not used. The Custodian uses a log to record transactions and bahraces. I'm 6) ~lere was no evidence off ~ m a) Personal checks cashed t}om tbe fired. l~ b) lolls accepted by the Custodian. I;I~ ~) No employee advances give,, fro,n the t~,nd. 1115: ; ' d) Sales tax reimbursed from the lhnd. ~ I~f~?~' e) Travel expenses re, n,bursed from the fund. l'etty Cash and Chant~e Funds Compliance Review - Audit Report # 99~11 1 I I I I I 7} There was one purchase 1547.52). made in March 1998, which exceeded the $25 limit. In addition, the purchase used cash from the established change ~tltld at the Airp, rt. The Custodian indicated that tile purchase was an emergency (impending inclcrr~ctn weather) and there was no time to submit a field purchase order and await the anchor delivery. The Custodian was advised by the Fiscal Manager not to exceed tile $25 limit nor to tlse the change fund fi~r purchases. The change fund cash ,,,,'as replenished by money t?om the petty cash fund. We also reminded the Custodian, as referenced in tile Accounting Procedure 21 - 1. that purchases are not to exceed S25 or use cash from the change fund. 8) The fund balance was low {$3.56). We recommended that the fi. md be replenished as soon as possible. We peril)treed additional inquiry a week later and were advised bv the Custodian that tile papcrw. rk to replenish tile filnd was submitted. I':urthcr investigation of the t~.111d's replenishment hi.st.D' found that the frequency and amounts suppor~ its present arab.fixed amount. .Lil)r:tD'/,Main Br_____:mc ~l -!'cttv Cash Funds of S500 and S100 'lhere had been m) changes to the atttht)rizcd ('ustt)dians and Sub-eraser,aliens of the lxx() pctt cash timds since last ycar's confirnmti()n. A copy of'the ctlrrctll ('crtificatc and Receipt Imprest J:tlIlds tbrm was on file at ti~e location and matched the c~)py :~t the Finance Department. 2) ()nly the ('usl.dian and Sub-custodian have access to the ~'tt3 cash fund. 3) Security fi~r business and non-business hours appears adequate. safe within the Administrative office. There were no discrepancies noted with either cm4~ count. 5) Petty cash v,uci~crs are used: however, they are not num~rcd and arc discarded alicr reimbursement. We found two post-its used. in lieu of the vouchers. in the S[(10 I~nd that noted cash was used fi~r two money orders. The pu~sc of each money order was not provided. We later Ibund that the money orders were u~d fi~r a maga/inc subscription renewal {$5.001 and the replacement of an educational ta~' {$7.95). ,k field purchase order should have been used for the subscription renewal and the purchase of the educational tape. O) There was no cvklence off a) Personal checks cashed from the lhnd. b) IOUs accepted by the Custodian. c) No employee advances given t?onl the Ihnd. d) Sales tax reimbursed t~om the lhnd. l)urchascs exceeding the $25.00 limit. Travel expenses reimbursed I?om the 7} The $500 fired balance was low ($2.50). The Custodian had submitted the paperwork replenish the tim& I!owevcr, we fi)und that the Custodian did not retain a copy o[ the receipts submitted with the paperwork. 8) Ft~rther investigation of both lhnds' replenishment histories fi)und that the frequency alld amounts support their present authorized amounts. PaRe 3 of 8 I Petty Cash and Change Funds Compliance lieview - Audit Itcport # 99-11 I i I I I I 1 I I I Cii¢~l Rexpon.~e(s): 7Yw Cu.wodian and Xub-Cuslodian disagreed with the mufflot's commcnt that afield purchase om&r .~'hould have been used.fl,' the sub.¥cription renewal and the/torchaxe q/'lhe educalitmal ttqw. They italicareal that the two (2) vemh~rs im'oh'cd with tlwse c'x/wndi/urcx require pre-pto,ment and will not accept C'ottnty purchase orders. Th(v stated lh~tt the limeframe. required Io make the [~ltrchaxcx. prev~tkrmcnl. Ibm'ever. recenl use in tram'actiom' such tt.~' these. lite use of the ('mint)' credit card slumhi rc~hwc thc overall number q/'petty cash fired transactimps. l'ublic Works/!luilding !!(~rd,Fhmr - !'c!ty Ca,~h F, und of S300.02 1) There had bccn no change to the authorized Custodian and Sub-oust,dian of the petty cash fired since last ycar's confirmation. A copy of the current Certificate and Receipt of Imprest Funds tbrm was on file at the location and matched the copy at the Finance l)cp;mmcnt. 2) Only tim Custodian and Sub-custodian have access to the petty cash Ihnd. 3) l)uring our visit. we Ibund that the cash box is retained in a non-lockable box. in an unlocked desk and office. The Custodian indicated that she did not have any keys fi~r t}~c box. her desk or office file cabinets. In addition. the office was not locked outside normal business hours because the cleaning personnel would not be able to access the office. We immediately advised the Custodian to store the box in a location that can be locked or place trash receptacles outside the office each night and lock the office door until she can obtain kcys the box, desk and/or office cabincts. l)uring our follow-up investigation. we tkmnd that the Custodian Iotaled a key to an office cabinet and now locks the cash box in a 1ile cabinet in her office during non-business hours. A work order has been submitted to replace the lock at her desk. Wc found an everage of S43.72 in the fimd's cash count. Numbered and signed petty cash vouchers are used and retained with a copy of lhc purchase receipt. 6) There was no evidence o12 a) Personal checks cashcd from the Ihnd. b) l()Us accepted by the Custodian. c) No employee advances given from the fired. d) Sales tax reimbursed l?om the fired. el Purchases exceeding the $25.0{) limit. l) Travel expenses reimbursed I}om the thnd. 7) During our inlcrvicw, the Cuslodian indicated that the [hnd amount may be excessive. Wc discussed the possibility of lowering lt~c lhnd amount to $200. Further investigation of the fimd's replenishment history found lhat the rcplenishment dollar amount had never exceeded S130. with an average of $81.50. The Custodian had discussed lowering the fired amount with the Fund !)ircctor who wishes m keep it at the current authorized amount. Page 4 of 8 I I I I i'clly Cash and Change Funtin Compliance Rcviuw - Audit Report # 99-11 16H (7ie. I Resl~On.ve: /'rocedttres have/wen reviewed and corr¢ctitms have been made. Department of Revenuellmmokalee I,andfill - Change Fund of $400 '1) There has been no change to the authorized Ct,stodian anti Sub-custodian since last year's conllrmation. 2) Only the Custodian and Sub-custodian have access Io the Security for business and nan-business hours appears adequate. 4) There was no discrepancy noted with the fired. No personal checks were cashed nor purchases were made from tile fund. Change tired is replenished from daily collections, Any discrepancy between the daily cash count and collection receipts is reflected in deposit and mn the change fired. Departrecur of l~rveuue/N:tples l.:tntlfiii - Change Fund of $500 There has been no change to tile attthorixcd Ctlstodiall alld %tlb-ctlsh)diall since last vci~r's conlSrnlation. Only the Custodian and Sub-custodian have access to tile limd. Security for business and non-business hours appears adequate. There was no discrepancy noted with fi~e fund. No personal checks were cashed nor purchases were made from the limd. Change fund is replenished from daily collections. 7) Any discrepancy between the daily cash count and collection rcccipls is reflected in lhc deposit and not the change fired. i'arks & !i'.ecreation/Vanderbilt Beach - (,hange Fund of S550 There has been a change to tile authorized Sub-custodian since last ycar's conlirmation. Custodian listed on lhe Ccrtilicale and Receipt of hnprcsl Ftmds fibrin was no hmgcr an employee of Ihc (.'ounty. 2) All park rangers have access to the change tired. 3) Security for business and non-business hours appears ;~dcquate. The cash count revealed Ihnt II~e change fired was $3.25 over. This location uses a machine to count lhe change (quarters). We opine that any overage or shortage of this Rind can be attributed to the change counter. If not adjusted properly and periodically. the machine can miss or double count a coin as it passes through. I:uaher review revealed that the amount of overage or shortage appears to even out on the daily count sheet. The Custodian indicated that he would have the machine attiusted. There were no other discrepancies noted with the fund. 5) No personal checks were cashed nor purchases were made from the fired. 6) Change ftmd is replenished from the master meter twice weekly during off'season and daily during the season. Page 5 of 8 Petty Cash and Change Funds Compliance Review - Audit Report it 99-11 1 .i 7) Any discrep:mcy between the daily cash count and collection receipts is rollcoted in the deposit and not tile change fund. Solid X, Vaste i)e_l)__L/_._N:~cs Transfer- Change Fund of S200 '1) There has been a change to the authorized Custodian anti Sub-custodian since last year's confirmation. The Sub-custodian is no longer a County employee. An updated confirmation has not been submitted to Finance at the time of the drafting of this report. 2) Only tile Custodian now has access to the fund until a Sub-custodian is assigned. 3) Security for business and non-business tmurs appears adequate. 4) There was no discrepancy noted with tile Ihnd. No personal checks were cashed nor pt, rchascs v,'erc made from the I'und. ('hange fund is replenished from daily collections. 7) Any discrepancy between tile daily cash count and collection receipts is relictted in the deposit :red not the change fund. Fin:mcc Department The Accounting Procedure 21-1 was last revised in June 1993. I)iscussions ,,vith Finance l)epartment stalT revealed that l'rocedt,re 21-1 is the only refi2rcncc li~r petty cash and change funds. The Procedure currently advises tile Custodians to replenish tile petty cash fund during tile month of September. During our interviews with the Finance staff li, r exmnplc. we fimnd that tile Procedure should actually instruct tile Custodians to replenish tile fund as needed and at least once per 5'car. September was designated because the end of the County's fiscal year is September 3()t". Also. Finance may want to broaden the list of petty cash restrictions. A review of the Procedure also disclosed that there is little rcfizrcncc to change funds other than in the Policy seclion. items 1 i and 12. Finance should consider revising the Procedures to include applicable directions on change Ihnds. For example. Custodians may need directions on how to process and report overages and shortages on the daily deposits. Although outside the scope of this audit. wc tbund three (3) fund amounts that wcrc of odd l'und amounts. The three fi.mds in question included: 1) Natural Resources/Building II - Petty Cash Fund Account 11001-102600 in the .'mlot, nt of $50,12. 2) Public Works/Bvilding !i/3~a Floor - Petty Cash Fund Account #4OS-102400 in the amount of $300.02. 3) EMS/Building [1/3"~ Floor - l'etty Cash Fund Account #490-I02600 in the amount of $94.32. Client Re~' t~ As mentioned earlier. The Finance Department i.v in agreement with the findings and recommendations. As a reminder to all Fund Directors, sut7~rise cash counts will be perfin'reed on a periodic basis. Firerace has initiated corrective action relative to the i'alle 6 of 8 I I I Petty Cnsh nnd Clmn14e Fund,l Compliance l,~eview - Audit Repnrt # 99-11 l 6H Reconlmendntion.,s: We recommend tile Ibllowing: in late July and early August. an annual request was made by the Finance l)cpartmcnt to the Directors of tile respective timds to confi~ the Cc~ificale and Receipt of Imprest Fund currently on file. The li~rm contains infi~rmation including the authorized Custodinn/Sub- custodian. fired location. I)'pc and amount. Any changes of authorized (~ustoclians/Stfi~- cuslodians or the I'tmd anlot~111 sh.uld bc m~icd tm tim ti~rm. signed by linc I:und I)ircctor. Custodian and Sub-custodian and returned to the Finance l)cpartmcnt. 'Fhc fi~rm is then appr{,vcd by the I:inance Director. authorizing the lkmd's operation. If they have not tlt~ilc hi ready. all Fund I)ireclors and ('ustodiaus should ensure lhnt the ('ertl ticate and Receipt Imprest Fund fi~rm is correct. signed anti returned to the I"inancc l)cpnrtmcnt by September All petty cash locations should use numbered petty cash vouchers to record and maintain Fund purchnscs and reimbursements. The Accotlnting l'roccdurc 21-1 directs the Ctlslodian to prepare a petty cash voucher fi~r disbursement ol' I~mds at the time of expenditure. All vouchers must be signed by the person receiving the cash. Receipts will bc signed and attached to the voucher. Supportive documentation should bc retained lbr nudit l~urposcs. o All Custodians should make a copy of tile receipts and replenishment fi~rm bclbre submitting fi~r petty cnsh t~.,nd replenishment. 'File Finance Department will not replenish lhe fund if the required supportive evidence is not provided. In the event tile receipts were lost, Custodians would have It) recall where tile monies were expended and obtain duplicate purchase receipts befi,re resubmitting liar replenishment. Finance l)cpartmcnt should rcvicxv the I'roccdurc and consider revising I}~c l'roccdurc as suggested previously. Other modifications may include. but are not limited to. the lblloxx additions: Petty cash and change l~mds should Ilol bc used Io ol'l~ct cash ovcrngcs or shortages o1' other limds. Petty cash funds should not be co-mingled with other cash I~mds. I1' it is discovered that a petty cash or change fund has been lost. stolen. t~r misplaced. this information should be reported promptly to the Finance I)ircctor and Director Internal Auditing hy the Fund Director or Custodian. > Memberships. subscriptions. and dues may not be paid from petty cash limds. To ensure that appropriale vendor records are maintained. these expcndilurcs should be processed by submitting a tlcld purchase order. > The Fund Director or designated statT should pcrli)rm periodic surprise cash corrals of their respective funds on a non- routine basis and ensure that the Cuslodian maintains adequate supporting documentation for audit pu~oses. It is necessary ~hat a petly cash Petty Ca.~h and Ch:m~c Funds C.mpliance Review - Audit Report # 99-11 16tl .I I I I I I 1 1 fund be audited to relieve a custodian of hisTher responsibilily whenever there is a change in cu.stodian. Finance l)¢partment should investigate why the three at~rementim~cd funds hax'c ~tltt amounts. In addition. Finance may want to conduel a review of the replenishment history the individual funds and determine whether the timds could be reduced. Auditor's Comment: On September 23.19~9, while confirnfing with Finance on the receipt of coniirmatim~s authorized fired custodians, we found the Ctislodians of the l~vo (2) change lunds fi~r the !mmokalec Landfill were authorized by bolh the Solid Wasle and l)epartmcnt of Revenue Fund l)ircct(~rs. Further invcstigati(m revealed that the salaries of the lhnds' Custodians and Sub- Custodians are paid by [}cpaHmcnt of Revenue while the I.andlill {~pcrations and maintenance arc paid by S~)lid Waste. Although outside the sco~ of this audit. wc opine that the authorizeetlon for a Custodian be under one Fund i)irccmr. 'l'hcrcfi~rc. x~c recommend that Finance. I)cpa~mcnt of Revenue :red Solid Wasic mcct ,,nd tlctcrnfine which l)cp:mmcnt will be responsible ll,r the hnmokalce l.andfill change timds. !'age 8 RESOI,UTION NO. 99-409 161 1 A RF. SOI.UTION OF TIlE BOARI) OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FI.OP, IDA. AU'FI IORIZING THE BORROWING OF NOT F. XCEF. DING 53,060,000 FROM TIlE POOLED COMMERCIAl. PAPF. R I.OAN PROGRAM OF TIIE Fl. ORil)A LO('Ai. (;OVF.!,tNMENT FINANCF. COMMISSION PURSUANT TO T1 IF. TF. RMS OF T! IE LOAN AGRFA:.M ENT B F. TWF. EN T! IE ('OMMISS1ON AND TiiF. COUNTY IN OR[)F.R T() FINANCF. TIlE ACQUISITION, CONSTRUCTION AND F. OUIPi'ING OF A DOMF~STIC ANIMAl. SF.!,',VI('i!S FACII.FI'Y: AUTI IORIZING TI IF. I':XF. CUTI()N OF A IX)AN NOTI/. OR NOTES TO F. VIDENCI:. SUCII ItORROWING: A(iRF. F. ING TO SECURE SUCIi LOAN NOTF. OR N()TES WITI! A ('OVF. NANT TO FIUD(JI:,T AND AI'i'ROPI~,IATF. I.I~.( iAI .I.Y AVAII.ABI,F. Nf)N-AI) VAI.()RI!M I~,F. VIiNUF. S AS I'ROVIDF, D IN Till:. I,OAN AGREF. MF. NT; AUTi!ORIZING T!IF EXECUTION AND DELIVERY OF StK'!i OTIIER DOCtlMENTS AS MAY BF. NECESSARY TO F. FFF. CT SUCI! BORROWING; AND PROVIDIN(; AN F. FFI{('TIVE I)ATF.. lie IT i{ESOI,VE!) BY Till': BO/',IU) OF COUNTY ('O,M,XlISSIONERS OF CO!.!,! ER ('Ot;N'I'Y, FI,()R! !)A: SECTION I. I)EFINITIONS. t h~less the context of use indicatc~, artoliver meaning or intent, the Ik~tlcm'ing words alld terms as used in this Resolution shall haxc the Iblloxving meanings. Capitalized tel'IllS !lOt dclined hc,'cin shall have the meanings ascribed thereto i~ the hereinatier dclined [.otto Agrccnlcnt. "Act" me:ms. collectively. Part I. ('haptot 125. Florida .'qtatutcs, Part 1. ('haptcr 163, Florida Statutes. alld all olhcr applicable provisions of law. "Additional I'ayments" me;ms the payments ccqt,ired to be made by the ('ountv pursuant to Scction.s 5.02(b). 5.02(c). 5.1}21d), 5.05 and 6.(}6(c)of the l,oan ,,\greement. "Board" means the Board of ('ounty Commissioners of the ('ounty. "Chairman" means the Chain'nan or Vice Chairman of the Board, and such other person as may be duly authorized to act on his or her behalf, "Clerk" means tile Clerk of the Circuit Court for the County, ex-officio Clerk of the Board, anti such other person as may be drily authorized to act on his or her behalf. "Commission" means the Florida Local Government Finance Commission. and any assigns or successors Iherelo. "County" means Collier County, Florida, a political subdivision of tile State Florida. "County A(iminislralor" me;ms the Cotmty Administrator of tile County and such other person as may be duly authorized to act on his or her bchalf. "!)esi/4naled Revenues" means (I) I'ublie Agency Moneys budgeted and appropriated for purposes of payment of lhc l.oan Repayments anti any other amounts due t, ndcr the !.oan Agrecmcnt, and (2) tile proceeds of tile !.oan pending the application thereof. "Draw l)ate" has the meaning set forlh in lhe l.oan Agreement. "Finance I)ireetor" means tile Director of Finance anti Accounting and such other person as may be duly authorized to act on his or her behalf. "l.oan No. A-I 2-1" means tile [.oan designated as "l.oan No. ,,\-12-1" tile proceeds of which are to bc used to finance Project A-12. "l,oan" means the loan to bc made by the Commission to tile County f¥om proceeds of lhe Series A Notes in accordance with the lem~s of this Resolution and of the Loan Agreement. "l.oan Agreement" means Ihe l.oan Agreement, dated as of April 12, 1991, between the County and tile ('oremission, as amended and supplemented and as tile same may be ft, rther amended and supplemented. "l,oan Rate" has the meaning set forth in tl~c Loan Agreement. "i,oan Repaymenls" or "Rei)aymenls" means the payments of principal and interest at the Loan Rate on thc Loan amounts payable by the County pursuant to the 1 provisions of the l.oan Agreement and all other paymcnts, including Additional Payments. payable by the County pursttant to the provisions of the Loan Agreement. "Non-Ad Valorem Revenues" means all legally available revenues of the County derived from any source whatsoever other than ad valorem taxation on real anti personal property, which are legally available to make the l.oan Repayments required in the Loan Agreement, but only after provision has been made by the County tbr the payment ofscn'iccs and programs which are for essential public purposes affecting Ihe health. wcllhre and salbty of the inhabitants of the County or which are legally mandated b~, applicable law. "Progr:ini" incans the Pooled ('m'~m~crcial Paper i,oan I'mgram cstahlishcd by tile Commission. "!'reject A-I 2" me;ms fi~c cosIs ;,ml expenses relating to the acquisition. construction and equipping of a domestic animal services fitcility, as the same may he amended or modi fled from time to time, all as more particularly described in the plans and spcci ficalions on file with the County. "i'ublic Agency Nhmeys" shall mean the moneys budgeted and approl)riatcd by the County fi~r payment of the I.oan Repayments and any other amounts tluc hereunder from Non-Ad Valorem Revenues pursuant to the County's covenant to budget and appropriate such Non-Ad Valorem Revenues contained in Scclion 6.04 of the l.oan Agreement. "11,esolulion" means this RoseMien. as tile same may from time to time be amended, modi fled or supplemented. "Series A Nolcs" means the Commission's l'oolcd ('oreinertial Paper Notes. Series A (Governmental Issue), to be issued From time to time by the Commission. The terms "herein." "hereunder." "hercl'Lv, .... hereto," "l'~crcof." and any similar terms. shall rotor to this Resolution; the term "hcrctotbrc" shall mean bctbrc the date of adoption of this Resolution; and the term "hereafter" shall mean after the date of adoption of this Resolution. Words importing the masculine gender include cVcry other gender. Words importing the singular number inch, de the plural number. and vice versa. SECTION 2.AUTIIO!,IITY FOIl. iIESOI.,UTION. This Resolution is adopted purstmnt to the provisions of the Act. SECTION 3.FIN!)!NGS. It is hcrcby asccrtained, determined and declared that: (A) The Commission has been established for the principal purpose of issuing commercial paper notes in order to provide timds to loan to public agencies, such as the County, ticsiring to finance and retinanee the cost of acquiring, constructing and equipping capital improvements and to finance and retinanee other governmental needs. (13) In furtherance of the foregoing, tile Commission shall issue, From time to time, commercial paper notes to be known as "Florida Local Government Finance Commission Pooled Commercial l'apcr Notes, Series A (Governmental Issue)" and shall loan tile proceeds of such Series A Notes to public agencies, including the County. (C) l'ursuant to tile authority of the Act. the Commission has agreed to loan, from time to time, to the County such amounts as shall be authorized herein and in the Loan Agreement in order to enable the County to finance, reimburse or retinanee the cost of acquisition, construction anti equipping of capital improvements. (D) There is prcscntly a nccd by the county to finance Project A-12 and tile most cost-effective means by which to finance Project A- 12 is by the use of moneys obtained pursuant to tile Program by means of the Loan. (I:,) The County hereby determines that tt)c provision of funds by the Commission to the Coullly in the lorn) of I,oan No. A-12-I pursuant to tile terms of the Loan Agreement and tile tinancing of Projecl A-12 will assist in the development and maintenance of the public welfare of the residents of the County, and shall serve a public purpose by improving tile health and living conditions, and providing governmental services. facilities and programs and will promote the most efficient and economical development of such sen'ices. fi~cilitics and programs. (G) Loan No. A-12-I shall be repaid solely from the I)esignatcd Revenues. Such Designated Revenues shall include moneys derived from a covenant to budget and appropriate legally available Non-Ad Valorem Revenues. The ad valorem taxing power of the County will never be ncccssa~ or authorized to make the l,oan i{cpaymcnts. SECTION 4.TERMS OF !,,OANS. The County hereby approves of l,oan No. A-12- 1 in the aggregate amount of not exceeding $3,1)60,000 for the purpose of providing the County with sufficient fi~nds to finance Project A-12. The Clmirman and the Clerk are hereby authorized to execute, seal ;.lilt] tlclivcr cm behalf of tile County a I,oan Note or Notes with respect It) [,oan No. ,,\-12-1 and other docunlcnts, instruments, agreements anti certificates necessary or desirable to cffi2ctuate Loan No. A-12-i as provided in the Loan 4 Agreement. The Loan Note or Notcs with respect to Loan No. A- i 2-1 shall reflect linc tcrms of such Loan and shall be substantially in the form attached to the l.oan Agreement as Exhibit I. The Finance Director shall make the Draw Request or Requests with respect to Loan No. A-12-1 in accordance with the terms of the Loan Agreement at such time as shall be determined by the Finance Director as appropriate to finance Project A-12 anti is perufitted by the Loan Agreement. Loan No. A-12-1 shall mature in ~ccordzmcc with the provisions described in Schedule ! attached hereto. [.oan No. A-12-1 shall bear interest at the Loan Rate in accordance with the terms of tl~c Loan Agreement. The County further agrees to make all I.oan Repayments required of it pursuant to the terms of the Loan Agreement. The l.cttcr of Credit fees Ibr l.oan No. A-12-1 shall be 30 basis points or such other amount as l:irst Union National Bank and the Finance Director shall ~grcc. SECTION 5,AUTiI()!~IIZA'I'I(,~N ()F !%tO,IECT A-12. '1 he ¢'otmty does hcrcby authorixe the acquisition and construction of I'rojcct A-12. SECTION 6, SECURITY FOR Tile IA)AN. The Count.v's obligation to repay l.oan No. A- 12- i will be secured by a pledge ol'and lien upon the l)csignatcd Rcvcnucs i~ accordance with the terms of the Loan Agreement. The obligation of the County to repay Loan No. A-12-I shall not be deemed a pledge of the thith and credit or taxing power of the County and such obligation shall not create a lien on any property whatsoever of or in the Counly otl~cr tt~an the Designated Revenues. SECTION 7.(;ENERAI~ AUTilORITY. The members of the Board and thc officers, attorneys and other agents or employees of the County are hereby authorized to do all acts and things required of them by this Resolution and tl~c l.oan Agreement. or desirable or consistent with the requirements of this Resolution and the l.oan Agreement, t~r the lhll punctual and complete pcrlbrmance of all the temps, covenants and agreements contained in this Resolution and the Loan Agreement, and each member, employee, attorney and officer of the County or its Board is hereby authorized and directed to execute and deliver anv and all papers and inslrumenls and to do and cause to be done any and all acts and things necessary or proper fi)r carrying out the fransactions contemplated by this l{csolution and ti~c l.oan Agreement. SECTION 8,SEVEI~.A!~,ILITY, II'any one or more of the coychants, agrccmcnts or provisions herein contained shall be hckl contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining covenants, agreements or provisions and shall in no way affect tl~c validity of any of the othcr provisions hereof. SECTION 9. REPEAL OF INCONSISTENT RESOLUTIONS. All resolutions or parts thereof in conflict herewith are hereby superseded and repealed to the extent of such conflict. SECTION 10. ~4~ EFFECTIVE DATE. Tlfis Resolution shall lake cffcct immediately upon its ad0~!iom.: ;&., . DULY ADOPTED this 9th_day of November, 1999. (SEAL) LEGAL TO FORM AND BOARI) OF COUNTY COMMISSIONERS OF COI,LIER COUN'i'~', FI.,ORIDA 6 16 PROPOSED LOAN REPAYMENT SCttEDULE SCtiEDULE I The principal of Loan No. A-I 2-1 shall be repaid as follows: December 7, 2004 $3,060,000 " (or such other principal amount · .,~ as is actually borrowed) " ,~ lnteresi on the Loan shall be paid monthly in accordance with the terms and provisions of the Loan Agreement. Additional Payments shall also bc made in accordance with the Loan Agreement. 6J-! RESOLUTION NO. 99- 410 A RESOLUTION AUTHORIZING, AS SERVING A VALID PUBLIC PURPOSE, EXPENDITURES OF FUNDS FOR COUNTY COMMISSIONERS TO ATTEND FUNCTIONS OF FRATERNAL, BUSINESS, ENVIRONMENTAL, EDUCATIONAL, CHARITABLE, SOCIAL, PROFESSIONAL, TRADE, HOMEOWNERS, ETHNIC, AND C1VIC ASSOCIATIONS/ORGANIZATIONS. WHEREAS, Section 112.061, Florida Statutes, establishes guidelines for the payment of travel and other expenditures for public officers, including assignments of official business outside the traveler's regular place of employment; and WHEREAS, it serves a valid public purpose for Board members to attend community functions in order to gather information about County issues and receive input from the public; and, WHEREAS, it is in the best interests of the public for Board members to attend functions of the referenced associations / organizations to keep the public informed as to the legislative process of the County', and WHEREAS, the Board desires to clearly specify the categories of travel and attendance at civic functions which are appropriate for payment in accordance with Florida law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: I. The Board hereby finds that attendance at the functions listed in paragraph 3 hereof serves valid public purposes including, but not limited to: communication with the public, gathering of information about Board issues, and providing feedback to the public about County matters and the legislative process. 2. The amounts to be expended by the County for Board member attendance and/or participation in lhe functions referenced in paragraph 3 shall be budgeted by the Board of County Commissioners. 3. A Board member may seek Board approval for the payment for his/her attendance at functions of fraternal, business, environmental, educational charitable, social, professional, trade, homeowners, ethnic, and civic associations / organizations, provided that said functions reasonably relate io Collier County matters. The attached form entitled "Request for Approval for Payment to Attend Functions Serving a Valid Public Purpose," may be placed on the Board of County Commissioners' Consent Agenda to gain the Board's approval for expenditure of' '~!" County funds to attend particular functions. . This Resolution adopted this .~.day of.i~Aa~.m~r~?__, 1999 after motion, second and majo[ity vote favoring same. DWIGHT E BROCK, Clerk 'Iegal suW~ciency: BOARD OF COUNTY COMMISSIONERS COL.LIaR COUNTY, FLORIDA / // Chief Assistant County Attorney 16J-! COMMISSIONER REQUEST FOR. APPROVAL FOR PAYMENT TO ATTEND FUNCTION(S) SERVING A VALID PUBLIC PURPOSE Pursuant to Resolution No. 99- determined educational, associations / organizations servcs a valid reasonably relate to Collier County matters. In accordance with Resolution No. 99- that attendance at the functions charitable, social, professional, , the Board of County Commissioners has of fraternal, business, environmental, trade, homeowners, ethnic, and civic public purpose, provided that said functions , , ,Commissioner hereby requests that the Board of County Commissioners approve for payment by the Clerk his/her attendance at the following function / event: Function / Event: Public Purpose: Date of Function / Event: Amount to be paid by the County: Mileage: Clack to the Bo&Ed: /XXXX/ Natal 1,egai Advertisement (Display J~dv., location, etc.) REQUEST ~ ~ AZ1V~,R?ISI~ OF PUBLIC H£ARING$ Pieale place the following as a: /_~/ O~hec: 11/28/84~S50 i~ ~e rye. r son: e: · Petition No. (If none~ give brief description): ~95-12~ :~Pettttoner: (Name & address}: Rebert L. I~ane H~..~.~. Hahtea & Associates :nc.~ 115 10 34102 Na le~r tda 34109 Heartnq ~foce: /~ ~C B~ ~hec ~ ' ........................... _ *~~ ..... ~.~ ............................. ~*** ;~ ......................... oc l~ally ~equ[ced / /) / ~ Other :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~et. ~n~ea a~ ~aociate=r. Inc.,..cepceaent~ ~s~ .~ptt=~ Church o{.'Na~l'e~, ¢~e~l~':ak ~h~ E~rst Baptist. Church o[ ~ap~s...~.D ~oc the ~ses o~ ~pcceaainq ~lld[~ heiDht ~eet.to 6~ .~eet [n Tcact '~ ~oC..th.e.~cshjP center a~ to 85 ~eet In Phase ~ ~0~ ?* Tglct '~, [urthe~re~ a museum t~ pr~,~ aa*~n accessory 'use ~or ~r~v l~t~ 0 ?~shtp 49 ~u[ht Ranie 25 Eas[~ Collier ~un[y~ Florida~ conststtn~ o~ 10~ acres Co~an lob ~Cii '' n(l), if any, & pro~s~ hearX~ de[e:/ ,. ~el Pet[rio cl~e ~verttsinq Coat? Yes NO / ~--'~' If yes, what account s~uld ~ char9 . . Division Hea( Date .~un~y Har,a~er List Attach~r ~:(I) _(2)_ A, For ~ear[~s ~fore ~ or BZA: lnitiatt~ ~rnon to co~lete one ~,a~ ~tain DivXet~ He~ · a~roval.~o~e su~t[ttnq [o ~un[y Ha~a~r. N~E~ l.~...l~al docu~nt is involv~ .~. necesaary_l~al_Feyte~ or request for salt is~s~ttt~ to ~unty Attorney ~for~ ~unty Hensgag., The Ha~aqer's Office ~ill distribute copies: '". .... . - to Cleck's O~fice B. ~her ~ari~$:, Inttiatinq Division He~ to a~rove i~ su~it original to Clerk'a O[tlce, ill ~'~ ',' :::::::::::::::::::::::::::::: ........ ' ...... ""'".w:', ............................ . ........... I III ORDINANCE 99- 17 AN ORDINANCF. AMENDING ORDINAN('E NUMBER 91-102, TIlE COLLIER COUNTY LAND DEVELOPMENT CODE, WtlICtl INCLUDES TIlE COMPREtlENSIVE ZONING REGULATIONS FOR 'FILE UNINCORPORATED AREA OF COI.I,IER ('OUNTY, FLORIDA. I~Y AM F, NDING Tt IE OFFICIAL ZONING A'FLAS MAP NUMBERF, D ~)5OlS BY CtIANGING TIlE ZONING CLASSIFICATION OF TItE lIEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS 'FILE FIRS'F BAPTIST CI1URCIt OF NAPI,ES, FOR PROPERTY I,OCATED ON TIIE WEST SIDE OF LIVINGSTON ROAD 0.5 MILES EAS'[' ()F AIRI'ORT-PULLING ROAD (C.R. 31), IN SECTION 1. TOWNS!lIP 49 Sou'rII, RANGE 25 EAST, COI.l.11£R ('OUNTY, FLORIDA, CONSIS'FING OF 100i ACR[..'S: I'ROVIDING FOR TIlE REPF. AL OF ORDINANCI-i NUMBI£R 96-21 AND BY PROVIDIN(i AN F, FFEC'I'IVE DATE. WIIEREAS, Robcrl L. Duane of llole, Monies & Associates, representing First Baptist ('hurch of Naples, pelilioned the Board oF County Commissioners to change tile zoning classification of ~l~c herein described real property; NOW TIIERI.~FORE BE IT ORI)AINI£D 1tY Till! BOARI) ()F COMMISSI()NERS OF ('OLI.II,.'R COUNTY, FI..ORIDA; SECTI N~ The Zoning ('lassification of the herein described real properly Iocaled in Section 1, 'l'ov,-nship 49 South, Range 25 East, ('oilier Courtly. [:1orida. is changed l?om 'Tt.:D" 10 'Tt:D" Plalmcd I'nit l)evclopmcnt in accordance wilh the PUD l)ocumcnl, attached hcrclo ils Exhibit "..V', which is incorporated herein ;lilt[ by reference mndc par! hercoL Tile Official Zoning :\llas Map ntunbcrcd 9501 S, as described in ()rdinnnce Nt:mber 91-102. the Collier Cottory [.aml [)ex,dopment ('ode, are hereby amended accordingly. sE Ordinance Number 96-2 known as the First Baptist Church of Naples PUD. adopted on February 13, 1996 by the Board oFCounty Commissiotlers of Collier County, is hereby repealed in its entirely, SECTION TI IREE; This Ordinance shall become effective upon filing with the Department o1' State. '1.7 B PASSED AND DULY ADOPTED by the Board or County Commissioners oF Collier County, Florida, this ~ day of ~. 1999. !, ATTEST: DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency Marjorie M. Student Assistant County Attorney OR I)INA NCTJI'IJD-~.~$- 12( 1 ) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: PAMELA S. MAC'KIE, Ct lAIRWOMAN 17 PLANNED UNIT DEVELOPMENT DOCUMENT FOR FIRST BAPTIST CIIURCI! OF NAPLES Prepared by: !!OLE, MONTES AND ASSOCIATES, INC. 715 Tenth Street South Naples, FL 34102 January, 1999 HMA File No. 95.12 TABLE OF CONTENTS SECTION I - SECTION II - Page Statement of Compliance ............................................................1 - 1 Property Ownership, Legal Description, Short Title, and Statement of Unified Control ...................................................2 - 1 SECTION Ill ~ Statement of Intent and Project Description ......................................3 - 1 SECTION IV - General Development Regulations .................................................4 - 1 SECTION VI - Permitted Uses and Dimensional Standards .......................................fi - 1 SECTION VI - Environmental Standards ............................................................6 - 1 SECTION VII - Transportation Requirements ......................................................7 - l SECTION VIII - Utility and Engineering Requirements ..........................................8 o 1 SECTION IX - Water Management Requirements .................................................9 - 1 PUD Master Plan EXHIBITS 17B SECTION I Statement of Compliance The development of 100.00:l: acres of property in Section 1, Township 49 South, Range 25 East as a Planned Unit Development, to be known as First Baptist Church of Naples, will be in compliance with the planning goals and objectives of the Collier County Growth Management Plan for the following reasons: 1.1 1.2 The subject property is identified as Urban Residential in the Future l.and Use Element of lhe Growth Management Plan. The Urban Rcsidcntial designation is intended to provide locations for the development of higher densities and intensities of land use. which include both residential development and non-residential development such as community facilities. 1.3 The proposed development consists of a complementary range of community facilities. including a church auditorium, religious education facilities, school and recreation. therefore, they are determined to be consistent with the Collier County Growth Management Plan. 1.4 Provisions have been included within the PUD document to provide two possible means of ingress from both Orange Blossom Drive and Livingston Road to the project. Project phasing will assure adequate traffic circulation and non-substantial impacts to the existing traffic network of the area. 1.5 1.6 1.7 The project shall be in compliance with all applicable County regulations, including the Growth Management Plan. The project will be served by a full range of services and utilities provided by the County. The project will be compatible and complementary with adjacent land uses through the internal arrangement of tracts, the placement of land use buffers, and the proposed development standards contained herein. 1.8 The Planned Unit Development includes open spaces, natural features and a network of onsite lakes, which will serve to enhance the project and improve its compatibility to surrounding properties and land uses. 1.9 All final local Development Orders for this project are subject to the Collier County Concurrency Management System, as implemented by the Adequate Public Facilities Ordinance 1-I 17 SECTION II Property Ownership, Legal Description, Short Title, and Statement of Unified Control 2.1 2.2 Pr.._~.pertv Ownership The subject property is currently owned by the First Baptist Church of Naples, Inc. Le ai D~ Being a part of Section 1, Township 49 South, Range 25 East, Collier County, Florida, more particularly described as follows: COMMENCING at the Southeast corner of Section 1, Township 49 South, Range 25 East, Collier County, Florida; thence run along the East line of said Section 1. North 00/52'40" West !,077.67 feet for a PLACE OF BEGINNING; thence North 89/03' 13" West, 2,746.50 feet; thence North 02/50'06" West, 1,564.94 feet; thence South 89/25'49' East, 2,799.08 feet to the East line of said Section 1; thence along said East line South 00/53'28' East, 1,580.75 feet to the PLACE OF BEGINNING, subject to easements, restrictions and reservations of record, containing I00.00 acres more or less.' 2.3 Short Title This ordinance shall be known and cited as the "First Baptist Church of Naples Planned Unit Development Ordinance". 2.4 Statement of Unified Control It is the intent of the First Baptist Church of Naples to establish a Planned Unit Development on One llundred Acres in Section !, Township 49 South, and Range 25 East in Collier County, Florida. The subject property, as depicted on the PUD Master Plan, is under unified control for the purposes of obtaining PUD zoning. 2-1 1.7 B 3.1 3.2 SECTION III Introduction Statement of Intent and Project Description It is the intent of the First Baptist Church of Naples to establish a Planned Unit Development meeting the requirements as set forth in the Collier County Land Development Code (LDC). The purpose of this document is to set forth guidelines for the future development of the project that meet accepted planning principles and practices. and to implement the Collier County Growth Management Plan. Pr_.Ep.,[ect Description and Phasing The project is comprised of 100.00:!: acres located within the southern half of Section 1. Township 49 South, Range 25 East, approximately one half mile east of Airport Road and one mile north of Pine Ridge Road. Access to the site is provided from both Orange Blossom Drive, a sixty (60) foot right-of-way, running west to a median opening at Airport Road, and Livingston Road, running south to its intersection with Pine Ridge Road. The project will provide a selected range of community facilities. which will include a worship center, schools, pre-school and recreational facilities. which will be necessary and complementary to the principal use of the site. Land Use Plan and Project Phasing The following phasing schedule and development intensities, are approximate and are based on the best information available. Actual development intensity and phasing will be determined based on the availability of need and funding. The PUD Master Plan contains a total of five (5) tracts consisting of recreation, open space, lakes, development areas and street right-of-way. The Master Plan is designed to be flexible with the placement of buildings, tracts and related utilities and water management facilities. More specific commitments will be made at the time of site development plan and permitting approval, based on compliance with all applicable requirements of this ordinance, LDC and local. state and federal permitting requirements. All tracts may be combined or developed separately subject to compliance with the applicable dimensional requirements contained within this document. The anticipated time of build-out of the project is approximately fifteen (15) years from the time of issuance of the first building permit and will consist of two (2) major phases. Phase I, beginning on or about the year 2000, will include the main worship facility, comprising approximately 75,000 S.F. and 60,000 S.F. to 80,000 S.F. for education and administration. Included in this 3-I phase will be a pre-school facility for up to 100 children and a 400-student school. Phase II, will commence on or about the year 2005. It will include expansion of the worship facility and education/administration facility to approximately I20,000 S.I::. each. The capacity of the pre-school facility will be expanded to a total of 200 children and the school to 900 students. Future construoion beyond Phase !I may include future school expansion, a 50-bed (maximum 26 units pei;~cre) adult congregate living facility, a conference center and overnight lodging facilit[ea lot"church conference guests (maximum 40 rooms), a children's home and other accessory uses permitted by the PUD. 3-2 17 SECTION IV General Development Regulations The purpose of this Section is to set forth the development regulations that may be applied generally to the development and use of the First Baptist of Naples Planned Unit Development and Master Plan. 4.1 General The following are general provisions applicable to the PUD Master Plan: Regulations for development of the First Baptist of Naples Planned Unit Development shall be in accordance with the contents of this document, PUD- Planned Unit Development District and other applicable sections and pans of the Collier County Land Development Code and Gro~vth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the County Land Development Code shall apply. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time ofbuilding permit application. All conditions imposed and all graphic material presented depicting restrictions for the development of the First Baptist of Naples Planned Unit Development shall become part of the regulations which govern the manner in which this site may be developed. Unless modified, waived or excepted by this PUD, the provisions of other land development codes where applicable remain in full force and effect with respect to the development of the land which comprises this PUD. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15 of the LDC pertaining to Adequate Public Facilities at the earliest or next to occur of either final SDP approval, or building permit issuance applicable to this development. 4.2 Site Clearing and Drainage Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the Collier County LDC and the standards and commitments of this document at the time of construction plan approval. 4.3 Easements for Utilities Easements, where required, shall be provided for water management areas, utilities and other purposes as may be required by Collier County. All necessary easements, dedications or other instruments shall be granted to ensure the continued operation and maintenance of all services and utilities. This will be in compliance with applicable regulations in effect at the time construction plans and plat approvals are requested. 4.4 Amendments to the Ordinance Amendments to this Ordinance and Master Plan shall be pursuant to Section 2.7.3.5 of the Collier County LDC. as revised. at the time the amendment is requested. 4.5 Pro'ect l~roval Requirements 4.6 Attachment "A". PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to, or concurrent with PUD approval, a Preliminary Subdivision Plat (if required) shall be submitted for the entire area covered by the PUD Master Plan. All division of property and the development of the land shall be in compliance with the subdivision regulations set forth in Section 3.2 of the LDC. Prior to recording of the final subdivision plat (if required), when required by the Subdivision Regulations set forth in Section 3.2 of the LDC, final plans of the required improvements shall receive the approval of all appropriate Collier County governmental agencies to ensure compliance with the PUD Master Plan, the County Subdivision Regulations and the platting laws of the State of Florida. Prior to the issuance of a building permit or other development orders, the provision of Section 3.3, Site Development Plans shall be applied to all platted parcels. Should no subdivision of land take place, Section 3.3 shall be applicable to the development of all tracts as shown on the PUD Master Plan. Provision for Offsite Removal of Earthen Material The excavation of earthen material and its stockpiling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. If, after consideration of fill activities on buildable portions of the project site, there is a surplus of earthen material, offsite disposal is also hereby permitted subject to the following conditions: Excavation activities shall comply with the definition of a 'Development Excavation' pursuant to Section 3.5.5.1.3 of the LDC, whereby offsite removal 4-2 17 4.7 shall not exceed ten (!0) percent of the total volume excavated up to a maximum of 20,000 cubic yards. A timetable to facilitate said removal shall be submitted to the Development Services' Manager for approval. Said timetable shall include the length of time it will take to complete said removal. hours of operation and haul routes. All other provisions of Section 3.5 of the LDC are applicable. Sunset and Monltorin Pro~ The First Baptist Church of Naples PUI.) shall be subject to Section 2.7.3.4 of the LDC, Time !.iraits fi~r Approved PUD Maslcr Plans and Section 2.7.3.6 Monitoring Requirements. 4.8 Po!~ Places 4.9 4.10 Any community recreation/public building/public room or similar common facility located within the First Baptist Church of Naples PUD may be t, sed for a polling place. if determined necessary by the Board of County Commissioners upon recommendation of the Supervisor of Elections in accordance with Section 2.6.30 of the LDC. Native Vegstation The entire area cmnprising the First Baptist Church of Naples has been previously cleared and is currently in an active agricultural state. Division 3.9, Vegetation Removal, Protection and Preservation, is, therefore, not applicable to the development of this site. O__pen~ In addition to the areas designated on the PUD Master Plan as buffers and lakes, open space will be allocated within each subsequent site development plan. Open space may be in tile form of landscaping, additional buffers, passive or active recreation areas and water management facilities. Tile total aggregate of such amenities shall meet or exceed the open space requirements of Sec. 2.6.32 of the LDC. 4.11 S ravi~aeent Farmlands to the South The operation of the Church and various other permitted uses will not disrupt the spraying of said agricultural lands. 4-3 17 5.I 5.3 SECTION V Permitted Uses and Dimensional Standards Purpose The purpose of this Section is to identify permitted uses and development standards for areas within the First Baptist Church of Naples PUD designated on Exhibit 'A'. PUD Master Plan for Tracts A, B, C, D and R. General Descri tplon Tracts A, B. C, D and R as shown on the PUD Master Plan, are designed to accommodate a full range of principal uses, essential services and accessory uses. The approximate acreage of tracts are depicted on the PUD Master Plan. This acreage is based on conceptual designs. Actual acreages of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.3 and Division 3.2 respectively. ,ff the Collier County Land Development Code. All tracts are designed to accommodate internal roadways, parking, open spaces, amenity areas, water management facilities. and other similar uses. Permitted Uses and Structures A broad range of complementary and compatible uses are permitted for the subject property to achieve the projects intended purpose. Group I uses are the most intensive uses and, therefore, are limited to Tract C only. These uses are permitted a maximum height of sixty-two (62) feet for building one (!) and eighty-five (85) feet for building two (2) as depicted on the PUD Master Plan. Group I1 uses are presumed to be lower intensity or transitional uses from Group I uses, therefore, their maximum height is thirty-five (35) feet. More restrictive setbacks from the perimeter of the property are required for certain Group II uses to further enhance compatibility with adjoining properties. A. Prince: 1. Group I Uses - Tract C only. (a) Worship -F_xJucation/ad minist ration (c) Pre-school (d) All Group !l uses. 5-1 Group I! - All other tracts. excep! D. (a) (c) (d) (g) {h) {i) Adult Congregate Living Facility (requires the same procedure for a Conditional Use 2.7.4). Passive recreation. Active recreation* All uses and structures that may be associated with active recreation, including but not limited to gazeboos, bleachers, refreshment stands and fund-raising booths. Children's home. School* Parochial school only. Conference center/Lodging* 40 units maximum at 26 units per acre. t.edging shall be restricted to church conference guests. students and missionary furlough housing only. Cemetery Day-care - only in conjunction with permitted uses. Museum ~l'lease see Development Standards. Any other use, excluding Category I! uses as defined within the Group Care Facility definition of the LDC, which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible. C. Accessory Uses and Structures: Accessory uses and structures. such as caretakers residence, parsonage and storage/maintenance facilities, customarily associated with principal uses permitted within this district. Any other use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible. 5.4 Development Standards A. The following represents the Development Standards for permitted uses and structures: 5.5 lleight Building (I) 62 feet~" Group I Building (2) 85 feet Group I! 35 feet '~' Other structures fifty (50) feet. Setback/Perimeter 25 feet Min. Front Yardo~ 25 feet 25 or 75 feet~2' 25 feet ':' See permitted uses Group 11. Requires seventy-five (75) foot setback from project perimeter for active recreation, school or conference center. ~' From rights-of-way plus one (1) foot for each foot of height over thirty-five (35) feet. Minimum Off-street Parking and Off-street Parking shall be provided for all uses and structures as required in Section 2.3, Off- street Parking and Loading of the LDC. 5.6 Landscaping Landscaping shall be required in accordance with Section 2.4 of the Collier County LDC. In meeting the perimeter buffer requirements, the existing non-native vegetation/citrus trees are permitted to be used in meeting the landscaping requirements, however, additional supplemental native plantings may be required to achieve the intent and purpose of Section 2.4. Perimeter buffers shall not be required during the development of any portion of Tract C, or the construction of any public or private streets within the PUD site. Buffering may be required during the site plan review process of all remaining tracts as determined appropriate by the Development Services Director, based upon the type of use and its proximity to non-agricultural USES, Prior to the development of Building (2), which is permitted a maximum height of eighty-five feet, a twenty (20) foot tall buffer shall be in place arouud the perimeter of the property meeting or exceeding the requirements of section 2.4 of the LDC. 5-3 Lighting shall be located so that no light is aimed directly toward a property designated residential, which is located within two hundred (200) feet of the light source. Signage shall be allowed as provided for within Section 2.5 Signs of the LDC. 5.9 Accessory .Use and Structures Development standards for accessory uses and structures shall be the same as for permitted uses within the corresponding Principal Use Group. $-4 SECTION VI Environmental Standards The purpose of this Section is to set forth the environmental commitments of the Project Developer. 6.2 Petitioner shall be subject to the Collier County Comprehensive Plan Policy 12.1.3 contained in the Conservation and Coastal Management Element (discovery of a archaeological or historical site. artifact or other indicator of preservation). Petitioner shall obtain and submit documentation of all necessary local, state and federal permits. 6.3 The applicant shall be subject to all environmental ordinances in effect at the time of development order approvals. 6-1 SECTION VIi Transportation Requirements The purpose of this Section is to set forth the transportation commitments of the project development. 7. I The developer shall provide arterial level street lighting of the project entrance. Said lighting shall be in place prior to the issuance of any Certificate of Occupancy, 7.2 The road impact fee shall be as set forth in Section 4.1 of the LD¢;, as amended. and shall be paid at the time building permits are issued, unless otherwise approved by the Board of County Commissioners, The First Baptist Church of Naples shall reserve a maximum of 275 feet along the eastern boundary of the project for the future widening of Livingston Road and associated water management requirements, Right-of-way for the extension of Orange Blossom Drive will be included within the boundary of the project (a portion of the right-of-way will be included within the Oak Grove PUD as noted on the PUD Master Plan (Exhibit A)). At the time that legal access is available to Orange Blossom Drive outside the boundary of the project this roadway may be used for access and improved by the First Baptist Church to County Collector Road standards. Such improvements may be eligible for impact fee credits. Donation of said right-of-way easement and the calculation of road impact fee credits shall be made in accordance with the provisions and requirements of Section 2.7,2.8, I Dedication of the public facilities and develo me~ nt of ~rescribed amenities of the Collier County Land Development Code and the Collier County Road Impact Fee Ordinance. In the event the property is developed at the time of the dedication and road impact fees were paid for the development and/or the anticipated amount of road impact fees for the ultimate development of the property are less than the value of the property dedicated to the County pursuant to this provision, the County shall pay to the property owner the difference at the time of conveyance of the property to the County. By way of example, if the value of the property dedicated to the County equals $100,000 and the total road impact fees to be generated from the property equals $50,000, the County shall pay to the property owner at the time of the conveyance, the amount of $50,000. 7,3 Internal access improvements shall not be subject to impact fee credits and shall be in place before any certificates of occupancy are issued. 7.4 All traffic control devices used shall conform with the Manual on Uniform Traffic Control Devices as required by Chapter 316.0745, Florida Statutes. 7.5 Connections onto Livingston Road: (a) The Orange Blossom Drive connection shall be a full median access. (b) The major entry (central connection) shall be a full median access. 7-1 (c) (d) The secondary entry (south connection) shall be a controlled median access. All median openings and driveway locations shall be in accordance with the Collier County Land Development Code and Access Management Policy, as they may be amended. Median access and control shall remain under County control unless established via a right-of-way agreement between the Board of County Commissioners and the developer. SECTION VIII Utility and Engineering Requirements The purpose of this Section is to set forth the utilities and engineering commitments of the project developer. 8.1 Utilities A. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by.the County in accordance with the County's established rates. Should the County not be in a position to provide sewer service to the project, the sewer customers shall be customers of the interim utility established to serve the project until the County's offsite sewer facilities are available to serve the project. C. i Prior to approval of construction documents by the County, the developer must present verifieatlon pursuant to Chapter 367, Florida Statutes, that the Florida Public Service Commission has granted territorial rights to the developer to provide sewer service to the project until the County can provide these services through its sewer facilities. D. The utility construction documents for the project's sewerage system shall be prepared to contain the design and construction of an ohsitc force main, which will ultimately connect the project to the future central sewerage facilities of Collier County. The force main must be interconnected to the pump station with appropriately located valves to permit for simple redirection of the project's sewage, when connection to the County's central sewer facilities becomes available. E. Prior to or at the time of submission of construction plans and final plat for the project, the potable water supply from the Collier County Water-Sewer District to serve this project shall be installed adjacent to the property and be in service. 8.2 Fm i~~ A. Detailed paving, grading, site drainage and utilit), plans shall be submitted to the Development Services Department for review. No construction permits shall be issued unless and until approval of the proposed construction, in accordance with the submitted plans, is granted by the Development Services Department. '1.7 B Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County LDC. Subdivision of site shall require platting in accordance with Section 3.2 of LDC to define the right-of-way and tracts shown on the PUD Master Plan. The developer and all subsequent petitioners are hereby placed on notice that they shall be required to satisfy the requirements of all County ordinances or codes in effect prior to or concurrent with any subsequent development order relating to this site, including but not limited to Preliminary Subdivision Plats, Site Development Plans and any other application that will result in the issuance of a final or final development order. 8-2 SECTION IX Water Management Requirements The purpose of this Section is to set forth the water management commitments of thc project developer. Detailed paving, grading and site drainage plans shall be submitted to the Development Services Department for review. No construction permits shall be issued unless and until approval of the proposed construction, in accordance with the submitted plans, is granted by the Development Services Department. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier Count LDC, except that excavation for water management features shall be allowed within twenty (20) feet from side, rear or abutting property lines. Landscaping shall not be placed within the water management areas unless specifically approved by the Development Services Department. The wet season water table elevation shall be established at the time of South Florida Water Management District permitting. 9-1 1.7 <~ zz October 18, 1999 Ms. Pam Petrel1 Na91es Daily News 1075 Central'~Avenue Na91es, F10=ida 34102 Re: Notice of Public Hearing to Consider Petition PUD-95o12 (1) ~ar Pa~: Please advertise the above referenced notice on Sunday, October 24, 1999, and kindly send the Affidavit of Publication, in ~.duplicate, together with charges involved to this office. you. Sincerely, Ellie Hoffman, Deputy Clerk Charge ~o: 113-138323-649110 17 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice~is hereby given that on TUESDAY, NOVEMBER 9 1999, in the ,~3rd Floor, Administration Building, Collier County Center, 3301 Bast Tamiami Trail, Naples, Florida, the Board County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the )roposed Ordinance is as follows: LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING '/~i REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA ~i BY AMENDING THE OFFICIA~ ZONING ATLAS MAP NUMBERED 9501S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO 'PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE FIRST BAPTIST CHURCH OF NAPLES, FOR PROPERTY LOCATED ON THE WEST SIDE OF LIVINGSTON ROAD 0.5 MILES EAST OF AIRPORT-PULLING ROAD (C.R. 31), IN SECTION 1, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 100+ ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 96-2; AND BY PROVIDING AN EFFECTIVE DATE. Petition No. PUD-95-12(1), Robert L. Duane, A.I.C.P., of Hole, Montes and Associates, Inc., representing First Baptist Church of [Naples, requesting an amendment to the First Baptist Church of Naples PUD for the purposes of increasing building height in Phase One from 50 feet to 62 feet in Tract "C" for the worship center and to 85 feet in iPhase Two for a new worship center in Tract "C", furthermore, a museum ~'is proposed as an accessory use for property located 0.5 miles east of Airport-Pulling Road on Orange Blossom Drive and the west side of Livingston Road. /~i i Copies of the proposed Ordinance are on file with the Clerk to the ~]? Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE, All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an · organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will ;come a permanent part of the record. Any person who decides to a99eal a decision of the Board will need of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the 9roceedings is made, which includes the testimony and evidence u9on which the a99ea1 is based. OF COt~NTY COMMISSIONERS COLLIER COUNTY, FLORIDA S. MAC'KIE, CHAIRWOMAN DWIGHT E. BROCK, CLERK ,/s/E11ie Hoffnmn, Depu=y Clerk [SEAL) ~ EI!ie J. Hoffman ' System Adminislralor [postmaster~CNDM02,ScrlppsHoward.com] :~'~ Monday, October 18, 1999 11:58AM : ',~'~ Ellle. Hoffmon~g:lertr.colller. fi.us :~:. Delivered: Petition PUD-95-12(1) <<PetiUon PUD.95-12(1)>> Your message Pen'ell, Pamela Petition PUD-95.12(1) Sent: 18 Oct 1999 11:45:21 -0400 following recipient(s); Pamela on Mon, 18 Oct 1999 11:44:37.0400 : MSEXCH:MSExchangeMTA:NODM02;NONT01 From: Sent: ' : ' :act: r~ 17 B' First Baptist Church of Naples 1595 Pine Ridge Road Naples, FL 34109 Re: Notice of Public Hearing to Consider Petition PUD-95-12(1) Dear.Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 9, 1999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October, 24, 1999. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ellie Hoffman, Deputy Clerk Enclosure October 18, 1999 17 Mr. Robert L. Duane Hole, Montes & Associates, Inc. 715 10~ Street South Naples, FL 34102 Re: Notice of Public Hearing to Consider Petition PUD-95-12(1) Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, 9, 1999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October, 24, 1999. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ellie Hoffman, Deputy Clerk Enclosure NapLes Dei[y#M Afftcbvtt of ~ttcatton BOARD OF CC2Ut~rY COI~1ISRIOfiERS ATTN: TOffYA PHLLLIPS PO BOX &130~6 NAPLES FL 3/.101-30/6 REFERENCE: 001~0 11313832~6~91 PUD-9~-I~(1) NOTXCE of FLorida of CoLLIer the u~derstgned euthortty, persoMtty Assistant Corerire Sicerte~ of ~etLy NWl, i ~tLy ~r ~Lts~ tn CoLLier ~ty, FLorl~: t~t t~ · of ~virttmt~ vie ~ttl~ in tl{d I ~r MLtM ~t ~t., in ~10 ~FLo~td, ~ t~t t~ litd fr ~i ~retof~e ~ ~tt~tty ~ In,~ld ~LLt~ C~t~, FLorI~, etch at th ~st office tn ~tes, tn lifd , C~t~, FLort~, for I ~t~ of I ~P ~xt prec~t~ the ftr~t ~Ltcetf~ of t~ ittlc~ c~ o~ ~er~tlWC; ~ Iff~t furt~r lays t~t the ~l neither ~td ~r firm or ~ritt~ i~ or ref~ fop the lecurl~ th(~ ~ertJ~t for ,(~tt~ In t~ Mid ~t~r. 178 ORDINANCE AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102. TIlE COLLIER COUNTY LAND DEVELOPMENT CODE, WtlICtl INCLUDES TIlE COMPREHENSIVE ZONING REGULATIONS FOR 'FILE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA. BY AMENDING TttE OFFICIAL ZONING ATLAS MAP NUMBERED 9501S IW CilANGING Tile ZONING CLASSIFICATION OF Tile lIEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS TIlE FIRST BAPTIST C!tURCH OF NAPLES. FOR PROPERTY LOCATED ON TIlE WEST SIDE OF LIVINGSTON ROAD 0.5 MILES EAST OF AIRPORT-PULl. INC; ROAD (C.R. 31 ). IN SECTION 1. TOWNSIIIP 49 SOUTtl, RANGE 25 F. AST. COL!.IFR COUNTY. FLORIDA. CONSISTING OF IOfY~: ACRES; PROVIDING FOR 'Fill:. RF. PEAL OF ORDINANCE NUMBER 96-2; AND BY I,ROVIDING AN EFFF. CTIVE DATE. 178! WHEREAS, Robert L. Duane of tlolc, Montes & Associates, rcpmscnting First Baptist Church of Naples, pclitioncd Ihc Board of County Commissioncrs to change thc zoning classification of the hcrcin dcscribcd real properly; NOW TIIEREFORE BE IT ORDAINED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COLI.IER COUNTY. FI.ORIDA; The Zoning Classification of the herein described real propcny Iocaled in Section !, Township 49 South, Range 25 East. Collier County. Florida. is changed from "PUD" to "PUD" Planned Unit Development in accordance with the I'til) l)ocumcnl. attached hereto as Exhibi! "A". which is incorporated hcrcin and hv reference made part hereof. The Official Zoning Alias Map numbered 9501S, as described in Ordinance Number 91-102. the Collicr County l.and Dcvcloprncnt Code. are hereby amended accordingly. E C T.~..~ _L0..~..T. ~.~ Ordinance Number 96-2 known as the First Baptist Church of Naples PUD. adopted on February 13. 1996 by the Board of County Commissioners of Collier County. is hereby repealed in its entirety. ' This Ordinance shall become cffcctivc upon filing with the Departmcnt of State. PASSED AND DULY ADOPTED by lhc Board o£ County Commissioncrs of' Collier County, Florida, this a~t~day of ~}, ~ 1999. ATTEST: DWIGHT E. BROCK. Clerk !t,,is ,to 'cl/ tr .'s :orm and Legal Sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA I ,PAMELA S. MAC KIE, CHAIRWOMAN Mar~0~i~ M. S{u~len( Assistant County Attorney ORDINANC -E/PUD-95-12( I ) T17 FIRST BAPTIST CHURCH OF NAPLES AN APPLICATION FOR PLANNED UNIT DEVELOPMENT Prepared by: IIOLE, MONTES AND ASSOCIATES, INC. 715 Tenth Street South Naples. FL 33939 November. 1999 lIMA File No. 95.12 TABLE OF CoIVrENTS SECTION i - SECTION I1 - Page Statement of Compliance ............................................................I - 1 Property Ownership. Legal Description, Short Title, and Statement of Unified Control ...................................................2 - 1 SECTION III - Statement of Intent and Project Description ......................................3 - 1 SECTION IV - General Development Regulations .................................................4 - 1 SECTION VI - Permitted Uses and Dimensional Standards ......................................5 - ! SECTION VI - Environmental Standards ............................................................6 - 1 SECTION VII - Transportation Requirements ......................................................7 - 1 SECTION VIII - Utility and Engineering Requirements ..........................................$ - 1 SECTION IX - Water Management Requirements .................................................9 - I EXI!IBITS PUD Master Plan .......................................................................................Exhibit "A" 17 SECTION I Statement of Compliance The development of 100.00~: acres of property in Section 1, Township 49 South. Range 25 East as a Planned Unit Development, to be known as First Baptist Church of Naples. will be in compliance with the planning goals and objectives of the Collier County Growth Management Plan for the following reasons: I.I The subject property is identified as Urban Residential in the Future Land Use Element of the Growth Management Plan. 1.2 The Urban Residential designation is intended to provide locations fi.)r the development of higher densities and intensities of land use, which include both residential development and non-residential development such as community facilities. 1.3 The proposed development consists of a complementary range of community facilities. including a church auditorium, religious education facilities, school and recreation. therefore, they are determined to be consistent with the Collier County Growth Management Plan. 1.4 Provisions have been included within the PUD document to provide two possible means of ingress from both Orange Blossom Drive and Livingston Road to the project. Project phasing will assure adequate traffic circulation and non-substantial impacts to the existing traffic network of tile area. 1.5 The project shall hc in compliance v,'ilh all applicable County regulations, including the Growth Management Plan. 1.6 The project will be served by a full range of services and utilities provided by the County. 1.7 Tile project will he compatible and complementary with adjaccnl land uses through the internal arrangement of tracts, the placement of land use buffers. :red the proposed development standards contained herein. 1.8 The Planned Unit Development include,~ open spaces, natural lealures and a network of ohsitc lakes, which will serve to enhance the projt:ct and improve its compatibility to surrounding properties and land uses. 1.9 All final local Development Orders for this project are subject to the Collier County Concurrency Management System, as implemented by the Adequate Public Facilities Ordinance I-I 178 SECTION II Property Ownership, Legal Description, Short Title, and Statement of Unified Control 2.1 Pro rt' Ownershi The subject property is currently owned by the First Baptist Church of Naples. Inc. 2.2 Le al~ Being a part of Section l, Township 49 South, Range 25 East, Collier County, Florida, more particularly described as follows: COMMENCING at the Southeast comer of Section 1, Township 49 South. Range 25 East, Collier County, Florida; thence run along the East line of said Section 1, North 00/52'40" West 1,077.67 feet for a PLACE OF BEGINNING; thence North 89/03' 13" West, 2,746.50 feet; thence North 02/50'06" West, 1,564.94 feet; thence South 89/25'49" -East, 2,799.08 feet to the East line of said Section I; thence along said East line South 00/53'28" East, 1,580.75 feet to the PLACE OF BEGINNING. subject to easements. restrictions and reservations of record, containing 100.00 acres more or less. 2.3 Short Title This ordinance shall be known and cited as the "First Baptist Church o£ Naples Planned Unit Development Ordinance'. 2.4 Statement of Unified Control It is the intent of the First Baptist Church of Naples to establish a Planned Unit Development on One Hundred Acres in Section 1, Township 49 South, and Range 25 East in Collier County, Florida. The subject property, as depicted on the PUD Master Plan, is under unified control for the purposes of obtaining PUD zoning. 2-1 SECTION III Statement of Intent nnd Project Description 3.1 Introduction It is the intent of the First Baptist Church of Naples to establish a Planned Unit Development meeting the requirements as set forth in the Collier County Land Development Code (LDC). The purpose of this document is to set forth guidelines for the future development of the project that meet accepted planning principles and practices. and to implement the Collier County Growth Management Plan. 3.2 Project Description and Phn.~lng The project is comprised of I00.00:!: acres located within the southern half of Section !. Township 49 South, Range 25 East, approximately one hall' mile east of Airport Road and one mile north of Pine Ridge Road. Access to the site is provided from both Orange Blossom Drive, a sixty (60) foot right-of-way, running west to a median opening at Airport Road, and Livingston Road, running south to its intersection with Pine Ridge Road. The project will provide a selected range of community facilities. which will include a worship center, schools, pre-school and recreational facilities. which will be necessary and complementary to the principal use of the site. 3.3 Land Use Plan and Project Phasing The fidlowing phasing schedule and development intensities. are approximate and are based on the best information available. Actual development intensity and phasing will be determined based on the availability of need and funding. Tile PUD Master Plan contains a total of five (5) tracts consisting of recreation. open space. lakes, development areas and street right-of-way. The Master Plan is designed to be flexible with tile placement of buildings. tracts and related utilities and water management facilities. More specific commitments will be made at the time of site development plan and permitting approval. based on compliance with all applicable requirements of this ordinance. I.DC and local. state and federal permitting requirements. All tracts may be combined or dcvcloped separately subject to compliance with the applicable dimensional requirements contained within this document. Tile anticipated time of build-out of tile project is approximately fifteen (15) years from the time of issuance of the first building permit and will consist of two (2) major phases. Phase I, beginning on or about the year 2000, will include the main worship facility. comprising approximately 75,000 S.F.. and 60,000 S.F. to 80,000 S.F. for education and administration, a pre-school facility for up to 100 children, and a 400-student school. 3-1 Phase II, will commence on or about the year 2005. It will include expansion of the worship facility and education/administration facility to approximately 120,000 S.F. each. The capacity of the pre-school facility will be expanded to a total of 200 children and the school to 900 students. Future construction beyond Phase II may include future school expansion, a 50-bed (maximum 26 units per acre) adult living facility, a conference center and overl~ight lodging facilities for church conference guests (maximum 40 rooms), a children's home and other accessory uses permitted by the PUD. 3-2 SECTION IV General Development Regulations The purpose of this Section is to set forlh the development regulations that may be applied generally to the development and use of the First Baptist of Naples Planned Unit Development and Master Plan. 4.1 General The following are general provisions applicable to the PUD Master Phm: Regulations for development of the First Baptist of Naples Planned Unit Development shall be in accordance with the contents of this document, PUD- Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Where Ihese regulations fail to provide developmental standards, then the provisions of the most similar district in the County Land Development Code shall apply. Unless otherwise noted. thc definitions of all terms shall be the same as the definitions set forth in the LDC in effcct at the time of building permit application. Co Do All conditions imposed and all graphic matcrial presented depicting restrictions for the development of the First Baptist of Naples Planned Unit Development shall become part of the regulations which govern the manner in which this site may be developed. Unless modified. waived or excepted by this PUD, the provisions of other scctions ofthe Land Development Code. where applicable. remain in full force and effect with respect to the development of the land xvhich comprises this PUD. Dcvclopmcnt permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15 of the LDC pertaining to Adcquale Public Facilities at the earliest or next to occur of either final SDP approval. or builtling permit issuance applicable to this development. 4.2 Site Clearing and Drainage Clearing, grading, earthwork, and site drainage work shalt be performed in accordance with the Collier County LDC and the standards and commitments of this document at 4-1 the time of construction plan approval. 17 4.3 Easements for Utilities 4.4 -Easements. where required, shall be provided for water management areas, utilities and other purposes as may be required by Collier County. All necessary easements. dedications or other instruments shall be granted to ensure the continued operation and maintenance of all services and utilities. This will be in compliance with applicable regulations in effect at the time construction plans and plat approvals are requested. Amendments to the Ordinance Amendments to this Ordinance and Master Plan shall be pursuant to Section 2.7.3.5 of the Collier County LDC, as revised, at the time the amendment is requested. 4.5 Project Plan Approval Requirements Attachment "A'. PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to. or concurrent with PUD approval, a Preliminary Subdivision Plat (if required} shall be submitted for the entire area covered by the PUD Master Plan. All division of property and the development of the !and shall be in compliance with the subdivision regulations set forth in Section 3.2 of the LDC. Prior to recording of the final subdivision plat (if required), when required by the Subdivisinn Regulations set forth in Section 3.2 of the LDC, final plans of the required improvements shall receive the approval of all appropriate Collier County governmental agencies to ensure compliance with the PUD Master Plan, the County Subdivision Regulations and the platting laws of the State of Florida. Prior to the issuance of a building permit or other development orders, the provision of Section 3.3. Site Development Plans shall be applied to all platted parcels. Should no subdivision of land take place. Section 3.3 shall be applicable to the development of all tracts as shown on the PUD Master Plan. 4.6 Provision for Offsite Removal of Earthen Material The excavation of earthen material and its stockpiling in prcparati,,n of water management facilities or to otherwise develop water bodies is hereby permitted. If. after consideration of fill activities on buildable portions of the project site. there is a surplus of earthen material. offsite disposal is also hereby permitted subject to the following conditions: Excavation activities shall comply with the definition of a "Development Excavation" pursuant to Section 3.5.5. !.3 of the LDC, whereby offsite removal 4-2 4.7 shall not exceed ten (10) percent of the total volume excavated up to a maximum of 20,000 cubic yards. A timetable to facilitate said removal shall be submitted to the Development Services' Manager for approval. Said timetable shall include the length of time it will take to complete said removal. hours of operation and haul mutes. C. /,,11 other provisions of DMsion 3.5 of tl~e I.DC are applicable. Sunset and Monitoring_.~visions The First Baptist Church of Naples IqlD shall be subject to Seelion 2.7.3.4 or the LDC. Time l.imits for Approved PUD Master Plans and Section 2.7.3.6. Monitoring Requirements. 4.8 Polling Places 4.9 4.10 Any community recreation/public building/public room or similar common facility located within the First Baptist Church of Naples PUD may be used for a polling place, if determined necessary by the Board of County Commissioners upon recommendation of the Supervisor of Elections in accordance with Section 2.6.30 of the LDC. Native Vegetation The entire area comprising the First Baplisl Church of Naples has been previously cleared and is currently in an active agricultural state. In addition to the areas designated on the PUD Master Plan as buffers and lakes. open space will be allocated within each subsequent site development plan. Open space may be [n the form of landscaping. additional buffers. passive or active recreation areas and water management facilities. The total aggregate of such amenities shall meet or exceed the open space requirements of Sec. 2.6.32 of the LDC. 4.11 Sra i~acent Farmlands to the South The operation of the Church and various other permitted uses will not disrupt the spraying of said agricultural lands. 4-3 5.1 SECTION V Permitted Uses and Dimensional Standards Pu~ The purix~sc of this Section is to identify permitted u~'s and development standards for areas within the First Baptist Church of Naples PUD designated on Exhibit "A". PUD Master Plan fi~r Tracts A, B, C, D and R. General Descri tpion Tracts A, B. C, D and R as shown on the HID Masler Plan. are designed to accommodate a full range of principal u~s. essential services and accessory uses. The approximate acreage of tracts are depicted ,,n the PUD Ma.,ter Plan. This acreage is based on conceptual designs. Actual acreages of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.3 and Division 3.2 respectively. of the Collier County Land Development C~xle. All tracts are designed to accommodate internal roadways, parking. open spaces, amenity areas, water management facilities, and other similar uses. 5.3 Permitted Uses and Structures A broad range of complementary and compatible uses are permitted for the subject property to achieve the projects intended purpose. Group I uses are the most intensive uses and, therefore, are limited to Tract C only. These uses are permitted a maximum height of sixty-two (62) feet for Building One and eighty-five {83) feet for Building Two as depicted on the PUD Master Plan. Group II uses are presumed to be lower intensity or transitional uses from Group I uses. therefore. their maximum height is thirty-five (3:5) feet. More restrictive setbacks from the perimeter of the property are required for certain Group II uses to further enhance compatibility with adjoining properties. A. Principal Uses: 1. Group I Uses - Tract C only, Worship (h) Education/administration (c) Pre-school All Group II uses. 5-1 2. (in,up il - All other Iraels, excepl I), (~) (l'~ Adult l.i:'ing Fat:lily trcquircs tile same prncedure t'4)r Condilional Use. Sccti(m 2.7.4 of Ihc l.and I)cvclopmcni ('~c). Passive recreation. Active recreation* All uses and slructures that nla~' he ass~ciated with active recreation. inchiding but not limited Io gazebos. bleachers. rctYeshment stands and fund-raising hoolhs. Children's home. Sch~)l* Parochial sch~ol only. ('onferencc ccnlcr/l.~lging* 40 ~nils maximum at 2h units per :icrc'. I.odgin~ ~hall be restricted to church contcrcn~'c sludcnls and n~i~i.nilry I'urh)ugh housing ( 'cmctcry l)ay-carc - Ollly ill c~)l]jil!iC[ion wi[h permilled usc~. ' I)lcasc sec I)cveh)pmenL Sland:lrds. Any .lhcr use. excluding ('atcg{~ry !I uses a~ defined ~vilhin tl~c (iroup ('are !:uciliLv deftnil:on of the !.1)( '. which is comparable in nanire with the foregoing u,~cs :red v;hich ~hc I)cvclnpment Services !)ireclot determines I. hc compa!ihlc. Acccss~ry t Iscs and Strutlures: ..\cces~($ry uses and ~lructures. such as caretakers residence.. parsonage and st(~r:l~c/nl:linlen:mcc I.',cililics, CUSl()nlarily a%s(~cialed wi[h principal ilscs permitted xvilhin this dislricl. .\ny .111cr use ~%hich is c()mparahlc in I!;11utc with [hc h)rcl~(~ing u~cs and ~hich Ihc l)~:vcl.pnlcn! Serx ices !)irccl.r dclerminc,, l()he c.mpatihlc. 17B .5-2 5.4 5.5 Dcvelo.pmcnt Standards The tifflowing represents tile i)evelopment Slandards for permitted uses and structures: (;r.up ! Group I! lidgilt Building One 62 feet,~' Building Two 85 feet 35 feet Setback/Perimeter 25 feet 25 or 75 feet':' Min. Front Yar(I,~, 25 feet 25 feet "' Other structures fifty (50) feet. ':' See permitted uses Group II, Requires seventy-live (75) fi)ot setback from project perimeter fi~r active recreation, school or conference center. rs, From righis-of-way plus one (1) foot for each foot of height over thirty-five (35) Ibct. Minimum Off-street Parking a,ld Off-street Parking shall he provided for all uses and structures as required in Section 2.3. ()ff- street Parking and Loading of the LDC. 17 5.6 !2mds~ I.andscaping .,,h:fll he required in :,cooed:race with Section 2.4 or' the ('oilier County I.I)C. In meeting the perimeter buffer requirements. tile existing ram-native vegetation/citrus trees are permitted to he used in meeting tile landscaping requirements. however. addition:,l supplemental native plantings m:,y he required achieve the illtent and purpose of Section 2.4. Perimeter buffers shall not he required during the development of any portion of Tract C, or the construction of any public or private streets within the PUD site. Buffering may he required during the site plan review process of all remaining tracts as determined appropriate by the Development Services Director. based upon the type of use and its proximity to non-agricultur:d USES. Prior to the development of Building 'two. which is permitted a maximum height of eighty-five feet, a twenty (20) foot tall buffer shall be in place around the perimeter of tile property meeting or exceeding the requirements of Section 2.4 of the 5-3 5.7 5.8 5.9 17' Lighting shall be located .no that no light is aimed directly toward a property designated residential. which is located within two hundred (200) feet of the light source. si_, Signage shall be allowed as provided for within Section 2.5 Signs of the !.1')('. Accessory Use and Structures Development standards for accessory uses and structures shall be Ihe same as for permitted uses within the corresponding Principal Use Group. SECTION V! Environmental Standards 'l'l]e purp(~se (~f this Sccti(~n is to set forth the environmental commitments of the Project Developer. 6.1 Petitioner shall be subject t() the (',oilier C(~unly Comprcbensivc Plan P(~licy 12. I. 3 contained in ihe Conservation and ('~astal Management Element (discovery of a archaeological (~r hist~rical nile. artil'acl or other indicator of preservation). 17 6.2 Petitioner .~hull (~htain and submit d(v,:umenlation or all necessary I~)cal. state and federal permits. 6.3 The applicant shall be subject to all ¢nvir(,nnental <~rdinanccs in effect at the time: ~1' development order approvals. 17B .",;ECTi ON VII Trnn,Kimrtnlinn Requiremenl~ The purpose of lhi,, Sectbin ix to set I'.rlh the transport:libra ctmunJtnlent% of the project development. 7. I The devel.pur shall provide arterial level ~lrccl lighting ~fl' the project erarance. lighting shall he hi place pri.r l. the issu;tncc of any ('ertific~lte .f ()coupant)', 7.2 The r(~;id impact Ice ~hall he a~ ~et torlh i~t Sect i.n 4.1 (fl' the 1.1)('. a~ alllcltdcd. ~hall ~ paid ~ Ih~ lime building pcrmil~ arc i~ued. tmlc~ olhcrx~i~c approved by Ihc The I:ir~t Ilap~i~ ('hutch ~lmll reserve 2?5 l~'ul ah~ Ihe c';ihlcrll h.tmdar~ .f pn~jt'cl t.r Ihc lulure ~s'itlt'ning .f I.ivillgsll~11 r(,t~d alld associ;lled water reqtlJrcltlelllS. This reqllJrgmt'111 is Io a~;ClH11111~ldalu ('~11ier ('i~tllllS"s t'uIure r.adway pl;ms and is m)l ;J site related in)pr-~cnlcnl. ('()11ier ('ounty ;lnd the I.ttst Baptist ('burall shall cl~l~r inh) a l)ev~h)pcr ('.ntrJhution A~r~meTll ~hich ~L'l~ forlh lhc arid c(mdili(m~ of Ihc conveyance (~l' Ihc ;lb(rye described p(~rlJon (H' the !.irsl ('hutch pt.perry. includin~ htll 11oi limited t(). the limin~ of Ihc convey:race Io ('oilier ('()unly and thai First lJapli~l ('hurd~ ~hall r~c~ivc a r()ad impact fcc credit pursuant ()rdinancc 92-22 ;is amended and the ('-11ier ('ounty I.and I)cvd()pmcnt ('(~c Ri~hl-of-w;~y Ic)r file exlensi(m of Orange BIc)ss()m l)riv~ ~ill ~ included within the h()undarv .f Ihe pr(~.jccl ( I[X)' ~ id~ 4)n the ~veMcrll side ()I' tile pi.pert)' and 72' ~¥idc lhc c;i~lcrn ~idc: a porlhm (fl' Ihv ri~hl-i)l'-wa)~ ~ill he included ~vilhin lhc ();lk I'~ 11): all a~ noted (m the Pt~l) lllasl~r plan (l~xhihil "A")). At tl~c time Illat Jc~al access i~ av:filahlc to Orange Bh~ss(ml [)rive (~ut%idc the boundary of the project. this roadway may he u~cd for ucccs~ and improved hy First Baplisl ('hutch to coliccult road slandards. Such improvcmcnls and the value of the right-of-way willfin Ihc hmmdary of Ihu prl~.jccl may hc eligible fi~r Road Impacl Fee credits pursuant I. ('ounly ()rdimmcc 02.-22 as amended and Ihc ('oilier ('rarely I.and Devdopmcnt ('ode. ('oilier ('ouniy and Ihc First [~ap~isl ('hutch shall Chief inlo a i)cvclopcr Agrccmcltl which ~clh lhrth lhc Icrcits a!ld condili~ms ~)1' Ihc ()r;mgc [Hossom Drive righl-of-~va)' dedicalion alld ctm~Iruclion. including hul not liralied to. the liming ~)f the ct)llslrtlctioll ~d' ()r~l~g~ !~1o~m~ I)rivc. the illallllcr i~! which ()t',mgc I~l.~s~m~ Drive conveyed ~o ('oilier Counly. ;red linc impacl l~v credil 1o Ihc ]:ir~l I]upli~l ('hutch. 7.3 Internal uccc~ improvcmcnls sh;fll not he ~uhjcct to impact Ibe crudils and shall hc in place hc!'orc ~my cerlilicalcs ~)1' occupancy ~rc issued. 7.4 All Iraflit c~mlr~)l devices u~cd ~hall clml'orm wilh the Mamml -n I~nil'orm Traf13c ('olllrt)l l)cvicu~ a~ required hx'( 'Implet 316.(1~45. Florid,i SI;11UIC~. ('tmnccti(m~ oilto I,iViligSlt~ The ()range !}h)~s.m I)r~vc cunncclion ~hall hc a full median aceohs. The confirm ctllrv shall hu ;t dircclio~lal The smuthorn cnlry shall hc a Ihll median access. 7-1 {d) All median openings and driveway locations shall be in accordance with the Collier County Land Development Code and Access Management Policy, as they may be amended. Median access and control shall remain under County control unless established via a right-of-way agreement between the Board of County Commissioners and the developer. 7-2 SECTION VIII !!tility and Engineering Requirements The purpose of this Section is to set forth the utilities and engineering commitments of the project dcvclopc'r. 8. I Iltilities A. WaEc'r distribution. sewage collection and transmission anti interim water antl/,r sewage ~reatment I~cililics to serve lhc project a~e I(, he designed. constructed, conveyed. owned and mainlaincd in accordance wilh Collier ('ounly Ordinance No. RR-76. a~ amended, al~d off,or applicable ('ounly rules and regulations. B. All cuslomcrs connecting m lhc walur dislribulion and sc~agc collection facilities Iobc conslruclcd will bc cusmmcrs of Ihc Counly and will bc billed by the County in accordance wilh ~hc County's cslablishcd ralcs. Should ('OUllly nol bc in a posi6on m provide sewer service a~ Ihc project. Ihc sewer customers shall bc cuslomcrs of ~l~c inlcrim ulility cslablishcd Io serve ~hc prqicc~ unlil Ihc Counly's offsilo sewer facilities arc available Io serve Ihc project. C. Prior n~ approval of conslruction documenls by ~hc ('oumy. ~hc developer must prcscnl verification pursuanl ~o Chaplet 367, Florida Statutes. Ihal the Florida Public Scrvicc Commission has grained territorial righl~ lo Ihc developer m pn,vidc sewer service Io lhc projcc~ until lhc Coumy can provide these services Ihrough ils sewer facilities, The utilily cons~rucOon documcnls tbr Ihc projean's sewerage system shall bc prepared Io contain lhc design and com;truclion of an onsilc fi~rcc main. which will ultimalely conncc~ ~hc projcc~ m Ihc fulurc ccmral sewerage t~cilitics of ('oilier ('.unly. The fi~rce main !11tlSl b~ inlcrconncclcd Io the pump ~lalion wilh appropriately Iotaled valves Io pcrmi~ fi~r simple rcdircclion of prqjccl's sewage, when conncclion Io Ihc (,oumy's celllral sewer Ihcilitics becomes available. E. !'nor lo or al the time of submission of conslmcfion plans and final plal fi~r prqjcc~. ~l~c potable wa~cr supply from lhc Collier County Wa~cr-Sewcr District to ~crvc this projecl shall bc inslallcd udjaccnl Io ~l~c properly and bc in service. l)ctailcd paving. grading. site drainiago and utility plans shall bc submitted to !he Development Services Department lbr review. No construction permits shall be issued unless and until approval of the proposed construction. in accordance with the submitted plans. is granted by the Development Services Department. Design and construction ~f all improvements shall !~ suh. jc, ct Io compliance with the appropriate provisions of the Collier Count)' LDC. Subdivision of site shall require platting in accordance with Section 3.2 of I.D(' Io define the right-of-way and tracts shown on the PUD Master Plan. The devehqx'r and all subsequent petitioners are hereby placed on notice lhal Ihey ~,hall be required to satisl)' tile requirements of all County ordinances cc~les in effecl prior Io or c~mcurrent with any subsequent development order relating m Ibis site, including bul not limited to Preliminary Subdivision Plats. Sile Development Plan~, and any ~tthcr application that will result in the i~,%u;mce of a final or final development order. 17B~? SECTION IX Water Management Requirements The purpose of this Section is Io set forth Ihc water managemenl commitments of the project developer. 9. I l)clailed paving, grading and site drainage plans shall he submitted to the Dcveh~pmcnt Services Department for review. No construction permits shall he issued unless and until approval of the proposed construction, in accordance wilh the submitted plans, is granted by lbe Development Services Department. 9.2 Design and construction of all improvements shall be subject to compliance with the appr~,priate provisions of the (7oilier C{)unty [.DC. except thai excavation fi~r waler management features shall be allowed within twenty {~et from side, rear or abutting property lines if property lines are fenced. 9.3 Landscaping shall not be placed within the water management areas unless spcciiically approved by the Development Services Department. 9.4 The wet season water table elevation shall be established at the time of South Florida Water Management District permitting. 1 9-1 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 99-78 Which was adopted by the Board of County Commissioners on the 9th day of November, 1999, during Regular Session. WITNESS my hand and the official seal of the Board of County Co~issioners of Collier County, Florida, this 10th day of November, 1999. DWIGHT E. BROCK Clerk of Courts and Ex-officio to Board County Commissioners~: By: Ellie ~of fman, Deputy Clerk COLLiZlt COI2NTY FLOIU~A RIQU/,ST ~OR LIGAL ADVl;lr]~!IqG Oil PBILIC HIARINGS Tr. Ocrk I~ lk ~m'd: ?tu~ pl~'~ lle folk~i.li -, ~: 0 l~tioa No. (If eooe, ~ b~de~Tip6oa): CLL99-24 P~tl~:. (Name & Add~);~ ~.~_y Neal ~4~0 Bonila Beach Rd. Uni! 9. 13o~ita SIxinss. Fla. 34134 Name & ~ o(aay i:~s) to be noti£~cd by Clcdt's Ofl'~cc' (If more space is ne~ attach scpara~c sheet) Capri Chri~hn Nc~spapetO) Io be tiled: (C. omp~c only if imporlanO: X:X~C Naples Daily News Proposed Text: (1nclu~ ie~J descrOp(ion & ~n ~t~n ~ Si;:: ~ Nml, of~ ~il~ I~, ~ng ~ ~ ~ ~ Of~ ~ ~ ~ ~ ~. ~fi~~ ~ ~ 424.42~. 426 aM 427, I~ ~ ~. 2. in ~on 32, T~p 51 ~ ~ 26 ~ ~!~r ~n~, ~ ~ing ~0.63 + ~. CompaaJon pctitJo~s), Lfany & pro~ h~ting crate: Doe~ Petition Fee include advcrtising ~ ["'l No If Ycs. wha! accounl should bc cha~gcd for adveni~g For bearbp bd'ere ICC or BZA: hidadal penme to cemplete me cop7 msd obttJ. Dktfaoa He~l ~ beam ~to Coua~Mmqt*r. No~ YIL'lI~I m b~bemretlm-,,Tseccsaar7lcldredew, m'requm for some, Is ~ Is Coemy Attecuey IJebre ~ to Caere7 Minttier. The Man~er'm educe d dbtl'~buM f"] Ort~.d FOR CLE]I~K'S OlrlvlC]~ US[ ONLY: RESOLUTION A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A CHURCH EXPANSION CONDITIONAL USE "2" IN THE "RSF-4" ZONING DISTRICT PURSUANT TO SECTION 2.2.4.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 32, TOWNSFlIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67- i 246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier Coumy the power to establish. coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, unong which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use "2" of Section 2.2.4.3 in an RSF-4 Zone for the Capri Christian Church expansion on the property hereinafter described, and has found as a matter of tact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2 7.4.4 of the Land Development Code tot the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that The petition filed by Jerry Neal of Purse Associates, Inc. representing Capri Christian Church, Inc., with respect to the property hereinaJter described as: Lots 424, 425,426 and 427, Isle of Capri No. 2, as recorded in Plat Book 3, Page 46, Official Records of Collier County. be and the same is hereby approved for Conditional Use "2" of Section 2.2.4.3 of the "RSF4" Zoning District for a church expansion in accordance with the Conceptual Master Plan (Exhibit and subject to the tollowing conditions: Exhibit 'C' which is attached herelo and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion. second and majority vote. Done this day of __, 1~9. 17 C BOARD OF ZONING APPEALS COLLIER COUNTY, FLOR.I~A ATTEST: DWIGHT E. BROCK, Clerk BY: PAMELA S. MAC'KIE, Chairwoman Approved as to Form and Legal Su~ciency: Assistant Coumy Attorney ~C"LLg~2 4 Rr~o[J.J'noN/c[l~ts 17 C FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR The following facts are found: Section __~_ of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Consistency with the Land Development Code and Growth Management Plan: Yes No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No Do Affects neighboring properties in relation to noise, glare, economic or odor effects: __ No affect or __ Affect mitigated by Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) {should not) be recow~ended for approval DATE: CHAIRMAN: f/FINDING OF FACT CHAIRMAN/ EXHIBIT "A" 17 C" ~INDING O~ ~ACT ~Y COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR The following facts are found: 1. Section ~ of the Land Development Code authorized the conditional use. 2 o Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: ao Consistency with the Land Development Code and Growth Management Plan: Yes No So Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adsgusts ingress & egress Yes No Affects neighboring properties in relation to noise, glare, economic or odor effects: __No affect or __Affect mitigated by __ Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be zecommended for approval DATE: MEMBER: f/FINDING OF FACT MEMBER/ .J 17 G' : This approval is conditioned upon the following stipulations requested by the Collier County Planning Commission in their public hearing on October 24, 1999. bo The Current Planning Manager may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3,3, Site Development Plan Review and approval, of the Collier County Land Development Code, Ordinance (91-102). A Site Development Plan (SDP) must be submitted for approval by the Development Services staff pdor to any expansion of the existing church facilities. EXHIBIT "C~ -1- 17 October 12, 1999 Ms. Pam Pertell Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: Notice of Public Hearing to Consider Petition CU-99-24 Dear Pam: Please advertise the above referenced petition on Sunday, October 24, 1999 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure Charge to: 113-138312-649110 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, NOVEMBER 9, 1999, in the Boardroom, 3rd Floor, Administrat o~lld~-I-~, ~-61~er County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition CU-99-24, Jerry Neal, of Purse Associates, Inc., representing Capri Christian Church, Inc., requesting Conditional Use "2" of the "RSF-4" zoning district for a church expansion on property located on the southwest corner of Capri Boulevard and Pago Pago Drive, further described as Lots 424, 425, 426 and 427, Isle of Capri No. 2, in Section 32, Township 51 {outh, Range 26 East, Collier County, consisting of 0.63 acres. NOTE: All persons wishing to speak on any agenda item must register w'-~-~--h the County Administrator R~P_~ to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of sever days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PAMELA S. MAC'KIE, CHAIRWOMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) I=111e J. Hoffman From: System Administrator [Postma$1er~CNDM02.ScrippsHoward.com] Sent: Wednesday. October 13. 1999 11:22 AM To: Ellie Ho ffman(~::h~'k.cbllier.fi .us Subject: Delivered: Public Hearing re Petition CU-99.24 ~,.~ cu.. <<Public Hearing re Petition CU-99-24>> Your message To: Pertell, Pamela Subject: Public Hearing ~'e Petition CU-99-24 Sent: Wed, 13 Oct 1999 11:09:12 -0400 ~::~, was deliv~ed Io the following recipient(s): Pen'ell, Pamela on Wed, 13 Oct 1999 11:08:28.0400 ~:~ MSEXCH:MSExchangeMTA:NDOM02:NDNT01 October 12. 1999 Mr. Jerry Neal 4450 Bonita Beach Road, Unit 9 Bonita Springs, FL 34134 Re: Notice of Public Hearing to Consider Petition CU-99-24 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 9, 1999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 24, 1999. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure October 12, 1999 Capri Christian Church, Inc. 111 East Hilo Street Naples, FL 34113-8662 Re: Notice of Public Hearing to Consider Petition CU-99-24 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 9, 1999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 24, 1999. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure REFERENCE: 0012~0 1131~83126491 57~10~? CU-99-2& ~TICE O~ P ~tate of F~or~de C~ty of CotLter ~fore the ~ert~gn~ ~t~rlty, ~rs~Lty l~ar~ B, La~, ~ ~ ~th t~l that ~ It t~ Alellt~t CorerIre lecertery of t~ In CotHer C~ty, FiordS: t~t t~ ~s~r ~ alltel kffl~t furt~r ~l tMt t~ eetd ~(el ~ttler C~ty~ Ftort~, ~ t~t the sifd ~r ~s heretofore ~ c~tt~ty ~[t1~ in ~td Co[IteK C~ty, FLoetdl, each ~tter at the ~st office tn Napte~, tn said Cottier C~ty, rtori~, for 4 ~r~ of 1 year ~xt prec~t~ the ffrlt ~[tcett~ of t~ attach~ c~ of ~ertls~t; ~ afftant furt~r ~s t~t ~ ~s ~tt~r ~td ~r pr~ts~ a~ ~r~, fire or c~ratt~ ~y dti~t, r~te, ~Jltt~ or ref~ for t~ ~r~le of te~rt~ th~l ~ertts~t for ~Licett~ tn t~ ~atd ~LISHED ~: 10/2~ 17 c RESOIAJ'I'iON 99- 41 1 A RESOLUTION PROVIDING FOR TIlE ESTABLIS!IMI:,NT OF A CHURCH EXPANSION CONDITIONAL USE "2" IN TIlE "RSF-4" ZONING DISTRICT PURSUANT TO SECTION 2.2,4.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 32, TOWNSItlP 51 SOUTIt, RANGF. 26 EAST. COI.I.IF~R COUNTY. FI.ORIDA Wl IERF. AS, the I.egislature of the State of Florida in Chapter 67-1240, Laws of Florida. and Chapter 125, Florida Statutes, has conferred on Collier County the power !o establish. coordinate and enforce zoning and such busines.~ regulation.~ as are nece.,~ry for the protection of the public; and W! IERF. AS. the County pursuant Ihcreto has adopted a Land Development Code (Ordinance No. 9 I- 102) which includes a Comprehensive Zoning Ordinance eslablishing regulations for the zoning of particular geographic divisions of the Counly, among which is lhe granting of Conditional Uses. and W![EREAS, the ('oilier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided. and has considered the advisability of Conditional Use "2" of Section 2.2 4.3 in an RSF-4 Zone for the Capri Christian Church expansion on the property hereinafter described. and has fotJnd as a matter or facl (Exhibit "A") !bat satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2 7 4 4 of the l.and Development (:ode t~)r the Collier ('ounty Planning Commission, and WI IFREAS, all interested parties have been given opportunity to be heard by this Board in a public roecling assembled and the Doard having considered all matters presented. NOW, T! IERI:,FORF. lie IT RF. SOLVF. D. BY TIlE BOARD OF ZONING APPEALS of Collier County, Florida that The pelition tiled by Jerry Neal of Purse Associates, Inc. representing Capri Christian Church. Inc., with respect to the properly hereinafter described as Lots 424. 425, 426 and 427, isle of Capri No 2. as recorded in Plat Book 3, Page 46, Official Records of Collier County. be and the same is hereby approved for Conditional Use "2" of Section 22.4.3 of the "RSF-4" Zoning District for a church expansion in accordance with the Conceptual Master Plan (Exhibit "B") and subject to the following conditions: Exhibit "C" which is attached hereto and incorporated by reference herein Ill:. IT FLIRTIIF. R RF~SOI.VF~D that this Resolution be recorded in the minutes ofthis Board. -l- This Resolution adopted after motion, second and maiority vote. Done this ~~ day of_[~3a:~uL~db(~, BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA PAMELA S. MAC'KIE, Chairwoman ATTEST: DWIGHT E. BROCK. Clerk A~pr0ved as to Form and Attest aS to Legal Sufficiency: iig~ature on1 C4. Marjorie M Student Assistant County Auorney C, CH.99.14 RF.qC~I.I,'3'IO.'g CI;1, -2- 170- FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-39-24 The following facts are found: 1. Section 2.2.4.3 of the I, and Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Consistency with the Land Development Code and Growth Management Pla,: Yes ,/ No Bo Co Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress '~es '_2____ No Affects neighboring properties in relation to noise, glare, economic or odor effects: k' No affect or Affect mitigated by Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use within district Y~s ~ No Based on the above findings, this conditional use should, with stipulations, (,copy attached) (should not) be recommended for approval ." DATE: / ?"' CHAIRMAN: f/FINDING OF FACT CHAIRMAN/ EXHIBIT "A" 17C-: FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR The following facts are found: Section _2.~__ of the Land Development Code authorized the conditional use. o Granting the conditional use will not adversely affect the public lnterest and will not adversely affect other property or uses In the same district or neighborhood because of: Ao Co Consistency with the Land Development Code and Growth Management. Rlan: Yes , No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress ~./~g, ress Yes / ~ No Affects neighboring properties in relation to noise, g~re, economic or odor effects: No affect or __ Affect mitigated by Affect cannot be mitigated Do Compatibility with adjacent properties and other property in the district: Compatible ~s~ within district Yes /J No Based on the above findings, this conditional use should, with stipulat ions 6 ~(copy a~tcached) approval ;~ DATE: ' , ~. , (should no.t,) be recommended for MEMBER: ._/ *'. f/FINDING OF FACT MEMBER/ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR The following facts are found: Section 2.2.4.3 of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Consistency with the Land Development Code and Growth Management P/: Yes No Ingress and e9ress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & ss Yes V No Co Affects 3~eighboring properties in relation to noise, gl~re/~/~conomic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated Do Compatibility with adjacent properties and other property in the district: Compatible use ~in district Yes ~-~ No Based on the above findings, stipulations, (copy attached) approval _ ~ this conditional use ~2~u~ld, with (~ be re.~mmer)ded for f/FINDING OF FACT MEMBER/ 170- FINDING OF FACT BY COLLIER COUNTY PIJuN~ING COMMISSION FOR A CONDITIONAL USE PETITION FOR The following facts are found: Section 2_~__ of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A0 Consistency with the Land Development Code and Growth Management Plan: Yes , No Bo Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ' No Affects neighboring properties in relation to noise, glare, economic or odor effects: .. No affect or __ Affect mitigated by __ Affect cannot be mitigated Do Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ! No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for f/FINDiNG OF FACT MEMBER/ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR The following facts are found: Section 2.2.4.3 of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Consistency with the Land Development Code and Growth Management Plan: Yes ~-/ No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ~/ No Co Affects neighboring properties in relation to noise, glare, economic or odor effects: A_ No affect or Affect mitigated by __ Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~/ No Based on the above findings, this-~ditional use should, with stipulations, (copy attached)~houl~/~not) be recommended for approval . ~ ~ ~/~ DATE: .... /~ '~/- ~. MEMBER: · _ f/FINDING OF FACT MEMBER/ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR C7J-9~-24 The following facts are found: Section 2.2.4.3 of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Consistency with the Land Development Code and Growth Management Plan: Yes Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ~ No Affects neighboring properties in relation to noise, glare,~economic or odor effects: _.,-'No affect or Affect mitigated by __ Affect cannot be mitigated Do Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ..---"No Based on the above findings, this_~~.~itional use should, with stipulations, (copy attache~(s_~hou__~~-9 be recommended for approva 1 f/FINDING OF FACT MEMBER/ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-24 The following facts are found: Section 2.2_~.. __ of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Consistency with the Land Development Code and Growth Management Plan: Yes No B o Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No Co Affects neighboring properties in relation to noise, glare, economic or odor effects: '. No affect or Affect mitigated by __ Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use within district Yes '~ No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: ,t ,.~ .- MEMBER: !' ~ f/FINDING OF FACT MEMBER/ EXHIBIT "B" 1..712- ! CO_~D_IZION,~_.O_E.AP_P~O¥,&L C.U:~'_2~ This approval is conditioned upon the following stipulations requested by the Collier County Planning Commission in !heir public hearing on October 21, 1999. The Current Planning Manager may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and approval, of the Collier County Land Development Code, Ordinance (91-102). A Site Development Plan (SDP) must be applied for and approved by the Development Services staff prior to any expansion of the existing church. Go A 15-foot wide type "B~ landscape buffer shall be provided between the church property and the residential lot No. 428. A 10-foot wide type "D" landscape buffer shall be provided along Pago Pago Drive. EXHIBIT "C" COLLIER COUNTY IrLORIDA REQUEST fOR I,r. GAL ADVERTISING 01~ PUBLIC HEARINGS To: Ckrk to the B4Mrd: ]PSex~ pllce the fcdlowi. g ,, a: Dq 1' Pt~idor~ No. (If hoot, sivc txid' ck:scri~): V-~-]'7 Pctitior~r: (Name & Addrus~. 'irais & Nancy Pando 1 Wavefly Place Palm Coast, Florida 32164-763S Name & Addrein ~any ptTson(s) to be notified by Clerk's OtT~cc: (If morz spece is __twer~ attach sepata~ shcet}~Ana L. Aleman 4860 Sycamore Avenue., NaiVes, Florida 34120 Hearing before X30( BC"C BZA Oqhcr Requcsted J-k:arJng dale: ; ~ 1/9/99 ~ on adverli~ment appearin~ 15 daTs b~.lbre heanng. ~s) to be msd: (Onq)k~ ady .' tnpo,'tuO: Proposed Tcxt: (Include ~ description & contmon iocntiofi & Siz~e: V-99-17 Ana L. AJcraan. rcpres~ntinS Irais and Nancy Pando requcsting an aAcr Ib~ fat 5 foot side yard variance from the requircd sedxtc. k of~O fcct to 25 feet for _~ located at 4860 Sycamor~ ~ hrthcr describcd as Tract 120, Unit 34, Goklcn Crate Estates. Companion pctJtJon(s), if any & proposed hearins ~tc: Docs. Pcttti~ Fec include 1~1~:-6491 l0 ~ advcrtisin' ~[='] No !f Yet, what -~ should be charged for advcrtising costs: Approved by: DISTRIBUTION INSTRUCTIONS For bearJnp kfo~ ICC or BZA: IBMaUnt person Io cemple~ eoe copy mad d~ala Division Head ajap~wM before mbmittJag M Ceussty Manager. Nete: If ~ document i. Involved, be sure filet any ~ lepl revk"w, or requ~ fro- mine, k ~ 8o Cmo~y Attoeuey before sublffi~ le Ceusty MI~IL'r. TI~ Mmafer'l dfiee d dlm4buee B. Otkr~ Iniltat~~bcadtoapl:woveandsubmitoriginalloCkn4t'sOff'g:e,f~iningacopylar~c. ~0~ CLZ~C~ ~ ~Z ONLy: RF. SOI.UTION NO. 09. REI.ATING TO PETITION NUMBER V.99.17. FOR AN AFTER-TIlE-FACT VARIANCE ON PROPERTY ttEREINAFTER DESCRIBED IN ('OI.I.IER COUNTY. FI.ORIDA. 17 0 WtIEREAS. the l.cgislaturc of the State of Florida in ('haplet 125. l:hwida .qramres. has confeted on all counties in Florida the pm~cr to establish. coordinate anti enforce zoning and such business regulations as are necessa~ fiw the protection of the public: and WIIEREAS. the County pursuant thereto has adopted a l.and Development Code (Ordinance No. 91-102) which cslablishes regulations for lhc zoning of particular geographic divisions of the County. among which is the granting of variances; and WIIEREAS. the Board of Zoning Appeals. being Ihe duly elected cm~slilu)cd Board of the area hereby affected. has held a public hearing after notice as m said rcgul;mons made and provided. and has considered the advisability of a 5-foot after-the-fact variance from the required side yard of 3~1 tkcl Io 25 [cct as shown on the attached plot plan. I:xhibd "A". m an E Zone for lhc property hereinafter described, illld has found as a m,mcr of riot that satisfaclo~ provision and awangcmcnt have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WIIEREAS. all interested panics have been given opportunity to be heard by this Board in public meeting assembled, aml ~l~c Board having considered all matters presented; NOW TIIEREFORE BE IT RES()I.VED BY THE BOARD OF ZONING APPEA[.S of Collier County, Florida. Ihat: The Pclition V-99-17 tiled by Ana I.. Aleman, representing Irais aml Nancy Pando. with respect to the property hereinafter described as: The East 9~ t}[ Tract 120, Goldell Gate Eslatcs. Unit No. 34, as recorded in Plat Book 7, Page 23 of the Public Records of Collier County. Florida be and the same hereby is approved tbr a 5-1hot aficr-lhc-fact variance t?om the required side yard of 30 feet to 25 feet as shown on the attached plot plan. Exhibit "A", of the E Zoning District wherein said prope~y is located. subject to the following conditions: This variance is for the encroachment shown in Exhibit "A" only. Any other encroachment shall require a separate v:,riance. In the case of Ire destruction of the encroaching struclure, for any reason, to an extent equal to or greater than 50 pcrccnt of the actual replacement cost of the structurc at thc time of its destruction, any reconstruction shall confom'~ to the provisions of the Land Development Codc in effect at the time of reconstruction. BE IT RESOLVED that this Resolution relating to Petition Number V-99-17 be recorded in the minutes of this Board. This Resolution adopted after motion. second and majority vote. Done this day of __, 1999. ATTEST: DWIGHT E. BROCK. Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA PAMELA S. MAC'KIE, CHAIRWOMAN Approved as to Form and Legal Sufficiency: Assistant County Attorney $/V.99-17 RF~gOLUTION,5:R,'~ ~'~ 99 oo TRACT 121 I:~MAIND~I~ O~r TRACT 120 C(~.DEN CATE ESTATES. UI~T NO. 34 N Arlene J. Baker Petition ¥.99-17 Please find attached letter to Pam Perrell and Notice re: Petition V-99-17 17 D October 7, 1999 Ms. Pam Pertell Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: Notice of Public Hearing to Consider Petition V-99-17 Dear Pam: Please advertise the above referenced petition on Sunday, October 24, 1999 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Arlene J. Baker Deputy Clerk Enclosure Please charge account #113-138312-649110 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, NOVEMBER 9, 1999, in the Boardroom, 3rd Floor, Administrat on B~ ~-~11~er County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition V-99-17, Ana L. Aleman, representing Irais and Nancy Pando, requesting an after-the-fact 5 foot side yard variance from the required setback of 30 feet to 25 feet for property located at 4860 Sycamore Drive, further described as Tract 120, Unit 34, Golden Gate Estates. NOTE: All persons wishing to speak on any agenda item must register w-I~-~ the County Administrator p_ripr to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or grop is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of sever days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PAMELA S. MAC'KIE, CHAIRWOMAN DWIGHT E. BROCK, CLERK By: /s/Arlene J. Baker Deputy Clerk (SEAL) Arlene J. Baker From: System Administrator [poetmesterl~CNDM02.ScrippsHoward.com] Sent: Thursday, October 07, 1999 2:50 PM To: Arlene. Bakerl~clerk.collier .fi.u$ Subject: Delwered: Petition V-99-17 <<Petihon V-99-17>> Your message To: Parrell. Pamela Subject: Petition V.99-17 Sent: Thu, 7 Oct 1999 14:37 47 -0400 was delivered to the following recipient(s): Parrell, Pamela on Thu, 7 Oct 1999 14:36:59 -0400 MSEXCH:MSExchangeMTA:NDDM02:NDNT01 October 7, 1999 Irais and Nancy Pando I Waverly Place Palm Coast, FL 32164-7638 Re: Notice of Public Hearing to Consider Petition V-99-17 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 9, 1999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 24, 1999. You are invited to attend this public hearing. Sincerely, Arlene J. Baker Deputy Clerk Enclosure October 7, 1999 Ana L. Aleman 4860 Sycamore Avenue Naples, FL 34120 Re: Notice of Public Hearing to Consider Petition V-99-17 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 9, 1999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 24, 1999. You are invited to attend this public hearing. Sincerely, Arlene J. Baker Deputy Clerk Enclosure Naples DrilyNays Naples, FL 3&102 Affidavit of PubLtc4tton 17 BOARD OF COUNTY ATTH: TO~& PHZLL~PS PQ BOX &l~a~r16 HAPLES FL REFERENCE: 00'1230 1131~83126~91 S?c)~12~ V-gg-17 NOTICE OF PU State of KLortde County of CoLlier 5afore the undersigned authority, pe. rtonaLty ~ared B. Lamb, vho o~ oath taye that the larva! Is the Assistant Corporate Sacartery of the Nap[es Ditty Heys, ·datly nayspaper publtsh~ at N~les, tn Collier County/ FLorida: that the attached co~ of edvertlltng vat published tn said navepaper on detee Lieted. Affiant further awe that the said Naples OltLy CotHie Co~ty_Ftoet(M, end that the litd pubHihed in eetd Cot[tar County, Ftortde, each d4n/ Incl hal been efitered el eecond etael sail ·atter at the post office tn Naples, in ~aid Collier County/ FLorida/ foe a period of I year next preceding the first pubttcetto~ of the attached copy of edverttse~qt; end affiant further rays that Ihe has neither paid nor prolteed Iny person, fire or coporation am/ discount/ rebate/ colltsltofi or refund for the ~lurpc)se of aecu~tng this IdverttleM)fit for lx~ttcatton in the said nayspaper. ON: 10/24 96.00o ZHCH M RESOLI. JTION NO. 99-412 REI.ATING TO PETITION NUMBER V-99-17, FOR AN AFTER-TIlE-FACT VARIANCE ON PROPERTY tIEREINAFTF. R DESCRIBED IN ('OI,I,IER {'OUN!'Y. FI,()RIDA. WIIEREAS. the Legislature of the State of Florida in Chapter 125. Florida Slatutcs. has conferred on all counties in Florida the power to establish. coordinate and enforce zoning and such business regulalions as are necessary. for the protection of the public; and WIIEREAS. Ihc Cotrely pursuan! therelo has adopted a Land Development Code {Ordinance No. 91- IO2) which establishes regulations for lhc zoning of partic,lar geographic divisions of Ihc Counly. among ~hich is the granting of variances; and W] IEREAS. linc Board of Zoning Appeals. hcing thc duly clcctcd constitutcd Board or Ihc arca hcrcby ~ffcclcd. has hcld a public t~caring after notice as in said regulations made and providcd. and has considcrcd the advisability oF a 5-~oo1 after-the-fact variancc from the required side yard of 30 fcct to 25 &ct as shown on thc attached plot plan. Exhibit "A". in an E Zone for the propc~y hcrcinaflcr described. and has found as a mattcr oF fact that satisfacto~ provision and a~angcmcnl havc been made concerning all applicable matters rcquircd by said regulations and in accordance with Scction 2.7.5 of the Zoning Rcgulations of said l.and Development ('odc Ibr the uninco~oratcd area of Co!lief County; and W]IEREAS. all intcrcsted panics havc hcen givcn oppo~unity to be heard by this Board in public mecting assembled. and the Board having consid~ all matt~s prcscnted: NOW TIIEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collicr County. Florida. that: The Pclition ¥'-99-17 filcd by Ana I.. Aleman. rcprcscnting Irais and Nancy Pando. with rcspcct to the property hcrcinaflcr described The East 'A of Tract 120, Golden Gale Estates. Unit No. 34, as r~ordcd in Plat Book 7, Page 23 oCthe Public Records o~Collier County, Florida. be and Ihe same hereby is approved For a 5-lbot aficr-lhc-facl variance from the required side yard oF 30 feel Io 25 lbct as shogun on fi~c allached plol plan. Exhibit "A", of the E Zoning Districl wherein said properly is localed. s.hjecl Io the following conditions: This vat,anco is fi~r the encroachrecur shown in Exhibit "A" only. Any other encroachment shall require a separate variance. In the case ofthc destruction oflhc encroaching structure, for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction. any reconstruction shall conform to tile provisions of the Land Development Code in effect at the time of reconstn,ction. 17D- BE IT RESOLVED that this Rcsolution rclating to Petition Number V-99-17 be recorded in the minules of this Board. This Resolution adopied after motion. second and majority vole, [)one this _ __C~.:X.~,a,,_~ day o£_S~~. 1999. ATTEST: BOARD OF ZONING APPEALS DWIGHT E. BROCK. Clerk COLLIER COUNTY, FI,ORIDA · Attest ~s to Approvcd ns ~o Fom~ and Lcgn~ Su~cicncy: !'AMEI,A S. MAC'KIE, C.'IIAIRWOMAN Assistant County Altoracy 9g SYCAMORE DRIVE 60' ROAD EASEMENT oo SEE O.R. EASEMEN THE EAST TRACT 120, UNIT NO. 34 (VACANT) CROJNO El..- ~ 245, PAG~* 15 ~R,qNAGE & Ullurf S E-HALF* OF ~CDE~N GATE ESTATES, IJJ TRACT 121 '~O REMAINDER (It TRACT 120 COLDEN CAT[ ESTATES. ~:~ UNIT NO. 54 ~"' O z z N EXHIBIT "A" To: Clerk to t~ Board: ~ place the fallowinit as a: 17 RgQUE.qT I~OR LEGAL ADVEIr!'!~ING O!t !q~UC HgARING$ XXX Normal Icgal Advcrli~-mcn! ~ Adv., location, c'~.) 13~{0 S. Tamiami Trail, Ft. Mye~ FL 33907 Nan~ & Addrcs~ of any pc,'~un(s) to be noti£~d by C{eTk's Office: (If mote soace is ___r~eded___, attach separate sbecO ~'Titach, 1930 Park Mt:adowa Dr., Ft. Myers, FL 33907 l-{~attng beforc )O¢X-BCC B~ ~ Rtaitma~ !-tearing da~c: 11D/99 Baaedo~ Idv~ q:q3earinI IS dl~Plbcfo~elx~lrin& ]'~-.~Pq~pcr($) to ~ u..,cd: (C~mptc~ only irimlx~O: XXX Naples Daily News Leplh/I~uired Proix)seal Text: (Include k:~l des~lWJ~ & common location & Size: V-99-18 Jim Titr, ch ofTtisch and Associates Ax~hitcct$,rcprcscnting Freehad and Schutt. Ira:., n:qu~ing a 10 foo< front yard variance to 15 feet from the n:quired 25 foot front yard selback for property k)catcd at 1229 Airport-Pulling Road, known a~ Freeland-Ni.~an aurora(hive dealership in .Section 36, Townahip 49 South, Range 25 East. ~mqmnion petition(s), if any & proposed hearing date: Does Petition Fee incit<k: advertising co~t~ No If Yea, what account should be charged for advertising 11~-1383124491 lO g. List Attachments: DI~TIU~UTION INSTRUCTIONS A. {'or hczrtnp before ~=C .4- IZ,4~ i~dl~ltllllpe~ Ii~l,p~ell t1~ cilia' ilddplldhl ~ Held Ipprw,l{ bdort mknltti.! to C.uty Mwltr. ~ I' it{i{ dotuxzt k kvdvd, k nrt h nay [ux'tnary kid a'dt'w, ..' input f~' same, ia submitted ~ Cmsn~ Attorney II~o~e mlmitfinI to ~ Manager. T~e Mana~r's ~ will dbO4{m~ .. ~ f"] Camanly Manager al:~la file: 00r ta- ~ CLtRK'S OrlrlCZ USE ONLY: I I RESOLUTION NO. ~- RELATING TO PETITION NUMBER V-99-18, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLOR]DA, WHEREAS, the l,egislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS. the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS. the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulation~ made and provided, and has considereA the adviaability of a 10-foot variance from the r~luimd timat yard setback of 25 feet to 15 feet as shown on the attached plot plan, Exhibit "A", in a "C-5" Heavy Commercial Zoning District for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in a~ordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; amt WHEREAS. all interested parties have been given opportunity to be heard by this Board in public meeting assembl,d, and the Board having considered all matters prestoted; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V-99-18 filed by Jim Titsch of Titsch and Associates, Architecta, representing Freeland and Schuh, Inc., with r,~'pect to the property h~'einafler described as: The north 209.05 feet of the south 329.3 feet of the wezt 354.3 feet of the north 658.6 feet of the south 2005.8 feet of the west one-half of the west one- half of the northwest one-quarter of Section 36, Township 49 South, Range 25 East, Collier County, Florida; except the west 50 feet reserved for mad right- of-way. Together with: The south 120.25 feet of the west 354.3 feet of the north 658.6 feet of the ~outh 2005.8 feet of the west half of the west half of the northwest quarter of Section 36, Township 49 South. Range 25 East, Collier County, Florida. be and the same hereby is approved for a 104o0! variance fixnn the required front yard setback of 25 feet to 15 feet as shown on the attached plot plan, Exhibit "A", of the "C-5" Heavy Commercial Zoning District wherein said property is located, subject to the following conditions: This variance is for the encroactunent shown in Exhibit "A" only. Any other encroachment shall require a separate variance. In the case of the destruction of the encroaching slntcture, for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, any reconstruction shall conform to the provisions of the Land Development Code in effect at the time of reconstruction. BE IT RESOLVED that this Resolution relating to Petition Number V-99-18 be recordcd in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ..... ,1999. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF ZONING APPEAL~ COLLIER COUNTY, FLORIDA Approved as to Form and L~gal Sufficiency: MaJ'ni S. Scud~i Assistant Cottory Attorney ~V.99- I 8 RF..SOLUl"lON/!~/im PAMELA S. MAC'KIE, CHAIRWOMAN ~ TITS(::Ft AR'CI-tlTE:C:TS g~Sl ~ A1~,I .$:\CAD\~32-N;SSAN\archrevte.~'evAI-STTEPLAN,~J ~d SeO 22 t3: ~,2:35 tg9g Jl~'S COI'~UTT 7 Octobe' ~ ~999 Ms. Pam Pertell Naples Daily News 1075 Central Avenue Naples, FI, 34102 Re: Notice of Public Hearing to Consider Petition V-99-18 Dear Pain: Please advertise the above referenced petition on Sunday, October 24, 1999 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ell{e Hof £man, Deputy Clerk Eric losur.: Charge to: 113-138312-649110 17 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY,. NOVEMBER 9~ 1999, in the Boardroom, 3rd Floor, Administration Building~ Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition V-99-18, Jim Titsch of Titsch and Associates, Architects, representing Freeland and Schuh, Inc., requesting a 10 foot front yard variance to 15 feet from the required 25 foot front yard setback for property located at 1229 Airport-Pulling Road, known as Freeland-Nissan automotive dealership in Section 36, Township 49 South, Range 25 East. NOTE: All persons wishing to speak on any agenda item must register w---~th the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an [~em. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended tc he considered by the Board shall be submitted to the appropriate count':' staff a minimum of sever days prior to the public hearing Ai' material used in presentations before the Board will become a per,anent part of the record. An}' pe:-szn who decides to appeal a decision of the Board will need a record of ~he proceedings pertaining thereto, and therefore, may need to ensure %hat a ';erbatim record of the proceedings is made, which record inciu<]es the testimony and evidence upon which the appeal is to be based. BOARD OF C~.~?Y COMMISSIONERS COLLIER COUNTY, FLORIDA PAMELA S. MAC'KIE, CHAIRWOMAN DWIGHT E. BROCK, CLERK By: /s/Ell~e !{offman~ Deputy Clerk (SEAL) EIIie J. Hoffma.n ,, From: System Administrator [postmasteri~CNDM02.ScrippsHr.,v, ard.com] Sent: Wednesday, October 13, 1999 10:27 AM To: Ellie. Hoffman(~clerk.collier .A.us Subject: Delivered: Notice of Public Hearing re Petition V-99-18 ,,~,-~ ,, ,, <<Notice of Public Hearing re Petition V-99-18>> Your message To: Parrell. Pamela Subject: Notice of Public Hearing re Petition V.99-18 Sent: Wed. 13 Oct 1999 10'.13:34 -0400 was delivered [o [he following recipient(s): Pen'ell, Pamela on Wed, 13 Oct 1999 10:12:46.0400 MSEXC H:MS Exch angeMTA:NDDM02:NDNT01 Octobe: 12, 1999 Freeland & Schuh, Inc. 13880 South Tamiami Trail Ft. ~4x,.rs FL 33907 Re: No%~.ce of Public Hearing to Consider Petition V-99-18 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 9, 1999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 24, 1999. You are invited to attend this public hearing. SincerefT, Ellie }{offmarl, Deputy Clerk Enclosure October 12, 1999 Mr. Jim Titsch 1930 Park Meadow Drive Ft. M~'ers, FL 33907 Re: Notice of Public Hearing to Consider Petition V-99-18 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 9, 1999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 24, 1999. You are invited to attend this public hearing. Ellie Hoffman, Deputy Clerk Enclosure 80A~D OF COUIITY ATTN: TOHYA PHILLIPS PO BOX 413016 NAPLES FL 34101-5016 REFEREeICE: 001230 1151583126491 579509?4 v-5'q-lR t~llcE Of PU State of r~orlda County of CoLLier Before the undersigned authority, ~ppe~red B. Lamb, uho on oath tnyt t~t S~ leevet a~ the Assistant Cor[~rat~ Secafiery of the Oatty N~a, a daily newspaper puhlllh~ It J~ CoLLier C~nty, FLorida: th4t the ettl~ fi~i~per ~ date~ Afftant further Say~ that the ~etd ~[et DaiLy N~I tl a newspaper put)li~h~ at ~leptel~ Sfi ~etd CoLLier County, FLorida, e~ that the ~m~per has heretofnre been ~[flh~ tn said CoLlier C~nty, Ftort~, each day a~ hal been entere~ as sec~ c[all ~tter at the ~st office in ,ap[es, In COLLier C~nty, ~[orid~, ~or e ~rf~ Of 1 ~xt prec~t~ the first ~b[tcatt~ of t~ attach~ c~y of edverti~eeent; a~ affiant further ~ays that sh~ has neither ~ld ~r pr~t~ any person, fire or c~ratl~ ~ dtsmt, re~te, c~i~to~ or ref~ for t~ ~r~le of securing thl~ ~vertl~t foe ~[JCat$~ in the ~atd n~!~per, ~LISHEO ~: 10/24 AD SPACE: 98. 000 F~LED Off': 10/25/99 .............................. :-; ........F ...................................... Signature of Affiant ...... NO~ ~ IPdBI..~ RF. SOI,lYl ION NO. 99- 4 1 3 RELATING TO PETITION NUMBER V-99-18. FOR A VARIANCE ON PROPERTY IIF. REINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. ',VlIId~.F. AN. ll~e I.egislature of the State of Fhsrida in Chapter 125. Florida Slalulcs. has c.m ICr~ cd ,,n all c.untics m Florida Ihc power to cstahlish, coordinale and enforce zoning and s.ch business regulations as are neccssa~ for lhc pmieclion of the pubhc; and WIII~REAS. dm County pursuanl lherelo has adopted a Land Developmeal Code (()rdhlimCC No. 91-1~2) which cstablishc~ regulations for the zoning of padicular geographic divisions of d~c ('ounly. among which is lhc ~nling of v~c~; and WIlERICAN, (t~c Bo~d o~7~ning Ap~als, ~ing the duly cl~Icd constituted Board of Ihc area hcrchv aftbored. h~ held a public hearing after notice as in said rcgulalions made and provided. and has considered the advisability of a 10-f~t variance from Ihc rcquir~ front yard softrock ~)~ 2~ feet to 15 feet ~ shown on the attached plot plan, Exhibit "A". in a l lcavy ('.mmcrclal Zonin~ Dist~ct for the propuny hereinafter dc~ribcd. and has found ~ a m;dtcr o1' fi~ct Ihat satisfacto~ provision and a~ang~cnt have ~cn m;tde concerning all applicable maucrs required by said regulations and in accordance with Section 2,7.5 of the Z(mh~ Rcgul;,i.ns o~ said Land i)evelopmcnt ('~c ~or the uninco~ratcd area of Collier WJtERI~AS. all initrested panics have bccn given opponu~,ty to be heard by this Board in p.hlic meeting assembled. and the Board having considered sll mattc~ prcsent~; N()W TItEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS o/'(',)llicr ('ounty, Florida. ihal: The l'ctiti()n V-99-18 filed by Jim Tilsch o~ Tilth and Associates, Architects. rcprcscmmg l:rcchmd and Schuh. Inc., with respeel to the property hereinafter described as: fhc north 209.05 feet of the south 329.3 feet o~ the west 354.3 ~cet off the ~](,rd] (,58.(, rcct of the ~uth 2(N)5.8 feet o~thc west onc-halfofthc west one- hal f of the northwest one-quarter o~ Section 36, Township 49 South, Range 25 i~ask Collier County, FIoHda; except the wcsl 50 f~t rcscmml for mad fight- o fL way. Together with: Tho soulh 120.25 feel of lhe west 35~.3 feet of Ih¢ noah 658.6 fee~ or lhe south 2005,8 fkct oflhe wcsl halfoflhe wesl halfoflhe noahwest quarter of Section 3h. 'I ownshlp 40 Soulb, Range 25 Easl. Collier Counly, Flofda. hc and the same hereby is approved for a IO-foot variance from the required front yard seth;ink oF 25 fcct m 15 Feet as shown on thc attached plot plan. Exhibit "A". of the "C-5" I lcavy Commercial Zoning District wherein said property is localcal. subject Io the tbllowing conditions: This variance is for Ihc encroachment shown in Exhibit "A" only. Any other encroachment shall require a separate variance. In the case of the destruction of the encroaching structure, for any reason, to an extent equal to or greater than $0 percent of the actual replacement cost of thc slructurc at the timc of its destruction, any reconstruction shall conform to thc pnwisions of the Land Dcvclopmcnt Ccnlc in cffcct at thc fimc of reconstruction. HE IT RF. SOI,VED that this Rcsolulion relating to Petition Numbcr V-99-18 be recorded in the I~fint,lcs of (his Board. This Rcsolulion adopl~ aR~ motion, sccond and majo~ty vo~c. Done this ~. _ day of~. 1999. ATTEST: BOARD OF ZONING APPEALS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA PAMELA S. MAC'KIE, CHAIRWOMAN Attest as to Chtlr~ln's -~l°49~aanhf, orm and Legal Sufficiency: Marni S. Scuderi Assislant County Attorney 1:).3 %7E- ~g Jill'S CO)~PU~Ei:I NOVEMBER 9, 1999 Ncw~,) ~o b~ u.~d: (Couldere oely iirimport~O: Proposed Text: (Include legal description & ¢ommoe Iocatioe & S[ae: PETTrION VAC 99-013 TO VACATE A 10' WIDE DRAINAGE EASEMENT ON LOT 5, ACCORDINO TO THE PLAT OF "BAYI:'RONT GARDENS", AS RECORDED IN PLAT BOOK 14, PAGES 114 THROUGH I17, PUBLIC RECORDS OF COLLIER COUNTY, FLORJOA AND TO ACCEPT A 10' WIDE DRAINAGE EASEMENT AS A REPLAC~ EAS~ ON SAID LOT .S. LOCATED IN SECTION 6, TOWNSHIP 48 soLrrH, RANGE 2:5 EAST. For Adverti~i~ co~u, ~ to: P.O. 912~)1 For P-,:cordi~ cMu, cM~e to: 113-138312-649030 l~,~m~ l) R~_.SOt,U'rK~WlTH~"A"&"B- 2) I,~TOFABU'rTINO~ '1.7 F 3 R F~OLL,rrlON FOR !~,. i~ i ~ON VAC ~),.O13 TO VACATE. A I0' 'W1D~ DRA!~A(iE EASEMENT ON LOT 4 5, ACCORDIN(} TO THE PLAT OF "BAYI~(NgT OARDEN~". A~ RECORDED IN PL,AT BOOK .~ PAGF~; 114 TIIROUt",!! 117. PUBLIC: ~ OF COLLI~.R COUNTY. FLORIDA AND TO ACC~ 6 A I 0' WIDE DRAINAGE F..A~ A~ A RF.,PI~ ~ ON SAID LOT 5, LOCATED 7 IN SECTION 6. TOWN~HJP ,IS ~"TH. ~E 2:~ 9 WIlERE. AS. pursuanl ~ .e~ctioe 177101. ~ Stal~e~. Mark Raedeebmh ~ ~ I'lome~ I~:.. ~ J0 Mich~.l ,nd Janinc Knapp, does hereby requesl d~ v~JtiOn of a l O' md~ 1~ F,a.~-nlenl c~ l.ol :~, ~,~ordin$ I~ l~e ~ ~ ~ JJ Cmrd~ns". Ls rocordeal in Hal P, ook 14. I~tl~S 114 l~n:~ 117. I~Mi~ R~.~'d~ ~'Ca~li~' ~. ~ ~ ~ ~ a 10' ~ ~ J 2 Eas~mcnl ~ s r~ph~c~mcnl ~.~n~nl oo ~1~ lo~ ~; J ] WIIEREAS, Ih¢ Board has Ihi~ d~/held · puhli~ h~nnl 1o con~l~r s~.alml snKI i0' w~le I)mmalt¢ Ea.~-ment as mo~e ful~ 14 d¢~cnt~J bclow. ,nd no~ce of ~d publ~ heana$1o ~te w~u ~.~at ~ ~ ~ bw. ~ J ~ F%ORII)A. that the fi~llowlng ~ and i~ ~ ~ J 9 ~ E~,~t "A" ,~ ~reto s.d in~raf~ ~n 20 BE fT H/RH iER RE~)I.~[} BY ~iE ~P OF C~ CO~iO~ OF COI.I IER C~. ~DA. 21 the 10' '*~de l~a,nagc Ea~mcm. ~c ~.la~ ~gn~ m E~i~t "~ a~ h~eto and ~l~ ~ ss hcrc~ 22 .~p~ ~s ~c rcpln~m~t ~1 ~ ~ ~ F~ ~ ~, repiaccmcnt denmaRc ~mcnl Indf~ m ~ ~ R~ ~ ~. ~ ~ ~ ~e ~ J ~hc r~)rd~ p~z u rcfer~c~ 27 28 29 30 31 32 33 34 35 36 37 38 39 DATED. [)WIGHT E. IlR{X:K. Clerk Ap~ ~ to form ,nd legal ItOARD OF COUNTY COMML~IONEIL~ COLLIER COLINTY. FLORIDA BY' PAMFLA ~1. MAC'KIL ~ Ill IWI YAC II, II3 ROGER G. CARTER 6-2 99 CLIENT: IDYLL_ HOME~, INC. ...... , II ml II I IIII IIIIIIIIII IIII II II III I II I III I II I II III II I III , c I)RAINAGI~ EASEM!:.N'!.' ~ ~ VAC Tl ll.~ I~A.~I!MI':N'i'. granted this ~/_. day of/~/~__. ,9L.~. I~twecn Michael l".. Knapp ~l~d .lanin~ A. Knapp as (;ranlot. to the ! h)mcowne.r's As.,~)¢iation ~t Ba?Y, mt( ~ardcn~. ~ I:1orida no~-Ibr-prol]t co~rntion ~d to ('()I.I.IER COUNTY ~OARD ()F C()MMIS~I()NERS ()[: COI.I.IER COl INTY. FI,ORIDA, its succ~so~ and assigns. as (;RANI'F. IL ~,~, I I NI:~S!: I I I: 'l'l~t the (;RANTOR. for and in consideration of Ih¢ sum ofTEN {$ ! 0,00) I)OI.I.ARS ~t~d other good and valuable considerations paid by the GRANTI-.'I':: receipt of which is hereby ~lcknowlcdgcd, hereby conveys, grants, bargains and sells unto the GRAN'I'F. IL it successors and z~ssigns ~ perpetual, non-exclusive easement. license, and privilege to enter t,ix~n and to install :,nd m~fintain s~ormwater drainage facilities. on the following de. scribed lands being located in C'ollicr C:otmty. !:h)rida. GRANTOR agrees fi)r itself, its successors and assigns. that it will be responsible tbr the cost of any maintenance of improvements wilhin the easement area. m wit: (See attached Exhibil "A" (99-0044-1 S2) which was incorporated by rc~rence herein) l'() f lAVE AND TO !1OLD the same unto said GRANTEF. and ils assigns. together with the right ~o enter upon ~id land, excavate, and t~e materials for zhc pu~se of constructing. operating. and maintaining sto~water drainage facilities thereon. (iRANTOR and (iRANTEE ~re used ~br singular or plural, as the context ~qui~s. F VAC 99.O 13 IN WITNI.]SS WIIERF, OF, the (iRAN'I'f)R has caused these presents to be executed the day nnd .'.'car firsl above wriuen. Signed. scaled and delivered Printed Name Mich~!cl E. Kfiapp Whose mailing address is: Beryl Trail 'cnlervillc, Ohio 4545~I COUNTY OF _ ~ The lbregoing instrument w~ acknowledged ~forc mc Ibis ~ day ~I' ~c & 19~. by Michael E. Knapp and Jnnine A. Knnpp. l'hev n~ ~rs-nallv km~wn t~ mc ~r have producct?.~2 ~g~._g2.~as idcnfif, ca~i,m and ~lid n~ ~ake un'o~,~h. Prcp;~rcd by: R¢~gcr f; ¢'arlcr RWA Survcying, Inc. 3050 N. tforscshoc [)rive. Suite 270 Naples. Florida 34 I~ I~r'LVIA A. BI~CII~I~ NOTAJFr PU'BLI¢~ AND ~011 ~ ~'rATI 01" OHIO 00~3~8ION IXPI:~t8 .I~JLY ~0 :~001 17 F '' ROGER G. CARTER I)I~O~IONAL SURV'E¥OR & ~ LS # $702 FAX: A 250 Foot ILsdhts of Lot Bayfront Gardens Tra~ R Lely Bar~£oot Beach 8825 Tamiami Trail East. Naples, Florida 33962 Lot 3 Samuel Robinson & Paula Robinson 820 ~ Market Sh'~t. New Albany, Indi~ 471:50 Lots 9 & I0 Richard S. & Arlene L. Bookbinder I I Exeter Road Short Hills, New Jersey 07078 Lots 4,5 and 6 Block I Donald B. & Joanne m. Stoughton P.O Box 600 Paoli, PA 19301-0600 Lots ? and 8 Block I Paul W.& Clotinda Ann Harrison Brinkopf 1329 North Cape Reck Drive Cape Girardeau, MO 63701 Lot6 James L. O' Reilly & Teresa O'Reilly 161-28 860' Street Howard Beach. New York 11414 Lot 7 Gary L.Grup ,;627 Brookside Rd. Toledo. Ohio 43615 Lot 6 & East ½ of Lot 5 Block H William B. & Darlene L. Aimeni 43 High Meadow Drive Basking Ridge, New Jersey 07920 LOt 7 Block H Daniel & Jonica Stingl 400 Christ? Lane Plymouth, Dregon 99340 Lot 8 Block H Richard S. 8: Arlene L. Bookbinder 11 Exeter Rd. Short Hills, New Jersey 07078 -io October 8, 1999 Pam Pertell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition VACo99-013 Dear Pam: Please advertise the above referenced notice on Sunday, October 24, 1999, and again on Sunday, October 31, 1999. Kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Charge to: 113-138312-649030 17F NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on ~esda~, November ~..,...1~99, in the Boardroom, 3:'~ Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition VAC-99-013, to vacate a 10' wide drainage easement on Lot 5, according to the plat of "Bayfront Gardens", as recorded in Plat Book 14, Pages 114 through 117, Public Records of Collier County, Florida and to accept a 10' wide drainage easement as a replacement easement on said Lot 5, located in Section 6, Township 48 South, Range 25 East. NOTE, All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be a]!otted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes th~ testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISISONERS COLLIER COUNTY, FLORIDA PAMELA S. MAC'KIE, CHAIRWOMA/~ DWIGHT E. BROCK, CLERK By: /s/El]i,~ }{offrnan. Deputy Clerk (SEAL) Ellie J. Hoffman From: Sent: To: Subject: System Administrator [postma,~lert~CNDM02. ScrtppsHowerd.com] Monday. October 11, 1999 9:54 AM EIIJe,Hoffmani~clerk.colller. fl.us Delivered' Petition VAC-99-013 '[7 F Fel. l~ VAC 99.01 ] <<Petition VAC.g9-013>> Your message To: Pertell. Pamela Subject: Pelihon VAC-99-013 Sent: Mon. 11 Ocl 1999 03:41'04-0400 was dehvered 'to the following roc~p~enlls) Pertell. Pamela on Mort. 11 Oct 1999 09.40:16 4:)400 MSEXCH MSExchangeMTA'NDDM02 NDNT01 17F October 8, 1999 Mr. Mark Raudenbush 1290 Rainbow Court Naples, FL 34110 Re: Notice of Public Hearing to Consider Petition VAC-99-013 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 9, 1999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 24, 1999 and again on Sunday, October 31, 1999. You are invited to attend this public hearing. Sincerely, Ellie }{offman, Deputy Clerk Enclosure i?F October 8, 1999 Michael & Janine Knapp 1189 Beryl Trail Centerville, Ohio 45459 Re: Notice of Public Hearing to Consider Petition VAC-99-013 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 9, 1999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 24, 1999 and again on Sunday, October 31, 1999. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure October 8, 1999 Re: Notice of Public Hearing to Consider Petition VAC-99-013 Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November g, 1999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 24, 1999 and again, on Sunday, October 31, 1999. You are invited to attend this public hearing. Since re i'.,', DWIGHT E. BROCK, CLERK Elile H- ~ fma:~. ', Clerk ' -,~ beput: Enclosure ' t;qpte, Oat[y BOARD OF COUNTY CO~;SS:0%£R~ ATTN: TONY~ PHILLIPS PO ~3X &13016 NAPLES FL 34101o3016 REFE;£HCE: 001230 State of Florid~ County of Co[tier Before the undersigned authority, apoeared B. Leah, who ~?, oath say~ ~hat she Serves al the A~si~tant Corr~rale Secatier! of the Oai:y News, a daily ~ew~p~p~e nubli~ed at Naples, ~n Co~t~er Co~,nty, F:o'~4a: that the CO~ of ~vertJ~i~ yes ~bL~:h~ t?, Affiant further ~ay~ that the I~ ~tp~e~ NWl {S a n~t~per ~bltshed at ~ple% In said Collier C~ty/ Flor{de, a~ t~t the ~l~per ~s heretofore been ~ttsh~ tn said Co[tier C~nty/ Froride, each day a~ ~s been enter~ as s~c~ crass ~tter at the ~st office tn uap[es, tn said Co[tier C~nty, FLorida, for · ~rt~ of I year next preening the first ~bLicatt~ of the attach~ c~y of advertisement; a~ affiant further says that ~he has neither paid nor pr~ts~ any person, firm or :o~rati~ dtlcount/ re~te, commission or ref~ for ~r~se of securi~ th~s advertiteeent for ~[tcatton in the said PUSL%SHEO ~: 10/2~ VAC-91'-013 NOTICE OF PI, J~LIC HEARING ~kmeml~/mree, y given ~ ~ ~ ~ C~ ~m- ~ ~, ~1 E~ T~ Tr~l, ~ ¢~ ~ P~ ~ ta. P~ 114 ~ I!1. T~ ~ ~R~ ~ Eost. C~ C~NTY. ~A AD SPACE: 98.000 FILED Oel: .................. ........ .......f ..................................... Signature of Aff~a.t .-- //'~ ~ ..... Sworn to and $ubsc,~be,1 be¢o.. ~. ~SMay ~4 Personally kr~wn h/ ~e ? , , RI!SOI.1310~ I:OR PETITION VA(' ,~i.~t17 '[() V..'~('..\!E A IO' ~Vll)I I)RAINAGF. EASEMF. NT O~ I.OT · 'I~AYI.'RON'I' (JARDENS". AS RI~('ORDI~I) TIIROUGII 117. PUBI. IC REC'ORDS OF ('OI.I. IER ('O['N I~'. FI.ORIDA A~I} TO A(*('EI"I* A 10' WIDE DRAINAGE EASEMENT I~ASI[MEN'I ON SAID LOT 5. I.O(,ATED IN S!~{"I'1ON ~,. T()X~'NSIIII' ~Ot q'l I. RANGE 2~ EAS~ WIII~REAN, purnuanl Io ~C~l~ 177 I01. !:!n~da ~lalulc~ Inc. as agcnl for the petriloners. Xhch~l and Jam~ Drainage l~ascmcnt on I ¢~t n. according to the plal of I 1.1 Ihro~t~h I 17 I'uhhc Rcc(~r(l~ ()f ('nlher ('(,,ntx. !'lorl(la la~. and WI II~RI~AN. the t,r;tntmg of the ~acal~tm access of other properi3 o~ncrs NOW. TIIERIWORIL BI: IT RES()I VED OF ('OI,I.IER COt 'NTY. !:I.ORIDA. that the f~ilomng Scc I:xhlhll 'A" ;illached hc~cto and Incorl~,r;ltc,I [ll~ I'[ ["['RIlII~R RES(}IVI{I) HY 111I I}OARI) ()F ('OI'N'13' ('OMMISSI()NI~RS ('Ol.l.ll(R ('(}I'N'[~'. [.'I.(}RID.X . that Ihc Ill' Exhibit "IV' attached hereto and mcorporated hercm. fi~r the ])r;llt:a~c I'.a~cmcnl ~acalcd herein [}1~ I'l' I:[:R'I'I!I(R RESOI.VI{D Ihal the ('lcrk COp~ t){' T111% Rc~olul~oH ;red the fcpl;lccntcnt t]l;llll;t?~' C;t~CfllCltl Iflthx,tJ~i;~llx m the ()fflc.al Rc,,,rd, ('Otlltt3. Florida. and to make proof flotation of '~11S [{CSOltlllOn adopted a~cr motion. ~<cond and mal{}rtt3 xolc t~lxtlrmy ~amc BOARD OF ('OUNI'Y ('()MMISSI()NliRS ('OI.LIER COt LN'I~'. F! .ORIDA .v., / / / / , PAMEI A S MAC'KIlL ('ha~rx~om;m' 17F'" 994)1 VAt~ ~13 I'l[Is EAgI{MI~N'I, granted Ihis~ dayof ~~ ....19ff~]. b~{WCL'n Michael I{. Knapp and Ja~ine A. Knapp as Grantor, to the I Iomeowncr's Association at Bayl?ont Gardens. a Florida nol-l~r-profit corporation and to COIA.[ER CO!INTY BOARD (}F COMMISSIONERS {)F COI.IJER C{)llN'[Y. FI.{)RIDA, its successors and assigns. as WI'I N I{.$.SI./I I1: '[hat the (iR:\N'I'()R. tbr and in consideration oflhc sum ot"l'l!N ~SI0.0()) I)()[.I.ARS and off,or good and valuable consideralions paid by lhc GRAN'H~!~: receipt of which is hereby acknowledged, hercby conveys, granls, bargains and sells unto the GRAN'I'I(E, it successors and assigns a per~tual. non-exclusive easemenl, license, and privilege Io cnlcr u~n and to install and nminlain smrmwalcr dr;finagc l~lcilitics, on lhc t~)11o~ing described I;mds hcin~ Iotaled in Collier ('otmly, Florida. (}I(ANT()R agrees ll~r itself, ils stlcccssors ;tnd ussiglls. tirol it will bc responsible lbr the cost of any maintenance of improvements within the casement area. to wit: (See attached l".xhibil "A" {99-¢)044-1.~2) which was incorporated bv re fi:rence herein) 'I'O !!AVF. AND TO I IOl,D the same unto said (iRAN'I't.;I.; and its assigns. ~.ogether with Ihe right to enter upon said land, excavate, and take materials for the purpose of constructing, operating, and maintaining stormwater drainage facilities ~hcrcon. (;RANTOR and (}RANTEF. are used I~.)r singular or plural, as the context requires. Ex~b~ "B~ IN WITNESS WIIEREOF, the GRANTOR has caused these presents to be executed the day and .,,'ear first above written. Signed. sealed and delivered inAmr presence: l'riffed I'rintcd Name o -.., '['he tbregoing instrunlenI was acknowledged betbrc inc this day of ~,C~ ~ I )~ , bv Nhchacl t':. Knapp and Janme A. Knapp. They arc pcrs. nallv km~wn to mc or have produ~~; ~ F~~~as itlcntilication and did m~t mkc an'oath. ~ N() I:~(Y I'UBI.fC ~ ~ l'rintdtl Name / ~ Prepared by: P, oger G. Cat~er RWA Surveying, h~c. 3050 N. Ilorscshoe Drive, Suite Naples, Florida 341 BYLVIA A. BICkeR, NO?A~f PUBLIO IN AND FOR TH~ 8TA'II O1~ OHIO l~f CO--ION EXPDL~ ,DJLY ~, 2001 VAC ROGER G. CA_RTER PRO!~S.SIONAL Sb'RVEYO R L~ # 570'2 FAX: (141) 6-2-99 1" = 100' RGC CL~£NT IDYLl._ HOMES, INC. TITLE:SKETCH A~O O~.SCRIpTIO~ 0~ A PROPO'r~:D 10 FOOT mO~ O~ ~ ~[1~ P~ ~ LOT 5. ~T ~ ~ ~C~O IN ~T ~ ?4, p~[~ ~1 a f~j~ ~17 ~ ~E ~L~ ~COROS ~ C~LIER C~JN~. ~