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Backup Documents 05/25/1999 RREGULAR [BCC,',~-'~'~ TIHG ~'~, MAY 25, 1999 Naples Daily News Naples, FL 34102 ~ffidavit of P~blication BOARD OF COUNTY COHM[SS[0NERS ATTN: TONYA PHILLIPS PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 #912/33 57881607 NOTICE Or PU6LIS HEE State of FLorida Co~Jnty of Collier Before the undersigned suthority, personally al:~)eared Angela Bryant, who on oath says that she serves as Assistant Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, ~Lorida: that the attached copy of the ~dvertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is m newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, e~ch day and has been ~ntered as second class mail m~tter at the post office in Naples, in said Collier County, Florida, ~or a period of ! year next preceding the first publication o~ attached copy of advertisement; and affiant further say~ that she has neither p~d nor promised any person, firm or col)oration disc~jnt, relate, commissiop or refund for the purpose of securing thi~ advertisement for public~tion in the said newspaper. PUBLISHED ON: 05/23 AD SPACE: 55.CXTX) INCH FILED ON: 05/24/99 Signature of Affiant Sworn to and S[~bscribed helot; m: this ,.~_..~_ day of ~/ . . ~ ,.~~_ NOTICE OF PUBLIC MEETING BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIOA Tuck. cloy, Mo'/ 25, 199~ 9:0(I A.M. Nc*ice Is hereby given tt~"tt Yne C~ller Cou~v B~d of CmJntY Co~-j (~uJldlng F) ~ ~e Collier Co.lex, N~tes, FIll- ness ~ Collier C~my ~ me ~e st~ t(~e J o~ ~e. f~ ~ld toeing will ~ ma~ avoll~le fo rained ~ ~e o~ce of ~e rJ~ ~ lime. c~d Gl ~e precedings ~dotning ther~o, and BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, PAMELA 5, ~HA~WOMA~ DWIGHT E. BROCK, CLERK Oe~ Clerk COLLIER COUNTY BOARD OF COUNTY COMI~ISSIONERS AGENDA Tuesday, May 25, 1999 9:00 a.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY 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 COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGEh~A MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY ADMINISTKATOR AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRWOMAN. 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. INVOCATION Church Reverend Roberl Jacobs, Zessiah Lutheran 2. PLEDGE OF ALLEGIANCE 3 o APPROVAL OF AGENDAS Approved and/or Adopted with changes 5/0 4 o 6 o APPROVAL OF CONSENT AGENDA. APPROVAL OF SUMMARY AGENDA. A?PROVAL OF REGULAR AGENDA. APPROVAL OF MINUTES Approved as presented 5/o April 27, %999 Regular meeting. PROCLA/4ATIONS AND SERVICE AWARDS A. PROCLAMATIONS i; 2} Proclamation proclaiming the week of May 23-29, 1999 as National Small Business Week. To be accep%ed by Nr. Dan Regeiski, Director, and Ms. Suzanne Specilt, Certified Bus[ness Analyst, both of Small Business Development Center/Florida Gulf Coast University, and Richard Pegne5ter, Dean, College of Business, Florida Gulf Coast University. Adopted - 5/0 Proclamation proclaiming 1999 as Sprint's I00':' Anniversary Year. To be accepted bv Mr. 5uddy ;';. Brunker, Public Affairs >{anager/SsuLhern Operations, Sp.¥ inL . Adopted 5/0 3) Proclamation proclaiming the inen%?: o[ May, 1999 as Foster Parent Month. To be accepted by Ho. Kathy Rushing, Program Administrator, Children and Families DisErict 8 Adopted - 5/0 SERVICE AWARDS Presented Bill Finch, Parks & Recreation 15 'fears Sharon Cornelison, PWED l0 Years Bill Bolgar, Code Enforcement - 10 Years Jack Pfies~er, Water 10 Years Barbara Nichols, Library 5 Years Rcdney Michaels, Wastewater 5 Years Greg Pra~, Pelican Bay 5 Years Ramon Davi!a, s©lid WasSe Deck. 5 'fears C. PRESENTATIONS APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CH3tNGES TO RESERVES FOR CONTINGENCIES. 8 o PUBLIC PETITIONS Deputy Sarah Lanius regarding the use of surplus land adjacent to the existing landfill for the Police Athletic League. Staff to bring back as a regular agenda item (Consensus) Tom Henning regarding a landfill host fee. Solid Waste staff to look at other communities and come back to the Board with a recommendation (Consensus) COUNTY ADMINISTP~ATOR'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES Accept the 1999 Standard Tourism Agreement between Collier County and Gulf Coast Runner Approved - 5/0 Accept %he 1999 Standard Tourism Agreement between Collier County and the Conservancy of SW Florida, Inc. Continued to 6/8/99 5/0 Accept the first amendmen~ of the 1999 Standard Tourism Agreemen5 between Collier County and ~he Marco Island Film Festival, Inc. Approved 5/0 CONTINUED FROM THE M3%Y 11, 1999 MEETING. A report to the Board on the Transportation Element of the Collier County Growth Managemen~ Plan. Staff suggestions to be implemented and brought back to the BCC on 6/22/99 Moved from Item #14A 5) Update on stipulated agreement package to the Department of Community Affairs. Chairwoman Mac'Kie to call Secretary Siebert~ and Staff to negotiate with DCA (Consensus) B. PUBLIC WORKS Adopt a Resolution authorizing the acquisition by gift, purchase or condemnation of fee simple May 25. 1~;%~ Added 3) D o F o title interests and/or perpetual, non- e×c!usive, road right-of-way, sidewalk, utility, drainage, maintenance and temporary co:-.s~ruct:~on~,,~:~'-~ts:.~-~ bv easemen"~, for the co::s~ruc~.ion of the Four Laning improvements :or ~,~m~,.alee Road ,'C.R.84o': oj t_ between ?5 and C.R. 951 CIE No. 08. Res. 99-249 Adopted 5/0 Ado5z a Resolution authorizing the acc~uisitioIt by ~ .... purchase or condemnation of roe simpi'~ '-itie interests ~or const_rucLion o~ Lhe initial %we-lane roadway improvements for Livingston }::cad fr,)m -mmokaiee Road (C.R. 846, tto a poi:ti_ 0.5 mil,::s south o; the Lee/Co!~ ie: ~' .... __' ,~0. 21 . CiE Proj~r'= '~ Res. 99-250 - Adopted 5/0 Approve authorizat{on for paymen[ for repairs, modifications and equipment necessary for continued operation of the Naples Landfill. Approved 5/0 of nsn-ssec!fics~on ma~eriai from ~he Naples beech. ,S~affs request) Presented PUBLIC SERVICES ~.~.hu_ ~zaY!o.q to draw funds from lhe r~r'~,ntiY authorized ' ine of credi~ and extend the closing da~e cn %he North Naples Reg,onai Park proper~i,'. Stafff reco~endation Approved ~/0 SUPPORT SERVICES COUNTY ADMINISTRATOR Approval of a Reso!uZion giving Notice !nten~ to Levv the Six Cents Local Option Fuel ia:.: upon every gallon o{ motor fuel and diesel fuel sold in Collier Cou:izy ~o be elfective 5epten.~ser i, 1999. Companion item ilo be iteard immedia%e!y following Item Res. 99-253 Adopted 5/0 AIRPORT AUTHORITY G. EMERGENCY SERVICES 9. COUNTY ATTORNEY'S REPORT Moved from Item ~16J2 A. Recommendation to consider a settlement proposal iu the case of Bambi Henderson, et al., vs. Collier County, Case No. 97-3387-CA-01, pending in the Twentieth Judicial Circuit Court in and for Collier County, Florida. Attorney Pivocek to proceed w/litigation - 4/1 (Commissioner Constantine opposed). 10. BOARD OF COUNTY COMMISSIONERS Appoin~m_nt of members to the Contractor s Licensing Board. Res. 99-251 appointing Sara Beth White, Gary Hayes and Les Dickson Adopted 5/0 Appointment of members to the Collier County Water and Wastewater Authority. Res. 99-252 appointing Fay Biles and Ander LeCrone - Adopted 5/0 To be heard before Public Petitions C. Consideration of termination of emp!o?'ment o[ Count}~ Administrator. County Administrator to be retained; guidelines regarding plan of action to be presented in June for Mr. Fernandez's evaluation in November - 3/2 (Co~missioners Norris and Constantine Opposed) Added Reappoin%ment of one member to represent the BCC at DCA ~Commi ss/.oner No Action 11. 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 PLAN AMENDMENTS B. ZONING AMENDMENTS C · 1) Petition R-99-3, Geoffrey Purse 0£ Purse Associates, Inc. representing Golden Gate inn, requesting to change the zoning classification of a property from "GC" Golf Course to intermediate commercial district. The subject property is located on the southwest corner of Golden Gate Parkway and County Road 951 Section 26, Township 49 South, Range 26 East, Collier County, Florida. This size consists 1.81 acres. Motion to approve Denied 3/2 (Commissioners Berry and Norris opposed). OTHER An Ordinance cf Collier County, Florida, establishing maximum towing fees for non- consent towing and directly related non-consent storage of towed vehicles; providing for conflic% and severability; providing for inclusion into the code of Laws and Ordinances; providing a special effective date. Ord. 99-38 Adopted 5/0 21 THIS ITEM HAS BEEN CONTI}~ED TO THE JUNE 22, 1999 MEETING. Recommendation to adopt a new ~ ~ro! Ordinarce i.i~te'r, Weeds~ and Exotics _on~ and to repeal Ordinance 91-47 as amended. Approve an ordinance relating to Park and Recreational facility impact fees. Ord. 99-39 (Option ~2) - Adopted 5/0 Approval of an Ordinance providing for the imposition and extension of levy of the Six Cents Local Option Fuel Tax upon every gallon of motor fuel and diesel fuel sold County and taxed under the provisions of Chapter 206, Florida Statutes. Ord. 99-40 Adotped 5/0 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS 14. B. OTHER STAFF'S COMUNICATIONS Moved to Item ~8A5 A. Update on stipulated agueement package Departmen~ nfl Community Affairs. Added AuLhorizaEion for Lice Chairwoman to sig~ a letter Requesting a veto of Senate Bill 318- intangibles Tax/County Revenue Sharing. (Staffs requestl No Action Added Discussion r~garding the definiEion I~obby[s~ Attorney} Discussed ( CouN [i '¥ 15. BOARD OF COUNTY COP[MISSIONERS' COMMUNICATIONS To respond to three issues that were rai::ed bi' the Chairwoman during the presentation of ~.h,, ]998 Comprehensive Annual Financial Repor~ by the Finance and Accounting Depar~men~ and KPMG, LiP, on Tuesday, April i3, 1999. Informational Item Only Added B. Discussion regarding Burn Ban (Commission Berry) Further information will be forthcoming as it is received. 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 Consen~ A~enda and considered separately. Approved and/or Adopted with changes 5/0 A. COM3~UNITY DEVELOPMENT & ENVIRONMENTAL SERVICES Withdrawn Authorization o~ a 5{1% ',,,'aive: /'50% deferral o[ impac~ fees for one house 2o be buil~ bi' Larry P. Basik and Anita L. Basik in King's Lake, Collier CounEy. Interlocal Agreemen~ for the creation of the Collier County Metropolitan Planning Organization. Res. 99-237 and Interlocal Agreement Request to approve for recording the final p!aL of "Yierra Lago II'. Request to approve for recording the final plat of "Pelican Marsh, Unit Twenty-Five" and approval of the performance security. W/Construction and Maintenance Agreement, Performance Bond and stipulations Request to approve for recording the iJnal plat ,of 7anderbilt Country Club-2" and approval of the Standard Form Construction and MainLenance Agreement and approval of the amount of the performance security. W/Construction and Maintenance Agreement, Performance Bond and stipulations Request to approve for recording the final plat of "Cedar Hammock" and approval of the Standa:~i Form Construction and Maintenance Agreement and approval o£ the amount cf the performance security. W/Construction and Maintenance Agreement, Performance Security and stipulations. Recommendation Lo approve Excavatio:,. Permit 59. 694 Oterc, Lake 2 Excavation !ocaLed Sec~.ion 5, Township 48 SouEh, Range ~?. East: bounded on the north by vacan~ lot. on uhe oas} by ',,acanL lo~, on the south Ov 56':' Avenue N.R. R/}; and en the wes~ by vacan(- lo~ . W/Stipulations Authorize a 50% waiver/S0% deferral o'. i"mpacL Fees fo:; one house to be bL:J].L by Rafa~i Morales anJ Juana Perez in Naples F. ano.~ Unit- One, Collier County. Res. 99-238 and Agreement Approval of a resolution to eztend the Lake lrafford Restoration Ad Hoc Task Force through ;day 7, 2000 and re-appoint/appoint members. Res. 99-239 re-appointing/appointing Barbara B. Berry, Dr. George G. Yilmaz, Ed Carlson, Dr. Eric Flaig, Gene Hearn, Jon M. Iglehart, Frank Morello, Edward "Ski" Olesky, Miles "Rocky" Scofield, Michael Simonik, Jackie Smith, Clarence N. Tears, Jr., Fred N. Thomas, Jr., and P am Brown Apprc)val of site alterations exceeding 25 acres ~,~ap ~ e.o Lakes for clearing and filling in the '~ ~ ~' Country Club Development. F~nal acceptance of sewer facilities ac_=ptance for HerLtage Links at Naples Heritage. · ,_ ~u=~ ~o apnrove for recording ~he [ina~ p~at of "5cuZhport on Zhe Bay, Unit' 2B". RequesZ to approve for recording the [ina! plat of "t.,~ap!es Lakes Country Club" and approval of the Standard Form Construction and Main[enance Agreement and approval of the amount of performance security. W/Construction and Maintenance Agreement, Performance Security and stipulations. Budgel amendmen~ for the provision of transpertazion d4sadvantaged services. In the amount of $139,503.00 PUBLIC WORKS Reccmmendakicn that the Board cf C. ou~'~.~l' Commissioners approve the compensation amount for Fiscal Year 2000 as contained herein with Se'yF~rR Trent Environmental Services, lnc. ho prov{de for current Contract Manager Services for the Pelican Bay Services Division. In the ~ount of $48,000.00 i;:ecomF, eudat.!on ';.tn' a"~ hhe Boa:'~_, o- f ,~'-'unt;'~ ::;rider the ;,el[can Ba'/ Services Di','J. sion's Wiison, Mi'i!er, Barton & Peek i:t an amounh no~ 2o exceed 5%, 000, he prepare ~he Preliminary and Final Assessmen~ Roll ~er zhe Non--Ad valorem Assessmen[s for Beau[ifica~tion of RecreaZienal Faci!i[ies and Median Areas, and Maint_enance of Censerva[ien or Preserve Areas, ~ S 4i Berms, St~_e2 Sianage Replacements '-h; the Median Areas and handsca:3, in{: Imp~-e',~-menzs..~ ,_ zo U.S. 41 EnZrances, all within 2he Pelican Bay Municipal Service Taxing and Benefit Unit· ,; C · Approve Supplemental Agreement No. 8 with Hole, Montes and Associates, Inc. for the Immokatee Road Six Lane Improvement Project Ho. 69101; CiE No. 08. In the amount of $46,660.00 Award a Contract to Florida State Underground, Inc. to construct a Master Pump Station and Force .Main for the connection of Eagle Creek PUD and other developments to the Collier County Sewer System, Project No. 73057, Bid No. 99-2928 . In the amount of $209,394.95 Request approval to exceed the $25,000 limit on purchase orders for Ortho/Polyphosphate until a rebid is completed and an award made. Recommendation to approve Mid-';ear Adjustments to >~ater Management CIP Budget {Fund 325) . Approve Agreement to reimburse developer of island Walk to expenses related to construction cf Stormwater Management Facilities. In the amount of $158,400.00 Consideration of Budget Amendment Appropriating Lawsuit Settlemen~ Proceeds in the Road and Bridge Fund. Recommendation to Award Bid No. 99-299.1 for Acti'.'ased Carbon. Awarded to Chem-Trade International of Canonsburg, Pennsylvania. ii' Approve Work Order to Camp Dresser and McKee, Inc. for engineering services related ~o updating the Wastewater Effluent Master Plan, Project 74029. In the amount o~ $73,700.00 !1 Agreement to reimburse the Property Appraiser and Tax Collector for services rendered for the Golden Gate parkway Water and Wastewater Municipal Service Benefit Unit. PUBLIC SERVICES Approval of sole source purchases from Data Research Associates, Inc. m o 2) A request for a permit to conduct three (3) separate carnivals hosted by the Parks and Recreation Department. CP 99-3 Summerfest; CP-99-4 Countyfest; CP 99-5! Snowfest Application fee and surety bond waived Approve Summer Food Service Program Grant for Immokaiee and Naples Summer Recreation participants. Authorize the Collier County School Board to pre,are the food for the Summer Food Servi. ce Grant Program. Authorize G.A. Foods to prepare th%- food [or the Summer Food Service Gran~ Program while summer school is not in session. Approve An application to the Florida Department of State requesting Historic Preservation Grant funds to assist wiEh the restoration of the Roberts Ranch in [~moka].ee. Approvsl for Librar'/ to apply for Gates !,ibra:'y Foundation Grant. Authorize staff ~o proceed wi~h negotiations with Westinghouse Communities Naples (WCN) to exchange properties located at the County Seagate beach anl the development prev.:ous!y k~o'wn as Naples Approve a Reso!u%ion reia~in~ to bsach parking fee policies and procedures. Res. 99-240 SUPPORT SERVICES Apprcva! of a Resolution and Lease Agreement be%ween Collier County and Florida Gulf Coast University for Radio Antenna Space. Res. 99-241 and Agreement Authorization to ExecuSe Satisfaction of Lien Documents Filed Against Real Property for Abatement of Nuisance and Direct the Clerk of Courts to Record Same in the Public Records of Collier County, Florida. A Resolution Approving the Satisfaction of Liens for Certain Residen[ial Accounts Wherein Z o 11' the County Has Received Payment anti Liens are Satisfied in Full for the 1991 Sol~d Waste Collection and Disposal Services Special Assessments. Res. 99-242 A Reso!uLion Approving the Satisfaclion o£ Liens for Certain Residential Accounts Where[~ ~he County Has Received Payment and Liens are Satisfied in Full for the 1992 Solid WasUe Collection and Disposal Services Special Assessments. Res. 99-243 A Resciution Approving ~_~he Satisfaction of Liens for Certain Residential Accounts Where[:~ 7he 2ounty Has Received Paymen~ and Liens Saris[led in Full for the 1993 Solid Waste Collection and Disposal Services Special Assessments. Res. 99-244 A Reso'u~ion ADsro';ing ~he Satisfac~isn of ~ ........ ~ ~'.s ~or %'e~ ~ ~ .! Res'ioep~- ~ia]_ .L'~'c'ZLLS. ....... Wheu Satisfied in Full for Ehe 1994 Solid Waste Assessments . Res. 99-245 Award of RFP ~99-2907, Property and Casualty insu_a,~e Bwok~ra{1~ Services =o i:isuraF~C~' a:Id Risk Hanage.memt Services, Inc. 'rc Authorize zhe .2card /hair',;or, an zo Sign a ,~nrandum._::.~ ~,~_ ~ Ur,.~.~s~aniing, .,._. [o~ a Su~nme~' Youth Program. '~ n~ .... ,~ an rnceriocat ~ ~ , ~ he ~.c~_~me:l~ tween [ Board ,of County Commissioners as iL Relates to lhe SouLhwesl F!.:3r:da Job Training Consortium. Approve Emergenci.' Repairs Co lhe Main Gevernmen~ Complex water System. Budget Amendment in the amount of $116,200.00 COUNTY ADMINISTRATOR F o Budget Amendment Report Budget Amendments 99-256; 99-264 A Resolution auti~orizing the borrowing of an amount not to exceed $6, 500,000 from the pooled commercial Paper Loan Program of tile Florida i~oca]. Government Finance Commission pursuant ~o lhe Loan Agreement between the Board of Count}' Commissioners and the Commission in order to finance the acquisition, construction and ec~uipping of an administrative building for the Collier Count},' Sheriff's Department ; authorizing the execution of a loa~ note or no,es with a covenant to budget an~: appropriate locally available non-ad valorem r~venues as provided in the Loan Agreement; authorizing ~he execution of such other documents as may be necessary to e~fect such borrowing, and providing an effecuive date. Res. 99-246 BOARD OF COUNTY COMiMISSIONERS EMERGENCY SERVICES budce5 amendment n(~r~sarv ~o r3av fee coli~tion cos~ Da'°'able ~o Pevie',; and Permit. ting. Approve and xe,-'utz, e a:l agr¢~'-~r'~ Er, pro-Tide fo-~' a ma:<~mum e:.:pend~ure of $50, 000 from Lbo .~A_ Land lrust ~o purchase land and kc initiate t_he design of an EMS and future Sheriff's Office · ' ~-~, Golden Ga5~ SubsEaL~on ~o be ioca~ed w~ Estates. 'irealion of Team Collier 2000 Task Force to ...... ~' ~e Y2K ac~i';it~-~ ~hrouchout Col]i~- {l O 'd n ~ y . MISCELLANEOUS CORRESPONDENCE !} Miscellaneous items ~o file for record with action as directed OTHER CONSTITUTIONAL OFFICERS i} Recommendation tha2 the Board of C{,unty Commissioners approve a Budget Ame]~dment in the amount of $325,000 transferring fu~ds from Reserves to Redemption of Long-Tern Debt-Pine Ridge Industrial Park and Naples Production Park Special Assessment Bonds, Series 1993. u~,'o~nm_,dation' ~n to approve an increase of ?ifteen Sworn Law Enforcement Officers in the 1998/99 Sheriff's Office Budget for the United States Department of Justice Three 'fear COPS Schools Grant Program. Recommend that the Board of County Commissioners endorse the Collier County Sheriff's Office Grant Application for continued funding for the State of Florida, ~epar~ment of Community Affairs, Anti-Drug Ac Formula Gran~ Program. Recommend that the Board of County Commissioners endorse the Collier County Sheriff's Office Grant Application for continued funding for the State cf Deoartment of Community Affair's Formula Grant Program. J. COUNTY ATTORNEY i'crr i ss Lo:lo :is -i[}~r~ ........ ~ ...... '3n P~r-_el /is. 4~ in the iawsuin en'iiiied is_'-s's:-:.~''ion ~,~ £o~'n'~'es~ ' Florida-n_~.,.o....,"~'~ .... ,' Bay Leauh P.oed Four-!aning Project No. 60021) Staf~ to deposit the sum of $250.00 into the Registry of the Court Moved to Item #gA Recommendation to consider a set~iement proposal in the case of Bambi Hendersoh, al., vs. Collier County, Case No. 97-335~-CA- 01, pending in the Twentieth Judicial Circui~ Court in and for Collier County, Florida. K. AIRPORT AUTHORITY Request Board's approval to pay for expenses associated with the Schedulers and Dispatchers Trade Show out of the Airport Authority's Tourist Development Tax Grant. Rented popcorn machine at a total cost of $229.95 coming from the Tourist Development Tax Grant and $98.55 coming from the matching funds 17. from Chevron and the Airport Authority. Recognize and appropriate additional revenue ir] the Marco island executive airport budget. To recognize an additional gran2 .o[ $41,000 an(] increase the Immokalee T-Hangar Construction Budget by 582,000. Approve a budget amendment that will recognize an add[tional grant of $110,000 and increase the Marco Island T-Hangar Construction Budget by $220,000. Recognize and appropriar_e additiona] revenue the immokalee Regional Airport Budge~. SUMMARY AGENDA THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECO~4ENDATION 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!~ING COF2~ISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMI~ENCEMENT 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. Petition PUD-84-11(2) Greg Stuart of Stuart Associates, representing the Diocese of Venice, requesti'~c a rezone from "PUD" to "PUD" which w~i~ <:on~inue to be known as the ',/incent~an PUD having hhe effect ef eliminating cerhain uses: ~Jecreasing ~he land area for residential and group }~ousing land uses; increasing the residenEial dens,tv from 3 dwelling units per acre ~o 4 dwelling units per acre and cenverting 8.5 acres for commercial land uses and 11.7 acres for preservasion purpcses fer prepert}' loca[ed at the southeasr~ corner ef Southwes~ Boulevard and Tamiami Trail Eas[ {U.S. 41) , in Section 32, Township 50 South, Range 26 East, Cel!ier County, Florida,' consisting ef 30 ac res . Ord. 99-37 Petition NUA-99-1, Marklin and Evonne Prescott, requesting approval of a non-conforming use alteration to replace a mobile home damaged by a fire with another mobile home in an RMF-6 residential multi-family district. The subject n~on=rtv is located at 3255 Lunar £treet off Bayshore Drive. Res. 99-247 THIS ITEM HAS BEEN CONTINUED INDEFINITELY. Pet il.i,~JI1 PUD-98-13 .... Bruce Anderson of Young, van ............ :~ · l Varnadoe, P.A., representing Collie:' Dev~:lonment .Co~-ooral~ox r~,n'l~ShiF, g a ~-~.zone rroR! "A" Rural Agr!.cultYre to "PUD" and PUD to Pu~ Plan:],:d Development to be <,:o,.n as Collier Tract formerly Beachway PUD. for a golf course anti .... ~.:'so,-" and [nc~dentai fac~iihies inckudi:ig clubhouse, 50,000 square fee% of C-3 commercial uses and/or a hotel on n~op~t~ located b~¥'~r'n "J 5 4 c:: the east ~nd Vanderbilt Drive on the west:, ::st'::-. cf ''":' ' ~"P and south o~ the ~'" ? i',',::'. :.n :~er't4',. ,: .... ,,.n 17 8 cout h ;>;lng(: ' ~ ~ ,i .; ' -i 'l r o S. Petition VAC-99-010 to disclaim, renounce and vacate the County's and the public's in~eresl ir,, road ~ighl of wa',' located within the Cedar Hammock project which ',;as cox';eyed to 2he County by 0.~. Book i95, Page 465 and road right of way, uti. lit',' and drainacjt, easeP, e:;hs conveyed to the County by O.P. Bt>ok 240, Page 896, Public Records cf Collier Connt7, Florida, 3nd b(:inq l:)cated in Section Range 26 East Res. 99-248. THIS ITEM HAS BEEN CONTINUED TO THE JUNE 22, 1999 MEETING. PUD-99-01, William L. Hoover, AiCP, o~: Hoover Planning, representing Daniel R. Monaco, Trustee and Michael E. Nortman, Development Manager, The Prime Group, Inc., requesting a rezone from "A" Rural Agriculture and "PUD" P].anned Unit Developmen~ ,Nolake PUD and Zurich Lake Villas PUL} ~o "PUD" P]c~xned Unit l)evelcpmen% to he kno',,'n as Malibu Lake fo~ a ma:,:i:num of 732 :nuiti-[ami!v d'..,'eiii:~g un,ks and commercial uses for properly located on ~he south side of Immokalee Road and the easL side ef i-25, in Sec%ion 30, Township 48 South, Range 26 East, Collier County, F!erida, consisting of 128.92 +/- Roi-es. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY ADMINISTRATOR'S OFFICE AT 774-8383. 05/25/1999 ~7: ?B 9,.l177,-ld0]A C. OtA',lT'/ H~kS.C~F' BOARD O' ~ UNTY C Mi lONERS'MEET G ~- MAY.~..~, 199. 9 ~_ STATUS REPOBT ON CONTRACT NO. ~7.2771. REMOVAL OF NON- ~_~ A~HO~ZAT~ON FO~ TIlE CHA~nWO~N ro sion n LETTEH REQU~TING A ~TO OF SENATE BILL ]ln- iNYANGIBL~ T~'OUNTY RE~NUE Sll~NO. ~STAt'F'S .~THD~W: ITEM 15~)~ AUTIIO~TtON OF a 50%~A1~30% DEF~'~L OF IMPACT FEE~ FOR ONE ilOUSE TO BE BUILT BY I~Y P. BASIff AND ANITA L. mNG'S i~KE. COLLIER COUNTY. (AppLICaNT'S ~QUESD. 14(AI TO 8(~ TO BE t[fA~ mnsr UNDER M~: ITEM _ --~ ..... TE ON S~IPUI~T~ AG~EMENT pAC~(;E T~) TIlE DEPARTMENT OF COMMU~ t~ ~r, ....... MO~: ~ ' ~COMMENDATION TO CO~SIDER A SE~L~ENT ~RO~3~L IN THE (~t.VE OF ~MBI IIENDERSON, ET AL, ~'. COLLIER COt/,~TY, 97-JJST-C.4.01. ~'YAFF'.~ ~'~UEA'~. PROCLAARA TION f WHEREAS, since I963, the President of the United States has designated a week as National Smd/Business Week in recognitiion of small bus/ness community's contributions to the American economy and society; and, WHEREAS, the Economic Development Council of Call/er County, the Un/ted 5 to res Sma//Business A dmin/stro t/on, and other sma//business supporters spor~qor special ac t/v/ties honor/nE the no t/on'$ entrepeneurs at the local, state, and national/eve/s; and, WHEREAS, the Sma//Business Development Center, F/or/do Gulf Coast University, and the Service Corps of Retired Executives (SCORE) strive to provide economic opportunities for entrepreneurs throujlh bus/ness expansion and new business deve/opment for small bus/ness,' and, WHEREAS, WHEREAS, the Co/h'er County Bankin~ Partngrsh/p prom o res sma//bus/ness and minor/tX busit~s$ developm#tit fhr°~h the M/croloon program, ossi3tt~ perxo~ needi~ a small busies I~n, and, the ~mber of 5m~E bus~ss~ m'CoI/len C~ w~th 20 employees or/~¢ co~'t/tu t~ 90 percent o f th~ to rOI number o f bus~ess~5 in the ~rke t.' nad. . WHEQE~5, the Economic Oeve/opm~t ¢ooncil of ~olh'er ¢ounfy conh~ues to ~rv~ ~ on o~ocote for smd/b~in~ by end, voting to creote pr~s thor promote high ~, job diverd~ic~tNn nad econom~ pro$peH~; ~n~ NO~ THEREFOR~ ~ H proclat~ed by the Board of CO~ Comm~s/onerz of ~ol/i~ ~oun~ ~lorido, that fha ~eek of M~ 23 - 29, 1~9~ be des~nated ~' - .... , .. i '""" y:' '~ ;7: ;".~ NA ~OMAL S~A~ BU~NEZ5 ~EEK DONE AND ORDERED THIS 25th Day of May, 1999. BOARD OF COUNTY CO/M/MISSIONERS COLLIER COUNTY, FLORIDA P~OCLAA~A TION WHEREAS, Sprint began in 1899 as Brown Telephone Company th Ab/lear, Kansas,' and, WHEREAS, in I00 years. Sprint has grown into ag/aba/telecommunications company at the forefront in t'ntegratlng local, long distance, w/re/ess and dorm communications; and, WHEREAS, whale Sprint has grown up, it has never grown away from its local, home town roots; and, WHEREAS, _~prmt today provides local service to more than 7 m/ilion customers in 3,000 commun/h'es across 18 states,' and, WHEREAS, 5print has a r/ch h~story dating back to the beginnings of telephony m F/or/da 100 years apo; and, WHEREAS, Sprint serves more than 209,500 access lines in Collier Count>;' and, WHEREA~, Spnht offers the res/dents of Collier County an extensive menu of telecommunications products and service~; and. WHEREAS, Sprint is a so/id partner and a cons/stent and generous supporter of Collier County's economic, educational and charitable programs, NOW THEREFORe, be/t proclaimed by the Board of Counl? Commissioners of Co],/!er tour!y, Florida, tho t 1999 be des~gna ted as :_$PRINT'S I00TM ANNIVERSARY YEAR and recognizes the contributions Sprint has made to the telecommU~iCation~ industt?, to the communities it serves and to its customer.~ DONE AND ORDERED THIS 25th Day o£A4ay, I999. BOARD OF COUNTY CO/~[~ISS£ONER5 COLLI~y. UNTY, FLORID/ A TTE$ l~' ?ROC£A~A TION WHEREAS, on any given day, more than 10,000 children in the 5tote of Florida are h'vl~9 in foster care; and, WHEREAS, foster parents throuEhout the State of F/on'da dedicate themselves to prow'dtn9 foster children with the love and values that help prepare them for responsible adulthood,' and, WHEREAS, in the month of A4ay, pubh'c and private sector aEencies, child advocates, and residents will be increasin9 the pubh'c'5 awareness of the needs of foster children and the endurin9 and valuable contributions of foste~ ~rent~.' - NOW rHE~E~On~?t ~r~a;~e~ ......... . ..,.~ .... by the eoar~ o~.~u~ ~ ~omm~sstoners o f .- ,~ .~.~.~ ~ .... Colll~ ~ou~, Flon'~, Ihat t~e month'o?~?~999 be designated . . . : ,. , ~. ~ %~':;.:':'; ... in FtoNda and ~ aH re~ident~ ~o voJunteer th~i~ talent~ and e~rgi~ on behalf of fo~ter children and fo~er~rents ducmE th~ £OA~D OF COUNTY COt4A4£SSIONER$ BROCK, ~££~K 1999 T()UI~,iSM A(;REEME.NT llETWEEN COI,I.IER COUNTY AND Tile (';UI.F ('OASI' RUNNERS CI~UF;, IN(7. RI:.(;AI~,DI.N(; .NAI'I.E.',; ON TIlE RUN 20K I{A('t'~ WI IF. RttAX. ibc ('()l 'N'I'Y h;~s ;id~plcd ;l 'l'ourist l)c~ clopmcnt t~ ;~s "Pl;m"t I'undcd h'. pr~cccd~ I'r~m~ !he 'l~u~i~l l)cvcl~qm~cnt };~x Wltt~REA~, (iI<..XN'I'ILtL has upplicd Io thc Tourist l)cvel(qmicnt 'l;~x ('t~uncil mid thc NOW. Tttt~Rf~F'()t~I:.. l~.,X~l~I) P()N I'11t~ Xll"II'Al, t'RENIISf!~ PI4()VII)I~F) tlI~Rt~IN. ANI) ( !tlt'.14 N'Ai.I.':Xf~I,I'] ('()~%II)l'~ltA'l'l()~J. II I. ~CDP!.{ ()~].~f~RK' In ~cc~,:~,~c'c ~','~1~ thc I~ud~u~ ;~tt~chcd ',ts l{xhih~ "A." ~l~c (']RA~ I'I{IL shall pr~idc ud~crlisin,z and pr,,~c,~i~m of Thc ~aplcs on ~hu Ru~ 2IlK 1;icc. 'l'hu lllCllt [0 tl~is .,X~r'ccmcnt u~ provided in Sccli~n 1- 2. I':NV%IEXT: The amoun~ ~,~ hc paid under Ihi~ A~Fccmcnl xh~,ll hc 'l'h,'cc Thousand f-'~mr t tumtrcd l)oll;~r's (S3.4~ ~ (~) Iht (}l<.,X~'I't~I~ sh;~ll hc p;~id in ;~cc,rdam~cu ~vilh Iiscal prncL'dtircs ~l' lhL' ('ountv Ibr expenditures incurrL'd Ii~t' thc services dcscrihcd in Ihe inv,,icc arc complelc,! or lh;~l ?~ods h;ivc hecn received. (';RAN'I'Iit": shall determine thai thc goods and services have hccn pm'q~crmy providc~l, and shall submit invotccs to thc ('ounty Admmistrator or his designee. Thc('ountvAdminislrator his designee shall determine that the invoice payments are autbarizcd and thc goods or services covered by such invoice t',avc been provided or perJbrmcd in accordance with such at~thori/ali~m. 'l'bc linc item huduct attached tis t{xbihit ",X" shall constitute autha,'ixatum of thc cxpcntlitttrc thereof and shall be supp,.)rtcd by copies of corresponding vendor inxx~iccs and pro[~l' o{' receipt ol' goods ar pcrlbrmancc o1' thc services invoiced. (}RANTI{[~ shall ccrlil'v in writing lhal all subcontractors and vCII~IoI'S haxC }1CCI1 paid tbr work and 111alcrJals I'FOIll previous thc GRANTEE shall he paid lbr its actual cost not to exceed thc total amount lbr v:u'ioux linc JtClllS alld Lip It/ thc maximum alllOtlill bLidgclcd pursuant to thc Auachcd "tLxl]ibit A" 'ibc alllOLllli, lll~lk' hv ~crcxs,'d ~r decreased hx up to Ich pcl'CCnt (1~)",,) at thc thc ('()tllll)' ,.Xdmlnistrator or his designee. 3. (I.IGII3L!i [iXP[~NDITURE~ ()nlv eligible expenditures dc:4cribcd in %cotton 1 will bo paid by COt'NTY. Any expenditures paid by ('()IJNTY which arc later dccmctt to bc ineligible cxpep,.titurcs si~all bc repaid ta ('OI;N'I'Y within 3() days ,~I'(()t,NIk request to rcpa}' sa~d ('unds, f'f)L,FN'I'Y max request rcpaymcnl o1' tmuxds for a period 4. JSSURANCti: GRAN'I'EI! is recluircd to submit a ('cr~itScatc naming Collier (.'t)t ~t>'. and its Board ol' County ('ommissioncrs and ibc Tourisl Council as additionally insured. The ccrtilScalc must bc valid tk>r thc duration ol' this Agrccmcnl. and be issued hv a COllqpally licensed in thc Slate o(' I"lorida. and provide (icncral l,iabilitv Insurance Ibr no less titan thc I'allowmg amounts: B()DII.Y IN.It ~RY I.IABII.ITY 53(10,()[)[) each claim per person PP, OPF. P, TY D,:,, M ..\C, It I~I,.\BII. ITY S311~'I.tI/IO cach claim pcr person f'f-~RSONAi, iN.IURY I.IABII.ITY $3/10.UI)O each claim per pcr.scm WORKfT. R'S CO.MPF. NSATION ANI) E:MPI.OYF. R'S l.l.,\BIl.ITY-Statumry Thc ('crlil]cat¢ ot' Insurance must bc dclivcrcd to thc County Administrator ~' his ',,.'ifldn ten da,,'s ot' execution of this .-\~recrncnt bv thc ('OUNTY. Thc (iRANTItlt shall o,)mmcncc pmnlotio~;~ ami advcrt~sin,~ acti','itics v.'hich arc to bc l't~ndcd l~urxu;mt ~,, ti~is ,,\grccrncrn until thc ('ertl Ilcutc {~1' Ir~surancc has bccn received by thc ('()t iN'I Y. 5. ,",I©,N'I'ItI.,Y RI~PORT,'5: (iI(,,\NTF. I! shall provide to ('~mntv Im'mthlv rclmI'~s thc dulics pcrtbrmcd aim service provi,.tcd bv (iR,.\NTf!t!, ils vcn&ws ~r s, ubcontraclors. Imrsu;~nl t,) tl~is ,,\grccmcnt. 'ibc report shall idcntil'v thc amcmm spcnl durinp Ih,,: preceding 3() davh and thc dullcs pcrl'{n-lncd, and Ibc sci'vices imwldcd and ?ods dcli,.c~c~l ,l~nilltz said (iIL,,\N'['[{t{ .'4:hall lake rcasonai'~Ic IllCaStlrCS 1('} assure tile continued :.<~tls!':lcl~rv pcrl'orm;~ncc all vendors illld subcontractors. ("If©ICI! OF VENDORS AND F..\IR DEALING: (iltAN'I'f'~I: mav select vendors or sub¢Olllractors l',;~ provide sc~'ices as described in Section I. ('OUNTY shall r,,~t responsible l'or payin!4 vendors and shall not be irwolvcd in Iht selection ~1' subcontrach~rs ~' vendors. (iR.,\NTt{F. agrees to disclose anv relationship between (]RANTI!F. aid Ibc tractors ~r ,,'cndt,rs, including. }~LII llOt limited to. sin]ilar or related cmj)l()yct_'s, a?nts. directors and, or shareholders. ('OUNTY may. in its discretion, oblcct t~ thc rcas{mal~lcncss cxpcndilurcs alld require l'cpaymClll il' invoices have been paid umtcr ti~is ,,\?'cement unreasonable expenditures. The reasonableness of tile expenditures shall bc basctl on imtuslrx standards. 7. IN[)EMNIFIL','VI'ION' 'Iht (iI<AN'I'ILIL shall hold }~armlcss and dclbml COUNTY. ami its agents and emplo)ccs, from any and all suits anti ac:i~ms ~nclmling tbCS itlld all c,~sts of ]illgatl{~ll illld .ILldglllClltS oJ' lilly llitlllC illld dCScl'il)llOll arising out ,,1' incidontal to thc pcrlbrmance of tills Agrccmcnt or work pcrtk~rmcd thcrctmdcr. 'l'his provision shall also pertain to any claims brought againsl the ('OUNTY tw any employee of thc named GRANTEE. anv subcontractor, or anyone directly or indirectly employed or authorized perform stork by any of them. Thc GRANTIEE's obligation tmdcr finis provision shall not bc limited in any way hv ~hc agreed upon Agreement pFicc aS ShOwn in this ,.Xgrccmcnt ~,r' thc GRANTIEIE's limit nf. or lack o1', suflScicnl insurance protection. 3 ~O'I'1C[5~: All imticos fromlhc('¢)UN'FY tOl}lc(}RANTt515shall bc in ~r~I~ug and dc¢Incd dulv scrx'cd ii' re;Hied bv rc:jistcrcd or certified mail 1o ~hc (}R.,NN'I'I'iI{ ;il Iht lbllowing address: Perry Silvcrman, Race I)ircctor Gulf Coast Rmlncrs Club, Inc. P. O. Box 8636 Naplcs. Florida 341(~1 All notices l'r~m~ 111o t}fL,,XN'I'EJ{ to linc ('()tTNTY shall be in writin~z a~d dccmcd tlulv xc~'vcd il' .Second Floor, Administration Building 37~1 'I'amiami Trail l!ast Naples, Florida 34112 pa~ncrshii~ bclw~cn gm ('O[.:N'I'Y and Ibc (;RAN'I'i!i{. or ils vcndor cons~i~u~ ~hc ('~R.,~'I'I{I{. ~r ils vendor COUNTY. Suction g and spucit~'ing thc cflkc~ivc date of lcrmination. Ii' Ibc ('()[ 'N'I'Y terminates lhis Agreement, tim ('O[;NTY kvill pay thc (SR,,XN'I'E[! lbr all cxpcndilurcs ~ucurrcd, ~r conic'actual obligations incurred xvilh stH~contractors and vendors, tho tormination so Io~:g as such expenses arc eligible, I'~'ovidcd, however. ~n' il' (SRANTI~}~ fails to hold thc event or actively. (il<,.~N'l'}![i shall pay ;o ('()~ 'NTY all Funds cxpcrldcd by ('()[ TN'FY pursuant lo tills ..Xgrccmcm. un]ess thc completed promotion and advertising of thc event or activity kvcrc tourist dcvclopmcnt tax tSmds. 11. ~NgRAL :[('COUNT[NG: C}R.,XN'I'[~[! is required to maintain complclc and accurate accounting records and keep tourism funds related to thc Agreement should bc recorded, and all expenditures must hc incurred witi~n thc tcm~ of this A~rccmcnt. 12. AV,,XIL.-XBIL1TY OF RECORDS: GRAN'FEE shall maintain records, hooks, doct~mcBts, papers ami ll~ancial inlbrmation pertaining to work pcrlbrmcd trader this Agree- mum. GRANTEE agrees thiit thc COt ;N'I'Y. or any of its duly authorized rcpruscn~ati~ cs. shall. until thc expiration ~1' three (3) years allot final paylllgllt under this Agreement. have access h,. and thc right to cxanlinc and photocopy any pertinent books, documents, papers, illld rccords OF GRANTEE involving transactions related IO this ,.Xgrcemcnt. 13. El~Oll/Bl'l'/f~ OF ,,NSS~MEN~: (;RANTItlL sir, ill not assign, co,','cv, m translkr in ~vholc or in part its interest in this ..lgrccmcnt without thc prior written censure of thc ('OUNT'f. 14. approvesl extension TERM: This Agreement shall become cll~cctivc (m~_ Board ~md shall ~erminate on Septcmhcr 3Q. 1990. The GRANTEE shall rcqtlC~t all of this term ~n writing at lcast tinny {30) days prior lo Ibc expiration of this .,Xgrcc- thc ("(')i 'NTY lllitV agree by alllClldlllCllt to this ..%grccmcnt t,~ cxtcnd Ibc refill t~I' all additional one year. Any I'unds not used by GR,AN'FI/E during thc term o1' this Agrccn~cnt any extension thereto shall he available Ibr future applicants. 15. F,V,,XI~U,,VI'ION OF 'I'OURISM IMPAC'[: GR.,NNTHE shall illOllttor ;llld evaluate thc event identifying thc success of thc cvcnt, explaining how thc success ired quality were cvaltlalCd, report overall atlcndancc including resident/non-resident atlclldal]cc 'attendance inlbmlation was axccrlaincd. (}I{,,NN'I'I{}5 :qhalt provide a written rcporl ,Administrator or his designee witi~in sixty ((~(~) daN's o1' Ibc dale of thc event ]. 1(>. ~DNO'I'A'I'IO%: All promolion;d literature ired lncdia llltlSt prominently list (_'oilier Cotlnty as omc off thc sponsors. 17. AMENDMENTS: This Agreement may only bc amended by agreement of thc parties and after rccommcndalion by thc Tourist l)cvcloplnCnl ('ouncil. IN WITNESS V,;tlERF,()F. thc GRANTF. IL and COUNT'F have c;tch respectively, hv ;m authorized person or agent, hereunder scl thmr hands and seals on thc date and year ISrsl above written. ATTEST: ,.., !,];: 2...: ~ ,' .". B(),,\RD O[: C¢)[.;NTY ( '~' )l. I.Ij-tR. C()I ;NT\'. I.' t,O.l~, Il ),,\ " it , I / lt.,,':_ ~. .............................. P.,\N1 EI_A S. M AC' K. ll!, ('hair',vonuu] V,' I FN EbS[:S. ( 1 ) ~_ 'Ld ff.,_ ..... z__=___.Z~._ -,, Printed, T? pod Name I'rinIcd '15p¢~ Name ¢ G[iI.F('C).,\STRUNNt;RS("I.I B. IN('. Approved as to form and legal sufficiency Hcidi F. Ashton Assistant County h h'g' h fa'~99'l'[ ~' '~ 109~ EXHIBIT "A" THE GUI~F COAST I:~UNNERS (~I.UB, IN(;. BUDGET Nlarketin~ Plan South Florida Rulmin~ Forum-3,.\ds Racc Ph~cc ~l~azinc-2 Ads Florida Running-2 Ads Florida Sp~ms-I Ad TOTAl, 5~400,00 FIRST AMENDMENT TO 1999 TOURISM AGREEMENT BETWEF. N COLLIER COUNTY AND TIlE MARCO ISLAND FILM FESTIVAL, INC REGARDING 1999 MAI(CO ISl..AND FILM FESTIVAl. 'I'ti;S FIRST ,.\MENDMENT 'I'0 AGRI:.EMENT. is made and entered into this =:i.:-'___ day of~) [f~ . 1999, by and between Marco lsland Film Festival, lnc. hereinafter retUrrcd to as "GRANTEE" and Collier County. a political subdMsion of the State of Florida, hereinafter referred to as "COUNTY" RF. CITAI.S WHEREAS, the GRANTF. E and the COUNTY entered imo a 1099 Tourism Agreement dated March 9, 1999 (thc "Tourism Agrccmcnl") in thc anlotllll of 556.500 (~(), and WIIEREAS. thc (iR.-XNTl(E has rcqucstcd an increase in funding of gSO,000 f)(), and WIIEREAS. the ('OUNTY des~tcs to amend the Tourism ..Xgrec~ncnt to increase thc funding. WITN F. SSt.TI'I I NOW, TI tERF. FORF.. BASED ON TIlE MI;I'L.',.\I. COVF. NAN'[*S t fF. RI-21N ANI) ()Tt IF.R VALUAB1.E CONSIDERATION. IT IS MUTU.,\[.I.'~' AGRF. ED AS FOI.[.O\VS Section 2 is }tcrt..!'v¢ deleted in its entirety a~d replaced x~.iill thc language P,,XYNIENT The amount to be paid under this Agreement shall be One }ltmdrcd-six Thousand [:ive }[undred Dollars ($106,500.00) The GRANTI:.E shall be paid in accordance with fiscal procedures of the County ['or expenditures incurred for the promotion and advertising expenses as described in Section 1 upon submittal of an invoice and upon verilScation that the services described in thc invoice arc completed or that ?ods have been received GRANTEE shall determine that the u<mds and services have been properly provided, and shall submit invoices to the County Administrator or hisdcsignce Thc County Administrator or his designee shall determine that the invoice payments arc authorized and Ibc goods or services covered by such invoice have been provided or pcr2)rmed in accordance with such authorization The line item budget attached as Exhibit "A" shall constitute authorization oCthe expenditure described in the invoices provided that such expenditure ~s made in accord:moo with this Agreement Each invoice submitted by GIL*XNTEE shall bo itemized in sufficient detail [bt audit thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt off goods or pe~ormance of the sea, ices invoiced. GRANTEE shall cc~ifv in writing that all subcontractors and vendors have been paid for work and materials From previous payments received prior to receipt any Gnher payments Thc f'OL,rNTY shall not pay GRANTEE until thc Clerk of thc Board of County Commissioners pre-audits payment invoices in accordance with thc law, GRANTEE shall be [)aid for its actual cost not to exceed the total amouat for various line items and up to the maximum amount budgeted pursuant to thc attached "Exhibit A" Thc amounts applicable to the various line items of Exhibit "A," subject to thc maxinmm total amount, may bc increased or decreased by up to ten percenl (10%) at the discretion et' GRANTI:.F. ,,Xdjustment in excess of ten percent (10%) of an,,' linc item must bc authorized by thc Cotmtv ..\dministrator or his designee 2. Exhibit "A" to thc Tourism ,.\grccmcnt shall be deleted in its entirety and replaced with tile new Exhibit "A" attached to this amendment Except as set forth herein, all oft}lc terms and provisions of thc Tourism Agreement shall remain in full force and el%ct IN \VITNt:..%.% Wttl".Rl!()F. thc (}l~...\NTtili and ('()I.;NTh' have each rcspcctixclx, hv an authorized person or ag,.:'nt, hcrctmdcr set their hands and seals on thc date and ,.'car first above written DATED: ~_~ ~ ~'>-- ~" DWIGHT E. BROCK. Clerk Approved as to form and legal sufficiency BO..\RI) 0[: COUNTY COMNIlSSIONI.~I~.5, COI.I.It~R. COUNTY. FI.ORII).,\ (; I{.,\ N'i' I'~ 1-] Xlarco Island Film Festival. lnc ,,/5.,/ ' ., -,2 --.., ., (corp(~ratc seal) tteidi F. Ashton Assistant Count.,,' Attorney h:hghf'& 99 talc zgr.eernet'~t 1999 Marco I,land }-'~ln', J ¢,,,Ii~ al. I EXIIIBIT "A" FII.NI FESTIVAI~ B[iI) G ET PRINT MEDIA includes Magazine Advertising Rack Card Distribution Call for Entry Brochures Public Relations $ 56.50o O0 Television Advertising Spots 5; 15,000 oo Celebrity Promotional TOTAL $100.500.00 7S. T4 ;t,l~l 1ZT. t.h~rid:L ~tLlltllC~. Ibc aho&c-rcIL'rcllccd rca] I~r~9~crl) inJcrc'~l~ i1H~ic pm'tictJlm'l:, I'.\~ll.I.-\ ~ SI..\( 'KII.. PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ....... 69101 PARCEL NOS...100 & 700. FOLIO NO 41930880003 tEE IMMOKALEE ROAD (CR 846) 1 oo' R\W 492 8' E;,'iSTING ~ Vd LItiE 196.78' lO' ~ 15' PARCEL 700 PARCEL 100 TRACT 19 50' DESCRIPTION (PARCEL 100) fen si:::t)t,~ THE SOUTH FIFTEEN (15') FEET OF THE NORTH SIXTY FiVE (65) FEET OF THE EAST THIRTY FIVE (35') FEET OF TRACT 19 OF THE PLAT THEREOF. GOLDEN GATE ESTATES. UNIT 97, AS RECORDED IN PLAT BOOK 7. PAGE 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 525 SQUARE FEET MORE OR LESS. DESCRIPTION (PARCEL 700) Lelnpr,r,~ry (:, tls' tit,TI i,,;I THE SOUTH TEN (10') FEET OF THE NORTH SIXTY (60') FEET OF THE WEST FORTY FIVE (45') FEET OF THE EAST 241.78 FEET OF TRACT 19. GOLDEN GATE ESTATES, UNiT NO. 97 AS RECORDED IN PLAT BOOK 7 PAGE 96 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. CONTAINING 450 SQUARE FEET MORE OR LESS GENERAL NOTES 1)POC = POINT OF COMMENCEMENT 2)POB =POINfOF BEGINNING 3) SEC =SECTION 4) TWP = TOWNSHIP 5) RGE = RANGE 6) R/V¢ = RIGHT 0 7) ALL DIST~,NCBS ARE ~;,~ 8) NOT VALID UNLESS SIGNED/,ND SEAt_ED WITH THE EMBOSSED SEAL OF 4 PROFESSIONAL LAND SURVEYOR E X H I B I T__~ PREPARED 8v~ · , DATE ~,/ -- GEORGE R RICHMOND PROFESSIONAL LAND SURYEYCR-FL REG ~ 2406 PUBLIC 'C/OR KS ENGIHEERtNG DEPT COLLIER COU,N fy GOVERt1MENT COMPLEX 330~ E.t. ST T~,M:AMi TRAIL f~AP[ES FLCRIDA ~4112 NOT TO SCALE T 1,4 1998 IMRIO0 SHEET 1 OF 1 8B " PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ................69101 PARCEL NO ................... 101 FOLIO N O...4. ]..9.3,0.0 2.~ .0.0. 2 ........ EXISTING R\W LINE TRACT 19 IMMOKALEE ROAD 100' R\W 47.05' 350.01' 252.96' PARCEL 101 300,01' TRACT 20 DESCRIPTION (PARCEL 101) fee .sim[ilo t.J.l:_]¢: THE NORTH SIXTY FIVE (65~ FEET OF THE WEST 252.96 FEET OF THE EAST 302.96 FEET AND THE SOUTH FIFTEEN (15') FEET OF THE NORTH SIXTY FIVE (65') FEET OF THE WEST 47.05 FEET OF TRACT 20, OF THE PLAT THEREOF, GOLDEN GATE ESTATES, UNIT NO. 97, AS RECORDED IN PLAT BOOK 7, PAGE 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 17.148 SQUARE FEET OR .394 ACRES MORE OR LESS, EXHIBIT GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O,B. = POINT OF BEGINNING 3) SEC. = SECTION 4) TWP. = TOWNSHIP 5) RGE. = RANGE 6) RNV = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR TO SCALE ~ IMR101 PREPAREDB¢~/~:t~'~ ¢?L..,. %-~ [}ATE / · ' GEORGE R RICHMOND PROFESSIONAL LAND SURVEYOR-FL RES # 2406 PUBLIC WORKS ENGINEERtNG DEPT. COLLIER COUNTY GOVERNMEN"f COMPLEX 330~ EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 SHEET 1 OF 1 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES. FLORIDA 341 12 (941) 774-8192 poc PARCEL 7O2 --50' SKETCH OF DESCRIPTION NOT A SURVEY IMMOKALEE ROAD (C.R 846) PROJECT HO .... 69101 PARCEL NO 102 & 702 FOLIO NO 419:30960004 FEE SIMPLE TEMPORARY CONSTRUCTION EASEMENT 275 I~ PARCEL 102 :~.~ ~, ~ PCB ""' I b°; TRACT 21 ~ I LESS THE EAST 75' 75' DESCRIPTION PARCEL 102 t,:.r; ..~i,p]e t:t 1,: THE NORTH 50 FEET OF THE EAST 225.01 FEET OF THE WEST 27501 FEET OF TRACT 21. OF THE PLAT THEREOF. GOLDEN GATE ESTATES UNIT NO 97. AS RECORDED IN PLAT BOOK 7. PAGE 96. OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA CONTAINING 11.251 SQUARE FEET OR 0.258 ACRES MORE OR LESS. DESCRIPTION PARCEL 702 t. emp,,rary c,~rmt:ruct ~r);~ easemer,? COMMENCE AT THE NORTHWEST CORNER OF TRACT 21 ,OF THE PLAT THEREOF. GOLDEN GATE ESTATES UNIT NO, 97,AS RECORDED IN PLAT BOOK 7. PAGE 96. OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THENCE EASTERLY ALONG THE NORTH LINE OF SAID TRACT 21 A DISTANCE OF 50 FEET; 'fHENCE SOUTHERLY ALONG THE EAST RIGHT OF WAY LINE OF CAKES BOULEVARD A DISTANCE OF 90 FEET TO THE POINT OF BEGINNING THENCE NORTHERLY ALONG SAID EAST RIGHT OF WAY LINE A DIS'lANCE OF 40 FEET; THENCE EASTERLY ALONG ALINE LYING 50 FEET SOUTH. AS MEASURED PERPENDICULAR TO. SAID NORTH LINE OF TRACT 21. A DISTANCE OF 40 FEET; THENCE SOUTHWESTERLY A DISTANCE OF 5657 FEET TO THE POINT OF BEGINNING CONTAINING 800 SQUARE FEET OR 0018 ACRES Iv1ORE OR LESS GENERAL NOTES 1) P.O.C.: POINT OF COMMENCEMENT 2) P.O,B. = POINT OF BEGINNING ~) SEC. = SECTION 4) TWP. = TOWNSHIP 5) RGE. = RANGE. 6) RAN = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NOT TO SCALE NOVEMBER 2. 1998 PqEP/'*RED E]'¢~ .¢.' - ' ~ .... GEORGE R RICHMOND PROFESSIONAL LAND SURV['fOR-FL REG if 2406 PUBLIC WORKS ENGINEERING DEPf COLLIER COUNTY GOVERNMENT COMPLEX 330~ EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 IMR102 SHEET 1 OF 1 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 341 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ............... 6910'~ PARCEL NOS ....... 102A & 702A FOLIO NO .......... 41931000002 FEE SIMPLE TEMPORARY CONSTRUCTION EASEMENT IMMOKALEE ROAD (C.R, 846) 100' R\W 75' PARCEl. 102A 40' PARCEL 702A EAST 75 FEET OF TRACT 21 DESCRIPTION (PARCEL 102A) fee ,~imple title THE NORTH FIFTY (50') FEET OF THE EAST 75 FEET OF TRACT 21, OF THE PLAT THEREOF, GOLDEN GATE ESTATES, UNIT NO. 97, AS RECORDED IN PLAT BOOK 7, PAGE 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 3750 SQUARE FEET MORE OR LESS. DESCRIPTION (PARCEL 702A) t:omp,r)rary ('-,'mst_rur:l ion THE SOUTH TEN (10') FEET OF THE NORTH SIXTY (60') FEET OF THE EAST FORTY (40') FEET OF THE EAST 75 FEET OF TRACT 21, OF THE PLAT THEREOF. GOLDEN GATE ESTATES, UNIT NO. 97, AS RECORDED IN PLAT BOOK 7, PAGE 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA CONTAINING 400 SQUARE FEET MORE OR LESS. GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC. = SECTION 4) TWP. = TOWNSHIP 5) RGE. = RANGE 6) R/W: RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR TO SCALE T 16, 1998 EXHIBIT i' ' // DATE PREPAREO BY_.t~/.~?..cK.. ~ ',.~ ¢. ,..~' '~ 1/4 f~!l ' "'¢ GEORGE R RICHMONO PROFESSIO~'~AL LAND SURVEYOR-FL REG # 2406 PUBLIC WORKS ENGINEERING DEPT COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMtAMI TRAIL NAPLES, FLORIDA 34112 IMRI02A SHEET 1 OF 1 3301 OFFIC£ OI? CAPITA£ PROJ£CTS ~ ~'T ~:.A.~ TAkIl/,,k~,l TRAIl.. NAPLES, FL. ORtDA (941) 774-8192 34.112 PROJECf H O. ~)!h0J.- PROJECT PARCEL HO 103 TAX PARCEL LEGAL DESCRIPTION (NOT A SURVEY} fee .~imple Litle 1 lie NOR'III I:llq Y 15o') FEET (.~F 'I liACI' 22 t)l: Till'; PI,A I' TI I1!I{fi(}1:. GATE ESTA'I ES.UNIT V7 AS RliCOI{DED IN PI.AT BOOK 7. PA(it{ ')(,. OF 'l'l I'UI]I.IC RI[('OItI}S OF ('OI.I.IER ('OUNTY.I:I.OItlI)A SAIl) 'I'R,X(TF CON'IAINS 1(,5~11 SQUARE I:ICI~T Olt W,) At'RI~S MORE (11{ PARC[':I, EXHIBIT PROFESSIONAL LAND SURVEYOR OFFICE OF CAPIfAL PROJECTS COLtJER COUNTY GOVERNMENT COMPLEX .3501 E TAMIAMI TRAIL NAPLES, FLORIDA .34112 330~ OFf'ICE OF CAPIfAL PROJECTS EAST TAMI/,,MI TRAIL NAPLES, FLORIDA (9,11) 774.-8192 3,1.1 12 PROJECT HO. 6<)lO PROJECT PARCEL NO. T,',:< P/,RCEI. HO._-~ 1 q '~'~ ~7(1[~[17 ~SCRIPTION .Ci',IOT A SURVEY') 'IIII{X[IW!IliH I'Y r~u'll'I{[{l ('d;'IIW',CTSI~')I llil{l'l./,,'l 'TtlERE/)F. GAl I. I:~TA T J:~ Lsd I' ~1: .,~ I~I{('[)RI)I{I) IS PI.AT II()()~ ?. I'A(~J{ ur,. ( Ii: 'I lie PI'.Ill.I(' l~l ('[~RI)~ [11.' ('(}I.I.IIiR c~':ui,~~M-:~ ",' ' ' PRdrrss~ONAL L*~,'D SURWXOR tt2.Or~ OFFICE OF CAPIFAL PROJECTS COLI.IER COUNTY GOVERHMENI' COMPLE× 3.~$01 J~ '[AM1AM! 'TRAIL NAPLES, FLORID;, 34112 5301 OI;'I?IC]}' OJ? Cill:'I'J'AL t:A,~ TAMI/d,,41 TRAIL NAPLES, FLORID/\ (941) 774-8192 B I PROJECT NO.__ 69101 PROJECT PARCEL NO.__ 106 T,',Y, PARCEl. llO._~_41':) 3__.492(1008 LEGAL___DESCRiPTiON (NOT A SURVEY.} 'IIII!Nf)WIIIFII'F'YIP¢IFIiI!'I l'q: I'R,',.f'l ?n~)l 1'1 II!PI.A'I 111I{RFf)F r;f)l.I (;,',.'11,1{%1,',I1'¥ l"qt ~? \g I.Hi('fHH)I I) IN I'I,,,VI'II(')()K ?,PA(il!un ~11:'Illl I'I'II!,II'RI('~'II(I~<:'lI:('lll I.II P, f'~H'%IYtl I'.',.P,['t I, Inn I.'I~('~t:.g.'glON^L IJ'xND .~URVE'YOR //2406 OFf-ICE OF CAPFfAt. PROJECTS (;OI.I.II.'R 6OUHPF COVERH,MEN[ COMPLEX 5301 E TAMIAt,'II "ff;~A1L HAPLES. FLORIDA 341'i2 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 341.:12 (941) 774-8192 ,.. SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO .......... 69101 PARCEL NOS .......109 & 709 FOLIO NO ...... 41936480009 EXISTING RW FEE ShM ~LE tEMPORARY COf4STRUCTIOt~ EASEME!IT IMMOKALEE ROAD(C.R 846) 100' R\W LINE 30' PARCEL 109 140' PARCEL 709 TRACT 91 DESCRIPTION(PARCEL109) ~,'ee si:,,p}e t~tl.e THE NORTH FIFTY (50') FEET OF TRACT 91. OF THE PLAT THEREOF. GOLDEN GATE ESTATES. UNIT NO. 97. AS RECORDED IN PL~\T BOOK 7. PAGE 96. OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. CONTAINING 16.500 SQUARE FEET OR 379 ACRES MORE OR LESS DESCRIPTION (PARCEL 709) ,:el~¥)orar';' ~::,nst r'tl~:t. :~m ,_:,.,~¢~_"1,,¢;,' THE SOUTH THIRTY (30') FEET OF THE NORTH 80 FEET OF THE EAST 140 FEET OF TRACT 91 OF THE PLAT THEREOF. GOLDEN GATE ESTATES. UNIT NO. 97 AS RECORDED IN PLAT BOOK 7. PAGE 96. OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. CONTAINING 4200 SQUARE FEET OR .095 ACRES MORE OR LESS GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC, = SECTION 4) TWP. = TOWNSHIP 5) RGE. = RANGE 6) RAN = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR EXH B T J GEORGE r RICHMOND PROFESSIQNAL LAND SURVEYOR.FL REG # 2406 PUBLIC WORKS ENGINEERING OEPT COLLIER COUNTY GOVERNMENT COMPLEY,. 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 TO SCALE .F 16, 1998 IMR109 SHEET 1 OF 1 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 341t,2 D '1 (941) 774-8192 u SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ......... 69101 PARCEL NOS_110 & 710 FOLIO NO ..... 41939760007 FEE SIMPLE TEMPORARY CONSTRUCTION EASEMENT IMMOKALEE ROAD (CR 846) 100' R\W EXISTING R'¢,, LINE PARCEL 710 TRACT 110 PARCEt. 110 40' DESCRIPTION(PARCEL110) Zee simple LL~'Io THE NORTH FIFTY (50') FEET OF TRACT 110. OF THE PLAT THEREOF. GOLDEN GATE ESTATES. UNIT NO. 97. AS RECORDED IN PLAT BOOK 7. PAGE 96. OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. CONTAINING 16.500 SQUARE FEET OR .379 ACRES MORE OR LESS. DESCRIPTION (PARCEL 710) t em.rlr~,rar.:,, r:,',~st r,:r:~ ~,,n ,:.,.Ls,'ul,r:r,I THE SOUTH 80 FEET OF THE NORTH 130 FEET OF THE EAST 40 FEET OF TRACT 110 OF THE PLAT THEREOF. GOLDEN GATE ESTATES. UNIT NO. 97 AS RECORDED IN PLAT BOOK 7. PAGE 96. OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA CONTAINING 3200 SQUARE FEET OR .073 ACRES MORE OR LESS. GENERAL NOTES 1) P.O.C.: POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC. = SECTION 4) TWP.: TOWNSHIP 5) RGE.: RANGE 6) RAN = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NOT fo SCALE OCr 16, 1998 EXHI~ T ' GEORGE R RICHMOND PROFESSIONAL ~NO SURVEYOR-FL REO PUBUO WORKS ENGINEERING DEPf COLUER COUNTY GOVERNMENT COMPLEX 3~ EAST TAM,AMI TRAIL IMRllO ~ SHEET 1 OF 1 OI~'I?IC£ OF C,4I I'I11£ t: R©,II;CT,S !-,,,~ .... I '[/.,.,,1A,.,,I' ~ ~ ' TR/.,IL NAPLES, (9'I ~) 774-8192 L__~_G_ AL D____m[SCRIPTION ~(IIOT A .~ fee .s;mpl"-~ t.~tle · ~t'! '-;(]RIII,;' '~ Fl!IL] (IF TRA("I I ! % .,,.[Fq ',q PI.('r)RDg()I'('eilIII'R PAI/('Fi. I I ] fly .~ (;[l'flt(; I,It()I:['.;filONAI. It, HI) GLII/VIYOR /~2,10G OIl ICI_ OF CAPIIA1. COII.I[II COUI'IIY ~OV[li~lt.ll]l'l[ COMPI.[X 3301 [ IAMIAMI 1RAIL NAPLES, FLORIDA PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 341127 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ........... 69101 PARCEL NOS. 113 & 713 FOLIO NO ........... 00195000009 FEE SIMPLE TEMPORARY CONSTRUCTION EASEMENT 330.13' EXISTING R\W LINE IMMOKALEE ROAD (C.R 846) 100' R\W 330' PARCEL 113 25' L_~ 115' 50' PARCEL 713 WEST 1/2, NORTHWEST 1/4, NORTHWEST 1/4, NORTHWEST 1/4 SEC.28,TWP. 49S, RGE. 26 E. DESCRIPTION (PARCEL 113) fee s:mpJe ti_t;_e THE SOUTH FIFTY (50') FEET OF THE NORTH 150 FEET OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA. CONTAINING 16.507 SQUARE FEET OR .379 ACRES DESCRIPTION (PARCEL 713) temporary c,mst:rt~ct ;on easement. THE SOUTH 25 FEET OF THE NORTH 175 OF THE WEST 50 FEET OF THE EAST 165 FEET OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28 TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA. CONTAINING 1250 SQUARE FEET OR .029 ACRES GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING :3) SEC. = SECTION 4) TWP. = TOWNSHIP 5) RGE. = RANGE 6) R/W = RIGHT OF WAY 7) ALL DISTANCES ARE iN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR TO SCALE OCT 16. 1998 .,::: .... :...: , : PREPARED BY ~,¢~' DATE GEORGE R RICHMOND PROFESSIONAL LAND SURVEYOR-FL REG ~ 2406 PUBLIC WORKS ENGINEERING DEPT COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES. FLORIDA 34112 IMRI~3 SHEET 1 OF 1 3501 OFFIC.g' OF CAPITAL PROJECTS EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 PROJECT HO 69101 PRO,I[CT PARCF. L HO.___J.-j-j TAX PARCEL i'10 00195f).11)001 LEGAL DESCRIPTION (NOT A SURVEYJ GEOIIG'E. R. [~ICHMOHD" ~ PROFESSIONAL LAI'ID SURVEYOR //2406 OFFICE OF CAPITAL PROJECTS COLI. IF.R COUNI'Y GOVERNMENI' COMPLEX 5301 E TAMIAMI 'fRAIL NAPLES, FLORIDA .34112 0£?IC£ 07 CA?I?A£ ?RO3£CTS i:J~.~T TAMIAt,41 TRAIl_ IIAPLEo, I:'LORIDA 54112 (941) 774-8192 PRO,IF. CT F'RO,I[CT TAt( P,',RCE L LEGAl_ DESCRIPTION ~NOT A SURVEY) fee simple title ltll(';l)l ll!!ll ['t ~, I I'f{! I I)l' III1' ";()RIII I~nl'Ft.'l ~'lt.'lllI WIg'l ~1'~;I t;,\1 FIll Illl IR'II If!A,~lO! ',i~l!P ()I' IIII]N~IR'FIf%'[i~T~)I'AR'IFR()F Iltlt N()ICIIIV,'I[FI OI ,'d~ll ltl~l '/ ¢;t;' J]~, I .'- R~-?~TC I--i~-.~ 0~] D PAT E: PI~OFES;SIOI'IAL LAND SURVL-YOR //2406 OFf'ICE OF CAPITAL PROJECTS COLLI[R COUNTY GOVF. RNMEN/ COMPLE× 3301 E TAMIAt,!I ~RPlL NAPLES, FLORIDA 54112 3301 OFFICE OF CAPITAL PROJECTS EAST TAMIAMt TRAIL HAPLES, FLORIDA (941) 774-8192 34.112 1 PROJECT HO.. 6910l PROJECT PARCEL NO._::116 TAX PARCEL HO.__00195360008 ~AL DESCRIPTION .~hlOT A SIJRVEY} lee simple title TI Iii SF)I."I II I:11 '[ Y f ~t'1 FI(I'7I' f)F 'l I II~ ×QRTII I ~,t FF. ET OF Tt {E I:.A~T O.".'F. I I,,\I ,l" f)l: TI N()I{TI IIU\g I f)l !..\ RTI".ll ¢)F 'II II': ,NQR'I'I I\VE~'I (.II.D\ R' ¥ ~ l): T II': NC III'FI IWit%T ¢)1 !AII'I'I':I~ f II,' ~I~(71'lC).N' ~X ' 'QWN~ ' .iX .'4F)I;'ltl. R..\X(iE~F, [<,igT. CF)hl.ll!i~ COIiX'I'Y. I"hQi/II)A l'..\P.('lLh I It, EXHIBIT F'ROFESSIONAL LAND SURVEYOR //2406 OFFICE OF CAPITAl. PROJECTS COLLIER COUNTY OOVERNMENT COMPLEX ,'3501 E TAMIAMI TRAIL NAPLES, FLORIDA .34112 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 3411Z¢~: (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ........... 69101 PARCEL NOS ..... 117 & 717 FOLIO NO.. (I [).]. 9..~ f) 8, () 0.[).~ EXISTING R\W LINE 33013' IMMOKALEE ROAD (C.R 846) 1 o0' mw PARCEL 117 ~o 20' PARCEL 717 WEST !/2, NORTHWEST 1t4 NORTHEAST 1/4, NORTHWEST 1/4 SEC. 28. TWP. 48S. RGE 26E. DESCRIPTION(PARCEL117) t',-~. ,;iai,lo titl<' THE SOUTH FIFTY (50') FEET OF THE NORTH 150 FEET OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTFtEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28. TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. CONTAINING 16,507 SQUARE FEET OR .379 ACRES DESCRIPTION (PARCEL 717) t~,mp~rar¥' con.*:truc? ton THE SOUTH TWENTY (20') FEET OF THE NORTH 170 FEET OF THE WEST FORTY FIVE (45') OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 48 SOUTH. RANGE 26EAST, COLLIER COUNTY, FLORIDA CONTAINING 900 SQUARE FEET OR .021 ACRES GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O,B, = POINT OF BEGINNING 3) SEC. = SECTION 4) TWP, = TOWNSHIP 5) RGE. = RANGE 6) RNV = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NOT TO SCALE OCT 16, 1998 GEORGER RIC~MONO PROFESSIONALU~ND$~RVEYOR-FL ~EG ~240~ PUBLIC WORKS ENGINEERING DEPT COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 IMRll7 I SHEET 1 OF 1 3301 OFFICE OF CAPITAL PROJECTS EAST TAMIAIdl TRAIL NAPLES, FLORIDA (941) 774-8192 34.112 C. B 1 69101 PROJECT NO PROJECT PARCEL NO 118 TAX PARCEL NO. 0019840008 LEGAL DESCRIPTION (NOT A SURVEY.) 'I'I iF, S()U'I't I FW'FY I ~' ') lq:ET OF TI IF. NORTII 15l) FILET OF TI {E EAST ONE I IAI.F OF TI NORTI IWESTQU,tR'FE R OF T! IE NORI'I lEAST QUARTER OF 'FI IE NORTIIWEST OlJARTER f )F SE(TFIC)N 2x. TOWNSI UP 4s SOU'FI I, RANGE26 EAS'F, COI.I.IER COUNTY, FI.()RID,X CONT.\IF;IN¢; 12545 SOU.:d'{E FEI-:T OR O 288 ACRES MORE OR I.ESS I',\R ('El. l lx LEXHIBIT R~ __ DATE:~-~/r ~ r GF.¢~RGE R. f~CHMOND / PR-OFESSIONAL LAND SURVEYOR #2408 OFFICE OF CAPITAL PROJECTS COLLIER COUN'Df GOVE~'~NMENT COMPLEX 3501 E ~'AMIAMI TRAIL NAPLES, FLORIDA 54112 OF£IC£' OF CAPITAL PROJ£CTS EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 8B 1 PROJECT NO 69101~ PROJECI' PARCEL NO 120 lA× PARCI:L NO. LEGAL DESCRIPTION INOT A SURVEy,) .'-}~..C'I I()]:: 2,N,. I ()',,','~.~1 Ii!' .Ix .~()L; ~ It. IL,',,N(~iiZ, IL.,'~.S !'. ('()l.l.ll~l~, ('OLLW'I'Y. £X HI,:31T PI~.OFESSIONAL LAND SURVEYOR JJ240G OFFICF OF CAPITAL PROJECTS COLLIER COUNTY GOVERNMENT COMPL£X 3,301 E TAIvHAMI TRAIL NAPLES, FLORIDA 3,1.112 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 813 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO 69101 PARCEL NOS. 122,722 & 722A FOLIO NO ...... 00194800006 NORTHEAST CORNER SEC 28, TWP 48.RGE 26E, COLLIER COUNTY. FLORIDA IMMOKALEE ROADCR 8,46 (100' R\W) N89° 16' 32"W PARCEL 122 15' 591.54' 10' 352 56' ~_~----"~ ;,.,, 'L~352,35.10' 961.79' "-j'"-'~'--' I ,. .., ~---.-17F 134' PARCEL 722A PARCEL 722B DESCRIPTION PARCEL 122: FEE SIMPLE THE SOUTH 65 FEET OF THE NORTH '165 FEET OF THE WEST 35256 FEET OF THE EAST 1980.89 FEET: AND THE SOUTH 50 FEET OF THE NORTH 150 FEET OF THE WEST ,591 54 FEET OF THE EAST 1628.3,3 FEET; AND THE SOUTH 60 FEET OF THE NORTH 160 FEET OF THE WEST 961.79 FEET OF THE EAST 10:36.79 FEET; AND THE SOUTH 50 FEET OF THE EAST 75 FEET OF THE NORTHEAST QUARTER OF SECTION 28. TOWNSHIP 48 SOUTH, RANGE 26 EAST. COLLIER COUNTY, FLORIDA. CONTAINING 113,951 SQUARE FEET OR 2616 ACRES MORE OR LESS. DESCRIPTION PARCEL 722A TEMPORARY CONSTRUCTION EASEMENT THE SOUTH 55 FEET OF THE NORTH 205 FEET OF THE WEST 170 FEET OF THE EAST 1628,33 FEET OF THE NORTHEAST QUARTER OF SECTION 28. TOWNSHIP 48 SOUTH. RANGE 26 EAST, COLLIER COUNTY, FLORIDA. CONTAINING 9350 SQUARE FEET OR .215 ACRES. DESCRIPTION PARCEL 722B TEMPORARY CONSTRUCTION EASEMENT THE SOUTH 20 FEET OF THE NORTH 170 FEET OF THE WEST 134 FEET OF THE EAST 684.44 FEET OF THE NORTHEAST QUARTER OF SECTION 28. TOWNSHIP 48 SOUTH. RANGE 26 EAST,COLLIER COUNTY,FLORIDA. CONTAINING 2680 SQUARE FEET OR .062 ACRES, EX HIP~I'r GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT ' ~" /~, / /< . 2) P.O.B. = POINT OF BEGINNING PREP,C~r') BY- /"- ,,/ /', DATE , "/ '/' 3) SEC. = SECTION 4) TWP.: TOWNSHIP 5) RGE. = RANGE 6) R/W = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR GEORGE R RICHMOND PROFESSIONAL LAND SURVEYOR-F[ REG # 2406 PUBLIC WORKS ENGINEERING DEPT COLLIER COUNTY GOVERNMENT COMPLEX ;3301 EAST TAMIAMI TRAIL NAPLES, FI. ORIDA 34112 NOT TO SCALE OCT 19. 1998 SHEET 1 OF 1 I'UBI.IC WORKS ENGINE[!RING I)EPAI~,TMENT 3301 EAST TAMIAMI 'FRAIl. NAPLES, FI.OP, IDA 34112 (941) 77'1-8192 LEGAL DESCRItrI'ION (NOT A SUP, VEY) PROJECT NO ...... 69101. PARCEL NO ...... 127Cl FOLIO NO.,...66262003685 ('OMMEN('ING AT TIII£ NOR'fi*lEAST CORNER OF SI!CTION 27. 'I'OWNSflIP 48 SOU'T'II. RANGE 26 EAST. ( OI.I.IER COUN FY, FLORIIJA; 'I'tIENCE Al,CNG Till:. EAST I.INE OF SAIl) SECTION 27 SOUTIt I DEGREE 2~ MINU]'ES 41 SECONDS EAST. A DISTANCE OF 15<~ 12 Fl!ET. 'IHENCE NORTIt ,~9 DEGREES III MINUTES 56 SECONDS WEST, A DISTANCE OF 160 1 ~ FI{ET TO TIlE POINT OF BEGINNING: THENCE ALONG A I.INE LYING 160 FEF.'I WEST, AS MEASUREI} PERPENI)ICUL,.\I( TO. SAID EAST LINE ()F SEC'FION 27 SOUTtl I DEGI~,EE 2x MINL'TES 41 SECONDS EAST, A I)IS'[AN('E OF 5[) (,~1 FEET: TItENCE NORTIt 5;DEGRI:ES 4') MINUTES 5o SECONDS WEST. A DISTANCE OF 9602 FEET; TIIENCE ALONG A LINE LYIN(; 150 FEET SOLT'H. AS MEASURED PERPENDICULAR TO. THE NORTH LINE OF AFORESAH) SECTION 2* SOUTH ~') DEGREES IO NIINUTES 56 SECONDS EAST. A DISTANCE OF I41) oo FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0 I)46 ACP, E (I.998 SQUARE EEET). MORE OR LESS BASIS OF BEARINGS IS THE EAST LINEOFSAID SECTION 27 BEINGSOUT!! OI DEGREES 28MINUTF. S41 SECONDS EAST PAP, CEI, IRI27CI EXHIBIT / GEORGE R. RICHMOND ..£ ....... PROFESSIONAL LAND SURVEYOR-FL. REG, # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 SHEET 1 OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY g~02 ...... / PEBBLEBROOKE LAKES GENERAL NOTES 1) PO C. - POINT OF COMMEtlCEMEtJ f 2) P.OB = POH'3T OF BEGTrltflNG 3) SEC. · SECTIOhl 4) TWP. = TOWtiSHIP 5) RGE = RANGE 6) R/CC - RIGHT OF WAY 7} ALL DISTAHCE$ ARE Ihf FEE T AI~D DECIMALS THEREOF 8) NOT VALID Ut,~LESS SIG~IED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIOflAL LAND SURVEYOR NOT TO SCALE OCT.28,199 IMR127C1 SHEET 2 OF 2 5501 OFFICE OF CAPITAL PROJECTS EAST TAMIAMI TRAIL NAPLES, FLORIDA (941) 774-8192 34112 PROJECT rio. 6')101 PROJECT PARCEL t, 10.__128 '[AX PARCEL NO. 00192920001 SKETCH OF LEGAL DESCRIPTION .(NOT A SURVEY}. COMMENCING AT 'fllE NOR'FtIWES'F CORNER OF SECTION 26 TOWNSIIIP 48 SotJq~}l RANGE 26 EAST. COI,LIER COUYFY. I"I.ORIDA ALSO LYING ON 'File NORTH RIGIIT OF WAY LINE OF IMMOKAI,EE ROAD (C.R.846); TIIENCE SO[FFII 89 DEGREES 16 MINUTES 18 SECONDS EAST ALONG SAID NORTII RIGHT OF WAY LINE A DISTANCE OF H~9.08 FEET: THENCE SOUTtt I DEGREE 3] MINUTES 36 SECONDS EAST. A DISTANCE OF 1o008 FEET TO THE SOUTH RIGHT OF WAY LINE OF IMMOKALEE ROAD AND TIlE POINT OF BEGINNING; TItENCE SOUTtl 89 DEGREES 16 MINUTES 18 SECONDS EAST ALONG SAID SOUTH RIGIIT OF WAY LINE A DISTANCE OF 122060 FEET; TIIENCE SOtYFll 85 DEGREES 32 MINUTES I I SECONDS WEST. A DISTANCE O[: 2']6 2.~ FE'ET; THENCE NORTH 89 DEGREES 16 MINUTES Iff SECONDS WEST. tX DISTANCE OF 723 60 FEET: THENCE .SOUTII 87 DEGREES 3'/MINUTES I0 SECONDS WEST. A DISTANCE OF 220.73 FEET TO THE EAST RIGIIT OF WAY LINE Qb' A 100 FOOT CANAl, EASEMENT; THENCE NORTtl I DEGREE 33 MINUTES 41 SECONDS WEST ALONG SAID EAST LINE OF TIlE I00 FOOT CANAL EASEMEN"F A DISTANCE OF 37.00 FEET TO THE PO[N'I' OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0 652 ACRE (28.3fl4 SQUARE FEET). MORE OR LESS BASIS OF BEARINGS IS THE SOUTtt RIGIFF OF WAY i,INE OF IMMOKAI,EE ROAD BEING SOUTH 89 DEGREES 16 MINUq'E:S 18 SECONDS V,~ST. PARCEL RY:- ' // // ~ GEQI~'C,L' I,!: RICt4MOND __ DATE:~ PROFESSIONAL LAND ~URVEYOR ~/2406 OFFICE OF C^PITAL PROJECTS COLLIER COUNTY GOVERNMEHT COMPLEX .3301 E TAMIAMI TRAIl. NAP~FLORIDA 34112 OFFICE OF CAPITAL PROJECTS ~p '~' 5301._r/.c'?..,, TZ, I.,.!IAMI TRA!I. N,.~[_6_~, FLORIDA {54112 (9/,i) //4 8192 8B SKETCH OF DESCRIPTION Sec. 25 P.O,C. "" h ,', Co'~¥ S.89'!6'18'E. %e~. 26 1aa.oB' / S.89'16'18"E. 1220,60- , P.O,B, ~ ~ L7 30' ~ 220. ~' 27625' ~ i ,CAq/,L i Coo' PANCEL 128 GENERAL NC]EL 2) P.OIL indicote~; Po;~ o:' Beqi~r:g 3) Sec. indicates 3ec 4) Twp, Indicates 5) Rge. indicales Range 6) R/W i~dicotes Right-oF-way 7) ALt distances ore m Ceet o~d decima;s ~heceo¢ 8) Basis o¢ Bparings 9) Not valid unless seal o¢ 'the p¢oFessionol THIS IS ONLY A SKETCH PR-~88 SHEET 2 OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 8B 1 LEGAL DESCRIPTION _(NOT A SURVEY) PROJECT NO ....... ~J.~.! ....................... PROJECT PARCELNO...~.~ .............. TAX PARCELNO...~Q.!.~2~.Q~.Q.~ ...... COWNIENCI NG AT TI IF. NORTI IWEST CORNER OF SECTION 26, TOWNSt lip 4~ SOt;TI I. RANGE 26 EAST, CO[.I.I[':R COUNTY, FLOItlDA; TIIENCE SOUTtl 89 DEGREES 16 MINUTES IX SECONDS EAST, ALONG TIIE NORTtt I.INE OF SAID SECTION 26, DISTANCE OF 31~0 0Il FEET; TIIENCE SOL:TII fl DEGREES 43 NIINUTES 42 SECONDS WEST, A DISTANCE OF 126.41 FEET TO TIlE POIN'T OF I'],EGINN'ING; TIIENCE NORTIt ,~? DEGREES 37 WINUTES 10 SEC()NDS EAST, A DISTANCE OF 2600 FEET; TIIENCE SOUTII 89 DEGREES lfi ,',,IINIJ'TE.S I~ SECONDS EAST, A DISTANCE OF 72.'t.(,¢~ FEI'~T; TItENCE NORTII R5 DEGREES 32 MINLITES 11 SECONDS EAST. A DISTANCE OF 276.25 FEET: TIIENCE SOUTll I DEGREE :~4 NIINL'TES 2'7 SECONDS EAST. ,~. DISTANCE OF 3,R03 H'iET; TIIENCE NORTIt R9 I)EGREES 16 ,',FlNIJTES IR SECONDS WEST. A DISTANCE OF 426¢2 Ff..ET: TIIENCE SOt;TH 0 DEGREES 43 ,'4h";I£FES 42 SECONDS WEST. A I')ISTANCE OF ~9.O(~ FEET; TIIE. NCE NORTIt ?,9 DEGREES 16 MINUTES lg SECONDS WEST, A DISTANCE OF .~ 12.9R FEET; TIIENCE SOU'Fft 4~ DEGREES 4g MINUTES 04 SF. CONDS WEST, A I)IS'FA,";CF. OE 5~).00 FEE'F; TtlENCE NOR'I'll ,~9 DEGREES 1(, ,',,FlNLFFES Ig SECONI)S WEST, A DISTANCE OF .~,0 O0 FF. ET; TIIENCE NORTII 0 DEGREES .11 ,MINUTES 42 SECONDS EAST, A DISTANCE OF 64.7~ FEET; TtlENCE SOUTII ~9 DEGREES I(, MINUTES IR SECONDS WEST, A DISTANCE OF 5402 FEET; TIlENCE NORTll 0 DEGREES 43 ,",IINUTES 42 SECONDS EAST. A DISTANCE OF 176(, f'T. ET: TIIENCE NORTH 87 DEGREES 37 MINUTES If) SECONDS EAST, A DISTANCE OF ~4fix FEET TO 'File POINT OF BEGINNING; SAID DESCRIBED TRAC'F CONTAINI~';G ()';,'IX A('P,F. (4 ¥l(,(, SI)t JARl:. FI{I':T). M¢)M.] OR I,ESS BASIS OF III!.,\IUN(;S IS TIFF. NOIFI'II 1,1NI'.' OF .'qI'.'(' I'ION 26 Iii{IN(; S X¢I(,' IX" E PAIt('EI. -2× EXHIBIT i' P EP^ ED ............. /GEORGE R. RICHMOND -- PROFESSIONAL LAND SURVEYOR-FL REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 SHEET 1 OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES. FLORIDA 341 (941) 774-8192 SKETCH OF DESCRIPTION ~:~ .[ I NOT A SURVEY P.O.C. HV',' CORtJER SEC 2§, I : TWP 48S,RGE 26E IMMOKALEE ROAD (C.R.846) J S 89"~618"F : S ~1 ! ,. /,' 2600' ,~ PARCEL128 ~ ~ .&~ 5o r~' 5¢~ ,~' PARCEL 728 GENERAL NOTES ~) PO G. · POINT OF COMMENCEh;EHT 2) P O B = POINT CF 3) SEC. = SECTION 4) 'P,"VP = TOWNSHIP 5) RGE. = RANGE 6) R/~¥ = RIGHT OF ',WAY 7) ALL DISTAI1CES/,RE I*l FEET AND DECIMAl S THEREOF B) NOT VALID UNLESS SIGNED AHD SEALED WITtI 'file EMBOSSED SEAL OF A PROFESSIONAL LA,"~D SURVEYOR NOT TO SCALE EXHIBIT SHEET 2 OF 2 882 RE~OI,UI'ION NO. 99- 250 A RF. SOI.L;'I'I()N AU'I'IIOI{IZING TIlE ACQUIMI'I()~ ()1: I.AND PURC}[A~[: OR ('O~DEM~A'I'I()N ()F FEE ~IMPI.[: TI'FI.I: IS'['[:R[:~'I'~ F()R ('ONSTRU(TFION OF TIlE INITIAl. TWO-LANE RO.,M)WAY [MIq~()VI:NII:NTS FORI.IVINGSTON ROAI) FR()M IMMOKAI.I:I:ROAI)(C R 84(~)TO.,X POINT 0 5 MIl.ES SOU'I'[t OF '[tl[: I.I:E/('OhI.IER COUNTY IJNE. CIE PROJI:('T N() 21 WIt[LREA%. thc }~oard oF('ounr,' ('ommlssioncrs. on ()ctobcr 2~. 1097. adopted ()~dinancc No 07-55 lhcrcm cSlabli~J~in~ thc Ir)07 (%cxcnlh .Xnnual) ('ap~la[ hnpruvcmcn[ [':lenient Comprehensive Plan~asadop~edinOrdinanccNo 0%62, and WI II:RI/AS. thc iniHal t~o-hme imr~rovclllClll% IO I.i~inusmn Road I'rotn Immt~kalcc Road ((' R 846/to a point 0 5 miles south oFlhc I.cc/('ollic~ ('ountv I,mc (hcrcinalicr rcl~'r';'cd ,.X). is one oI'lhc capiJal improkcmcrU prt(ccis required trader thc 'Fransporlalion I<lcmcnl oI'lhc (:O~IIIIV'S ('omprehcnsivc I)]an. and WI {ER[:AS. tile Board o1' ('ounlv ('omnfissioner~. on May I% lU<)X, adopted RcsohH ion 98-105 authorizing ibc C'oumv s~afl' lo acquire by gift or purchase certain cascnlcnts title m the property and properly inlerests required and necessary I'o~ thc initial l~No-hmc which is h~clusi',c ~,l'%cumcm ,X. and fixed by design and permiltmg and is coliccth ely rep~ csented bv lbo Icgai dcscl ii>lions Exhibil "A" atlachcd hmclo ami incorporated herein WI IEI41{,.~%. alter consideration of'thc availal,iIit~ ol'ahc:xx~c routes ami locations, l}lc Op[l[)~lS, alld ptibJic sar~'IN COllsidcl'aiiOllS. tile B~xud desires Io cxu:cu, c Ils righl h) COlldeillll ploj)cFly lbr Segment A Ax public purposes NOW. T}II!REFORIh l~l': IT RI/NOI.VILI) I~Y TIll{ BO.&RI) (H: COMMISSIONI~RS OF COI.LII'iR ('Ot.'NTY. FJ..OI~IDA. lhal it has been determined by Iht Boaid thai lhe conslruclion ol'dle Segment .A l~to-lanc roadway Ibr l.ivingslon Road I~onl Jmrtlokalcc (C R 846) Io a point 0 5 miles south ol'lhc l.eu/('ollier ('otllllv l.me. is ncccssar-v and in thc public's besl interes~ in order to protec~ the heahh, s:lt~lk' and kk clt~n'c of the citizens ol'('ollicr AND IT IS Ft'RTIll:IL RIiS()I.VI{I) tha~ omstr'uction hi'Ibc Scgmcrx ..X Page 1 ..\flairs ,-\N'D IT IS FUlL'II tILR RESOI.",'ILI) fluil Ibc ('ounp,' ~,l;tt't,' h;ts rcvicv, cd ahcl nali,.c J'or thc Sct~r'llc~l..,\ roadway, v~rioLls Jlilp~lCJS TO thc' c~lvir~mr'l'~Cl/TaJ, t')t~bJic sal'clv and ~,.cll'alc consJdcralions associaled with the design ,,,tlc] constructior~ of IbC project, and Ibc costs associalcd with the design, pre, perry riuhts acquishion, and cons~ructi,.m ,.ffth¢ I'~o.jcct. and thc I',o;ud finds that alter c(msidcrati(m of flm~.e Hsues. the most feasible locatim~ l'~r consm~ctk'm of thc proposed [:.xhiNt "..V' amich~.d hcr t:m and mo.~rl'x',~ a~vd hvrcin AND i'[ I~ I[ 'RTl II{R idLS()l.Vhl) that in ,ardor m construct Ibc ~,,:?ncnt ,\ r,.xu.l',,.a', dcsi~nwJ and permitted, it is n~cess;u'v f,.~r Ih,.: lion, rd to acquire thu ,.arious tL,*.: shlll,,lu title described Exhibit "..',," AND IT IS Fl.'RTl II{I'L RILS()I .\'I{D th;ti ;dl f~ropc:t'., si]ail hv put tn public ..\ND IT IN FL;RTl tILR P, ILS()I.\'I:D that thc ('ountv MaJ]'['-, !1cp....!;',, ;itiJJl(lll/.c([ hi imnludia~clv described in Exhibit "..V'. au;~chcd i~cruto and mcorp,.,ratcd hu~cm :",ND IT IS FI;RTl IER RESOI.VI{[') tha~ m:, mobi]e homes are Iota!cd on the pro[',,,:ily to be acquired and Ihc!,..'Ibre it ,.,,ill n(:,t be nr,:cessarv I~.:~ rcm,.~vu arw m,,bile h.nx.-s flor:* b~ acquir~:d second a nd m,'t j< ,r it .,, ,. ( ~', c ,,',,1'TI L S'[' DWIGItT t'Z BI.tO~"K. ('I.ERK ('lcrk ~ '..~ ;,,, .,. .. /,,pProved as to t~.,i m and legal sutlicienc'. tleidi F ,.\shmn Assistant County Page 2 Hole, Montes & Associates, inc. Engineers I PLanners / Surveyors Folio -"0016~%20[/0~, PARCEl, A PAR, CEL OF !~\I;D LOCATED iii THE I;ORTHEAST 1/4 OF SECTIOII 2.4, TOWi;SHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUiF2Y, FLORII)A, BEII[C- MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMHEI;CE AT THE'SOUTHEAST CORNER OF SECTION 24, TOWNSHIP 48 SOUTtf, ~XNGE 25 EAST, COLLIER COUNTY, FLORIDA; THEI~CE RUI~ ~. 00°43'01'' W., ALONG THE EAST LI~E OF THE SOUTHEAST 1/4 OF SAID SECTION 24, FOR A DISTAI:CE OF 2667.24 FEET TO THE SOUTHEAST CORNER OF THE ~ORTHEAST 1/4 OF SAID SECTIOI~ 24 AHD THE POINT OF BEGINNING OF T}fE PARCEL OF ~I[D HEREII; DESCRIBED; THE~CE RU~ S. 88031'07'' W., ALO~G T[fE SOUTh[ LIliE OF THE !;ORTifEAST 1/4 OF SAID SECTIOI~ 24, FOR A DISTAHCE O~' 275.02 FEET TO A POIIF[ 275.00 FEET WESTERLY OF, AS MEASURED RIGHT AHGLES TO, TffE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTIOI; 24; THEHCE RUI; Il. 00~43'01'' E., PARALLEL WITH THE EAST LII~E OF SOUTHEAST 1/4 OF SAID SECTIOII 24, FOR A DISTAl;CE OF 3.98 FEET TO POI[YE 275.00 FEET WESTERLY OF, AS HEASURED AT RIGI[T AI:GLES TO, Tile EAST LINE OF THE ,'.;ORTHEAST 1/4 OF SAID SECTIOI: 24; TlfENCE RUI~ l;. 00~ 35'09" ~'!., PARALLEL WIT[{ T}iE EAST LI!;E OF T}fE :;ORTifEAST 1/4 OF SAID SECTIO:; 24, FOR A DISTAl:CE OF 994. 11 FEET TO A POIIFP O[~ I:ORTH LI};E CF 'Fife SOU'Etf i/2 OF T}fE ~:ORT~{EAST 1/4 OF 'I'~fE 1/4 OF THE i:OR'FIiEAST i,/4 OF SAID SECT! O[I 24; TI{EiICE RUI] I~. 88~ 27 '02" E. , ALOIiG SAID I[ORT}[ I..i~IE, FOR A DISTAIICE OF 275.04 FEET TO TIlE [~ORTt-{EAST COR~;ER OF THE SOUTH 1/2 OF THE IiO[CI't{EASri' 1/q OF TIfF SOUTHEAST 1/4 OF TIiE HORTHEAST 1/4 OF SAID SECTIOII 24 THENCE RUN S. 00" 35'09" E. , ALOIIG THE EAST LillE OF TIlE NORTHEAST 1/4 OF SAID SECTION 2,1, FOR A DISTAl;CE OF 998.42 FEET TO THE POINT OF BEGI][LCIN~, COiITAil/iI;G 6.30 ACRES, '..iORE OR LESS. BEARI:;GS REFER TO AN ASSUMED BEARII;G OF S. 00~43 'Ol" E. ALOHG TIlE 4 S~:''~. rr~, ' TOWNSHIP 48 SOIJT[t EAST LI!;E OF Tile SOUTHEAST !/ OF , ~T ..... I 2.., , RfC:GE 25 EAST, COLLIER COUiITY, F!.OR!DA. SUBJECT TO ~'~.q:':.'~";'"q RESERVATiO:;S O:~ PESTRIC~IO.,.~ OF RECOil[} SIGNED 02/]4/91 HOLE, i,'..OiITES & jr?...:, _ ..... State of Fla. 715 T[..~lh St Sr¢~th PO. Box ,586 Naples, FL 3.3939 ($13) 262.4617 FAX (813) 262.307~ 6202 F P~eS,.~.,:rmal C,~.~t Fort MT,.Ws. FL 339:9 , ,-3. I 3) 4~ I 7874 FAX (8~3; 481 $015 B~mita S~w~',gs. FL 33923 1813) 992-0795 FAX (8~3) 992.2327 8B2 Hole, Montes & Associates, Inc. Engineers! Planners., Surveyors Folio t)AI?CEL 84-T ,~Ox.~.E.'~oT ~ /.. , APARCEL OF L/-.~;I) ,F,OCATED Ii; T!{E " ~"r,'~ '~' ' OF' c'z'C'TI'O:~ 2 ' TOWNSHIP 48 SOUTH, RAi;GE ;!5 EAST, COLLIER COUi;T':, FI.ORiDA, !.fORE PARTi'''~:r 'r~' .... u~'~,t:~,b: DESCRIBED,:._,'° FOL~O,~o: COMMENCE AT THE SOUTHEAST CORI;ER OF SECTION 24, TOWi,.-~IflP 48 oObT~{, ~\NGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUi[ i[. 00",;3'01" N. , ALONG THE EAST LI~fE OF THE SOUTHEAST 1/4 OF SAID SECTIOn: 24, FOR A DISTANCE OF 2667.24 FEET TO THE SOUTHEAST COR~ER OF T~[:' , ORTIt~',~, 1/4 OF SAID SECTION 24' THEHCE RUI~ 11 00° 35'09" W ',~ ' , . - . , ,.,.~O~G T}iE EAST LI~E OF THE ::ORT~{EAol 1/4 OF SAID SECTIO:: 24, FOR A DISTAI~CE OF 1331 23 FEET TO T}iE SOUT~iEAST COR~ER OF THE oOUT~,EA..,F ]/4 OF ~ORTHEAST 1/4 OF T}{E UORT~[EAST 1,/4 OF SAID SECTIO:~ 24 Fdhd qqiE OF BEGINNIhG OF THE ~,~RC:,~ OF I2~:'.D }{EREI~I DESCRIBED; Ti{ENCE S. 88°25'41'' W. , ALO:}G TliE SOUTH LI;:E OF T}{E SOUTHEAST i./4 OF ]:ORTHEAST 1/4 OF THE NORT}{EAST 1/4 OF SAID SECTION 24, FOR A DISTANCE OF 275.04 FEET TO A POINT 275.00 FEET WESTERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTIOi~ 24; THENCE RUN ~ 00:35'09'' N , PARALLEL WITH THE LINE OF THE ::ORTHEAST 1/4 OF SAID SECTIOI~ 24, FOR A DIST;d~CE OF 665.40 FEET TO A POINT ON THE ~ORTH LINE OF THE SOUT}{EAST 1/4 OF THE ~:ORTHEAST 1/4 OF THE :;ORTHEAST 1/4 OF SAID SECTIO:~ ~,, RUN :[. ,38: 22' 5~" E. , ALO:;G SAID ::ORiH Li};E, FOR A DIS!'A}:CE 275.04 FEET TO THE ::ORTHEAST COR:;ER OF THE SOUTh{Ff..ST ]/'; OF i;ORTifE;'.ST 1/4 CF Tile i;ORTi{EAST 1/'-1 OF SAID SECTiOn; 24; Tff!i:~CE itL'i; S. 00° 35'09" E., ALO}iG THE EAST L!i:E OF TiiE SOUi'HEAST 1/,1 OF Tile , ORT,.EASi ~ ...... 4 OF THE ,~OR,~E/'.ST 1/4 :~ .... ' ' , FO DISTA}:CE OF 665.62 FEET TO 'rife P_olJJ'L~FL~[N_NiNg, CO';T;.'I~I)~C ,; .2:~ ACRES, >lORE OR LESS. BEARI:;GS RE,'-.~:< TO ."',]; ASSU>:ED BEARii;G 'DF S. 00~'43'01'' E. EAST LIllE OF THE SOUTHEAST 1/4 OF SECTIO!i 24 RA!:GE 25 EAST, COLLIEP, COU:~TY, FLORIDA. SUBJECT TO .................. Cz :-~ ..... ©F RECORD. SIG!~ED 02/0i/9i HOLE, ":O:;TES £ ' ~'~'n~'~''~ .... BY .... ~t:~_ . .......... P.L.S. :3'741 Thomas J. Gerris ..... . o~ate O~ rid PO B~:, Nape'k FL 33939 (8!3) 262.46~7 FAX (813) 262 3G74 Fk~ll,~ .%Or,'~g',. FL .13923 fbi3) 992 0?95 FAY (813) 992-2327 ® · 882 7 Hole, Montes & Associates, Inc. Engineers ,' Planners 'Surveyors Folio ~-/}0 I F, 4 a~)tlb0 '? REVISED PARCEL ll6-T A PARCEL OF LAND LOCATED .a,I TttE IIORTHEAST 1/4 OF .:,kCIiO; 2.; TO;';IiSHIP 48 SOUTH, RAiiGE 25 EAST, COLLIER COUiiTY, FLORIDA, BEI!;,S MORE PARTICULARLY DESCRIBED AS FOLLOWS: COXHEIICE AT THE SOL'T}~''''~-.~.~:o: n,q;>~iRR ....... OF SECTIOI: 24, '"~O' .... ...... :,:~,Ti:' RANGE 25 EAST, COLLIER COUi;T'[, FLORIDA; THEi;CE RUi; I: 00",13'01" W. o~FIO,, 2. FOR A ALONG THE EAST i.,i:;g OF Ttig SOUTiiNAST 1/4 OF S;,.ID ~"¢ .... , DISiA,~Cm OF 2667.24 FEET TO i}~E SOu~:,:.~.Sl CORi;ER OF THE ,:ORTi[EAST 1/4 OF SAiD SECTiOii 24, T}[Ei;CE RUN ::. 00"35'09" ?:. , ALOi/G Tile EAST LI[[E OF THE NORTHEAST 1/4 OF SAiD SECTIOIi 24 FOR A DioTima,Cz. OF 1996.86 FEET TO THE SOUTHEAST CORNER OF T}fE SOUT}[ l,'h OF [;ORTHEAST 1/4 OF THE i~ORTHEAST 1/4 OF THE :;ORT~[R;,.ST 1/,; OF SAIl} SECTIOi; 24 ;did T}{E POINT OF BEGINNING OF THE PARCEL OF I.;,,IID DESCRIBED; T}iE};CE RUI; S aa~ 22 ' 58" W .... . , ,. · . ,~LO~,G Tile SOUi'!i LI:IR O~'' SOUTH 1/2 OF THE I;ORTHEAST 1/,I OF THE I:ORTifEAST 1/4 OF I;ORTHEAST 1/4 OF SAiD SECT!OIl 24, FOR A DISTAl;CE OF 275.04 A POINT 2?5 00 FEET ;';ESTF:>ry OF AS ..... ['~-n RiG}iT , ...... , l',r.~.~ J:-.r..~ AT ;..I/Gl,ES TO TiiE EAST LIi:E OF Ti{E ::ORTiiEAST 1/4 OF SAID SECTIOii 24; 'Tt!Ei;CN ~ O0~ 35 ' 09" ~';. , PARALLEL ;';I'rif THE ~- ~' .... ' · ~AoI bI~,:. OF THE i;ORiiiEAST OF SAiD SECT!OIl 24, FOR A DISTAiiCE OF 332.70 FEET TO A POiIIT O?~ THE I;ORTH LI};E OF T}!E SOUTH i/2 OF Tile :;ORTi~EAST i/4 OF T}tK I;ORTi!EAST 1/4 OF THE l;ORliiE/'.:ST 1/4 OF SAID SECTiO:: 24; Ti!EIlCE i; 8~= 05" ' LO'. ;G .... OF . o 21' ~ E. , ,'. l}iL :,ORil: ;,!:;E OF i'!iE SOT;~! 1/2 'l'iiR ,~O~4 I :: r.t~.-, , ]/,, ..z...:,; .,, i~ORTiiEAST i/4 OF TiiE ' ........ ~'~ ' OF l'}iE ~:CRT}ir ..... q /4 SECTIO',~ 24, FOP A DISTA::CE OF 275.04 FNET TO l~i}:l ::OR'Piili.,',ST CORr:KR i;ORTiiTM,.,~'.., ." .... .,.: .i 2.? 5:'..~ ..r~ S::'mTiC.:;..,_ ;:4; i !{E:;PE_ RU:' S. 0~}~ 35 ' r)~),, E . , A~.Oi;.'; Tile EAST i..l}:F'i '~':: i'i{E SCUTi{ 1./~ OF i'liE :;CRi'!i:i/..ST ~ '' OF Ti'ii :;ORT}iEAST 1/4 OF T}iE ~;ORTi!EAST 1,,'.; OF SAID ~'~ '~' .-,~.C, ~O,i z,,, FOR ;,. DISTAr;CE OP ] 3 ~. 8 ~ FEET TO 'FiiE kQAIUL9!L!U;;_G!H. NJ_r~5, CO::TA'I ACRES, :':ORE OR I..~..;_. BEARINGS REFER TO ;:N ASSUMED BEARi::G Gl' S. 00'43'0!" E. ;,LO}IG EAST LillE OF THE SOUTfiEAST 1/4 OF .JaC,~.O,, 2,,, tO,'. .... }Iii-; ,,8 SOUTii, RANGE 25 EAST, COLLIER COU~ITY, FI,ORIDA. SUBJECT TO E~,S::.,.,z..,i.:,, :>FSm,~V,'.TiO'::-', 0r~ ~ ............. :'.:-.~:; - ......,F .":!.CON[}. SIGNED 02/01/9t HDLE, ;':O:;TKS ,5- ASSOCI?:TES, ..~'"..C'. BY ....... !_r?f~____~ ..... P.L. S . : 37 4 ! Thomas J. Garris Stato of Fla. 715 '¢~lh S! 5c.,Jth PO Bo~, 1586 Napl,~s, FL 33939 {813) 262.46~? FAX (813) 262.3074 Fr~rl My~ffs, FL 3~919 18131 481,787~ FAX (813~ 4814015 , ll)5r~O ap, orrlalt~, Slr~'ot [k'~lla 5p~'~!iri. FL 33923 la~3) 992.0795 FAX 18131 9922327 · · Hole, Montes & Associates. Inc... Engineers / Planners .' Surveyors Folio -'00164440r:0! REVISED PARCEI, 107-T ~ '" - .,O:'.. ::=,..o 1/4 c;EC'F!O:; , A PARCEL n'F !.A:;D LOCATED :., lie " ~' .... ¢'- OF . 24 ....... f.OR T DA TOW:;SHiP ,S ~U~::,.,. RA::GK 25 EAST, COLLiv:'¢ .... C,:~.,:T':, F , P, RI~;:; :'~O:'t= :'~=?. z~.a~:<~.: DE:ZCRisr. D t'.~, FOE.LOWS: COi..~.:E:;CE AT THE SOUIiiEAST CORi;ER OF SECTION 24, TO .... _~ttI ,,8 SOUTit, .~,~GE 25 EAST, COLLIER COU:iT'£, FLORIDA; THENCE RU!I Il. 00~'.,3'01'' W., ALONG THE EAST LIllE OF THE SOUTHEAST 1/4 OF SAID SECTIOiI 24, FOR i.. DISt¢'.,,,~= OF 2667 24 FEET TO TIlE SOUTHEAST COl.hER OF TIlE IIORIIiEAST 1/4 OF SAID SECTIOII 24', THENCE RUII N. O0~ 35'09"- ~,';. , ALOIIG THE LIllE OF THE IIORTHEAST 1/4 OF SAID SECTION 24 FOR A DIoPAIIC,~ OF 2329.67 FEET TO TIlE SOUTHEAST CORIIER OF THE i:ORT}{ 1/2 OF NORTHEAST 1/,i OF THE IIORTIiEAST 1/4 OF THE IIORTIIEAST 1/4 OF SAIl) SECTION 24 AND THE POINT OF BEGINNING OF TiiE PARCEL OF LAIID ttEREIiI DESCRIBED; T}{EIICE RUII S. 88°21'35" N., ALONG T}tE £;OUTit I~II;E OF THE NORTH 1/2 OF THE I;ORTHEAST 1/4 OF THE I;ORTIIEAST 1/4 OF TII!; NORTHEAST 1/4 OF SAID SECTIOII 24, FOR A DISTANCE OF 275.04 FEET TO A POINT 2?5.00 FEET WESTERLY OF, AS MEASURED AT RIGHT A!IGLES TO, THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 24; TiiENCE RUtl N. O0° 35'09" W., PARALLEL HITH THE EAST LIIIE OF THE IIORTIfEAST 1/4 OF SAID SECTIOIi 24, FOR A DISTANCE OF 332.70 FEET TO A POINT Oil THE NORTH LIIiE OF 'NIE ~:ORTH 1/2 OF ?'fie i~ORT}iEAST 1/4 OF T}iE I;ORTffEAST 1/4 OF THE :;ORTHEAST 1/4 OF SAID SECTIO:; 24; I'}{R~iCE N 88° 20' 15" E ALOI;G THE "n · · , ~*~,nf Lille OF TiiE HOt:rlU{ 1/2 OF TI!t{ IIORTHEAST 1/4 OF THE i;ORTifEAST 1/4 OF TNE I;ORT~iEAST 1/4 OF SA] SECTIOiI 24~ FOR A DISTANCE OF 275.04 FEET TO T~iE NORT}iEAST OF THE NORT}{ 1/2 OF THE NORTHEAST 1/4 OF TiiE 'iORTHEAST ]/4 OF NORTHEAST 1/4 OF SAID SECTIO;I 24; THENCE RUIf S. 00~ 35'09'' E. ~ THE EAST I,i!IE OF 1HE I~ORTii 1/2 OF 'file I~ORT~iEAST 1/.'; OF TIff-: NORTHEAST 1/4 OF TIff ~iORlliEAST 1/,1 OF SAID SECTIOII 2,1, FOR A DISTANCE OF.,~2~ 81 FEET TO T~tP POINT OF BEGINNING, Cs,,lt~l't"~' "~IIIq ACRES, MORE OR LESS. BEARI!IGS REFER TO Ail ;..S~'I ....... ~ - EAST LiIiE OF life SO¥iHEAST 1/4 OF SECTiO:; 2,1, i'C;.::;SiiIP 48 ,qOl:llt, RANGE 25 EAST, COLLIER COUi;i'Y, P'LORIDA. SUBJECT TO FASEMENTS, RESERVATIO:;S OR ;~r~'~-~c'--n,',' ........ · ~.~ ~,,.~ OF P, ECORD. SIGNED 02/01/91 tfOLE, MOl:lES & AS.qOCI/:TES, Lr h o.-.ii?' .:-7 r;arri:~ (813) ~2.4617 Fa ¢ ~13~ 4RI *0" Fax ~t3l 902 2327 FAX (813) 262,~M -' ® · 882 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL IIAPLES, FLORIDA 341 i2 (941) 774-8192 LEGAL DESCRIPTION (NOT A SURVEY) PROJECT NO .... (,¢.M t/¢rLI .......... PROJECT PARCEL NO .. i.'~ .~'..'J.~' ..... TAX PARCEL NO .................................. lll:.(ilN AT TIlE SOUTItEAST CORNEl~, OF SECflON I1. TOWNSltlI' IX .qO[;l II. l/AX(il( 25 I:.,\ST COLI.IER COUNT'f. FLORIDA; T}tENCE SO[fftt lqS.° I)EGREES. 21) MINI;TEN. 15 SE(iONI)S WEST AI.ONG TIlE SOUTtl I.INE OF SECFION I ~ A I)ISTANCI£ NORTtl I) I)EGRI:.ES '~5 YlINUTES {)') SECONI)S WI!ST. A I)IS'FAN('E Ot' 5, ~ I FI;.I'71'. TI IF.N('E NORTIt Ii DI-;GREES '~1 NIINUTES 3'7 SECONDS WES'[. A [)IS'FANCE OF 449.90 FEET TO TI It:. POIFF OF CURVATURE OF A TANGEN'F CURVE. CONCAVE TO TIE WEST. IIAVING A RADIUS OF 1772 36 FEET AND A CENTRAl. ANGLE OF 7 DEGREES I)() ,MINUTES I)O SECONI)S. TIIENCE NORT}I AI.ONG SAID CURVE. A DISTANCE OF 216.53 FEET; 'I'IIENCt-] NORTlt 88 DEGREES 22 NIINUTES 41/SECONDS EAST, A DISTANCE OF 276 27 FEET 'FO 'FILE I~OIN'F OF CURVATURE OF A NON-TANGENT CURVE, CONCAVE TO TIlE WEST. ltAVIN(.i A RAI)II. JS O1: 2fl47.36 FI:.ET. A CEN I'RAL ANGLE OF 6 I')EGI~.E[£S 12 MINU'FES 16 SEC(')NI)S. ANI3 ~\ CI IORI) OF 221 6fl FE[£'F IEAI~.ING SOIJ'FII 3 DE(JRI:.ES ]7 MINUTES 47 SEC()Xl)S t-~AST: TIII(N('I.; SO[Jilt Al.ON(.} SAlt) (iURVE. A DISTANCE OF 221 71 FEI~'F: 'I'ItEN('[~ ,",IINUTES 37 S[-~CONDS EAST AI.ON('i TIlE EAST I.INE OF SAII) SECI'ION I 449 76 ,r:EE'I' 'FO TlfI-~ I'OIN'F OF [EGINNIN(i COX'I'AININ¢i lxl.c,,)l S¢)I~'ARE f.'Ef'ff Oli 4 24r) ACid5 GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR-FL REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMEN'r COMPLEX 3,301 EAST TAMIAMI TRAIL NAPLES. FLORIDA 3,4112 SHEET 1 OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL . NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY O 0 .2 0°35'09"W 5.21' N 88~22'40 0'E 276,27' 12.00' S 88°20'15 0"W 275.05' GENERAL NOTES I) PO C = POIh!T OF COMME~CEME~'IT 2) P.O B = POINT OF 8EG~Ut~t;G 3) SEC : SECTION Curve Delta Angle 4) TWP = TOWNSHIP 1 7'00'00" 2 6'12'16" 5) RGE. = RANGE 6~ R/W = RIGHT OF WAY 7) ALL D)STANCES ARE lhl FEET AND DECIMALS THEREOF 8) NOT VALID UNLE.~S S)GNEO AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR POB SOUTHEAST CORNER OF SECTION 13, TOWNSHIP 48 SOUTH,RANGE 25 EAST. Rad,us Arc Tangent Chord 1772.36 21653 108.40 216.40 2047.36 221.71 110.96 221.60 Chord Bearing N 4"01'37" W S 3°37'47'' E N©T TO SCALE ~23 1998 LIV45T SHEET 2 OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIOA 34112 (941) 774-8192 LEGAL DESCRIPTION ..(NOT A SURVEY) PROJECT NO ........... (. ~., ,-~,..L .-¢.. ,1%, J. ....... PROJECT PARCEL NO..!.7~..7.'~"7.,(~). .... TAX PARCEL NO FOI, lO =001514402()5 COMi",IL:NCI NG AT 11 Iii S()UTI II~AST COP, N I-:P, OF SI(C'I ION 13. '1 ()x.~, NSIIIi' 48 SOU] 11. F, ANGI! 25 EAST. COi,I, IER COUNTY. l:l,OItlDA. TI IENCE NOR'I II t) DFGI~,EES ] I MINUTES 37 SECONDS WF, ST. AI.ONG 'I}tF F. AST I,INE OF SAID SECHON 13 A DIS'I'ANCI'; OF 671 26 FEET; TtlENCE SOUTll Iq8 DEGREES 22 MINUTES 40 SECONDS WEST. A DISTANCE OF 12.00 FEET TO TIlE POIN'F OF BEGINNING. 'HII.~NCE CONTINUE SOU'HI 88 DEGREES 22 MINUTES 40 SECONDS WF.S'F A I)ISTANCE OF 276 27 FEET 'fO '['lie POINT OF CURVATURE OF A NON- TANGENT CURVE. CONCAVI.i TO TItE WEST. HAVING A RAI)IUS OF 1772 ]6 FEET. A CENTRAL ANGLE OF 22 DEGP, EES 53 MINUTES 41 SECONDS. ANt) A CHORD OF 7(/3.51 FEET BEAI(ING NOI('I'}I 18 D[_.'GP, EI~S 58 MINUTES 27 SECOND.S WEST; TIIENCI~ NORTIt ALONG SAIl) CURVE, A DISTANCE OF 7(/8.22 FEET: TIIENCE NORTII 8,'4 I)EGP, EES 25 MINUTES 03 SECONDS EAST. A DISTANCE OF 30778 FEET'I'O'IIIE POINT OE CURV..V[UI~,E O1: A NON- TANGENT CURV[£. CONCAVE TO 'Fl tE \VEST. t lAVING A P, ADIUS OF 2D47.36 FEET. A C[:.NTRAL ANGI.E OF 19 DEGI;',EES 31 MINUTES 55 SECONDS. AND A CIIORD OF 694 56 FEET BEAP, ING SOUTH 16 I)[:,GREES 2') MINUTL:S 51 SECONDS IiAST. 'H tENCE SOU'HI ALONG SAID CURVE, A DISTANCE OF 69794 FEET TO THE POINT OF BEGINNING: SAIl) DESCItlBL"D TRACT CONTAINING 4436 ACRES (193.231 SQUARE FL:ET). MORE OR LESS ~"GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR-FL. REG, # 2406 PUBLIC WORKS ENGINEERING DEPT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIl. NAPLES, FLORIDA 34112 SHEET 1 OF 2 1'5 -70 PUBLIC WORKS ENGINEERING DEPARTMENT (941) 774-8192 8 2 SKETCH OF DESCRIPTION NOT A SURVEY 0 © 7_, ;. POS. 88' 22'-'0"','/ 276 27' 5. 88' 22'29%°/ 12 00' 1 22'53 41- 1772 36 708 22 .358 9'3 703 51 2 19'31'55" 2047 36 597 94 352 39 694 05 Chord Bea,ng N 18'58'2T' W 5 10'29'51" E GENERAL NOTES 1) POC = POINT OF COMMEt,ICEMEr~T 2) PO B : POIt~T OF BEGItlh;~;G 3} SEC :SECTION 4) TWP. = TOWNSHIP 5) RGE = RANGE 6) RA/V = RIGHT OF WAY 7}ALL DISTANCES ARE ff~ FEET A~D DECIMALS THEREOF 8) NOT VALID UNLESS SIGtIED AHD SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAf~D SURVEYOR NOT TO SCALE T 23.1998 __ir'~ "~_lV4 5T N SHEET 2 OF 2 2 Hole, Montes & Associates, Inc. Engineers / Planners / Surveyors Folio PARCEL 2-T A PARCEL OF LA:;D LOCATED II; THE SOUTHEAST 1/4 OF SECTIO][ 13, TOWNSHIP 48 SOUTH, PAl;GE 25 EAST, COLLIER COUI;TY, FLO."~iD;.., MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMEI;CE AT THE SOUTHEAST CORiiER OF SECTIO:: 13, TC'.'::;S}ilt~ ,%8 SOUTi{, P. AI~GE 25 EAST, COLLIER COU~;TY, FLORIDA; T]{E~;CE P.U'.: :~. 00~31'37'' W., ALO~G THE EAST LI];E OF THE SOUTHEAST 1/4 OF SAID SECTiOn; 13, FOR A DISTAl;CE OF 1342.53 FEET, TO TIlE SOUTi{EAST COR}:ER OF Tile :[ORT}iEAST 1/4 OF THE SOUTiIEAST 1/4 OF SAID SECTiO:; 13 ; '['}{ t:i}~C E Rtl:; S. 88~25'03'' W., ALO];G THE SOUT}I LI];E OF THE ~ORT}{EAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTIOH 13, FOR A DISTA]~CE OF 203.13 FEET TO TI{E POINT OF BEGINNING OF Ti{E PARCEL OF fA:;D }{]:REI[; DESCR[ THE~CE CONTINUE S. 88'~ 25'03" W, , ALO:~G SAID SOUTH I~i:;E, FOR A DISTANCE OF 307.78 FEET TO A POI];T O:; A CIRCULAR CURVE, COl;CAVE TO THE SOUTHWEST, WHOSE RADIUS POI~T BEARS S. 590 34 '42" W. A DISTAl;CE OF 1772.36 FEET THEREFROr4; 7'}{I{~CE RU[~ ~;ORTiiWESTER[;; ALO~;G Tile AP.C OF SAID CURVE TO THE LEFT, HAVI];G A RADIUS OF 1772. 36 FEET, A CE[~TRAL A~;GLE OF 30~53'23'', SUBTEHDED BY A CHORD OF 944.00 FEET, AT A BEARI];G OF ];. 45°51'59'' W. FOR A DISTAt~CE OE 955.53 FEET TO T}{E E~iD OF SAID CURVE; THE~;CE RU]; H. 61~18'41'' W. FOR A DISTAl;CE OF 165.15 FEET TO A POI];T Of; THE WEST LI[;E OF THE ]~ORTHEAST 1/4 OF TEE SOUTHEAST 1/4 OF SAID SECTIO[I 13; THEHCE RU[.; ~. 00°34'14" W. ALONG SAID WEST LI~E, FOR A DISTAl;CE OF 315 . 22 FEET; THE~;CE RU]~ S. 61~18'41'' E. FOR A DISTA~ICE OF 319.22 FEET TO THE BEGIt4~4IfIG OF A TANGEt.;TIAL CIRCULAR CURVE, COl;CAVE TO THE SOUTHWEST; THENCE RU~ SOUTHEASTERLY, ALOHG THE ARC OF SAID CURVE TO THE RIGHT, }{AVI~;G PADIUS OF 20,%7.36 FEET, THROUGH A CE~;TRAL A[;GLE O~ 35° 02'53", SUBTEt;DED BY A CHORD OF 1232 . 95 FEET, AT A BEARI[.;G OF S. 43~47'14'' E., FOR A DISTANCE OF 12.52.38 FEET, TO THE E;;D OF SAID CURVE A~;D THE POINT OF BEGINNING, CO~:TAI:;I~;G 8.50 ACRES, MORE LESS. BEARINGS SHO?::; }{E~.nO~; REFER TO ?d; ASSUX;~D BEARI~;G OF ~; 00°31'37'' W. ALO:;G THE EAST LI:;E OF THE oO~THm~T 1/4 OE SECTIO:; 13, TOW~;SHIP 48 SOUTH, RA:;GE 25 EAST, COLLIER COUI;TY, FLORIDA. SIG~;ED 02/01/91 Thoma .... ~- ~=, D.L.S. =3741 State of Fla. 715 fo~lh SI. SOUth 6202.F Pres~d,'m.t~al O'.,.'t ' ~05~ At~na~tr, Strut P.O. ~x 1~6 F~t My%~%. eL 33919 Naples, FL ~939 ~813) 481.7874 (813) 992-0~5 f613) 262-4617 FAX (813) 481.I0~5 FAX 1813) 992-2327 FAX (8~3) ~2.~74 8B2 Hole, Montes & Associates. Inc. REVISED Engineers / Planners ' Surveyors PARCEL 4 1-T Folio ~-0015032f}00'3 A PARCEL OF LAND LOCATED l!; THE SOUTHEAST 1/,i Oi" SKCTIO:; 13, TOWNSHIP 48 SOUT}{, RANGE 25 EAST, COLLIER COL'i;TY, FI,OF'.iD;,,, i~,;-:ll;G MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST COR,'iEi.', OF SECTiO!; i3, TO:';:;SHIP 4;3 RANGE 25 EAST, COLLIER COUI;TY, FLORIDA; TIiE~;CE RUT; S ~ 20'1 V:., ALONG THE SOUTH LINE OF T}{E SOUTHEAST 1/4 OF SAID SECTIO[; 13, FOR A DISTANCE OF 1325.08 FEET TO T}{E SOUTHWEST COAl:ER OF T}{E SOUTI[RA~T 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTIO:i 13; T~{EI:CE RU~; ..... oT LINE OF T}fE SOUl}lEAST 1/., OF TI{E N. O0~ 34' 14" W , ALO~IG Ti{E ,.~e SOUTHEAST 1/., OF SAID .,ECTIO,I 13, FOR A DI~''' · , T}iE SOUTfiEAST COAt;ER OF T~[E ::OR'F}fWEST 1/4 OF T~fE :;OU'i'lfKAST ~,,'.; OF SAID SECTIO:; 12; THEI~CE CO,,TI~ Ur. ~. O0~' 34 ' ]4" W. , ALO!;G T}fR LINE OF THE NORTt{WEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTIOi: FOR A DISTA:[CE OF 759.17 FEET TO THE POINT OF BEGINNING PARCEL OF LAI;D HEREIN DESCRIBED; THENCE RUT: I~. 61~ 18'41'' W. FOR A DISTANCE OF 609.04 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE TO THE NORTHEAST; THENCE RUN :;ORTHWESTERLY ALO~;G THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 2047.36 FEET, THROUGH A CnN,RAL A~;GLE OF 13~ 04'37", SUBTE:;DED B~' A CHORD OF 466.26 FEET, AT A BEARIIfG OF i;. 54~ 46'23" W. , FOR A DiST;d;CE OF 467.28 FEET TO THE EI;D OF SAID CURVE ;d;D A FOiI;T O:: THE ~;ORTIt OF THE ,~O~.lt:, :~oT 1/4 OF TI{E ~OUTna~.~T 1/4 ur S,~iD qEC'FIO~; 13; T,,r.,,Cc Ro,, ,~. oo 29'5 E. , t~LO.,,~ THE :;ORiel LIi;E OF T~im ~ORT~;' 1/4 OF THE SOUTt[EAST 1/4 OF SAID SECTIO:~ 13, FOR A DISTAIICE OF 444 .75 FEET, TO A POINT O1: A CIRCUI.AR CUR'.'E, CO::CAVE TO NORTHEAST, WHOSE RADIUS POI~;T BEARS };. -~t~14'13TM = ,~ [)IoIt~, C::. OF 1772.36 FEET; THEIICE RUN SOUTHEASTERLY ALO'.iG THE ARC OF SAID CURVE TO THE LEFT, HAVIIIG A RADIUS OF 1772.36 FEET, T}{ROUGI{ A CENTRAL ANGLE OF 02~ 32'54", SUBTEtIDED BY A CHORD OF 7~.83 FEET, ,Yi' A BEARIIIG OF S. 60~02'14'' E. FOR A DIST;C;CE OF 7S.83 FEET TO OF SAID CURVE; THENCE RUt; 5. 61~ 18'41'' E. FOP A DIST;JICE OF FEET TO A POINT O:1 T~{E EAST L!I;E OF THE ::CRT}{WEST I/4 SOUTHEAST 1/'1 OF SAID SECTiOt; 13; T}{Ei:CE RU}r S. 00~34'1'1" E., "~ T~{E OF S;.. THE EAST LI;,,~ OF :;ORTH;':EST. '/4 OF TJiE SOUT~i~':-.,,.,~"-~ l,,/,,' l SECTION 13, FOR A DiSTA::CE O~ 3 ] 5.22 r r.:., TO 'i'}i E t'~.l.[lllk __Q~'~ BEGINNING, COI;TAItiiliG ~.13 ACRES, :.10:):? Or~ I.r BEARINGS S}{O;';[; iIEREOI~ PEFER. TO Al; ASSU:'!ED ~..,,.,~,,.,v'= ' z ~'""' OF' S. 88: 20' 15" W. ~,.~O~G THE SOUTH LII;!'i OF' THE ..,OU~t{L.,*...T 1/4 OF SECTIOn: 13, TO',';}ISHIP .;S .~OUTH, R;CiGE 25 EAST, COLLIER FLORI DA. SUBJECT TO .......... ~", ht:,,r.R.,:FIO};S STRiCTIO::S C'F RECORD SIGNED 02/01/91 HOLE !.:O:iTuS Thor:as J. /Garris State ~374! of Fla. 7~5 Ter4h $I So~,~th PO. [k)~ 1586 Naple% FL 3-3939 (8131 262.4617 FAX (~13) 262.3074 6202F Fr'~l M~'~s. Ft. 33919 ,'g 13) 4,~!1 7874 FAX ! 81'"'~ 195[-,0 A[~,~natr~, Sire,et [k~la SO'~,r~gs. Ft ~923 ~a:'$~ 992 0~5 FAY {813) ~92 2327 8B2 Hole, Montes & Associales. Inc. Engineers I Planners ,' Surveyors FoI i.o ~()()]48080(;05 PARCEL Z-T A PARCEL OF LAND LOCATED II.I THE NORTHEAST 1/4 OF SECTIOiI 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUI:TY FLOP, IDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COI~.IENCE AT THE SOUTHEAST CORNER OF SECTiOII 13, TOWi;SlfiP 48 SOUTtt, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUIi S. 48 20'15" ALONG THE SOUTH LINE OF THE SOUTHEAST 1/.; OF SAID SECTIO:: !3, FOP, A DISTANCE OF 2650. 16 FEET, TO THE SOUTtINEST CORi:ER OF ' ' }.,~,, ~,. 00 3G ~ ~,.:. , /,,[,O~:r: SOUTHEAST 1/., OF SAID SECTiO:, : ~' ~' ~ ...... 0" THE WEST Li~IE OF T}{E SOUTI{EAST 1/4 OF SAID SECTIO:; 13, FOR ;'. DISTANCE OF 2692.40 FEET, lO T}{E SOUT}{WEST COR',;KR OF Ti{E ~IOR'F}[EAST 1/4 OF SAID SECTION 15; THEllCE RU~ 1~. 880 29' 5!" E. , ALO}:G T}{E SOUTI{ LINE OF THE NORTHEAST 1/4 OF SAID SECTIO:~ !3, FOR A DIF'IVd~CE OF 663.53 FEET TO T}{E SOUTHNEST COR:~ER OF THE WEST ]/2 OF SOUTHEAST 1/4 OF THE SOUT}[WEST 1/4 OF T~{E ~:ORi}{EAST 1/4 OF SAID SECTION ].3 A];D THE P~!~;/~.~?:~l!L~iI~!g OF T~[E P;..RCEL OF ;.;,~;D DESCRIBED; Ti!El;CE ...... ~:i; I; 00"35',10" W. ALO: ~. TNE .... *,:~.')~ ....: I,iIIE OF WEST 1/2 OF THE SOUT~fEAST i,/,1 OF THE SOUT}fWEST i/',1 OF TtfE I;ORTJfEAST 1/4 OF SAID SzCIIO, 1~, FOR A DIoT~..t,CE OF 1,16.:6 FEET TO A POIiFi' Oil A CIRCULAR CURVE COI;CAVE TO 'NfE J;ORTHEAST, i':HOSE RADIUS POIIFi' BEARS I:. 39~ 09'33" E. A DISTAl;CE OF 1772. 36 FEET 'NfEREFROX; TIIEI;CE RUN SOUTHEASTERLY ALOi~G THE ARC OF SAJD CUR'.'E TO Tile LEFT, A RADIUS OF 1772.36 FEET, THROUG}f A CEtiTRAL AI:GLE OF 07°55'20'', SUBTENDED BY A CHORD OF 244.86 . FEET AT A BEARII~G OF S. 54~48'07TM E., FOR A DISTANCE OF 245.06 FEET TO THE EtID OF SAID CURVE AND A POINT O1: THE SOUTH LIIIE OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHNEST 1/4 OF THE I;ORTHEAST 1/4 OF SAID SECTION 13', THEIJCE RUN S. 88~ 29'51" W. , ALOI;G SAID SOUTJf LI'~v~*.~,, FOR A DISTAl'ICE OF 198.64 FEET TO THE POINT OF BEGINNING, COIiTAIIIING 0.32 ACRE, MORE OR LESS. · BEARINGS SHOWII HEREON REFER TO AN ASSUMED BEAP, IIIG OF S. 88° 20' 15" W. ALONG THE SOUTIf LIIIE OF THE SOUTIiEAST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH, RAJ;GE 25 EAST, COLLIER COUIFFY, FLOR I DF:. SUBJECT TO EASEi,:E:;TS, RESERV?..TIO:;S OR RESTRiCT!O:IS OF RECORD. SIGNED 02/07/91 /~-,../-.. P I, S -~37,;]. p,'~:' ///i~.~,,~,~' . . . . Thomas i. 'Garris State e£ }'ia. 715 Tentl~ St So,Nth PO Ek:,:~ 1586 I'laO~s, FL 3.3939 (833) 262.4617 FAX (Bi3) 262-3074 10550 Abc~'nattty Streel Brmita Sgtnqs. FL ~9~ ~,13i 992-0~)5 FAX (ill3} 992.2327 2 Hole, Montes & Associates, Inc. Engineers / Planners/ Surveyors Folio REVISED PARCEL 34-T ' "v · ,,r IiORT}IEAST !/., , A P~:R,_~L OF I.::;,D LOCATED I~I T}tE ' OF SECTIOI: 13 TOW:ISHIP ,18 SCUT};., RA:;GE 25 EAST, COLLIER COU~il'£, FI,ORIDA, ~3EIIiO HORE PARTICULARI, Y D:..~CRIBED AS COMi,iEi;CE AT TIlE SO'UTiIEAST CORiiER OF oE~lIO:l 1~, TO:',"i;.qitll) ,8 SOU'P}I RA:;GE 25 EAST, COhi,IER COUNTY, FLORIDA; THEI.ICE RUii S. 88'"20~15" W. , ALOI[G THE SOU!'It Lille OF TilE SOUT}IEAST 1/4 OF SAID SECTIOII ].3, A DISTAIiCE OF 2650. 16 FEEl', TO THE SOUTHWEST CORNER OF SOUTHEAST 1/4 OF SAID SECTIOII 13; THENCE RUll ~:. 00~36'50" W. , ALO~i(; THE WEST Li::E OF THE SOUTHEAST 1/4 OF SAID SECTIOI[ 13, FOR A DISTA!ICE OF 2692.40 FEET TO Tile SOUiHNEST CORIiER OF TIlE llORTIIEAST 1/4 OF SAID SECTIOli 12; TitEHCE RUN ::. 88~ 29~51'r E. , ALONG TIlE SOUT}f LINE OF THE I;ORTHEAST 1/4 OF SAiD SECTIOIi 13, FOR A DISTAIICE OF ,, 17 . 42 FEET TO A POI,,I O~ A CI RCU~R CURVE COI~CAVE TO TtfE IIORTHEAST, WHOSE RADIUS POt~;T BEARS N. 4t°45'56'' E. A DISTANCE OF 2047.36 FEET THEREFROM, Ai;D THE POIN'P OF BEGINNING OF THE PARCEL OF ~ND HEREI[~ DESCRIBED; THENCE RUN [~ORTHWESTERLY, ALO[~G THE ARC OF SAID CURVE TO THE RIGHT, HAVING A PADIUS OF 2047.36 FEET, THROUGH A CENTRAL ANGLE OF 12~25'05'', SUBTENDED BY A CHORD OF 442.87 FEET, AT A BEARI~;G OF :;. 42"01'32" N., FOR A DISTAI;CE OF 443.74 FEE'[' TO TiiE EIID OF SAID CURVE '," ~' ~..,D TO A POII~T Ol~ THE }:ORTf{ LIIIE OF THE 1/2 OF T}fE 5OUT~U,.iEST i/4 OF THE SOUI'llWEST 1/4 OF Tt{E [;ORTHEAST 1/4 OF ,_l~ID%' SECT!Gl; .... '" ';;:::"~ ..... RUii :; 88° o!,06,, E. , ALOi:G Tile LIi:E OF THE SOUTH 1/2 OF THE SOUI'HNEST 1/4 OF T~iE SOUT~IWEST 1/4 OF T;;~.,._ NORTHEAST 1/,, OF ..~:AID SECTIO:; ~ , FOR A DI,~,,:;,C:. OF 346.0o FEET TO A POIiUF O:; A CIRCULAR CURVE CCi;CAVE TO TI{E !;ORTftEAST, t'!HOStl RADIUS POi:;? BEARS :[. 47: 5i' 38" E. , A DISTA:;CE OF i7';2. 36 F'EET THEREFROH; THE:;CE RUI] SOUTHEASTERLY ALOIIG THE ARC OF SAID CURVE TO THE LEFT ::;~'ri;G A RA,,II8 OF :772 36 FEET, THROUGH A CE1FI'RAL AI~GI,K OF 08042'05'' SUBTEND.ED BY A CHORD OF 268.90 FEET, A'F A BEARII~G OF . . ., S 46'" 29'25" E FOR A DISTANCE OF 269. 16 FEET TO THE INID OF .' ~ID CURVE AI:D A i:'OI~iT Of; T~IE EAST LII;E OF THE SOUTH ]/2 OF .~O, 1 :i,,na . l, ,, 2'F THE SOUTHi';EST 1/4 OF THE ~;ORTHEAST 1/4 OF SAID SECTiO:; 13; 7HNi:CK P.U:; S. 00' 35'40" E., ALO!;G THE EAST [,'I:;E OF T'IfE SOUTH 1/'2 O. ,.::'. ~u,~n,~,.~T OF TIlE .~O.,Th,,E.~T 1/4 O}" TIlE NORTHEAST .,.~, OF SAID SECTIO:; 13, FOR A ~}Iolt:; ...: OF 1,,6.36 FEET TO A POiliT Of; THE SOUTH [lie OF 'rife SOUTI{ 1/2 OF THE SOUTHNEST 1/4 OF THE SOUTH?/EST -:/4 OF THE :;ORTI{EAST 1/4 OF SAID SECTIO",, :3'~ , 'FIIEI'ICE RUll S. 88°29'51'' W., ALOi:G THE SOUI'it Lille OF THE SOUTtt 1/2 OF TIlE SOUTHWEST-~/'., OF 'rife SOUTHWEST ~,/4 OF TIlE ,':ORTIIEAST ~,~/4 OF SAID SECTION 13, FOR A DISTAIiCE OF 2.16. I1 FEET, TO THE POINT OF ~O,,it~I ...... o 67 ACRES ~',ORE OR LESS BEGINNING, r ...... *,r~'r' ~ . , ,' '. . BEARII:GS S!{O'..;i; fiE!-.EOi; REFER S. 88~ 20' 15" %'. ;,LG[;G Iff.::: SOUTi[ SEC?lOll 13, i'ON/;SHIF ,;8 SO[iTt{, FLOR I DA · L!i:E OF THE SOUTif!~AST ]/4 Ot: RAi:GE 25 EAST, COLI,IER COUNTY, 715 T*_Nqln St PO Box ~586 Naples, FL 3.3939 (813) 282.4617' FAX (813) 2§2.3~7,4 . 6202 F FC,'I Ml,.'fs. FL ~3919 (813) 481-7874 FAX (81]) 481.1015 10550 A~..,~naltl'/ St~oul Gcx)ita S.p,~js, FL ~923 (813) 992-0795 FAX (813) 992.2327 · · ~B 2 SU~_JECT TO E~.SE,.~E.,To, RESERVATIONS OR RESTRICTIONS OF P, ECORD SIGNED 02/07/91 HOLE, MONTES & ASSOCIATES, INC. B'f ~m~ ~, P.L.S. ~'274 1 -/~-~-~- '-- Thomas J. State of Fla. Z 8119___. Hole, Montes & Associates, !nc. Engineers l Planners Surveyors Folio -"-00150~,~ : r!.; F E F, 2:; I ,*.1P I, E RI'iVISED PARCEI, 56.01-T ..... - , . A PARCEL OF _...::~D LOCATED I., T!tE I:ORTi{EAST 1/4 OF SECTIO;i !s, SOUTH, RANGE 25 EAST, COLLIER COU~.~T'f, FLORIDA, BE!:~G DESCRIBED ?,~; FOLLOWS: COMMENCE AT '"ire.:,'-'r'~,~.r.~EAST CORi;KP C,F.~r~,-:.iO:; ' 3, '-¢~.¢.'..,...'}~7}: .;;' .,"GilT}f, 25 EAST, COLLIER COUNTY FLORIDA; THE::CP] RU: ': ~?.' zo l:'," A!/D::'; SOUTH LII;E OF TIlE SCUT}fEAST I/4 OF SAiD.::,~,qrn'r"'~': i~,, FOR ."'. ,'~,": .... 2650. 16 FEET, TO Tier SCHJTifWKST COR~,LN O~ T}iR .).} .[~tr, t~.~ ~/4 ~:' ;,. . ~ . , t~[,O~..., T'IfE WEST [,T',I[". OF SECTION 13; T}-fE~;CE RUff ]~ 00:' ~6' 50" t'; ' "" SOUTHEAST !/4 OF SAID SECTiOiI i }, FOR A DIf-;TA;;Cii OF ~'~(9'.', ....,'0 ,v~lK'[', , 'i THE SOUTHWEST CORI;ER OF THE I:ORTffEAST 1/4 OF SAIl'} SECT~.,, ,3; TJiPU;TE 'I' :3 ' " - ' CONTI, UE 11. O0 6 50 N., Al,O:iO TiIP: NP:ST I,II~E OF 'FiiE IJO}VI'!iPiAf;T Il,, SAID ..,ECT, d,I ] , FOP A DISTAIiCR OF -~r,.7~ FEEl', TIFF: .......... .. ~'r~ ' · ~ ....~ .... ,/4 OF THE flOP. Ti{ 1/2 OF Tile SOUT!K'iEf;T I/,, OF l}ii; ..,~,t,]t., :...,~ l q'iiE IIORTHEAST 1/40P' SAID SEC7IOJ; !3; TiIEIiCE RIJIi 1;. S8 3]_'06" PT. , AhOi;G q'~iE SOUTH LII;E OF TIlE :[ORTH 2 ,o OF TI{iL "~' "r'~;Nvq'r t,,' · ..... ..... ' ' , .... ~,,,:CE ' 82 FEET, THE I:ORTH:'Z~S'r' ~/',, OF SAID ~EC'FiO} I% FOR A r r~"'' O1: THE SOUTHNEST COR!:ER OF IHE EAST 1/2 OF THE I:ORT~I 1/2 OF i'~il'l SOUTiIKE3T ]./4 OF THE .3OuT},, EST 1/4 OF THE ~:ORTlfEAST 1/4 OF x, AID SECTIOI; 1-' THE POINT OF BEGINNING OF THE PARCEL OF I_2..IID tfEREI. I: DESCRIBED; RUN i~. O0~ 36~15" t';., ALOI:G TIlE WEST LI~IE OF THE EAST i/2 OF 'FIFE I;ORTH 1/2 OF THE SOUTHNEST 1/4 OF THE SOUTHWEST 1/4 OF THE }:ORTHPiAST 1/4 OF SAID SECTIOIJ 13, FOR A DiSTAl[CE OF 180.39. FEET, I'O A POI:Fi' O:i A CIRCULAR CURVE COIJCAVE TO THE I[ORTHEAST, NHOSE RADIUS POI:;T BEARS ~;. 55' lO'Ol" A DISTANCE OF 1772 .36 FEET THEREFROM; THEJiCE RUT: SOUTHEASTKRI,Y AI,O~;G 'FIFE ARC OF SAID CURVE TO THE LEFT, IfAVI,,= A RADIUS OF ~77~ ~6 FEET, 'i}tRO[;C~i A CEIJTRAL ANGLE OF 07~ 18'23", SUBTEiiDED BY A C}fORD OF 225.86 FEEl', Aq A BEARING OF S. 38~ 29~11" E., FOR A DISTA~ICE OF 226.01 FEET, TO T}fE EKD SAID CURVE A~;D A POINT O}I TJfE ,~OuT.f LII;E OF '{lie EAST ~/2 OF 'i'J{E i/2 OF THE SOUTHNEST 1/4 OF THE SOUTHWEST 1/4 OF TIlE t;ORTHEAST 1/4 OF SAID SECTION 13; TIiEIiCE RUU S. 88'31'06" W., ALO::G THE SOUTJ{ hIt;E OF TIlE EAST 1/2 OF THE NORTH .1,'2 OF THE SOUTHWEST 1/4 OF TilE SOUTHt';EST I/4 OF THE NORTHEAST 1/4 OF SAID SECTIOiI 13, FOR A DISTANCE OF 1~8.70 FEET TO THE POINT OF BEGINNING, CONTAIIJIi;G 0.27 ACRE, HORE OR LESS. BEARII,~GS SHOWN t{EREO:; REFER TO.,...,'" ASSUHED ..... BEARI::G O~:' ..... -.,'. 2,'1' i 5" '.';. .':,OUItIEAST 1/,1 OF c.~'-'~rO,: ', ALONG THE SOUTif i,I~iE OF TIlE ~' " SOUTH, RAi;GE 25 EAST CO,,hlF:, r ........ . ' , ' ...-. .O .... ~ ¢, FLORIDA SUBJECT TO EASEMEI;TS, RRSERVAT!C[;S OR RESTRiCTiO;:S OF NEC.CPI). SIGNED 02/07/91 !{OLE, NO.,Tm., & ASSOCIATES, iI:,C T,~O,'T, as J.~ Oarr~-~l State of Fla. Napes, FL ~939 ~8~3~ 4867',74 ~3~ ~.)2 1813) ~2 4617 FAX ~8~ 48140'5 rAY f8~3~ 992 2327 FAX f8~3) 262~74 0 Hole, Montes & Associates, Inc. Engineers/ Planne,,s ' Surveyors [:'o] ir) .".flO] L,' ;.r)F,,Q,; REVi.,"EI) PARCEl, A PAPCI-:!. r',:~. !2diD i,OCATEI) Iii 'l'IfP': ::ORTit,,L.,~ "~.,.'4 .,, SRCTIOI~ ~_, "~, TO','I~'S]{IP 48 SOUTH, Rt~,Gr. 25 EAST~ COLLIER COU!FPY, Fl,OR[DA, ,.~:.I ..... MORE PARTICULARLY DESCRZBED AS FOLLOWS: COMME:ICE AT TIlE SOUTIiEAST COR!~ER OF SECTiOH 13, TO','S~:;IIIP 48 RAI~GE 25 EAST, COLLIER COUNTY, FLORIDA; THE[ICE RU[: S. 88°20~15'' ALONG THE SOUTH LI1;E OF TIlE SOUTffEAST 1/4 OF SAII) SECTIOII 1.3, FOR A DZSTA/;CE OF 2650. 16 FEET, TO TffE SOUTHEAST CORI~ER OF SOUTHWE:;'[' l/,; OF SAfD ,~I.~I10,, 13, i..ilICi; NUll Il. 00"36 50" t'l AI,Oi;G THE EAS'i i. IIiE OF TItE SOL'TiiWEST 1/4 OF SAID GECTiOII ] 3, FOR A DISTfd:CH OF 2692.40 FEET, TO TIlE SOUTiIEAST COk:~EP. OF 'FIFE I;OWIqiWEST 1/4 OF 5;..I[) SECTIOi~ 13; TIfEI';CE CO[']'I'II;[JE !~. 00="3F,'50'' W., Af.,OIf(; EAST i.i/;E OF Tile [iORTtlWEST 1/4 OF SAID SECTIO~ !}, FOR A DISTAI~CE OF 538. 55 FEET TO A POIHT ON A CIRCULAR CIJiR"t': COIICAV[': TO TIFF, UOP. T]fEA:;T, W~IOSE RADIUS t~OIHT BEARS N. G0"46'.;I" !';., A DISTAl;CE OF 2047.36 FEET THEREFRO/,:, AHD THE POIH'[' OF I3EGINHJNG OF Tile PARCEL LAI;D HEF'EI![ DESCRIBED; THENCE RUN NORTHWESTERLY ALONG TIlE ARC OF SAID CURVE TO THE RIGHT, tIAVING A RADIUS OF 2047.3G FEET, A CEHTRAL AHGLE OF 04011'32'', SUBTEHDED BY A CHORD OF 149.77 FEET, AT A BEARi:fG OF [~. 27°07',13'' t'l., FOR A DISTAiICi~ O[" 149.80 FEI:7I' TO 'FIFE EI;D OF SAID GUi<ME AIfD A POIIiT ON 'FIFE I;OR'I'll LINE OF TIlE I;ORTtI 1/2 OF T~iE SOUTHEAST 1/4 OF TftE SOUTHEAST 1/4 OF Tile llORTIlWEST 1/4 OF SAID SECTIOI~ 13; T}IEHCE RUI; H. 88~'32'39'' E., ALOHG SAID LII:E, FOR A DISTANCE OF 66.87 FEET, TO THE I~ORT~{EAST CORNER OF TIlE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTIO1; 13; 'N{EHCE RU~ S. 00" 36 ' 50" E. , ALONG THE EAST LINE OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF TIlE NORT~IWEST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 135.00 FEET TO THE POINT OF BEGINNING, CONTAI[;I~;G 0.11 ACRE, I'?,RE OR LESS. BEAP. II,G.~ SiIOt';I, HEREOI; REFER TO AI~ ASSU[,IE[} BEARIIJC OF S. 88° 20' 15" N. ALO:;C TIlE SOUTH i.,I:;E OF T!fE SOUTIIEAST 1/4 OF SECTION ~..3, m~'.,,~, .,.~'~"~P ,8~ SOUT}{, '~'"~.,'.~,CE ,."~b h,'.:~I~'~', COLLIER COU~;TY,' FLORIDA . SUBJECT i'O EASE~',-.,I.~, RESERVATIC,':S (.~R RESTnTCT~n':¢',. ........ :~ OF RECOU.[}. SIGNED 715 Tc'~th St PO Ba~ 15%6 Haple~. FL ~939 (813) 262.46;7 FAX (813) 262.30;4 · 6202.F P.;s~Jc,~mal Fcxt My~..,rs, FL 33919 (813) 481.7'~74 FAX (813) 481.1015 · , 10590 AL,~r';,tt'~! Slreet ['.o*'~da Spmgs, FL 33923 (813) 992-0795 FAX {813) 992-2327 ~B o~ / / FKE S Hole, Montes & Associates, inc. -":.'", ' ' Engineers / Planners; Surveyors Folio ~00]4'~aa0000 REVISED PARCEL 30-T PARCEl. OF LAND LOCATED IN THE NORTHEASi 1/4 OF S.EC'i'IO!; 13, TO,~,~['.~ 48 SOUTH m,:.~G~z 25 EAST COLLIER COLt;,; f, NORE PAP. TiCULARLY D..oCRIBED AS FOLLOWS: COMMEI;CE AT THE SOUTifEAST CO,RI;ER OF SECi'[O:: 13, TOW!if;!{'li-' .;8 RAtiGE 25 EAST, COLLIER COUIiTY, FLORIDA; THE~;CE RU~; S. a3"20'15" W., ALOIJG Tt:E c.nNm:, Li:~E OF THE r. r-~.,-S,- OE D ' ...... A D~STAI;CE OF 2650.16 FEET TO TlfE SOUTHWEST CORi;ER OF THE SOUTHI'iA',i;'I , Sr "' ; ' r :~ " A!,Oi:G 'FIFE" 114 OF :;AID ..~CTIO,, 13 T}{EI,C~ RLI ,,. 00=36'50'' W., LIllE Oi' T}iE SOUTHEAST 1/4 OF SAiD SECTIO:; 13, FOR A DISTAl:CE OF 2692.40 FEET TO THE f:;OUT}fWEST CORI:RR OF THE }:ORT~IE/',ST I/4 ()I;' SECTIOi: 131 THE};CE RU}; I1. 00~36'50TM W. ALO};G ;F~iE ?JEST L[I;K OF :;ORT}iEAf.;'f' I/4 OF SAiD SECTIOi: 13, FOR A [)i.STA;ICE Ot-' 673.46 FKET TO THE SOL':}[;.;KST 'OCR:tLR OF T}iE ;.;ESi' I/2 OF i~{E ~;C.R'I'!iWEST ]./,1 C}i.' SOUTiI;.;ESi 1/'4 OF fife i;ORT!IEASi !/.i OF SAiD SKCi'IOii 13, AIl!} 't'Ifll POINT OF BEGINNING OF Tile PARCEL Oi-' bil;D }tEREI}: DESCRIBED; COIiT!NUE :;. 00" 36'50" W., ALOI;G THE NEST Lille OF Tile IIORTItEAST I/4 OF SAID SECT!Oil 13, FOR A DISTAIICE OF 673.46 FEET TO TIlE IiORTiIWEST CORI:ER OF THE WEST 1/2 OF TIiE NORTHWEST 1/4 OF THE SOUTtIWEST ]/,i OF THE NORTHEAST 1/4 OF SAID SECTION 131 THENCE RUIi 11. 88034'45" ALONG THE NORTit Lille OF THE NEST 1/2 OF TIlE NORTHNEST 1/4 OF' TIlE SOUTHNEST 1/4 OF THE NORTHEAST 1/4 OF Said SECTION 13, FOR A DISTANCE OF 33.32 FEET TO A POINT ON A CIROUD~R CURVE CONCAVE TO THE NORTHEAST, WHOSE ~DIUS POINT BEARS N. 83: 50'04" ;.;., A DISTANCE OF 1772.36 FEET THEREFROM; THENCE RUN SOUTHEASTERLY ALONG Tile ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 1772.36 FEET, THROUGil A CENTPJ:L ANGLE OF 22~48'29'' SUBTEIiDED BY A CHORD OF 700.88 FEET AT A BEARI!IG OF S. 17o 34'10" E., FOR A DISTAl;CE OF 705.53 FEET TO THE END OF SAID CURVE AND A POIIlT ON TIlE SOUTH Lille OF TIlE WEST OF THE I:ORTHWEST 1/4 OF THE SOUTHNEST 1/4 OF THE NORTIIEAST 1/4 OF 5AI9 SECYION 131 THENCE RUN S. 88~32'19'' N., ALOIIG TIlE SOUTtl Lille OF THE WEST 1/2 OF THE NORHTWEST 1/4 OF TIlE SOUTHNEST 1/4 OF TIlE NORTHEAST 1/4 OF SAID SECTION 13, FOR A DISTAl;CE OF 237.74 FEET TO THE POINT OF BEGTNNTNG, CONTAINII;G 1.72 ACRES, MORE OR LESS. B E?: R I ~;G S S ! iGK:: } f E R EOf; .'.,_P r F 11P~. '. TO A',; ,.,. ,.~ U,.; E D i ~, Fl,'.. R l [ :G 0!" S. 88" 2< ' 15" t-:. ;,.I,O:;G TiiE SOUI'i! I,II;E OF THE f;OUT}IEAST !/,; OF SECTIO:; L3, TO:'f:fSHiP 48 SOLJT!f, R,'d;OE 25 ,r'L:..ST, CO:,I,IER COIJIITY, FLORIDA. SUBJEC': O ['iASEi,:E:;IS, RESzR/,~iIO,,~ OR RESTRICTIO::S OF RF. COIZD. S IG~;ED 02/07/9i .... m HOLE, ..,O.~.E~' a ASSOCIATES, Thomas J. Garris ~" S~a~e of Fla. 2 715 Tot,lb Sl S~1~ PO Box 1586 Hap~s. FL 3~3939 (813) 262-4617 FAX (813] 2~52.3~74 6202.F P.:s,dc.~ mai Fort My£','5, FL 33919 (B13) 481.7B74 FAX (8131 481.1015 105.50 At,~<l"~lhy ~la ~ FL ~9~ (8131 ~J2~5 FAX (8~3) ~2'~ IAI o8 2 Hole, Montes & Associates, Inc. Engineers / Planners Surveyors Folio REVISED PARCEI, 65-T A PARCEL OF I,;:ND LOCATED IN THE NORT~ft';EST !/4 OF SECT[O~i 1.3, TONIISHiP 48 SOUTH, RANGE 25 EAST, COLLIER COU:;TY, MORE r~rt;~!RLY DESCRIBED AS .... : CONi.IEI;CE AT TF, E SOUTHEAST CORNER OF SECTIOi: 1.3, TO?,'i:SiIIP 42 SOU'I'[I, PJtUGE 25 EAST, COLLIER COUI;TY, FLORIDA; THENCE RUI; ~' g[~ PO'l%" W ALONG T]fE SOUTIf I,II;E OF THE SOUTfiEAST 1/4 OF SAID SECTIOll ]3, FOR ~Ob F:Ir,~o ....... OF TH A DIo.,, ..... OF . _ 1.. FEt':T, TO TtfE ........ ~' COPl;~'~ SOUIqfWEST 11'4 OF SAID SECTiO:; 13; ~tiE,I~,. RU:I I; 00 36'5(~ t.:. ~,,o, I.,I:~E OF 'FJfE SOU'I'ItNi:ST 1/4 OF f_;AID SLC,IO,, 1_,, FOR A DISTAI~CE OF 2692.40 FEET, TO 'I'~:: [:O[;T~tEAST CO2:;!.:R O[.' T~I~: 1/4 OF.,,~'' iD SECTION 13', 'i'}II:~ICI: CO:FI'I~IUI{ ~I. 00 _.',','5~;" ',.l. , AI,O:~/; EAST bll;E OF TIlE I;ORT}B,E..~ 1/4 OF SAID .:,ECTIO:; 13, FOR A OF 673.46 FEET TO THE SOUTI{EAST CORI;ER OF Tile i;ORT}fEAST !/4 OF SOUTHEAST 1/4 OF THE I;ORTtlWEST 1/4 OF SAID SECTIOII 13, A~ID TIlE POINT OI" BEGINNING OF Tile PARCEL OF LAND tlEREIrl DR.,Cf IBRD; THE~ICE RUri S. 880 32 '39" W., AI,O~IG THE SOUTH rxt~z oF THE UORTliEAST 1/4 THE SOUTiiEAST 1/4 OF 'FILE i:ORTHNEST 1/4 OF SAID SECTTOII 13, FOR A DISTAUCE OF 66.87 FEET TO A POIi;T ON A CIRCULAR CURVE COIICAVE TO TiiE UORTitEAST, WHOSE RADIUS POI1N' BEARS H. 84028'28" E. A DISTAIICE OF 2047.26 FEET THEREFROH; THENCE RUN NORTHWESTERLY ALO~IG T~IE ARC OF SAID CURVE TO THE RIGitT, HAViliG A RADIUS OF 2047.36 FEET, THROUGIt A CENTRAL AIIGLE OF 19o 30'25" SUBTEIJDED BY A CttORD OF 693.68 FEET, AT A BEARING OF 11. 15016'44'' W., FOR A DISTANCE OF 697.04 FEET TO THE END OF SAID CURVE AND A POINT O~7 THE ~IORTiI I,INE OF THE ~;ORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHNEST 1/4 OF SAID SECTIOU 13; TllEIrCE RUN II. 88035'26'' E., ALOIlG SAID I~ORT}t t, IliE, FOR A DISTANCE OF 242. 50 FEET TO THE NORTHEAST CORNER OF TllE IIORTItEAST 1/4 OF Tile SOUTIIEAST 1/4 OF T}IE I;ORTilWEST ]/4 OF SAIl) SECTIOH 13; TtfE~;CE RUN S. 00026'50" E., ALOI;G TIiE EAST Lille OF TIlE NORTHEAST 1/4 OF T[iE SOUTHEAST 1/4 OF TiiE I;OETtiI.;EST ]/4 OF SAID SECTION 13, FOR A DISTAUCE OF 673.46 FEET TO Tile BEGINN.Ij~, COIiTAINIUG 2.71 ACRES, ?:ORE OR LESS. f'. I,.S. #3741 St "- . a~_e of F].a FAX (813) 262.3374 8B2 HOLE, MONTES & ASSOCIATES, INC, Ef-;GI f,lE E R:'4~ PLAt~fIEP'~ ~,UP ,'i HMA PROJECT #1985031-A-401 4/14199 REF. DWG. #B-2638 ?0[,] 0 .~00148640005 PARCEL 2.4T REVISED A PARCEL OF LAND LOCATED 1~'4 THE NORTHVVEST QUARTER OF SECTiOH 13, TOWi'.,ISHIP 48 SOUTH, RANGE 2,.5 EAST. COLLIER COUNTW, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA: THENCE RUN S.88~41'00'W., ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 250.02 FEET; THENCE RUN S 69~08'38'E. FOR A DISTANCE OF 73.71 FEET; THENCE RUN S.00°52'45"W. FOR A DISTANCE OF 43617 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE EASTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 2153.48 FEET, THROUGH A CENTRAL ANGLE OF 01°29'36", SUBTENDED BY A CHORD OF 56.12 FEET AT A BEARING OF S.00"07'58"W., FOR A DISTANCE OF 56.12 FEET TO THE END OF SAID CURVE; THENCE RUN S.00"36'50"E. PARALLEL WITH THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 153.82 FEET TO A POINT ON THE SOUTH LINE OF THE EAST HALF OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 13; THENCE RUN N88°38'13'E., ALONG THE SOUTH LINE OF THE EAST HALF OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 193.52 FEET TO THE SOUTHEAST CORNER OF THE EAST HALF OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTi-WVEST QUARTER OF SAID SECTION 13; THENCE RUN N.O0°36'50"W. ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 673 46 FEET TO THE POINT OF BEGINi"JING; CONTAli',IING 2.942 ACRES, MORE OR LESS. THIS PROPERTY IS SUBJECT TOEASEMEN o, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AS BEING N.00°36'50"W. HOLE, MONTES & ,,,.:,oOCI~TE,~, CERTIFICATE OF 4UTHORIZATION LB #1772 T HOt,,1AS J. GARRIS P L.S. # 3741 STATE OF FLORID,"., 2 HMA PROJECT #1985031-A-401 HOLE. MONTES & ASSOCIATES. IhIC 4/13199 ~;~s ;.~.~s ~-,;~v~:~,~: REF. DWG. #B-2636 P~RCEL 26-T REVISED A PARCEL OF LAND LOCATED ira THE HORTHEAST QUARTER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUN'TY, FLORIDA, BEhNG MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE IIORTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA: THENCE RUN N.88°S9'39"E., ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 80.01 FEET; THENCE RUN S.44~01'24"W. FOR A DISTANCE OF 42.70 FEET; THENCE RUN S.00°36'50"E., PARALLEL WITH THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13. FOR A DISTANCE OF 200.02 FEET; THENCE RUN S.88"39'39"W.. PARALLEL WITH THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 22.00 FEET; THENCE RUN S.00"36'50'E., PARALLEL WITH THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 106.70 FEET TO A POINT Oi',,~ THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN S.88"38'26"W,/.. ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13. FOR A DISTANCE OF 28.00 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE t.,IORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN N.00"36'50"W., ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 336.73 FEET TO THE POINT OF BEGINNING; CONTAINIh,!G 0.343 ACRE, MORE OR LESS THIS PROPERTY IS SUBJECT TO EASEt,",EI',ITS. RESERVATIOI,% OR RESTRICTIONS OF RECORD BEARINGS REFER TO THE WEST LINE OF THE NORTHEAST QUARTER OF SECTION 13. TOWNSHIP 48 SOUTH. RArlGE 25 EAST. COLLIER COUHTY, FLORID.q. AS BEtr~G N.OO°36'50'W HOLE, MONTES & A~SOCI**TEo, INC. CERTIFICATE OF AUTHORIZATION LB #1772 ~ . THOMAS J. GARRIS P.L.S. # 3741 STATE OF FLORIDA · . 8B 2 FEE SIMPLE Presetving and chh;mc,rig Fl~)~idn'$ qu,~hty of ;ifc since 1966 HOLE, MONTES & ASSOCIATES, INC. EhlGIIqE E c15 PL/,;It~E RS HMA PROJECT ff 1985031-A-401 4/13/99 REF. DWG. #B-2637 FOi,IO ~0t) 150080006 PARCEL 35-T REVISED A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S.00°36'50'E. ALONG THE VVF_ST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 336.73 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTI~t'FEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13, AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN N.88"38'26'E., ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 27.98 FEET; THENCE RUN S.O4':'O7'49"W. FOR A DISTANCE OF 338.26 FEET TO THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN N.00"36'50'W., ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 336.73 FEET TO THE POINT OF BEGINNING: CONTAINING 0.108 ACRE, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE WEST LINE OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AS BEING N.00°36'50"W. HOLE, MONTES & ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION LB #1772 THOMAS J. GARRIS P.L.S. # 3741 STATE OF FLORIDA RESOI.UI'I()N Nil. 99.253 ,NOTICE OF IN'TENT TO I.EVY TIlE SIX CEN'FS I.OCAI. OI'TION FUEl, TAX PURSUANT 'FO SECTION 336.025, I:LORID..I ST,-I TUTES. WIIERF~:\S. Scclion 336.025, l:b.'i~h~ ,¥t,tttttc.v, authorizes thc Cotll~ly Io levy ;i Nix ('cnls Local Option Fuel Tax; and WI fERE..N%. SccliOll 336.025. ]"/r,'ida .h't~tlulC.v. requires the ('otmlV intcrloc;d agreement with one ~r more oFIhc mm~icipalitics located in thc (',,tmb' prior lo .hmo I. 1999 or absent such intcrlocal agreement, rcqmrcs thc ()otlllty Io ;ultq~t such local option fuel tax prior to June 10. t999: WI tEREAS, thc Board ofC'ounty ('omm~ssioncrs of Collier County, Florida (hcrcinalicr "B(~ard"l adopted Ordinance Xo. S9-27 on May u. 1989. pursuant to ,~'ItIINIeX. proxiding IZ)r thc imposition of dm Six ('cms Local Oplion Fuel 'Fax motor filcl and diesel fucl sold in Collier County and taxcd under thc provision ot'('haplcr 206. ]:[orifht .[fatttlc.v: ;llld WI tERE.&S, thc lcx'y ortho Six Ccnls Local Option Fucl Tax shall othc~x isc expire. eFFective Scptcmbcr I. 1999 pursuant to Ordinance No. 8')-27: and WI iEREA%, lilt Itoard has determined thal it is appropriate, liscally intcrcsts of thc citizens of('ollicr ('ounly to cxlcmt thc Six ('cnls Local ()pti.n Fucl Tax; alld WI 1EREAS. Scction 336.025. [,'[tJrida .N¢tltttltw provides Ihat thc ('oumy may. prior Io levy oFthc tax. cstablish by inlcrlocal agrccmcnt wilh m~c or more ol'thc municipalities Iocalcd therein. rcprcscnting a majority of thc populalion oFthc inco~oratcd area within Ibc ('otmty, a dislributi(m formtfla 5~r dividing thc entire proceeds r)Fthc h,cal opti.n fucl mx ;,n(mg thc ('otl~lty govcrnmcm and all cligiblc mtmicipalitics within thc ('t)tllll}: alld knit ERIL&S, Section 336,025./.7t,'ttbt .5latulcs. providcs that it' such inlcrlocal agreement has not bccn cxccutcd, thc County may. prior Io .lumc 10. adopt a rcsolution of intCllt Io levy thc Cent Local Option Fucl Tax; a~ld WHEREAS. an intcrlocal agreement providing a distribution I~mllula liar dividing tile entire proceeds of Ibc Six ('cms [.ocal Optiot~ Fucl Tax among ('oilier County govcrnmclll ;tlld all eligible municipalities xx ithin thc ('(ntnty t~r ft~ltir'c .,,'cars has not yet bccn cslablishcd: and .-8E i V,'l ll~lU{..\~, said t;,× may bc levied by an ~rdinanc¢ adopted Iw ama. jorily v~tc of thc Board and Ordinance No. ')9- providing l;~r thc levy ~d'a Six Ccnls l.ocai Oplion Fuel lax was adopted by Iht Board on ~ _~_ _. 199'); and NOW. I'tIEREFORE. BE IT RESOLVED BY TIlE BOARD OF ('OUNTY COMMISSIONERS OF ('OI.I.1ER ('OUNTY. FI.ORIDA 'H IAT it is thc imcnt ¢~f dds Board to extend and impose a Six ('ems l.ocal Option Fucl Tax bctk~re July 1. 1999 to hc effective September 1. 199') lbr a period of sixteen (I C~} years and expiring on August 31.2(115. and Io cmcr into an intcrloc;d agreement with one or more of tl~e mm~icipalilies located w:,thm ('oilier ('omny rcprcscming a majority of the inco~orated popuk,tiem ~ithin Collier Cmmty. which intcrlocal agrccmcnl shall provide a distribution fo~ula fi)r dividing ll~e entire proceeds of Iht Six ('cum I.ocal Option Fuel Tax among the County government and all eligible municipalities. ami majority vote favoring same. ATTF. S'F: I)WIGttT F.. BROCK, Clerk 'Approved as ~o form' and legal su fticiency: David C. \Vcigcl ~ County Attorney BOARD OF COUN'[Y ('mrJl.l.IER COUNTY. FI.ORID,'\ ~,,.: / ,' / / '., ~..~. P/"i.M EI.A S. ,".IAC'KI E. Cha}nvoman TI tis IN'I'[:.[~,I .(')('..'si. AGRf!F,M ENT (:\grcemcnt} d:ned fl~is .C~.. ~,,,~__~__ day of _i~__~/~_._ _o,~_--_. 1 ~)9,). hv and bet,, e~.'r, Collier County. a political subdivision or,he State of Florida, heremafler referred to =ts "County". allt. l Ihe City of Naples. a political subdivision oFlhe Slate of Florida. In consideration of Ibc premises and pursuanl Io the aufl~orizafion ofSeclion 33~.025, ['7orida Strttutcs. thc panics hcrclo agree as follows: I. Pursuanl Io Section 3361125. P'/r,'t,la .Uatutcx. the Collier County ('omn~ission enacted Resolmion N~. 99-253 i a copy of which is allachcd hereto and inco~ora~cd herein by reference as Itxt~ibit "A") aulhori/.ing thc levy of thc Six Cents Local Option Fuel Tax upon cvc~ gallon oFmo~or fucl and diesel fuel sold in the County nnd taxed under fl~c provision of Chapter 2(}6. ~/,,'t(/rt 2. Scclion 5 oFOrdinance No. 99-40 provides that the distribution of lhe proceeds from thc local option I'~lcl tax shall he pursuanl to Intcrlocal Agreement wilh eligible municipalities. which Intcrlocal Agreement shall provide a dismbution I~ula for dividing lhe proceeds from lax. 3. '1 hc County shall hereby receive fiO.09% of the Six Cents Local Option Fucl Tax on eve~' ~al]on of motor Ihe] and diesel flJcl sold in Collier County. and the City of Naples shall rcce~x'e 1~.3i~'~;, of the proceeds from the Six ('chis I_ocal Oplion Fuel Tax on every gallon of fl~cl and diu. s~l l'ucl sold in ('oilier ()otmty. Il is fu~h~r agreed that thc City of Marco Island shall rece{ve 5.O1"5, of the proceeds oflh¢ Six ('chis local Option Fuel Tax on every gallon of motor fuel and diesel fli¢l sold in Collier County. and Everglades City shall receive 0,73% of the proceeds of the Six Cents I.ocal Option Fuel Tax on every gallon oFmotor fl~el and dJes~l Fuel sokl in Collier Cotmly. Toarr[ve at lhe appropr~ate share ofthe proceeds lo be paid to the resp¢ctive pa~ios hereto, th:' I;>lloxt irqg proccdurc shall bc lbllowcd. Everglades City shall receive 0.7fi%. Collier County shall tl~cn receive its 80.60% share based on thc remaining 99.25%. making Collier Cotlnly's share 8(L0'1'5:,. Thc City of Marco Island shall receive its 5.01% share based on the remaining 99.25",;,. making tho City oFMarco Island's share 4.97%. The City of Naples shall receive its 14.30% share based on lhe remaining 99.25% making the City oF Naples' share 1~. 19%. Collier County 80.09% City of Naples 14.19% City of Marco Island 4.97% Everglades City 'Final 100.00% 4. This :\grccmcr~t shall be in full tbrcc and effect from September 1. 1{)99 lo Augtmst 31, 2003 inclusive, unlcss changed by wriltcn Agreement of all panics. This Agreement shall govern thc division and distribution of thc proceeds of thc local option fuel tax imposed through August 31. 2003. Thc distribution formula for the succeeding agreement shall be based on FY98-FY02 audited transpom~tion expenditures. 5. I his Agreement shall be lllcd with dm Clerks of the County, thc City of Naples. l}~c City of Marco [shred. and Everglades City. Florida, prior to September 1. 1999. IN WFI'NESS WI IEREOF. the panics hereto have caused these presents lo be executed by their respective autho6zcd signatories. DATED: ATTEST: DWIGHT E. BROCK. Clerk Deputy Clerk Attest ~: to ChmW'm~'s signatur~ onlj. Approved Ag To Form Anti Legal Sufficiency: David C. \Vciu¢l c52 Collier ('otlilty ,.\tton;cy ATTEST: TARA A. NORMAN, City Clcrk Approved ,.\s To Form And I.egal Sufticicncy: Attomcy. City of Naples BOARD OF COUNTY COMMISSIONERS COLLIER COUNT\'. FLORIDA BY: MAC KIE. Cha woman PAMELA S. ' ' : Page 2 of 2 I~II';SOI.UTION IN('). 99- 2.53 NOTICI", O!" INTENT TO IA'~'VY TIlE SIX CENTS I,OCAI, OPTION FUEIo TAX PURSUANT TO SECTI(')N FLORIDA ST, d TUTES. Vql IL:REAS, Section 336.025, Florida Statutes, aulhorizes Ihe Counly to levy a Six Cc~ts Lt~cal Opti(m Fucl Tax; and WI IEREAS, Section 336.025, Florida ,g)atutcs, requires thc County lo enter into :m inlerlocal agreement wilh one or more of the municipalities localed i~l the County prior to June I, 1999 or absent such inlerlocal agrecmcnl, requires the Counly 1o adopt a resolution of intcnl to levy such local option fiscl tax prior to June 1 O, 1999; and WI IEREAS, the Board of Cotmty Commissioners of Collier Counly, Florida (hereinafter "Board") adopted Ordinance No. 89-27 on May 9, 1989, pursuant Io Scclioll 336.025, Florida ,S'[aIIIIC'.V, providing for the imposition of thc Six Cents Local Option Fuel Tax upon cve~ gallOll motor filel and diesel fi~el sold in Collicr County and t~ed under thc provision of Chapter 206, Flori~h~ Statntcs; and Wf IEREAS, thc levy of Ibc Six Cents l.ocal Option Fuel Tax shall otbenvise expire, effective Scpteml~cr 1, 1999 p.rsuant lo Ordin:mcc No. 89-27; and WI IEREAS, thc Board bas determined that il is appropriate, fiscally sound and in thc best interests of thc citizens of Collier Cotmly to exlend the Six Cents Local Option Fuel Tax; ami WI IEREAS, Section 336.025, Florida ,5'tattttes provides that Ibc County may, prior Io levy office tax, establish by intcrlocal agreement with one or more oFtbc municipalities located lherein, representing a m;~.rity of II~e populalion oflbe mco~oraletl area wilbin the Cotmly, a dislrJb.tion formula fbr dividit~g t}~c entire p~ocectls of the h~cal optitm fl~cl lax aillong ll~c Comlly government and all eligible municipalities within Ibc County; and WHEREAS, Section 336.025, 57orkhz Statutes, provides that if such inlerlocal agreement has not hceo executed, thc County may, prior lo June ltl, adopt a rcsolulion of intent to levy lhe Six Cent Local Option Fuel Tax; and WI tEREAS, an inlcrlocal agreement p.3viding a distribution Formula for dividing lhe entire proceeds ~f Ibc Six Cents l.ocal Option Vucl 'Fa~: among Collier Counly government and eligible municipalities within thc County For fl~tt~re years has not yet been established: and WI IERI:.AS, said tax may be levied by an ordinance adopted by a majority vote ofll~¢ Board and Ordinance No. 99- ~0 providing for thc levy ora Six Cents 1.ocal Opli(m Fuel Tax was adoplcd by thc Bo:m~_~.t__, 1999; and NOW, TtlERI~FORIS, lIE IT RESOLVI[D BY TIlE IIOARI) OF COUNTY GeM MISSION ERS OF COLLIER COUNTY, FLORIDA TI IAT it is thc intent of this Board to cxtcml and impose a 5ix Cents Local Option Fuel Tax before July 1, 1999 to be effective Scplcmbcr 1, 1999 fiw a period of sixteen (16) years and expiring on August 31,2{115, and Io cnlcr into an imcrMcal agreement wid~ one or more of dm municipalilics located wilhin Collier Cmmty representing a mitiorily afflm inct*rporated populalion within Collier Cmmty, which inlcrlocal agreement shall provitlc a distribution fonnula for dividing lhe enlirc proceeds of dm Six Cents l.ocal Option Fuel Tax among tim Cotlnly government and all digiblc municipalities. This Rcsohdion adopled Ihi~day~ , 1999 after minion, scc~md ami majority vote Gvoring same. ATTEST: DWIGIIT I:.. BROCK, Clerk '~ppmvcd a~ to forth and County Atlorncy I:tOARD OF COUNTY COMMISSIONF.'P,S COLLIEP, COUNTY, FLOP, IDA P,.'YM EI.A S. MAC'KIE, Ch~j4',vonl;.m / State of FLORIDA County of COLLIER ' ":: I HEREBY CERTI['Y T~IAT tilts correct c~p't o~ n document on ~1o In ,. Poard Mim~.:~; arm l'~cco¢~s of Collier / I~.ESOI,UTI()N NO. 99-251 RI-iSOI.UTION :',.I'I'OINTIN(; AND I,',EAI'POINTIN(; .~,1 EM BERS TO TI I E ('¢)NTRA('TORS' I.ICENSI N(; B¢)A RD. WI IF. REAS, C'oliicr ('ounty ()rdinar~cc No. q(I-lllS, as amended, created tl~c ('onlraclors' t.iccnsing Board and provides that thc Board shall be composed of tqitle (9) members appointed by thc Board ()f ('otlnly Commissioners with a minimum of two (2) members residing wilhin Ihe corporalc city Im~its o1' Naples or recommended m thc Board by tile Naples ('ily (',mnci]; ami WIlE R [L.XN. clTectivc October l. lqgE. Section ~9.131(l(I). [:lorida ,~'Iattttc.v. requires that every contractors' liccnsm~ board consisting t,F seven or more members tlltlgt have al least 3 those members qualify as consumer rcprcscmat~ves. WI IEREAS. thoro ~s cu~cntJy a vacancy lbr a consumer representative scat. and lwo 12) lerms will expire on .June 30. 1999, creating a lolal ol'~hrce {3) vacilllCics o1~ this B.ard; and WIIEREAS. Ibc Board of Cnunly ('ommissioncrs previously provided puhlic NOW. 'IIIERliI:ORE. 13E IT RESOI.VEI) BY ]lie BOA[ii) ()1: ('(~UN'I'V COMMISSIONERS OF ('OLI.IER ('Ot~NTY. FI.ORIDA. Consumer Representative Io thc Contractors' l.~ccnsing Board tbr a Ihrce year Icr'm. said term to expire on June 30, 2002. 2. (}a~,' F. l tavcs meets the prerequisites [bt appmntmenl and is hereby reappoinled under the categor'/of PlumBing to thc ('ontraclors' I.lccnsing Board fo~ a three year IcFI13. said Icrm expire on Jtmc 30. 2002. 3. Les Dickson meets thc prcrcquisilcs Ibr appointment and is hereby rcapi~c~intcd mMcr catogoiT of Roo~llg ('Olllraclor to the ('Olllracv~rs' [.{cgllsillg Board lbr a l}ll'CO >'citr ICFIlI. lem~ Io expire on June 30.2~102. This Resolution adopted after motion, sou.nd and majority vote. DA']'[![): Ma7 25. ATTEST: DWIG~IT E. I~RO('K. ('lcrk Approved as to Com~ and legal sufficiency: / David C. V,/eigel County Auomey DCW/kn P,f)ARD OF ('OUNTY ('O,MMISSIONH~.S ('()I.I.IER ('C)ISN'I'Y, FI,ORII)A [ AM ELA S. MAC'KIF., Cha'~voman 108 RESOI,LTI'iON NO. 99-252 A RI'~SOI.U'I'ION APPOINTI~N(; ANI) REAPI~OINTIN(; ,MEMBEItS TO TIlE COI.I.IER COUNTY WATER AND WASTEWA'I'I:R AUTIIORITY \VtIF. RF. AS. ('oilier ('ounly Ordinance No. 0()-(~. crcalcd thc ('oilier ('ounly Water and Waslcwatcr Utililics Rcgulato five (5) mcmbcrs appointed by Ibc Board of County Commissioners; and WItER[AS. Ordinance No. 96-6 provides that three (3} members of thc AtHhorilv shall hc lcchnical members and lx~ o (21 members of tl~c A tnhority shall he lay .~cmbcrs: and WI IEREAS. thcrc arc cu~cntly two (2) vacancies on thls Board under Ibc calcgorics o1' l.av Member and Technical Member: and WHEREAS, thc Board o[ County Commissioners previously provided puhlic nolicc soliciling npplications From interested paints. NOW. TItEREFORE. COMMISSIONERS OF ('OI.LI[!R COUNTY. FI.ORII)A. thai: 1. Andre NI. "Monty" I.cCronc is hereby appoinlcd under thc calcgory oF Technical Member to thc Collier County Walcr and Wastcwalcr Authority for a {bur year ICftu, said term expire on May 21.2~}03. 2. Fay R Bilcs is hereby rcappoinlcd umlcr file category of Ix~y Mcmbcr t() thc CMlicr Cotlnly Water and Wastcwater Authorily for a limr year temL snid Icrm Ia expire on May 21. 2003. ~ This Rcsolulion adopted a/Xcr moli()n, second and majority vote DATED: May 25. 1999 ATT F. ST: DWIGII'F [:.. BROi'K. ('fork /\pprovcd as to £orm and legal sufficiency: BOARD ¢)[' ('Ot:NTY ('()MMINSIONI!RS ('()I.I.I[:P, COUNTY. FI.()RII)A PAM [ii.,.\ S. %IA("Klt2. (Thaimlan DJ, vid C. Weigcl County Attorney I)CW/kn Section 8 ofthe County Administrator's contract contains eight categories bv which using to evaluate tile Count,.' ,.\dministrator. Bud,=,et Xlanagemcnt -- I lind r~ l'::uh v, itt', thc presentation of lhc btM'_'ct. Il h:~s N.'c:~ brou',ht to us in a s~rai,,httbrv, ard ar:d I;~r~hri,'ht manner. Supervision -- The Administrator's st'de is one ofcmpo,.vcrmcn~ Divisions. h is one oFchange and could e/%c~ it places more rcspoasihilk> and accmmtabilitv are havin~ accurac? in intbrmation problems then that needs to he addressed and communicated to Nit. Fernandez. '- ~' i,':t:al~ 'J'hi5 is r:,,t a small ,',r:':~i:l/::',i,,r: and d:;.'rc ',; ill ..iv.a,,., disgruntled. ,.Xgain ~orkin'.' Ii)r or, e administr~ti',c ..<vic Ibr a re:mi'ct ,~l',,c::r:; arld then changin~ st'.'lc m:w take time aixJ e×?ec:ati,.:ns must b,: c!carI', artic~.:latc~] ;,~ thc emplo': ces. [.cadcrst~i? - '['hc C'oun:,...\dministra~ior', \as hr,~u'_'ht t'onh 5c'.cral .Xlectir~gs of ti:e (_'ommissiorl on a bi-wc~:k Iv sci;edule. Prop,>scd [imcr~'encv allocatk;n of rlloncv :'.s Scl tbrth bv thc Bi '(.' alh)catcd minimal dollars, the divi~iens and C'~un[,...\dmin~:;',rator. a:'ter much discussion, came up v. ith a plan. I)cpartmen[ Performance -- I Nelic'.e thc joh is heir','__:' de, r:c. ho'~,.c'.cr, c~n[ir',t~,>u., improvement should bc C×l"Ccled ir] a!] departments. Recent unioni,'ation talks should not b,., laid at ~he Administrat,~r's I:,:ct. With thc great h~tlt~x ~)l'nc'.'. pet>plo it is to Ne expected. v.'ith Mr. I:ernandcz. [. personall'.', don't have arlv serious issues ',vith him that haven't communicated. His job is not to pla:,' politics v.'ith tile Board. but run thc County with the best administrative practices. 8. Cornmunit? [?,elations - ,',,Ir. Fernar]dez attends manv events and speaks on a number et'occasions. Better usc el'Channel 54 is also c,.'idclu. In summation_l ~'lieve our current Administrator ha.s thc qualities and experience to lead Collier County. ~,\,'e need to set s~m¢ realistic and measurable goals and then slick to our job el'setting policy. COUNTY ADMINISTRATOR'S EVALUATION NAME:. Robert Fcn_Nndcz DATE' 10 MAY 90 NAME OF EV..\LU.-\TOR: John Norris Each Commissioner is requested to complete the evaluation form based on his,q~cr assessment of thc County Adn~inistramr. Your response to thc criteria may bc clarified or expanded upon in thc individual comment part of each i~cm. THE COUNT\' ..\DNIINiSII',AI()[: .Responds to th;: public in a prompt, thorough and appropriate manner I have had numerous reports from the public complaining about slow response to inquiries directed to the County Administrator's office.. .Responds ;o fi~c B~mrd o~' CounD' Commissioners in a prompt, thorouyh and :tppropriatc manner. {individuaiiv as a .My experience has hecn that response time bas not been prompt. .Res?onds ~o fl:e I'ress'~ledia in a prom?t, thorough and appropriate manner, I bare no good way ~f cvaluatin,~' this criterion. .Prepares com?rch,.:nsivc, rc!c','an~ and c<>r~,~,i~lctc agcnd'a topics and reports for thc Board of Count>' Commissioners. This is one area of concern. 'I'her~: has been much discussion during several l:loard meetings involving the lack of information in the agenda item backup material. This has been a problem lhat seems to repeat itself with annoying frequency. ..Makes fcmhright and appropriate presentations and recommendations to the Board of CoT~nty Commissioners. Generally true, however at times C..\ is not acceptably knov,'ledgeable about the subject matter at hand. .Communicates reliable infommtion to ,,lie Board of County Commissioners during Commission meetings. There have been several instances of incomplete or inaccurate information presented during Bonrd meetings. Furthermore. there have been instances when the Administrator was unaware of the facts, or unable to provide answers to questions from the lloard. .Demonstrates prot'cssional intccritv, a commim'~ent to goals and objectives of thc Board of County Commissioners and a willingness to sock personal urox~h and development. Integrity has never been in question. .Dcmor. stratzs leadership and visi,m in pkmning needs of I)ivisions :md implcmczm; or .,.~,.~,i..~- r::.',:cssar.', .Pr°::'-rams a::d :~c'~i', i:ics :,.~ ir~cr:::~se ,,:'fi':ciuncv :md ct't'cctivcr~:.'ss. I v. ould prefer tu sec C.-\ to cxhibi! :x nit,re authorit:ntive m:nna~emcnt sl.vlc, and implement anv desired ur directed changes in :, more cxpctlitious m:lrlrler. .Demons:rates thc abili~',,' to secure cooperation 'and obtain optimun'~ results throu'_'h the e:ToNs of ozhers. Ag:tin, I ~ouhl prefer a m~rc authoritative mana~,ement st\lc rather than Fll;lrlllv, ellleflt by ct]mmittee". .['zriodic ,.vrit.:cn c(m:municafio~,s (rc?,,r:>. r:~..v..dcm:rs, z:c ~ ::r~' ini'orm:~ivz, intcrc:;ting and well received. Generally true, when forthcumin~2. .L:mphasis is placcd on u~ilizir~,__' all ~,pp,,rtuni:ies to communicate xvifl~ thc public and I have not ahsavs found this t~ be the case. .Emplo.vs highly qualified professional pcrsormel. .%lccts :'.nd assigns professional personnel to appropriate positions. I believe ti'mt Collier County is furtun:~te to have aver?' professional staff at nenrly :ill levels. .Recommends the allocation o£ .;alar>' a~d benefits in a manner that meets thc stated ooject'vc.~; of thc }3oard of Count.',' (..'orr, n'~issioners. 1CC There is some question ~hether the [Ioard's directi~n was followed properly for Ibc '9~-'99 budge! year. .5.1anagcs positive employer-employee relations xvithin County ?vcmmcnt. This statement is certainly in doubt, c.nsidering Ih:it v,c h'avc t',v~r SCl'mratc unionization efforts currently undcr',vay. .The annual bu&,ct is ~,rc<cntcd in a timetx manner and rcllccts a wall-planned, rc:flistic and" '"'" ,ccu,.~. fir, ancial ~' I ~as pleased ~ith our last budi.t'ct process. .Administration ofth~ budTct is responsive to thc needs of the community. I ,a-ould a.,2rcc ~ith this statement, except that I v,~uld expect Board directed or autt~rized pr,jeers :~nd pro,,1'r:~ms to be implemented in a more timch' fashion. .Demonstrates f~sc:5 z:c~zt~t:r'xabilit', arm efficient utiii~'.tion of resources. Agree. .Leadership sLx'lc guides individuals and 5roups toward task accon',pli:dtmcnt planning, d..:vc!opnlCp, t and hnplcmz'nta~itm of proL_'rams. ..\,,'~in. I v,,uld prefer a mr}re :luthr)ritati'. c m:tn:tgcmcnt st,. lc. .Direction f~r Division ..\dministrators i~ related. \Vhile C..\ has sho~ n :~CCCl}tahle ahility, rc.',ults have been slow in coming. .Demonstrates and maintains act, mmilmc:~t to thc development of local, st:'.te :md federal a$cncics with Our relations ~ith the City of 5Iarco Island have hccn strained at best, and seemingly have n~t improved much. if at nil. .Crisis manaszmcnt is evidenced bv prtwcn and prudent judgments in managin~ unplanned events. ..\lthough there were communic:ttion problems p,'ith a recent episode of t)rush fires, C.-\ has sho~vn adequate ubility in crisis management. .(.'onfiict man:~ccmc?,~ is dcmonstratcd bv thc ability to modcratc wid,.:Iv divcrL_'cnt vicv,'s into consc~,sus. CA has xhown :iccc. pl:~t~lc :thili£v. as n r,,,lc m,.',dcl hv thc dcmons:r~,t on of essential prc;fcssic, n:tl q[lalitics and ethical bch:r,.'ior. CA hns :~l~vax's demonstr:~ted supcrlalive ethic:~l beh:~vior. ~\k hile Ii'iix sl:~tcmcnt ix ,_,cncr:~ll,, true, ('..\'x pcrxon:~l Ic:~dcrship xlx'Ic m:,v not be bc. xt xuitcd [tLr (',llicr COUNTY ADMINISTRATOR'S EVALUATION N..\.',,I E: Rahert Fcrnar:dcz D..\'l't!: Nlav 14. 1 N.-V',,IE O[: EV?x[,[,'.',,'['()i~.' James D. C?.rrc:'. Ph.D.. Commissioner - District 2 Each Commissioner is requested to c,>mpi,,:tc thc evaluation form based on his,'lxcr assessment of thc County ..\drninistrator. 'four response to thc criteria mavbc clarified or expanded upon in thc indi:'idual comment parr of each item. TltE C()UNT'F .,\D... NlS I ~,,.-\ 1 I have received mixed re~pottses on llti.~' i.¥sut'. Most of Iht' time it ir [m¥itive. Therc are ~'ome areas where ] have recommended improvement. [ rntc /tiltl as satL~factoo'. Responds to t?~,,.' Board o/' Ctmrw.' Commissioners ir: a' Fre:::Ft. ti:or~>u'_'}: ar:d ap?ropriate mar, r~er. [individually'a.,: a groupl ..ts an imlividual, the County Admini.~trator has re.~pomted to me in a prompt. lhorott.g,h attd appropriate mt~nner. .4s ti g, rottp there see.r¥ to be some coucern.¥ ill this area. 17to.~'e appareut d~ficulties ~teed to be wore'ed out with the [ndividtial Comlni.~'sioner(.s7. I rate/tim as .satis~lcltsO'. 1. Responds to thc Prcss".Xlcdia in a Frompt. thorough and a?propriate manner. To m)' know[et4k'e he has Inet e.v~ectations in th[,5 areu and I rt~te /tim as xati3factory. 4. Prepares comprehensive, relevant and complete agenda topics and reports for thc Board of County C'ommissioncrs. For the mo.w part I am not di.¥sati,~fied with what is appearing on the agenda topics ami retf~rts to 11.5' ti.5' Comlnixsioner.¥. ,,15 [ become more familiar with the process 1 am sure I will have addiliom~l comments in this area. ,,It this time 1 rate him as satiafactory. Pa,=,c I of 5 Makes l~3rthright and appropriate presentatior~s and recommcrxt:~tions to the Board of County Commissioners. l:'or the most Fart Itt' ha.¥ met nn' e. vpect~tlhms, lhm'ever, there are time when If eel he nor st~(ff are antic'if;aria.k, en,u2h. I have cottnseled him on the situations where Iii'lc he or a xtafj'memher was not adequate? prepared. Durin.k, these discussions he h~s re~'ponded positiveO' ,ml beau he~ter prepared~r oue-on-one presentations. I rate him sati.sfactoo'. Communicates reliable infommtinn to thc Board of County Comrnissioncr~ durin,.z, Commission ThL¥ L~' an area where I think t/tat he has been caught off,guard on more lhalt olte occasion. I believe he needs t, ma~e sure t/tut staff i.¥ well pretmred lo discuss the ~,iven h.~ue.~'. Per]taps in the pa.¥t staff was e.x'pectin,u lhe ,4dtnini. strator to take Ihe ]teal for their shnrtcomin,k,~'. L'mh'r his participatory .~trle lhe diri.¥ion adminia-trators must he hehl accountable for their own shortc,min,gy. This ix a sati. s'factory minus situation for the. Demonstrate:; profcssior~al intcgritv, a o)mmitment to goals and objectives of the lie/tas parlor, ted sathfactorily for me itt t/t£¥ areu. l~'e have di. scu.~'.¥ed a per.wmal growth a/rd deveh;ptuent plan, not only for him but for his division adtnitdstrator.v. There is no que.s'tio~t t/tat he tmder.staud.~' thc goal~' attd ohjectives ami his challeu.,4e is to get th,se fulfilled throu.gh hh' participatory so'la and become tougher when the situation dictate¥. I rate hitn sat/.s~/ctory, plus. Dcm ms~rate~; leadership arm vision in piarmir~g needs of Divisions and implements alter>, ',',ct:c:ssar? Fr,~grams and acli', itic:4 tth participatory leadership style i.¥ a contra.¥t to his predecessor, l~'hett you change adminia'trators and brin.'4 in a perxon with a different style of operation it takes some time.for divi. s'iou adminh'trators and staff to trust the new style. I have made recommendations here for him to strengthen his style attd develop a platt of action for integrating his division udministrators into a team matmgement process. I rate him satisfactory with a caveat of att action platt over the itc.ri six months to improve-this situation. Paze 2 of 5 9. l)emonstrates the ability to secure cooperation and obtain optimum results through the ct'torts ot'othe:-s. I have trot e/tcvttn[ered anl' imlica[i,a.v where he has ttt;t heeu :th/e to acc't;,q;livh t/tis'. I rate/tim .¥atisfactoo'. lO. Periodic v. riucn communicatiot~s (reports. ncwsleuers, c:c.I arc i:~lbrmativc. interestin'.z and well received. I would rate him sati.~factor3' itt thL5 area. 11. Iimphasis is placed ~;:~ utili×ing all op?,,~rmnities to ctm'~munic:,.t? :','it!2 th:.: pa, hilt and maintainir',:.j., OFC:: !ir:'..'s ,>t' communication. I believe he Itel5 de,ttm.wrated initiative itt thi.5 area attd ha.s do/lc a more than sati.5~tctory j, b itt tr. vin.g to accomplixh thix goal. 12. Emplo':s hi'_,hi', eualified pro/'essiona! personnel. .Selects and assi'_,ns professional personnel to ap?)priate positions. lie ittherited it maitu,gemenl team. It L5 too early for me to evaluate him on lilLY subject. / dLsa.g, reud with britt.gin,k, in a fifth admittLwrator, lie reorgani.'.etl intermt[h' to c(2t'er tilt'5 positiott. [ lhittk he should have moved attire quickly on iSXlte, Jtowev~'r. the Aev is how wu[[ the internal Iltove wi)rk.5. ! rate him .~atJ. sJ}tctoo'.. 13. Rccomme;':ds thc allc, cati,.>n ~t' sal::.'-', and ["cnclirs in a manner that meets ti,,,.2 stato, t objectives of thc B,;ard of Count;' Commissioners. I tt,t an atlt't~c'ttle t;fptO' platt mai~:tt'nance attd merit increases. If'[ttlt lite Cottltt~' ,-trim/at.strafer needs' to do L¥ itltt~'e 5'lire the division adminiatrat~Jr5, maua,q, ers, .Sltpervi.¥tJrs, etc. ail ttttderstantl the tlefilt/titltt of the various grath's. OJtttslandithk,, very .g,,m[. gotit[, etc.) t/ow l)ltlC'/l VOlt a~t'ttrff sotncolte ha.Yeti on that ix up to lite iudividttal maua,g, er. There are a wide var/cO' of circe,iota,cvs' that determitte the pert'enrage t/tat i¥ given atto etnpho'ee. I rate him sati~tctoo', pht.¥ in hZ¥ grasp t~ ti d~fic'ltll 5itllatioll. i4. Manages pc, siti'.c cmplo':'cr-cmpl,.)yee rciations within County government. tie has met tm' expectations. [ don't associate the current uttion drive as a reflection att the ~outtO' .4dmitti. s'lralor, tits initiative to do (itt organi:atioltal tffc'ctiv'ehess stttdv to find ways to itnprove on communications with employees and better manage our operations spealc¥ well of him in this area. Page 3 of 5 1. C C 15. The annual budget is presented in a timeIv manner and reflects a v,'cll-planr~cd. realistic and accurate financial plan. I don't have e/tou.'.,,h e.v/~t'ric'ttce m eva/t/ate on thi.¥ .st/hject. 16. Adrninist:-atior: ,',I' the bu.,l:~ct is rcsponsi', c to t!',c needs of thc This is ,Lv first experience with this process atut have/to co,tmettts at t/tis ti/ne. 17. D¢,,~o'"' ...... '*'~'"' t~.,,.' ' fiscal accotmtabilitv and el'ticicnt utilization This is/n3'fir.¥t e.vpcrience with t/tLs' proces.¥ attd have tie cot~tments at t/tis time. IS. I:..~=.:,.st.iD.. st'.ic _ ..... des indi'..ld,.zat< ar:d ~2rot:F's tc, v,'ard ~a,t- .... ,.~', ....... ,,.~ ,:shmcr~t in thc plat, airy.:, c.= .,.:, h,,,,~.,,, a:;,.: i:'~p!cmcntatitm of programs. ltis style Ls' dt'jbtitely different thatt hL~' predecessor. If ta~e.~ time for divLs'ion adntittistrators and staJf to get used to a new style atttl appreciate it'.¥ merit.s'. I recommended that he attend the center ~r leadership at Green,'hero or the Managerial Effectiveness Course to sharpen hi.s' style. I also reco,tmeud f/tat he devise a step-&v-s/eR proce.¥s with .s'tr~f to get them to under~tand the fleutJJt, s' partic'ipatoO' tmma,k,e,tent. Thin~'in,k, outside the ho.v, being creative, ,goin,g at takes time hc~;re ,t(lnn.ge,tent leo/tLs' believe tllis is goi/t~, to he, reMin'. I want see wh,t d~veloFs' in the next .six ntontlt.5'. I rate him satisfactoo'. ItL Dircctior~ for Di'.isi~2r~ ..:,dmini.',trat,)r.s i:., ima,='inative, positive ar:d related. I believe t/ti~' qtteYt/'o/t relates to tire previous qut'.stiot~ and I tlti/tl, we have work to do itt this area. To d~lte t'g [.s satt'.5~lc'tar3' and we have discttssed ~vavs improve. 20. Demor~strates and maintains a commitmc:~t to th:: dcvelop, r2'~cnt ,>1' relationships with local, st,:ltc and t;:dcral aucncies. ,,1 II indications t/re that he i.s' very well itt tune with the big, picture out. s'ide of Collier C'ounty attd how ~t'e can utilize re.s'ource.¥ at the state and federal level to as.s'i,s't tls' itt our goals and ohjective.$'. I rate him sat£s~tctory, plus. 2I. Crisis n:ar~ag, crnc?,t is c'.i,Jenced b',. ?r~;','..:'n and prude?,r judtjrnent:i in rnar'~,:njing unplanned I have'/to e. vl,~ericuce itt t/t[.¥ ar~'~. Page 4 of 5 22. Conflict mar:az:,ncnt is dcmtmstr?.ted bv the ability to modcr:,.te v,'idclv divcr,,cnt Earlt' ittdicttti, tt.~' are thal he is very receptive attd able to manaA, e wideA' diverj,,ent views i~tt. t'...¥ettsus, t[is chulK'~t,gc i.~' to apply those skill., ittto re.w;Ivin,k, his differc~wes with ittdivid, al ('o.m~i.~'.~itmers who are n.t plea.~ed with hi,~' perf. rmauce. I rule him sali~factt;O'. 23. Serves as a role mode! by thc demonstration oF essential profe%ional qualities and ethical bct-;avior. lie i~' a very et/tic'al i. dividual and maintain.i rite h~:,,he.s't profes.~ional standartZs'. tA' has thc /wrs,,a/ Ykill.s. attrihttte.¥ and qualities required f,r succes.sf, l' Ic'ader~'/ti? und he nec'ds to more a.s'¥c'rtivelv demonstrate thos'e at Board tneetiu.,4s' and with his divis'iott administrators. 3Ir. Fernatutez i.s' a participatoO' leader. This means /hat he uses a participatoO, use of Fo,'er iu to'in.g to achieve goalx and objectives verses autocratic leadership, where empho'ee.¥ nmy ft'el they are prmhtcin.g because th0' are required to not because thc, v ute motivated to do so. l~7~at 3tr. ['ernandez will need to ac/t/eve halation, where' ut times Itc will have t, be more dircctiotml u.s' the situatitm dic'tute.v. If 7tat I a,t I,,~in.k, Jbr is' ~t .¥tro~t.;, purticipatoO' leader~hip style. p,int 3Ir. l'-ermHtdcZ is .s'atLs~tctoO' iu tuy judgment. It i.s an areu thut dis'cuvved aim ] am hm~iu.g, for i/nprovemenL .-\nv ©ther It is u/tft;rttt/ttlle Iltrtt tt /te~t' Ct;mmi. s'.~'ioner is required to evaluate the Cou/tt.v Administrator after on/r s£v tnonth.s' t:vFerie/tc'e. It would be far better to have one year of a.s'.tociation prior to thi¥ process. Perhaps a contrac! amendtnent is in order to achieve Ihiv ,~oal. Keep in mind it gv pos'sihle itt election cycles that as many as three new Commi.~s'ioner.¥ will be confronted with this situation. Page 5 of 5 COUNTY AD,'IINISTRATOR'S EVALUATION 10C N A..".I E: ['h q~crt Fcr:'t::ndcz NAME OF E",':\I.U..VI'OR: Pamc!n S..',.12c'Kie Each Coi'nruissioncr is rc::,.'.::.:s;cd to co:xFicte t!',e c'.'a!uafio:'~ Io:-m ta...zu on his,'hcr assessment of thc Count':' Administrator. Your response to the criteria may kc clar{l'icd or expanded upon in the individual comment pan of each item. ]"fIE COUNT\' AD.',.IINISTRA'I'OR' Thc co:n2iai::ts [ have rcc:.'i'.'c~l ir: :his r="_u:rd indi,z:l:c th:ir [3ob ha~s nor sufficie:ulv rcsn,msi','c to tiff>rea rcque:;ts. [) Responds to tlx: B,;ard of County Commissioners ~n , prompt, t .... and appropriate manner. (individually,'as a .... u.oro.= ~. ~_s of Bob's rcsi, o::scs to thc Beard and to me individu:~lly sir, cz he docs not appc:!r to bc ,,veil-versed in thc issues. D- [..e..wonds to thc P '.x. lcdia ir', a,..""-,.,.,,"pt. ..... thorou'.z,h and ',-,~.'-,m,-;',,' [ have heard no complaints in this rc:ard. C Prepares comprehensive, relevant and complete agenda topics a::d reports Ibr thc Board of County Commissioners. Bob has improved the executive stxmnarics delivered ti) thc Board fi)r agenda items by modit"/ing the fiscal impact scct~,,n of thc report, requiring that protL'ssional recommendations bc made by st:iff xvhcn decisions arc required of thc Board. and by training staff in presentation of reports to thc [3oard. [ am satisfied with hi5 improvement in this area. C'+ Makes tbrthright and appropriate presentations and rccemmcndations to the Board of County Commissioners. 13ob is aware that this is my greatest concern regarding his perfbrmance. I am often concerned that [ am more familiar v.'ith the day-to-day workings of the count)' as they relate to public policvdccisions. [tis not unusual for him to be unfamiliar with the Pa"c I of 5 background rclafi:'c to an a,_,enda item or mat~er of public im?o:t. I bcli~.'vc tha~ cnm]t.:,h time has pas.sod for hint to have lhmi!!:,.rizcd hin:sclf more thc, Fo u.:}fiv ','.itl~ thc statute ~,I' (.-'t)lltriltliliCiltC:-; roll;thio int'ommti,~;: to thc ~ ,.,,' ' .... durin,..z, C'ernn'~ission mcctin,_'s. i.ike quc.'<iun i:umbcr ~'. fi:th re,et;e:' ih o:' great .nlt. r,n .... o~. 'Fids }ms not b,:o:q thc c:~sc 7. l~,xml of C,x::w.' C,m:n:i~sion,:r~ u':.! ~,, v, illi:,,,:nc:~:.: u> tc~':.':: F,.,r~-:m:::l ~:,~'.'.~h ami d:vcloFmCnt. 13ob's persarmi i .....: ' ' ' n,....:, ,t,.' is ab,.)vc rc?ro:,,ch, a::d this cllil."ilClCr',sllc OL:i'.~.Ci'..'hs shoncominzs in other areas. I have i1o com?iair:~s ab,out B,',k's ', ..... ' ....... · t,~ the et'the Board or to his personal arid pro&'s.si,,nal gro,.'4h commi:m::::=...\ [),,.'Illo ns iF3IC:i icadcr:;hip and ,.i:;i,::~ in Fi,:::::ir::-: ::.cc.i>: ,,:' l)i'.'ision:; and -,l',erh;' r:ecc.'-:s;lrv p,;)_,,,,,,.s' arld ac:i";';,"5 ;o" .... . .. "q,-i,.::]cv ' : observation that Bob lacks leadership and ,.ision and rosa:ad c,mc,.::~tratcs ,m rockinL_' thc boat. I ackno'.vlcd:e s,>mc ch:,,n..:c:; it: ar'..::r';x: :t>;' bt:.', had hogcd :hat b,fl' ,',,t'~d I:,v.e :dc:,.>; f,;r ~., ;J ,, ,, ',~ c','ticic::c'.' and eh'cc~i,.cnc:;5 l) [)CrllOr;:-:lr:!tc:; thc c !'f,;rts I am urlabie to judge this as i~ rc!au.'s ~,~ l),fi,'s <a!;' i't:: th~ v.'ihh hc could help develop )eerier cooperation among Board mc:uberh. ~..' I0. Periodic v,'ritten communications reports, nev.'slcttcrs, c:c.) arc informative. interesting and well received. Thc COL:ntv's ncv, msiettcr has grcutly ~mpro','cd. and thc .r:ut-!ic in/brmation office. especially ~hannel ~, ' is trcmendauslv imar,'.'cd. A 11. Emphasis is placed on utilizing all opportunities to commtmic:~te v,'ith tile public and mairttairfing open lines of comrrumicatior~. l'aLj'C 2 ut' 5 \Vhi!c P,,~h's !'" Is~ of pt~blic speaking ami attcr:dancc at public events manv community leaders have no rclatitmshit, with or co;mcctien to [3ob. Improve:horn warranted in ti:is area. B- l". F.r::~plt~L.'s hi:5:l', t:,.x:~liicd" proi'cssion:ll F,.,.,,', ",' ') 'I,,,.,..' ?;ck"z:s a::d :~:.:.sl,..'r:s' pro;:.'ssi~n:~l ;".crson:::.:l to a?.Tro:t'r{:::c ?osition.-. · t;.~,~.,,i,:' ' i:.h thc Bob is av,'are c,t .:::'. ,. ........... Mct~,?n ',,. ....... county: I have pt:: }:ir:: ir: o,::tact xvitt'~ FCOFIc ',:ho ,.,.'crc ,.:'iiling t,~ "g,> t~ubiic" v. ith their problems x.,.ithi:: his ad:,ninism:tion, vct f:o c{:ns::qtic:'~IiaI question, most of tire staff' ti:at Bob ini'~crited is outstanding: _.omc n:c:nbcrs are not. and Bob has not taken a?pro?riarc action, despite his av,'arcncss of fl'~:sc probit:ns. I)- 13. not substitutemv uneducatedjudgmcntlbrhisprotbssionaljudgmcm~nthisrczard. 'Ibc policies he proposed l;0r thc Board's ndoori,)n were an impro','c::~c:~t over prc,.'ious ones. [3- 14. an ini.!ivid'a:ll c,m~r::i,;'d,',ncr t,> interject t,,crself'hi::,,sc!f into s',all'ot:c:-utions. Iam to judL_:c ::irc:her ~)r not this ?robicm sma:ns from [h>i,,'s m?.r:agc:~:cm ,:r from dctcrmirxcd b'. [Bob. ('- 15. having been primarii?' thc rcsponsibilitx {~t' tl~c IHtcrim .x.I,ma~.'r a:~d also satisfactory). { am impressed v. ith tl~c interim reports on lt:c county's financial status and with thc range planning anticipating capital shortl'alls. [3 ;- 16. :\dLn. inistration or'flit budget is rc~,,p~m:iivc tt) Iht needs ol'thc ctmm]unit'.'. lam tma,.,,'arc al' problems in this rog:]rd. C 17. [),,:monstratcs fiscal ::ccountabilitv and efficient utili×ation of resources, I am unav.'arc of problems in this regard. C Page 3 of 5 IS. leaders!dF. .,',..,. I ind2:atc~i betbre. I ant no: mfin,,.'d h: this area and a:n v, ifii~:...:' t,', Icari~ more a~out consc::sus ~t::t:'.;:geFP,~:'~t al;d its ',':.tlt',c. [i is {',~',' ob.~cr','::t:,m. }:or, ever. it:at thc · ' ,1,.u .... c,,n=.'mJ Jack a sl;'on,z leader. D cases theirx~<-,:~' "is ace.z:'::'.':" a::,i eve:: out:;andin2, but x,.t:c:c :hc:c ..... .,.., ,..:.:,~t,.s DroNe',n:: they remain unaddrcssed. I) 20. ,,,.it!: i,',::1, sta:e "" ~ f.zdc:'al .:¢..,..,.~', ...... "t Crisis:,,.aa_t:-", .......... ...... It.;' e'.id,.:::ccd b'. prt>,,'e:~ '.md prudent .iuJ'_-'mc::t:: ii: man:.l,_,i::,.:. NI'. cfl, scr,.'ation ,,t t3ob's cris~s mamv_,c:'nc:'~t abilitlcs lcla:c to t,.x,~ type:-; ,'; .... 1t; ~',< [')th"i!~'.2 1:.15[ '.C',h"'5 hL~FT',C;H:'J 5C:.:.'4, t);~ II'lC clll,,.':"ze',:c', t ,. 1,! ..... u it lc;IH: in thc g<>sit:or: <)i' t::::king d,.:cisi,ms that arc ii: no v, av related It) o>tz::t'.-'.,.idc ?el:tv should l:avc he:.::'~ hand!o'2 bv the stz:fl'. ..\ similar problcm ex:sits ,,,,itl: rc',e'a,'-d to 800mhz radiu s','stc:n and the n,.:cd lbr }::~::,.ts on manage:nc::: to dc!i'.cr a s:ltislhcl,,r.'. settlement ,>t a dispute a::'.,)rv..: thc ut;ers-; of the 'x ..... '~ am.l its ?ur',cx,)rs. [h>b should conti~:ue to IL't;rcr. 'l i:c:'c may bc other c:,::::ni:,lcs t)I' this pr,)blczn of v.'h(ch I am this ct)ntt:butt:; si,.2nilicantl:.' to mv ,,vorrv tI~::t :,.'c nccd str{mgc: 1..:::dcr:ihip at thc helm. I)- ")3 C.'or~fiict managc:::cnt is dcmonstr:::cd I;v tl:c ab:l/fy t,) l:lodcrate ,.vidclv divergent vi%vs into consensus. This may workatthc staff lex'd: I tit} nt~tknow. It ise×trcmely challenging at the Board level. \Vhilc it is most likclv impossible to get this Board to unanimously agree on issues when its personalities arc st) divergent, developing a consensus and reasonable working rc!a:i~)r:ship is an iml:~)rtantaspcctofl?,ob'sj{)b, t tccouldciobetter Pa:.:',: 4 Of 5 lOC 3'; lca,.icrsi~ip. ' ' Icad this count:.'. .Mv c~;r~..:~.'rn ~:o,.v is v,t:~hcr him apprchc:'~si'.'¢ at:out us;::,__, Ills skills i:'~ _ ' ' ;md pcrsor,:,,i jud,.:n;c::t d!r~'c:s. KecFI:~~ ti:re: ', ............. -""-' ..... ch:!r.nclcristic ,,'.'itl:,.,.,':,.,';' I h:i'.'e thc cra,. o:: conc~':-n D P;I._,,: 5 o1' 5 COUNTY ,.\I)MINISTRATOR'S E~,'ALUAq'I()N l(" N.-",.". I E: Robert Fcrnande× N.-:.M:~ OF t: ', :,,LI_ :.. [ )P.' '['in;,xh'.' J (',:n.<:x:::ir:c Each C,;m.-:;!ssic~:c: is rcq'.:'csteJ t,; com?',c:z :!:..: c'.::2':.x:,::: :'::::: k.::2 ,.:: l:~s '::.:: ~ses.;;7..,,:-.: c. ftkc County. ::,dministratcr. cx,",an&:~,, u;,',.n. ~n' tke individual cu,,'t,.,,z.,, THE COI.'N'['~' .,',.DLI [:,'15'T P,..VI'()R: 5Ir. Fernandez seems to be ;eh' difficult to get in touch .ith. I have had several reports from members of lhe public, members of community associations ~ho indicate that -bite the,.' can get a hold of individuals v,'itbin his office, seldom can thev reach him. Ironically, ! find this same prol~lcm occurs when I t~' to reach him in his office. a.::propriate n;:mm:r, l individuaJlv'as a On last year's evaluation, l rated 3Ir. Fernandezve~'l,m'on this. I pointed out that he ;;as sl,~ in responding to specific requests from my office and at times, did not respond at all without repeated requests. L'nfl)rtunately, this trend bas continued and again, he receives a poor grade from me on this one. Getting information via the County Administrator's office is more difficult now than it bas ever been in the 6 ~4 vc:~rs I have spent on thc Commissi,n. 3. [%?ond'.; to thc Pre:s:-:/Nledia in a prempt, thorauz!: and a?Fropriate manner. I have had complaints from thc metli:~ that bit. Fernandez fails to return telephone calls in a timely manner, sometimes not at all. Page I of 5 10 Prepares comprehensive, relevant and complete agenda topics and reF, o:'ts for thc }Board of C_ountv (.'ommissioI~crs. Unfortun:~tely, lie ngain receives a poor grade. 5Ir. Fernandez often has incomplete information, has been criticized by several Commission members for not including adequate informati~ln in the agenda packet nnd flit bein.,.z unprepared tn discuss items '~vhen questions arise during a Tuesday meeting. Count;' Corem issSc,,'q, ers. Poor. Again, lie often seems ill-prepared, frequently seems defen.sive and has not ahvavs been completely straightfon','ard with the Board. Com,municate5 reliable in£or';nation dz.'in'z Con:mission me:2tim2s. the Board of Ceuntv 5Ir. Fernandez gets an unaccep~:~t)le rating in this are:~, tlc is often ill- informed, cannot answer questions on agenda items, even those th:It he has brought fi~r~vard himself. \'~'hether i~ is a human resource issue, sales data or other issues provided durin,, Commission meetings, it often turns ~u~ to be inaccurate and has ~o be corrected in a future forum. Demonstrate:; grot'essi er:al intc,zritv, p. commitment to goais and objc:z:ivcs o~' tSc Beard et' Cou:w.' Cert:rnissioncrs and a ',~'l~ingne~s to seek Fcrzona! ~rowth an,2 de'.'elop~cnt. While I do not question ~lr. Fernandez' personal inte:zrit?', his c~mmitmcnt to the ~nals and objectives of thc Board ofC~unrv C~mmissioncrs certainl', is in question. Recently, lie issued a ,nem~>randum to go fon,,ard v,'ith a new ESIS Divisir~n, a bureaucracy, despite the apparent majority of the months n,,~ ~. not supporting this direction. When he said that although we did not support this majority of thc Board had supported it ~ne year a makin,, clear his intention fifth division of County Board, as recently as a fo~ I inquired as tr~ the reason. direction in November a go. lie further said ~hat a~ no time since then had tllepolicv"f,~rmallv"heen changed. It seemsa better ~a',' may have been lo bring it up at :l Commission meeting and seek direction at this point on the Board's preferred policy. P Page 2 of 5 10. It. I2. 13. Demonstrates leadership and vision: in planning needs of Divi:;ions and imp, lc:neats er 2ltc,"s ~':cccs~r':' ' _""' ' p,o ..... u~ and activitie:; to increase efficiency and e:iectr,'cncss. In last ,,'ear's report. I talked ahout his leadership skills and how he utilized them or failed in that endeavor. Unfortunately, the situation has only ?tten ~orse. I.eadership is not a strength of.Xlr. Fernandez. thc '"" - No. See number 8. ne',vslcttcrs, e:c.) arc ,.:h)n, .... t... Communications has been a weak point for 31r. [:ernandez. Emahazis is Fiace~! c:: utiiiz!r:., all o:-.,'mrv~;nides to cer:::v,u;:ic:::~' .'.iff' thc gdt;it and mainmir, in,z or. er. lin.,:':; cf communication. The Board policy in regard to Ch:~nncl 54. press releases and so on. has certainly improved our ab;lit,' to communicate ~ith the public, bit. Fernandez makes an effort to appear at local community events. Mm'ever. these seem to be courtesy visi£s rather than ones with an?' great amount of substance. Collier County is blessed ~ith excellent employees. ()ur nmnagcment tc:~,nl is talented and hard~vorkin,4. Recommends the allocation of salary and benefits ir: a manner that me:.'ts the s:ated objectives oftke Board of'County Commissioners. No. Recently it carrie to light that 5Ir. Fernandez alhmed every department to assign different percentage increases for different ratings. In other words, if you v,'orked in his department anti received a good rating, the third highest rating, you could still receive as much or more than sonde who received an exe~lent rating in other departments. This lack of consistency throughout the Count?.' is certain to damage employee morale and further, it seems as though it may not be consistent with the direction of tide Board of Count3.' Commissioners flDr merit increases during the past fiscal year. Page 3 of 5 10 15. 16. 18. Manages p~sitb,'¢ employer-emplo)o:.rdations within I think the fuct that fl~r the first time in over fifteen years there is n uniun threat den]onstr:]tes th:it 3Ir. l:ern:tndcz has not been effective in cn]phg-cr- employee relations. Tine annual t.t ..... is prcse:~ted ia a ti:nolv n~a:',r'.er and re:!ects :: ',=.c![-F, ia:;r, cfi. re:,.listic and accurat.,: ::.nancial ph:n. I have no complaints about the overall m:~nner irs which the arlnual budget is presented. .-",altair, is:rat!on of' t};e budz..:: is r',.'::~::,:i'.'c :o '~:,' ~,e~:t!s cf the I have no complaints :~lmut the oxcrall manner in ',,. hich thc :.lrlrltl:ll I>udaet is presented. [ don't bclic',e 5Ir. Fernandez is nearly ns account:~ble as one ~ould like see in a conser-V:ltiVe corI1Fi'IUFI[tV. No. Ills leadership style seems to be one of ~vait, watch, see x~hat happens and respond, lie demonstratesve~ little in the~a,,'ofpr,mctivcmcasurc.s. D~r,.:c:ier: ,,:r Di'. .......... ' groblc:z-,:,~i', ira.: rc!a:cd. Again. i reference his leadership st~ It' and lack thereof. De:'nons~rates and maintains with local, suite and federal agencies. One would expect s~meone with nearly 20 .vcars of top administrative experience in county government t,~ have a far better hep, york, stnl:ev,'ide, v, ith state and federal agencies. Page 4 of 5 lCc 21. Crisis management is evidenced by proven and prude:',; judgments irt mar~agin.g unplanned events. L'nfl)rtunately, his grading (irt this question has declined in the pasl .',ear. It is not uncomm~)n that when an unplanncd event occurs. 5Ir. Fcrnandez fails to repor! it to lhe Commissi,)n. The first we know atmut it is when a repot:er calls and asks or ~hen we read about it in the morning newspaper. Recently, we were given infl~rmation that the South County Server Plant closed and was off-line. As it turned out this information was incorrect. I have serious questions about his ability to gather accurate informati,n and distribute it to the Board in times of crisis. Conflict m,,,a~'-' :.,,"-~e,.~.,' is de:'nons;rate.! bv thc avti:p," "' to r:.:,?.dcra:e x,.'idc!v diverz,_'::t P, cference leadership comments. ethical kehavior. I have no reason to question 51r. Fernandez' ethics. I think lie is a decent man: ho~vever. I don't believe lie has the leadership qualities necessary' to lead a gro~in.2 c~lmmunitv of 21)0.f)lll) people ~ith an annu:~l I)ud.'.2, ct of ~4llt) million. N',). t'eriod. Anv Other Comments: 31v most recent disappointment ~as when I received a memorandum from Nlr. l:crnandcz informing us of what the County's response and procedures would I)c for thc proposed unionization of a gtc:it number of our cmployce.s. It seems fairly clear that Coulqt)' policy should be set by the Board of County Commissioners and carried out by thc Administrator. l.'nfortunately, this was not done in this instance. It is not merely an employee issue. It is a policy issue and one which clearly falls under the responsibility of the Board. It is unfortunate, but I believe, after 2 )'ears on the job and no demonstrated increase in his ar.cas of weakness, perhaps it is time for blr. Fernandez to seek other employment, tleisa gentleman and heisa nice man. tlowever, hedoes not nppear equal to the task of building this blue chip community to where we have grown to expect a quality of life above those in anvothercommunitv. I luok for~vard to discussing this most serious matter with the Board of County Commissioners. Page 5 of 5 1 2 B 1 To: Clerk .'.o the [:o~to: Pi,.'J.;~' l.l~ce the /XXX7./ Normal I.eq,'*l f~lv0.:" is,.me:~ I I (Display Adv., location, et,:. ~ Originating D,:pt/Dlv: C,:,:',,.l:ev.S,,,v./Cu: r,.nt ['ia,:r,l.,.~ per~o. Charam Badamtchian .~-.t e: 4/14/99 Petition IPo. Ill nor:,.,, ............................................... Petitioner: (Name t 4ddre~.';}: ,~..o_,.':~.,'_rd~y...,..?u_r.~, [,rse A~.nOCiatez, Inc., 4450 b¢.r,l"_a Ftea~:h Rd, Ur it 9 (IF rare space n0eded, a'-tac~/a-"i.a~at~. :~:,,.,~t~ .................. Nearing before: / .... /~t~CC /_/'-! ~:':, / or lega'.i¥' req'~l:,.: /'--..1; / .' ~'h,.:. ............................................................................................... to "C-3" for a Walgreor, s~z~___t-r: ..... · t''_fz"r' .... / _1 :,.:at ~.d ,,t tho *:.:,u~hwest corner ~f e.R.. 951 ar, d Golden Gat0 Park~ay.t Col 1 let Count./, Flor~d_LL~f.r.z~L~l,.2 Companion petltlonls), for advertlsir,O cant.t: i;;il;:;';;: ............................. : ..... '~ ............................................................... ''''''"*'"'''''''''''''' ........................ A. ~Or heafih,~2 .................. befoI<, necessary 1 ega~_.12,LL?w, to Cle:'k'2 Of fl =,. -- copy for file. Date Recelve'~- ~/,:l~"/ff ~),' ,' A,~','~-r~ 1 s,.~l Dire of P.H. ' ................ 12B I PAM' PERRELL ~:. NAPI FS FlAil Y NFUq 7'74-8406 April 19, 1999 Ms. Pam Perreil Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: R-99-3 Requesting a rezone from "GC" Golf Course to "C-3" for a Walgreens Dear Pam: Please advertise the above referenced notice one time on Sunday, May 9, 1999 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Lisa Steele, Deputy Clerk Purchase No. I!~-1~83i2-649110 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY~ MAY 25_L1999 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center. 3301 East Tamiami 'frail, Naples, Florida, the Board of County Commissioners w{ll consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: A3.; ORDINANCE AMENDING ORDiNAl{CE NUMBER 91-!02, THE COLLIER COUNTY LA/4D DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS ~'J~P NUMBER 9627N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED AT THE SOUTHWEST CORNER OF C.R. 951 AND GOLDEN GATE PARKWAY IN SECTION 22, TOWNSHIP 49 SOUTH, RAt,JGE 27 EAST, COLLIER COUNTY, FLORIDA, FROM "GC" GOLF COURSE TO "C-]" PROVIDING FOR STAFF AND PLANNING COMMISSION STIPLUATiOiJS AND BY PROViDiNG ~1: EFFECTIVE DATE. Petition No. R-99-03, Geoffrey G Purse of Purse Associates, Inc., representing the Golden Gate Inn and Country Club, requesting a rezone from "GC" Golf Course to "C-3" for a Walgreens for property located at the southwest corner of C.R. 951 and Golden Gate Parkway, further described as tract A, Block 1, Golden Gate Unit i, in Section 22, Township 49 South, Range 27 East, Collier County, Florida, consisting of 1.87_+ acres. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. Ail 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 50 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 ~roup is encouraged, if recognized by the Chairman, a spokesperson for a group or organization may be a!!ctted 10 minutes to speak cn an i~em. Persons wishing to have written or graphic materials included i~ 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. Ail material used in presentations before the Board will become a permanent part of ~he record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, map' need to ensure that a verbatim record of the proceedings is made, which 12B I record includes :he :es~imony and evidence u~on which r_he appeal based. BOARD OF COUNTY COMMISSIONERS COLLIER COUI~TY, FLORIDA PAMELA S. MAC'?{IE, CHAIR'NOMAN DWIGHT E. BROCK, CLERK By: /s/Lisa SEeele, Deput}' Clerk (SEAL) 12B 1 April 16, 1999 Geoffrey G. Purse Purse Associates, Inc. 4450 Bonita Beach Rd. Unit 9 Bonita Springs, FL 34134 Public Hearing to Consider Petition R-99-03 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 25, 1999 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, May 9, 1999. You are invited to aLtend this public hearing. Sincerely, Lisa Steele, Deputy Clerk Enclosure April 16, 1999 Golden Gate Inn and Country Club 4100 Golden Gate Pkwy Naples, FL 34134 Public Hearing to Consider Petition R-99-03 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 25, 1999 as indicated on the enclosed notice, lhe iegal notice pertaining to this petition will be published in the Naples Daily News on Sunday, May 9, 1999. You are invited to attend this public hearing. Sincerely, Lisa Steele, Deputy Clerk Enclosure AN ~i~i~IN..\NCi' A,MENI)I'<~i ~;RI~INANCT ,N'I~Mi',EP, q~-U~?, 'HIF. ~ ¢>I I IF.U. ('(:I:N'l Y IANI~ DF. VEI.OPMi~N'~ ESTA~H.ISIiED 'I tiE C()MPRi!IIFNSIVE ZONING Rf(}UI.A'IION5 FOR TIlE UNINCORPORATEI) AREA FI.~II~IDA, IW AMENDING IllE OFFICIAL ZO~qiNG A'II.AS MAP NI~MBER 90]~N BY CHANGING ]tie ZONIN'G CIASSI}ICA] Y~I;T}i'A'FS'I ~ORNEROF ('.R 9}~ AND G~H DEN GATEI'ARKV,'AY (~['NIY. I[()RIDA. FROM "(~f ' GOI S[U'I '1 ,.'~ll(~Sb. ANI~IVC I'R~}'CJi~J~t~..~N I]~':.,',;ml~ cJas~fl:'a:l-r: .ftht' r~'a[ propt'rv:' a, r:',r,rc TzrIicu!arl> dc,cr;?,cd b7 I'*.hlbl= ".V', a:tachc2 and m.:,,rp,:ralcd b': rc{ler'-'llc¢ }lcrgH1. all, I ]I:,~.IP.''~. in Sc~'ti~n 22. ].'.'.:lql:p ~') South. V.;m,._'c 27 tasl, from "(}~" (h,'.l I'm:rs¢ I~, "('-3" :md li';e ~)ll]cla] 7~mm~! ..'iii,l..Map am¢lldct[ ti,s ...... day ~d . , 19'!'1 I~, %RI) C)}: t'OL'N'I Y (_'OMMISSI~ ('~ ,i I [ER ('(HJNIY, FI.()Rll ..'. 'l 'l IiSi I)'J,'IGtl I' !: p, ill ,~ '.K. ( I [EK API'ROVhD ,,'.,S 'IO FORM ANI) I.EG..'..L SL'FI'ICiI(N( Y ................. MARJORIE M. S'FUDEN'~ ASSISTANT COUNTY ATI'ORNhY f/R-O';-03 RE ZONE OP, DINANCF. 12B I NAPLES DALLY NEWS Pubhshcd Daily Naples, FL Affidavit of Publication State of Florida County of Collier Bcfor¢ Lhe undersigned Ihe.', sc~'e as thc aulhorsty, per.nail.', appeaJ'ed B Lamb s~l~o on oalh says thai they ser%,¢ as Ibc Aj._sjAan!_CorR._S~.e>~..rc.ta~r2 of Ihc Naples Dail), a daily newspaper published al Naples. in Colli.:r Counly. FIor:d~a. thai the atlached copy of Ihe adverlish.g, beil'~g a In the nhatter of NOIIC?. OF' INTEN'I · ,,,as published m smd nc~spapcr I rune m Iht ~suc s3arling on o5,~t9/99 and ending on i ~ignamre of affiaml Su, orn 3o and subscribed before mc ~his IOIh da>of Ma~. 1999 (S ga3 ure..e,f nclan pubhc} ./ .' .:'. .. ..... i',, i:"; , :': '517': ,,,;--"¢"" Per ~onall.', koo~gn X Produced idenllficallor! ......... 'r>p¢ of Iderllll-~:;lllOll I'iothlccd Aornlnl's~r ~mn NANCE NUMBER COUNTY LANO T~ Z~ING COR~'R OF C~. 9~1 A~ G~N GATE COUNTYt FLORIDA FROM ' GC" GOLF COU~3E TO "C-3" pROVIDING FO~ [] Normal legal Adscrliscmcnt (Display Ads'. l(x:;Hion, clc ) [] Other ] Originalmg l)cpL' Di,. Counl:. ,\ltornc; Person [)axid C \\'c~gcl. Coumv A. Ilornc> [)ale' Pctmon .',;o Ill none. l..t',i~.c bncf dcscrlpl~on~ Pcmioncr INamc&.,\dd~css~ Name & :\ddt'ess ~,f ;m.'. pcmoms~ ~,) bc nuld-~cd b'. ('lcrk's t)lli,.c Iff iIIOfC v.p:lCC IS Ilec~.lCl]. ;d;.lch wp. Il;lie :,hccll }tearing before x B{'C 13/...\ P,¢qucslcd i{carm~ dale {iLiscd on ad,.ci'tlscu/cni ;l$);~C;Itllll_'. II~ al.r,', !',,ch~lc hc;Irln~.! ) ~,,'5 ' ') Nc'aspapcr(s) Io bc used ICmuplc~c olll? 11' l:npoil;ull) [] Naples Dml.~ Ncxgs ~ O~lJcr Propped Text: (Include legal dcscr~pnon & common Itxzat~on ,~ Swc An Ordinance of Collier Cmml>. Florida Csl;Rfl~slnug maxnnum loxsing fees for nonKonscnt {o~ II1u and dlrcclly rd:ned [mn-zonscnl smraFc or l()x~ct] k chicles: proxidiuk: for o.nflicl and ~xcrabilib'. prox~ding for inclus,m ~nlo Iht C,~dc o[' [,:r,~s and f.udl~:.lnCZS, proxldmg a specm; cffczlixe date COlllpalllOll ~,CIIllOlllSL if;ltv, (~ proposed hc;~rmF dale Docs Pctmon Fcc illcludc (lll)51 c)-/)4') %M {f ','c',. v.};:ll accuunI sim iI,,t tlc ¢]~:lr,k.'cd RcxlC',scd b? ,4 , I)I~ ision tlc;Id ,,\ i:prox col --__4--- ZT_F_ J_ .......................................... D;llC ('Olllll~ ~ ' ' [);tl u' [ ,1 '*,I ,NIl;lC IllllClll~, ( IJl?I'bIIIII"IION I',.gFlll'('l'l{)\~, Forhcurinllsl)efurc BCCur BT..'*,: luili;ilin~l)cr',on [.CUml)lc~.c,mcc.*, and.hLdn l)ixi,.hm ilcad:H)l)ru'.albcfurc ~ul)mitlinll I() County M;m:iller. N,Ic: If le2al th)cumcnt bi in~,ls.e(I, bc ~urc that any ]lcccs~:lr.s Ic'?;d re,icy,. ,r request fur ,same. is sul)n]iltcd I. (' u ~t.s ..Ntl.rnc.'. I)cf. re nuhiniMinll h) (' u ~t? Mann~cr. 'l'hc ,Marl:l~t'r'~ ()ffic¢ *,sill di,dril)ute copies: [] C'ounly Marmgcr a~enda file: to Clerk's Office ~-~ ReqtJe',tin~ l)i~ id.n ~_~Fq ()ri:inal E, OIher hearings Initialing I)i',isior. he:id FOR CLERK'S OFFICE USE ONLY: cL-t ~..~,m lc.(.., .. -~ ' Date P,¢cciscdCLi~/]~c-5', l)atc of P,,blic he:mn: ~ ~-- 1 '~'0= PAM PERRELL '/74-8408 1.2e ] May i0, 1999 Ms. Pam Perreli Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Ordinance of Collier County establishing maximum towing fees Dear Pam: Please advertise the above referenced notice one time on Friday~ May 14, 1999, and kindly send the Affidavit of Publication, duplicate, together with charges involved to this office. Thank you. Sincerely, Lisa Steele, Deputy e-.. Purchase No. 00i 0i0~i0-649100 INTENT TO CON$iBER Op.~_l._::,3[}!.q:il Notice is '~--~;-v :-,'~, %haT cn TUESDAY~ MAY 25~1999 in the Boardroom, ltd Fioo:, Administration Building, Collier County Government .... ~.er 33 ! Eas~ Tam;ami Trail of Cou .... n~--i, ssisn .... s v.' . ..... O~ nan AN ORDi[[ANCE OF COLLIER C:9U~:i'f, FLORIDA, ESiAE~LiS.:{i::(} X/,)i[XUi,! TO',';i~:G FEES FOR }:O:~-CONSENi TOWING AND DiREC{Z'f }-ELA'iRD i~O~i-C'):~SK};i~ STOPi~GE OF TOWED VEHICLES; PROVIDING FOR CONFLICT ANb SE'JERAB~LTi. PROViD!~G FOR iNCLUSiON iNTO THE CODE OF LAWS Al;i} OPibliiA:iCES; PROViDiNG A SPECiAl, EFFECTIVE DATE. Copies of -he sroncsed Ordinance are .... ilo ',.'~!: the Board and are avaiiahie ;or insnection. Ail : .... ~.-~-q'~.d NOTE: Al'. ~so-q -.'{ s'--i.'-.q lc sseak .... .~:r.' au~-.:::.!a ;,..;:..: .... ..~ :,}gl with ~he Couxl)' adm~nisKra~or ~.9. K ~o presentation ~.f ~he acjenda Lo be addresses' .... '---~ividual.~ speakers will be ~imi~ed '-o~ 5 minuhe~; on any item. The selection of an individual to speak on behalf of an organization or group is encouraced. If recognized bv the Chairman, spokesperson :or a group. 3r organization may he aiio~ted l0 minu~es t speak on an .~ Ehe Board au~nde ~,~">~ts mus~ subm[~ sa''~ mat~'isl a r, inimum of % prior Zc ~he respeu/ive public hearing. ,n anv case writ ...... / , . in~ended ~o he sonsitered by ~he Board shall be submiz~ed Zo the . _ou .... minimum of seven da'/s srio- -o the mublic appropriate ~ ~'1' star~ a . . - ~ hearing. Ail material used in presentations before the Board will become a permanent part of the record. Any person '.vno d~c:des _o appea~ a de_lo ..... the Boarc; '..,'i~l nco a record of the proceedings pertaining thereto and there[ore, may ~o ensure thau a verbatim record of the :~!oceedings is made, whict; - ','~ ~' ~-h~~ apo~-~a! i -: based. BOARD OF COUNTY COMMiSSiO::ERS COLLIER COb7,ITY. FLORIDA P~J4ELA S. MAC'KiE. CHAIR:':OMAN DWIGHT F. BROCK, CLERK Bi': /s/":,isa ( SEAL } ()I*,I)INAN(iE N(). 99 - :\N ()RI)IN:\N('I'~ ()F ('()l,l,ll".l.t ('()t~NTY, I"l,()l.tll),.'~, I'L"i'I',\I.II,ISIIIN(; .\l..\Xl.~lt'.Xl T()\VIN(; I"EE."4 N()N-(i()N,";ENT T()\VIN(; ANI) I)IRE(TFI,'~' I~,I'~I,:VI'EI) N()N-('f)NSI'~NT .'<,'I'()IG\(;I'~ ()F T()\VEI) VEIII('I.I'7';: I'P,()VIi)IN(; F()R (iONFI,I(71' AND SEVEIb\I~,II,ITV: I'I~t()Vil)IN(~ Ff)R INCI,ti.";,I()N INTO TIlE (~()1)1", ()I: I,..\\VS ..\NI) ()RI)IN:\N('I'L"4: I'R()VII)IN(; :\ SI'I{('I,\I, I,:FFE(TFI VI'~ I)..\TI~. \VIII:,t.tEA.%. tFlX'clive (Icml~cr I. lO'iX. Ibc Fh,'ida lc~i,lmurc and sl~r;luc' o1' wrecked ~r disahlcd vchiclcx, in Ibc cvcnt thc ~,wncr consent I(> lhc rcmnv:d ot'thc xcJHclc": \VIII':I~,[':..\.',;. (',dlicr ('l~tllllv t,pcl'alCh a \Vr,:¢kcr ()pcr;lhH' Sv>;IclH :IS (]CJillCl. J il/ SttbSCCll(Ul tl J~ I ~I'ScCIJ~'.I1 J.t)). ].'/ru'/(/u ."','l(Ifllll", N()\V. TIII.~I~II'~i:()I~Ir., I',E IT ()I~II)..\INI{I) BY Till.: lJ()..\P,I) ()1.' ¢'()I'NTV f'()'qM I.",;.%IONI.~IL"; ()F ('¢)I,I,II.]R ('()I'NTY, I:I,()RII)A. lhaI: SI.~("I'I()N ()NI{: TITI.i:.. {'h~, r)rdin;mcc is cnlillc~l Ibc "( ',,{IJcr ¢ 'l)tlll(', Xhxxitmmrlx Fcc*; I~)r N,ul- ('()11'-;CIl1 'J (P,'. lilt_' ;llltJ ~II/I'~ILJC II[' VC]liL"~C', ()FtJlI'HITiCC" .%i':("I'I{)N T\V(): I)EFINITI()N.*;. ()rdc[': rlxt I1Cr OF C(~-(~k,. IICI i){' Tile VC{liCIc. ,){1CFiIhH' ~J' Ibc vehicle, h;,ilcc ,,t' Thc ";IIIIIHH'izcI{ WI'CCkCI' 0jll.'rlllOr" lilt:ills :l \Vl'Cckcr opcr;it()r wh,~ is [Jlcil 1.?n 1 disabled vehicle (including. ,'hc,~ nl~plicablc. Iht l)ivisu~n of Florid:t l liBhway Palrol). and thc respective lowinB is aullmrizcd by a law cnibrccmc~n of liter. "di~ahle(l" means a vehicle lh:n c;mnnl bc moved hv ils mvn prover because thc lq~}'sical conditi~n nf thc Imv0d kC}liCit (including Ii',m~ n~m-lmc). law or ;t privalc rule. "inc:ll)aril:llcd" me.;ms each person who is then physically (,r legally tmahlc to drive lilt lllWCd vehicle al lJl:ll lime because hi' lJl;ll pCl'Snll'S l~hysica) condition, including sickness, mlury, being nndcr file inllucncc o1' alcolufl ~ controlled <uhsnmcc. being tinder arrest, hcing detained, rcvJ)calion ,,r "hl",v cnl'r)rcemt'rll ol'llcc)"' mc;m,.; cvcrv of'ricer (fl~ll nr p:~rl-lilm:);~ lhcn ,.l,.:lSr~cd by !bdcnli !ay. :(,r h,,' /"!,,'Mu .t;nuun'. lncJlMing stll;sccli(,n II 2.5 '~1(1 >. anv subsccti(m ~)t'31h l()()flil*(d)(l) - ~3)inclusi','c: c,r suhsccll(m q.13.tO(I ). Iff) or ( P, ). "private i)rol)crly" illC;lllS all t:mgihlc i~ropcrl5' n()l n',%ncd hv. Icaxc,I similarlv conlrollcd bv ii gc)vcmn'~cnhl] t.')llll",', including pri',';llc 12C i "v,'rccJ<ed" lllC,'lrlS ;I ".'cJlicJc th[ii Gmnol hc driven ;l',.'..'Hv l'i'o111 ils SI.2(TI'I().N TIIRI{I.2 .\PI'I,I(2.VI'i()N {)F This ()rdirmncc apl~lics m all gcogral'dfic;tJ :~rc:t.~ in ('oilier ('ounly lo Iht gr¢~tlcs! cxR'll[ flOW iH' Jlcr¢rlJ'Icr .ntlIJl¢',ri×¢(] hv Iw¢,'. '['JlJs ()r(JJn~mcc (Joes ;tLllJl¢'~rl?c l~B~.lng. This ()rdJll3ncc (1oc.~ iml grnl'lt :.recess In :lny i'~r()pcrly. 'l'hi~ ()rdHliHlcc :lppJics t)lll'v Il) Io\VJllg rilles ~lll(] slorngc F:IICS J't}r II(H1-CIH1SCIll 3. '1~) such I'ccs or r;~lcs lhcn csl;~i~lishcd in ;tcc~rclancc wilh ;~ v, rillcn :~urccmcnl hctwccn Ibc h~win~ comp;m)' :md Iht ~hcril'l's A~,.cncy ~H- ili]v ~dhcr ~twcrm~lcnl:tl c'nliiv. ~n' hclwccn Ibc lokvin~ co111p;111)' illld ;my intc'rq;~lc cntilv kvJmsc :mlhnr'izcd ;icuv~tics include tnwint: vehicles l"' ] dcI'~lt~t! ~.Icl~.':f~tcs t!~c I')roctJren'~¢nL ;ind s~iecli~)n o~' tl~c ;~II~(~.rizcd wrccI<cr (}i)zr,,~t(~t' !() ~ lax,,' eTli'~rCenlc'nl ol'l~ccr x,,'l~(') i~ ;~1. tile acci¢]~:B'll - l,~ r;llcs cslalMishc{l pri{~r l{, thc cl'I'cclivc tl;{tc ~l' his SI.:(:TION ]:()l:l,l: XI..\XIS]iJX{ I,I..\TIC.$ I:Ol,l 'I'()WIN(;. I.imilc(.t I~* Ibc s[>ccitic Iowir'~g ~}pcr:llit~I~ :lnri,~)r sti,r:tgc: this 'l'his ()rdinrtncc <tr~cs not limit l,ass-thr(~ug}~ of :~T~y t~c or charge inct~rrcd ;~clu;~!lx' }~;~ict 1~' t)~c ~(axx'ir~5 cr~ml~;~n? f'r~r sera'icc(s) Ikr~T~ Ibc Sl~cril'l's .A~CI1C}' storage, this Or(linz~cc tl~cs n(~t :~I'l~ct ;lily Ilion existing rights {~t' thc comp:~ny tt~ rccr~x'cr l'r(~m ;x~x' Dcrson ~r cntit? :~ll cr~sts :~clt~:~lly }):~i(t ~'~' t}~c [~,,\.% l! I~./\'I'l!: Xll l.{(.,\¢;l: I{.-\'l'I:: .%1 .¢~0 I.'()I~, l:..\('ll I {..x.[.{:-,lll.li. It()l :l~,l.¥ I~,.,\'I'I!: $ t (,.l}¢~ FOI~, l!..\('l I ()l..\I~,'I'I!l~, Il. I',..\."41! i~,.,Vl'[,: ~,12~.0() M!l,I;..\(;fi RA'I it: $I..~,{I F()P, E.\('li ItAI.I:-MII.t'L l t(3'~ 'RI.X,. R..VI'I{: ?;21.0{) FOR [L.\CIt OU,,\RTF. R I lOiJP,. P,A.%I'2 I~,:VI'I'2: $1 ~5.00 klll.liA(}l'~ RATIi: $2.25 FOR I'2A('II ilAI.F-MII.I'2. t I()[iP, I.Y P, ATI!: $32.(}0 F(}R I~,.\('ll OIJ,,\P, TI:.P, I I()I IX.'. !1 :L,_X\" 'f E(2I~IL-X,-\2I!LEL-L)-I-LL.~-21-Ly-'''21LE-CKF,IX: B.,\SI.: RATIi: $225.00 MII.I!.,\GIi I{:\TF,: $2,75 FOR F. ACI I I IALF-MILIr!. l lOl JP, I.Y RA'['I'2:$38.50 FOR F!ACII QIJARTER I[OIJP,. L£X_~",~'DOI, L '[]U~LI.~: {P,¢)l,l, BA('K i')p, I)R¢~I' P,,\{'K '1RAII.I.,R ¢)R I'RII¢'K} BA.~[i R..\TIi: $150.0O MII.IiA( ;I! t~..V['Ii: T~2.5(1 I:()R [iA( 'Il I 1,,\1 .I:-MII.F.. l i()I ;P,I.Y P,.,VI'I!: $35.(}¢} FOR l!..\('[I ©U,.\P, TI~P, I I()I.[R. I;,tLM()VF. I)RIVI( .%IIAFT OP, ,,\XLI(, RliM()Vli BI. JMI'I)~P, ()P, All( FOII.S. AIR t[()()K-IJP, S(*(JBA OR OTIIER DIVING S[~RVICI[S, AND'()R OTIIIEI{ R~OUIRI~D SPI~CIAI. IS TII[~ ,,X("I't~..X]. TINII~ XVORKI~D ON '['[t[~ 'FOWIN(} OPI~I~A'I'I()N M[~I.'I'II'I.IIU) [~Y TIII~ 'I'()%VIN(~ ('O,XiPANY'S 'I'ItI~N /XPI'I.ICABt~I~ tI()[JRI.Y I~..VI'I~. AIR BAG~: $2,000.00 {INC[.tJSIVI~ OI~ 'l'lII~ I I()~JRI.Y R.XTI~S }. I~NTI{A I'IH'~SONPOkVI~R: S I f}.O0 f'l~I~ SECI'ION FIVE: MAXIMUM STOIL,\GF, IL.VI'ES. 'I'hcse rates apply t,'} slnragc ol'cach vehicle lowed cm~scnt tmving described in this Ordinance, provided apply equally to storage rates. Vehicle storage rates that nrc sub. jeer t~ this Ordinance shall he "fi-cc of charge" until thc vehicle has been stored at a storage ll~cility For six (f~) hours. AFter six (6) hours at that storage lwontv-lkmr {2.t} hour day cnmmcncing at 12:01 a.m., thc maximum storage ralcs INSIDIi STOP, AGI'~ (F. ntirely within a cl(~sed building): Thirtv-t,.','~ dollars (S32.f)0) per day ¢)r Fraction o['a day. OUTSIDF. S'['ORAGI']: Thirly dollars ($30.00) per day or fraclion day. SI.XTI'I¢)N SIX: I'I.~NAI.TII.]S AND I.;NI:()i~,(;I.~?,II.;NT. .,\. Each vit~lation of this Ordinance shall hc subject lo thc maximum fine and/or mhcr pcnahics as then specified in thc law under which thal enforcement action is hascd, including Section 125.69, Flrn'i([a .5'talutcx; Parl II ol'Ch:~ptcr 162. hV,rida .$'tamtc.v: as ifa misdemeanor under Section 775.0823, Florida SI(IIIIIC.V; or pursuam to any other provisions of law incorprmucd by reference imo Section 1-6 o[' ('oilier ('treaty's ('ode of I.aws and Ordinanccs on N(dv, ill~slar~(t~ng ~mlmsimm o1' ;rev (~lhcr penally (~r' pcmfllics by Ibc ('ounly nr hv any nlhcr chilly, lhrcc (3) m' more separate inci(Icnl inlcnli(mal vinlali{ms cnmmiltcd hv Ibc same towing cnmpany wilhin any lhrcc Immh'cd and sixty (3fi0) day time period is lwr .~'c sufl]cicnl basis tier fi~rt~ilure of that towing company's and/or storage cm]q,any's Collier ('rarely occul~atim~al license applicable l() thc occupationally licensed Iocali(m, where, {~r oul of which, thc rcspeclivc intentional violations occurred. Mo x, inlation of this Ordinance shall suh. icct any individual in incarceration. SECTION SEVEN: (;ONFI.ICT ANI) SI,;VERAiilI.ITY. In Iht evcm this Ordinance c(mt'iic~s with any other ordin:mcc of ('elliot ('ounly or olhcr al~plicahlc law, thc more restrictive shall al,ply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall bc deemed a separate, distinct independent provision and st]all nol effect Ibc validity of thc remaining portim~. S I,'.CTi O N F.I(;IIT: INCI.I;SION IN TIIE COI)E OF I.AVVS AND Thc prm'isinns ~1' II, is (')rdinancc shall I~ccome and bc made a parl oI' Iht ('~ctc ofl,:m'sand OrdinancesofC'ollicrCmmb', Florida. Thc sections el'this Ordinance may be rcnumbcrcd or rclctlcrcd In accomplish such, and Iht word "ordinance" may hc changed lc) "scclinn". "ar'title". or any olhcr apl~ropriatc word. SECTI()N NINE: EFFECTIVr~ I)..\TE - SPECIAl.. 'lifts ()rdinancc shall hccmnc effective at Noon ~)n Iht lit:ii day ~f Iht monlh l't~llowing thc ('mmlv's rcccip~ (~t' ~his ()rdinancc hack l'rm]n Iht l:h~rid;~ l)epartmcnt {~1' State. I',,\SSF. I) AND III;I.Y AI)(.II'TED hv thc I~,(,:~:'(i of Com~tv ('¢wrmfissioncrs ('oilier ('o~lrlt',,'. l:h~rid;~. Ibis dav r,f . 1909. ,,\'FT [!S T: D\VIGI IT l'~. iM,~O('K, ('lerk I'~O:\RD ()F ('OIJNTY ('OMMISSI©NI:.RS O1: ('OI.I.IIJ. R C'OUN'F'~'. I:I.ORII)A l')cpuly Clerk P,,\ M I7, I .~\ ,q./'vl A(" K II !. ('hal rv,'mmm Haptes Daily ~lews Naples, FL 3&102 Affidavit of Publication Naples Daily Ne~s BOARD OF COUHTY COHMiSSIONER$ ATTN: TONYA PHILLIPS PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 #001-010510 57876812 NOTICE OF It(TEHT TO State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as the Assistant Corporate Secretary of the liaples oatly News, a daily newspaper published at uaples, in Collier County, Florida: that the attached copy of Advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said ne~spaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor pro~Hsed any person, firm or coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 05/14 AD SPACE: 106.000 INCH FILED ON: 05/14/99 Signature of Affiant Sworn to and Sdbscr~hed .'; :T." NOTICE OF INTENT TO CONSIDER ORDINANCE Notice Is hereby given thaton TUESDAY, F~AAY 25, 1999, in A~rnlnish'of~on Building, Co~ller Cour~f C-overn mens Center 3301 Tofnloml Troll, Noples, Florldo, the Boord Cou nt'v Commissioners will co,sider the angel- merit of o County OrdK nonce. The meeting will commence of 9.'OO A. AR. The rifle of the prc~osed Or c~nonce Is o~ AN ORDINANCE OF COLLIER COUNTY, FLORIDA, E ST ADL. I:SJ'4- lNG MAXIMUM TOW- lNG, FEES FOR NON-- CONSENT TOWING AND DIRECTLY RE- LATED NON-CON- S~-.NT STORAGE Of: TOWED VEHICLES; PROVIC)IfqG FOR CON- FLICT AND S~=VERA· BILIT¥; PROVIDING f:OR INCLUSION INTO THE COO~- OF LAWS AND ORDINANCE5 PROVIDING A SPE- CIAL EFFECTIVE DATE. C~oles of the Ordlnonce ore o~ rue wtth the Cle(k to fhe Board ~ are crvollot~e for Irrs~ec- Hon. All interested ore Invited to o~fend be hecrcL NOTE: All persons wlshlno to s~eok on on'/ ogendo item must regis- mlnlstrotor prese~'~toflon of the ogen- cio Item to be oddressed. Im::llvld~oI speo~er$ will be Ilml~ to $ ml~ ~ on'/ .em. The ~21~'11o~ on Ir~ll¥1~al to m o~ behoH of on orgontzoflon or grou~ is encouroged. If recognized by the Choir- rT'~, o s4x~e~oerson for o grouo or or~c~lzcnqon mo¥ be ol$off~ed 10 mln- ute~ to saeo~ on on Item. Persons wishing hove wr~en or grc~hlc rno~erlOIS Inclu($e~ In the mu$~ sub~l~ sold mc~erlol o minimum of ;i weeks i~'lor lo the resl~llve p~ll¢ hoofing. In on'/ tended to b~, toe, sidereal by the BoDe, d shofl b~ m~eo to the cpf~oprloie Cmrfr./ ~tofl o minimum of ~,even doy,~ prior fo the public hearing. All al ut, ed in pref,,etTk.~lons before the IE~oord ',,viii be.- come o perr~nen! porl' Of the record. Any pel'so,'~ who eS tO C~C~agOI 0 c~ecl$10n gl the Boord will need o re- cord of the i~oceedlngs nertotnlng thereto grid eretore, mo¥ r~ed to er,~ure fr~ o ve~ooflm record of the proceedings Is mor~ which record eludes ~e te.dlmo~'/ grid evlder.:e uoc~ which the Oc.~ol Is Ix~secl. RD Of: COUNTY COMMISSIOtlERS COLLIER COUNTY, ~:LOI~ IDA PAMELA S. &~AC'KI~, CHAJRWOA/,A t~ DWIGHT E. BROCK, CLERK B'/: Iii LJ~4~ Steele, ~.~ . 120 1 ()RI)IN,~.N(iE N(). 99 - '~ :\N ()RI)IN,.\N(iE ()F ('()I.I.IER ('()liNTY. I.'1.()1~,11),,\, I{STAIII.ISIilN(; MAXIMt;31 'I'OVWIN(; I.'I.;I,L~ F()R NON-(;ONSENT T()WIN(; AND I)II,',E('TI.Y ItI,]I.\TI'~I) NON-(i()NSENI' STOI,'..,\(;I'] ()F T()\VEI) PI,IOVII)IN(; FOR (;ONFI.I(;T ,.\NI) SEVI.~I~,.\IIII.ITY; I'R()VIi)IN(; FOP. I.N'Ci.I;SION 1NT()TIlE ('()I)E ()F I...\WS ..\NI) ()I~,I)INAN(iI,:S; I'lt()\ql)lN(; ,,\ EFFI.:('TI \'Fi I):VI'i,L \VIIi:.I,tEAS. ct'l'ccti,,'t.' ()ct.l'x:r I. 199S. it~c FIoritb I.c~iM;mu'c enacted Chapter 9g-324. i.ax~s of l:hwkkx, a law ol'gcncral application added a new paragraph it) Io subsccmm {I) of %corem 125.()1()3. ,$'Rllttlux, and added ;I new paragraph lc) to subsection 166.043. l"k.'idu 5IUIIII¢'.s. Both of lhOSC I]CW paragraphs read: "('ounlics illtlsl csNlbJish maximum f~'cs xthich may bc charged on vehicles J?ollq or immnbilizalion oF vehicles .m pri~atc properly, removal and storage of wrecked or disabled ~chiclcs. in Iht cxcm Ibc nxvncr i~r operator m inCal~aCitatcd, tmavaiJablc. Icavcs thc procurement ~1' xvrcckcr consent to thc removal o1' IbC vehicle": and VWttERE:\S. ('ollicr ('ounrv Ol',cratcs a \Vrcckcr ()pcrator System as defined in suhsccliun (15) ol'.<,cction IJ)l. N()\v, TtiF. I~I{F()I~E. Bi.] IT ()I~.I),\INi{D I?,Y TIlE I~O,',,Ri) ()F C()I'XTY ('OM.MISSIONERS ()F ('()1.1.1I{!~ ('()I:N'I"Y. I:1.()1~11),\. Iha!: SE(71'I()N()NE: '1'1'[I,1".. This ()rdinancc is entitled thc "t'tfllicr ('or. my N1:l',:nlium I:cc.,~ for N~m- ('onscnt 'I'~,.,. u'~g ami Storage (,l' ',,'chicles ()rdin;mcc." SE(TFi()N'I'\V{): I)EFINITi()N.%. "nccidt'nt scene" iilC:ll~,; lJqc ph. lcc 'o.hcrc thc ',chicle {s I~catt.'d imrncdiatclv I't~lh~,.:'iilg afl accident thai damaged that vehicle. "..\ulhorized J'er'son" mCillD;, illlV imJividual x~ho at Ibc tim0 a d0cision in select a 'l-oxxing ('ompany ~s made. has lawlilJ, actual i,l' coilSll'tlCllVC physical possession or custod> ol' that xchiclc, including, prioritized in this desecrating order: Owl/el- or CO-OWI1Cl' I~{' lAC X chicle, opcralor oF thc vehicle, bailcc rd' Iht "nulhol'ized wrecker opcr:ltor" means dcsigrmted ;is part ~I' the xxrcckcr Ol'~crator system cslal~lisho. I I'Lv · 'disnl)led" n~c~lns :~ vcl~icJc rtl:it cannol t>c n~ovcd l)v ils ~vn I~WCF t~ccausc tlac plqS'sical cotadition ~I' lbo to\red vehicle (inclt~dit~g I}'o~ t~otl-usc). lack oI' l'ucl, or t>ccausc stich lllt~VelllCllt, cxcc}~l b}' I~cing lox~ cd. ~k'otmJd x'i,~l;~Ic ;~ Jilxk' ~1' 11 pi'iv;ITC rule. "IIOII-C¢)IISelI! Io~ing" lllC;II1S C'ilcJl iI1St[IIICC 01' VCJli,~Jk: lt)kVIllg xvJlcll IIo occasion. · 'l)riv:~le l)m'ol)url)"' ]~c:lns ill) t:]ngil~Jc i")llOpCl'l.V II1'~1 (,\st~ctl by. ]c:lscd It~. ~r si~il;~rl> ct~nll-ollt.'tJ }~x' :.1 go~ crnn~cnt:ll entity, it~clt~ding J~l'l\';lI',.' I'O;ldS. "l)r'iv:llu rult"' nlcans restrictive co\'cn:Jnl, deed rcstricli~. restrictions, and :J~x' other l>r]v:~tc rule ~r x'chiclc ITom tight pr,)pcrty is then aJJoxxcd · 'lov,'in~" means, for con.sxtcration, transportin~ a ~chiclc hv a means behind 'a H't{ck or transportin~ linc loss'cd vehicle uil a Im'uck hod a,' t)lhcr suhsmniially similar conveying vehicle ~hat has Ibur (4) m' more wheels. "lire'lng el)nil)anY" mcan~ cacJ/ pT'iv:.ilC parBlcrshiJ'). Ct)FJ)t)l'illJt)ll OF olJlcr privately owned hu~incs~ etltity, incJudin~ snJc proprichw, lhVl~ Cll~',l~cd iM towing vehicles fnr consideration, xvitl~ or withou~ its own storage Ii,oilily. · 'unavailahle" means lhat no :\ulhori/¢d I'crstm is physically pm'c~cnt al Aulhorizcd Pcrs(m is unavailaNc il' hc or she cannol rcadih' hc cantaclcd t~ bc · 'vehiclt"' mc;ms a machine or other substantially similar Ihing (Icsigncd or tlscd lo Ir;mspori one I J ) (,' lll(ll'C j)el'somls ;md'or pr()pcrly (~c'r ri,ad ~)m' JaiM, (~r puiJin~ ;llllillaJ(s). Vehicle illC]tldcs caF, IT-tick, ll';ll J k'l', Ill()tol'cycJc, Hlotor 5COOJCI'. ll)OJlL'd, HLI~. V:lll. FCCI'C'dHOi~aJ tcJlicJc. ;tJJ-JcrFaJl) vchicJc. ~OJl' carl allHllaJ-dl'awll VCJliCJL'. :llld cvcrv ()lJlCF subslanlially similar dclincd in StlbSCcl)¢)ll ~2~.02(36). /:lorJdu ,~'I(I[NIC3, ~IFC ~IL)J vchicJcx. "wrecked" means a vehicle that Calli~ot t)c driven away From its Jocalion bccat sc hi' Ibc physical comtition ol'tl'l'at vehicle, inchTdu'~ I'rom mm-us,.:. SI&CTIONTIIREI{: .,\I'I'I.I('ATI()N()F()RI)INAN('I'L This ()rdinancc aptflics t~ all geographical areas in ('oilier ('rarely tl~ thc greatest extent now ~r hereafter auth(~rizcd by law. This ()rdinancc docs authorize tawing. This ()rdinancc &)cs m}t grant access to any property. This ,s. 'l'hcsc maximum tox~ing T'alCS and slol'~lpe rafts shall n,~l apply: I'() sLIch T'alcs; :TX :.l?'Ccd Io h'v ~IT'~' ..\LlthoFized I'crmson: 2. '[t~ such talcs Ihcn a:4rccd to by Ibc m\vTng company by ~v)'ittcn agreement as authorized t~r required by law [hal stmpcrscdcs this Ordinance: 3. 'I'~ such Ik'c~ tn' r;'tlcs then established in accordance xkilh a written agrccmcnl bctxvccn Iht loxvimlg company and thc Shcril'l's Agency any imcmmstatc entity whose :mthorlzcd activities include fraying vehicles ~Sssi~cialit)ll: II'tile ',.'ti/Jolt Js liD',vcd wiIht'~ut Mci;iv 1ll r,.~t[Tc I(~ ;A ~)tHsidc ~I' Florid:L .$1ora~e in l:lorida is delay. place except ,)n pr~q~crt)' {awfull~ made ;~:lilahh: I~r ~,,)ra~ ic.u pr~ pcrJv/(mod.junk vilrd). SIq('TI().N' F()I'I~,: JXI..\XI3Ii'.Xi I~,..\'FICS F()I~, T()\VIN(;. docs not limit p;ms-lhr,.~ugh ()I' ;my addit;onal lo~ving anti or sit,rape related I'ucs or chargcs required (~r authorized by law which ~hcn supcrccdcs Ibis ()rdin;mcc. This Ordinance docs not limi~ pass-throu~h uclually paid by thc l(~wing company l't~r scrviccls) I?om thc Shcrifl's AgcHcy and/or any ~thcr govcrnmcntal entity, t~r from sol~ proprietor(si or private entities, pr{~vidcd those scrx'iccs. company, x~crc ncccssar'v to lawl'ullv and safclv I(~,,~' III:It vchiclc t~ that destination t~r' is lawfully Ir;mstk'Frcd slorcl~t', this ()rdill~lncu cJ{)t's company 1o recover l'ron] any pcrs(H~ (~r entity ;ill cosls ;IClLI;I]Jy paid by Iht other substantially similar cosls. Thc lll;lxill~Um lowing [';ltcs ;Irc: I~,,\SI! I~..\'I'lt: S()(L00 ,'XIII.IL.,",.CiIL l~,,,\'l'l~: $1.0('~ I:()tz. IL,\('II It.,',,I.F-*III.I!. t t()lffAl_'~' I~.ATI~: $ I 0.()0 F()t~. 1!..\('It (gl i,.'XI~,'I'I!I), tt()1 il~,. 1zg 1 II. (.*LASS B \VRECKERS: BASI'~ P, ATF.: $125 /',,IILI:.AGI'~ P, ATE: 51.50 FOP, Ii.,\('tl I tAI.F-MII.I.L t I©UP, f.¥ P,.,VI'F~: $21.00 FOR t:.A('II (.,)UARTF~R I1Ot;R. III. (' I. z\.5.5 C B;XSI-iRATE: $1g5.00 M Il. Ii?kG[-~ R.,kTE: 52.25 FOP, EACII t IAI.F-MIl. F.. tlOt. Jt~I.Y RATI:_: 532.00 FOR EA('ft QUAP, TI'~R Ill)rJR. IV. LtIL,\VY 1:¢~2LLL~Vt I'EIY_LDAUY'~_\~_Y1U:CKi~: B,,\SE RATI:,: 5225.0O MtI.IiAGIi R~\'I'I~: 52.-;5 FOR I{A¢'I1 I I.,\I.F-MII. I!. flO[JRI.Y P, AT[:.: 538.50 Fl)P, ti..\('lt O[IARTIiR I./\NI)O_J.,_I. TI,L,_XI LIt:.l,?,: iRc~I.I. I~,\('K {)R I)Rr)P l;.,\r K '1R..\II i-.R ()R I P,I;~ %21 B,\SI.~ P, ATE: $150.00 MII.[-iAGfi RAT[-;: 52.50 f:OR F. ACIt tt.,\I.F-MII~I:.. [t()UI*,I~Y RA'F[{: 535.00 FOP, t{A('ll QU:\ICFEP, VI. S IiI'At_~ATE _WRECKER~ 141ZMO¥I:. DRIV[:. NIIAFT OR /\XI. IL l~l:.MOVli tM)MI'IiI~ OR AIR I:O[I.S. AlP, \lOOK-UP. SC[;13A OR OTItE:.R I)IVIN('; S[:.RVI('I~S. AND/OR OTttV. P, REQUIRED SPECIAl, SERVI('ES: TI IF. ('IIAP,(;I:. IS TIIE A('TUAI~ TIME WOP, KED ON TlttT. 'I'OWIN(i OPIH~,ATI()N MUI.TIPLIED 13Y TIlE TO\VIN(i COMP,,\N¥"S TIIEN }tO[JRLY RATt:.. Ail{ BAGS: $2,000.00 (IN('I,tJ.$1VI! OF TtI['~ t lOURI.Y RATE%). I'~X'I'RA PI(R.$ONP(-)\V[!I~: $10.00 I'ER I.ABORI;R I:OR I:.ACI t SECTION FIX/lC: .XlAXIMtiM .%TOI{,&(;I.: These rates apply to storage ol'cach vehicle l(),.vcd for sloragc by thc non- consent towing described in this Ordinance. provided the storage location is in Florida (intrastate commerce). Thc limitations listed in Section [:our. above, apply equally' to storage rates. V'cbiclc storage rates that arc sub cct to this Ordinance shall be "free ol'charge" until thc vehicle bas been stored at a storage lhcility lkw six (6)hours. ,.\flor six (6) hours at that storage I'acility. based on a twcnty-lbur (24) hour day commencing ut 12:0] a.lll., l}lC llMIXillltlll~ Storage rates are: INSIDE S'FOR.,\C,I'~ (Entirely within a closed Imilding): Thirty-two dollars (S32.00) pcr day or lYaction ol'a day. 12C 1 ¢)1 i'l'~li')li ~T(.~R..\('iI{: Thirty doll;rs [$30.()0) per day or fraclion of a day. SECTION SIX: I'EN..\I.TIES ANI) ENFORCE.MENT. A. Each violation ~,t' this Ordinance shall be sub. jeer to the maximun~ fine and/ur off]er penalties ;~ then specilicd in Ibc ]aw under which th;n cnlbrccmcnl action is based. ~ncluding Section 125.69. /"/,rid, ,~'lallll['.W PlII'I II el'Chapter 162. /'7-rh/a .%'mztm,~.. as ifa nfisdemcanor under Scclion 775.0S23. /'7ol'id(l .~'[(llll[C,5i oi' pUl'SLlilllI IO illlV ot}lcr provislolls of law ~lcorp(watcd bv relbrcncc into Section I-A el ('oilier ('OUllly's ('ode el' ].:lWS illld ()rdinanccs o[~ lbo date afthe violation. B. Nntxviths!amlir~g inllmSilion of any other penally or penalties by l}~e ('nunty or hv any ~thcr cn[mtv, three (3) ur more separate ~(cidcnt inlcnliom;I vMlations cummittcd by Ibc hill!lC IoW)[lg COInpallf witilin any three hundred and sixty [3(~0) day lime pc:u~,d is l;t',,' .~' sufficient basis !bt I:orlkilurc ~fl' thal license applicable n~ thc (Kcupa[iolla]])' licensed ]()cati()n. wi;crc. ,~r {llll (~l' wMch. tine respective intcm,,ma] violalions nccurred. Nn vmlalion uf Ihis ()rdinancc shall sub. joel any ~mhvidual m incarceranon. SECTION SEVEN: CO'gi:I.I('T AND SEVERAIUI.ITY. In the event this ()r(Jinance conflicts with any eli]er ordinance hi'( 'oilier ('ounty or athcr applicable Ia',~. lhe nmrc restrictiveshal] al)ply. If amD, phr;~sc portion or' tiffs ()rdin;mcc ~, held ~nvalid ~u' unconstitut;onal h,, any COlll'l (Il' cotnpelcn[ .jurisdiction. such portiomq shall be deemed a separate', di~linct amid indepcndcnl pr(wision and shall riel c f~Z'c'[ ~i~c' validity (,1' l)~c rcn~aining Im;-lion. S I']CTION Elf;liT: IN('I.USION IN TIlE C()I)i.: ()F I.AWS ,\NI) ORi)INAN(:ES. The provisiotls el' lllis [)r'dinance shall become and bc made a part el' thc ('ode of' [.axks and ()rdinancc, ~t' ('oilier ('OUIII?, l:h~rida. Thc scclions of Ibis Ordin;mcc may be rclqUllqbct'cd ~' r'clcucrcd to accnmplish such. illld tile kxol'd "ordinance" /IILIV }1C changed i,~ "suction-. "article". or any other alopropl'ialc word. SI.TCTION NINE: EFI:I-X'TIVE I).-\TE - NI'E('i..\I.. This Ordinance shall bcc~m]c clTective al midnieht un 'I hursda,,,..lely. I. 1999. subject to 1h¢ ('ountv's receipt nf ~lois Ordinance back fi'om Iht I:lnrida Department of .~lale, PASSI:.I) .AND I)L'I.Y AI)OPTEI) by 12C I ATTEST: I)".VIGItT E. BRO('K, ('lcrk ('"',~ - ":,-'"G3 . Deputy Clerk Appro,.'ci:t as to Form and legal su t'ficicncy: Thomas ('. Paltrier, Assistant C',-mntv Attorney I~OARI) OF ('OIJN'fY ¢'OMMINSI()NI!RS OF C(31.LIL:R COUNTY. FI.ORID,.\ 120 1 STATE OF FLORIDA) COLP~TY OF COLLIEBI 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. 99-38 Which was adopted by the Board of County Commissioners on the 25th day of May, 1999, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 25th day of May, 1999. , DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board.-/of Deputy Clerk COLLIER COUNTY FLORIDA REQUEST FOR LEGAl. ADVERTISINC OF PUBI,IC IIEARINGS To: Clerk lo the Bo;ir(h Please pi;Icc Ibc fldhm'ing as a: ~ NommllcgaI.Ad, cm~mcnl ~ O/her: Ordh~:mc~ (Display Adv.. t~alJon, c~c. ) ' Originaling Dept/Div: Parks and Recremion / Public Scr,.'ic~s Person: John Duntmck 1);1I¢: ,Mav IlL 1999 P¢filion No. (if none. give briefdescriplionl P¢lJllo~ter: I,N;]m¢ ,~ Addrcv, i Name & Address of ;in) pcrsoms) to, he ll,311I'~cd I)', (.'Jerk '~ ()}~cc (If Illorc space is lice(lcd. ;1113c11 sop;it;itc s]lccli ltcamlg ~forc XXX Bce BZ..X O~hcr Rcqucsled }{caring date: ~Based on ad~crnsernenl appc:~tm~ I,~ d.~ buff)re hc:lrHIu ~.l;l~ 2~ I'";9 Nev',spaperls) to bc Ilscd: (Complcl¢ o.qlv ~f [] Naples D:ulv N¢:,,s IA&cruse smm;,.:m, hc;,Jinu of ', CoI11p;h'liOll pCllllOi'l S) ifa;v, & DOCS P¢Illio/1 FCc in¢!ude adxcn~,,in,.: cosI" ~_. b'cs 7-, ._', i.,:'::~il~ Rcqu~r,:d ~',!D-~, ,l/h.l .... ,~. I ,I, !";ICIilIIC!; [iIi[XIC{ I:'LU ()l~,il , 1-~2 ~h3 [£ 'z'cs. ,.*. h:iI ;Ic:ount .,,i~ould bc ch:lr'.'cd Ik;r ;Id,. crh'-am~ co,,,ts n~} I. Rcvic'a cd b;" l)~ ~s~on }icad D.~Ic I.iSl .'\ll:]chtHcnls: Otdill;l/lcc' · .\ ['p rnvcd b'. { OIIIID. , /)ale D I9"F[~ I I'~ l "I'll) \ [NS'I R I'("I'IONS For hearings belt)re 13CC nr BZA: [tlili;llh'l,~ I)cr~(m Io ctmll)h:lc nne ct))' and .lin, in I)i~ i,,hm lh':l(l ;q)l)rt,~ ;H bcf(,rc .~ul)mittin~ tn Cm:n[y :Marl;iL[er. Nnl'e: If IcL:ill ali}Cfi/lie/l[ i~ ill~.tiJ'selt, lie ~,ure lh:H ;ilD nt, t. ehs,;ir.x JC2,1J £'U's ie~,. ,ir rcquc.sl f))r same. is M~l)mhled Itl C,mn/v .~.ll(~r/It.~ Iwfl)rc ~uh/ni~t/n,, l,) (7,unl~ Manager. Thc Manager's (Jfl]cC ~ill (lislrihulc cnpic.~: - ~ CmJntv M;Jna~.cr a'.1'en(la file: h, Clerk's ¢)rficc ~2 I~cqucqhl,,/, l)i~ ishm __ ()ri,zinal B. Other hearings: lmli;~lmg D~ IMOrl Itc:id I.o appro,.c :,J:d *.llbllli: Orl'.2'i;l:tl 1o Clerk s OIFlcc. rcmtnmu a c~p~ lbr 151c. FOR CLERK'S OFFICE I/SE ()SI.Y: 12g 3' ,~'.U~LmJ~ ~iO: (941) 77G-SG06 May 10, 1999 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Ordinance Parks and Recreational Facilites Impact Fees Dear Pam: Please advertise the above referenced notice one time on Friday, May 14, 1999, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Lisa Steele, Deput'/ Clerk Purchase No. 001-156310 CONSIDER ORD Notice is hereby given ~hat on !UE__SDAY_~_ MAY 25,_l__9_9_9__i_n__.~_h__e_ Boardroom, 3rd Floor, Adminisr~rasic.n Building, Ce].!ier Count'}' Gove~n,,_nt~ ~ Center,_ ~301 East lamiami Trail, Naples, Florida, the Boa:~] of Counzy Commissioners will conside: the enactment cf a County Ordinance. Th~ meeting ',.'ill commenc,~, at 9:00 A.M. '~'~,~-,,,~- t~tl{:, e[ tile proposed Ordina.,c_ is as ~.ollcws: AN ORDINANCE TO BE KNOWN AS THE iOLLiER COUNTY SAR?ES Ai~D RECREATIONAL FACiLITiES IMPACT FKE ORDINANCE; PBOVIDING DEFINITIONS; PULES OF CONSTRUCTION ;~D FINDI}iGS; ADOPTIf;G A CENT;,[;; iMPACT FEE STUDY; INCORPONATING BY REFERENCE THE COMPREI{ENSIVE PLid,:; PROVIDING FOR THE IMPOSITION OF PARK IMPACT FEES ON ANt PARKS ~2~D RECREAiIONAL FACIi,ITIES IMPACT CONSTNUCTiOIi OCCURRING NIT}fIN COLLIER COOT,iTT; DEFIIii~;G THE TERM PARKS AND RECREATIONAL FACti, f'FIN;:; IMPACT CONSTRUCTION; PROViDiNG FOR THE PAYMENT AI2D COLLECT/ON OF PARK iMPACT FEES; PROViDiNG FOR THE USE OF PARK IMPACT FEES COLLECTED; PROViDiNG ;CI ALTERNATIVE METHOD OF CALCULATION OF PAP. K IMPACT FEES; PROVIDING FOR EXEMPTIONS iN CONNECTION WITH PARK iMPACT FEES; PROVIDING FOR CHANGES iN SIZE ~2'~D USE OF A BUILDING OR DWELLI!;G L~;iT; PROVIDING FOR VESTED RIGHTS, PROVIDING FOR AFFORDABLE HOUSING WAIVER ~D DEFERP~LS; PROVIDING ?O~ ALTERNATIVE COLLECTION METHOD FOR THE PARK IMPACT FEE; PROVIDING'FOR CREDIT FOR DEVELOPER CONTR!BUTIOi:: PROVIDING FOR REVIEW HEARINGS; REQUIR/IIG REViE}; EVERY THREE YEARS; DECLARATiO}; OF EXCLUSION FROM ADMINISTRATIVE PROCEDURES ACT; PROVIDING FOR REPEAL OF COUNTY ORD!N~.~CE NO 88-96 AS ,,~u,- - . , ~'~-..~DED, PROVIDING FOR iNCLUSION IN THE CODE OF LAWS S=ND ORDIN;~ICES; PROVIDING FOR SEVERABILITY; PROVIDi:k: A24 EFFECTIVE DATE. Copies of zhe proposed Ordinance are on file with the Clerk to the Board and are availab,_ rot .nso_._~_ion. A~ interested Dart[es are invited to attend and be heard. ' NOTE: All persons wis)iit:u ho speak ..:: any agenda item must ::egiste: with ~he County admin:s~ -~- ~r,~..~ P~_!.O~ ~ [:resen~aticn of the agenda to be addressed, individual speakers will be iimi~ed to 5 minutes on any item. The selection of an individual to speak on behalf of an organizazion or group is encouraged. If recognized by the Chairman, spokesperson for a group or organization may be allotted l0 minutes to speak on an item. Persons wishing r_o have '..;fizzes or graphic materials included in the Board agenda packets mus~ .~ubmit said material ~, minimum of 3 week:~ prior 2o the respective public hearing. !n any case, written matevia~' intended to be considered by the Soa:'i shall be submitted to the appropriate County staff a minimum of seven days prior ~o the public hearing. Ail material used in presentations before the Board will become a permanent part. of the record. An,,,, person who decides to appeal a decision of the Board ',;ill a record of Lhe 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 COMITY, FLORIDA PA3<ELA S. MAC' KiE, CHAIR'NOM~2,; DWIGHT E B..OCn, CLERK By: /s/Lisa Steele, Deputy Clerk {SEAL) ORDINANCE NO. 99- PARKS A~FD RECREATIONAL FACILITIES IMPACT FEE ORDINANCE A~ ORDINANCE TO BE KNOWN AS THE COLLIER COUNTY PARKS AND RECREATIONAL FACILITIES IMPACT FEE ORDINANCE~ PROVIDING DEFINITIONS, RULES OF CONSTRUCTION AND FINDINGS; ADOPTING A CERTAIN IMPACT FEE STUDY; INCORPORATING BY REFERENCE THE COMPREHENSIVE PLAN~ PROVIDING FOR THE IMPOSITION OF PARK IMPACT FEES ON ALL PARKS AND RECREATIONAL FACILITIES IMPACT CONSTRUCTION OCCURRING WIT}{IN COLLIER COUI;TY ~ DEFINING THE TERM PARKS AND RECREATIONAL FACILITIES IMPACT CONSTRUCTION; PROVIDING FOR THE PAYMENT A~TD COLLECTION OF PARK IMPACT FEES~ PROVIDING FOR THE USE OF PARK IMPACT FEES COLLECTED; PROVIDING AN ALTERNATIVE METHOD OF CALCULATION OF PARK IMPACT FEES; PROVIDING FOR EXEMPTIONS IN COI~;ECTION WIT}{ PARK IMPACT FEES; PROVIDING FOR C}{A~;GES IN SIZE AND USE OF A BUILDING OR DWELLING UNIT; PROVIDING FOR VESTED RIGHTS; PROVIDING FOR AFFORDABLE HOUSING WAIVER AND DEFERRALS; PROVIDING AN ALTERNATIVE COLLECTION METHOD FOR T;fE PARK IMPACT FEE; PROVIDING FOR CREDIT FOR DEVELOPER CONTRIBUTION ~ PROVIDING FOR REVIEW HEAR INGS; REQUIRING REVIEW EVERY THREE YEARS, DECLARATION OF EXCLUSION FROM ADMINISTRATIVE PROCEDURES ACT; PROVIDING FOR REPEAL OF COUT~TY ORDINANCE NO. 88-96, AS AME~FDED~ PROVIDING FOR INCLUSION IN THE CODE OF LAWS A~FD OPDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. Section i.Ol. Definitions. A ."% T i C r, i:; "Accessory Building or Structure. s)]-% ! ] rrean a rte t a r:hr.~rt, ; c:- ~:sr: o[ the land "Alternative Park Impact Fee SttJdy" prepared hv r. b3 ..',.:'-,Fi !r;a:',~ ~'i ~]'"%ir_lCtr] tlr-; the ,C'-¢tu~t*/ Manager 3 "Apartment" means a rental Dwelling Unit located within the same Bt:]!ding as other Dwelling Units. "Applicant" shall mean the Person who applies for a Building Permit. "Board" shnii mean the Rca l;d of County Commissioners of Collier Cc~:nty, Florida. "Building" sha] 1 mean an}, structure, either t emporar}, or permanent, built for the st][~por t, shelter or eno lostlre of Persons, chattelr~ or property cf any kind. This term shall ~nc]ude ten~s, trak]ers, mobile, h~,mes or any veh[c]et; t;erv]ng ~n construct:ica and maintained during the term of a Ruild[ng Permit. "Building Permit" shall raean an official document or certificate issued by the authority having juri sdJ. ction, authorizing the construct~cn o:' si~ing of any Building. For purposes of this c~rdinance, the Lerm "Building Permit' shall also Jnclnde tie-down permits for theme structures or Buildings, snch as a mobile home, :'liar do not require a Bui]ding PermiL Jn order to be occupied. "Community Park" shall mean a Count~;]de ne~work of parks and recreational facilities '..,'h i c h serve the residents of the unincorpora~:ed area cf C-~]]]er Cz ~nty. "Comprehensive Plan" sha]] r%enn tho c,%mprehe:'~n~ve plan of ::he Comprehensive Pla::ning and I,and [:,:velc~pment Regulation Ach. "Condominium. means a sing!e-family or time-sharing ownership unit that has at least: one other similar unit within the same building structure. The term Condominium Jnclnden all fee sJmpte dupl e:.:e~. "County" sba! I mean ::zl] ier 7onnty, a political subdivision of the S~;ate of Florida. "County Attorney" sha]] mean the person appointed by the Bcard of Cc'Jn[%' C~mmiss/oners ~ ~ serve as its counsel, or the desiunee cf :;uch Person. "County Manager" shall mean the chief administrative officer of the Count'/, appointed by the P. oard of County C,"m~mJssioners, the designee of such Person. "County Park System" or "Park System" shall ]nc]uc]e Community Parks and Regional Parks operated by the County. "Dwelling Unit" shall mean a Building or portion of a ~h~]]d]n9 designed for or whose primary purpose ]s for residential o~cnlpa:lcy, a ~id '.','h :, ch c:r,:~ ~ i Stl S ~ ~ (3~IO or ~oFc: Foo~',s wh i C~t arc arranged, ,]esigned or used ar; living quarters for one or more persons. "Encumbered" shal I mean monies commi tier] by contract or purchase order ]:: a manner that obligates the County to expend the once,inhered am~,~nt upon del ivory of goods, the rendering of services or t:i~e conveyance of r,.~l property provided by a vendor, supplier, con[racttor or Owner. "Impact Fee Study" shall mean the stlHdy adopted pars,ant to Sect ion i .04, as amended and r;:~ppiemented pursuant t-.r~ Sechion "Local Government Comprehensive Planning and Land Development Regulation Act" tceans Lhe provisions of Parc Il, Chapte[ 163, F] or] da Stlatlnnes ( 199% I , as arnenc]ec{ or suppl ementect, or i ts successor in fnncr, ion. "Mobile Home, means mant~factlured homes, trailers-, campers or recreational vehicles. "Owner" shall mean ~he Person holding legal title to t:ho rea] property ~pon which Parks and Pecreat ]onal Faci] ition Impact "Park Impact Fee" or "'Impact Fee" shall mean the by tho Co~:::L?' F, ursjlant: ~;o Sec' :on 2.01 or, if app] !cable, l. he Alternative Park impact Fee. "Parks and Recreation Director" shall mean the Person appoin[ed hy l:he Noard Or the County Manager Lo supervise the administlratl i on, opeuntiox and ,~cqnisJtion of ~lhe Connty Park System, c} tlhe dos:gnee ef s~)c:h ]'er-sen "Parks and Recreational Facilities Impact Construction. ~;hall mean land de'.,elcpmen~ consLrucLi~n designed or intended to permit "Person" sh-~l! mean an individual, a corporation, a na, tn.~,~ip, an incorporated association, or any other similar ear. i "Regional Park" shall mean County parks and recreational faci] ]ties designed to serve all residents of the Connty including residents of the municipalities. "Residential" means Apartments, Con!om]alums, Mobile Homes, Single-Family Detached Nouses or Adult Congregate l,iving P'acil irlirsfs, ,{s thlr term if; defined in Sect:ion .1s,9..t02, F]oFida StaLl',res . "Single-Family Detached House" moans a~,:,mor on an lot. Section ] .02. Rules of Construction. For the purposes of administration and enforcement: cf this erdJnance, un]ess r:ons~::;cticn shall apply: A. in case cf an7 diffe}-ence of meaning or implication bezween the text of this Ordinance and any caption, iljustration, summary ~aRie, cr iljustrative table, the [e:.:~ shall control. E. The wort] "sba ! !" : s a l',,:a ys mnndatory and (]!ast'etl{sniy7 and tho '..,':~rd "Na',,'" {s Fermir~nive. ~ ...... i.t' _ ..... i nc] ude the future: '..;z:ds used in the s~nr:,~lar shall fac!uric the plnra] and the plural the singular, unless the ccnte>:t clear]7 indicater~ the cent. rat./; and ~mo of the man::ul ine gender nha] 1 inclncle the feminine D. T]tQ phrar:e "~::;od 5or" :nc]tides "aFi-aR,-je:~ it, F, .... der;igned ... , "rr';n:::: ai:;,.:! fo>:'," ~.1 "c~c:c~:p;,ed fer." F2. :;:~iess ' h,. '-:r:rxt'e:.:: clr.:rl',' {n,'~ic.]tc-d thr: coDtral-y, ','here a regular :.on i:r.':,~ '.'<rs r,....;, or m' , ~. ir. ems, cc:l.q[tions, provisionr:, or eve:;t :; connected k,' th,-, conjunc[ion "and," "or" or "either...or", the con'juncZLon shall be in~erprezed as follows: i . "And" indicates that all the connected t:erms, cr;nditi,znn, p:%'isionr; '~r ~-'.',~ntn shall apply. con:fir i':::r;, F,:,''.'isic.nr; .or ,.vent:r: ma'/ appl':' ninq!y c,~: in any 1 ~. "Either...or-" indicates that the connected items, conditions, provision.n or events shall apply sJngl'f but not in co?b~nat]en. F. The word "inc] ~',,]en' z~ha], i not 1]m]~ a teton to the specific e;.:a~ple b~t ]r~ [n~ended to extend its meaning o~her instances or circum,.~ancen or like ~ind or character. Section 1 .03. Findings. It in he:'eb7 ascertained, determined and riec] ared: A. Future growth Yepresented b7 Parks and Recreational Fac~]it~en i~[-ar _ Tcmst~;ct. ion nhonid contribute ]tn fa.ir nhare to ' h~' ':c, nt~ -~ i~pr~'/ev',~nts ~,nd addiLions t'o t he C~nl:v Park a~"~".,~.e,,-' that; are required t o accommodate ~he use r)~, nuch park~ anti recreational facilities t.':, such n. 7mple~entation 75 the rmpact Fee to require futnre Parks .... a, : ..... coat cf improvements and additzJonn t:o the Cc:~n t':, P~:h ETstem is :n in: ,zorn] and vital element of the r ec;n ! a t:e,r',' :;qan of r:: ' '.','t h :r,~nanemen~ i ncn:'nnrat'.ed in t:he Comp::ehens i ve Plan. C. The standard of nerv~ce ~or the Count:7 Park ~yfltem, der ermi ned i n t:he lmp-~," Fe~: ~ t nd'/, i s he reh':, approved nnd adopted b7 tthe Cc, unt'.,, ~:..'i fct:n:i to; he in ccnformit5, ,.¢iLh the Comprehenr; ! ve Pl an~icipateri need for D.~; :<r; anq recreaLional',a_,r'; i itJes, hosed upon pr,:~;enL knowledge ,:.'i j ~df. ment. Therefr:re. ]n recognition of changing growth pat;t.e::::; and :he dynamic nature of population g ro,..,,C h, :L i~: :the iht ..::': nf t:he ~oa rd than the ~;t:ancia rd of service ~.,c~ - t_I:e C.ounLv. ; ,: ;: ..:...c..,-, ,~rn anti the ;mnact:. Fee imposed be :-eviewed and arljtlstted ?¢: ~dic:al !7, Fnrsuan~ t.o Section 3. Oa, to insure hhat ~:he Park '"'path Fees; are imposed equitably and ]awful]7, based upon act': ,l and ,,nttir:ipar. ed g:'o',:Lh at the time of their E. The irT:posit/c:', t:he Park impact Fee is Lo provide a source of rq'.'e~lle t_o fi;: ~ [the .-:,7~nsLrtlcLion or improvement o[ the Count7 Park System necessitated b'? growth as delineated in the capita] improvement element of the Comprehensive Plan. F. The Board specifically finds that Regional Parks 10enefit all residents of the County and, therefore, t~e Regional Parks ccmponent of the Park Impact Foe shall be imposed ]n ail arear; of the County, including b, oth the unincorporated area and within mt:nicipal boundaries. G. The Coz~munit7 Parks within the County Park System provide a real and substantial benefit to all residents of the County, including those within the municipalities. In recognition of the recreational facilities and activities which are provided by the municipalities and which parallel the Commnnit7 Parks within the Connr. y Park System, the Community Park component of the Park impact Fee shall not be imposed within municipal boundaries. H. The Board specJficall7 finds that Community Parks within the Connty benefit all residents of the unincorporated area of the Co~inty because the Cc, unt7 provides an interrelated network of Community Park programs and facilities which operate as a County- wide reno;:rce. i. This Ordinance shall not be construed to permit the collection of impact Fees from Parks and Recreational Facilities Impact Construction in excess of the amonnt reasonably anticipated to r~ffset Lhe der~and on the Count7 Park STntem generated b7 the Parh~; and Recreational Facilities Impact ConstlrNcti~.n ocr:~:'~ing s'.:hsec::,'.n'l ~r: the effective ~iati~ of I his J. Ali Jr:,pr~,'.,ements and a,'J.']ftic;:~s to the County Park System needed t:o e!JmJnate an7 defJr:iency between the exJstin9 Parks STstem and the ntnnria :-q of service as adopter] ]n the Compreh~'r, sive Plan, shall he ft:nded h7 revenue:; other than Impact Fees. Therefore, t'he revenue derived from the Impact Fee nh-qll be ut:ii:ted ~.r: l ':' fin: :the ,~,':,']u i :~ i t i on sf i mpro'..,eme n t ~; and adrift]oar; tn, the Connt7 Park /:Tr:tem which are necessitated h5, Parks and t~ecreat:onal F~ci!Jt:ies Impact Construction occnrrin9 subseqnenL t:,~ the e~fect:!.:o dat:e c:f this Ordinance. 1.2C 3 K. it is hereby declare:] l:o be the policy of the Board that the improvements and additions to the Count7 Park System, required to accommodate fut~re growth, shall be funded entirely by the revenue derived from the Park impact Fee. Therefore, no credit shall be given for any tax revenue sources which may have been utilized in prior years for the funding of Park System improvements or additicnn. Tn the event that this poi icy .is ~ltered N5' tlle ?ut, sequent action of the Noard, or if additional revenue ] r; race i ved nnd cnrnrni tted far growth necega i rated improvement_s and ndditians of the County Park System, the Impact Fee shall be adjusted at the periodic review required pursuant to Section ~.5~t and c~:edit shall be given for any ~'ax revenue which has been utilized for 9rnwth required improvements and additions to the County Park STntem. Section 1.04 . Adoption of Impact Fee Study and Comprehensive PI. an. 'File ~oard hereb7 adopts and incorporates hy reference the study entitleci "Rate Study for impact Fees for Parks and Recreational Facilities for Collier County, Florida," dated March 18, 1999 and any. amendments, updates or supplements thereto particularly the assumptions, conclusions and findings in such study and its amendments as to the determination of anticipated costs of additions ~ic~ the County Park S}'stem required to accommodate grcwth. The Board further incorporates by reference the Comprehensive Plan and any amendments theretc as it relates to the improvements and additions to the Cotinty Park System. 7:;,NK i:.lPACT FEE Section 2.01. Imposition. A. Aii P-~ r}:s and Pc.crc:at iona] Faci ].iKios Impact ConstrncUicn witthin the CountT, both within the unincorporated areas nr;d '.¢ithin t~he bo~nr]arie:3 o~ all municipalities, sha].] pay the Park Impact Fee an r:~t forth and established ]n Appendix A. f{. The Park [~pact Fee sh.~ll he paid in addition all other fees, charges an~ asnesr:ments {b:e for the issnance of a hni.]ding permi tt a:>i i s { nltend,-~t tic [, re,., i de funds on]7 for growth necessJLaEed irnpro':eme:~;ts~ and ~,dditions no Ccmnt7 Park System Section 2.02. Payment. A. Except as oti~erwise prcvided in this Ordinance, prior to the iss~lance of a Building Permit for a Parks and Recreational Facilities impact Ccnstructicn, an Applicant shall pa}, the Park impact Fee as se% forth in Secticn 2.01. R. if the Parks and Recreational Faci'l J t les Impac[ C,~nst:rnction :r; located within the unincorporated area of the Co:;nt':', thc Park impact Fee r;hall be paid directly to the County. C :f ::he Parks and Recreational F'ar:i 1 ~ t: les Impact Construction in located within a municipalizT, the Park Impact i.'ne r:hall he pairl ar; follows: l. T[ the municipality has entered into ,~n intertoca] agreement with the County providing ~or the collection o~ the Park Impact Fee, such Impact Fees shall be paid and collected :,:: acc~rdr, nce '...'ith t he provisions of the intterloca] . t.n: r, unicipa!it7 has not: <.ntered inEo an in~ier]c::a i agreement: with tthe County ~zovJding for the ccllectLcn of th-: Park impact Fee, such fmpac[ Fees shall be pa.~ reck[';' tO ~hr, COtlrtt}'. L. !; t?,-. Park:; and Recreational Facilities Impact Ccnst_:'ucqion is located within a municipality and the gcvernJng hod7 e[ the municipal itt}' has not agreed ['o require proof payment c~ the Park Impact Fees tko the County prior r.,~ issuance of a [:uilding Pet. mit: h}' the munJcipalzzy or to require additionally the pa'?nent of the Park Impact Fee as a condition ef the Jan:mace ~f ,t ~uilding Pr~rmit by the rn~micfpa]fr'./, the Impact Fees ,.:he, Il he ur;flecked as prc, vided in Section 2.05. K The r;j,[jqat:ja:t for pnyment of the Park Impact Fees shall run with tthe lan,d F. in the event t. hat a m:ilding Permit issued for a Parks and Necreationa] Facilities; impact Construction expires prior completion of 'i}le Par}la aIid Recreational Facilities Impact Co~lstr'dc:~icn fO: '..,'hich 1:1 ~..,,:~; issued, the Applicant may within ninety ;9o} d~'/:; of 'h,: e,..p"~:ation, of Ilhe Ntlildi~lq Pernl~t apply for a refund of the Park Impact Fee shall :,,'aive an7 right to a refund. i. The appiJ-:ation for refund shall be filed with the Csuxtl' ;.tanager and contain the following: (a} The name and address of the Applicant Ih} The location of the property which was the subject of the Buildir, g Permit; ,'c~ The Flare the Park impact Fee was paid (d~ A copy of the receipt of payment for the ~'2N~ct Fee; and :_he da~c of e>:pi:ation. 2. Afler verifying tlhaE ~he ~hlilding Perm~ tl has e:<p{:'ed and ~hat :.h,: Parks and NecroatJcnal Fac]] it{es Impact C.3:iS~Ii~ICT. i.,DR has not been completed, the CourtLy t,lanag{:r r:hai] reft;nd the Park lmp~cN Fee paid for s~:ch Parks and A [hii!ding Permit which is subsequently issued for a Natks and Necrealtional Facilities Impact ConstrHct~en on the same property which was the snbject of a refund shall pay the Park impact Fee an required by Section 2.01. Section 2.03. Use of Monies for Regional Parks. A. The [~e~rc] hereby estab] J shes a separate [rust account For tho Par}: i mpa c~i Foos paid hy the mHnicipalitjes located within C5!I ier Co~lnty, to ho ~es/gnated as the "Regional Park Impact Fee 'Trt'.st: Accc~:nL" which she] ! he maJntai, ned separate and rece i N ti . T:~mt_ Ar,':cx;::t: r:k ~l i h~: '::;ed s;,]~i)' for the ~urpese of provic]ing g]'owZh nc:ces:;izated c:;;:st~nctJon improvemr:n[n and additJen~; ERe Regional Parks wi',:h:.n the Co~n~t:y including, hn~ not limited ~c: ~'1~ Ites[gn and const, n~c~ion plan preparation; (2) P~trmitting and fees; ;2) Land and T, aterialn acqu.isit:ic, n incl'uding any costs ~f ~:cquisi~Jon or ccndemnation; 141 Ccnstruc[: ion and design of improvement r; and ~ddizlcns to Regional Parks; ..... , . ,,p,o ............ and addiLions [~e:cj J c. na l i6~ Relocating u2i!ities required b7 , he c'enr.;t:'uct_ion of :mprc':eme:,~s and additions to F. egional Parks; '~) C~:tr;tt:;t;cti~m rnana{jement and insper:tt~on: ~,~ ~u:-..c-'.,inq,. ¢, . :~o!lz ~nd material r~,st lng: Pa rk s; f I ! ) Repa'/ment of monies transferred ar borrowed from an'/ budgeza:7 ~,~ .... zhe Count7 suksequent zo the adoption of this r)rdinance, '..:hJch were used tn fund an7 of. ::he growth irr. r, nc:. ,;d, ir(.: :'~v.'r.m,'.~:'. ..... :: r:r a';,~it, fons as hereir, provided; reserves ¢;,:~ co:;t.s of issuance under an7 bonds or o/her indebtedness issue-] h'/ tlhe Count':, to fund growllh impacted imnrrs','emenr, rl and add[Uion:n to the Regional Parks subsequent tc tihe adopt:on of r:his Ordinance: ,'l'~l Prrlmh lrn~.mr, nr o~ excess Park freD,nc:l: Feel; dur: aD :'eqt~i:'ed t37 ?,:git}hal Park facilities and f~5) -~ the e:,:rr.~2 provided b', law, reimbursement or :-ef~:zd ~,f ~'r,/;?.s incurred b':' the Count7 in the preparahion of ~:~';' ,:p:!az~. ~ (3 th~. impnr't' Fee St:nd5, adoplted pursuant Se"' ion 1 . c.; and an':, amencir, enEs or supplements adopted purs',:n:tt to S,:c~ic:'. l.,q~ ~,:w] :~:~l.' oliver administrative c(~sts inc:t,'Yed. . hv, tlhr-. . CC;I:;i* ',,' Fl:ntis r,n riepor; i t i :: the Red i o::a 1 Pa rk impact Fee TYtlSL Acc()lln~ shall not: ire :sr~d for a:v,., e:<pen.iit, u:'e that t.;o~ld be clar;sifie(: as a maintenance o:' rc:pai: e:,:pensu. ]Pp C. The mor,~es aep ,h~ted into r. he Regional ?ark Impact Fee Trust Account shall he used solely to finance improvements and additions to the Regiona] Parks required by growth as pro~ec~ed in the impact Fee Study. D. .:,n'/ funds on deposit which are ncr immediately necessary for e:.:n~::'~ditnre shall ~',~ invested by the county. A]~. income der~'.'ed from such inveskmen~n shall he deposited in ~he Park impact Fee Trust Account and used as provided herein. To ~he extent permdtted by law, any interest accrued on Park Impact Fees '.'hidl is not needed for improvements and additions to the Regional Parks rn:]y, at the discretion of tile [~oard, he tlsed to f~:ir] waivers or deferrals cf Park impact Fees pursuant to Section 1.2.1 cf this Ord{n,~nce. in add[tion, r.o the extent permitZed by In'.<, any accrued interenh cn Park impact Fees '..;hich is :tot needed al{screW!on of the Eoard, be used to fund waivers of Park Impact Fees if :zhe Board makes ~he following findings ~y resolution: :~. The entity requesting a waiver is a not-forprof]~ r'r-,:-r,c ra t: ] c n or business, or charitable crGnnixar, i r n,. h. The entitly provides services to low income -,,-,"'; low income citizens of Collier Coun[y at reasonable rates; c. The County does nstl provide such services; 'i The prc'.'~ n ~ ct: c,f services provir]es subsl~an~i al 't .:h; ~' :' ~ c: ! e:,t f ;;Zr~s iR tlhe Park lm/:actl [.'eo r::.: i stl tlC, ~:rld the '.,'a ;'.'ers; f. Funding ~or th~ '..,'~iver will only be used ~rom Lh~ fund for '...'hi':h tth*. '.,,,a]ver is grant,zd; and g. The entity is a child care or similar support facility '..:hich is included in tlhe original site '~ ~:'.',: i o[x:~e :~ ' pl a:'.n of an a[ ferr]ab]r: housing nrr~-iectt and '...'hick project has qualified for an af fr~rdahle honsi r,g wa [ver or deferral. The resoiuuicn adopted by the Board shall state such 120. fin?,Jngs and aut!:orize the payment, in whole or in part, of ti:e Park impact Fee. E. The P~rk impact t.'e~ col !eot. ed put's~mnt t:o hhJ s Ordinance sl~a[l be returned ho the then current Owner ~f the prcpert'.y for '..,'hich such fee was paid if such fees have not beer] expended or encumbered prior 'o the end of the fiscal year immediat~]v ~cl lc'..~inn t'he sixth anni~,~rsar'., or tthe ~]atte upon which such fee was paid. Nefunds shall be made only i.n accordance wi'h [i':lq fci!o'..;ing (l, The then o;rrent Owner shall, petition the Board for the refund prior to the end of the fiscal '/ear immediately following the sixth anniversary of the date of the payment of the Park Impact Fee. ~3'.} The pehihic;r, fo:- refund shall be s-:bmitt~.d t:z t he :.-.r. it :~,:'.e:' is ' h:: then 7ut'l'ent O'..,'::er of the properhy for · ..:h:-'h ':,,: rrrpact F~.e '.,.'~s paid; i. ;.. r:~,[,,;, r,f the dated receiph inr;nerl flor payment: · t s::ch fee ~t :;t~ch ot)leF record ar; would indicate ,c', A c:erti[ied r'ony, Of the latest recorded deed (d) A copy of the mos~ recent ad valorem tax b:ill (1) t. Zitlh.in throe (3) months from the date of receipt a pet::tticn for reft]mr!, the Parks and Recreation D[rec[or Impact: Fee tequest:er~ for refund, and i f nnch impact Fee has net: teen expended rs:- er]cnrrhc::'ed within ih/; applicable t: period, t:hen it shall he returned ~o the petitioner. For ~he purposes of ::his Section, !ecs coilec~ed sha[~ be deemed to be spent or er]cumbered on the basis of the first fee {n shall F. Any r,:,.'ne: eat:tiled ttr a :-ef~nci '...'ho ;~i'r; t:o file a t. imel':' pet::~:ir, n for a Fr~ft]Rd ::pon becc, min~ eligible ro do no sba i i }:.1: ch:creed rio ha'.,o '..ltl ired arty c:l aim for a Fr:f:tlnd, arlCt il)lo ]2 ?ees for gro'..;Lh necessitated capital improvements and addihJons t.o the Cc,~nt7 Pa~k System. Section 2.04. Use of Monies ~or Non-County-wide Faci].i. tios. A, The Bon:-d herebV establishus a separate trusT_ acconn[, for the Park imF, act Fees paid by the unincnrpora~ed area of Collier Counzy, to be designated au the "Unincorporated Fark Impact Fee Trust Account" which shall he maintained separate and apart fret, al] o':her nccounts of the County. All such [repack Fees shall be deF,';r:itz,-.d int.,3 n'.:ch tn:st: account immediazely upon vece [ pL . The monfer: deposited into the Unincorpora[ed Park Impact Fee Trust Acconntt sba 1 ] be used for the purpose of provi d]ng growth nccessJtat_ed construct]on improvements and additions to the Regional [.arks or Community Parkr; within the County includin,~, Nut n~: limited to: {I} Denign and construct:ion plan preparq[:ion; (3) Land and materials acquisiT, ion including any cosLs oF acq~[sition or condemnation; (4) Construct ion and design of improvements and additions [.o Regional Parks or Community Parks; ~5} De~:!gn and constv~d~[on of new dra[nage facilities required hy the cons~ruc[icn of improvemen~n nnd additions to ~egionai Pat-kn or Community Parks; ~6) Pelocn~ing ~t]liLies required hy the const:ruction of ]mprc, vemen':s and additicnn tko Regional Parks or Comm~]nity L ;:~'!r;c:ap it',i!; ~9 !.;u:'veyip, g, sc:is <:n,'! mat:erfal ttesttinq; ~lO) Acq~:isitic:: nf ca:~i',,al equipment for Regional Parks or Community Parks; {i i } Rop.~ymenll of monie:; t:ransfer~'ed or borrowed [rom any hnd%:etary fnncl ef the 13t:nEy snhsequent ho the ar]opllion Of this Orcli:lallce, '...'hich were use~l rio fund art',,, of the growt]l impacted tmprc,'zemen~:~: ,7:- ad'litticnn as herein prcvirled; 13 ~12i Pa?~ent of principal and interest, necessary reserves and costs of issuance under any hondo or other indebtedness issued h%' the Co~:nty t~o fund growth im[~acted improvements and additions Lo the Regional Parks or Commun]Ly Parks snhse~uen~ ['o t]m adopt]on of this Ordinance; ~1 ~ Reimbursr:ment of excess Park Impact Fees civic: an Applicant pursuant to Sect]on 3.07; ~'14) Design and construction o~ roadway improvements required hv Regional Park facilities or Community Park fac]liLies; and {1~) '7'o the e>:tent provided by law, reimbursement or refund of cot;Es incurred Ly the County irt t'h.~ preparaEion of an'/ update tic, the impact. Fee Study adopted puruuanE Eo Sect ion 1.04 anti any amendments or suppl ementn arlopted purs~mnE to SeqEion ].Ofl and any other administraEive cones incurred b5' the CcunEy. Fnnds on deponiL in the ~;nincorporated Park impact Fee Trust Acc:r:~nr. r;hal] r'.~,t_ be ~ised for any expenditure that would be classi[iert a:~ a maintenance r~r repair expense. C. The monies deposited into the Unincorporated Park Impact Fee Trust ;,ccounZ sba21 be used ~o finance improvements and additions t.o ~he Regional Parka or Community Parks required hy growth as projected in r. he impact Fee Study. if monies deposit:ed in t:he ;Jrt i r;,-:o FC, O :'n t ed P--i rk Impact Fee TtTu~t A,:count are ~{necl solely for Cornm~:n ] ty Parks, tthen the Parks and Recreation Director shall ensure that cEher ~tlndi~1~ sources ~rom t:he ~minc~r[~rated area are ~nect for Regional Parks r.o enr;ure thaE the level of r;ervice net: forth in 2he impact: Fee Study for derived from o':ch iF, vestments sba] 1 he deposited in tile lJI~Jncorporaked Pa:-k impact. Fee Tr~r]L Accot;n? and t:sed an provided herein, i'o the extent permitzted hy law, any interest accrued on Park ImpacL Fee~ '..,'h i c h is not needed for improvements and additions -o Ehe Ne{jionai Parks or Community Parks may, at the dfscret, i:m zf t. he Boar:i, be used to f~nd waivers or deferrals of [¸1 12C Park impact Fees pursuant to Sect[on 3.04 of this Ordinance. in addiulcn, to, the extent permitted by law, any accrued interest on Park Ir, pact Fees wh ich is no~. needed for :mprovement s and additions to thc Re~iona! Parks or Community P~rks may, at the ~i~cret Les r~f t. he Rcard, be used to fund waiver:~ of Park Impact Fees ][ the Beard m:~kes [he roi]swing findings b7 renol~:t~on: a The entity requesting a waiver is ~ notl-forprof~t corporation or bus[ness, or charitable organization; h The entity provides services to !ow income or c Tho CotmKy does no= provide such services; d Tim provision of r;ervJces provides substantial benefits zo the citizens of Collier COtlflty. e Su[ficient funds in the Park Impact Fee accounts e>:i~t to fund the waivers; f Funding for the waiver ',./ill only be used from r. he fuxri [c,r v:hich th,: waiver is granted; and g The ent ir:7 is a child care or similar s~u~port facility which is included in the original site development plans of an affordable houri] ng prol~.ec[, and which project has qualified fat: an affordable housing waiver or deferral. The resolt:~lion adopted by tho Eoard shnl] ntat~~ such ~n Nam, cf t:t~e P~:'k Impact Fee. E. The Park Impact Fee col lected puusnant tie ~:his Ordinance shn]i be re~ urned t~, the t:hen current Owner of the prcpert7 fsi' which such fee war: paid if such fees have not been e:.:pende:~ r}:' esot:inhered prior to t he end of the fiscal year iramediace]7 fr~!ic'.,;in9 '.:he sixth anniversarl,' of the date upon which :;uci~ fee was pard. Refunds shall be made only in accordance wi th the Eel lo'..,'i ng p:-ocednr~:: {1) The then c:urrenZ Owner shall petition the [toard for she refund prior Zo the end of the fiscal year immediately f:~i]o'.,,'~n~ the sixth =~n:~ive'::~ar'.,' of the date o[ tile pa',,m~e;~t of the ?ark im,nactl Fee. ~:,.i The petit]on for.. refund shall be submJ.,t:ted to the P~rks and Recreation DirectoT, and shall, contain: [a} A notarized sworn st:a~ement that the petitioner is the then curren~ Owner of ~he propert.y for · ...'htch t:he impact Fee ',,':~s paid; Ih A cop)' of the dated receipt issued for payment cf suzh fee or such o~her record as would indicate F, aymen~ of m~ch fee; {c A certif]ed copy of the latest recorded deed; and fd A copy of the most recent ad valorem tax bill. ~ >:~.hin t~hroe []) months from the dnte of receipt of ;. Net ~tic~n fnr refund, the Pnrks and 2ecreat-.]c,n b~rect~r nd';Jse tlhq netit~oner nnd ti~e Board of the sr_atus of the !~pact Fee reqnested for refnnd, and i f such Impact Fee has not heen expended o: encnmbered within its applicable time period, then it shall be returned to the petitioner. For the p~rposes of this Section, fees col]ecsed shall be deemed to be spen~ or e:icumbered on 1he basis cf ~he first fee in shall he the first fee cu~. F. Any O,..;n e r enEitled ~:o a refund who f~i]n to file a timely petition for a refund upon becoming eligible to do so shall be deemed to have waived any claim for a refund, and the County shall he entitled to :e~.aJn and apply the Impact Fees for Section 2.05. Alternative Fee Ca]c~]lation. A. Tn the eve;iN 4n ;,ppl icant believes that khe ]mpar:t t_o County Park System :'est~lt { ng from his Parks and Recreational Facilities lmp~ct Conrtrnction in less [.hah the fee esl:ab]inhed i:~ Sec~ ]o:l 2.01, such Applicnnt may, prior to issuance of a N~:~ ]dil:G Pea'mit fsor such Parks and NecreatlJona! Faci ] ihies Tmpar:t CollStrtlCklOn, stlhmiF. -t ,-:alct{l:','tion of an Alternative Park impact Fee ho t: he of [ ice cf t:he Co:{nty Manager purs~anh to the Impact Fee, the Cra:sty Manage:' simll schedule ~ hearing before the Eca:'i at. a refjular!'/ scheduled meeting or a ~pec:Jn] meeting called for the purpose of reviewing tim Alternative Park Impact Fee and shall prcvide the Applicant written notice of the t:ime and place of the hearing. S,~ch hearing shall be held within ~hirt¥ ['~0) dsT:] of [he date ~he Alternative Park Impact Fee wnn subm i t ted. E. The A!terna%ive Park impact Fee calculations shall be based c~n data, ~ n fo::ma:: ion c;: asnumpt ions co::t.a i ned J n th i :; Crdin~qnce 51:id tlhe impac:r, won c- 7 independent source, prcvided thn~ the independent source ir; a local stud7 supported b't' a data base adequate for the conclusions contained in r;uch stud7 performed pursuant t:o a generally accepted methodology and based upon generai17 accepted aras,lard sourcer; of information relat ~n t'o facilities planning, ces~t analysis and demographics. C. '; a previ ous I ',,' approved Parks and Ret:rest: ional Facilities ~mpac:: Con~truct ion project submitted, during its approval process, an Alternative Park Impact Study consistent with the criteria required b7 this Section, and if such stud7 is determined by the Board to be current, the parks and recreational impact of such previously approved Parks and Recreational Fariiities impact Connt'ructi~n shall be presumed to 1oe an described i:t the prior :;filial'/. In stlch circumstances, an Al t:ernar, ire Park rmpact Fee sh~l 1 be esttabl is}md refl er:t] ng impact described in the prior slued7. There shall be a rebut:t'.able presumpt:icm that an Alternative Park Impact gruel7 conducted more than two '/cart; earl ir.t- is inval D. rf the Br',nrd determine~: t:hat the daaa, inEormntion nnd azmlu?{ it;:::; .::i '. i:~ed r;'..' th,. ;,ppl icnnr, to calculnt:e the Alter:taLive Park [mpac-t i.',~(~ c:c, mnl les ',.;ich the requirements of this Section a .... that the ;,ltternaZ ire Park Impact Fee was calculated b7 the use of a generall7 accepted methodology, the Alternative Park impact Fee shall be paid in lieu of the fee set forth in Section 2.01. E. if t:he ;~card det:ermin~:s that: t:he data, inliormation and as StlmDt: i <);:s. tit' i i i ::cci ,,,,.. t:h,- ;q',p l icant tic, ca ] c:tl] at_e the Al ternnt. ( '.,,: i:n: k l:f;pacl ?r.. doe:; not ccmpl 5.' wi [h t.h(: ~'er[~l i rementn off t:hfz Section or that t:he Alternative Regional Park impact Fee t,;af; net: ':al~ulat-e:~ by a gener,',lly accepted metthodolorjy, then t:he (:ount7 :;ha i: provide to the /?rs] icant: by cert i fJ ed rna.i ] , rettnrn Alternative Park Impact Fee nnd the reason therefor. F. The decisi, on of the Board shall be in '...,r~ing and wlthJn ten ~!O) working davs of the review. G. An'/ Ap[~ I. [cant c~r Owner who has submitted n A]ternnri'.'e Park Impact Fee pursuant to this Sect'ion and des]res the immediate isnuance of a Building Permit r;ha]l pay prior to nt the ti~e the requentt for henrin9 is fi]ed the app] ir:able Park Impact: Fee pnrs~]ant to Section 2.01. Said pak~ent shal.] be deemed 1),] i d nnder "Protest" and shall not be construed n~ %.;aiver of any r~qht of review. Any difference between the amount paid a:~d the amount due, an determined b}, the Roar:d, shall Af~TICT,E i Il MISCELLANEOUS P~OVIS iONS Section 3 01. Exemptions. A. The follo'..~ng shall be exempted from pa},ment of the Park Impact Fees: i Alt~erations or expansion of an e:.:is~ling Dwe]~ lng Str~c[:~:t'es which ?,'i I ] net create additional Df/el ] in[j Uni ]. The rep] acement of a Dwel] ins UnJ t ',/here no nddit:icna] f>..,'el!inff Units a:'e creazed. 4. '['h,~ c~nnltruct, ion ~f pub] ic]':' c, wneci Re~;J dent'. ] n ] paid. Section ].02. Changes of Size and Impact: Fee:; r;ha] ~ be imposed and calcu]nted for thd alteraZJcn, expnnr;ion ~;r- replacement of a nuilding cr Dwelling Unit c,:- ~ he r:r~:~;t:uct ion of nn Accer;sor,/ ~h:ildJng i.f the Unit: r,r the construction of an Accesser:/ Building results tn a ]and use determined tr) increase the number of Dwelling Units. The impact Fee imposed shall the upon each additional Dwel 1 ~ng Unit crea[ed Ny the alteration, ezpansion or replacement cf the Building or D',.;el l~ng Unit or the construction c)f nn Accessory Bu ~ ] d ing. Section 3.03. Vested Rights. A. Any Owner of land which was the s~]bject o~ a development order prior ~io the effective daSe of this Ordinance ~ay petition the Beard for a Vested Rights :]etermJnatJon which ,.,]o~]d exempt the ] an(lo:,:ne r from hhe provisions of th~s Ordinance. Such petition shnl] be evaluated by the County Attorney and a decision made based on the tel]owing criteria: i. The existence of a valid, unexpired governmental act of the Courlt7 authorizing tile speci~5c development for which a determination is scnght; 2 H:.:Dend i t'~]-,, s or ob] igations made or 5ncurred roi iance upon tile authorizing governmental act that are reasonably eqnivalent to the fees required b7 this Ordinance; 3. Other factors that demonstrate it is inequitable to den}' the Petiticner the opportunity ilo complete the pre'.,i c~s !y approved development under the cond~ t:iens of approval by requirin{j tlhe Petitioners to comply witih the pa:'agl-a[,h, Lb,: f'r) llr~'..,'[ng far:l or:; shall hr: r:onr;irlr, red determining v;hether ir. i:; inequittable I:o deny tzhn Petitioner the eppert un i t:y t:c octopi cite l:b.e previ o:lgly approved developmentt: ~.} Whether t:he inj~lry suffered by tlhe PetitJouer qr; for:,,'~i d ,..;i :lho~]E pa'/men:: off the impact Fee l'eqN i red by thin Ordinance; and ih) ;.:het:her the expenses or obligations for t:he development were made or illcnrred subsequent: to the ~-ff,-:cti'.'e date zf this Ordinance. ~. ire Cct~ntiy AtLnrney nh,~ll make a writtten determination an t a '..'he~ ho~' t'l~e ~,'..,'ne: h~s r.r;ttabl inhert a '.,er;fled right in the 12C 3 Parks and ~ecreational Facilities Impact Construction and, if whether the deveicpmeu2 would exempt Khe O,..tnc~r frc, m Lbo ;,.sy Own~:t a~gri,:ved by a decision of t. he County ALLot'ney Section 3.04. A[fordahle Housing. A. Pt~rsuant rio the guidelines established in this SecLion, the Ccnnty shall (1) waive or (2} defer, as applicable, the payment cf the [mpacL Fee for any new owner-occupied er rental Parks and Peet-eat iona] Facil ities Impact: Const~:)ct ion W)l ich quali£ies :::: Ordi sa.ncc. deferral An',' pernon seeking an ;:f[ordahle H~,uning waiver oF fo:- pr'opczr:d Parks and Recreat:Jonai Facil flies Impact Constrt)ction shall file with the Co~mty Hanager an Application for waiver or deferral, prior to receiving a Facilities 7mpac~ Consr. r~c~ion. The Application for waiver or deferral shall contain the following: ia Thc. name and address of Lhe Owner; {k, The legal description of the Resident. ia! property upon which khe Parks and Necreat ~onai FacL!itles impach Construction shall he consKructed; fo} The income level o~ ~lhe Owner or ! f the Owner is a h~::.],~er, the inc:-w:~e level of the household rio which the m..'eiling l;nltl '..iii! Ne sold or rentecl: ~r); The n~nnbe:- '~( hr:r)l'ooms in each D,../el]Jng Unit c~f the Parks and Necyeat icnt~l Fac{lilies impact ~2~ if tthe proposed Park;} and Recreational Facilities [{ot~s:.ng '..;aiver or c{,:frrrra] as soil forth in r.)lis SeCL[On, then the County t.lanager shall ~ssue an Impac~ Fee waiver er deferral , as applicaNle, t:o the Owner or Applicant. The Impact Fee waiver or deferral shall be present, ed in lieu of paym,~nt o[ Lite impact Fee p~:Fsuagt r.o Section 2 .62 . B. To qualify for an impact Fee waiver or deferral, an owner-occupied Dwelling unit m~lst: meet: all nf the fol lowing criteria: ,i ~ 'The Owner~'s) or anticipated Owner fr;~ of the D:..;,~] ] i::~ !7;nit m'd~;t ~]a'.'e n '.'er'/ iow, ]o'..1, or ] r:'/e] , ~.t the T.i~e Of i~mnce nf the irnpac= deferral, ac{ those tterms are defined in Appendix }t, nn:] the r~onth]~' pa~c:ent to pt~rchase the unit must he t,;]t:hin the Affordable Housing guidelines established Jn Appendix R. A Dwe]] .ing Unit nhai] qunlif7 as owner-nccupi ed it n !ease-purchase agreement is ]n effect at the date of issuance qf the impact: Fee '..,'~]',,er (~r deferral or wit:tin date of ]nm~ance of the certif!ca, ce of o':cupnncy nF the cc.:ecu: ion of the lease-purchase agreement, '..~h ] there r later, the c, Ftion to purchase ]s exe[cised anti ~he purchaser take[; ownership of t:he Dwelling Unit. if the purchaser fa]is to purchase the Ds, eli ]ng Unit within the r',,,'enty-fot]r irt. meal ] nt:e ] y repaid unless the Dwe]]in9 tltlj h is sold [_o anether qu:~] if'fin7 Owner. ~2) The O'.vnet, or if t:here ]s more than one Owner, one of the Owners, mush be a first-time home lnuye~'. To qualify m:vnermh!p ~nt:erest ~n h~;,/her :~rlmar'/ residence "4 ~ The i>...,el i ing Unit mt;st remain Affordable I{onsin~ for fifteen '15) ;'ears ficm the dale a certificate of occupancy in issued for t!;e Dwelling Unit, unless the Impact Fee in :'ep~id to the Cc, unt'/. C. Tc ru~a', iff)' [o:' an 7~F, ac/. ["r'e .... derr.~-rn~, ~ ~, a b'..~r:lling TInit offered for ]'enL n,:~st meet ali o[ the [ol]owJnq criteria: ,'] , 'ThQ household :',':;l[ ing tihe ~'..,'el] i :~ ~Init: munl: have a vet'/ ]c',,; of 2o,../ income level, at the commencement of the ]e,-,seho]d anti dut'i~lq the dnra~tJon thereof, ,'~n t:hone liermr: are ,2: ?he Eweiiing Unit mllst B(2 th~ pe ~. mar. eat residence. D. Ail impact Fees deferred for owner-occui~ied Dvte] Un]ts at :he :]~e ~:he Building Permit was issued shall become and paT~h:e .~::q thai: l:~ ]remedial:el?' repaid to the Co,mtV ~:pon the sale of t:::~ :M.:ellin: Unit to a non-qualified purchaser; provided, however, if the Impact Fee oeferral was paid with SLate Housing initiatives Partnership [SHIP] Program funds, repayment will be made to the Collier County affordable housing trust fund. For purpones ~f :.his Sectinn 2.04, n non-qualified pnrchaser i.s a Pe:'~r, '.,.'h~ dnen not: natisf'/ the Affordable flouting criteria set fo:t'h ~:: :;::bsect ion R a~:~,.'e o2' 1 Pernon '.,.,ho r]oo~ not n!j~-ee to the to:mn ':f the :.:&iver o:- de:efta: s: impacL fee:x aq:eernent. K. The :mr, not Feet de~e:rr.:i for rear, a: D'.,/ei]Jnq Units at: the time the [milding Permit was issued shall became title and r:hall he immedfat:el7 repaid to the Count7 upon the <fir;continuance of use of the 7,:.:ellinq Unit as Affordable Housing or fifteen :,ears frc, m the :late r,f issuance of the certificate of occtqmnc7, whic~:e'.'e: ~/:,'::::-:: ffrr::.. F. AttV imF, tact: :,'een wa.ired for an o:,:ner-~ccupied Dr.;cai :;nat at the time a nuildin9 Permit was issued sha]] become (]Ilo and pavable and ::hall htr immediately repaid t:o the County if thc: Dwelling flail ir~ s~z]d or frans[erred r.o a non-qua]]fied purchaser (h~z-ing the fi fir. et [1~ ),ear perio~ aft:er the certificatr2 Ordinance for fi fleet ~ 1 ~) years after the dale the certificate of occnpanc'/ is issued for the Swelling ~Jnit, the Tmpact Fees are no lonqet d::e and r.h~, :ie:: or: the D?;e] 1J n:i tlr:it :;hall be (;. The perEer:t:a<je s,f r. he Eotal impact: Fee which shal I wai';ed ,%r clefel;:e-I Fu:-nnanl: tlC: '.his Section for an owner-occnpied 22 n:: rent.al ,'.. [ ~ ',:r]nb, i e l{o~$inU D;Ir:I] ing Unit. Slhl] ] be t. he percent:age se': fozr. h [n ;,[~[-,endJ:< B. 'i'he TmDact Feen :.;ai'.rer] or de£er:'ed £;ha! ': ke a ] ir:n cn Lhe Dfc. perry untJ i al ] req~ij zement:s under thio Sect:JoE have been satisfied. ~l ~ ?,nm~al!7, ~he Gwner of a rental shall pro'.'i']e to, the County Manager an affidavit be fi]ed ',:JEhin t~hirt7 (20t c]aTs of the anni'.,eI:sar'~, date ~)f the issuance ct a certificate of occupancy', it the income of any unit renter which origJnall7 qualified as ver7 low or iow income ]eve] an del]ned ]n Appendix i~ exceeds the Affordable Housing benefit standards net fort:h Jn Appendix ~ by more than forty percent f40%} , then the deferred Impact Fee shal] become jmmediat:el7 r~r: a:]c] pa'/ab]e by [:t]e O'dt]er or, iH ,.hq alternative, Lhe Owner shall have ninet7 [90) days to comply with the Affordal~!e i[ousino standards set forth in nppendiz i2', if the household income of the qualified owner-occupied Dwe] lin~ Unit rises above the benefit standards for waivers and deferrals set. fort]] i;] Appendix B, [he Owner shall maintain the waiver nnfi/~r deferral. HotwJthstanding the foregoing, outstanding l~pact: Fees waived or deferred si]al ] be repaid in non-qua] ! f !ed purchaser, except for waived impact: Fees where the Owner has complied with the Affordable Housing criteria set forth cert/ f[caEe of c, cc~panc7. i. Thr' G'..,,r'l e F req~:: '.' i 7/~ an [ m[;a r:l Fee '...'a J vt: F of fief efTa] agreeme:ttt r;ha] i ?rr:vir]~. for, ,'ir '~ rrfnimt~m, :the fo] ]ow~ng and shall fur:her inc]ude r:::ch prnvir;ions deemed necessar7 by the Board to effect:ua:e ttbe izro'.,inion[~ of this f]ection: 'il The legal description o~ the Dwelling Unit. an c?.,;::er :,:hr; :.:;. i ] ~:,: ~;,:l 2 i::7 c,:- renttJn9 Ehe Dvtell Jn~ lJnJt t.o a :;ub~equerlt2 [~ilFCka~;e: or I ,':hr:er, the Parks and Retreat ional Facillcies :reDact: f" nnEruct:ion mt~s tt be r;o!d or rented to 3 order t.-:, maintain the waiver or deferral. Impact Fee waive¥s -or deferrals paid for with State Housing Initiatives ' '~ '~'' ., funds wSll one', be granted directl7 to bi:vets meeting Appendix B qualificaticnr~ and a~prr','al pr!:;r to Building Permit issuance. A Dwelling unit shni%_ qth]li'",: as owner-occupied if a ]ease-n, urchase, agreement i ~: : :: ,': f fcc r at. I;h<. date of i :;suance cf tl'.e impact Fee wn i vet ~,2' defe:-ra ~ ',: wit bin thirr7 ,'ts 7~ r. hr, r~.~ f , and within t '..,'ertL~.' - . ~ ,,~ 2.1 ,, ......... fl ~;m t'.)le datf~ ~f F)f t/he ]Q4se-O~lrChaqr, ac:-e-mont , whichever is later, t he opt: ion to put:chaste is r.:,:ercir;ed and t he purchaser taker: ownership the 1:',.:ol1 frvj f;nit_, if the purchaser fail:; to purchase lille D'...'el ~ ::iq ;;::iL '..:~Lhln t he t'..;en:'..'-~ (24 . our ~ mo:-,th neriod, t hen ut;lest: t_he F,v:eilin9 Unit ]s sold to another q,.lalifTing Owner. Fr~:' o,.,,'ner-occupJed Dwelling UnJtr;, the amount lmpar:~ Fees deferred aha] ] be repaid to the Count7 upon the ~;ale r;r transfer to a non-qual tried purchaser. If Impact Fees ',.:ere paid with State Housing Initiatives Partnership [SHIP] Prs. q:-arr, fi::7:,:;, repaTment: '..:i]] be made tn the Co]]ier Cc;',l::t:'/ Affr,:'d~:bl,~ Hcn:;ing Trust Funr], For rental unit:fl, t. he lmFact Feen iefe:-:-ed shall be repaid upon the rtiscontlinnance ,of use of :.he D',.;e]ilng Unit: as Affordable Housing or fJft:een (15~ ':'ears fr~m the issuance of a ce:'t:ificat:e nE nccupancy, ',.'hichr."er a.-:r:~trn first. , ,; i F;,:' c),,,,,n ,r-nccupjo. d D'..,'e ] ] inq llll il r; '..;here Impn(:t: Feet; ~.-:"e h.,e:: '.,:~ivr.'!, tthe C'.,.'e]] ~::'7; ~;nit tm:ct bt: utilized the r,: igin,-,] q.al i f',,'ing Owner, of n~:bnem:ent qua] i[ying 2.r,.; of this 3rdinance for z, fifteen {!5) 7ear period after the ce:',:ificnte of. n,zcupanc',' is issued and if him DwellLng shall he l'e[t.a:'] tlc, t.]te (:ount'.'/. If Impact Feet; '...,ere paid with repaTment. ',,,'; ',~ be ', ,~- r'r,! 21 12C 3 '5i Tim deferred and/or waived Impact Fees shall be a lien cn the propert',' which lien may be foreclosed upon in the ,:'.'e s: of non-- com~ I lance with the requ]rements of the ~r'oer, en%. ~]':e aqreer:~cn% described herein shall opr, ra;c as a }1en agains~ ~he P',.;e11~n9 Uni~. The ~ien shall terminate upc:-, the recordin9 o~ a release or satisfaction o[ ] ten ~n ~he pu~iic records of Co]iier County. in the case of a w~iver, such release or satisfaction shall be filed Lifteen ':'ears after the issuance of the certificate of occupancy ...... ac .uc, in co:r.~IJance ',.'iLh the agreement or upon repayment, in the case of a deferral, such release shall be recorded upon repa~,ent. d) Annually, ~he Owner of a rental Dwelling Unit shall provide Lo the County Manager an affidavit of comp] ance with the criteria set forth in this Section. An a f f :. da'.'] t~ trust he fi]ed within thi ri'.' 130) days of the arlnl'.'rjrsar':' date of t_he i SStla~C~ Of a certl/f icat. e of occ~ua:;r",', -, . r,,, the :ncome of anv, unit rent,,r_ which originally qual flied as ','cry !ow or iow income level as defined in Appendix B exceeds the Affordable Housing benefit standards set forth in Appendix E by more than forty percent (,10%) , then the deferred Impact Fee shall become immediately due and pa*/ahle hv the Owner cz, in the alternative, the Owner shall have ;:inet)' (90} days to csmply wJtih the Affordable tlonsing standards se': forth tn Appendix B. ~7; Upon satisfactor}' completion of the agreement requi rements, the Count',' shall record any necessary documentation evidencing same, including, but not limited to, a release of lien. ~,, ':: the event: the ~,'..,'ner is in default under this as:'eemen2, and zhe default is noE cured within thirty (30) da'.'s after '..,'r:zten ns~ice is provided to ~he Owner, zhe Board may bring a civil action Ec enforce the agreement, The Board shall he entitled to recover al! fees and costs, inc]uc]ing a~orne,/'s fees and costs, incurred b'/ the Board in enforcing this agreement, plus interest: at tile stattltory rate for juagments ca!culate~] zn a calendar day basis until paid. 12C 5 ,~,i The aoreement shai~ be hind~n~ upo,u the Owner's successors and ass]gn~. (~) The agreement shall ke recorded ~n the Of[lc(al J. The amsun~ c~ impact Fee waivers and deferrals granl, ed pursuant Eo this Section shall ~e limited, in total , :-n ~ he amoun~ appro[}riated by tlhe gsard at its [ ~}i,~1 [n:blic hr:~ring regarding the adoption of the annnat County hndget and the ams~lnt allocated to Impact Fee waivers or deferrals in th,, Col 1 County Hob;sing Assistance Plan, as established by County Ordinance }:r}. 91~19. Aii lmpac:k Fees waived or deferred shall be paid h}' kite ~c;~:'(] into the app:-opria~_e parks and ::ecreatJenal fncilitl!es impact: fee trust account within six {{} 7ears from date of the award of a wai','er and/or deferral as provided herein, hut in no event, late:; than that time when that amo~lnt is needed for a project [::nc]ed hy those impact Fees waived or deferred. The Board shall pay into [he appropriate parks and rec:l;eationa] facilities impact fee tr~:s~ ac~:o~:nt such amounts equal to any Impact Fees pre'.'icusl}' waived ~,r deferred by the Board, within six (6} }'ears from the date of such waiver, or deferral, but no event, la,er than the time such amounts are needed for a projecL ~nnded h".: those lmnact. Fees waived c;r deferred. Naiver~; K. An';' chlnqes ~3}- amendments tO Appendix B tlr thr~ f tlIldJ fig :'c'jtl i ~'en, eN [ s .~r~ 5[,t rtc] iR 'lhi r; Sect io:t ml;st occt: 1- ,~f; ail granted fc}r ,~ Parks and ~ecreat innal Fac:i ] ir.i~s Inpact Constrtl~t ~on project w~:ich cen:;ists r~f a Mobile Home. [,i. tIe~{t.:iths',landi:~cl any provisSons el sewhere in th Ordinance c.a th-. qcnt rary, any O'..:ner that develops an Affordable !{ousin9 ren2al apartment complex connis[i, n9 itl whole or part: Dwell fag Uni ~s serving very low and/or low in~ome ] eve] s and meeting all requirements, and r:ub~ect to ail conditionr;, Section ]. 0-1 si:al I t:e entitled to defer one htn~dred perc,~nt: flOOr) of the impact Fees applicable onl7 to re:tit rent-al Dwelling Urlftln nervJn9 vet'/ low and/or low income levels if: fi> all deferred Impact Fees are pnid r-,u or before ?he end of ai:.: 7ears from tti~e date such impact Feen are deferred; and (i i) thc rental apartment deve]opment nhall remain Afl flordat0] e Hounin9 qualified iunder Section 3.0,t of this Ordi. nance} for a minimum 15 7ears. Il. The [ioard, in its discret, ion, ma7 agree t,7 Reso]nt. ion to :;uloorr!inate its Iien for Impact Fees to a primar7 lender and/or government funded affordable housJnU loan such as SAIl, or HOME loan if Owner can demonntlra[e that. a subordination in to obtain financing and, in the cane of renta] 9wrtllinq Unitr;, if the Owner provider~ additional ~ecuriCy sazialactor7 zo the m~ch aa addihiona! or substitute collateral in the form oR car;h or cash equivalent, financial inn~rumenZa which will 7ield hhe full amount ol the deferred impact fees at the expiration of the period of the d,~ferral. Section ].05. Al~ernativa Collection Mathod. in the event the Park Impact Fees are not pa [d pti or t.o the issuance of a ~ilding Permit for the affected Parks anti RecreatJanal Faci] it~ez Impact Construction, the Count7 proceed tt~ col lect tho Park Impact Fees as a. The Co~:nr.7 rd:al 1 serve, by cerl:i f Jed mail , ret urn Applicant ati Lhe address ~;et forth in the application for Building PermiL, and :the Owner at Lhe address appearing on most recent records maintained b7 the Propert7 Appraiser of the County. The Count7 st:ail alan att:ach a cop7 o[ the "Ilotice Impact Fee StaKement" t.o the Building Permit post:ed at the affected Parks and P. ec:-ont:ionnl Facilities impacl. Conntrtlctirm site if the Bui]din9 is nnder coast:ruction. Service shall deemed effective on I.he date the rettlrn recetpt inrlicate~ the notice wan received !>7 rrither the Applicant or the Owner c,r the ]'7 1.2-'0 c!at'e said noti,.:e was attached to the gui]din9 Permit, whichever occur~ f~:'::?.. The "UetJce of Impact Fee Statemer:r" :;hall c~nl:ain Applicant and the Owner as follows: 1. The amonnt due and the general purpc>s,:, f,~r ,,.:hich t:he Park Impact Fees were imposed; 2. That a hearing purs~ant to Section ~.q7 ma7 r,~quc:st~-d within ,,, calendar days from the e[fec' i'.'e date servic,': of r he Not ice Of imp:lc:tl Fee S2at:cln¢,n~ !,7 makinq applicntion to the Office of t.he County R~naqer. 3. That the Park Impact Fees shall be d,. inquest not paid anti received h',' the County within 30 r:,,lendar da}q: of tho eff~echi'/e date of service of the Hotljc:e .,f Impa<L Fee Statement, e"..c ': tic, i~g the date of receipt: or i f t hearing is nc;t :',:c[l:erltOrl pllFf;ll ] [Iii ['0 /;rrCk i<~: % . F,V, and, ;:}~'~D bc:c:onli and · t . That in the event tile Park Impact Fees become delinquent, a lien against the property for which the ~t~lldin~ Pozmit was secured shall be recorded Jn Lhe Official Records Er;:',k q5 the ,';:~unt7. E. ';'i',~: i'a: k rmpac': Fo:er; shali be delinclt:ent: i¢ '.,Jitthin calendar da';'s 5:'5, m tho ,~ffecrive daze o~ nervic~ of t h . rlotzic,~ rmpact Fee Statement, neitther the impact Fees have h,.,.n paid nnct received b'/ the Cotlr,(iy, IIOI- a hearing is requested ?Irrlllallt Section ] .aT. 1:; the event a hearing is reqnostecl p:lrsuar;'. Ser~ isn ! . aT, : hr- lmp:,c': Foer; nhal 1 hr:name de! inquent : f nr, t' pa id within 30 days ;:-,:,;:: ....e datle the Board determiner; r:t:~: amount, of impact Feet; d,le ,:pon ' ~', r:~nclunfon of such hi. acing Al I t. ime periods ccr:tni:xeri v~ithin thin Oldinance ~;hall be cal,u~:lnted on a calendar clay basis, including Sunciays and legal h:,l idays, but excludino the effective date of service of the Hoti~'~. of Impact Fee Stnter~ent., c.r the ,inter cf fha Board's decision i: :ibp event of an appeal . l:: tlhe event the due date fa] l.s on qunday or legal hcl ida':', ' he last: due tin,tr, prior rio becomLng rh}iinquent, shalll ':)e the :to:.:': bur:iner;s day. lidos becoming delinquent, a 2~ (ie]inquenc':' ~ee equal zo 10% nf the ',tot:al 7mpact: Fee sha] ! he asse~.:f. 3uch r_e, tal ~mpa¢'t_ Fo,.:, plus del i nquency fee, calcuiased s:: a cnlendar day basis, unt. il paid. Eh u'ld the Pa:k impact Fees becmme del inquen2 a~ net [o:'z'.: ::-. .2~:h.r;ec: izn n, she Count'/ shall nerve, by certi f~ed mai reZu:-n :ecetpz :-<.quesued, a "Ho2ice of I, ien' upou She delinqnen2 ADD] icant, i [ the Building is under construct ion a~ th~ address indicated in the application for the Building Permit., and upon the delinquent O'.,,'ner at the address appearing on tim most recent recordn maintained by tim Property Appraiser of the CountV, The I;otti ce cf f,i e:: nhal] notify the delinquent. Applicant and delinquent C',.,'ne: t. hat d~m ilo thr-lr failure to pa)' Lhe Park Impact ~.'e~.~, the "ot:nt.y ::hal! file a Claim ef l, ien '..,,il.h t'.hr. C]pl;k of the Court far recording in the Official Records off the Connty. The Claim of Lien shall ,contain :the legal description of the p_~,~,~,~ , the am-t':nt c,[ the del inquent impact Fee and t h~ r]at~ County Attorney shall proceed e:.:pedittious]',' t.a csiler't . foreclose or c~herwise enforce said lien. reccrdin~ of the Claim of i, ien, as provided herein, a suit_ ma'/ be fiie~i to. fz:-c, rlzr;e said lien. ~::ch f~:-eclnr;t;:'e p¥oce,-Mings r;hall i iexs:, nr set f.~t'tlt; ::1 Chapt. c::- 1'~2, Fi3: i.ia Stat t:t. es, which prcvir:izn:; a:'e i',ereh'/ incerporatte'i herein in their enttiret:,/ the same ,,::.:tent' an if m:rth prc'.*ir~ions were set forth herein verbal im. si:ail rer:,ai:: !:ens, c'~,?q::al with the lien zf ail stair:, co,InLy, district: and municipal 2a:-:es, superior in dJgniLy to all other filed lieus and claims. 'mtti2 i,aid as provided herein. 120 3 G. Th,-.. ,7oi ',egt.!o,':i ar.?, eF~J[orcemel':L pFoo:d~'t:es .,:e',: [ort'.h otzher ,;rdir:ancen or ad:~inisZrative ~egulatti'3nr: r,f t-.?m c:,~nnty or .~ny applicable !aw or admJnJst:rative reg;~lat_ion c;f lthe St:ate of T"] r~r ida . Fa i]l'.t +/: .i':f ,*the Cotthtl'.' Izr". f©l ] c~'.,: tho p':.-,'-ce,'!rlFrt o[ LJle CO:It:Z1.' ~:r ail',.' n!:i:l lc:able la*..,' or admini.strat~Jvc of 2he ~,'-.ate zf Florida. $,',¢~±on ].OS. D2veloper ¢on~ribuhion ;,. The co.;nE;' shall grant a credit_ aqainnt l.he Parl: impact required p',~rsuant: to a development, order or made volunt, ari];, connect~ion '.,,'ir_h Parks and Recrear. ional Fac:iii:ties Impact: improvemen2 sba! 1 be subject: to Lhe approval of :_he ftr>arrl and shall Ne an i::t:er:ral part~ of and a necessary accommodation to ars e:.:isr, ing or c.'3nt~:mplated Communitiy or Regional Park. applied shall be detiermi."-~e¢t att the t. Jme ::hat ::he Park 'Impact. Fees a,,'r~ paid a;:".-~rdir:q t'o :the fr',lle'.,,'i.,~q ::t:andarr!n ,3f va!ua:tie::: T!:,- '.'_~lue r~f the c;'edit ,'h:e tic;, tzh,'- develnper ,nn a calr:uiat:ert ::: a rrr;,:-,: d a :'~c n '..;{ t h Sect'{on 2.7.2.P,.1, r;c: 1 i,-.,r r'cx:nt:7 :,and I]e'.,elr, p:-'ent. "ode, enltJt, led "F,,:dicat :an of the [;~l':]!ic facilitties and :NN.'elcbm,'tr, r o[ pre~;c;'ihr:d am,:nit ies", as ils mai, be amended f :-,nm t ime t:r t: ime, or i lis successor .. ';'!;,: ':~:;~ :,[ ;ntzJc:iF,,{tted con'sl, rt;c:t:i~n c.,f :',:,":'eat::c::;,l ~'acilirlier: lmprovemel:1:r~ lin t Park S'..' r: t: ,: m shaii he based uF. cn cost- est~imates ,:eYt i fi~.d !'i.' a pr'.",fessio~'~ai a."'ct:it~ect r3:- engineer. ?. P:-~r,r ~:-~ !sr;~ance of a h',:ildi, nq Ferrnit ~ hn Appl](:ant shall submit ~:o the County Manager a proposed plan and estimate of costs for contribu~ ions to the County Pa:k System. The proposed plan and estimate shall include: ] A designation of tho Parks and IRecreal:i nnal Facilities Impact Construction for which the pr',F, osed plan is being submitted; L A ~egai description of any land proposed to be don-,ted and a written appraisal preparer] conformity with subsection B.1. of thfs Section; ] A i J:;t of the contemplated park and recreational farr]]Jt~es ]mprovements contained w[th]n the plan: 4 An estim,~te of proposed r:onntrnct ~nn c~,r;ts <ert ifJed hy a professional archil:r.ct: or engineer; 5 A p ropnr;ed t:Jme schedule for r:,~mp ] e t inn of F,:-:sF;osed plan. D. UNon re-:eipt of the proposed plan, the County Manager shall scl:edu] e :~ hearing before the Board nt a regularly schedulefl meeting or a [:pecial mee~in9 called for the purpose of re';JewJnI : he p:'zposed plan and shall provide the Applicant or C',,:ner ',,'Fi t',ie:~ ::',t [ ce of the t: ime and place of the hear] ng. Snch hearing shall he held within thirty (30) days c f the dale the E. The F~oai'd shall determine: ', if ~ttCh proposed plan of cost;truer J on ir; in r:c:t~:-mity '.,;ith contemplated parks ~:nd recreational 2. 7i 'l~e p:'zpx~r;ed plan il; cons;ir;~tent .,,itth tthe pl~b!jc: itl' .'l ,::;[ : nriri 3 . 15 ' he proposed cnnntructinn time s:hedule for the ccmple~iox of the plan is consistent with the County's capital {mprnvement progra~ for tlhe County Parkn System. 'l'~..~ :icc [r~iox c,f t he Noard ar; tln whether I:o accept the ?:%p:3s,zd plan of c]cml'.llsn or constructi%n shall be in w:'ttzJng ant] issued within ten (lO) '..;orking days of the review. A copy sba'ii be provided to the Applicant. ;;F,%:: a;:p'~'ova] c,~ a propc, sed plan of c,';n.,z,t:ructio;~, rbe Rsat-ct nP, al] determine, ti~e amnt;rlh of Con;;trt~ction credit hazed u[sLn the above standards of valnation and shall aDprGve the timetable for ccmplev, ion of construction. F. Ail construction cost estimates shall be based upon, and all construction plans and specifications shall be in conformity with the parks anq recreational facilities constr~:ction standards o[ t.h~. Co~nty. f..]] plans and specifications shall be approved by the Park,,; and 7~ecreation Director prior to commencement o[ coils t if~lct2 ~oll. G. Any Developer Contribution Credit granted from the regional park cosponent of the Impact Fee sbal] only be for those donati~;ns er contributions made :to a Regional Park. N. Any nevelcper Con:ri h~t ion Credit gr ~nted from ::he Community Park component of the impact Fee shall only be for those donatJGnn mr contributions made to a Communlt7 Park. I. Any Applicant who submits a proposed plan pursuant to this Section and desires the immediate issuance of a Building Permit shall pay prior to or at the time the request for hearing is filed the applicable Park Impact: Fees. Said payment shall be waiver of any review riohcs. An7 difference between the amount paid and the amo::nt due, as determined b7 the Board, shall be refunded to the Applicant or Owrw~r. J. irt the event the amount of developer contribution determined to be applicable by the Board pursuant to an approved plan of ccnst:-:;c: tan e;,:c;eedf; the total amount of impact Fees due by the Ar,p] ::':a;;t: h~,secl upon ::he co:~templated improvements t:o the Courtly Park System proi:osed hy tile Applicant, [the County shall ~::,:ecute with the Applicant an agreement for future reimbt]rsement of the excess of snch contribution credit from future receipts by the County of the Impact Fees. Such agreement of reimbursement sbali not be for a period in excess of five years from the date of compieuicn o[ the approved plan of construction and shall provide for a forfeiture c;[ any remaining reimbursement balance at the end o[ such five year period. 32 Section 3.07. Review ffearings. A. An Applicant or O~,:ner who is required to pay a Park Impact Fee pursuant to Section 2.01, shall have the right to request a rev'ie;,; hearing. B. Such hearing shall be limited to the revie'~.; of the following: i. The application of the Park impact Fee pursuant to Section 2.0] . 2. A Vested Rights determination under Section 3.03. 3. The denial of an Affordable Waiver or Authorization for Deferral pursuant to Section 3.04. C. Such []earing shall be requested by the Applicant or O'..,'ner within thih-t':, (20} c]a¥,s of the date of first receipt of the fo} ] c'~.r i ~]g: i. 2. Hctice of Impact Fee Statement; A Vested Rights determination; The denial of an Affordable Housi:lg Waiver or Authorization for Deferral. Failure to request a hearing within the time provided :;hall be deemed a walter of such right. D. The req'~es[ for hearing shall be filed with the Office of Count~, Manage~ and shall contain the i. The name and address of the Applicant or Owner; 2. The legal description of the property in question; 3. if issued, the date the Building Permit was issued; 4. A brief descrJpt ion of ~he nature of the co~s~: ruct ~ on being undertaken p~:rsuant to the 8u~ ]ding Permit; 5. ~f [~aid, ~zhe date the Park Impact Fee %.;as paid; and 6. A statement of the reasons why the Applicant or Owner is requesting the hearing. E. [lpozl receipt of such request, the County Manager shall schedule a hearing before the Board at ~he regularly scheduled meeting ~' a special meeting] ca?tled for the purpose of conductJng the hearir, g and shall provide the Applicant or Owner written notice of the time and place of the hearing. Such hearing shall be held within forty-five {45) days of the date the request for hearinq '..:a~ filed. F. Sn'::h hearing shall be before the [~oa~d and shall be conducted :n a manner designed to obtain ail information and evidence relevant to the requested hearing. Formal rules civJ! procedure and evidence shall not be applicable; however, the hear!nql she] i be conducted in a fair and impartial manner with each party having an opportunity to be heard and to present information a:z:~ evidence. ,'; Any Asp] icant er Owner who requests a hearing pu~;~;uant to this f;ection and desires the immediate issuance Permit, or if a Building permit has been issued without the pavment of the Park impact Fee, shall pay prior to or at the time the request for hearing is filed the applicable impact Fees pnrsuant to Section 2.01. Said pa~ent shall be deemed paid under "Prc~tent:' and r;ha]l not he construed an a waiver of any r e'.' ] e'..; H. An App]icant or Owner ma7 request a hearing under thin Section without paying the applicable Impact Fee but no Building Permit shall he issued until such Impact Feen are paid in the amount initially calculated or the amount approved upon cc~pteti~n ~,f t~he revie,,.: provided ]n th]:~ Section 3.08. Review Re~]irement. A. 'fhf:; ~'~,r ]~nance and the impact Fee Study r;hn]l be revlet.:ed L-,., the 2nard initfn]l7 in connection with ft:r: apprr)val of the capital :m[]rovements element of its Comprehensfve Plan as required by Sectlen 163.3177, Florida Statutes. Thereafter, this Ordinance and the fmpact: Fee StudV shall be rev]ewed at ]east every :h:'ee )'.:a::; The initial and each review shall consider in cr;nr~t.l';rzt ],',::. land ,~crlt~ir;it i c, n an(i relntted costs and adjusttmont:~; tc tthe assumptions, c:o:tclusions or fJndJngn net forth in t:he r;tudV arlo;;tted ~;':, f;ection i.S.i. The purpose of this review is to e'.'ai:~ate an,] revise, if necessary, the Park [mpac2 Fee to assure that tire':, cio not exceed the reasonab]], anticipated coats :'~:;2~¢:Jat:er! with the improvements and additions necessary t:o offset the demand generated by the Parks and Recreational Faci]itJer; Impact Construction on the Counti,, Park System. In the event, the ?e"~e'..: ~f the Ordinance required b7 t:h~ Sect:~on a]ter~ adopted ?.' :-e:erence in Section 1 .0.t, reviser; or changes the Co:::~t:, Park SS's' em or alters or changes the amount of impact Fees, the stud7 aJopted by reference in Section 1.04 shal! be amended and updated to reflect the assumptions, conc]usionr: and findings cf such reviews and Section i.04 shall be amended to adcpt I:7 reference such updated studies. R. Simulta::eous with the review of the Impact Fee Study roc]'.~j¥,'~(] ~% f;~bs~rCt. Jon A ~f th]r; Section, the Eoard nhn] ] ~evJew the capital improvements element of the avaJlabilit:~,, and adeq~ac'f of revent:e sot:roes to constrt~ct improvements and additions t:o t:he Count5' Park SS, stem: determined in the Impact Fee st:~<i:, to be r6:qtli rtt:] Lc, accr, mm~date c->:istin:~ c:e*.'elopment. Section 3.09. Declaration of Exclusion from Administrative Procedures Act. Hothin9 ccntz, ined in this Ordinance shall be construed or interpreted to include the Count~* or an5, municipality in t:he Count5' in the definition of Agency contained ]n Section 120.52, Florida Statutes, or to otherwise subject the connty or an7 m~micipa] it5, i:', the Count7 t:o the adp] ]cation of the Adm] nir:t rat: f ve P:'zc:ed::res Act, Chnpt:er ]20, :.'] orida Statutes. This c]eclarntic,:: r,f intent and exc]usion shall adp]7 to includin'3 specilicallT, buz not ] fruit:ed to, considerat:ion of a petition far Vet;Led Riel:ar; determination tinder Section 3.03, a determ ina:: i on of eat: i t: I ernen t to an Impact Fee Wn i vet or i:earing ::nde:' Se,::t:~on 3 Section ],10. Repeal off County Ordinances. Col] ier Count:7 Ordina;:ce Uo. 8~-96, as amended by Ordinance tJo. 91-39, as amended b5, Ordinance Ho, 92-29, a~; amended Ordinance ~[o. 92-97, an amended b5, Ordinance Ho. 9]-52, as amended t,-/ ~,rdinance Ho. 9-t-6. an amended b3, Ordinance 1~o. ¸{5 as amended b'.,' Ordinance No. 94-50, as amended bv Ordinance 95-2~, ar: amended bt/ Ordinance No. 9g-19, is hereby repea]ed Section 3.11. Inc]usion in Code of laws and Ordinances. The p:'c','in~ns of this O~-dinance shall become and be rondo a pare o[ the C~de of Laws and Ordinances of Co:lief Count),, Florida . The :';ections of the Ordinance ma7, be renumhered relettered to accomp]ish such, and the word "ordinance" maV be changed to "section", "article", or any other appropriate word. Section 3 . 12 . Severability. If anV c:]a~r:,:, r;ect.~cn or p:'o'.'~sicn o[ this O~dinaI]ce he declarr:d nnc%::stitutional or invalid for an)' rear;cra or cant;e, l:he remaining portion of said Orclinance shall be Jn [al] force and effect and be valid as if such invalid portion thereof had not been incorporated herein. In the evenE it ir; held construed by an}' court of competent jurisdiction that the County dc)er; r:oh pcs:;en~; the pc'..:er or a~thorit~, to impose the Park Impact Fee ?;it. hi:: municipal areas or t:hat: t:he imposition of the Park impact: Fees wit:tls municipal areas is declared /nra] id or nnconsti~ tuEiona ] for any purpose, such declaration unconst~tutional!tV or ]nvaliclit}, shall not affect: the valJdit:y or connt/t~l::iona: itV of the imposition of the Park Impact Fo,, in Cotln7.%,', ]:~ such ,:'.'erst:, EhaE ntlch ~mponJticn of impact: F,:es in Section 3.13. Effective Date. This ©r(tinance shall become effective upon filing with Flc. ricia Depar,t~.,en,'. of State. DULY ;,DOPTEI]~ J.n regular session, this ............ (~ay o~ 1999 . ATTEST: D%';IG}iT E. 9qqC? OF ,,'3OI,I,IER COt~ITY, FLORIDA Deput'/ ,.':lerk PAI.1ELA $. t.!AC ' KI E, Cha i ]-woman Opd,-,r, l 2 C 3 AP_P_E..U L) !M P_A_O_Z_ I_I_F£ .E.~AR A T_E S I Re~innnl i Commurfily T~)Inl Park i Conlpnnenl .l Cnmpnnenl Impact Fee Nnph,s Marco 3 The Inlln'.vm(i scl forlh lhe applicable definilions anti benefit stanch~rd:~ /\Iforrlahle Housing Dv,,elhng Units tor lhe purpose of determining eligihilily lnr Impanl Fen, waivers and deferrals (herein referred to as "benefils"). I. DEFIFIITIONS OF/,FFORDABI_E HOUSING INCOME GROUPS a) Vep/ Io,.v incc me families means those Families ,.'.,hose incomes do nnl exceed fifty pement F:':,0%,! of lhe median income for lhe area ns delermined hy lhe Secrelan/, el the tJ.S. Denartment of tlnusinq ar"d Urban Deve'.opmenl (area median income). ~, l_e'.v income h~mfiias means Ihose families '.',,hr~sr~ mcorT',,r:s are mr)re fi'wa filly percent L~0%) and do not exceed sl:.q',/ percent (6fl%) nf tile area median Incnrnn as rtelermined hy the Ser:rr;~ar'/ .qf Iht: IJ.S. Deparlrnent of t{r)tlsinrj arlrJ IJrhnn Devr;Inpmr;nl (area median ~ncome). c) Moderate income famihes means lhose families '.'.'hose incomes are more than .Slxly percerd (GCIQ:) anr~ da nnt e:,'cr:ed eighly percent (80%) of the area median income as rlelermir~erl hy lhe Secrelam/ mi Itu: IJS. Department of blousing and UrbFirl (area median internee) Fc;r :~ [}...,el!in.0 [)r~: l,n he determiner! tn he afforrtaNe, the mqnthly rent or rnrmlhly mortgage [m'..'mnnt, ~nch;din[j prnperty ta'..'r,.s and 'nsurnnca shall nnl he ~n r;:,:cess nf lhidy parer:at (3C":',,~ of the fz~q'ulies hnusehoh'l ~ncor'ne. In no inslancn v,,ill rental limils uxcer:.d the ranlal hods establis!;r:d hy the Florida I lousing Finnnce Agnncy for rents adHsled lo bedroom s~ze m projects assisled under the SAlt_ Loan Program or the Low Income Hot,ming Tn:,' Crertjt Pre;gram hosed on unit s~ze. I1 BEI',IEFIT STAt. IDARF)S a) Afl,erda!fie btr')~mmg r.,v.'ner-occupir:d Dwelling Units v./hmh e:,'clusivelv, serve very Iow income faml!,rm and .',arch are the o'.',,nrrr'S homeslaad shall have eno ht~nrlrad perr:r,.nl (1ar)%) nr lite apphcau,': Irr0hr:! Fzr..,:'., ,.,/?H,..Ft(1 pt~rsLmnl In the lerms qf the h'npacl Ordinancr; b.i .',fforrla!~Ie ~, ;'.:.ir',,g rentFil D'.',,elhnfl I,Inils ',vhi,';h o>'c~mr,e, ly .~r:r',,r; very Ir,,,.; mcr)ma farrnlres sar!fl hr:.';; one htlnrlred pr:trent (100%) rff hbo aDp!ir;aMc Ir'ni);ict Fee deferred p~lrsunr:t Ir) th;: t.tr;'nS of the Impact Fee Or( nonce c) Affordahle I, ~m~ng n',','ner-nccupmd Dv,'elling tJnits v/hich r;xclusively serw¢; Inv/-mcr)me farr, ihes and v. mch ar,"; the mvnr..r'r, hnmeslearl shall have fill,/percanl f.r~rl%l nf lbo applic;~h!e Impar:l t-,.<,~ v,,mved and have flit;, percenl (5Q?1,) r)f the applinnlfle ImlmCl Fee deferred [H;r%ljl][l~ tF t! Fl ',Ferrari Faf th,q Ir'n,r~nr:l Fee Ordinance Fl) /,f%rdz:ble ii::,:,:~c,,rj rr;c, ln! F)v.,qlhnr] IjnitS v,'hich r~:,chmivr:l,/ sep,,e Iow ~nr:()me families shall p%, fir!>' r,.:r:en; r~'?,'~ r)f lhe apfihcnhle Imprint Fe~, and shall have filly percent (5'3% ~ r,f lhe ..... ~ Fee a, d, I, i'F,F%qC[ deferred, pHrs~lanl ti) the terms nf the Impact Fee Ordinnn-'e e) /'-.ffc;rrh-:hle th,,r41Fh'-j ," .v;~er-nc,qtlpie,'l _l~v,'ellJn.(] Unqs which e:,'chlsively serve nloclorale ioof)me [,'~mdiF:~ :md ,.'.'high are lhe ov,,ner's homestead shall he required to tv.,enly-iive percrnl (2.'3' ,; r;f Il'u:: ;q]plieahle Impact Fee, and shall lla,,,e seventv-five percenl (7.'-)%,) r~f the apr.',:c:d:la Imp;~rt Foe deferred purstmnt t,"~ the terms nf the hnpacl Fee Ordinance 3 f) Parks anti Recreational Facililies Irnpacl Conslruclion which meels the criteria set forth in St~hsections b and c of Section 3.04 construcled I)y an Age, ncy r)f Collier Counly or hy an lndependenl Governmental A(joncy pursuant to an inlorlocal agroemer~t with Collier County and v/hich construclion is one htJndred percent (100%) government funded shall have one hundred percenl (100%') of' lhe Impact Fees for that conslrur:,lion v.,aived, pursuant to lhe lerms of the Impact Fee Ordinance NOTE: An Amendment tn the Appendix shall require a public hearin(] of Ihn 13nard of County Commissioners occt~rring after 5:00 p.m. R~FERENC£: 001230 ~$1563~0 ~78770~? NOT~CE OF plT~NT TO ~O S~ACE: 166.000 FILEO ON: 05/1~/99 Signature of Affiant TO Cm~ J F m'Jo~, the I~o~0 I 1 C~FIflING TI'~ TE~J V~ F~ ~E~W 1 ORDINANCE NO. 99- 39 PARKS AND RECREATIONAL FACILITIES IMPACT FEE ORDINANCE AN ORDINANCE TO BE KNOWN AS THE COLLIER COUNTY PARKS AND RECREATIONAL FACILITIES IMPACT FEE ORDINANCE; PROVIDING DEFINITIONS, RULES OF CONSTRUCTION AND FINDINGS; ADOPTING A CERTAIN IMPACT FEE STUDY; INCORPORATING BY REFERENCE THE COMPREHENSIVE PLAN; PROVIDING FOR THE IMPOSITION OF PARK IMPACT FEES ON ALL PARKS AND RECREATIONAL FACILITIES IMPACT CONSTRUCTION OCCURRING WITHIN COLLIER COUNTY; DEFINING THE TERM PARKS AND RECREATIONAL FACILITIES IMPACT CONSTRUCTION; PROVIDING FOR THE PAYMENT AND COLLECTION OF PARK IMPACT FEES~ PROVIDING FOR THE USE OF PARK IMPACT FEES COLLECTED; PROVIDING AN ALTERNATIVE METHOD OF CALCULATION OF PARK IMPACT FEES; PROVIDING FOR EXEMPTIONS IN CONNECTION WITH PARK IMPACT FEES; PROVIDING FOR CH~;GES IN SIZE AND USE OF A BUILDING OR DWELLING UNIT; PROVIDING FOR VESTED RIGHTS; PROVIDING FOR AFFORDABLE HOUSING WAIVER AND DEFERRALS; PROVIDING AN ALTERNATIVE COLLECTION METHOD FOR THE PARK IMPACT FEE; PROVIDING FOR CREDIT FOR DEVELOPER CONTRIBUTION; PROVIDING FOR REVIEW HEARINGS; REQUIRING REVIEW EVERY THREE YEARS, DECLARATION OF EXCLUSION FROM ADMINISTRATIVE PROCEDURES ACT; PROVIDING FOR REPEAL OF COUNTY ORDINANCE NO. 88-96, AS AME~ED; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR SEVERABILITY! PROVIDING AN EFFECTIVE DATE. BE i T ORDA; UED BY i'HE BOARD CF COUI;TY COMM I SS I ONERS OF COLLiEK COLT;ZY, YZOEiDA: ARTICLE I GEHERAL Section 1.01. Definitions. ',';hen used i:,, L?:is Ordinance. the following terror3 shall have the following m~-.~.n ing s, unless the context clearly indicates otherwise: "Accessory Building or Structure" shall mean a detached, subordinate struc'..ure, the use cf which is clearly indicated and related ~o :he us,: ~f the principal Building or use of the land and which :s !oca%ed on khe same lot as the principal Building. "Affordable Housing,, shall mean a Dwelling Unit which is offered for sale 3r :e?.% fo: an amount which is within ::he standarris set f o:-l}l and estahlished in Appendix ~. of this Ordinance, "Alternative Park Impact Fee Study" shall mean a :;tndy prepared by the Applicant and submitted to the Count}' Manager pursuant ts Sect ions 2.05. 1.20 "Apartment" means a rental Dwelling Unit located within the same Building as other Dwelling Units. "Applicant. shall mean the Person who applies for a Building Permit. "Board" shall mean the Board of County Commissioners of Cc!iier Ccunty, Florida. "Building. shall mean any structure, either temporary or permanent, built ~cr the support, shelter or enclosure of Persons, chattels or property of any kind. This term shall include tents, trailers, mobile homes or any vehicles serving in any way the function of a Building. This term shall not include temporar}' constr~:ction sheds or trailers erected to ass[st in construction and maintained during the term of a Building Permit. "Building Permit" shall mean an official document or certificate issued by the authority having jurisdiction, authorizing the construction or siting of any Building. For purposes of this Ordinance, the term "Building Permit" shall also include tie-down permits for those structures or Buildings, such as a mobile home, that do not require a Building Permit in order to be occupied. "Community Park" shall mean a Countywide network of parks and recreational facilities which serve the residents of the unincorporated area of Collier County. "Comprehensive Plan" shall mean tile comprehensive plan of the County adopted and amended pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act. "Condominium" means a single-family or time-sharing ownership unit that has at least one other similar unit within the same building structure. The term Condominium includes all fee simple or titled multi-unit structures, including townhouses and duplexes. "County" shall mean Collier Ccunty, a political subdivision of the State of Florida. "County Attorney" shall mean the person appointed by the Board of County Commissioners to serve as its counsel, or the designee of such Person. 12C 3 "County Manager" shall mean the ch[cf adminisl rati','e o[fJcer of the Count?', appointed by the Board of Ccunty Commissioners, or the designee of such Person. "County Park System" or "Park System" shall include all Community Parks and Regional Parks operated by 2he County. "Dwelling Unit" shall mean a Building or portion of a Building designed for or whose primary purpose is tot residential occupancy, and which consists of one or more rooms which are arranged, designed or used as living quarters for one or more persons. "Encumbered. shall mean monies committed by contract or purchase order ~n a manner that obligates the County to expend the encumbered amount upon delivery of goods, the rendering of services cr the conveyance of real property provid~d by n vendor, supplier, contractor or Owner. "Impact Fee Study" shall mean the study adopted pursuant to Section 1.04, as amended and supplemented pursuant to Section 3.08. "Local Government Comprehensive Planning and Land Development Regulation Act" means the provisions of Part Ii, Chapter 163, Florida Statutes (1999) , as amended or supplemented, or its successor in function. "Mobile Home" means manufactured homes, trailers, campers or recreational vehicles. "Owner. shall mean the Person holding legal title to the real property upon which Parks and Recreational Facilities Impact Construction ~s L© occur. "Park Impact Fee" or "Impact Fee" shall mean the fee imposed by the County pursuant to Section 2.01 ct, if applicable, the Alternative Park impact Fee. "Parks and Recreation Director. shall mean the Person appointed by thc Board or the County Manager to supervise the administration, operation and acquisition o~ the County Park System, or the designee of such Person. "Parks and Recreational Facilities Impact Construction. shall mean land development construction designed or intended to permit more Dwelling Un~ts than the existing use of land. "Person" sha] t mean an individual, a corporation, a partnership, an incorporated association, or any or, her similar eat iL}'. "Regional Park" shall mean Cou:~ty parks and recreational facilities designed to serve all residents of the County including residents of the municipalities. "Residential, means Apartments, Condominiums, Mobile Homes, Single-Family L'el_ached Houses or Assisted Living Facilities, ~s that term is defined in Section 400.402, Florida Statutes. "Single-Family Detached House" means a home on an individual lot. Section 1.02. Rules of Construction. For the purposes of administration and enforcement of this Ordinance, unless otherwise stated in this Ordinance, the following rules of construction shall apply: A. In case of an}' difference of meaning or implication between the text of this Ordinance and any caption, iljustration, summary table, or iljustrative table, the tex~ shall control. B. The word "shall" is always mandatory and not discretionary and the word "may" is permissive. C. ;4ords used in the present tense shall include the future; words used in the singular shall include the plural and the plural the singular, unless the context clearly indicates the contrary; and use of the masculine gender shall include the feminine gender. D. The phrase "used for" includes "arranged for," "designed for," "maintained for," or "occupied for." E. Unless t,ue conte:,:E clearly indicated the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by the conjunction "and," "or" or "either...or", the conjunction shall be interpreted as follows: i. "And" indicates that all the connected terms, conditions, provisions or events shall apply. 2. "Or" indicates that the connected items, conditions, provisions or events ma}' apply singly or in any combinat ion. 12C 3 3. "Either...or" indicates that the connected items, conditix~s, provisions or events shall aDply singly but not in .-:ombl na t i on. F. The word "includes" shall not limit, a term to the specific example but is intended to extend its meaning to all other instances cr circumstances or like kind or character· Section 1.03. Findings. It is hereby ascertained, determined and declared: A. Future qrowth represented by Parks and Recreational Faci!it~s._. impac~ Tcnstruction should contribute ~t.~' ~- fair share to the cos2 of improTements and additions to the Count}' Park System that are required to accommodate the use of such parks and recreational facilities by such growth. B. Implementation of the Impact Fee to require future Parks and Recreational Facilities Impact Construction to contribute its fair share cf ~ he cost of improvements and addit ions to the County Park System is an integral and vital element of the regulatory pla:: of growth management incorporated in the Comprehensive Plan. · ~,,- standard of service for the Count}, Park System, as determined in the impact Fee Study, is hereby approved and adopted b':' the Count':' and found tc be in conformity with the Comprehensive Plan D. Capital .ulanning is an evolving process and the standard of service for the Count}, Park System constitutes a projection of anticipated need for parks and recreational facilities, based upon present knowledge and judgment. Therefore, in recognition of changing growth patterns and the dynamic nature of population growth, it is the intent of ~'~'~ .... Board that t~o.,_ standard of service for the ll'o',:nty Park System and the Impact Fee imposed be reviewed and adjusted per~odicall'/, pursuant to Section 3.08, to insure that ~he Park Impact Fees ,are imposed equitably and lawfully, based upon actual and anticipated growth at the time of their imposition. .... e imposition of the Par}: impact Fee is to provide a source of revenue }o fund the construction or improvement of the County Park System necessitated by growth as delineated in the capita] improvement element of the Comprehensive Plan. F. The Board specifically finds that Regional Parks benefit ali res~d~nts of the County and, therefore, the Regional Parks component of the Park Impact Fee shall be imposed in ail areas of the County, inc]uding both the unincorporated area and within municipal boundaries. G. /he Community Parks within the County Park System provide a real and substantial benefit to all residents of the Count}', including those within the municipalities. In recognition of ~i~e recreational facilities and activities which are provided by the municipalities and which parallel the Community Parks within the County Park System, the Community Park component of the Park Impact Fee shall not be imposed within municipal boundaries. H. The Board specifically finds that Community Parks within the County benefit al! residents of the unincorporated area of the County because the County provides an interrelated network of Community Park programs and facilities which operate as a County- wide resource. I. This OrJinance shall not be construed to permit the collection of Impact Fees from Parks and Recreational Facilities Impact Construction in excess of the amount reasonably anticipated to offset the demand on the County Park System generated by the Parks and Recreaticnal Facilities Impact Construction occurring subsequent to the effective date of this Ordinance. J. Ail improvements and additions to the County Park System needed to eliminate any deficiency between the existing Parks System and the standard of service as adopted in the Comprehensive Plan, shall be funded by revenues other than Impact Fees. Therefore, the revenue derived from the Impact Fee shall be utilized only for the acquisition of improvements and additions to the County Park System which are necessitated by Parks and Recreational Facilities Impact Construction occurring subsequent to the effective date of this Ordinance. 12C K. it is hereby declared to be the policy of the Board that the improvements and additions to the County Park System, required to accommodate future growth, shall be funded entirely by the revenue derived from the Park Impact Fee. Therefore, no credit shall be given for any tax revenue sources which may have been utilized in pric: ':'ears for the funding of Park System improvements or additions. In the event that this policy is altered by the subsequent action of the Board, or [£ additional revenue is received and committed for growth necessitated improvements and additions of the County Park System, the Impact Fee shall be adjusted a~ the periodic review required pursuant to Section 3.08 and credit shall be given for any tax revenue which has been utilized for g:'owth required improvements and additions to the County Park System. Section 1.04. Adoption of Impact Fee Study and Comprehensive Plan. The Board hereby adopts and incorporates by reference the study enEitled "Rate Study for Impact Fees for Parks and Recreational Facilities for Collier County, Florida," dated March 18, 1999 and anl,' amendments, updates or supplements thereto particularly the assumptions, conclusions and findings in such study and iss amendments as to the determination of anticipated costs of additions to the County Park System required to accommodate growth. The Board ~urther incorporates by reference the Comprehensive Plan and any amendments thereto as it relates to the improvements and additions to the County Park System. ARTICLE II PARK IMPACT FEE Section 2.01. Imposition. A. All Parks and Recreational Facilities impact Construction within the County, both within the unincorporated areas and within the bz. undaries of all municipalities, shall pay the Park Impact Fee as ~et forth and established in Appendix A. B. The Park Impact Fee shall be paid in addition to ali other fees, charges and assessments due for the issuance of a building permit and is intended to provide funds only for growth necessitated improvements and additions to the County Park System within the County. Section 2.02. Payment. A. Except as otherwise provided in this Ordinance, prior to the issuance of a Building Permit for a Parks and Recreational Facilities impact Const:uction, an Applicant shall pay the Park impact Fee as set [or~h in Section 2.01. B. If the Parks and Recreational Facilities Impact Construction is located within the unincorporated area of the Coun:~~, the Park impact Fee shall be paid directly to the County. C. If the Parks and Recreational Facilities Impact Construction is located within a municipality, the Park Impact Fee shall be paid as follows: i. If the municipality has entered into an interlocal agreement wiLh the County providing for the collection of the Park impact Fee, such Impact Fees shall be paid and collected in accordance with the provisions of the interlocal agreement. 2. interlccal If the municipality has not en:ered into an agreement with the County providing for the collection of the ?ark Impact Fee, such Impact Fees shall be paid directl7 to the County. D. If the Parks and Recreational Facilities Impact Construction is located within a municipality and the governing body of the municipality has not agreed to require proof of payment of the Park 7mpact Fees to the County prior to the issuance of a Building Permit by the municipality or to require additionail~, the pa~,eLL of the Park Impact Fee as a condition of the issuance of a Building Permit by the municipality, the Impact Fees shall be collected as provided in Section 3.05. E. The obligatio:~ for payment of the Park Impact Fees shall run with the land F. In the event that a Building Permit issued for a Parks and Recreational ~aciii'_ies Impact Construction expires prior to completion of the Pa~-ks and Recreational Facilities Impact Construction for which it was issued, the Applicant may within ninety (90) days of th~ expiration of the Building Permit apply for a refund of the Pa~k impact Fees. Failure to timely apply for a refund of Lhe Pa~k Impact Fee shall waive any right to a refund. i. The appliqation for refund shall be filed with the Count?' Manager and contain the fo]lowing: (ai The name and address of the Applicant; (b) The location of the property which was the subjec% of the Building Permit; !c The date the Park Impact Fee was paid; /dl A copy of the receipt of payment for the impact Fee; and (el The date the Building Permit was issued and the date of expiration. 2. After verifying that the Building Permit has expired and %hat the Parks and Recreational Facilities Impact Construction has ncz been completed, the County Manager shall refund the Park Impact Fee paid for such Parks and Recreational Facilities Impact Construction. 3. A Building Permit which is subsequently issued for a Parks and Recreational Facilities Impact Construction on the same property 'which was the subject of a refund shall pay the Park Impact Fee as required by Section 2.01. Section 2.03. Use of Monies for Regional Parks. A. The Board hereby establishes a separate trust account for the Park Impact Fees paid by the municipalities located within Collier county to be designated as the "Regional Park Impact Fee Trust Account" which shall be maintained separate and apart from all other ,:ccounts of the County. All such Impact Fees shall be de~osite,l into such trust account immediately upon receipt. B. The monies deposited into the Regional Park Impact Fee Trust Account shall be used solely for the purpose o~ providing growth necessitated construction improvements and additions to the Regional Parks within the County including, but not limited to: (1) Design and construction plan preparation; (2) Permitting and fees; (3) Land and ~aterials acquisition including any costs of acquisition or condemnation; (4 } Construct ', on and design of improvements and additions re> Regional Parks; {5) Design and construction of new drainage facilities required by %he construction of improvements and additions to Regional Parks; (6) F. eigcatin~ utilities required by the construction of improvemen-_s and additions to Regional Parks; (7) Landscap:ng ~ 8) Construction management and inspection; 9) Sur'/eying, soils and material testing; 10) Acquisition of capital equipment for Regional Parks ii) Repa:~r~en~ of monies transferred or borrowed from any budgetar'/ fund c[ the County subsequent to the adoption of this Ordinance, which were used to fund any o[ the growth impacted improvements or additions as herein provided; (12) Payment of principal and interest, necessary reserves and costs of issuance under any bonds or other indebtedness issue~J by the County to fund growth impacted improvements and additions to the Regional Parks subsequent to the adoption of %his Ordinance; (13) Reimbur,qe~ent of excess Park Impact Fees due an Applicant pursuant %0 Section 3.07; (14) Design and construction of roadway improvemeut s required by Regional Park facilities and 115) To the ex~_ent provided by law, reimbursement or refund o~ costs inc'3rred by the County in the preparation of any update ~o th~ impact Fee Study adopted pursuant Section 1.04 and any amendments or supplements adopted pursuant to Section B.08 and any other administrative costs incurred by the County. Funds on deposit in the Regional Park Impact Fee Trust Account shall not be used for a:./ expenditure that would be classified as a maintenance or repair expense. t2C C. The monies deposited into the Regional Park Impact Fee Trust Account shall be used solely to finance improvements and additions to the Regional Parks required by growth as projected in the Impact Fee Stud>' D. Any funds on deposit which are not immediately necessary for expenditure shall be invested by the County. All income derived from such investments shall be deposited in the Regional Park impact Fee Trust Account and used as provided herein. To the extent permitted blz law, any interest accrued on Park Impact Fees which is net needed for improvements and additions to the Regional. Parks r.a7, a~ the d!scretion of the Board, be used to fund waivers or deferr~]s of Park Impact Fees pursuant to Section 3.04 of this Ordinance. in addition, to the extent permitted by law, an}' accrued interest on Park Impact Fees which is not needed for improvements and additions to the Regional Parks may, at the discretion of the Board, be used to fund waivers of Park impact Fees if ~he Board makes the following findings by resolution: a. The entel7 requesting a waiver is a not-for profit zorporation or business, or charitable organization; b. The entlt~' provides services to low income or verb' low income citizens of Collier County at reasonable rates; c. The CountV does not provide such services; d. The pro','~sion of services provides substantial benefits to the citizens of Collier County. e. Sufficient funds in the Park Impact Fee accounts exist to fund the waivers; f. Funding ~or the waiver will only be used from the fund for which the waiver is granted: and g. The enid-}' is a child care or similar support facilit}' ,<hich is included in the original site development plans of an affordable housing project and which project has qualified for an affordable housing waiver or deferral. The resolution adopted by the Board shall state such findings and authorize the payment, in whole or in part~ cf the Park Impact Fee. E. The Park Impact Fee collected pursuant to this Ordinance shall be returned to the then current Owner of the property for which suck fee was paid if such fees have not been e×pended cr encumbered prior to the end of the fiscal year immediately' following the sixth anniversary of the date upon which such fee was paid. Refunds shall be made only in accordance with the following procedure: ¢1) ?he then current Owner shall petition the Board for the refund ~rior tc the end of the fiscal year immediately following th~ sixth anni'zersary of the date of the payment of the Park Impact Fee. {2) The petition for refund shall be submitted to the Parks and Recreation Director, and shall contain: Iai A notarized sworn statement that the petitioner is the then current Owner of the property for which the Impact Fee was paid; (b) A co~? of the dated receipt issued for payment of such fee or such other record as would indicate pa}~ent of suck fee; {c) A certified copy of the latest recorded deed and {d! A copy of the most recent ad valorem tax bill <B) Within three {3) months from the date of receipt of a petition for refund, the Parks and Recreation Director will advise the petitioner and the Board of the status of the Impact Fee requested for refund, and if such Impact Fee has not been expended or encumbered within its applicable time period, then iz sha~] be returned to the petitioner. For the purposes of zhis Section, fees collected shall be deemed to be spenE or encumbered on the basis of the first fee in shall be the first fee out F. Any Owner en~!~ied to a refund who fails to file a timely petition for a refund upon becoming eligible to do so shall be deemed to have waived any claim for a refund, and the County shall be entitled to retain and apply the Impact Fees for 12C 3 growth necessitated capital improvements and additions to the County Park System, Section 2.04. Use of Monies for Non-County-wide Facilities. A. The Board hereby establishes a separate trust account for the Park Impact Fees paid by the unincorporated area of Collier County, to be designated as the "Unincorporated Park Impact Fee Trust Account" which shall be maintained separate and apart from all other accounts of the County. All such Impact Fees shall be deposited into such trust account immediately upon receipt. B. The monies deposited into the Unincorporated Park Impact Fee Trust Account shall be used for the purpose of providing growth necessitated construction improvements and additions to the Regional Parks ar Community Parks within the County including, kut not limited to: {1) Design and construction plan preparation; (2) Permitting and fees; (3) Land and materials acquisition including any costs of acquisition or condemnation; [4) Construction and design of improvements and additions to Regional Parks or Community Parks; (5) Design and construction of new drainage facilities required by the construction of improvements and additions to Regional Parks or Community Parks; (6) Relocat!:]q utilities required by the construction of imprc';ements and additions to Regional Parks or Community Parks; (7) Landscaplng; (8) Construction management and inspection; ~9) Surveying soils and material testing; (10) Acquisition of capital equipment for Regional Parks or 3ommunity Parks; (11) Repa?~ent of monies transferred or borrowed ~rom any budgetar}, fund ol the County subsequent to the adoption of this Ordinance, which were used to fund any of the growth impacted improvements or additions as herein provided; (12) Pa?~,ent of principal and interest, necessary reserves and costs of issuance under any bonds or other indebtedness issued by the County to fund growth impacted improvements and additions to the Regional Parks or Community Parks subsequent to the adoption of this Ordinance; (13) Reimbursement of excess Park Impact Fees due an Applicant pursuant ~o Section 3.07~ {14) Denign and construction of roadway improvements required by Regional Park facilities or Community Park facilities; and (15) To the extent provided by law, reimbursement or refund of costs incurred by the County in the preparation of any update to the Impact Fee Study adopted pursuant to Section 1.0-; and any amendments or supplements adopted pursuant to Sect]on 2.08 and any other administrative costs incurred by %he Co~:nty. Funds on deposit in the Unincorporated Park Impact Fee Trust Account shall not be used for any expenditure that would be classified as a maintenance or repair expense, C. The monies deposited into the Unincorporated Park Impact Fee Trust Account shall be used to finance improvements and additions to the Regional Parks or Community Parks required by growth as projected in ~he impact Fee Study. if monzes deposited in the Unincorporated Park Impact Fee ?rust Account are used solely for Community Parks, then the Parks and Recreation Director shall ensur,~ that other funding sources from the unincorporated area ar~. used for Re,~icna! Parks to ensure that the level of service set forth ]n the Impact Fee Study for Regional Parks is met. D. Any funds on deposit which are not immediately necessary for expenditure shall be invested by the County. All income derived from such investments shall be deposited in the Unincorporated Park Impact Fee Trust Account and used as provided herein. To the extent permitted by law, any interest accrued on Park Impact Fees which is not needed for improvements and additions tc the Regional Parks or Community Parks may, at the discretion of the Board, be used to fund waivers or deferrals of 3 Park Impact Fees pursuant to Section 3.04 of this Ordinance. In addition, to the extent permitted by law, any accrued interest on Park Impact Fees which is not needed for improvements and additions to the Regional Parks or Community Parks may, at the discretion of the Board, be used to fund waivers of Park Impact Fees if the Board makes the following findings by resolution: a. The entity requesting a waiver is a not-forprofit corporat ~cn or business, or charitable organization; b. The entity provides services to low income or very low income citizens of Collier County at reasonable rates; c. The County does not provide such services; d. The pro';ision of services provides substantial benefits to the citizens of Collier County. e. Sufficient funds in the Park Impact Fee accounts exist to fund the waivers; f. Funding for the waiver will only be used from the fund for which the waiver is granted; and g, The entlt7 is a child care or similar support facility which is included in the original site development plans of an affordable housing project and which project has qualified for an affordable housing waiver or deferral. The resolution adopted by the Board shall state such findings and authorize the payment, in whole or in part, of the Park Impact Fee. E. The Park Impac[ Fee collected pursuant to this Ordinance shall be rett~rned to the then current Owner of the property for which such fee was paid if such fees have not been expended or encumbered prior to the end of the fiscal year immediately fciiowing the sixth anniversary of the date upon which such fee was paid Refunds shall be made only accordance with the following procedure: (1} The then current Owner shall petition the Board for the refund prior %~ the end of the fiscal },ear immediately 12C following the sixth anniversary of the date of the payment of the Park Impact Fee. i2) The petition for refund shall be submitted to the Parks and Recreation Director, and shall contain: (a) A notarized sworn statement that the petitioner is the then current Owner of the property for which the Impact Fee was paid; (bl A copy of the dated receipt issued for payment of such fee or such other record as would indicate payment of such fee; (el A certified copy of the latest recorded deed and (d) A copy of the most recent ad valorem tax bill (]) Within three (3) months from the date of receipt of a petition for refund, the Parks and Recreation Director will advise the petitioner and the Board of the status of the Impact Fee requested for refund, and if such Impact Fee has not been expended or encumbered within its applicable time period, then it shall be returned to the petitioner. For the purposes of this Section, fees collected shall be deemed to be spent or encumbered on the basis of the first fee in shall be the first fee out. F. Any Owner entitled to a refund who fails to file a timely petition for a refund upon becoming eligible to do so shall be deemed to have waived any claim for a refund, and the County shall be entitled to retain and apply the Impact Fees for growth necessitated c~pitai improvements and additions to the County Park System. Section 2.05. Alternative Fee Calculation. A. In the event an Applicant believes that the impact County ~ark System resulting from his Parks and Recreational Facilities Impact Construction is less than the fee established in Section 2.0], such Applicant :nay, prior to issuance of a Building Permit for such Parks and Recreational Facilities Impact Construction, submit a calculation of an Alternative Park Impact Fee to the office cz the County Manager pursuant to the provisions of thi~ Sec~ion. Upon receipt of the Alternative Park 12C 3, Impact Fee, the County Manager shall schedule a hearing before the Board at a regularly scheduled meeting or a special meeting called for the purpose of reviewing the Alternative Park Impact Fee and shall provide the Applicant written notice of the time and place of the hearing. Such hearing shall be held within thirty (30) days of the date the Alternative Park Impact Fee was submitted. B. The Alternative Park Impact Fee calculations shall be based on data, information or assumptions contained in this Ordinance and the impact Fee Study or an independent source, provided that the independel:t source is a local study supported by a data base adequate for the conclusions contained in such study performed pursuant to a generally accepted methodology and based upon generally accepted standard sources of information relating to facilities planning, cost analysis and demographics. C. If a previously approved Parks and Recreational Facilities Impact Construction project submitted, during its approval process, an Alternative Park impact Study substantially consistent ~;ith the criteria required by this Section, and if such study is determined by the Board to be current, the parks and recreational impac5 of such previously approved Parks and Recreational Facilities Impact Construction shall be presumed 5o be as described in the prior study. In such circumstances, an AlternaBive Park impacL Fee shall be established reflecting the impact described in th~. prior study. There shall be a rebuttable presumption that an Alternative Park Impact Stud~' conducted more than two years earlier is invalid. D. if the Board determines that the data, information and assumptions utilized by the Applicant to calculate the Alternative Park Impact Fee complies with the requirements of this Sectio:] and that the Alternative Park Impact Fee was calculated by the use ~[ a generally accepted methodology, the Alternative Park Impact Fee shall be paid in lieu of the fee set forth in Section 2.C1, E. If the Board :'~etermines that the data, information and assumptions utilized by the Applicant to calculate the Alternative Park Impact: Fee does not comply with the requirements of this Section or that the Alternative Regional Park Impact Fee was not calculated by a generally accepted methodology, then the County shall provide to the Applicant by certified mail, return receipt requested, written notification of the rejection of the Alternative Park Impact Fee and the reason therefor. F. Tko decision of the Board shall be in writing and issued within ten {10) working days of the review. G. An)' Applicant or Owner who has submitted a proposed Alternative Park Impact Fee pursuant to this Section and desires the immediate issuance of a Building Permit shall pay prior to or at the time the request for hearing is filed the applicable Park impact Fee pursuant to Section 2.01. Said payment shall be deemed paid under "Protest" and shall not be construed as a waiver of an}' right of review. An}, difference between the amount paid and the amount due, as determined by the Board, shall be refunded to the Applicant or Owner. ARTICLE IIi MISCELLANEOUS PROVISIONS Section 3.01. Exemptions. A. The following shall be exempted from payment of the Park Impact Fees: I. Alterations or expansion of an existing Dwelling Unit where no additional Dwelling Units are created. 2. The construction of Accessory Buildings or Structures which w!ll not create additional Dwelling Units. 3. The replacement of a Dwelling Unit where no additional Dwelling Units are created. 4 . The consLruction of i:ubiic!y owned Residential hous i ng. ~. The issuance cf a tie-down per,nit on a Mobile Home on which applicable Park impact Fees have previously been paid. S~ction 3.02. ChanGes of Size and Use. impact Fees shall be imposed and calculated for the alteration, expansion or replacement of a Building or Dwelling Unit or the cons%ruction of an Accessozy Building if the alteration, expansion or replace~nent of the Building or Dwelling Unit or the construction of an Accessory Building results in a land use determined Lo increase the number of Dwelling Units. The Impact Fee impcsec shall be upon each additional Dwelling Unit created by [he alteration, expansion or replacement of the Building or Dwelling Unit or the construction of an Accessory Building. Section 3.03. Vested Rights. A. Any Owner cf land which was the subject of a development order prior to [he ef[ective date of this Ordinance may petition the Board for a Vested Rights determination which would exempt the landowner from the provisions of this Ordinance. Such petition shall be evaluated by the County Attorney and a decision made based on the following criteria: 1. The existence of a valid, unexpired governmental act of the Count5' ~uthorizing the specific development for which a determination is sought; 2. Expenditures or obligations made or incurred in reliance upon the authorizing governmental act that are reasonably equivalent to the fees required by this Ordinance; 3. Other factors that demonstrate it is inequitable to deny the Petitioner the opportunity to complete the previously approved development under the conditions of approval b7 requiring the Petitioners to comply with the requirements of this Ordinance. For the purposes of this paragraph, the fcliowing factors shall be considered in determining whether it is inequitable to deny the Petitioner the opportunity to complete the previously approved development: (ai Whether the injury suffered by the Petitioner outweighs the public cost of allowing the development to go forward without payment of the Impact Fee required by this Ordinance; and (b) Whether the expenses or obligations for the development were made or incurred subsequent to the effective date o[ this Ordinance. B. Yhe Ccunt~' At~orne7 shall make a written determination as to whether the Owner has established a vested right in the 12C 3 Parks and Recreational Facilities Impact Construction and, if so, whether the de';elopment would exempt the Owner from the provisions of Lhis Ordinance. C, Any Owner aggrieved by a decision of the County Attorney pursuant %o this Section may request a review hearing on ~;uch decision pursuant to Section 3.07. Section 3.04. Affordable Housing. A. Pursuant to the guidelines established ~n this Section, tke County shall (1) waive or (2! defer, as applicable, the pa}~ent of the impact Fee for any new owner-occupied or rental Parks and Recreational Facilities impact CcnsLruction which qualifies as Affordable Housing under Appendix B of Lhis Ordinance. Il) An}, person seeking an Affordable Housing waiver or deferral for proposed Parks and Recreational Facilities Impact Cons%ructisn shall file with the County Manager an Application for waiver or deferral, prior to receiving a Building Permit for the proposed Parks and Recreational Facilities Impact Construction. The Application for waiver or deferral shall contain the following: (a} The name and address of the Owner; (b} The legal description of the Residential property upon which the Parks and Recreational Facilities Impact Construction shall be constructed; {c) The income level of the Owner or if the Owner is a builder, the income level of the household to which the Dwelling Unit will be sold or rented; (d) The number of bedrooms in each Dwelling Unit of the Parks and Recreational Facilities Impact Construction. :2; i[ the ~'spcsed Parks and Recreational Facilities impact Construction meets the requirements for an Affordable Housing waiver or deferral as set forth in this Section, then the County Manager shall issue an Impact Fee waiver or deferral, as applicable, to the Owner or Applicant. The Impact Fee waiver or deferral shall be presented in lieu o£ payment of the Impac~ Fee pursuant to Section 2.02. '1.20 B. To qualify for an Impact Fee waiver or deferral, an owner-occupied Dwelling Unit must meet all of the following criteria: (1) The Owner(s) or anticipated Owner(s) of the Dwelling Unit must have a very low, low, or moderate income level, at the time of issuance of the Impac% Fee waiver or deferral, as those terms are defined in Appendix B, and the monthly pa~ent to purchase the unit must be within the Affordable Housing guidelines established in Appendix B. A Dwelling Unit shall qualify as owner-occupied if a lease-purchase agreement is in effect at the date of issuance ok the impact Fee waiver or deferral or within thirty (30) days Lhereof, and within twenty-four (24) months from the date of issuance of the certificate of occupancy or the execution of the lease-purchase agreement, whichever is later, the option to purchase is exercised and the purchaser takes ownership of the Dwelling Unit. If the purchaser fails to purchase the Dwelling Unit within the twenty-four (24) month period, then ~he waived or deferred Impact Fee must be immediately repaiJ unless the Dwelling Unit is sold to another qualifying Owner. (2) The Owner, cr if there is more than one Owner, one of the Owners, must be a first-time home buyer. To qualify as a first-time home buyer, the Owner must not have had an ownership /nteres% in his/her primary residence in the past years. The Dwe2 ling Unit must be the homestead of the three Owner(s) (4) The Dwelling Unit must remain Affordable Housing for fifteen I15) years from the date a certificate of occupancy is issued for the Dwelling Unit, unless the Impact Fee is repaid to the County. To qualify for an Impact Fee deferral, a Dwelling Unit offered for rent must meet all of the following criteria: (i) The household renting the Dwelling Unit must have a very low or low income level, at the commencement of the leasehold and durin~ the duration thereof, as those terms are 2[ defined in Appendix g and the amount of rent must be within the Affordable Housin9 guidelines established in Appendix B. {2) The Dwelling Unit must be the household's permanent residence. D. All Impact Fees deferred for owner-occupied Dwelling Units at the time the Building Permit was issued shall become due and pa}~abie and shall be immediately repaid to the County upon the sale of the Dwelling Unit to a non-qualified purchaser; provided, however, if the Impact Fee deferral was paid with State Housing Initiati';es Partnership [SHIP] Program funds, repayment will be made to the Collier County affordable housing trust fund. For purposes of this Section 3.04, a non-qualified purchaser is a Person who does not satisfy the Affordable Housing criteria set forth in subsection g above or a Person who does not agree to the terms of the waiter or deferral o£ impact fees agreement. E. The Impact Fees deferred for rental Dwelling Units at the time the Building Permit was issued shall become due and shall be immediately repaid to the County upon the discontinuance of use of the Dwelling Unit as Affordable Housing or fifteen (15} years from the date of ~ssuance of the certificate of occupancy, whichever occurs first. F. Any Impact Fees waived for an owner-occupied Dwelling Unit at ~he time a Building Permit was issued shall become due and payable and shall be immediately repaid to the County if the Dwelling Unit is sold or transferred to a non-qualified purchaser during the fi[teen {15) year period after the certificate of occupancy is issued for the Dwelling Unit. If the Impact Fee waiver was paid with State Housing Initiatives Partnership [SHIP] Program funds, repayment will be made to the Collier County affordable housing trust fund. if the Dwelling Unit is used as Affordable Housing in compliance with Section 3.04 of this Ordinance for fifteen (15) years after the date the certificate of occupancy is issued for the Dwelling Unit, the Impact Fees are no longer due and the lien on the Dwelling Unit shall be released. G. The percentage o~ the total Itnpact Fee which shall be waived or deferred pursuant to this Section for an owner-occupied 22 12C or rental Affordable Housing Dwelling Unit shall be the percentage set forth in Appendix B. The Impact Fees waived or deferred shall be a llen on the property until all requirements under this Section have been satisfied. H. (1) Annually, the Owner of a rental Dwelling Unit shall provide to the County Manager an affidavit of compliance with the criteria set forth in this Section. An affidavit must be filed within %birr7. !30) days of the anniversary date of the issuance of a certificate of occupancy. If the income of any unit renter which originally qualified as very low or iow income level as defined in Appendi× B exceeds the Affordable Housing benefit standards set forth in Appendix B by more than forty percent I40%), then the deferred Impact Fee shall become immediately due and payable by the Owner or, in the alternative, the Owner shall have ninety {90) days to comply with the Affordable Housing standards set forth in Appendix B. (2) If the household income of the qualified owner-occupied Dwelling Unit rises above the benefit standards for waivers and deferrals set forth in Appendix B, the Owner shall maintain the waiver and/or deferral. Notwithstanding the foregoing, all outstanding Impact Fees waived or deferred shall be repaid in full upon sale or transfer of the Dwelling Unit to a non-qualified purchaser, except for waived Impact Fees where the Owner has complied with the Affordable Housing criteria set forth in Section 3.04 for fifteen (15) years after issuance of the certificate of occupancy. I. The Owner receiving an Impact Fee waiver or deferral shall enter into an impact fee agreement with the County which agreement shall provide for, at a minimum, the following and shall further include such provisions deemed necessary by the Board to effectuate the provisions of this Section: (1) The legal description of the Dwelling Unit. (2) Where an Impact Fee waiver or deferral is given to an Owner who will be selling or renting the Dwelling Unit to a subsequent purchaser or renter, the Parks and Recreational Facilities Impact Construction must be sold or rented to households meeting the criteria set forth in this Section in 23 order to maintain the waiver or deferral. Impact Fee waivers or deferrals paid for with State Housing Initiatives Partnership [SHIP] Program funds will only be granted directly to buyers meeting Appendix B qualifications and approval prior to Building Permit issuance. A Dwelling Unit shall qualify as owner-occupied if a lease-purchase agreement is in effect at the date of issuance of the Impact Fee waiver or deferral or within thirty days thereof, and within twenty-four (24) r~cnths from the date of issuance of the certificate of occupancy or the execution of the lease-purchase agreement, whichever is later, the option to purchase is exerclsed and the purchaser takes ownership cf the Dwelling Unit. If the purchaser fails to [~urchase the Dwelling Unit within the twenty-four (24) month period, then the waived or deferred impact Fee must be repaid immediately unless the Dwelling Unit is sold to another qualifying Owner. (3) For owner-occupied Dwelling Units, the amount of Impact Fees deferred shall be repaid to the County upon the sale or transfer to a non-qualified purchaser. I[ Impact Fees ',:ere paid with State Housing Initiatives Partnership [SHIP] Program funds, repayment will be made to the Collier County Affordable Housing Trust Fund. For rental units, the Impact Fees deferred shall be repaid upon the discontinuance of use of the Dwelling Unit as Affordable Housing or fifteen (15/ years from the ~ssuance cf a certificate cf occupancy, whichever occurs f~:st . 143 For owne,_-occupied Dwelling Units where Impact Fees have been waived, the Dwelling Unit must be utilized by the original qualifying Owner, or subsequent ' qualifying purchaser, as Affordable Housing in compliance with Section 3.04 of this Ordinance for a fifteen (15) year period after the certificate of t. ccupancy is issued and if the Dwelling Unit is sold to a :~.~n-qualiLying purchaser, the Impact Fees shall be repaid to the County. If Impact Fees were paid with State Housing Initiatives Partnership [SHIP] Program funds, repa'/ment will be made to the Collier County affordable housing trust fund. 2.1 (5) The deferred and/or waived Impact Fees shall be a lien cn the property which lien may be foreclosed upon in the event of non-compliance with the requirements o£ the agreement. The agreement described herein shall operate as a lien against %he Dwelling Unit. The lien shall terminate upon the recordinG of a release or satisfaction of lien the public records of Collier County. in the case of a waiver, such release or satisfaction shall be filed fifteen years after the issuance of the certificate of occupancy provided Owner acted in compliance with the agreement or upon repayment, in the case of a deferral, such release shall be recorded upon repay-ment. ~) Annually the Owner of a rental Dwelling Unit shall provide ~c :he Count), Manager an a(fidavit of compliance with [he criteria set forth in this Section. An affidavit must be filed within thirty ~30) days of the anniversary date of the issuance of a certificate of occupancy, if the income of any unit renter which originally qualified as very !ow or low income level as defined in Appendix B exceeds the Affordable Housing benefit standards set forth in Appendix B by more than forty percent (40%), then the deferred Impact Fee shall become immediately due and payable by the Owner or, in the alternative, the Owner shall have ninety (90) days to comply with the Affordable Housing standards set forth in Appendix B. ~7) Upon satisfactory completion of the agreement requirements, the County shall record any necessary documentation evidencing same, including, but not limited to, a release of lien. (8) in the even~ the owner is in default under this agreement, and the default is not cured within thirty (30) days after written ncE[ce is provided to the Owner, the Board may bring a civil action to enforce the agreement. The Board shall be entitled to recover all fees and costs, including attorney's fees and costs, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. (9) The agreement shall be binding upon the Owner's successors and asslgns, ~10) The agreement shall be recorded in the Official Records of Collier County. J. The amount of Impact Fee waivers and deferrals granted pursuant tc this Section shall be limited, in total, to the amount appropriated by the Board at its final publi~c hearing regarding the adoption of the annual County budget and the amount allocated to Impact Fee waivers or deferrals in the Collier County Housing Assistance Plan, as established by County Ordinance No. 93-19. Ail Impact Fees waived or deferred shall be paid by the Board into the appropriate parks and recreational facilities impact fee trust account within six (6) years from the date of the awar~ of a ',;aiver and/or deferral as provided here[n, but in no event, later than tha~ time when that amount is needed for a project funded by those Impact Fees waived or deferred. The Board shall pay in~o the appropriate parks and recreational facilities impact fee trust account such amounts equal to any Impact Fees previously waived or deferred by the Board, within six {6) }'ears from the date of such waiver, or deferral, but in no event, later than the time such amounts are needed for a project funded by those Impact Fees waived or deferred. Waivers and deferrals shall be issued in the order that completed qualifying applications are received by the County Manager. At least forty percent (40%) of the amount budgeted for Impact Fee waivers and/or deferrals must be utilized to fund Impact Fee waivers and/or deferrals for single family owner-occupied Dwelling Units serving the very iow and low income levels. K. Any changes or amendments to Appendix B or the minimum funding requirements adopted in this Section must occur as an ordinance amendment a~ a public hearing of the Board of County Commissioners occurring after 5:00 p.m. L. No Affordable Housing waiver or deferral shall be granted for a Parks and Recreational Facilities Impact Construction project which consists of a Mobile Home. M. Notwithstanding any provisions elsewhere in this Ordinance to the contrary, any Owner that develops an Affordable ?.28 Housing rental apartment complex consisting in whole or part of Dwelling Units serving very low and/or low income levels and meeting all requirements, and subject to all conditions, of Secticn 2.04 shall be entitled to defer one hundred percent {100%) of the Impact Fees applicable only to such rental Dwelling Units serving very lc',; and/or low income levels if: (i) all such deferred Impact Fees are paid on or before the end of six (6) years from the d~te such Impact Fees are deferred; and (ii) the rental apartment~ de'.'e ~.opment s~al 1 remain Affordable Hour~J ng qualified (under Sectic:', 3.04 of this Ordinance) for a minimum of 15 years. N. The Board, in [ts discretion, may agree by Resolution to subordina5e its lien for Impact Fees to a primary lender and/or government funded affo::dable housing loan such as SAIL or HOME loan if Owner can dertons~rate that a subordination ts necessary ~o obtain financing and, in ~he case of rental Dwelling Units, i£ the O'^,ner provides additional security satisfactory to the County such as additional or substitute collateral in the form of cash or cash equivalent financial instruments which will yield the full amcunt of the deferred impact fees at the expiration of the period of the deferral Section 3.05. Alternative Collection Method. In the event the Park Impact Fees are not paid prior to the issuance of a Build~ng Permit for the affected Parks and Recreational Facilities Impact Construction, the County shall proceed to collec~ the Park Impact Fees as follows: A. The County shall serve, by certified mail, return receipt requested, a "[;otice of Impact Fee Statement" upon the Applicant a~ the add.'.'e s s set forth in the application for Building Permit, and %he Owner at the address appearing on the most recent records maintained by the Property Appraiser of the County. The County shall also attach a copy of the "Notice of Impact Fee Statement. to the Building Permit posted at the affected Parks and Recreational Facilities Impact Construction site if the Building is under construction. Service shall be deemed effective on the date ~he return receipt indicates the notice was received by either the Applicant or the Owner or the 27 12C date said notice was attached to the Building Permit, whichever occurs first. The "Notice of impact Fee Statement" shall contain the legal description of the property and shall advise the Applicant and the Owner as follows: !. The amount due and the general purpose for which the Park Impact Fees were imposed; 2. That a hearing pursuant to Section 3.07 may be requested within 20 calendar days from the effective date of service of the Notice of Impact Fee Statement, by making application to the Office of the County Manager. ~. That the Park Impact Fees shail be delinquent if not paid and received by the County within lO calendar days of the effective date of service of the Notice of Impact Fee Statement, excluding the date of receipt or if a hearing is not requested pursuan~ to Section 3.07, and, upon becoming delinquent, shall be subject to the imposition of a delinquent fee and interest on the unpaid amount until paid; and 4. That in the event the Park Impact Fees become delinquent, a lien against the property for which the Building Permit was secured shall be recorded in the Official Records Book of the County. B. The Park Impact Fees shall be delinquenz if, within 30 calendar days from the effective date of service of the Notice of Impact Fee Statement, neither the Impact Fees have been paid and recei';ed by the Count)', nor a hearing is requested 'pursuant to Section 3.07. In the event a hearing is requested pursuant to Section 3.07, the Impact Fees shall become delinquent if not paid within 30 days from the date the Board determines the amount of Impact Fees due upon ~he conclusion of such healing. All time periods contained within this Ordinance shall be calculated on a calendar day basis, including Sundays and legal holidays, but excluding the effective date of service of the Notice of Impact Fee Statement, or the date of the Board's decision in the event cf an appeal, in the event the due date falls on a Sunday or legal holiday, ~he lash due date prior to becoming delinquent, shall be the next business day. Upon becoming delinquent, a 2g delinquency fee equal to 10% of the total Impact Fee imposed shall be assessed, Such total Impact Fee, plus delinquency fee, shall bear interest at the statutory rate for final judgments calculated on a calendar day basis, until paid. C. Should the Park Impact Fees become delinquent as set forth in Subsection B, the County shall serve, ty certified mail return receipt requested, a "Notice of Lien" upc:l the delinquent Applicant, if the Building is under construction at the address indicated in the application for the Building Permit, and upon the delinquent Owner at the address appearing on the most recent records maintained by the Property Appraiser of the County. The Notice of Lien shall notify the delinquent Applicant and delinquent Owner that due to their failure to pay the Park Impact Fees, the County shall file a Claim of Lien with the Clerk of the Circuit Court. D. Upon the mailing of the Notice of Lien, the County Attorney shall file a Claim of Lien with the Clerk of the Circuit Court for recording in the Official Records of the County. The Claim of Lien shall contain the legal description of the property, the amount of the delinquent Impact Fee and the date of its imposition. Once recorded, the Claim of Lien shall constitute a lien against the property described therein. The County Attorney shall proceed expediticusiy to collect, foreclose cr otherwise enforce said lien. E. After the expiration cf one year from the date of recording cf the Claim o~ Lien, as provided herein, a suit may be filed to foreclose said lien. Such foreclosure proceedings shall be instituted, conducted and enforced in conformity with the procedures for the foreclosure of municipal special assessment liens, as set forth in Chapter 173, Florida Statutes, which provisions are hereby incorporated herein in their entirety to the same extent as ~f such provisions were set forth herein verbatim. F. The liens for delinquent Impact Fees imposed hereunder shall remain liens, coequal with the lien of all state, county, district and municipal taxes, superior in dignity to all other filed liens and claims, until paid as provided herein. 29 12C 3 G. The collection and enforcement procedures set forth in the Section shall be cumulative with, supplemental to and in addition to, all other applicable procedures provided in any other ordinances or administrative regulations of the County or any applicable !aw or administrative regulation of the State of Florida. Failure of the County to follow the procedure set forth in this Section shall not constitute a waiver of its rights to proceed under any other ordinances cr administrative regulations of the County or any applicable law or administrative regulation of the State of Florida. Section 3.06. Developer Contribution Credit. A. 7'he County sna!i grant a credit against the Park Impact Fees imposed pursuant to Section 2.01, for the donation of land or for the construction of any park or recreational facilities or improvements and additions thereto made to the County Park System required pursuant to a development order or made voluntarily in connection with Parks and Recreational Facilities Impact Construction. Such land donation and construction and improvement shall be subject tc the approval of the Board and shall be an integral part of and a necessary accommodation to an existing or contemplated Community or Regional Park. B. The amount of Developer Contribution Credit to be applied shall be determined at the time that the Park Impact Fees are paid according to the following standards of valuation: !. The value of the credit due to the developer as a result of a donation to Collier County of an easement or a fee simple estate in land shall be calculated in accordance with Section 2.7.2.8.1, Collier County Land Development Code, entitled "Dedication of the public facilities and development of prescribed amenities", as it may be amended from time to time, or its successor provision; and 2. The cost of anticipated construction of parks and recreational facilities improvements to the County Park System shall be based upon cost estimates certified by a professional architect or engineer. 3() C. Prior to issuance of a building permit the Applicant shall submit to the County Manager a proposed plan and estimate of costs for contributions to the County Park System. The proposed plan and estimate shall include: 1. A designation of the Parks and Recreational Facilities Impact Construction for which the proposed plan is being submitted; 2. A legal description of any land proposed to be donated and a written appraisal prepared in conformity with subsection B.1. of this Section~ 3 A list of the contemplated park and recreational facilities improvements contained within the plan; 4 An estimate of proposed construction costs certified by a professional architect or engineer; and 5 A proposed time schedule for completion of the proposed plan. D. Upon receipt of the proposed plan, tko County Manager shall schedule a hearing before the Board at a regularly scheduled meeting er a special meeting called for the purpose of reviewing the proposed plan and shall provide the Applicant or Owner written notice of the time and place of the hearing. Such hearing shall be held within thirty (30) days of the date the proposed plan was submitted. E. The Board shall determine: 1. If such proposed plal~ of construction is in conformity' with contemplated parks and recreational facilities additions to the Count}' Park System; If the proposed plan is consistent with the public interest; and 3. If the proposed construction time schedule for the completion of the plan is consistent with the County's ~:apital improvement program for the County Parks System. The decision c~ the Board as to whether to accept the proposed plan of donation or construction shall be in writing and issued within ten (10) working days of the review. A copy shall be provided to the Applicant. Upon approval of a proposed plan of construction, the Board shall determine the amount of construction credit based upon the above standards o£ valuation and shall approve the timetable for completion of construction. F, All construction cost estimates shall be based upon, and ali construction plans and specifications shall be in conformity with the parks and recreational facilities construction standards of the Count}'. ;,i1 plans and specifications sha]! be approved by the Parks and Recreation Director prior to commencement of construction. G. An}' Developer Contribution Credit granted from the regional park component of the impact Fee shall only be fei those donations or contributions made to a Regional Park. H. An',' Developer Contribution Credit granted from the Communit)' Par}: component of the Impact Fee shall only be for those donations or contributions made to a Community Park, i. An}' Applicant who submits a proposed plan pursuant to this Section and desires the immediate issuance of a Building Permit shall pa)' prior to cr at the time the request for hearing is filed the app]icab!e Park Impact Fees. Said pa~ent shall be deemed paid under "Protest" and shall not be construed as a waive:- o~ ar;)' review rights, Any difference between the amount paid and %he amount due, as determined by the Board, shall be refunded tc the Applicant or Owner. J, In the event the amount of developer contribution determined to be applicable by the Board pursuant to an approved plan of construction exceeds the total amount of Impact Fees due by the Applicant based upon the contemplated improvements to the Count)' Park System proposed b)' the Applicant, the County shall execute with the Applicant an agreement for future reimbursement of the excess of such contribution credit from future receipts by the Count)' cf the !mpacE Fees. Such agreemen% of reimbursement shall not be for a period in excess of five years from the date of completion of the approved plan of construction and shall provide for a forfeiture cf an}' remaining reimbursement balance at the end of such five ~'ear period. '1.20 Section 3.07. Review Hearings. A. An Applicant or Owner who is required to pay a Park Impact Fee pursuant to Section 2.01, shall have the right to request a review hearing. B. Such hearing shall be limited to the review of the following: 1. The application of the Park Impact Fee pursuant to Section 2.01. 2. A Vested Rights determination under Section 3.03. 3. The denial of an Affordable Waiver or Authorization for Deferral pursuant to Section 3.04. C. Such hearing shall be requested by the Applicant or Owner within thirty (30) days of the date of first receipt of the following: 1. 2. Notice of Impact Fee Statement; A Vested Rights determination; The denial of an Affordable Housing Waiver or Aunhorization for Deferral. Failure to request a hearing within the time provided shall be deemed a waiver of such right. D. The request for hearing shall be filed with the Office of Count?' Manager and shall contain the following: i The name and address of the Applicant or Owner; 2. The legal description of the property in question; 3 If issued, the date the Building Permit was issued; 4 A brief description of the nature of the construction being undertaken pursuant to the Building Permit; 5 if paid, the date the Park Impact Fee was paid; and 6 A statement of the reasons wily tile Applicant or Owner is requesting the hearing. E. Upon receipt of such request, the County Manager shall schedule a hearing before the Board at the regularly scheduled meeting or a special meeting called for the purpose of conducting 120 the hearing and shall provide the Applicant or Owner written notice of the time and place of the hearing. Such hearing shall be held within forty-five (45) days of the date the request for hearing was filed. F. Such hearing shall be before the Board and shall be conducted in a manner designed to obtain all information and evidence relevant LC the requested hearing. Formal rules of civil prccedure and evidence shall not be applicable; however, the )]earing shall be conducted in a fair and impartial manner with each party having an opportunity to be heard and to present information and evidence. G. Any Applicant or Owner who requests a hearing pursuant to this Section arid desires the immediate issuance of a Building Permit, or if a Building permit has been issued without the payment of the Park Impact Fee, shall pa}' prior to or at the time the request for hearing is filed the applicable Impact Fees pursuant to Section 2.01. Said pa}~ent shall be deemed paid under "Protest" and shall not be construed as a waiver of any review rights. H. An Applicant or Owner may request a hearing under this Section without paying the applicable Impact Fee but no Building Permit shall be issued until such Impact Fees are paid ir] the amount initially calculated or the amount approved upon completion of the review provided in this Section. Section 3.08. Review Requirement. A. This Ordinance and the Impact Fee Stud}, shall be reviewed by the Board initiall?' in connection 'git)] its approval of the capital improvements element of its Comprehensive Plan as required by Section 163.]!77, Florida Statutes. Thereafter, this Ordinance and the Impact Fee Study shall be reviewed at least every three years. The initial and each review shall consider new estimates of population and other socioeconomic data; changes in construction, land acquisition and related costs and adjustments tc the assumptions, conclusions or findings set fort)] in the study adopted b?' Section 1.04. The purpose of this review is to evaluate and revise, if necessary, the Park Impact Fee to assure that they do not exceed the reasonably anticipated costs 120 associated with the improvements and additions necessary to offset the demand generated by the Parks and Recreational Facilities Impact Construction on the County Park System. In the event the review of the Ordinance required by this Section alters or changes the assumptions, conclusions and findings of the study adopted by reference in Section 1.04, revises or changes the County Park System or alters or changes the amount of Impact Fees, the ztudy adopted amende,l and updated tc reflect the assumptions, conclusions and findings of such reviews and Section 1.04 shall be amended to adopt b}' reference such updated studies. B. Simultaneous with the review of the Impact Fee Study required in Subsection A of this Section, the Board shall review the capital improvements element of the availability and adequacy cf revenue source£ to construct improvements and additions ~o the Count i/ i~ark System determined in the Impact Fee Study to be required to accommodate existing development. Section 3.09. Declaration of Exclusion from Administrative Procedures Act. Nothing contained in this Ordinance shall be construed or interpreted to include %he County or any municipality in the County in the definition of Agency contained in Section 120. 52, Florida Statutes, or to otherwise subject the county or any municipality in the County to the application of the Administrative Procedures Act, Chapter 120, Florida Statutes This declaration of ~ntent and e×clusion shall apply to all proceedings taken as a result of cr pursuant tc this Ordinance including specifically, but not limited to, consideration of a petition for Vested Righls determination under Section 3.03, a determination of entitlement to an Impact Fee Waiver or Authorization for Deferral pursuant to Section 2.04, and a review hearing under Section Section 3.10. Repeal of County Ordinances. Collier County Ordinance No. 88-96, as amended by Ordinance No. 91-39, as amended bp' Ordinance No. 92-29, as amended by Ordinance ~o. 92-97, as amended by Ordinance No. 93-52, as amended ky Ordinance No. 94-6, as amended by Ordinance No. 94-17, 3~ 12[; as amended by Ordinance No. 94-50, as amended by Ordinance No. 95-23, as amended by Ordinance No. 96-19, as amended by Ordinance No. 99~23, is hereby repealed in its entirety. Section 3.11. Inclusion in Code of laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered :o accomplish such, and the word "ordinance" may be changed to "section", "article", or an}, other appropriate word. Section 3.12. Severability. If any clause, section or provision of this Ordinance shall be declared unconstitutional or invalid for any reason or cause, the remaining portion of said Ordinance shall be in full force and effect and be valid as if such invalid portion thereof had not been incorporated herein. In the event it is held or construed by any court of competent jurisdiction that the County does not possess the power or authority to impose the Park Impact Fee within municipal areas or that the imposition of the Park Impact Fees within municipal areas is declared invalid or unconstitutional for any purpose, such declaration of unconstitutionality or invalidity shall not affect the validity or consti%utionalit7, o~ the imposition o~ the Park impact Fee in the unincorporated area of the Count}' and it is the intent of the County, in such event, that such imposition of Impact Fees in the unincorporated areas remain valid and in force. 3~ Section 3.13. Effective Date. This Ordinance shall become effective upon filing with the Florida Department of State. DULY A~DOPTED in regular session, this ~ da}' of ~ ' ~1..~ 1999. ATTEST: DWIGHT E. BROCK, CLERK ,'~ t~ , '-.d'l ,. Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA P ma n Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney 37 T Re§ional ~ Componen! ('it',,' of N,q',l.-,. ._.~ ).8~ (:it',,' r:,f ;',lar('o Isl,mrl Communily Component 57102 Tolal Park Impacl Fee 82().R4 -t 249.82 A P P ~ N_~}~B $ T_A ~ LD~J ~DJ~ k ~LLT~A_T_LO_N ~ 'The following set forth the applicable definitions and benefit standards for Affordable Housing Dwelling Units for the purpose of determining eligibility for Irnpacl Fee waivers and deferrals (hereto referred to as "benefits"). I. DEFINITIONS OF AFFORDABt. E HOUSING INCOME GROUPS a) Very Iow income families means those families whose racemes do not exceed fifty percent (50%) of the median raceme for the area as determined by the Secretary of the U.S. Deparlment of Housing and Urban Development (area median income). b) Lo,,',, income families means those families whose incomes are more than fifty percent (50%) and do not exceed sixty percent (60%) of the area median income as determined by the Secretary of the U.S. Departmenl of Housing and Urban Development (area median ~ncome). c) Moderate income families means those families whose incomes are more than sixty percent (60%) and do not exceed eighty percenl (80%) of the area median income as determined by the Secretary of the U.S. Depadment of Housing and Urban Developmenl (area median rocor'ne). For a Dwelling Unit to be determined to be affordable, the monthly rent or monthly mortgage payment, including property taxes and insurance shall not be in excess of thirty percent (30%) of the families household income. In no instance will rental limits exceed the rental limits established by the FIorida Housing Finance Agency for renls adjusted to bedroom size in projects assisted under the SAIL Loan Program or the Low Income Housing Tax Credit Program based on unit size. If. BENEFIT STANDARDS a) Afforda01e Housing owner-occupied Dwelling Units which exclusively serve very Iow income families and which are the owner's homestead shall have one hundred percent (100%) of the applicable Impact Fee waived pursuant to the terms of the Impacl Fee Ordinance. b) Affordable Housing rental Dwelling Units which exclusively serve very Iow income families shall have one hundred percent (100%) of the applicable Impacl Fee deferred pursuant to the terms of the Impact Fee Ordinance. c] Affordable Housing owner-occupied Dwelling Units which exclusively serve Iow-income far'n~lies and v,,hich are ~he owner's homestead shall have fifty percent (50%) of the applicable Impact Fees waived and have fifty percent (50%) of the applicable Impact Fee deferred pursuant to the terms of the Impact Fee Ordinance d) Affordable Housing rental Dwelling Units which exclusively serve Iow income families shall pay fifty percent (50%) of the applicable Impact Fee, and shall have fifty percent (50%) of the applicable Impact Fee deferred, pursuant to the terms of lhe Impact Fee Ordinance e) Affordable Housing owner-occupied Dwelling Units which exclusively serve moderate raceme families and which are the owner's homestead shall be required to pay twenty-five percent (25%) of the applicable Impact Fee, and shall have seventy-five percent (75%) of the applicable Impact Fee deferred pursuant to lhe terms of the Impact Fee Ordinance. i') Parks and Recreational Facilities Impact Construction which meets the criteria set forth in Subsections b and c of Section 3,04 constructed by an Agency of Collier Courtly or by an Independent Governmental Agency pursuant to an interlocal agreement with Collier County and which construction is one hundred percent (100%) government funded shall have one hundred percent (100%) of the Impact Fees for that construction waived, pursuant to the terms of the Impact Fee Ordinance. NOTE: An Amendment to the Appendix shall require a public hearing of the Board of County Commissioners occurring after 5:00 p.m. 12C 3. 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. 99-39 Which was adopted by the Board of County Commissioners on the 25th day of May, 1999, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 25th day of May, 1999. DWIGHT E. BROCK Clerk o~ Courts and Cler%~[i{;~' '~'~ , Ex-officio tO Board.,of"''"i''' · , ~,'' .' C, Du~ty Commissioner'.s:~ ,~ ~i~.~. ¥~<:',"{~., %. '... .. ',.; .i'. r;,') By: Lisa S~eele', ~ / .-, ~',;~ ' Deputy Clerk - ~ ~ . ~ ,.-,.. · , COI.I,IER COUNTY FI.ORIDA RE¢)UEST FOR i. EGAI. ADVERTISIN(; OF lq;BI.lC IIEARINGS To: Clerk to Ihe Board: I'Ic~se place ~t~t' f. llo~vin~ a~ a: X No~llegalAdvcmscmcnl ~ Other: (Display Adv.. location, etc. ) ~ 1) icl):~.it1 C. Wei~el. C,mnD:...,,ttorp~ Petition No. (If none. gv.'c bric:' ttcscr?mm ): ()rdinnnce m reimpose the Six-(Jelll I.ocal ()ptim~ Fuel Petitioner: (Name & Addressl N .X Name & Address of an,..' pt.'rs~r;/sl to he nmll~.:d 3w (i'lcrk' (')fficc: {If rm,e space is needed. ;math separate shin.t) N/A ' ttearingbefore XXfZt'(' BZ,X ()thor Rcquc:ilcd }lcarmg date: Il,,! ,t.,. ,)l: a,!'.rr:i.,c:::t:::; :U~?t.:l::;:.z 1() da,.s behm: i~t'arlng..gl:Iv 25. 1999 Nc'.vspaperls~ t, i:c uwd ~ ',,r::ph-:c ,mi'. :t :;::[',,r;:m~ XX Naples [)ail',' Ncu. s '- t):hcr _-~ l.t'.'.:aJlv I(equlrrl{ Proposed Text: ([ncJud,.: lc:z:.,[ dc';cr:p:{~m ,_~: c,n::r:l<m h~,:z:l;tm & ~.,:. SEE ATTACIIEI) StIKKT \VITI! ORI)IN..\.\;CE TITI.E F()P, AI)VERTISIN(L Companionpctmtmi~,/. ~ta:r.'dc [',r~;' ,,c,! hca;m::da:c ~'Orle County Altornev ..\cc.t,n! OOl-lllO510 Revie,.ved bv: I)ISTltlII/"I'10'x' I \'51'l'R I '¢ "12()N% For hearings hef. reBC('or BZA: I.ilia{i.,4pcrso. I.c.mpleieo,ec.y..,ndolnainl)ivisio. llcadapprov:dl)efi~re submiltinl~ Io (J,unly .Xl:ma~er..\'ole: Il' {e'..l'al ,h,cumenl i,, i.volved, be sure Ih;,i '-,ny neces~,ary legal review, or reques~ for same. is st,brnirred it, ¢'ounlv ..Xtt~rr~t.v bef,~re ',l,bmittin~ I,.~ (;romp,' 51an:~l~t,r. The .Ma.a/4er',; of'Ucc will (lislribme copies: . [~ COllllt)' .Manager a~,enda flit.: to '-: I~t',tut'srln2 l)ix i~i,,n -- . Clerk's Office - ._ ~)rl~inal FOR CLERK'S OFFICE USE ONI.Y: 1.2C 4' (9g.1. ! 'r/4-8¢o8 (941} 7'74-8,~0 ~ 12C Ma}' 6, 1999 Ms. Para Perrel! Naples Dail}' News 1075 Central Avenue Naples, Florida 34102 Re: Ordinance of the six cents local option fuel tax Dear Pam: Please advertise the above referenced notice one time on Friday, May 14, 1999, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Lisa Steele, Deputy Clerk Purchase No. 001-010510 1ZC 4 NOTICE OF INTENT TO CONSIDER ORDIN~{CE Notice is hereby given that on TUESDAY, MilkY 25~1999 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 proposed Ordinance is as follows: ORDINANCE PURSUA/'IT TO SECTION 326.025, FLORIDA STATUTES, PROVIDING FOR THE REIMPOSITiON D24D EXTENSION OF LEVY OF THE SIX CENTS LOCAl. OPTION FUEL TAX. UPON EVERY GALLON OF MOTOR FUEL ?~D DIESEL FUEL SOLD iN COLLIER COUNTY AND TAZfED U~DER THE PROVISIONS OF CHAPTER 206, FLORIDA STATUTES,' PROVIDING FOR TITLE ~2~D CITATION; PROVIDING FINDINGS DIeD PURPOSE,' PROVIDING THE EFFECTIVE DATE OF REIMPOSITION A~D EXTENSION OF LOCAL OPTiO:'; FUEL TA/~. DigD DURATION; PROVIDING FOR COLLECTION A~.~D DISTRIBUTION OF LOCAL OPTION FUEL TPO[ AND PROVIDING FOR USE OF LOCAL OPTION FUEL TAX REVENUES; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT DlqD SEVEPJIBiLTIY; PROVIDING FOR SUPERSEDING OF ORDINANCE NO. 89-27; AND PROVIDING AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to Lhe Board and are available for inspection. Ail 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 an}' 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 i0 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. Ail material used in presentations before the Eoard will become a permanent part of the record. An), person who decides to appeal a decision of the Board wilt need a record of the proceedings pertaininc thereto and ~herefore, 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 COb-NTY COMMISSIONERS COLLIER COUNTY, FLORIDA P~4ELA S. MAC'KIE, CHAIRWOMAN DWIGHT E. BROCK, CLERK By: /s/Lisa Steele, Deputy Clerk (SEAL} ORI)I~NAN(~I'~ NO. OI~,I)I~N:\.NCI'i I'UI~SU:\,NT T() SI,X.71'ION J36.02S. .~'7~.IT(~TES. I'ROVIDISG FOR TIlE REIMPOSITIO~~ EXTESSION (iF I~EVY OF TIlE SIX CE~"FS I~OCAI~ FUEl. TAX UPOS EVERY GALl.ON OF MOTOR FUEl. DIESEl. FUEI~ SOIA) IS COI.I~IER COUNTY ANI) TAXED UNI)EI~ TIlE I'ROVISIONS OF CIIAPTER 206, ST/ITUTES; I, ROVIDING FOR TITI.E AND (~ITATION; I'ROVIDIN(; FINDINGS AND PURPOSE; PROVIDIN(; Till'; EFFECTIVE I)ATE OF REIMPOSITION ANI) EXTI';NSIf)N (iF I.OCAI. OPTION FUEl. TAX AND DURATION; PROVIDIN(; l:OIt ('()I.I.ECTION ANI) DISTRIBUTION OF I,OCAI, OPTI()N TAX AND I'ROVII)ING FOR USE OF I.OCAI. OI'TION '1'AX RILVENU1{S; I'R()VIDIN(; F()I[ INCI.USION IN 'FIIE {)[.' [~:XWS AND ()RI)INANCES; ['ROVIDING FOR ('ONFI.I(TT AND SILVER:~IIII,I'FV: PROVII)ING FOR SUPERSI.U}INf; (iF ()I{I)INAN('Iq NO. 80-27; ANI) I'I~()VIDIN(; AN I.;FFIqCTIVI'; 1)ATE. V,'I IILRE.X%. %cction 33h.~}25. /'7r~rid, t .h'ttitltlUs. provides fi*r tim levy of up to six Ordinance N{*. S').27. Drown :~s "Collier ('ounty Six ('ems I.r~cal Option (};is 'I';~x ()rdin;mcc;" WI IERIL.X5. 5cctinn 33(,.t)25. /"[r~rtrhl .h'trHtttc.v. provides th:it levies t~l' thc h~cal fllcl I:~x which xt crc nl cl'l~c:i nn .It]Iv 1. 19{)fl. :md which expire {~n zkllgt~sl 31 .f' any year nj:fy be V.'I [i{R[{.[S. nl,nn cxp~r:nmn, thc Izlx rnav he rclcvicd j~n~vitJctl Ih;mi ;l rcdclcrmJn:mrm XVIIILRE..X%. ('o}licr ('tllllltV }liIS mloplc(J ;t [:ivc-h'c:~r Sccnnd:,rv R.ad l'rogr:mm WI IIiRE.,XS, delays in undcrl:mking specific ro:ldwav improvcmcnls outlined in thc Secondary Rnild Pr.gram duc In insui-ticicnt Cncl lax rcvcnncs will rcstHt in increased mad constnxction expenditures and result itl i1 tlccrcilsc Iml thc level nC road service on Cmmty arterial 12C fllcl smd in ('.llicr Coumy is necessary m filnd cnns~rucdnn c,r lransporlafim~ facilities, and public health, safety, and we{fare oI'fl~c ci~}xcn~ of;md vi~ilnr~ lo C'ollicr ('rarely. Florida. NOW, TllEREFORI{, BE IT ()RI%XIXED IIY TIlE I]C%XRI~ ()l: COMMISSIONERS OF ('OI.I.IER COl IN'FY, FI.ORIDA This Ordm;mcc shall bc knm~n ami cilcd ;m Ibc "Collier ('rarely Six ('cms l.ocal Fuel Tax ()rdinancc." ('oilier ('mlllty, I:l(~rida. lhal thc Jcvv i~l' Ibc ~ix ('cflls l,oc;l] Oplion Fucl l'ax m~ every galhm m(~lor fllcJ and diesel fuel s,,hl m ('olhcr ('rarely and laxcd umlcr Iht prm ismns of ('haplcr 2(16, ]Z/orl~][i ,~'l(lfz~lu.~. is IlCCcSSal'V h~ fnnd major Iransporlalion facililics and imprm, cmcnls and repair and maimam cxism~g mmspormmm R~cili~ics. Thc IcvvoFIhc Six ('cms I.ocal Option Fuel Tax is determined Iobc necessary lO promolc Ibc public hcallh, softly, ami welfare of cilixcllfi ol'alld ~ i~ilors Io C'~llicr COIInly, I:h~rida, There is hereby established, levied and imposed ll]c Six Ceres I.oca] Option Fuel Tax upon every SalIon of minor fucl and dicscl l}]cl soht in Collier COmllV and laxcd umlcr Ibc provisions of('halXcr ZOfl./"h.'Ma .~'mmmx. as provided in Scclion 33/~.~)2~,/"//.'ida Thc 5ix CcnIs I.ocal Option Fucl Tax shalt bc cxlcndcd cl'[k'clivc Suplcmbcr I, 1999 fi~r period of sixteen ( IfiI years m expire on .,~tl~tlsl 3], 2015. ~hc Six Ccms Ix~cal Optmn Fucl Tax shall bc c~fllcclcd m thc same manner as all other tim] laxcs pursUanl to ('hapicr 2it/,. /.'/,,r,,~h~ 5'ta/uw~-. Thc dislrilmlion ot'fl~c l~cal oplion l'ucl tax within C'ollfcr County rcl~rcscnhnF a IT1;IIC~FJl}' Oj' Ibc populamm 4 Iht mcorporalcd areas within Collier ('oumy, ~hich intcrJ,~ca{ a~rccn]cnt shal{ provide a dislrihmi(m I~rmtila [~r dividing entire proceeds of thc tax :mmn~ ('nllicr ('numv and all cligihlc municipalilics within Collier County. If an inlcrlocal agrccmcm is not cxcctllcd pursuant Ia Section 336,o25./:Inri~h~ prior Io JlJlv 1, 1999, ltlc pr(~ccCds of lhc mx shaJJ bc dislr~hulcd among,. Collier C'ounJv and eligible illlllliCipalitics })ilSCN J311 filL' lrilllSporlalJo~l cxpcndilurcs o1' each fix Iht J}vc J]SC:l] Page 1.2C for Collier Counly and all municipalities within Collier County, pursuant Io llm provisions of Section 336.025, Florida The revenues from Ibc Six Ccnls Local Option Fucl Tax shall be used For "transponamm cxpcndilurcs" as provided in Scclioo 336.025, Florida ,~'tatutcs. Thc provisions or this Ordioancc shall hcconlc and madc a pan ol' thc Code of l.aws alld Ordinanccs of Collier County, Florida. ThcscclionsoftheOrdinancemayhcrcnumhcrcd or re- lettered to accomplish such, and thc word "ordinance may be changed lo "section", "article". any other appropriate word. In Ibc event Ibis OrdmmlCC conflicls with any other Ordinance oFCollicr County or other applicable I:m', thc mnre rcslriCliVC shall apply. IF;my phrase or portion oflhc OrdhlaOCC is hchl invalid (~r uncmlstituliona[ hy any com-t oFcompctcnt jurisdiction, such portion shall he dccmcd a separate, distinct and independent provision and such holding shall not affect the validity of remaining ponbn. This Ordinance supersedes Ordinance No. 89-27, adopted on May 9, 1989, upon its tc~ination on Auzust 31, 1999. This Ordinance shall hccomc effective upon filing with thc Dcpammcnl oFStalc. PASSEl) AND DUI.Y ADOPT[iD by thc Board of County Commissioners oF Chiller County, Florida, this day of , 1999. ATTEST: DWIGItT E. tlP, OCI,;. ('I.I!P,K By: By: Approved as to Form and legal sufficiency: David C. \Vcigc~ ~ County Allorncy BOARD OF COUNTY COMM IS.qlONt:.P,S ()F C()I.I.1ER COUN'I Y, FI.ORIDA PAMEI.A S. MAC'KIE. CIIAII,',WOM^N l'~gc 3 oF 3 Naples Daily tleus tlaples, FL 34102 Affidavit of Publication Naples Daily Neus BOARD OF COUNTY COMMISSIOUERS ATTN: TONYA PHILLIPS PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 #001-010510 57876929 336.025 NOTICE O~ IN State of Florida County of Collier Before the undersigned authority, personally appeared B. Lam~, who on oath says that she serves as the Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at flap[es, in Collier County, Florida; that the attached copy of Advertising was published in said newsl~per on datea listed. Affiant further says that the said Naples Daily News t$ a newspaper p~Jblished at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously pub[iahed in said Collier County, Florida, each day and has been entered as second class mail matter at the post office i~ Naples, in said Collier C~Jnty, Florida, for a period of 1 year next preceding the first publication of the attached copy of ~dvertisement; and affiant further says that she has neither paid nor promised any person, firm or coporation any disco*Jnt, rebate, com~ission or refund for the purpoae of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 05/14 AD SPACE: 134.00<3 INCH FILED ON: 05/14/99 Signature of Affiant 5~orn to and Subscribed before me this I c__~ day of ~/~ ~:~..~,~ 19C~ 336.02S NOTIC~ OF INTENT TO CONSIOER O~DINAN(.E B~m'dr o~m 3rd FI~, ~ C~, 3~1 T~ Trall~ C~n~ co~e ~ 9~ A.~ ORDINANCE PURSU- ANT TO SECTION 336.025, FLORIDA STATUTES, PR OVID- lNG FOR T I O N AND EXTENSION OF LEVY ~ THE SIX CENTS GALLON ~ MOT~ FUEL AND DIESEL FUEL ~O IN C~- DA STATUTES ~O- V O NO FOR TITLE AND CITATION' ~O- VIOING FINDINGS AND ~RPO~; P~O- VIDING THE TIVE DATE OF EXTEN~N ~ OPTION FULE TAX AND ~ATi~; PRO- VIDING F~ C[LEC- CAL OPTION FUEL TAX AND ~OVIDING F~ U~ ~ L~AL OPTION ~UEL TAX RE~N~S; PROVlD. lNG F~ IN THE CODE OF LAWS AND OROI. NANCES; P~OVIOING F~ CO~L~T AND VIDING F~ '~R S E DING OF ~NA~E NO. 19-~' A~ ~OV~ING EF~CTI~ ~ ~em must m~ed ~ ~ ~e ~d ~ ~ O re- ~, which rec~d O OF COUNTY OMMI~O~ S OLLIER COUHTY~ ~A PAMELA S. ~WO~N CI~ 12C 4. ()RI)INAN('E NO. gg- 40 ()RI)INAN('E I,t'It. SU:\NT T() SECTFION 336.025, I.'LORID.,I .¥TATI:TI'LS'. PR()VII)IN(; FOR TIlE I~tEIMPOSI'I'I()N ANI) EXTENSION ¢)1-' I,E\'Y ()F TIlE SIX CENTS I,O('AI, ()I'TI()N I.'t'EI. TAX L'I'()N EVERY (;AI,I,ON OI,' .MOTOR FL!El, ANI) DIESEl. FUEl, SOLA) IN ('()I,I,IER C()L'N'FY AND T:\XEI) I;NI)ER TIlE I'P, OVISION% OF (:Ii:\i'TEI~, 206, I.'LORID.,I STA TUTE.~,': I,P, OVIDIN(; FOR TITI,E ANI) ('ITATI()N: pR()vII)IN(; FINI)INC;S AND PURPOSE: PROVII)IN(; TIlE EFFECTIVE I)..VFE ()F ltEIMPOSITION AND EXTENSION ()F I,O('AI, ()PT1ON FUEl, TAX ANI) I)UR,VFION: PROVII)IN(; F()R ('()I,I.I:.CTI()N AND DIS'I'I~,IP, UTION OF I,OCAI, OPTION FUI:,I, TAX AND I'R()VII)IN(; FOR USE OF I,()CAI, OPTION FUEl, T:\X REVENVES: PROVII)ING FOR IN(~I.USION IN TIlE COI)E ()1.' I.:\\YS ANI) I)RI)IN:\N(~ES: PROVII)INC; FOR C()NFI,I('T ANI) ,~EVER:~.BII,ITY: I'R()VII)IN(; FOR SUI'ERSEI)IN(; ()F ()[U)IN:\N('E N(). 8g-27: AND I'I~,OVII)IN(; AN EFFE(71'IVI.~ I)ATE. WIIf{RIi:\2. gccli,n t3(,.(125. /'/or,I, .gatlm's. provides fi~r thc Icvv of up lo mx local oplmn fuel lax upon cxcr}' giliit)ll tl]' molor fucl and diesel filcl sold in a cotlllly illld laxcd WI II~RI'...XS. ('elliot (',tomy ifllpOscd 111C SlX CClltfi local option fuel lax hF thc atJopiJ~m ~1' Ordinance No S')-27, kno',~ ~l as "('t~lllcr ('Otlll[? 5iX ('ellis l_ocal Optioll (}as Tax ()rdill;UlCC;" and Wl iEI{I'.AS. Section 33~J~25. l"Jori~hl ,S~iluwx, provides tlmt levies of tJ~c local fuel his. %t hic:h x%crc in cl'tbc~ Oll Jtlly 1. 19g(h illin xkhich expire (m Augusl 31 ,~J'illly ?car Ill:lV rcimposc'd cl'l~ctivc ScplcHlhcr ] oJ'thc Fear of cxplratiotl; alld WilERE..XS. st,ch lax levied pursuam Io Section 336.f~25. l. Tr.'id..SVamw.v. nlav hc exlcndcd hF ;ldopthH1 of ;ill ordHlallcc oll il majorlty vole of lJlg govcrllillg body of tile COtllllV; and WIIERhAS. ('oilier ('ounly has adopted a J. ivoYcar Secondary Ro:id Program WItERILAS. dub,ss m undcrli~kmg specific r,~adx~av mll~roxcmcnts .t,dincd m thc SecondaO' Road I~rogranl duc lo insul'l]cicnt fuel tax revenues will rcsull in increased road construction cxpcndilurcs and result in a decrease m lbo JcvoJ oJ' road service t)ll ('OtllltV arlcri;iJ roadwilS'S; 12C 4 fucl sold in 'oilier County is ncccssa~' to fired consmlction of Iransporlalion facilhics, ami rcpmr and maintcmmcc nf transportation f;tcilities, all of which nrc necessary m pro.lolc thc public hcahh, sal'cty, and ~c]l]lrc of thc citizens of and visitors Io Collier County. Florida, NOW. TIll{RIff:ORE. BE IT ()RI)AINED BY TIlE ItOARD COMMISS[()Ni~RS ()[: ('()I[.IER ('()['N]Y. FI.ORIDA that: 'I his Ordinance shall bc known ami cited as thc "Collier County Six ('chis Fucl 'lax Ordmancc.'' It has bccn determined hv majority rotc o~ Ibc Bnard of ('otll~tv ('ommissitmcrs ('oilier ('oum?. ['l,*rMa. lhal ibc Icy', of thc gix ('m~ts l.ocal Option Fuel Tax m~ every galhm molor fuel ami diesel fuc~ snM m ('oilier ('ountv ami taxed trader thc provisi{ms o['('haplcr 206. b'[ot'idrt ,h'httuh'~, Is ncccssarx to ['trod major transportation fhcilitics and mq~rovcmcnts ami repair ami n~aintai, cxistin~ transportalion lhcili~ics. Thc ]cvv of' Iht Six ('cr~ts l.~c;ll ()pticn [:uc] Tax ~s dctcrinlncd h~ bc ncccss'arv to prom(dc thc public hcahh, saJ~qy, arid wcllhrc ~)f thc citizens of' ami ~ isimrs to {'~filicr ('ou~qy. Fhwida. There ts hereby csmhlishcd. Icxicd and imposed thc Six Cents I.ncal Option Fucl Tax upon every gaJloH of motor ftlcl and diesel fiJcl sohl in ('oilier ('ounly ;llld laxcd under thc pr~)visions {)l' ('haptcr 2rm. /"lt.'Id. ~5'l~lltt/('5. ils providcd ill Scction 33(,.025. /:/./'ir& '['h~ ~lx ('cms I,~cal ()piton Fucl ['ax shall bc cxlcndcd cfl~ctivc Scplcmhcr pcrJod of sixtcc~l (1(0 years h) expire on August 31. 2015. '[ hq Six ('cms I.oca] ()plion [:ucl Tax shall be collected in the SillllC tnanncr as all other fuel taxes [)urstlatlt h~ ('}la[Mcr 206. /"[ortr/(l ,$'htlulcx. 'l'}lc dislribution of thc local option fuel lax revenues shall bc purst~altl Io intcrlocaI ugrccmcut with {mc or more of thc mun;cipalitics located within ('oilier ('ounty rcprcscmmg a malorily of Ibc population of thc incoqmratcd areas widm~ Collier County. which intcrh~cal agreement shall provide a distribution lbmmla fi~r dividing thc entire proceeds of thc lax alllo~lg ('oilier ('OUIll) alld all eligible municipalities xxilJUll Collic~ County. If ;m intcrJoca] agrccmclll i.q iI~t executed pursuant lo Section 336.025. l'7or/do prior Io .ltl]y I. 1999. thc pr,~cccds (fl' thc tflx shall be distributed ilBlO[lg ('oilier ('otlBtv eligible nltmicipalitics i~ascd on lite tratlsporhditm cxpcndituros of oath Ibr thc five tiscal 5'cars preccding thc year in which thc tax is aullmrizcd, as a propomim~ of thc tolal of such cxpcndi~tucs ['age 20 4 R~r ('oilier (',runty aim all municipalities within ('oilier Courtly. pursu;mi m linc pmvisicms Thc rc~ cnucs from ll~c Six Ccms I.ocaJ Oplion Fuel Tax shall hc used R~r "lransporlali,m ¢xpcndhurcs" as provided in Nccmm 33h.(125. l,'h.'idu 3'tUtUlCS. Thc jwox iMoiis ol' this ( )rdilla[1cc shall bcCOlllC alld illadC il parl of Ibc ( 'l)t]c of J,aws ami Ordinances of ('oilier ('mmic. J:h~rida. Thc sections of tim OrdiBallCC [llay bc rcnumbcrcd .r ro IcUcrcd ~o accomplish such. ami dig word "ordinance i11ay hR cJl;m~cd Io "suction", "article". any ollmr approprialc word. In thc cvcnl Ibis ()rdmuncc conllicls wdh any olhcr Ordinance iff ('oilier ('ounty or olhcr applicable hixx. Ibc more rcslnclwc shall apply. If any phrase or porlmn or'thc ()rdimmcc is held invaJRJ or Llnconsliltdiorlal t~ any courl ,~l'corllpclcnl jurisdiclimx such porlion six,Il bc dccmcd a scparalc, dislincl ami mdcpcmlcntpro~isionand such hoklingshall not a/'tkclthcv;dklitv rclllahlillg porliorl. This ()rdmancc supersedes ()rdillallCC No. S9.27, adopted on May 9, ]')SU, IlpOll ils Icrminalion on August 3 I. ~: .:~ ..~ .,. This C)rdinancc shah become cflk'clivc upon liling with lhe []Cl~arlmcnl ol'Slatc. PASSED AND DUI.Y AI)OPTliD hv thc Board of County ('ommissioncrs of ('oilier ~.~ ('ounly. Florida. ti,is 'L~' 5_ day <~f ..'[L~'_Oj! ........ 1999. ATTEST: DWIGHF Approved as to Form and legal suflicicnc>: David C. Courtly ltO,,\Rl) OF COUN'FY COMMISSIONF. RS ()F ('OI.I_IER COUNT'F. FI.ORIDA PAMILI_,X ~. MA("KIE, (~IIALRW()MAN t'agc 3 I t STATE OF FLORIDAI 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: ORDINA!WCE NO. 99-40 Which was adopted by the Board of County Commissioners on the 25th day of May, 1999, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 25th day of May, 1999. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board'~0f~ :, Commissioners By: Lisa Steele, Deputy Clerk RESOLUTION NO. 99- 27 A RfLSOI.UTION OF 'I'[IE COI.I.I[iR COUNTY I~OAR[) (}F COIJN'I'Y CONIMI$SIONI'2I~,5, TO I-2 N'I'I-2 R INTO AN I N'I'I-2R I.()CAI. AGI{~[~Mf-2NT l:Ot~, Tit\-2 CI,[tdA'I'ION OI: iI tI~ C()I.I.It~P~ C()[JNTY Mt:fI*[~OI)OI.ITA N I~I.ANNING OI~GANIZATION. AND AUTt tOP, IZI NG TI II:_ CI IAI P,x~VOMAN 'FO t~XI-2C UTI-2 'I'I IE AG I>, I:.I:. M I:2 N T. ltYtcre.,s, th¢ (-Mvcrnc)r o[' thc Slate ()f kloricia approved a re,.i,4cd Incmbcrqdp plan 12~r thc ,\letropolit:~n Planning ()rganizalion lO inch~dc lhe City of Xlarco Island on ()cts.)her 2,";, 199,q, ami Il 7tereu.v, thc Florida Department cd'Transportation has asked that ibc Board t)/'Ctmnty Commissioners. ~he City of Xlarc~ Island, arid the City of Naples apt)nwc thc State of Florid;h Department c)t' Transportation. Interlocal Agreement tk~r the Creation of the Collier ('t)tllllv ,Xlctropolitan Phmnin~ ()rganiza~inn (hcrcinaflcr rcfk'rrect to as the "AGI~I(!tXlIiN'I"'L NO\V, '1'ii EI{I'2F()I,II.:. P,I'2 IT I,It'7S()1.V!'21} bv the (2dlicr ('{runty lk)ard Cornrrdssioncrs that Thc Coilicr County IMard ot'Cot;mv ('c, mmissioners is authorized to cnler inl~ thc ,,\ ('; R l-~l-],X 1F. X T execute thc ,,\(iI),I!IL\II:..','T DUI.Y PAS.qF.I),.tX[),,\[)OIq'i:.l)'I'II[.~_~-C?" D,,\Y 0 . ._ , . , ATTF. ST: I)WIGI tTE. BROCK. ('I.I.:P,K ...... *' ,' '..'h, 'r;,~..'.l 5 AP¢lS,.iO~,q-;l) .\S:TO. F(.)I*,.\I .,\NI) I.F.G..\ I. SUFFICII:.NCY / , David C. Wci?l, C(mntv ('()l.l.lliR C()UNTY F;()..\I~,I) ()F ('OUNTY ('ON1MI,C,S IONI-2RS PA.XlF.[.,,\ S ,XI,.\C'KIIL Ct I,,\[IL\VOMA N 2506604 OR: 2571 PG: 2659 0)/J9/1999 at 09:12AM DWIGHT l. BROCK, CLIR~ HC ~! 51.00 ~et~: I)?)~O)HC! (?R )~00~ , STATE OF I.'LORIDA DEPARTMENT OF TRANSI~)RTATION I,~,"I'ERLOCAI. AGREEMENT FOR CREATION Ol.' Tlll'] COLI.IER COUNTY MF21'ROPOIATAN I'I.ANNING O]~GANIZATION , 1999, by and between the FLORIDA [)EPARTMI:.NW OF TRANSPORTATION: COI.I.IF.R COUNTY; the CITY OF N1ARCO ISI.AND; AND THE CITY OF NAPLES. WITNESSETH WHEREAS. statutes require the creation of metropolitan planning organizations to develop transportation plans and programs for urbanized areas as a condition to thc receipt of federal capital or operating assistance, and that each metropolitan area has a continuing, cooperative, and comprehensive transportation planning process that results in plans and programs reflecting consideration of the likely effect of transportation policy decisions on land use and development and the consistency of transportation plans and programs with the provisions of ail applicable short and long term land usc and development plans: and WHEREAS, thc parties to this lntcrlocal Agreement desire to participate cooperatively in the performance of such a transportation planning process to assure that highway facilities, mass transit, rail systems, air.transportation and other intermodal facilities will be properly located and developed in relation to the overall plan of community development: and WHEREAS, pursuant to statutes, a determination has been made by tile Governor and units of general purpose local government representing at least 75% of the affected population in the metropolitan area to designale a mctrolx>litan planning organization; and WtlF. REAS, pursuant to statutes and by letter dated October 28, 1998 lo Mr. Timothy J. Constantine, Clmirperson, Naples (Collier County) Metropolitan Planning Organization, Ibc Governor has agreed to the revised membership re'apportionment pla. n of the MPO as set forth in this Agreement; and WHEREAS, pursu,'mt to statutes, an interlocal agreement must be entered into by the Department and the governmental entities designated by the Governor for membership on thc MPO; NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations herein, the parties desiring to be legally bound, do agree as Follows: ARTICLE I Section 1.0I. ~. -Each and all of the foregoing recitals are incorporated herein and acknowledged to be true and correct to the best of the parties' knowledge. Failure of any of the foregoing recitals to be true and correct shall not operate to invalidate this Agreement. OR: 2571 PG: 2660 Pa~c 2 o£ II Section 1.02. ~. 'IT~e following words when used in this Agreement (unless thc context shall clearly indicate the contrary) shal! have the Following meanings: "Agreement" means and refers to this instrument, as amended from time to time. 'Department'means and refers to thc Florida Department of Transportation, all agency of lhe State of Florida. "FHWA' means and refers to thc Federal l-tighway Administmlion. "FTA" means and refers 1o thc I:cdcr;d Transil Administration. 'Long Range Transportation Plan (I.RTI~)'' is the 20-year plan which: identifies transportation facilities; includes a financial [>lan that demonstrates how the plan can be implemented and assesses capital improvements necessary to preserve the existing metropolitan transportation system and make efficient use of existing transportation facilities, indicates proposed transportation enhancement activities: and in ozone/carbon monoxide nonattainment areas is coordinated wittn thc .State Implementation Plan, ail as required by applicable statutes. "Metropolitan Area" means and refers to the planning area as delineated by thc Mt'(') for thc urbanized area containing at least a population of 50,000 as described in thc statutes. "MPO" means and refers to the metropolitan planning organization formed pursuant to this Agreement. "Statutes" mean and refer to state and federal statutes, rules, regulations, including but not limited to, Titles 23 and 49 United States Code and Chapters 112. 119, 163, 215, 287, and 339, Florida Statutes, as amended. "Transportation Improvement I'rogram (TIP)" is the transportation document which includes the following components: a priority list of projects and project phases; a list of projects proposed for funding; a financial plan demonstrating how the TIP can be implemented; a listing of group projects; an indication of whether the projects and project phases are consistent with applicable local government comprehensive plans adopted pursuant to statutes; and an indication or' how improvements are consistent, to the maximum extent feasible, with affected seaport and airport master plans and with public transit development plans of the units of local government located within the boundaries of the MPO, all as required by statutes. "Unified Planning Work Program (UPWP)" is the annual plan developed in cooperation with thc Department and public transportation providers, that lists all planning tasks to be undertaken during a program year, together with a complete description thereof and an estimated budget, all as required by statutes. OR: 2571 PG: 2661 Page 3 of 1 I ARTICLE 2 Section 2.01. Gc&c, zlLPmrl:g/~. Thc purpose of this Agreement is to establish thc MPO: (a) To assist in the development of transportation systems embracing various modes of transportation in a manner that will maximize the mobility of people and goods within and through this metropolitan area of this state and minimize, to the maximum extent feasible for transportation- related fuel consumption and air pollution; (b) 'Fo develop transportation plans and programs, in cooperation with the Department, which plans and programs provide for the development of transportation facilities lhat will function as a multi-modal and as an intermodal transportation system for the metropolitan area; (c) To implement and ensure a continuing, cooperative, and comprehensive transportation planning process that results in coordinated plans and programs consistent with the comprehensively planned development of this affected metropolitan area in cooperation with the Department; (d) To assure eligibility for the receipt of Federal capital and operating assistance pursuant to applicable statutes; (e) To carry out the metropolitan transportation planning process in cooperation with the Department, as required by and consistent with, applicable statutes. Section 2.02. ~a, ig.L~12?_Q~¢sponsibilitics. ]'he MPO is intended to be a forum lbr coo~mtive decision making by officials of the governmental entities which are party to this Agreement in the development of transportation~related plans and programs, including but not limited to: (a) Long Range Transportation Plan; (b) Transportation Improvement Program; (c) Unified Planning Work Program; (d) Congestion Management System for the metro[x)litan area as required by statutes; (e) Assisting the Department in mapping transportation planning boundaries required by statutes; (0 Assisting the Department in performing its duties relating to access management, functional classification of roads, and data collection; and OR: 16A 2 2571 PG: 2662 Page 4 of l I (g) Performing such other tasks presently or hereafter as required by statutes. Section 2.03. ~PO decisions coordinatctLwith FDOT and consistent with comprehensive pla~. The statutes grant the broad authority for the Department's role in transportation and show tile legislative intent that thc Department shall be responsible for coordinating tile planning of a safe, viable and balanced state transportation system serving all regions of thc State, require tile Department to develop a statcwidc transportation plan, which considers, to the maximum extent feasible, strategic regional policy plans, MPO plans, and approved local government comprehensive plans and specify thc authority and responsibility of tile MPO and thc Department in tile management of a continuing. cooperative, and comprehensive transportation planning process for thc metropolitan area. In fulfillment of this purpose and in thc exercise of tile various powers St:rated by tile statutes, the Department and all parties to this Agreement acknowledge that the provisions of tile l.ocal Government Comprehensive Planning and I.and Development Regulation Act, referenced in state statutes arc applicable to thisAgrcemcnt. Thc partics to this Agrccment shall take particular carc that the planning processes and planning integrity of local governments as set forth in state law shall not be infringed upon. ARTICI.F~ 3 Section 3.01. Establishment of MPO. Thc MPO for the metropolitan area as described itl thc membership reapportionment plan approved by the Governor is hereby created and established pursuant to this Agreement to carp,,' out the purposes and functions set forth in Articles 2 and 5. 'File legal name of this metropolitan planning organization shall be thc Collier County Metropolitan Planning Organization. Section 3.02. Mi>O to opczg~LC_~lrhuaat t',.LJ;L~2Z. In thc event that any election, referendum, approval, permit, notice, or other prcx:ecdin[2 or authoriT, ation is required under applicable law to cnablc the parties to enter into this Agreement or to undcm6:c thc provisions set forth hcrcundcr, or to observe. a.ssume or carry out any of the provisions of this Agreement, said parties will initiate and consummate, as provided by law, all actions nccessarv with respect to any such matters as required. Section 3.03. G.9.z.crnia~_bgzrd_t~acLils policg:laaki.ag_bx:gly of MI'O. 'File governing board established pursuant to Section 4.01 of this Agreement shall be thc policy-making body that is thc forum responsible for cooperative decision-making and will be taking the required approval actions as the MPO. Section 3.04. S.ubmission of proceedings: Contracts and other documents. Subject to tile rigllt to claim an exemption from the Florida Public Records Law, the parties shall submit to each other such data, reports, records, contracts, and other ducumcnts relating to its performance as a metropolitan OR: 2 2571 PG: 2663 Page 5 of 1 I planning organization as requested. Charges for reproduction of public records to be in accordance with said statute. Section 3.05..Rights of review. All parties to this Agreement, and thc affected Federal funding agency (i.e., FHWA, and I-WA) shall have the rights of technical review and comment of MPO projects. ARTICLE 4 COMPOSITION: MEMBERSHIP: TERMS OF OFFiC, J.5 Section 4.01. (:omposition lind membership of governing board. (a) The membership of the MPO shall consist of eight (8) voting representatives and one (1) non-voting representative. The names of the member local governmental entities and the voting apportionment of the governing board as approved by the Governor shall be as follows: Collier County Board of County Commissioners, five (5) voting members; the City of Naples, two (2) voting members; the City of Marco Island, one (1) voting member; and the Florida Department of Transportation, one (1) non-voting (ex-officio)member. (b) All voting representatives shall be elected officials of general purpose local govemmenLs, except to the extent that the MPO includes, as part of its apportioned voting membership, a member of a statutorily authorized planning board or an official of an agency that operates or administers a major mode of transportation. All individuals acting as a representative of the governing board of the county, the city, or authority shall first be selected by said governing board. (c) In no event shall the county commission representatives constitute less than one- third of the total number of representatives on the MPO. (d) In tile event that a governmental entity that is a member of the MPO fails I() fill an assigned appointment to the MPO within sixty (60) days after notification by the Governor of its duty to appoint a representative, that appointment shall be made by the Governor from the eligible individuals of that governmental entity. Section 4.02. Terms The term of office of members of the MPO shall be four (4) years. The membership of a member who is a public official automatically terminates upon said official leaving the elective or appointive office for any reason, or may be terminated by a majority vote of the total membership of the governmental entity represented by the member. A vacancy shall be filled by thc original ap[x)inting entity. A member may be appointed for one or more additional four (4) year terms. ARTIC LF. 5 AUTHORITIES. POWERS. DUTIES AND RESPONSIBILITIES Section 5.01. General authority. The MPO shall have all authorities, powers and dulies, enjoy all rights, privileges, and immunities, exercise all responsibilities and perform all obligations OR: 2571 PG: 2664 2 Page 6 of 11 necessary or appropriate to managing a continuing, cooperative, and comprehensive transportation planning process as specified in the statutes. Section 5.02. Specific authority and powers. The MPO shall have the following powers and authority as provided by statutes: (a) The MPO may employ personnel and/or may enter into contracts with local or state agencies and private planning or engineering firms to utilizx: the staff resources of local and/or state agencies; (b) public agencies; The MPO may enter into contracts for the perforrnar, cc of service functions of (c) The MPO may acquire, own, operate, maintain, sell, or lease real and personal property; (d) The MPO may accept funds, grants, assistance, gifts or bequests from local, state, and federal resources: (e) The MPO may promulgate rules to effectuate its powers, responsibilities, and obligations enumerated herein; provided, that said rules do not supersede or conflict with applicable local and state laws, rules and regulations: and (0 The MPO shall have such powers and authority as specifically provided by the statutes. Section 5.03. Duties and responsibilities. The MPO shall have the following duties and responsibilities as provided by statutes: (a) The MPO shall create and appoint a technical advisory committee: (b) The MPO shall create and appoint a citizens' advisory committee; (c) The MPO membership shall be jointly and severally liable for liabilities, and thc MPO may respond to such liabilities through the purchase of insurance or bonds, the retention of legal counsel, and, as appropriate, the approval of settlements of claims by its governing board; (d) The MPO shall establish a budget which shall operate on a fiscal year basis consistent with any requirements of the Unified Planning Work Program; (e) The MPO shall enter into agreements with the Department, operators of public transportation systems and the metropolitan and regional intergovernmental coordination and revicv,, agencies serving the metropolitan area. These agreements will prescribe the cooperative manner in which the transportation planning process will be coordinated and included in the comprehensively planned development of the area. 2 OR: 2571 PG: 2665 Page 7 of l 1 (f) The MPO, in cooperation with the Department, shall carry out the metropolitan transportation planning process as required by statutes, and specifically shall: (1) Prepare the Long-Range Transportation Plan; (2) Prepare the Transportation Improvement Program; (3) Prepare and annually update the Unified Planning Work Program: (4) Prepare a Congestion Management System for thc metropolitan area; (5) Assist in mapping of transportation planning boundaries rcquircd by statutes; (6) Assist in performing its duties relating to access management, functional classification of roads, and data collection: (7) Perform such other tasks presently or hereafter required by statutes: (8) Execute certifications and agreements necessary to comply with statutes; and Adopt operating rules and procedures in accordance with applicable (9) statutes. ARTICLE 6 FUNDING: INVENTORY REPORT: RECORD-KEEPING Section 6.01. Funding. The Department shall allocate to the MPO for its performance of its transportation planning and programming duties, an appropriate amount of state transportation planning funds. Section 6.02. Inventory report. The MPO agrees to inventory, to maintain records of and to insure proper use, control, and disposal of all nonexpendable tangible property acquired pursuant to funding under this Agreement. This shall be done in accordance ,,vith thc requirements of all applicable statutes. Section 6.03. Record-keeping and document retention. Thc Department and thc MPO shall prepare and retain all records in accordance with the requirements of all applicable statutory requirements. 16,A OR: 2571 PG: 2666 Page 8 oF I I 2 ARTICLE 7 ktl.iC~ E~ PROVISION Section 7.01 _.C93251i~' ~2~.l_.o_r~tutory duties m~d res.txmsibzilitig5 o!' pan. Lt,~. This Agreement shall not be construed to authorize the delegation of tile constitutional or statutory duties oF any of parties. In addition, this Agreement does not relieve any of thc parties of an obligation or responsibility imposed upon them by law, except to the extent of actual and timely performance thereof by one or more of the parties to this Agreement or any legal or administrative entity created or aulhorizcd by this Agreement, in which case this Imrformancc may be offered in satisfaction of the obligation or responsibility. Section 7.02. zMncl~dmcnl.2f A,~ClB..g. ill. Amcndnlcnts or nxxlitications of this Agreement may only be made by written agreement signed by itl[ parties hereto with the same Formalities as tile original Agreement. No amendment may alter the apponionmen~ or jurisdicliemal hotmdarics of thc MPO without approval by the Governor. Section 7.03. Duration: withdrawal procedJm[c. (a) A2u..ca, tion. This Agreement shall have a term of Ilvc (5) years. At thc end of the tive (5) year term and at least ever5' five (5) years thereafter, the parties hereto shall examine the terms hereof and agree to amend provisions or reaffirm the same, otherwise it ,,,,'ii1 bc imtCmlatically renewed. (b) Withdrawal procedure. Any party, except Collier County and/or tile City of Naples and the United States Bureau of tile Census designated center city(ies), may withdraw from this Agreement after presenting itl written fom~ a notice of intent to v, ithdraw to tile olhcr panics It/ this Agreement and the MPO, at least ninety (90) days prior to the intended date oF withdrawal, ripen receipt of the intended notice oi' withdrav,,'al: (1) The withdrawing member and the MPO shall enter into an agreement reflecting the withdrawal of thc member and alteration of the list of member governments that arc signatories to this Agreement. 'File agreement shall be filed in thc OI'I'ice of thc Clerk of the Circuit Court of each county in which a party hereto is located: and (2) The Office ti' tile Governor shall be contacted, and thc (kwernor, with tile agreement of thc remaining members of tile MF'O. shall deterrnirm whether any reapportior~mcnt of the membership shall be appropriate. Thc (}ovcrnor and tile MPO shall review thc previous MPO designation, applicable Florida and local la,a', and MPO rules for appropriate revision. In the event that another entity is to be accorded membership in the place of the member v.'ithdrawing from the MI'O. the parties acknowledge that pursuant to statutes, adding membership to the NIP(') docs not autonlatically require redesignation of the MPO. In the event that a party wtlo is not a signatory ltl this Agrecnlent is accorded membership on the MPO, membership shall not become effective until this ^grccmcnt is amended to reflect that the new member has joined thc MPO. Section 7.04. Notice. All notices, demands and correspondence required or provided Rlr under this Agreement shall be in writing and delivered in person or dispatched by certified mail, postage prepaid, return receipt requested. OR: 2571 PG: 2667 Page 9 of' I I Notice required to be given shall be addressed as follows: a) Board of County Commission Chairperson Collier County Board of County Commission 3301 F2.st Tamiami Trail Naples, Florida 34112 b) City Manager City of Naples 735 Eighth Street, South Naples, Florida 34102-6796 c) City Manager City of Marco Island 950 North Collier Boulevard, Suite 308 Marco Island, Florida 34145 d) District Secretary Florida Department or' Transportation District One 801 North Broadway Avenue Post Office Box 1249 Barrow, Florida 33831- 1249 A party may unilaterally change its address or addressee by giving notice in writing to the other parties as provided in this section. Thereafter, notices, demands and other pertinent correspondence shall bc addressed and transmitted to the new address. Section 7.05. ~d to Third Parties. No party hereto shall be obligated or liable hereunder to any party not a signatory to this Agreement. There arc no express or intended third party beneficiaries to this Agreement. Section 7.06. State or Territorial Law. Unless required by Federal law, nothing in this Agreement shall require the MPO, or any party hereto, to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of this Agreement violate any applicable State law, the parties will at once notify the FHWA and/or FTA in writing in order that appropriate changes and modifications may be made by the FHWA and/or FTA, to the end that the MPO or any party hereto may proceed as soon as possible with its responsibilities hereunder. Section 7.07. InLy. (a) Drafters of Agreement. The Department and the members of the MPO were each represented by or afforded the opportunity for representation by legal counsel and participated in the 1 6 2 OR: 2571 PG: 2668 {'age 10 of I } drafting of Lhis Agreement and in choice of wording. Consequently, no provision hereof should be more strongly construed against any party as drafter of this Agreement. (b) Severability:. Invalidation of an}' one of thc provisions of this Agreement or any part, clause or word hereof, or the application thereof in specific circumstances, by judgement, court order, or administrative hearing or order shall not affect any other provisions or applications in other circumstances, all of which shall remain in full force and effect, provided that such remainder would then continue to conform to the terms and requirements of applicable law. (c) Rules of construction. In interpreting this Agreement, thc following rules of construction shall apply unless thc context indicates otherwise' (1) Thc singular of an,,' word or term includes thc plural: (2) '['he masculine gender includes ll~e l'cmininc [center; and (3) Thc word "shall" is mandatory, and "may" is permissive. Section 7.08. Enforccmcn*.by particshcrcto. In thc cvcnt of any judicial or administrative action to enforce or interpret this Agreement bv any party hereto, each party shall bear its own attorney's fees in connection with such proceedings. Section 7.09. A~M:ccmcnt execution: Usc ofcountcrparI sJgnatulc_y.;lg, c~. This/\grccmcnt, and an>.' amendments hereto, may be simultaneously executed in several counterparts, each of which so executed shall be deemed to bc an original, and such counterparts together shall constitute one and thc same instrument. Section 7. i0. J. Zffcc~j_',~c_datc' (~;~L~;J~Cc~LdaLk.ul. (a) ~ffective da, Lc. This Agreement shall become effective upon its filing in thc Office of the Clerk of the Circuit Court of each county in which a party hereto is located. Any amendment hereto shall become effective only upon its filin~ in thc Ol'l~Ce of thc Clerk of the Circuit Court for each count}, in which a party hereto is located. (b) Rccor_d;Kixla. The Collier County NletroFx)litan Planning Organization hereby agrees to pay for any costs of recordation or filing of ~}:is Agreement in the Office of the Circuit Court for each count,,' in which a part}' is hereto located. Thc recorded or filed original hereof, or an}' amendment, shall be returned to thc ,'MPO for lSlin~, in its rccord'q. Section 7.11. Previous Agrcx2n'~ent Su~'rscd;~ Upon execution bv all partic~,. ;tad recording of this Agreement it shall supersede the Intcrlocal Agreement between the parties dated .t '~.-:; ~:. OR: 2571 PG: 2669 *** Page 11 ofll 2 IN WITNESS WHEREOF, the undersigned parties have caused this lnterlocal Agre..e~rn, e,n,.,t tp~lpe duly executed in their behalf and hereby establish the above designated MPO, thi~' of ~ ,1999. BOARD OF COUNTY COMMISSIONERS COLLIER]COUNTY, FLORIDA /', · ~4A~~ BILL BARNETT ATTEST: - (SEAl.) ~T'/' CLERI~ t - TARA A. NORt.~.N CIT_.Y-OF MARCO ISLAND, FLORIDA CLERK ~/ STATE OF FLORIDA DEPART,~tENT OF/TRANSPORTATION BY: / ~' ~' ~Z. ~" DISTRICT S'F~RETARY E.~ EC(JW~ S ECRET~kR APRIL 1999 CONS Il,lb(. IIO: :\N 1) ,M:\INTIqNANCI'; A(;I,IEI'Z~i IqNT FOP, S t; BI)I VISION 151PI~.O \"lq bi ENTS Tills CO."iS'I'RUCTION ,.\ND NIAINTF. NANCF~ A(]I~.I~I:.Xli'LN'{' F()P, SIJIII)IVISI()N IMPROVEM[LNTS entered into this &%-~41:1, cia.,,' of__/)~ 1999 bet\\CCh WCI Communities. IAmited Partnership hereinafter referred to as "Developer". and the N, oard of County (;ommissioners of Collier County. Florida, hereinafter referred to as "The tloard" R IC (71TA I ,S Developer has, simuhaneouslv with the delivery of this .,\grccmenl. applied for thc approval by the Board oFa certain plat of subdivision to be known as "pglifa.n. Mars.l!_L!ni_t_2._q'j Division 3 2 oFthe Collier County Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for lhe construction oFthe required improvements NOW. 'I'[-tEP, EFO[~.E, in consideration oFthe foregoing premises and mutual covenants hereinafter set forth, l)eveloper and the Board do hereby convenient and agree ;ts Ik~llows Developer ,,,,'ill cause to be constructed water, sewer, storm sewer, roads, landscaping and irrigation improvements within 36 months From the date oFapproval of said subdi,.'isirm plat. said improvements hereinafter referred to as the required improvements. I)evcloper herewith tenders its subdivision perlbrmance security (attacimd hereto as [:.xhibit ":\") and bv reference made a part of in the amount of 5406.814 10 which anlount represents 10% of the total contract cost to complete construction plus I O()%'t, oF thc estimate cost of to complete the required improven'mnts at the date oF this Agreement In the event of default by the Developer or Failure oFthe l)eveloper to complete such improvements within the time required by the l.and Dcvelopnmnt Code, Collier County, mav call upon the subdivision perR)rmance security to insure satisFacto~' completion of the required improvements The required ilnpr¢)vcmcnls shall not t)c considered complete until a stalcmcnt of substantial completion by Developer's engineer along with the 6hal project records have })cch furnished to be rcvicxvcd and approved by thc I)cvclopmcnt Services l)irccto[ lkw compliance with the Collier ('ountv l,and I)cvclopmcnt (7ode Thc I)cvctopmcnt Services Director shall, within sixty ((~()) days of receipt oFthc statement ol' substantial completion, either a) notilV the Developer in writing o1' his preliminary approval of thc improvements, or b) notifk' thc developer in writing ()flUx rch~sal ~o appro','c thc in~provcmcnts, therewith specif,'inM those conditi(ms x,,hich thc i towcvcr, in no cvcm shall thc I)cvclopcr Services [)ircctq~r rclklsq' preliminary app~ov;d (,t' with thc rc(luircmcnts oF this ,,XMrcclncnt Thc Developer shall maintain all required improvements For a m~nimum periled of one year after prcliminary approval by the Development 5crviccsl)ircctor .,Xflcrthconcvcar maintenance period by thc [)c~clopcr has terminated, the I)cvcbpcr shall pctiti{m tim [)cvclopmcnt 5cr-viccsl)ircctor~nspcctthciml)rovcmcnts Thcl)cvch)pmcnt Services Director or his designee s}~i~JJ inspect thc improvements and. il' l~und to bc still in compliance with ('oilier ('ountv [,and l)cvclopmcnt Code as roi]coted by ~inal al)p~r~val I~ thc I~oard, thc Board shall release thc 107. o subdivision pcrl~rmancc scctHity Thc I)evclopcr's responsibility t~)r maintenance of thc required improvements shall contint~c unless or until thc lloard accepts maintenance rcsponsibiIity l~r thc ('ountv Six (c)) months al~er the c×ccution ot'lhis :\grcement and once ~ithin every six (0) months thereat'to) iht [)cvclopcr may request Ibc Development Services Director to rcdncc thc dollar amount of thc ~ubdivisi(m pcrl)>rmancc security on li~c b:4s~s of x~(~rk completed I{ach rcctucst lor thc reduction in thc dollar amount ol'thc subdix'is~rm pcrl'ormancc security shall be accompanied hy a statement of substantial cornl)lction hv thc l)cxcbpcr's engineer together with thc project records ncccssao' fi'~r review by thc I)evclopmont Servicesl)ircctor ThcI)cvelopmcnt %crviccsDirector may grant thcrcqucst tk>ra rcdtlction in thc amount of thc subdivisi(m pcrt~)rmancc security t~: thc impr()vcmcnts completed as of thc date o¢ thc request In ti:c event thc I)cvclopcr shall l'ail or neglect to full]Il its obligations under this .,Xgrccmcnt. upon ccrtil~cation iq' such l~tilurc, thc ('ountx .,Xdmmistratrw may call upon thc subdivision pcrfi~rmance security to secure slttist~ctorv completion, repair arid maintenance of thc required improvements Thc Board shall have thc right 1o co~lslruct and maintain, or cause to be constructed and maintained, pursuant to public advcrtismncnt and receipt of'acceptance cd'bids, the improvements required herein The Developer, as principal under thc subdivision pcrl~rmance security', shall be liable to pay and to indemnify the Board, upon completion o['constmction, thc final cost to the Board thcrcol~ including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which thc Board may sustain On aCCOtlnt of'thc failure of thc Developer to carry out all o£thc provisions oI'ti~c Agreement. All of terms, covenants and conditions herein contained are and shall be binding upon the respective successors and assigns of the Developer IN WITNESS \VIIF. RF. OI':, the Board and l)evcloner have caused this Agreement to be executed bv their duly authorized representatives this~.,.._ da)' of: ~-'7 .... 1999 Signed, Sealed and Delivered Jn the presence of (Printed 9r Typed W('I Communities, I.imitcd l'artncrship A Florida Limited Partnership Vice P~csidem of DcvdopmenU Printed or Typed Name) Attest: -.'D',.yigi(:,E,.,,Bmck, Clerk "3 Deputy Clerk ~ · ' ~.~ro,,'ed as to.,£orm and legal suflkienc~ · 'z ":,.. i,~..C',' . ~ ' David C. Weigel Collier County Attorney Board of County Commissioners of Collier County, Florida Pamela Mac'Kie, Chairwoman 16J4 COI.I,IER COl }NTY I.AND Df'WF.I.OPMF, NI' C{)I)I:.' PERFORMANCE BOND KNOW AI.L PF. RSONS BY TIIESF. PRESENTS: dmI BOND No. 15-008-487 WCI Communities I.imitcd Partnership 24301 \Valden Center Drive Bouim Springs. Florida 34134 (hereinafter referred t~ ;ts "O'.,. ncr") and l.ibertv Mutual Insurance Compauy Boston. Massachusetts (t lercinafter Fei'ct'red to as "Surety") arc held and firmly botmd unto Collier Cotlllly. Florid:L (hcrci.aflct referred 1o as "County") in thc total aggrcgalc sum of Four Itundred Six TIm,saml Eight Ilnndrcd Fourteen Dollars and Ten Cents (S406,814.10) in laxvful mcmcv of Iht United Stales. fi)r thc paylllcnl of which s~tm well and truly to bc made. xxc bind ourselves, our heirs, executors, athninislrat~r's. successors aud assigns, jointly and severally, Ilrmly by these presents. Oxvncr and Surctx arc used singular or plural, as the context requires. TtlE CONDIT1ONOFTIIlSOI~ILIGATION is such that v, hereas, thc O~ncr has submitted for approval by the Board a certain subdivision plat named Pelican Marsh [Init 25 and that certain subdivision shall include required improvements which are required by Collier County (.~rdinanccs and Resolutions (hereinafter "l.and Development Regulations"). This obligation of lhc Surely shall commence on tile date this Bond is executcd and shall continue until file date uf tile final acccplancc tile Board of County Commissioners c.f the specific improvements described :n the [.and devclopmenl regulations (hereinafter tile guaranty period). NOW 'Fllf£REFORtL it' thc Owner shall well. truly and faithfl~lly perform its obligations and duties accordance xvitt~ the Land Development Regulations during the guaranly period established by iht County, and the O~vner shall satisfy all claims and demands incurred and shall fl~llv indcnmify and save harmless the County from and against all costs anti damages x~hicl~ it may Stll]~r by reastm of Ox~ncr's thilure to do so. and shall reimburse and repay the County all outlay and expen,e 'M~ich thc County ma~ incur in making good any default, then this obliuation shall be void. othcmise to remain in full fi~rcc ami effect. PROVID[£D FURIIIER. that the said Surety. for value received hereby, stipulates and agrees that m~ change, extension of lime, alteration, addition or deletion to the proposed specific imFovcments shall in an.',' way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration, addition or deletion to the proposed specific improvements. PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, so as to bind the Owner and Surety to the full and faithful perfi)rmance in accordance with thc Land Development Regulations. Tim term "Amendment." v,'herever used in this Bond, and whether referring to this Bond. or other documents shall include any alteration, addition or modification of any character whatsoever. IN WI]NESS WI-IEREOF, tile panics hereto have caused tiffs PERFORMANCE BOND to be executed this 21st dayof April, 1999 Witness-Printed Na~j~e ~ . Witness-Signature , Witness Printed Name Steven C. Adelman V ice PresidendTreasurer County of_ '[he foregoing instrumeIH was acknowledged bethre me by Stcvcn C. Adclman. Vice President/l'reasurer on behalf of WCI Communities Limited Partnership. a Dehmare limilcd partnership. Personally known ~ or produced identification~. Typeofidentification produced WITNESS my hand and official seal this~&T day ot'~. 1999 e lms..: .~a~Ns My Comm ission Expires: No. CC603~22 ' ' ~P~,~o..,~ ~ Il m~ I~. Notao' Printed Name DATED asofthis 21stdayof ~¢¢id~ess-Signature April ,X~qJS. 1999 Liberty Mutual Insurance Company I6 4 JOHN D. MILLER Witness-Printed Name Witness-Signature DIAtlA FIGUEROA Witness Printed Name NATALIE R 66LD Title Attorney-in-Fact State of CONNECT I CUT County of FAIRFIELD The foregoing instrument was acknowledged beforc me by flat,lie Reingold on behalf of Liberty Mutual Insurance Company. Personally kno~n t/ or produced identification Type of identification produced WITNESS my hand and official seal this 21st dayof April X~J~J$. 1999 (Affix notaD' seal) My N°tary Pub'li~ ~'x q~ ELY PSIJAS C ° m m l s ° npKP--P-JY~cP i r e.~'' ~VF)7'IRY I'!Jl$l. IC' I~Y COMMISSION EXPIRES SEPT. 30, 2003 Notary Printed Name THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power o! Attorney limits tho act of [hose named herein, and they have no aulhority to bind the Company except In lhe manner and to the extent herein stated. UBERTY MUTUAL INSURANCE COMPANY 1 ~!~ A4 BOSTON, MASSACHUSET-rS ,-. ' POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: Tha', Liberty Mutual Insurance Company (Ihe "Comparw"), a rvlassachuselts mutual insurance company, pursuant to and by aulhority of lhe By-law and Aulhorizalion horeinaflor sot forth, does hereby name, constitute and appoint. JOHN D. MILLER, HARRY A. DINGER, JR., NATALIE REINGOLD, DIANA FIGUEROA, JAMES L. BURTON, ALL OF THE CITY OF STAMFORD, STATE OF CONNECTICUT ..................................... , each individually if lhere be more than one named, ds true ;md I;i,.','lul altorney-m-fact to make, execute, seal acknowledge and d,;hver, lor ;md on its __ behall as surety and as ds act and deed an,; and all underl;¢,mgS bonds, recogmzances and olher surety obligahons in the penal sum nc~l exceeding EIE'L'Y_MILLION~:'_"_tt_'.°.'_;,:'.*:'_'t**';t"*'_*'_*:_'_*_'r~?:~t .DOLLARS (S ~n nnn nnn ......... ) each. and the ,~Jx,.,cutlon f~f stlch bonds or undertakings, in pursuance of lhese pres .als. shall b. as binding upon tho Company as ~'lhey had been duly sign .d by lbo pre'ddent ;md altested by the secretary of the Company ~n their own proper persOnS That this power ~s made and e;~ecuted pur~!jant tO and hy at;th' ,~ty of the foItowmg By.law and .Authorlzahor; ARTICLE XVI - Execuhon el Contrac!s Section 5 Sureb [!rinds and Undedakings Any olhcer or Other Off,cial el the tort'pony aulborIzed I,)r that purpose in wrdmg by the chairman or Ii'lo ;')reslrJerlt ;Inr,~ %utJj¢;f;I lr) '~uch limitalions as the chalrm;rn or the pros,dent may prescnt.-?, shall appoint such atlomeys-in-facl, as may De r'~ecessar'/ t,) act itl t),'.ql;df ~lf the company to make. erecute. ,~e;~r acknowledge rind d,?.ver as surety any and all undertakings, bond,, recogruz;ltJc¢,50rld olher surety obligations. Such atlomeys.m-fact, sub[ecl to the limit¢lhOr,$ Set torlh ir'i theft respective powers el atlorney, shMl have trill 'Cower ts) comoany by their Stgr'JalUre and executl©rl et alqy such Ir~strLJrnentS and fo ~-Htach IherolO Ihe sea[ et lhe COmp;thy V'[hen so execIjtl~,d inslruments shall be as binding as d s~gned by the president and attesled by the secretary By lhe following instrument lhe chairman or the presider'it has adthorized the officer or other official named thereto 1o appoint allorneys-in-lacl Pursuant to Adtcle XVI. Section .5 of Ihe By-laws, Assistant Secretary Garnet Vi. Elliotl is hereby authorized to appoint such attr)rueys.m-f;~ct as may be necessary to act in behalf Of tho company to make. execule, seal. acknowledge and deliver as surety any ;md all undertakmqs, bonds, recognizances and olher surely obligations That lhe By-law and the Aulhorizal~nn above set torth are Irur; c')p~es thereof and are now in full force and elfecl IN WITNESS WHEREOF. this inslrument has been subscr~t-~:d by its auff~r;,ri?ed off~cer arid the corporale se,il r)l Ih*: r. md Liberty MlltLJ;ll Insurance Company has been affixed lherelo in Plymo~Jth Meeting. Pent,:;/I,.,an~a th~s 17th day of Deoemb,er . t!) 98 LIBEft~ -~ MUTUAL I~JSURANCE COMPAHY Garnel W EIhotL ASS*SIanl Secrelar'/ COMMONWEALTH OF PEf'g.,ISYLVAt-ilA COUNTY OF MONTGOMERY s5 On this _J.~[h .... day el ............. December .... A D 19 98 bolero me, a rlolary Pubhc personally came the ind*v~dunl kr~own tO mete be fhetherein descj~-~yiduaf and office, of Ltbe~/ MMuallnsurar~ce Company who executed Jhe preceding instrument and he ;r. know~ed- ged that ~e ~xeculod ~ a. . .., ~' ~ the sra. . at x~d to t m ~; ..... d p ~crdp,] iqSh[Jm~nJ. . s heeor, porat~ rp ....... I of s Id comD.,tnv., anrJ t ~at ~mfr c ~r._rat~r nn ~ seal and n~s s,gnatu~.~~.~vas duly affixed and ~ubscr~bed ~o '.he sa~d instrument by authordy and direchon of the 5affJ cornpany IH 'ESTffJO,~REO'F '*~¢~sotm, hand and a?, my.3ffloai seala'. Pt/mou~ Meeting. P*. ,h.day and year lirst above writton foregoi g's a full. l~e an~'~..opy, s u o .. 8 d .. ¢. o o dR . o t s c. b fcale: and ~ do lu thor codify that Pie olhcof who executed the said power of attorney was one of the olficers specially author*zed by the chairman or tt'~e president to appoint any attorney-in-loci as provided in Adicle XVl, Section .5 of the By-laws of Ltbedy Mutual insurance This cedfficale may be signed by lacsm~de under and by authomy c,I the following vote of l'r',e board of directors el Liberty Muhlal Insuranoe Company ~t a meeting duly called and he*d on Ihe 12Ih day o! March. t980 VOTED Inat Jhe luc. s,mlle Or mechamcally reproduced :r.'.;r~;it.~re cl any assistant secrelary el the CO"n0any wherever ;ippearff~g tJpol! a codified copy el any power of atlorney ~ssued by 1ho f.ompar'~y, shall be valid and binding upon Ihe company wllh the same force and effect as though manually afhxed IN TESTIMONY ',"./HEREOF I have he euntosubsc bed my ,~;~rne and afhxed the corporate seal el lbo said corr~pany, flus 2 'l S t day of THIS POWER OF ATTORNEY MAY NOT BE USED TO EX£CUTE ANY BOtlD WITH AN INCEPTIONOA'I'E AFTER ...... Dec~mb~l' 1 ? ,20 00 --, Liberty Mutual Insurance Company Statutory Balance Sheet (dollars In thousands} I.).:c.r. mber 31. 199~ Bonds ................................................................................................................ 11,609,662 Common A, Preferred Sloc, J',.s.~ ~. .......................................................... ' · 4,446,583 Real Estate_ ................................................................................. 128,301 C.~h & b"hort-Term InvesLmen~'. .................................................................... ' 242,970 Other Invited A.ss, e~ ......................................................................... 271,268 Subtotal C.~sh and l~vesled AsseLs-.- ......................................................... Premium in Course of CoUection'. ............................................................................................................ Reinsu.rance Recoverables on Loss and ~s Adjustment Expense Payments ........................................... Interest. Dividends and Real Estate income Due and Accrued ...................................................................... Other As.se t~ ...................................................................................... TOTAL ADMI l i ED ASSETS. 16,698,784 1,521,916 183,530 168,557 779,394 19,352.181 Liabilities and Surplus Reserve for Losses and Loss Adjustrnenl .Expenses ................................................................... Reserve for Unearned premlurrts .............................................................................. Reinsurance PaTable on P~id Loss a~d Loss Adjustment Expenses .............................................. Federal l~come Tax and Slate Prerrtlum Tax Accrued ....................................................... Other I..tabillttes- ............................................................................ TOTAL LIABILITIES.. U n~&~ i ~q'm.~ Surplus.- ................................................................ CuaranV/F-.a r~l _~ Surplus Nol~:s TOTAL SURPLUS TOTAL LIABII.I-FIES AND SU'KFLUS, ('E. xclud,'~ premlmns more than 90 day· due) 10.208,483 1,629,832 36,194 91,774 1,319,565 13285,848 4,924,567 1,250 1,140,516 6,066,333 19,352,181 COMMONWEALTH OF MASSACHUSETTS CO L~rT'Y OF SUFFOLK [X, nnis l~ng'well, being duly sworn, ~ys: 'Flxat he b Vice President ~a'~d Comptroller ol Lib~rty Mutual Lv. surance Company; that said Company b · mutual LnsuJ-a~ce company duly organized, e_x. istin g ~ engaged in business as a surety by virtue of the laws of the Commonwea. l~ of Ma.ssachus~ts ~ Ix,u duly complied with aU the requiremenes o1' the laws of said Commonwealth and of the hws ol the Stale of. _ ............. applicable lo said Company and ts duly qualified to act as surety under such law~; that said Company has ttx) complied with and ts duly qualLfied to act as surety on federal bonds u.nder Section 9305 of Title 31 ol the United SUst,~ Code. That the foregoing Es · full true and ~ statement o,r the £mancial condition of said Company an the 31st day December, 1~97. Sworn to belore me this 31st 4sy ot' March, 1998 '"' Vi<,.e.~n'and~mpir6U~r 5 ('(__)N.'-;TRI;('TION ,.\NI) NIAINT[iN:\N('E AGR}.iEM[-~NT IMPROVEMENTS THIS CONS'FRUCTION AND MAINTENANCE AGREEMEXT FOR SUBDI\"ISION IMPROVEMENTS entered into th~s,,t~& day of ~/'_ ,~_~Z.:_ ~_ 1()at) bctv, ccn Worth,,lgton ("ommun~t~es of Naples. Inc hereinafter ieferred to as "Developer." ~nd"the Board of (.'ountv ('onlnllssionels of ('ollter County. Florida. hereinafter referred to as tile "Board" RECITALS A Develope~ has. snnuhaneouslx v.~th tile dehverv ofthls Agreement. apphed for tile approval hx the Boardofacertamplatofasubdw~s~ontobcknownas \:anderbflt('ountrvClubPhase? B D~,.~s~on .3 2 of tile Colher Count,, Land Development (''ode ~e¢lu~rcs tile Developer to post appropriate guarantees [bt thc construction of the :mpro~cments requ~rc.d bs sa~d sulxh,,'~s~on regulations. sa~d guarantees to be mcoq~omted m a bonded agreement for the construction of the rertu~rcd ~mprovements NO\\:. THEREFORE, m consideration of the foregoing prennses and n:utual covenants hereinafter set forth. Developer and thc Board do hereb,, covenant and agree as follows [ Developer ~lll cause to be constructed Roadv, av. Utilities. Drainage and Landscaping ltl Vanderb~h ('ountr', ('!ub Phase 2 '.,,~thm ]2 monO~s from the date of approval said subd~,.'~slon plat. smd m~provcments hereinafter referred to as tile required Hnprovements Developer herewith tenders its subdivision performance security (attached hereto as ExMb~t "A" and by reference made a part hereof m the amount of $ 056.Q44 45 wMch amoun! represents 10% o£the total contract cost to complete construction pitts 100°';, of tile estmlate ccst of to complete the reclu~red mlprovements at tile date oftMs Agreement In the event of default by tile Developer or failure of' tile Developer to complete such m~provements ,.,.~thm tile trine required bx tile Land Development (''ode. Collier ColmtV. max call upon tile subd:'.:s:on performance secur;tv to insure satisfactory comptct;on of' tile reqmred ;mprovements The reqmred nnprovements shall not be considered complete until a statement of' substantial completion bx Developer's engineer along wKh tile final project records have been time,shed to be re,served arid approved by the Development Services D~rector for compl:ance wflh tile Collier Count,, Land Dexelopment Code 16A 5 5 Thc Dcvclopmc~t Ser~qccs ~rector shall, ~thm sixty (60) days of receipt of the statc~ncm of substantial completion, c~ther: a) notify the Developer mv, viting of his preliminary approval of file ~mprovements: or b} notify the Developer m ,aviUng of his refusal to approve mlprovements, therc~s*h spec~f?~ng those conditions Wnich the Developer must fulfill iT1 order to obtain file Director's approval of thc improvemc~lts However. m no evmt shall thc Development Services D~rector rift,se Preliminary approval of the ~mprovemems if they are m fact constructed and subm;ttcxt for approval m accordance ~d~ Lhe rc~mtcmc~ts et' tbs Agr~nc~, 'Dm Developer shall maintain all rcquirtxt m~provc'mcnts for a mmtmtun period of one v~qr after prelimmaD' approval by the Developm~t Ser~qces ~r~or A~er the one y~qr maint=mnce pcn~ by the Dcvel~er has terminat~ the Developer shall penmen thc Development Se~c~ ~r~or to insp~ the r~tnr~ tmprovc~*s ~c Develol)mC~t S~qc~ Dirtier or ins d~ shall insp~ the m~provc~nc.~ts and. if found to be still in comphancc ~,~th the Collier Cot~tv Land ~vel~mmt C~e as rcfl~ by final approval by · e ~ard. thc Board shall rel~qse the re. naming 1(~4 of the su~h~qs~on peWonnance security ~e Derelicts responsibility for mamtc~mnce of ~e r~imr~ ~mprovetnc~ts shall continue ~fl~s or t~til the ~ard accq)ts roarer=mace responsibility for and by Ce Cotmty S~x (e0 months after the execution of fills Agreement and once ~thm every s~x (6) months ~er~qher ~e ~vel~er may r~u~ the Developmmt Ser~qcm Dir~or to r~uce the dolor amo~t of ~e su~qsion performance s~unty on the basis of work compMe. Each r~tuest for a r~umion in ~e ~llar amo~t of ~e sure, sim peWo~ance ~unty shall ~ accompani~ by a statcm~t of sub~antial ~mpl~i~ by the Devel~e~s c~n~r t~c~her ~(~ the pr0j~ r~ords n~essary for re~' by ~e Development Services ~r~or 'Dm Developmc~t Ser',qces ~remor may grant the r~uc~t for a r~uc2ion m the amotmt of the su~ ~Ss~ pcffommncc security for ~c improv~mts complc~ as of the &~te of ~e r~tt;c~t IT1 thc event fl~e Developer shall fail or neglect to fulfill ;ts obhgations under this Agrecm~lt, upon certification of such failure, file County Administrator may call upon dm subdJ,.4sion performance security to secure sari sfactory completmn, repai r and maintenance of tile requi red improvemc~,s 'Die Board shall }lave the right to construct and maintain, or cause to be constructed or mamtamecL pursuant to public advertisement and receipt and acceptance of bids. the mlprovements required herren The Developer. as pnncipal under file sub&,,4sion performance secunty, shall be liable to pay, and to indemnify the Board, upon completion of such constructmn, the Final total cost to the Board thereof, including, but not limited to. c~g~neenng, leg.~ql and contingent costs, together ~th any &qmages. either direct or consequc-ntml. ~dnch the Board may sustain on account of tile failure of the Developer to fulfill all of file proves;ohs of this Agreement All of the terms, covenants and con&t~ons herc~n contained are an shall be binding tlpon thc Developer and file respect~ ye successors and ass;~s of the Developer IN WITNESS WHEREOF. dae Board and dae Developer have caused dUs Agroement to be executed by their &fly authorized rcpresent2tives this fi..JT'-t, tday of %7)5 ~?/-" 1cyoo. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF' Pnnt~ or T~ Name P~nt~nor T~ Name ~tt~st ~ to C~t~'~ s~atur~ onll. A~EST: DWIGHT E. BROCK, C~[RK / Approved as to £onn and Ic~l sufficimcv Worthington Commtmities of Naples. Inc Cotmty Artome5 _S_co_ _tt__C'_ _o ri_n_ _e_! I,, _Vj_~,~..President Pnnted or T)pc~ Name BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA COLONIAL BANK Colonial Bank, 16740 San Carlos Blvd. S.W., Fort Myers, Fi. 33908 Irrevocable Standby Letter of Credit No. 1521569005 Dated: 03/11/98 Place of Expiry: Colonial Bank, 16740 San Carlos Blvd. S.W., Fort Myers, Fl. 33908 Date of Expiry: This Credit shall be valid until 03/11/00 and shall be automatically renewed for successive one-year periods on the anniversary of its issue unless at least sixty (60) days prior to any such anniversary date, we notify the Beneficiary, in writing by registered mail that we elect not to so renew this Letter of Credit. Applicant: Worthington Communities of Naples, Inc., a Florida Corporation, 448 County Road 951, Naples, Florida 34109. BeneficiaD': The Board of County Commissioners, Collier County Florida (hereinafter "Beneficiary") c/o Office of the County Attorney, Collier County Courthouse Complex, 3301 East Tamiami Trail, Naples, Florida 34112. Amount: 5956,944.45 NINE HUNDRED FIVI'Y SIX THOUSAND NINE HUNDRED FOURTY FOUR and 45/100 (Dollars) in the aggregate thereof. Credit available with: Colonial Bank, 16740 San Carlos Blvd. SiW., Fort Myers, FI. 33908. By: Paymem ~ainst documents detailed herein and Beneficiary's drafts drawn on the Colon iai B Documents re~ired: Beneficiary's statement purportedly signed by the County Manager certifying thl: "Worthington Communities of Naples, Inc. a Florida corporation, has failed to coxts, tmct and or maintain thc improvements associated with that certain plat of subdivision l, mown as Vanderbilt Country Club, Phase 2, or a final inspection · ,atisfactory to Collier County has not been performed prior to the date of expiry, and :.atisfactory alternative performance security has not been provided to and formally accepted by the Beneficiary". D~r,'ft(s) drawn un'der this Letter of Credit inust be marked "Drawn under Colonial Bank Let'.er of Credit No. 1521569005 dated 03/I I ,'99". The original Letter of Credit and all amendments, if'an>', must be presented fbr proper endorsement. An Affiliate of Colonial I]omc(;roup, Inc. 16740 ,";~m Carlos Blvd. S.W,, I:O, IMx 08009. Fort blyer'& Florida 33908 Telephone 941/466-7500 / Fax 94 L1466-6000 www. colonialbank, eom AN EQUAl. OPPORTUNqTY E,MPIADYER 5' Irrevocable Standby l.etter of Credit No. 1521569005 Dated: 03/11/99 This Letter of Credit sets tbrth in full thc terms of thc Colonial Bank's undertaking and such undertaking shall not in any way be modified, amended or amplified by reference any document, instrument, or agreement referenced to herein or in which Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by refcrcncc any document, instrument or agreement. We hereby engage with the BcneficiaD' that draft(s) drawn under and in compliance with the terms of the Credit ,.','ill be duly' honored by us if presented v,'ithin the validity of this Credit. Except as othc~vise expressly stated this Letter of Credit is subject to thc: l!niform Customs anti Practice for Documentary Credits 1993 Revision. International Chamber ()t' Conlnlcrce Publication No. 500 ( thc "Uniform Customs"). This Letter of Credit shall be deemed ~o be made under the laws of the State of Florida. Colonial Bank ~Kidd First Vice President COLI.IER COUNTY I.AND I)F. VF.I.OPMENT COl)Ii CONSTR[!CTION AND MAIN'I'I:.NANC[~ AGRF. L:MI~NT F()R SI iBI)[VISION IM PROVE NII{N'I'N '['fils CONSTRtfC'I'ION AND N,IAINTEN:\N('Ii :\GR[.~I.iNII6NI' FOR Nt.;BDIVINI()N [MI'R()Vf.;MI.iNI N entered into this ~~ day ot'_~,/))) _. 19 5 5 between t r.%. }k, mc ('o~ora~ion. hcrcinal'tcr retched to as "I)cvelopcr," and thc Boa'rd0I ( ounly ( ommisszoners ol ( ollicr ( ,runty, l.h)rzda, hcrclnaI'~cr refe~ed to as thc "Board." REC ITA I.S: '~::*~ A. Developer has. simultaneously with the delivery of this ..Xgrccmcnl. applied fi,r thc appr~,val ,,1' the B0~rd ol'a certain plat of a subdivision to bc known as ('cdar }[ammock: ~~. Division 3.2 of thc ('oilier ('ounty [.and Development ('ode requires thc l)cvclopcr lo D~sl appro~ate guarantees tbr the construction oflhc improvements required by said subdivision rcgulalions. said g~rantecs,, to bc inco~oratcd in a bonded agreement lbr thc construction of thc required subdivismn improvements. '" NOW. TI fILILIiFORI(, in c(msidcralion ol'thc Ibrcg()~ng premises and mutual covcnalll5 herein/if for set fo~h, Developer and thc Board do hereby covenant and agree as Ibllmvs: 1. Developer ,,,.'ill cause to be constructed thc Required [mprovcmcrus within 12 months from thc date of approval of said subdivision plat, said infrastructure (water, sewer, drainage and roadway} improvements hereinafter referred to as thc Required hnprovcmcnts. 2. l)cvclopcr herewith tenders its subdivision performance security (attached hereto as I!xhibit ".,V' and by reference made a part of hcrcot) in thc ammlnt of 5227,553.35 which represents 10% of thc tt>t:~l contract cost of completed construction plus 51,076,073.65 which represents 100% of thc cstinlalcd costs to complete thc Required Improvements at thc date of this Agreement tbr a total of51.303,627,00 3. In thc event of default by the Developer or failure of thc l)cvclopcr to complclc such improvements within the lime required bv thc l,and Development Coed. ('oilier County may call tqmn ibc subdivision pertbm'mncc security to insure satisfactoo' completion of thc required improvements. 4. '{'hc rCCluired improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with thc final project records have been furnished to bc rcvicv, cd and approved by thc l)evclopment Services Director fi)r con:pliance with Ibc Collicr County I.amt Development Code. 5. Thc l)uvch~pmcnt ,'Services Director shall, wid~in sixty ((>0) daw of receipt of ibc slatumcnl ~1' substamial completion, citijet: a)nolit~' lt~c l)cvdopcr in wrifin~ of his preliminary apprnval of improv~n~nls: or h) notify ~l~c l)cvclopcr in writing ofhis rgfusM ro approve ll~c improvcmcms, specifying ~hosc condili~ms which linc developer must fulliil in order to ohlmn thc l)irccmr's approval the improvements, l lo~vcvcr, m no event shall linc Dcvclopmcn~ Services Director roi'usc prclm~iuar~ approval of ibc improvements if they arc in fact constructed and submitted Ibr approval in acc~mlancc k~ the requirements of Ibis Agreement. 6. Thc l)cvchq~cr sludl maintain all required imprm.'emcnts f-r a mtmmum pcrt~d ~l'~mc xuar altc~ preliminary approval hv thc I)cvclupmcnt Scrx'iccs I)irccmr. After thc one year mamlcm~ncc pcn,d by ~hc Developer has terminated, thc I)cvclopcr shall pclttmn the l)cvch~pmcnt %cr','iccs t)u'cct~r h)illspccl thc required improvements. The Dcvcl()pmcnl Services l)lrector or his designee shall inspccl the impr(w:mcnls and, iFlbund to be still in compliance with the ('oilier ('ountv l.and l)evclopmcnt (Mdc as rcllcclcd by final approval by thc Board. thc Board shall release the remaining 10",?, of lbo subdlvlshm peril)finance sccur)l5 The Developer's responsibility Jbr maintenance ol'lhc required impr,~k cmcnts shall c(mlinuc tmlcss or uut~l the Board accepts maintenance responsibility lbr thc ('ountv. 7. Six (01 munlhs al'tcr thc execution of lilts Agreement and once ktilh~n every s~x ((~) monlhs thereafter linc l)cvclopcr may request Iht J)cvcJop~c~l Services l)ircclor to reduce thc dollar anloUt~l of'thc subdivision pcrti~rmancc security on the basis ofw¢~rk complete. Each request lbr a rcductinn in ibc dollar amount of thc subdivisum pertk~rmancc sccurily shall be accompanied by a statement of subMan~al completion bv thc l)cvclopcr's engineer together wifl~ thc project records necessary fi,r review by Ibc I)evclopmcnt Services l)ircctor. 'Ibc I)cvclopmem Services Director may grant thc request Ibr a rcduct.m in the amount ol'thc subdivision pcr'formancc scctlrilv Ihr thc improvements cmnplctcd as ot't}lc dale ol'l}lc requcsl. 8. ltl the event thc l)evclopcr shall fail or ncglccl to fulfill its obligamm under this Agreement. certification ofsuch fidlurc, thc County Administrator may call upon thc subdi~ isum pcrlbrmancc sccur~xy lo secure safisl~ctory completion, repair and maintenance of lbo required m~provcmcnls. Thc Board shall have the right to c~mstruct and maintain. ~r cause t~, be constructed and mainlaincd, pursuanl t~ public advertisement and reccipl of acccptancc of bids. thc improvements required herein. Thc l)cvch~pcr. principal under the subdivision pcrlbrmancc security, shall be liable to pay and to indcnmi fy thc Board, completion of such construcli(m. ~hc final t{~lal cosl to the Board fl~crcof, including, but not llmilcd engineering, legal and contingcnl costs, tugcthcr with any damages, either d~rcct ~r c~mscqucntial, winch the Board may sustain tm account ,f thc l'aiJurc ,~t' thc l)cvclopcr tu I'ull~)l all ~,f tt~c pmvisi,,ns Agreement 9. All of thc terms, covenants, and conditions herein contained arc and shall bc binding Ul'~-n thc l)eveloper and tile respective successors and assigns ol'the developer. 16A6 IN \VITNI:.SS WI t F. RI'~O F. the Board and thc l')cvclopcr have catlscd this ,,\grccmcHt to hc excctHcd by their duly authorized representatives this __ clay of SIGNF. D, SF.,\I.t.~I) AND I)F.I.I\"IiR[':I) IN Tile PRF. SI~N('I! 0[:: ,,Wimess (Print'Name) Attest,a,,t . ATTFST:. ~WIGItT E. BROCK. CI.ERK Approved ~s CounD' Atto~cy BOAP, D OF ('Ot:NTY OF ('Ol.I.[t~ ('OUNT'C FI.()RII)A, Pamela S. Mac'Kic. Chair'won~m (Ord. No. 92-73 § 2: Ord. N(',. 94-58. q 3. 10-21-94: Ord. No. 96-21, § 3) FIDELITY GUARANTY AND ACCEPTANCE CORP. [3()x 2863, HOtJSTON, TEX^S 77252-2863 (713) 599-2575 16 6 AUGUST 30, 199c~ ':' 'IRREVOCABLE LETTER OF CREDIT ~ FGAC-99235 N · ISSUER: FIDELITY GUARANTY AND ACCEPTA, CE CORP. PLACE OF EXPIRY' .AT 1SfiUER'S COUNTERS DATE OF E.'(PIRY Tills CREDIT SttALL BE VAI.ID U,~TIL SEPTEMBER 1, 2000 AND StlALI. THEREAFTER BE AUTOMATICALLY RENEWED FOR SUCCESSIVE UNE-YEAR PERIODS ON THE ANNIVERSARY OF ITS ISSUq~ UNI.ESS AT LEAST SIXTY DAYS PRIOR TO ANY SUClt ANNIVERSARY DATE, Till". ISSUER NOTiFIES Tile BENEFICIARY IN WRITING BY REGISTERED MAII. THAT 'DIE ISSU'EP,. EfLECTS NOT TO rio RENE'W THIS CRFTDIT ' ' ' 'APPI.ICANT BENEFICIARY U S HOME CORPORATION SOU'FH FI.ORIDA LAND DIVISION 10481 - SIX MILE CYPRESS PARKWAY FORT MYERS, FLORIDA 33912 THE BOARD OF COUNTY COMMISSIONERS. COLLIER COUWTY. FLORIDA COLLIER COb~*TY COURTItOUSE COMPLEX, NAPLES. Iq. ORIDA 33962 ATTN' PROJECT PLAN REVIEW AMOUNT: 51,303,627 00 (ONE MILLION THREE tfUNq')RED THREE TtIOUSAND.SIX HUNDRED TWENTY SEVEN ,,\ND 00,'100 US DOLLARS) UP TO ,.\N ..\GG REG,.XTE TNEREOF CREDIT AVAILABLE WITtt' ISSUER BY: PAYMENT AGAINST DOCUMENTS DETAFLED tlEREIN AND BENEFIC!ARY'S. DRAFTS AT SIGHT DRA',A, ~"N ON TIlE ISSUER. DOCb,"MENTS REQUIRED' AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGttT DRAWN ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY TI:tE COUNTY MANAGER. CERTiFYING THAT "US. ttOME CORPORATION SOUTH FI.ORIDA I.AND DIVISION HAS FAIL. ED TO CONSTRUCT AND/OR MAINTAIN THE IMRPOVEMENTS ASSOCIATED WlTI! THA'F CERTAIN PI.AT OF A SLrBDIVISION KNOWN AS CEDAR ttAMMOCK OR A FINAL INSPECTION SATISFACTORY TO COLLIER COUNTY lfAS NOT BEEN PERFORMTD PRIOR TO TIlE DATE OF EX'PIRY, AND SATISFACTORY ALTERNATIVE PERFOI:LMANCE SECURITY tIAS NOT BEEN PROVIDED TO AND FORMALLY ACCEPTED BY TIlE BENEFICIART ' DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT ML'ST BE MARKED t 'DRAWN L;'NDER FIDELITY GUARANT5 ,AND ACCEPTANCE CORP CREDIT NO FGAC 99235. DATED AUGUST 30, 1999" THE ORIGINAl. LETTER OF CREDIT AND ALL AMENT)MENTS, IF ANY. MUST BE N' PRESEN~.D FOR PROPER ENDORSEME, F THIS LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF DIE ISSUER'S UNDERTAKING AND SUCtt L,rNDERT,'kKING SHALL NOT FN ANY WAY BE MODIFIED. AN'lENT)ED. OR AMPLIFIED BY RE 'FERENCE TO ANY DOCUMENTS INSTRUMENT, OR AGREEMENT REFERENCED TO HEREIN OR IN WHICH Ttl]~ LETTER OF CREDIT RELATES. ANT) ANY SUCtt REFERENCE SHALl. NOT BE DEEMED TO INCORPORATE HEREIN BY REFERENCE ANDY DOCUMENT. INSTRUMENT OR AGREEMENT ISSUER HEREBY ENGAGES WITtf BENEFICIARY THAT DRAFT(S) DRAWN UNDER AND IN "-- .THIS CREDIT IS SUBIECT TO THE UNIFORM CUSTOMS A~D'~R~CTICE FOI~ DOCUMENTARY ....... -....: ~ :"- ' -'CREDYI'S (1993 REV/SION') INTERNAT1ONAL'CI-L~kMI3ER'OFCOMMERCE PUBLICATION ~O.:'5001 .... .... ' ' W~Lh~IAM D. -~UM~ VICE PRESmENT ...... ' .- Facilities, .',;vslcm Imp;tel l:uu ()rdin;mcc. (}rdillancu .X, ')2-~. ;~s ;.ncmlcd: :m ;~pplic:ml may ~ll,,. ~;lik cr ~ll't;, dcl'crr;d o1' :mpacl l~'cs I~ qu;dil')ln~ t~r ;~ wmvcr dcl'cr~;d; ;Hid hascd ujmn l]lc I'olh~ II1~ rc~rcsclll;tll~B~ ~l~;Idc I~ J~;~l'ilcJ Nl~l';~Jc~ ;Hid .Itt;M~;~ I>cFc/' A. I'hc l)~ cllm~ t'ml sh;dl hc (re'ned)w it lirsl-limc hmnc huvcr. Bm 'Iht I)~cltitl~ l'ml ~h;dl hC m~ncd by ;I household ~llJl il Jo~k lllCOlllC Ic~cl ;ix Ih;il ICl'Ill defined in lilt Al~pClldicc~ Io Ibc rc~pcclivc Imp;Jcl J:cc (h'din;mcc~ and Iht moulhly p;~ymcnl h~ Al~pCndic,:~ ~ Ibc rcipccl~x c Imp;~cl I"cc ()rdin;mcc~. ('. Thc l)~cllm~ I'nit sh;dl hc Iht l Mmc~tc;M ol'lhc I). l'hc I)~xcllin~ I '~lit sh;~ll rcmum ;d'li~rd;d~lc l'lU' I~llccn II 5) }c;t:s h,,m Iht d;~lc thc Ccllil]c;llc ~OW, 'I'IIEI/EI:OI/I'L lie IT RI']~(II.VI']I) IIY Tlll'] IIIIAIII) tll.' ('I)I~N'I'~' ('()MMI~II)N~tI/~ ()1: ('I)I.I,II.;R ('III:~'I'Y. FI,IIIUIIA. TIIAT: i. lhe ltoi~rd o1'( 'Otlllt~ ('Olllll~it~lOllC[f hcrcb} atllhori/ef Ibc ('OtllltV Atll~MiiiMl'iltOl Io i~SllC ;111 ..MilllorMall~l~ for ?~ '.. ~i~i~c~ ?~.. dcl'crr;d o1' imp;~ct l'cc~ m l/alhcl M~ ~;dc~ ;md I'~,r one Ill h,)usc v.h~c]: shall bc COll~ll'UClC(t ;11 ~2114 l:l,ridi;m .,~xcnl~c in X;ipJcx Xl;m,, I)lll One. in Cotticr ('oum'.. ~iilvcr ~I1",, dcfcrr;lJ of imp;icl I~'cs ~i~ncd by l/af;~cl Morales ;tim .Ju;lllil [ICl'C/. o1' docunm~lli~lion acccpl;d~ic Io thc ('Otllll~' ,,Mlorncy. Iht Board oJ'('Ollllll ('~IlllIlIX~IOlIL'I'S hc~ch'. ;uJlhi)ri/cs thc p;i}lncnl h~ ('nllicr ('rarely o1' Ibc lldh~m~ imp;wl I'cc~ l'rmu Ibc Al'h,d;d~lc II,msin~ Jlu~l Fund. t ~:~J,.l Iiu] ~. lI~ Ibc lbll,~'.~i[~g ;llll[,tllllS liar Ibc ol~c Il I hmisc h~ bc hulll ;11 ;~1 53U4 Fh,'idi;m A~cn',~c m X:qflc~ Man,.' I'ml )nc. in ('oilier (',mn~. I l,,i&~ h', R;d;icl Morulcs and .lu;m;~ lx~ .52 I ] .l.(ll) 1.77S.{)~} 1.575.(,) ¢,.779.52 1.6A 8 Yhc I'~aymcnt of impac! I'ccs by ('oilier ("Otlllly is subject to tile cx:ccutt{)ll aim tcc{mhlti,m an ,,\l'fl)rdabJc Jl,,'msing ..\~rccnlcnt l',,',r I'~;I.~lllCllt or ('olJicr ('oum.,. Impact Fcc,, l'~cp,',,..',,.'r~ j'~r('~pcrty oxx ncr and or ptll'chascr :lTld thc '['his DxC.qOIuIJ(~I1 ;~k]ol'"lc~,t lit'let tllcdioll, sccoild ;Ilia rna.jc, rit.x AYT F.S'I': DWI(HI'I' J... BR()('K. ('lcrk ltt~ " '. ' '~,?-: '- Approved as h) Ihrm ~ll'~d legal .stl I'J'Jc i cnc .',: I leidi [:..,\.sJlh>ll .,\ssi.qlillll ('OLl*lI'¥ ,.\u,*rnc~ liXl lIP;IT ",'V' 1,1(( ;..\1. I) I'~S('I<I I"1'1 (),n~ P, \F.xI.~I, M()I~,..\I,I.~S ..x,~I).It'..xN:x I'~P,I.~7, I~,I.;SII)I.~N('I.'. I.()'I~ i ,.\Xl) 2. I~I.O('K ~;, ,x,';\l'l.t!~ ,\IAN()I,~ I'XlT I, ,,\('('()l(I)lNli I() It1I. I'I.AT TIIF. f~,i~()I:, f~,f¥'~1,~1)I!I) I~ I'IAT 110()t4 ~. l'.,\(il!,~ .~ (~I: '111t! PI'Ill I(' I~,I.('()RI)~ (~1: ('()1.1.If-~t~, ~'~)1 ~. I Y. FI.()I,~II)A 4/ 2483731 OR: 2552 PG: 1048 ..\(;REI-i.~II':NT I:OR 5{I'~,~V..',,,IVEIUS0'V,, I)EFElt. I~,..~.I, ()1-' 100'Y,,, ()1" C()I.I.I I':R ('()UNTY 151 PACT i:I-;ES ). ~hL' This ..\grccmcr, t l'~r Ibc \Vaivcr of Iiu[~;.icl Fees entered ~mt~ IJ~ig_5-,~ 9' ~tav ~-'~-~'~ ....... . 1999 by ami between thc Board of ('ot,ntv ('o,mnissio,,crs of ('oilier County, Florida. hcrcinal'ler rclkT'rcd lo as "('Ot.'NTY" ;tlld Rafacl NlOlilJcs illld .Itlallil l'crc/. hereinafter rctUrrcd h~ as "OWNER." WIT N iLSNI:T WiiERIL..%S. ('oilier ('t)tllllV ()rdJllallCC No. SS-97. ils illllClldCtl, thc ('~[JJul' Library Svslcm Jmpacl }'cc ()rdillallcu: ('oll~cr ('ounl% ()rdinancc N~,. HN-'H~. as amcmlcd, lilt ('oilier ('ot~nty Parks illld Rccrcalional I:ac~lilics JlllpaCl l:cc ()rdiuimcc: ('t~llicr ('tltllllV Ordinance No. 91-71. as amended. Ibc ('oilier (',mmv Emergency Nlcdical Services Nvstcm Impact Fcc Ordin:mcc: ('oilier t'otmtx ()rdina~;cc No. O2-22. as :mlcntlcd. thc ('oilier ('OtllllV Road Impact Fcc ()rdinancc: ('ollicr (rOLIIIlV ()I't]illiIIICC N(). 92-33. ;is iHllClldEd, IllE ('ollicr County Educational Facilities System Impac~ Fcc Ordinance: and ('oilier ('otmlv Ordinance 98-69. thc Regional Water andor Scxxcr Systems Impact ()rdinancc. as lhcv may be li~rlhcr amended from time to lime }lcrcHlal'Icr collcclivclv roiL'trod lo as "Impact Fcc ()rdinancc". al'lbrdablc housing: ami WIll,RI{AS. OWNILR has applied lbr :, 5~)"',, wai,,'cr 5r~",, dcl~'rrill t~l' impact t~u's rectuired by the ]nlpacl Fcc Ordimmcc. ;i cop> of said applicalion is tm 111c in thc ol'licc WIIERIi..XS. lilt ('OtllllV ..Mlm:nislr;itt:r :~' his designee has rcv:cxxcd lbo ()WNILR's waivcr/50'5',, dclbrral of impact I~'cs as cslahJishcd in thc Impacl t:cc ()r'tlina~cc: and 37.50 ~.0O OR: \Vt.IERF. AS, tim impact fcc waiver'deferral shall bc prcscnlcd in lieu of payment of thc requisite impact fees subject to satisfaction of all criteria in thc Impact Fcc ()rdinancc thc project as eligible for an impact lZ'c x~ aivcr, dcffcrral and WIIERE..XS. thc ('OL'NTh' aplmwcd a waivcrdct'crral of ~mp:~ct WItERIL:~S. thc J~paCl I:CC ()rdinimcc requires that thc ()WNI:R cmcr Agreement witl~ Ibc ('()UNTY. agree as 1. RI~CI'I'.,Xl.S IN('ORI)OR,;XTI~I). Thc lbrcgoing recitals arc tr[Ic alld correct ;llld shall bc incoqmrated by reference herein. 2. I.EGAL DESCRIPTION. Thc legal description of Ibc d~vcllin~ unit (thc "Dx~clling Unil") alld silo plan is attached hereto as t<xhibit "A" and it~corpm'atcd by herein. 3. TERNI. OWNER aMrccs tha~ thc DwcllinM [:nit shall remain as al'Ibrd;al, lc housing and shall bc ol'l~rcd IBr sale in accordance with thc slamlards set fi~rlh in appendices to thc lmpacl Fcc Ordimmcc l~r a pcrk,d of fifteen 115) vc;~rs COllllllCllCillg I'r'om tile dale Iht ccrtilicatc of occup:mncy is isstmcd t~)r thc I)xvcllin~ Unit. 4. RI~PRf[SI[NT,-XTIONS ,.XNI) WAI{I<..XNTIES. ()WNER represents illld XViII'I'LIIllS lilt t'ollowing: b. Owner maintains II household xxitl~ a lnw income as dclincd in thc appendices to thc Impact Fcc ()rdinancc and thc monthly payments purchase thc D~xclling [init must bc wilhin thc al'fimlablc housing ?idclincs established in thc appcmticcs Io thc Impact t:cc ()kvncr is a 15fsi-time home buyer: (), OR: 2552 Thc Dwcllir~g t:nit shall bc thc hcm'lcslca,.t Thc Dv,'clling [ 'nit shall rcmai, as atTordal'~lc housing l'~i' Ii I'Iccll PG: 1050 .q I VC;ll'S Ii'om thc date thc cci'lilicatc ol'occupancy is issuctl Ik,l' Ibc l)xx clling [:nil: ()Ftlillal~CC. In Fclurn Ibr thc 5g~",,x~;lixcr 5(}",, dclbFFal ,*I' thc Illll~ilCI impacl IL'c x~aivcr ttcli'rral Io a stlbsctjtlCllt purchaser ,,~ IClllCF. Iht Ilxxcllim: ()rdit]:mcc. pcl'i{~d, lilt IlllJl:tCl Jbcs sIl;l[ bc immediately l'Cpilid h~ I11C ('()[ 'N'I'¥. cxccpl Ill:IV bC lbI'ccloscd tlpOll in thc cx chi ~I' mm-c~mq~liancc ~k 11}1 t}lC l'ctjtliI'ClllCIll5 o1' lJlis ..Xgrccmcnt. RIiI.I~:XSt~ ()F I [[~N. I'pon satislhctoFx' complclion ol'lhc .ts:t'ccmcnt rcquit'cmcnls OR.: 2552 PG: 1051 8 {'cc-;. Ibc ('()} 'N-{ Y sba}}, al thc doCtlIllClll;tlltHI c\'JdcI1Cill~ lJlC lCrlllJlliliit',ll t',l'Jhc iiCI1. JllCJihJJll~. {~l{I I1,.1l {itllliCtJ ItL ;I release of BIN'{)I~(i I- I:}- IL('T. .,'k 'd I'C C I 11,..'l 1 ~ .11~ t.i c\}',cF~sc ~t' lhc ('()l "x { '~'. t't.'ctm{ ally ncccss;irx assigns. In Ibc case of sale or H-;msl'cr bx ~)l't ~l' arc {,;Lid in full or tlnli} Ibc c(mditions scl Ibl-lll iii Ibc Iln{~;icl Icc ()r~mimla?lCC ;mrc satisl]cd. In addilum, lhis..X~rccmcnl shall run k~ilh Ibc hm,t and sl~;~II remain ;l I~cn ( 'O111111 )SSIOllCI'S. [)l~t"..x.l'l_l r)WNt~R shallhctndcl'ault~I'tl~l~.X~rccmcnt qt~alil~cal~tm cr~Icr~a cqabliMK'd in Iht ImlYac~ Fcc ()rdln;mcc pay thc impact I~'cs x~ithin3~)davstq's;mtmm-compllancc.~r(Z)x~hcrc~)WNl violatcs one o~'thc al'lbrd;d~lc h~msin~ q~utlilic41nm cr~cr~a ~n Ibc {mpacl I'cc a~rcc:; lhal thc ~mpac~ l~cs xsai','cd del'cried shall OR: 2552 1 052 writtL'l~ IIL~[iCC t(~ ()Xk'~J~J(. ihL' J~O~tl'd lll~li bl'lll~ CiXlJ LICtJI)I1 }il CIII~I'CC IIlJs {)r,~J~'ri?. J Jli~ rClllCdV i~ Clllllill,Ii{~' k~ ilh ;lily ,)[I1cv l'i?ll (~1' I'~'111c, Jk' ;tk;lJJ',lbJc 1~)IJlc ('()1 '~'I i. 'ibc' l{~>;~rd sh;lJl he' c'~11iJJc'd I,, rcc~'r ;~JJ ;lll,~rll~'X's I'L'c~. {lictlrl'c(1 BM Ibc [~,~;{rd J~l c'~t'~rcJi~S Ibis A~FL'L'IllL'Ili. i~lt~ JlllCl'c'fil ;11 Ibc' $1~lltlil~l'k' l';llC I~l' .jild~lllC{ll~ c/IJctlJillC'tl Oil il C;llClldill' dilV h;IS~ tlllliJ W;jiv~r. l)~l~'rri~l ~I' Iml~ixL'l I:~L's tm thc ti;ilL' ;it,d v~'LJr l~'~t ;iht~v~' x~ ~'iltL'v~ ST..\T I'~ Ol: ) C'()t; N"I'",' (')I: ) 'Ibc l'~r~'?ll~z iI~slI'tm~cI~l x',;Is ;lck. r~'~'.Ic~lgctl l~cli~I'c mc Il{is . dilv .,~.'_. '_6_ ............. . }~)()'). }',x J~,;ll'ilt.'l Xl,~T';tl,..'s. }lc is {'~'rstm:lll.,. kll(,'o, ll It, lllc I)l' J'~l'tldtlCc(.J Print Namc Print Name OR: 2552 PG: 1053 STATE OF ,' ' COUN'FY OF .%ignalurc of Person Taking .,\ckn(~ Icdgmcnl ATTEST: D,WIGI-tT E. BROCK, ('lcrk $.lg~atur~ only, Approvcd as ~o fi)nn and legal sufficiency llcidi F..Ashton Assislant ('OilllIV jd'c,'agrccmcnl~ mor21c,, pore/ OR: EX II IBIT I,E(;:\I, I)IS(;Ri PTIO.~ i~,:\1"..'~i';1. ~I()P, At.I':S A~Ni) ,I{:AN.\ I~ERI"~Z RESII)i';N('I'; I.¢)'IN I :\,",'1) 2 ()t: BI.()('K ,"q. N:\I'I.f!N .N1/\N¢)R t'NIT I...\('¢'()RI)IN(; T() 'l'l I1! t'I.,,\'F 'l'l I I'~R E()I:. ()F t~, i'i("()R D IN PI .AT I?,( )( )K 3. I'A( ;t{ 57. ( )I" Fill! I't '17,1.1(7' RI:.('ORI)N 135' 72~ 16A RESOLUTION NO. 99.239 A RESOLUTION EXTENDING TIlE TERM OF TIlE LAKE TRAFFORD RESTORATION TASK FORCE AND REAPPOINTING / API'OINTING MEMBERS TO TIlE LAKE TRAFFORD RESTORATION TASK FORCE. WIIEREAS, the Board of County Commissmncrs of Collier County, Florida adopted Rcsohmon Nos. 96- 225, 97.250. and 98,-ll:q, establishing thc Lake Trafford Restoration Task Force for a period of one ???'car and then extending thc term for additional one (I) bear periods Itl expire May 7. Iqq9; and WIIEREAS. in order to finalize tile ',~ork necessary to restore I,akc Trafl'ord. it vail bc ncccssar.x lo extend thc term of this ad hoc comn'~lt~cu for an additional one {!} ???car period: and WIIEREAS, thc ('ha~m~an of thc I.akc Trafl'nrd Rcsloration '['ask Force provided thc Bo:ird t.f (;ounlx Commissioners x~ith a list of c~rrcn{ and su~cstcd members to bc appointed ancot re-appointed to this committee. NOW, TIIEREFORE, IIEITRESOI-VEI) BYTIIEBOARI) OF COUN'FY COMMISSIONERS OF COLI. IER COUNTY, FLORIDA, that: Thc l.akc Trafford Rcstorat.m Task Force ~s hereby extended for an addmonal period of one ,..car said term to c',;p~rc Ma5 7, 2()l)l) 2 Thc folJox',lng members arc hcrcb5 re-appointed /appointed to thc Lake Trafford Rcsloralion Task Force. Barbara B. Bcr~, Board of Count???',' Commissioners Dr. George G. Yilmaz. Director. Pollution Control & Prc',cntion Department Ed Carlson. South Florida Arcs Manager. National Audubon Society Dr Eric Flaig, Senior Engineer. South Florida \Vatcr Management District Gene Heam. Pepper Ranch & Prcsc~'c Jon M, Iglchan. Enviromncntal Administrator. Department of En:ironmcntal Protection Frank Morcllo. Biological Administrator. Di',ision of Fisheries. Everglades Rcgmn. Game & Fresh Water Fish Commission Edv~ard "Ski" OIcsk>. Lake Trafford Marina. Inc Nlilcs "Rock???'" Scoficld. Scoficld Marmc Consuhmg ,".lichacl Simonik. Environmental Polic5 Facilitator. Thc Conserxanc5' lackic Smith. Regional Biologist. I)cpartmcnt of Environmental Protection Clarence N Tears, Jr. Director. Big C5 press Basra. South Florida \Vatcr Management District FrcdN Thomas. Jr.Grcatcr Immokalcc('hambcrofCommcrcc Para Bro',~n. Immokalcc. Florida This Resolution adopted th s ~.~ da? of (_ )_ _r_~ , ,, _ . . 1999 after mouon, second and majority :'otc i favoring same. A'I-FEST: DWtGIIT E. BROCK. CI.ERK Att~ct. *': t .';~,'~-, I K~pi. o3.ed as to form and legal sufficiency: Count.',' Attorney C()LLIEI:I COUNTY LAND I)EVELOPMENT CODE C()NSTRIiCTI()N AND M..\INTI'~NANCE ,,\(;I*,EEMF, NT F()I'~ SI;BI)IVISI()N 1 .M P I~,() V EM EN'I'S 'FillS CONS IRUC II0: AND MAINTI/,NANCI-; AGR. I:A.:Mt-:N'I* F()R S[JI'~I)I\;ISI()N IMPROVEMI-~NTS entered into this c:,~9,j-T,:~-.:-Z.., day o1'_'-~_ .. ltl ?~ hctwccn 'FBl~aples l,imitcd Partnership hereinafter rclkrred to as -l)evelopcr." and thc Iloard of County Commissi~mcrs of Collier Cmmty. Florida. hcrcinagcr rcl~rrcd tn as thc "ltoard". l)cvciopcr has. simultancous)? x~it}] thc delivery oflhis Agreement. applied approval by thc Board of a certain plat o1' Naples l,akcs Country ('Iuh l)ivision 3.2 of thc Collier ('ountv I,and l)cvclopmcm ¢'odc requires thc I)cvclopcr to post appropriate guarantees fi~r thc construction of thc improxcmcms required hv said subdivision regulations, said guarantees m bo incorporated in a bonded :tgrccmcnt tbr thc construclion ol' thc required improvcmcms. NO\V. TI IliRI{I:()ILI{. in consideration of linc foregoing premises aim mumm covclmnts hereinafter scl I'onh. l)cvclopcr and thc Board do hereby covenant und ~grcc as follmvs: l)cx'clopcr will cause to be constructed: }~}'mscs I. 2.3 arid 7 ol'lhc Naples l,akcs ('omllry ('lub Site Improvement I'kms. Improvements include r~x~dwav, drainage, water and scxvcr utilities. within 36 monthsl'mmtl~cdmcol'approvalsaidsuhdivis~mPlm, said mprt~vcmci~Is hcrcinal'tcr roi'erred to ils file required improvements. l)cvclopcr hcrcxvilh tenders its subdivision performance sccurllv (attached hereto as l~xhibit "A" and b~ rclkrcncc made a part hcrcol') ill thc amount oI' S3.025.596.00 which amount rcprcscms 10% of thc total contract cost to complctc construction plus 10()% ol' thc estimate cost o1' to COnlplctc thc required improvcmcms at thc date ol'lhis ..Xgrccmcnt. Ill thc cvcm ot'dcl'auh by thc l)cvch,pcr tlr l'ailurc of thc l)cvclopcr to complclc such improvements within thc time rcctuircd by thc l,and l)cvclopmcnt Code. Collier County. may call upon thc subdivision pcrtBrmancc sccurilv to insure satislktctory completion o f thc required improvcmcnls. 'tz:','l't,ll', I'} pin[:.Subdi', l.dc',Mmp doc ] The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with tt~c I~nat project records have been lhrnishcd to be reviewed and approved by thc l)evclopmcnt Se~'ices Director for compliance with thc Collier Coumy l,and I)cvclopmenl Code. 'Fhe I)cvelopmcrv, .%cr',. ices Director shall, within Mxtv (6()~ ctavs of receipt t~l' thc stutcmcnt (~1' subMantial complctitm, either: a~ notit'v thc I)cvclopcr in writing his preliminary apprtwal or'thc improvements: or hl notilX' thc l)cvch~pcr in writin$ of his refusal to approve improvements, thcrcxvith spcci Fying those conditions which thc l)cx'clopcr must Fulfill in order to obtain thc Director's approval of thc improvements. }lowcvcr. in no event shall thc Dcvclopmcm Services Director refuse preliminary approval (~I'thc improvements il'they arc in fact c~mstn~ctcd and submitted ik)r .approval in accorduncc with thc rccttdrcmcnts (~l' this ..Xgrccmcnt. Thc l)cvclopcr shall maintain all required improvements l't~r a minimum period t~f tmc vcar after prcliminary approval by thc I)evclopmcnt ,"4crviccs I)ircctor. ..\l'tcr thc {)nc ,'.'car maintenance pcriod bv thc Developer has terminated, thc l)evcloper shall petition thc Development Services Director to h'xspcct thc required improvements. ]'he Development Services l)ircctor or his designee shall inspect thc improvements and. it' £ound to bc still in compliance with the Collier County Land Development Code as reflected by final approval by thc I3oard. the Board shall release thc remaining 10% of thc subdivision pcrForn'mncc security. Zh~2 Developer's responsibility For mainten:mcc of thc required i~r',provcrncnts shall cor~tinuc tmlcss r~r until thc Board accepts maintcr'mncc ,~cs?onsibiiitv for and by thc County. Six (6) months alicr thc execution of this ,:\grccmcnt and once withir~ every six (6) months thereafter thc Developer may request Ibc Development Services l)ircctor to reduce thc dollar amount of thc subdivision pcrli)rmancc security {m thc basis of work complete. Each request Ibr a reduction in thc dollar amount t}~c subdivision pcrt~)rmancc scctxritv shall he :tccompanicd by a statement ()I' substantial or,repletion b,, thc I)cvclopcr's engineer tt~gcthcr with thc project records ncccssa~' l~r review by thc I)cvclopmcnt Sort*ices Director. Thc Development 5crt'ices l)ircctor xnav grant thc request For a reduction in thc anlottlht Ol' thc subdivision pcrlk)rmancc security tCr thc ~mprovcmcnts completed as t)l' thc date oF the rcclucst. In the event thc Devoir)per shall Fail or neglect to Ihlfill its obligations under this :Xgrccmcnt, upon cc~iIicatitm oi* such l'ailure, thc County .,kdministrutor may call upon thc subdix'isicm pcrt~wmancc security to secure :~atist~tctory c~maplction. repair and maintenance r)l' the required improvements. Thc B{,ard shall have thc right to construct and maintain, t,r cause to be constructed or maintained. pursuant to public advertisement and receipt and acceptance ol'bids, thc improvements required herein. Thc l)exclopcr, as principal under thc subdivision pcrtbrmancc security, shall be liable to pay and to indcmnil3' thc Board. upon completion of such construction, the linal total cost lo thc Bt~ard g Ioll I} pm'..' Ntlb,.l~'~ I dc~,bm~p doc 2 thereof, including, but not limited Io engineering, legal and contingent c,,xts. together x\'ith an.',' damages, either direct or consequential, which thc Board may sustain on account of the failure oF the Developer to [ultill all of the provisions this Agreement. All of file terms, covenants and conditions herein contained arc and shall be binding upon thc Devclopcr and the respective successors and assigns of thc I)cvelopcr. IN \\'TI'NF. SS Wt II'~RF.()I". thc Board and thc l)cvclopcr have caused this Agreement to be executed bv their duly authorized rcprcscntativcs this ,,&.T'~day of ~ ~ ...... . 19 5~ ~_. SI(}NED..SI!AI.EI) AND l)l:.l.IVl.]~.liI) IN TI 11( PI~,I!.<,I{NCI'] ()F: TBl/Naplcs l.imitcd I'artncrship Toll Fl. GP C'orp.. lis (icncrat l'artncr Printed or l'ypcd Name Printed or Ty'pcd Namc .-ATTEST: DWIGt IT E. BR()CK. (.'I,I:,RK Dcputy'Clcrk :'.t.s:s'. ~,; to Ch&/r,a~uh s l,;natur~ c~n 1 y. Approved as to form and legal Sufficiency: David C. Weiycl Cou!Ity Attorney Arthur Friedman ................... Printed tlr Typed Name Assistant \"icc President I~OARI) ()F C()[.;N'I'Y C()MMIS- SIONERS ()F C()I.I.II']*, I"I.()R I'amcla S. Mac' Chairwoman 'g:\ 'oll','l,.pmg'5, bt ', l.dcshimp doc 0 BOND n929105788 COLLIER COUNTY LAND DEVELOPMENT CODE1 6 ~1 .75 PEPdZORMANC E BONED }GNOW ALL PERSONS BY 'I-tIESE PRESENTS: that TBI/N'APLES LIMITED PARTNERSHIP OWNED BY WHOLLY-OWNED SUBSIDIARIES OF TOLL BROTHERS. INC. (hereinafter referred to as "Owner") and CONTINENTAL INSURANCE COMP)dqY {hereinafter referred to aa "~") are held and firmly bound unto Collier County. Florida. (hereinafter retk"rred to as "County") in the total aggregate sum of THREE MILLION TWENTY FIVE THOUSAND FIVE HUNDRED NINETY SIX AND NO/100 Doilars I$3.025,596.00) in lawful money of the United States. for the payme:nl of which sum well and truly to be made. we bind ourselves, our heirs, executors, administrator~ stw.,cessom and assigns, jointly and severally, firmly by these presents. Owner and Surety are used for singular or plural. as the context requires. DIE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval bv the Board of a cc'tram plat or' a subdivmon to be known as Naples l.akes Country Club and that certain subdivision shall include spectfic improvements which are required by Collier County Ordinances and Resolutions {hereinafter "Land Development Regulations"). This obligation of the Surety shall commence on the date of this Bond is executed and shall continue until th~ date of final acceptance by the Board of County. Commissioners of the specific improvements described in the Land Development Regulations (hereinafter the "Guaranty Period"). NOW, THEREFORE. if the Owner shall well, truly and faithfully peffom~ its obligations and duties in a~ with the Land Development Regulations during the guaranty period ealabli,shed by the County, and the Owner shall satisfy all claims and demands incurred and shall fully indeannify and save harmless the County from and against all costs and damages which it may suffer by reason of Owner's failure to do so. and shall reimburse and repay the County all outlay and expense which the County may :ncur in making good any default, then this obligation shall be void. otherwise to remain in full force and effect. PROVIDED, FURTHER. that the said Surety., for value received hereby, stipulates and agrees that no change, extension of time. alterauom addition or deletion to the proposed specific improvements shall in any way affect its obligatton on this Bond, and it does hereby waive notice of any such change, e:~examo~ of ~ alteration, adu4ition or deletion to the pmIx~ed specific impmvern~x~ PROVIDED FURTHER. that it is expressly agreed tl-~at the Bond shall be cle:eax~d 'armaxted automatically and immediately, without formal and se'i:~rate amendments hereto, so as to bimt the Owner and the Surety to the full amd faithful l:~:rformance in accordance with the Land Dcwelopment Regulations. The term "Amendment." wherever used in this Bond. and whether referring to this Bond. or other documents shall include any alteration, addition or modificaUon of any charact~ whatsoever. IN ~SS WHEREOF. the parties hereto have caused this PERFORMANCE BOND to be executed this 8 TH day of JULY, 1999. 'FBI/NAPLES LIMITED PARTNERSHIP BY: TOLL FL GP CORP. ITS GENERAL PARTNER ~ B()NI) #9291fl5788 COI.I.IF.R C()UNTY I.AND DEVEI.OPMENT COl)i:. PERFOP. MANCE BOND KNO\V AI.I. PERSONS BY TIIESE I'RESF. NTS: lhal TBI/NAPI.I~S I.IMITF. I) I'ARTNI~RSIIII~ ()WNEI) BY WII()I.I.Y-()WNED SIJBSII)IARIES OF TOI.I. BROTIIERS, INC. (hereinafter rcl~rred Io as "(hvncr") and C()NTtNI~NTAI. INSIJRAN('E COMPANY (hereinafter rclErrcd ~o as "Surely'} arc held and firml5 bound unto Collier CO[lllly, Florida. H~crcinaflcr referred m as "County-) m thc total aggrcgalc sum of 'IIlRI(E MII.I.Ir)N 'I'Wt~NTY FIVE 'I'IIf)tJSANI) FIVE IItJNI)REI) NINETY SIX ANI) N( ~; l llU Dollars 153,025,596.OUI m lawl'ui money of Jim Unilcd Slalcs, fi~r thc paymcnl of which assigns, joinlly and sc~crally, firmly by lhcsc prcscms. Owner and Surely arc used liar ~ingular or plural, as ibc comcxl rvquirc~. 'file CONDITION OF Tills OllLIGATION is such tha! whereas, the Owner has suhmitled fi~r approval by Ih,2 Board of a cc~ain plat of a subdivision ~o be known as Naples I.akcs Counlo, Club and Ihat ccnam subdivision shall include specific improvcm¢nls which arc required By Collier Ordinances and Rcsolulions (hcrcJnal~cr 'Tand Development Rcgulalions"}, Surcb' shall commence on thc dale of Ibis Il{md is cxeculcd and shall Conlmuc until ~hc dale uf Iinal acceptance by the Board of Counly Commissioners of Iht specific improvemcnls described ill the l.amt I}e~cl~pmenl Rcguhilions Ihcrcimdicr Ibc "(iuaranly Period"). NOW, 'Ilt,EREFCIRE. if Ihe Owner shall well, Iruly and failhfully perfimn ~ls ohligalions and duties in accordallCC v.'ith thc l.and l)m.'clopmcn! ReL. mlalions during Ibc guaranty period established by Ibc Cuunly, and Ibc Owner ~hail satisl}' alt claims and demands incu~ml and shall fully mdcnmify and save harmless iht C'~mnty from and againsl all costs and damages which il may suffer by rcastm of Owner's lhilurc to do so, and shall r,2imburse and repay thc Coumy all oullay and expense which tim Cuumy may recur in making good any defimlt, thou this obligation shall be void, olhcm, ise to remain m IBII I~rcc and c I)~ct. PROVIDED, FURTIIER, that lite said Surety, for value received hereby, stipulates anti agrees thai no change, cx~unsitm of lime. allcralion, addilion or deletion to lhe proposed specific impr~wcmcnts shall m an> way affect ils obJlgalion on thi~ It{md. amt it docs hcrchy waive nolicc oF any such ch;Ingc. cxlcnshm .F time, ahcrarion, additnm or dcJcuon In thc proposed specific impro~cnlcnl~. PROVII)I:.D FURTIIER, that it Js expressly agreed that the Bond shall hc dccmcd amt:nded automatically and immediately, without formal and scparale am,2ndments herclo, so as lo bind thc ()wncr and thc Surety to the full and faithl\~} peril)finance in accordance wilh Ibc l.aml I)evch>pmcnt F. egulations. Thc term "Amendment," wherever used m this Bond, nnd whether referring to this Bond, or other dncumcnls shall include any ahcraliun, addition or modification of any character v,'hatsocvcr, IN WI'I,'NIiSS WttEREOF. the panics hereto have caused this PERF()RM:\NCF. Bf)NI) mbc exuculcd this 8 TII da> of J[;l/~', 1999. Jo}~. \Valle - Witness as to Sureb' 1 IH/NAPI.ES I.IM lTl!l) PARTNERSI lip BY: TOI.I. FI. (.;P C'OY, P. ITS (HLNERAI. P A R'] ~ E R ~d D. CONTINENTAl. INSTANCE COMPANY Dan~l A,.;Y. NO'gLE. D<:;£~ EA'T Ol: c:ot:Um~A,kl'Z ARLENE OSTROFF ~TATE OF DANIEL P. DUNIGAN PENNSYLVAN IA DELAWARE NOTARIAL SEAL" ARIEN[ F~STR3FF. f(o',,wy P~hlic POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT1° 6 A Know Ail Men By These Presents, That THE CONTINENTAL INSURANCE COMPANY, a New Hampshire corporation, FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, a New Jer'~ey corporation, and COMMERCIAL INSURANCE COMPANY OF .NEWARK. N.J.. a New Jersey corporation (herein collecl~ely called 'the CIC Surety Companies"), are duly organized and existing corporabons having their principal offices in the City of Chicago, and State of Illinois, and t~t they do by virtue of the signature and seals herein afl[xed hereby make, constY~te and appoint William F. O'Bden, William F. Simkiss, John R, Waite, John A Simkiss, III, Daniel P. Duni~an, Individually of St Da,,4ds, Pennsylvania their lTue and lav,'fut Attomey(s)-in-Fact ,,v~h full pov,,er and au't~ority hereby conferred to sign. seal and execute for and on t~eir beha,'f bonds. undertakings and other obligatory insb"uments of s~milar nature - In Unlimitt~J Amounts - and to bind them thereby as fully and to the same extent as ff such instrumentS w~re signed by a duly authorized officer of their c~tio,q~ and all the acts of said Attorney, pursuant to the authority hereby grven are hereby ra'b'~ed and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of DireCu3rs of the corporations. In W~tzless W~ereof, the CIC Surety Companies have caused these presents to be signed by their V'~ce President and their corporate seals to be hereto affixed on this 2nd day of March 1999 THE CONTINENTAL INSURANCE COMPANY FIREMEN'S IIqSURAI'ICE COMPA[~Y OF NEWARK, NEW JERSEY COMMERCIAL INSURANCE COMPANY OF NEWARK. N.J Marv~ J. Cashion V'~ce President State of Illinois, County of Cook, ss: On this 2nd day of March . 1999 , before me personally came Marvin J. Cashion, to me known, ,i/no, being by me duly sworn, did depose and say: that he resides in ~ orb/of Chicago, State of Illinds; treat he is a V',:;e President of THE CONTINENTAL INSURANCE COMPANY, FIREMEN'S INSURANCE COMPANY OF NEWARK. NEW JERSEY and COMMERCIAL INSURANCE COMPANY OF NEWARK` N.J. described in and which executed the above instrument; that he knows t~e seals of said corporations; that the seals afr~xed t~ the said instrument are such corporate seals; that they were so afl[xed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authocity, and acknowledges same to be the act and deed of said corporations. My Commission ExT:4res March 6. 2000 Mary Jo Abel Notary Public CERTIFICATE I, Mary A. Riblkawskis, Assistant Secretary of THE CONTINENTAL INSURANCE COMPANY, FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY and COMMERCIAL INSURANCE COMPANY OF NEWARK, N.J. do hereby certify tYmt the Power of Attorney herein above set forth is still in force, and further certify that the By-Law and ResolulJon of the Board of Directors of each corporation printed on the revers~ hereof are still in force. In testimcx~y whereof I have hereunto subscribed my name and affixed the seals of the said corporations this 8TH dayof jULY 1999 (Rev.10/1/97) THE CONTINENTAL INSURANCE COMPANY FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY COMMERCIAL INSURANCE COMPANY OF NEWARK, N.J. Mary A. Ribikawskis Assistant Secretary CNA INSURANCE COMPANIES THE CONTINENTAL INSURANCE COMPANY STATEMENT OF ASSETS AND LIABILITIES December 31, 1998 ,~SSETS: C4sh Short-term investments (princiF4ity U.S. Cx~ernment Obliga~icns) United Sutes Government abli~tions Other public bands industrial and m*sceHancous bonds Pre(erred sto~ks Common stocks o( affiliated companies Other common slocks Re.d £slate Premiums and agents' balanc~ in ¢our~ of collection Premiums. agents balances and instailmcnts booked but deferred and not yet due Accrued retrospecJve premiums ~crued interest dividends and rents Other ,assets Admitted Assets LIABILITIES: $ 20,977,289 151,004.714 701,716,653 134.457,159 241,389,049 416,230 290,852,575 )7,096,221 118,566,092 67,924,6)3 138,091,717 24,7S2,2S0 16,056,767 214,678,627 $ 2,157,979,976 Unearned premium reserve Res·r,,· (or loss and k~ss adjustment expense Reserve for taxes, licenses and fees (including federal income taxes) OLher tiabilibes Total Liabilities 325.284,453 975,875,318 11,664,029 317,288,716 $ 1,630,112,516 SURPLUS: Capital paid up ($5,00 par valuel Shares authorized: 10,713,272 i~sued. 10,713,272 $ 651,001,557 Surplus (123,134,097) Surplus as Regards PolicTholder$ S27,867,460 Total $ 2,1S7,979,976 Failure of items to add to b3tais shown is due to rounding. State of Illinois ) ) ss County of Cook) On this 30th day of April, 1999, before me c~me John M. Squarok and IvOry A. Ribik:,wskis, known Io me personally to be the Group Vice President and the Assistant Secretary, respectively, of the Continental Insurance C'nmpnny h~in~ [,lily ~wn,n. ferriC, nn,'( al~es! that the for·golf, S statement is a true and correct staterr~nt of Lhe assets and liabiliYes of th~ ~id company as of Squarok, Grou.~ce-Preside nC'"' M~:~tika~-t~i,, Assistant Secre"ry- ** _. OFFICIAL SEAL" ** SUSAN CAROL COGHLAN · HOi'ARy PUSLIC et ....... ,. · ,,.- . · u,, ,,___. , :~ ,,~n~ u, ILLINOIS · T6A SI;BDtVISION IMPROVEMENTS EARLY \VORK AGRF. EMF. N'T FOR (iEI)AR 1999. by u,~,l hct~ cc,~ 'Fl IE BOAI~I) OF ('OUNTY COMMISSIONERS O1: ('O[.l J t'.R COL Fl.()RIl)A(hcrcmal~crrefcrrcdtoas"Coumy")am~ US It()MECORt'()RATI()X.a corporation (hcrcmafler refcn'ed tn as thc "l)ex eloper") \VILER EAS. Dcvclopcr is thc record title or, ncr ofrcal propcrty m Collier County described in Exhibit ".&" i~crcto, and duc to the si/c and complexily of Ibc golf course p~rlion -f Ibc suhjccl project, dcn~ands for certain inlYaslruclttrc xxhich is specifically described herein cxcccd thc rate ;fl which tl~e remaining portions of ll~c subjccl project would typically he cxpcc:ctl Io dcvcl,p ami provide mlrastructurc supporling thc goJ~'cnurse po~t(m oftl~c su~jccl project: and ~,t.'t li{RI'...\N. Dc\eloper is clcsirmls ~fconstruc:ing subdivision imprcwclncllls prior t. thc appro~ al and rccordati,m of subdixisi,,n {fiat fi~r Ibc subject project: and W} tF. RF. AS. the Developer x~ishcs to construct a goll'coursc hereinafter referred m as thc Cedar }tammock CountO' Club in accordance with thc Collier County Mind Dcvclopmcm ('ode. Collier Coullly Ordinance 91- 1(12. Thc In fraslruclurc which is lilt StlhjCCl o[' this Agrccmcnl needed tosupporlthcgoll'coursc~sspccillcallydcscribcd in Exhibit "B" ",VIfIiRis,.\.$. this gol(coursc ~s to be conslruclcd in im area rcmulc l'rmn cxishng .r immediatcly planned infrastructure and tile golf course COF1SIrUCliOll requires grnw-in and olher long lead lime ilerns: and \VI tliRl:.-\S, thc construction plimncd docs not and will not he alllcntlcd lo include plallS [~,r rcsidcmial or Cltlbhousc related t. lscs be'.. olld thc limited in frastruclurc subject Io Ibis ..\ grcemcnt: ami NOW 'I't [[iR E FOl',I!. in consideration of thc premises, the mutu:d undcrl;tking ol'thc parl its. and olhcr good and valuable consideration, it is agreed bv thc parliCS hcrclo re fercncc. ]{lc I't)rcgoillg rccitallous arc ti'tic itlltl Col-reel illld ;irt.' illCOrporiilcd hcrcmby 2. Developer agrees to proceed x~i',h lhc plal t\~r file golf course and thc required infrastructure to support thc goll'coursc. I'hc plal Shill{ remain unrecorded and no bonding shall be required x~ hi lc thc Dcvclopcr completes thc golf course alld tile related infrastructure described in []xhibil "B" . Developer agrees to execute a construction alld lllltiillc{lilllCC agrcc~llcnl i~l a Ibrnlal acceptable to thc County at lhc tilllc of plat approvtd by Ibc Board ofCoullly Commissi{mcrs of Ibc golf course. 3. Developer agrees to complete the golf course anti its required improvements within three >'cars. ()pcralion of thc completed golf course shall not commence until thc final plat is recorded amt thc County grants preliminary acceptance to the rcquircd subdivision imprt~vcmcnts and all required support fiicilitics arc in place alit/approved fl)r occupancy amt usc as a golf course facility. 4. l)cvclopcr agrees to dedicate and grant, withoul cosl or rcinlburscmcnt to Ibc [ 'ounly, }tH IleCCSS;IFV caSClllC[llS [o t}lc ('o[111[', alld all olhcr SCl~'icc providers to serve thc g{*JI'CmH'SC a~ld rcm;fining porlions off lhc overall prt~jccl alld other hinds, provided said cascmcnl granls d~ nnt unreasonably imcrferc with the usc and operation of the golf course. 5. Dcvclopcr agrees Io record thc final plat upon Cmllplcfion of cnnstructi{m anti Iin:d inspection o~infraslructurc and lake cxca~ alion work and agrccs to providc a mainlcmmcc bond I~r thc inflastrucIurc rcquircd to Ibc provis.ms .fthc Collicr County Land Dcvclopmcnl ('odc. ('ollicr ('O[lll[y Ordinance 91-102. as amcmlcd (~r IlS StlCCUSSOF i~ f[IllCllOII. SiHIIC hcillg SI~IllclillIC~; referenced hcrc~n as-Suhdlvisiu:l I(c?~lali~ms". 6. l)cvclopcr shall prepare subdivision construction plans and a final Iff;" and shall submit tbcsc plans and plat for review and approval in accordance with the Subdivision Regulations. Plans shall include where applicable water management lakes, conveyance struclurcs and outGIls. ;regal;on rite;lit;cs, other permanent or IcmporaD' access roads or utilities, utility crossings and thc like. and site clearing. 7. [)cvclopcr shall obtain all requisite l'udcral, stale and local perm;Is and approv:fls and shall construct thc infrastructure subject to this Agreement including thc aforementioned golf course. lakcs and water management facilities, irrigation pump stations, shellers, lcmporary infrastructure and any mainlcnancc facility in accordance wifl~ all applicable federal, slalc and local regulations. land usc and land dcvelopmcnl regulations. 8. Dc',clopcr agrees alld acknowledges ;hal azly tClllporary xxatcr, sc,.xcr, and access facilities, il' rccluircd, shall hc ahal~chmcd in I;.~vor of pcrmancm connccti{m at such lime as thc permanent services arc available lo thc site Verification and approval ol'ally Icmporary filcililics will be made durin~ thc site development plan a~ld/or building permit rcv~cxv process, x~ hichcvcr is applicable 9. Developer agrees that a Site Dcvclopmcnl Plan (sometimes rcrcwcd to herein as "SD?") shall bc sabra;lied for any vertical constn~ction, such as maintenance hcility or proposed slructurcs serving thc ?If course in accordance with Ordinance 82-(12. as amended by Ordinance 90-24, or their successors in l'tmnction, to f~blalll site plan approval. Alter thc SDP is approved Developer shall be alh>x~ cd to apply t~r building permits which directly relate to thc dcvclopmncnt orstruclurcsfi*rlbcgolfcoursconly. Any prnpnscd ciubhotmc or like facility shalln.thcdccmcd lo be pan of this Agreement or thc infrastructure addressed herein. " 14 .1 10. County agrees and shall penni! tt~c Developer m proceed wilh linc plammin~. pcrmittin~ and coastruction of tile ?]f course ~rrigation pump station, rest she[Icrc, mnaiulcnancc raciiity, and requisite infrastructure which is thc suhjccl of Il]is Agrccmcm Issu;mcc t,[ ('oumy approvals to om~mcncc construction of ibc subdivision improvements shall hc comlitmncd following: a) Upon thc C'ounty Manager. or his designee, finding that thc subdivision conslruction pJalqs ~lld doculllotlts ~lld l~nal plat l~ thc golf course arc m COml~liancc ~kilh Iht provisions of thc (]rowlh Management [)lan and thc Subdivision Regulations and thereafter upon approval of same by thc Board of Commissioners during a rcgubriy scheduled mcclint. Developer's subg~itlal to ('Ounl) a copy of thc foJJoxkin~ pvrmils alld/O[ appm~aN: A Stamiard (}ctuzrM I~crmit fi)r Incidental Site Activities Imm South Florida Walcr Management pursuant u~ ('haptcr 40E-40.042. F.A.('. An Authorization of Work within Jurisdictional Wcllands issued by thc Engineers Dot eloper posts thc necessary lake excavation bonds pursuant ()rdin:JnCC amcmlcd. (~r ils successor in ~tlllCtiOll, Upon full and good Faith compliance ,.,. ith the provisions of this paragraph, lite ('ounty shall process the building permits subject to nomna} rcvicxv procedures. A cc~ificalc ,~ occtlpilllcy Ik>r Ihosc building permits approved under thc terms of this Agreement will be issued upon satisfactory completion of building and site construction in accordance with approved pbns. OCCU[lalICy and operation of any imgation system, maimcnancc facility, or rest stations shall nol hc withheld pending d~c preliminary acccptancc of thc ('cdar }lamnmck golf course i~lfraslruclurc ;uld recordation o Fthc ('cdar } lammock gol Fcoursc plat. provided all necessary temporal' or pcrmancnl support inI'rastruclurc is completed ami properly placed in service by thc C,mntv. I 1. County shall not permit and thc Developer shall nc, t scck Io placcll~c golfcoursc in sen'icc until tt~c fir]al plat of thc golf course is recorded, preliminary acceptance of thc golf course infrastructure ts granted by thc ('oumv and alt tcmporar) or permanent water, sewer drainage ami access facilities arc available to support Ibc golf course ami its related uses and activities. 12. All nOliCCS required or permitted mbc given hcrctmder shall he in x','rilmg as follows: If tO ('otnlty \\'ith copics to Ifto Developer County Manager (?ourthousc ('omplcx Naples. Florida 34112 Dcvclopmct~l Services Director and Projccl Phm Review M:magcr [)clcr COlllC;la U.S. [{omc ('OIl'mration 10491 ."-;ix Milo ('yprcss [)arkx~ay }:orr Myers. Florida 33912 16A 1 13. This a~reemcnt shall hc bindin~ upon Ibc panics, Ih¢ir successors and assigns, and shall run k~ith arid hind thc lands described ami encompassed herein. 14. Dcvclopcr agrccs to indcmni fy and hold County hamllcss against any and ;ill liabilily, loss. damage or expense £rom claims or causes of action, including attorney's l'ccs and courl cosls, resulting £rom a challenge by any pcrson or entity objectin~ to the legality or xMidity oF this Agreement. 15, Unless Icrminatcd by thc written mutual consent el'thc parlics hc~clo. Ibis Agrccmcnl shall terminate upon llnal :tCCCJMallCC OJ'I}lC inlYaslruclure and subdivision hnprovcmcnts addressed Regulations. IN Wl'l NF..~S WIItiRI'X)[: thc panics have executed this Agrccmcnl Ibc da!c tirst ah.vt wriucn. Signed. scMcd and I~OARD OF COUNTY ('OMNIlSSI()NI!I4S delivered in tiao' COIA.IER COt/NTS'. FI.ORII)A presence of: , Signalurc cai' ".Vimcss :; 1 Printed Name oF \~i,~ ~1 SignatUre/oF W,4't ness'~,; 2 Printed Name of \~'itness .".2 Pamela Mae'Kit ~'hairwoman Attest: ' ' f6~ - · Pclcr Comeau. Regional Vice President Soulhwcst Florida Division State of t:lorida County o f Collier The foregoing instrument :',,'as acknov, [edged bclbrc mc ;his 2; day of ''''-'/~ 19961 bF' Peter C_~or~Deau,_R_c_gional \"ice President ofU...5, t tome Corl2o_rati__.t2~&, ,.,,'hr) is pcrsonaJly kn~_ox~zn, to mc. or who has produced __ ' ~' as ~dcntification and who did /(lid not take an oath. Si~:mture of Notary Printed Name of Notary F. XItlBIT "A- TO GOI,F ('OURSE F. ARI.Y WORK AGREEMEN'F FOR ('El)All, IIAMMOCK I)ESC'P, IPTI()N ()F I,..\NI)S SL'RVEYF. I) A TR.'\ CF OF I,..\ NI) I_Y lNG IN A I'ORTION OF SECTION 3. 'I'O\V×St Il P 5U Y,()l ;TI I. RAN(iIi 26 E.-kST. ("OI.I.IEI~, ('OLiN'FY. FI.ORll).'\. Ill{lNG MORE PAI~,'FIC'UI,.'kR[_'f I)ES('I),IBIil) .'kS FOI.I.OWS. ]'tie SOU'I'IIWIiST QUARTER OF SEC'FION 3. TO\\'NSHIP 50 SOUTII. P, ANC, I:~ 26 F, AST. C'OI.LI ER ('OUNTY. FI.ORIDA. I.ESS TIlE \VEST I t,,\LF OF Ttt F. NORTI f\Vf!ST QU,,\RTER OF TIlE SOUT} IXVEST QU ARTEt~. OF SECTION 3, 'FO\VNSItlP 50 S ()l.,"l'l I. R:\NG F. 2(, E..\ST. CO[.LIF. R ('(}UN'I'Y. FI_ORII)..\. :\ND TIlE SOU'IItE..\S'I QU:\I~,TER OF SI~("FION 3. 'FOWNSItlP 5tI SOl:TIt. COI,LIER COUNTY. F LORI DA. I.YING \VEST OF ISLE OF CAPRI ROAD I' S'I'AT F. ROAD 951 ). I,ESS ..\ND [:.XCILIrl' .,\ 25 FOOT \\'II)t-~ DI!DICATED RIGHT ()F \VAY IN OFFICIAl. RI!C'ORD B()OK 2uI5. I'AGF, ]50tl TIIROUGII 1502 RE('ORDS ()F ('OI.I.IER C'OIiNTY. FI.ORIDA. AND TIlE SOUTtt\VI:.ST QUARTt'iR O1: ]'fie SOUTItWF. ST QUARTER OF Till! N()R'HIE,,\S'I QU.,\RTF, R OF SECTION 3. TO\VNSI flP 50 SOUTtt. R.,XNGF, 26 EAST. ('OI.1.11!R ('O1JNTY. FLORII).'\ AND TIlE NOR] lt\Vt-iSl' OUAR'FER OF SECTION 3. TOWNS}lIP 50 SOU'1 ti. RAN(ii! 26 I!AST, ('OI.I,IER CO{'NT'f. FI.ORID:\. [.YING SOI,'TIiE,.\STERI,Y OF D..XVIS ¢S'F.ATE RO..XI) No. SAID t'.,\R('I:I, t'ON'I',.XlNING 417.32 ,.\CRf':S MORE OR LESS. SL'I3JE('I 'Ir) f!.,\SI-:M IiN'I'S, RESTRIC'HONS AN[) RESERVATIONS OF RECORD. I':.Xt 1113IT "B" TO GOI.F ('OURS[': ['~,,\RI.Y WORK t\GRI':t':NII:.NI' I:OR (: E D,,kl~t IIAM~IOCK 14 I.IST ¢)1: I Nf.[~t..\.'-:,'l'i4l.~(."l't~ !Ri! '[ hc clcari~g of II,at porlioi1 ~l' Iht property described bv [~xhibil ":\" as shown by linc prepared by t)anks Engineering. Inc. and dated 4/12/99 which arc included hcrci~ reference. The excavatio~ of lhe proposed wa~er management lakes and Ihe filling ~1' portieres cle;~red area, 'Fl~e construction of all water managemcr~t bcm~s, pcrimcler ditches amd lcrmim~al lkaturcs. 'lhe ms~allatio~ of linc piping ami i~tem~ediate struclurcs inlcrco,mcctm~ thc water management lakes as well as thc discharge structures. 'Ibc ir~s~allati~m oflhe ?Il'course :md its inl?aslructt,'c including, i~ul n~t iimitcd course ~illing. grading and ?:lssillg. its irrigation and drainage sx's~cms, golf cart ami pcdcstr~ paths anti bridges, r~)ck rip-rap ~,nd ~voodcn retaining wails ami rest ]'he conslrt~clJo~l ol'~m inlc'r~al h;~ul road COllSJStJl~g oJ'bol[~ ~11 embankment ~,~d Thc construction oF roadxx ay and subdivisi(m in[?astruclurc improvements at iht J~r~jccl's entrances within thc rights-of-w~y of('ounly Road 951 and .,,:,late Road S4. 'the construction of thc internal h~lul road for l}~e ['roject. 1.6B \\'()l~,N /\t I'I't I()RIZ. ATI()N between thc }*,(~;~r(I ~{' ('~unlv ('~unmiv;hmcrs of ('oilier ('ount.'/, J:Iori({;t, ',t ixflil~c;d sLIbdivisi(m iff' thc ~t;tte of [:{orid~t. hcrcin:'~flcr rcl~'rrcd [~ ~t~ "C()[INT'f" and \\'i]~(m. Miller. l:~arlon & I)cck. inc.. a [:lorida ct)q'~r;tfitm, hereinafter referred lu :ts "J:.N(ilN[:.I:.IC'. \VITN I:.SStiTH: WHI:.Rt':.,~,S. !{N(ilNI':I{R ,..'ntcrcd iill(~ ~tl'~ cn[zinucrinF ;~rccmcn[ d:tlcd .I:mu;ti'y 21, 19~¢7, with and ~hcr i~l'r;~ruclurv ;tml civil-tyl~' l~r~wc~s h~r [l~c l'clic;m B;~v Improvement I)islrict. as (Icfinc(l ",\"ttt~Rt:.,,\S. thc I'dicit:l I'klv lmlm~,.clncnl l)istr'icl ~ls dix'.,tfl',,.:d iuM uiltlcr thc l'l;ul tfl' diss,.flution. (':()[ ;N'I'Y ;iNhumed thc ri~hls :u'ul (fifli,.~ittltms of ;ti1 (:,.u]tr;~clk I',.~r ~,,.:rvicc'.; :u'M m:tlcri;tls t,.i v,'hich tine i'clic:m B:tv IlnprtlvCmCl~,lh l)i~,[T'iC'l '.',;th it [~ztrty: ;ir],.! \VHILI<tI:..,:,5. p,.irxuiu~l I(~ thc ;~.grc,..mcr]l hctv.'ccn I;N(ilNI;ILR :u:d thc I'clic;m Il;v., Imprtlvcmcnl I)iqri,.'t. ('()I!NI'Y ,.vishcs l{~ c'tmtr:tcl v,'ith lsN ~INt:I!I~, to i)rtwirk' cn:zirlccrin,.z' services fl~r r~r~jcct'., ,,,.:tx in7 thc l'clic:m lilt)' itrv;t. N(.}\\'. 'I'}tt:.t.~I:t:()RI:., in ctmsi(k.'r',~titm {if Ibc i)rcmisc'., and thc ilmluitl hcnclils which will accrue to thc pitrlics hcrctt~ in currying t>ut tl~c terms t)l' Ihis Wurk ~M~lh(~riz;tli[m, it is mutually 1. I'R(').I ti( 'T assessments l'{~r J'cli,..'i~n I;;tv .'<,crvlccs I)ivi~,ttm. .";( '( )l'li( )I" Thc I{N(iINI{I{I.~ '-,l~ull t)rr~vi~tc Imll'c',sion:tI scr".icc', in gcn,..'r;fl ;tcct~rd;mcc with tile l'oIlmvi n~ s¢'oi,c: 2.1 t!lxhltc thc I9'-),~ r,.fll tu m,.:Iudc ~,.',.', ,.~',,,ncrx. tJl),..latc thc Ixzr uxfil l'rint Ill;lilill.~ lahcl>, ;md i'~rclimilmr.v m~xc~,>,{m.,ni lcucrx. k.'llcr'x thc rcxullh oi' thc ~lx.'ci~tl asxcs>mx.'nl puhJic hcarm~,x, prepare l:or,.v:trd col))' to PI~Xi) aim t;tx ccdlccmrx tfl'l~cc. 'I'l ~,1I:. (')1: IX:re', 2. ! lhi'~q_'i~ _'2.2 ~i' ti;c :Sca>pc ~t F,..rvk.'c :,.ill h~.' coral)Mod ,.,.'ifl~il~ ~mu hundrc~l eight (I ~()) c';th.'IM;tr d:r,',~ :lficr cx,,.,cution ~1' II!l', \",/orl~ Auth~ri/,:~ti~m hx thu ('()I iN'I'Y cxccl)t l'~u' dch!v', I'~cv~md lilt c'(~l~trt',l ~.d' Iht' I:.,N('iI.NI!IiR 4. t-I':I'~F '1'(.)lqi I'.,\11): Thc li~'(iINI:.I:.R xl];~ll I~c paid f~r hi,, ,,crvicc~, ut th,..' h~urlv rmc,, ~,ho',,,'n in linc C()F, II'I~.N.$?,,Ti()N Y,( 'Itl:l)l II.I.: pru,.'idcd tn Ibc J;mu:trv 21. lUX7 .,\grccmcm hct;','ccn thc I'clic~m Bay Improvement I)ixtrict ;ti~(t t!N('iINILtLP, v, hi,:.'h hux l~ccn ;~cmk:d t'r~)m t~mc tt~ time ,,,.'ill~ :m [tillotlnl. not t(~ cxc'ccd Sj.(){X).(X). v,'ithoul ;4~lX-~,,';d hv tl~c ('(')t[,N"I'Y. J';t\'lllClltS xhMI he ~mt(lc (:()[IN'I'Y IN WI'I'NILNN V','Ht:.RI:.()t:. thc parties hcrctt~ have caused these prcscnl.'4 t~ be cxcculcd lhc BOAP, I) 01: ('()t;N'I'Y ('()MMISSI()NI:.I4S \\'II.S()N. ,\III.I.t!R. IL,\RT()N & Plil~K. IN('. Vice Prc~idcnt MEMORANDUM Date: To: From: Re: May 27, 1999 Micah Massaquoi, Project Manager office of Capital Projects Management Ellie Hoffman, Deputy Clerk Minutes & Records Department Supplemental Agreement ~8 to Consulting Engineering Services Agreement w/Hole, Montes & Associates Enclosed please find two original documents as referenced above, Agenda Item ~16B3, approved by the Board of County Commissioners on May 25, 1999. l'am keeping one original for our records and am forwarding a copy of same to the Finance Department. If you should have any questions, please contact me at: (8406~. Thank you. Enclosures :St :l'f'l .FY. II!NTAI. ,,\GR F.T:.M F.,NT 'FO ¢'C)N,SI ].TIN(] F.N(ilNEERING SE?,\"ICE,S AGREI!MI'~NT I~rojccl Nh. NfL ,q 168 3 TI IlS S[;f'I'LL:..MI!NT..\I-..\G?,EF..XlF. NT. madc a~ld cntcrcd in',o thisc,~_,~? tt t.,,' of L.Li")__,.,:' 1999. by aM hctwccn thc Board of (' it n y Commissioners. Collier Colmty. Florida, a political "suMMsion the Stale of Florida. hereinafter called thc COUNT\'. and Hole. Montes and Associates. Inc. of 715 Tenth Strcct..south. Naplca. Florida 3ai(12. duly authorized to conduct business in the Statc o1' Florida, i~crcinaflcr called the ('ON.SI 'I .T:XNT. \\'ITNESSETlt \VtlEt'UL\%. *~?,e ('r ~1 'X'I h' ;~:~d ¢'C~N.SI.'I.'I':XN'f hcrc~d,'~rc on 21 M;w 1~}91 cnlcrcd inln an x~l~crchx thc ('()[.'X [ '~ rct,~::~cd :he ('~ ~NSi 'l. I'..XN [' to l'~r~id~cd cern:tin consu[ti~3g scr'.'iccq i. ccmncclion wilh TO REVISE AND OR I~XP..XNI) U'ON TIlE SCOPE OF ORIGINAL SEI{VK'ES OF TIlE PROJEC[ SPECIFICAI.LY REI.:XTING TO ADDITIONAl. DESIGN OF STREET LIGHTING ALONG TIlE PROJECT AND TO COMPENSATE -FILE ('ONSI/I.TAXT FOR ADDITIONAL COSTS TO BE INCURRED FOR ,SAID ADDITIOZ'Xi- SERVICES. CONSUI.TANT'S FEE PROPOSAL FOR ADDITION.'XI- SERVICES DATED I9 :XPRII. 19')u IS ATT:NC'lIED :NS [2XIIIBIT"A" AND lS ItEREBY INCORf'ORATED AND XIADE..N FClRMAI I'.XR'F(bFTIIISStT['['I.IiNIENT.'XI. NO.g. NOW '['[1151{[¥{ }141!. Ibc' ('(~l~sull~ng [{n?nccring Services A~,rccment is hereby amended and s,pplcmcnlcd as Ibtlows: I. ('()NSI'L~.-XN I' shall pcrlS~rm service:. Ibc thc design ofslrcct lighdng along thc I'roKcl in accordance ?'..2 5.; ,.\ Nt~ ', ' 5299.756 53 3.3 S..XNo. 2 :S 25.921.62 3.4 S'A No P ::S 35.c)00.d~) 3.5 S..X ~<,~ 4 - S181.945.(10 36 S A No 5 -S 66,76(x00 3.r S A No r~ -: S 4.400.t)0 3.8 S:tNo. 7 - 5 18.220.00 3') This S ..X N,, < S 4c,.(,60.,o ('tli'l?l~l Ct'llt:';t<': 1'CC 582q.54') I 5 5. ('nntr:tct o>~:m!chon: To Int. dctcrlllll~cd bx thc Notice to Proceed. (,. The revised at,il currcm sum o~ntract ar,~ounl ag slated ahovc inch,les costs for overhead, fringc I~cncfils. (~ut-of-pockel expenses, prot]l margin, and all othcr direct and indirect costs and expenses. .. Except as berths' modilScd, amended, or changed, all of thc tcnns and conditions of said original C'onstdting Engineering Ncrviccs ..Xgrccmcnt shall remain in full Force and cffcct. IN WITNESS WI Ii-RI:OF. :he partx'~ hcrctu ha',c c:tu~cd thc~e pr,zscnts tn he executed thc day ',lntl year first Page 1 of 2 Project No. 69101 S/A NO. 8 1.6B 3 .-SS TO 'TILE BOARD O[: COUNTY COMMISSIONERS: ..\S TO FORM AND LEGAL SUFFICIENCY: DAVID C. WEIGE[.. ('OUNT'F ..\T'FORNEY ..\S TO 'r}tF~ CONSULTANT: SIGNED. S[!..\I.E[). ,.\NJ) I'>liI.[VI:.RI.~D IN TIlE PRF. Si!N('I! ()F: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLOglDA ItOLE, MONTES AND ,.\SSOCIA'[F,S, 1NC. \\'alter F. Gilchcr..Ir. SECOND \VI-FN}:.SS INAM[~ \VRI'ITEN~ Roherl I.. ,'vi,ah'ay, Sr. Vice~ President ..VI'TEST~ Ncd E. Dcwhirst. Vice President (COR PORA'I l'~ SEAt STATE OF FI.ORID,.\ ('OUN'I"f OF I.EE Bcforc mc, thc tmdcrsigncd authority, this day personally appeared Robcrt L. Murray and Ned E. Dewhirst. to mc well known and known to me to he Sr. Vice President and Vice President respectively, of the Corporation namcd in thc foregoing Agreement. and they severally acknowledged to and heft,re mc that they cxcculcd said Agrccmcnt on bcha]f of and in thc name of said Co~oration as such officcrs; that thc seal affixed lo said Agreement is tl~c coqmrate seal of said Coqmration and that it was affixed thereto by due and regular Co.orate authorit':': that riley arc dulv authorized by said Coq, oration to execute said Agrecmcnt and Ihat said Agreement is thc free act and deed of said Corpnration. IN WITNESS WI iEREOF. I have herein sot my hand and affixed my official seal this ~;~~ clay og~~ ........... . A.D. 1990. / - . NoraO' Public in and for thc County and Slalc albrcsaid. Xly Commission Expires: , .' / ' -' :'.', / z,.),~In~.. CAROl. Y. NOLA,-, Page 2 of 2 I6B HOLE. MONTES & ASSOCIATES, ItiC, /\pnJ ir). 1999 ~- l)c::r Sir. Ih)lc. Xhmlcs & ..\,,,,crate-. Inc. (ll?~l&.-~) ~s plca-cJ :,, rc~uhmtt t}us prop~,>.a] lo ('oilier ('otmtv (('ountv) Ibr providing prol'c~s~onal engineering hcrv~cc, a~ prepare thc design ,)I' Mi'cci l~ghttng along Immokalcc Road t. and including thc intersection IlM&:\ is provid~ng cosls a;,d scr'x ~ccs ;,.,.,<~; cd x~th '~h:.' str::cl li{.2')llllYg 3...\[)I)ITI()N.Xl, 5, EI.~\I('ES \Vhcn >uch e. ddi!~onal s.c:-~ icc< C:IFi t',c :dcr'illt~t.'d :;1 advance, t tNl..\ ~,~. iii provide :m cstinlillcd l'cc ;.lild I}}'g;llll kvrlttCll :lt:I}iOrl/atlOll Irolll thc ('tlUlllV. S('IIEI)t'I,E ll.M." pr~,poscs h~ c,m4qctc thc task4 dcsc!'ibcd :n lhc Scope of Services ',~tlun eight (8) weeks ~,f rcct..ll)t t~l a ,,vrlth:n I',t?,lcc tu pr~,cccd ,.,. ith a con'~plcIlol'~ ~cl;cdulc. gci,,.r,id} :.is ind{ciltcd below. roadway plan~ for bidthnu. In order to achieve tgat schedule only one wcck of rcv~cw time can be 5. I"EES ANI) ¢'()311'EN:K..XTI()N tlNI.-X pr,,p~-c< :,~ c,,n~plc'.c ~}~c fas'.<'; dcscr:bcd m .%c,,p:.' ,d' 5;cr'cicc~ I'~r' a t,lal p:-(q~nscd Ibc 546.(ff,(). ..X pFujcc~u'd mal:-h~,ur and c,,~t ~ummary(3 pa~cs)~satlachcti wiuch pruvidcsa brcakd~x~n ol'cachproposed:a.k Fcc. All tasks arcproposcdtobclump~umta~ks. In~mccsxt~llbcsuhmntcd caC}l lllOllth end :n an amotlrll proportmnal ,, thc percentage uf actual wurk c,mplclcd during pr,~ccl. It()I.E..~I()N'I'ES & A.NS()('I.-VI'I':S. IN('. .,\tt;ichl~Acnls R..X'J u rr;:y W. (itlchcr 168 I)alc: April .";('()I'E ()1: .%i';l~l\:l(7K.'q I:()R ISISIOKAI,EI'~ R(')AI), PIIASE I1, 1-75 T() C.R. 951 St.'I'I'I,I'L~Ii'~N'I',-\I, ,qEI~VI('I'~S-STi/EET I,I(;II'I'ING PI,,,\NS 'I ho ('(iN.'.;{ i.I.\NI shxil pn:',Mc ::l;:i pcrlk:r:n thc lblluxving i,,rul'c.4sjun;:l sc'trice,.; v.l:icll sh;:ll Thc C'()N'NI 'l. [.\N'l ~,h:t]l i'vci'utrc fin;ti plans and sl'~ccific;.llic, ns. c~sl cslimatcs, hid documcnl.$. :nM coordin;ltc all utility s,,'slcnl :ldjustn~,...nts, fi~r thc con.struclhm of street lighling improvements ;u'xt :q'q'~urtcn;mcc.~. 'I h,.: li,.-4:hting ',,.'ill consist uFcr',nvcntion;~l highway li:jht {mits :it thc R,.V'.' lirlcS ,~I' Immuk:,.Juc Roz~d u, nd as:-'nclzncd intersection lighling ;.it CR. 951 amd [",rukcn ~cction 2. I'..',, ?:, K .q Pursuant to thc (;F.N'I:,RAL SCOI'E (')I' SL'PPI.EMENTAI, SERVI('}~S stated above, thc ('ONSUI.T.-XNI' slulll peril>tm all services and'or work ncccssarv t~) complctc thc fi~llowing tasks(s) and'or provide thc Gllowing items(si. T;:sk 16.¢~0 llldc\ ( )l'f-Sitc Sto;-m Water Improvements (',()1 m hi-I)) ['t/litv ('oordination (x(~ .xr)i)illr;X Street I.iui~tin,, Plans ..5ddilional .Structural )'lans-[tox Railrozid Crossing Dcsisn and Coordin:~tirm ..kdditiorl;i] Pcr'H]ils (X(~ AI)I)~fI~N'AI. ..Xdditional Final [Bidding and Contract DoculllClltS Additional Advisory gcrviccs [)uring Bidding [>osl-i)csign ~cm'viccs (NrYI' I'Sl I)) T.,\.'SK l.O0-1'I;I3l.I(' IN',.'()I.\"~C¥1f(NT Pl/()(;P,A:'X.l (NOT TASK 2.O0-AI)L)ITIO:x'A[, F_NGINFA_:P, IN(i AND LAND 1.6 3 FI(IN .\1. rF,,\SK 3,0()-(75I-~OTF5C11.",'I('..\I, .ql:,i~\'lCl:,g (x ~ ..'~I~r)l rsoN..xl..s~ h:\'t('~ x) 'F,.\.S K 4.(}0- t~N \/R I I.~ O N.NI F. N'I'A I. TASK 5.(}O-OFI:-SITI:_ STORNI \V,,\'I'I='I~. INII'I),OVEMEN'I'S (NOT TASK 6.00-P,P, IDGE PLANS (xo T,.\.";K 7.00-I~(')..\D\V..\Y PI,,,\NS (x().\l)l)l'l I(;',,'AI, Sl.:ft',.'l~'f.:S) 'I'A.'5 K 8.(~0-U'111. ITY (.'O()I~, I')IN,.VI'I( )N f.~ ~.I~Dt I l,' ,x..xl. sl.l<\'It 'hsl TASK 9.00-STP, f'2L:T I.IGItTING PLANS CONSUI,T.,XNT shall be respoi~sibl¢ tbr coordination '..'.'ith thc ;q~plical'~lc utility con~p;mics in order to minimize potential street lightin!.:' construction conflicts. ('¢)NSI;I,'I'ANT shall coordinate with I:P&[_ in order to establish ex~sting points of power scrx'icc, as well as, prot>oscd sec'ice points. Photometric calculations will bo pcrfomqcd in order to ensure unilbrm street lighting. Photometric calculntions will be based on lbo usc Collier Courllv's desired lighting system. The desired street lighting spccilScations will be established bv C'olli'cr County prior to initiation of tl~e design. CONSULTANT wilt prepare basic street lighting plans iH nccordnnce with thc criteria set Ik.~nh by ~hc FDOT, .,\..\Sit'FO and Collier Courtly. Filial pi;ms will bc t~repnrcd which will include thc necessary voltage drop calculations, conduit sizes, and locations, service point details, miscellaneous electrical engineering details, proposed pole sizes and locations and removal ofexisting luminaircs and light poles, tloadwayplanswillbcmodilSedto include slreel lighting references including indexing and sheet nund>crir~g. Thc I 1" x 1 7" .c-Street Lighting Plan Set ',,. ill include: I. Kc,,' Sheet 2. Tabulation ol'Ot~antitics Sheet 3. Pole Detail and l.cgcnd Sheet 4. General Notes Sheet 5. l.ighting and [~lcctrical I.)ct;dls .Sheet Plan Shoots (..qcalc 1"=40'1 168 = Task 9.(~1 Basic Plans (60%) Th,,: CONSUI.TANT shall submit to tile COUNTY Four (4) sets; I I":,: 17" prints of the prcliminar3.' plans For reviuw. Plans ,,,.'ill include: Plan sheet showing poles, luminaircs arm appurtci~anccs. h/ (%pies a£ imcrscction lighting and design. .\ budget L'stimatc of cc;st of conslructii~._, thc sdrct.'t lighting :.d~aJJ N.. included. d) :\ qttanllty estimate shall bo included. I'ask Ih.: ('().",'SL.'I/I'..\NT shall subn/it to tile (.'OL'NT'f Il,ur (4) II "x i-" prints t~t' thc' tin::l street ligMing plans a]ang '.~ith tx~c, (2) sets ~' draft b~d documcms includin~ technical specilicalions. Task ').,~3 Dc,:i,.z'n .x.'otcs aim Comrmta:ions 'Fha CONSUI/['..\NT shall submit design notes aim comnputatit,ns document the design conclusions reached during development of tile construction plaHs. The design notes and computations shall bo recorded in 8 ~z" N 11" computation sheets. Fully titled, numbered, dated, imlexcd and si?cd by tho designer and checker. Comptllcr output Forms and oversized sheets shall bo Folded or othem'isc reduces to S kS" X II" size. Thc data shall bo bound lbr submittal to thc '['~o (2)copies t)f the appropriate design notes and computations shall hc submitted to thc COUNTY at 9r/',i,. When thc plans arc submitted Ibr final review, thc design notes computations, co~cclcd lbr thc COUNTY comments, shall bo resubmitted...Xt thc 100% SlilgC, final scl of thc dcsi? notes and computations, shall bc submitted with thc record scl of'plans and tracinss. Thc ,..tcsi,.z'n notes aim calculations shall imClLIdC, but not bc limited to tile Folh)v,'ing data: I. [)csign criteria used for this prelect. 2. ,Documentation of decisions reached resulting from meetings, telephone conversations, or s~tc visits. Each drawing el'each submittal shall bo si?cd bv thc appropriate prt~l~ssional engineer tbr thc type of work depicted on thc drawings. Each SCl Of [)]ails and each page o1' thc design computations and quantity cumpulation shall be signed ami checked by thc appropriate design professional in accordance with Florida Dq, artmcnt Transportation's Roadway Plan Prcparalion Manual, Chapter 30. lSB 'Ibc C()NSt;I.TANT shall COIR]LlCt plL,'ll pro?esS mcdin~s with thc COI;NT'f at andgtr'1, suim~ittats. [{achpro~rcssmuutingshatlbcavcrbalprcscntationsupplcmcmcd 'I'..\SK IU.00-..',.DI)ITI()NA[. F, TRI '('I't.:RAi. ,,',, [ )~,~I'I ~( ,r','A [. SERVI( '[!S ) PI...\NS-I;()X ('I'I.\'t{RT I{XI'I{N.$1¢)N (7,,) 'I'A.$ K Il .r~r ~-..\[)I)ITIONA I. SIGNIN('; .-\N[) P..k",'I!.M I{ NT NI..XR. KIN(; I'I.A N.'-;: SI( ;N.,\I.IZA I'1().".,' I',~ .,,i>I~I ii, ,x.\! ,~, !'.\ tt I s I TASK 12.~;q-P, AII.P, OAI)('P,()5,;.glXrl i)l:.:'ii( ix,. ..\NJ)('()¢)RI)IXA fir).',, T,\."iK 1.1 ',~1-..\1)[)I I I().N..\I. I"I>,'AI. l;ll)l)lXtl ..\NI) ('()NTI.~..\( I l)l)('l \II'.\ I 5; tile final ~,Irct.'t ]ightin'_z pi:ms ha',u bccn appr,a',::d by thc (7 il NIY. ,~ final ',ct ,~I' tqdding COl]ll';lCt documents ',~ill be prcp:n'cd for thc construchon (~f thc illlpro~ vlllclll. '['his task v, itt includv linc lblk~ ~n~: and t(nginc,..'r Task 14Jt2 Final sit:nih- and markinu, siunalization at plans, stul~lllarv of (lUantitics. and Engineer's ()pirmm of t'rohahlc ( '\instruction '[';:sk 5;r~ccial pm,.'isions a;:d other appropriate conlract d~cumcnts liar inc, rp~ra;in~ :h~' rcuuirumznls of Iht ['lot\ia l)cpartmcnt ~d' l'r;:nsporl;~i~m, l'5 .'~rmv (',,ps uf t{nuinecrs. [)qxu'tmcnl of hid documents. Tusk 14 / 4 ('ompldc plans ami contract documents ready ibr ifid including all general conditions, all al'~provcd permits, and other rllatcrial ;.is may bc required. l'usk l'rovidc thc ('t)l 'NT'F with one I1) set of *~gncd and sc;fled contract n~vlar (reproducible) l>];ms and cmo (I) scl of rcpr(Mucit>lo Technical %pcciflcationsibrCOUNTY bidding. All tlnalpIanstobc full sizeon 24- X F6" sheets. 'l't~e COUNTY will produce plan sets ami contracl documeilt bouklds For distrlt~ulion durin~ biddinu. Tusk Final street lighting plans, a quantity computatior~ booktcl and sunmmry of qt~imtilics and Engineer's Opinion of I'rob:flqc Construction Cost. C'ompldc pi:ms and c()ntracl documents ready Ibr hid including special provisions, general conditions and full size lSnal plans on 24" x 3C' mylar sheets. Provide thc C()[;NTY with one (I1 set of signed and scaled contract documents for th< ('OUNTY records. 1.6B 3" TASK 15.00-AI_)DI'FIO.N'.,xL .,\[)V ISOR'Y S [:.RVICES DURING BIDDING ,,\l'tcr approval of co~;struclioi1 plans and bidding docun'mnts I)y tile ('OUNTY, CONSUI.T.,\NT shall p:zrform tile tbllowinu services: Task ..\ttci~d and participate with tile COUNT\' in scheduling aim presenting a Pre-Bid ('oil f'crcncc. Task 15.1)2 P, cspond t{'~ Biddcrs' inqu.irics aim prcparc ad(Ici:da I'~r i:;suatmc b;, thc ('OUXT'F. TASK I Ci.Oc)-PO.C';T-DF_.$IGN SEP, VI('F,S (NOT IjSED) .,\ S('¢)PE ..\NJ) I:['2[! .\I.,\T B[:, N[!(iC)TI,,\'['I!D I.",h' 'I'[llJ C{')[,;N'I"Y :\NI) 'l'llti ('ONS[,;LT..kNT ..\T 'I'ftE ('O.',II'I.t!TI()N OF TIIF. I)F, SI(;N I'tl.;\SIZ I'I~,I()R T() COMML:NCEMENT OF CONSTRUCTION, CONSULTANT .'-;ll,,\l.I. PREI'/kRI.; TIlE SCOPE OF St':RVICES [:OR THIS TASK. IF IT IS THE COUNT'F'S IN'FEN'I' TO It,,\VE TIlE CONSU[,T.-\NT PERFORM CONSTRUCTION PIt,,XSE ENGINI:.F.P,I:CG .q;I!P,\'ICF..<,. 16B ,7 ISLANi)WALK STORMXVATEI/MANAGEMENT AGREEMENT Tt lis ISI.ANDWALK STORMWATt'iR MANAGEMENT AC;REI:iMI£NT ("Agreement") s entered into by and between the SUNCO BUILDING CORPOIIATION. a Florida corporation. whose mailing address is 4500 PGA Blvd.. Suite 400. Pahn Beach (Jardens. Florida 33418. ISLANI)WALK I)EVELOPMENT COMPANY, a Florida corporation (hereinafter collectively rc I~rred to as "l)cvclopcr"). whose address is 6()05 Vanderbilt Beach Road. Naples. Florida 34119 and C()IA~IER COUNTY, FLOIIIi)A ("County"). a political subdivision of the State of [:lorida. whose mailing address is Administration Building. 3301 East Tamiami Trail. Naples, l"lorida. 34112. this~day o~V .1999. I WITNESSETil: WHEREAS. lslandWalk Planned Unit Development is a new development, to be built by Developer. on real property which encompasses certain real propcmy, k~lowi1 as thc I larvcy llrothers I:arm located in thc l larvev Basin: and WHERtiAS. the I [arvey Basin is a lbur square-mile area. bounded on the cast by CR-951. tm the north by C'I{-846. t>~l thc south by Vanderbilt Beach Rond Extension. and on the wesl by IJnits % and 97 of Golden Gate Estates in Collier County. Florida; and XVt II,RIskS. present stormwatcr drainage in thc 1 larvey Basin occurs bv means ol'overland sheetllow, generally t?om the m, rthcast to thc southwest, and is inhibited by thc existence oF lhrm ditches and dikes through nnd around thc [[arvcv Bros. Farm: and WHERI.iAS. recent land developments, which include two school silos together with thc llcritagc Greens l~la:mcd Unit Development. along thc south side of ('R-846. discharge north. -I. March I(~. 19t;'9 through culverts uMcr (.:R-R46 into Ibc ('ocohatchcc (~anal and. thereby, such ol'lLsitc stormwatcr discharge is directed through a watershed boundary bio thc adjacent drainage hasin: and Wt II,ILl,AS. duc to thc hightail water dcvalions in thc Cocohatchcc [.'anal. abng thc north side oI'(~R-R46, during the 19¢)5 "Raim' Season". stormwater drainage lhrough thc (7R-846 culverts backed up and llo~dcd developments s~uth of('R-R46: and WIII~RI{.XS. presently lhe undeveloped Seclions 27 and 34. ahmp ~hc caslcrn side ~l'thc t l~trx'cx' I~asin endure an inadequate s[~rmwatcr outl~dl, detrimental t~ thc public's hc~llh, salary crud -cll~rc. and ~hcrchv. arc i~ immediate nccd ol'a st¢~rm~'alcr drain;~c xvslcm designed t~ pr~Mdc Xk'i{I<Rl~..X%. at ultimate buiId-m~k Ibc lslandXValk Stormwaicr N. bna~cmcnt I~lan shall provide a st~)rmwaicr drainauc l]ow ibr the l {arvuv I~asin. {~om thc north and thc ctisi, to hc accepted into and routed throuuh thc internal systems of lakes trod drainauc improvements planned I~r {slandWztlk t)cvdqm~cnt: and nccd ol'a new st()rm-'L~tcr drainage system to protect thc public's health, salbty, and wcllktrc rclicl': and WI t[{ILt{..XS, in order Ik)r [lie lsbndkValk Stormxvz~tcr Manascmcn( Plan l~ prm'idc drainage purimctcr al'thc Island~,Valk Development. thc [)cvcbpcr wilt bc required u~ incur ~tdclitional c~sts lbr design and constructiun ol'btcrim outl~dl ditches, and JUt conncc~in~ piping, and lbr ovcrsizin~ S{FUCIUFC: alld project's internal .~urt'acc -atcr m. anaLzcmcnt ~;vxtcm incluclinL:, thc outl'all 16B 7"': \VI IF. RF.:\S. development of Island\Valk. together with thc IslamtWalk Storm~vatcr Management Plan. shall l~c pJlilscd over Sever:Il vt/IrS ~hich shall, in tt~c meantime, allow 1 larvcv Bros. Farm to continue I~trmii~g those portions of'file property not under aCltlal construction: and WI IERI(AS. thc continual agricuhural operation of the su~icct pr,~pcrly Farms l~fils to provide thc level of required drainage relicl'now demanded b~ nc~¥ dcvelopmcms in thc l~asin, including tl~c two scho~d si~cs, in order Io prevent I'urlhcr flooding: and kVi IILRISNS. it is in Ibc public's best inlcrcsl that an "interim" stornINvatcF drainage plan bc provided to meet the presenl and IN~ture stormwater drainage needs described andre: and WI IERIL. NN. l)cvclopcr and County are desirous oFentering into this Agreement to provide Ibr l)cvchq)cr's design and conslrtlclion o1' an "interim" slOmlWalcr drainage system and Ibr thc design, construction alld ovcrsizing of permanent improvements to provide drainage ll~w properties within d~o I tarvcv Basin. the cost ot'~Nhich shall initially bo horn by I)cveloper but shall be reimbursed in part by (7ountv as Further scl lbrd~ bclok~. NO,V, 'I'IIEREFORE, IN CONSII)ERATIO~ ()F Tile AiI{)VE llEI'i{ESI.iN'I'..kTIO~'S AND OF TIlE .I()INT .AND M UI'UAI. C()VENANTS C()NTAINi.]I) llEREIN, AND IN FURTtlER C(}NSII)EitATION OF'FIlE BEN'EFITS T(} FI.()W I:ROM ONE TO TIlE ()'I'iIER, TIIE I'ARTIES IIEl/ETO ..k(iliKE 'I'() lie IIOIl~'l} IIY TIlE TEI~MS AND ('()Nl}ll'l()NS AS SET FORTI! IIERI.ilN: 1. ..Nu~horitv. I)cvch~pcr hah l'ull right, title, intorest, authority and power to execute this Agreement. to be bound bv its terms and c,mclitions, and to further dcIivcr this AgFccmcnt. pursuant to the terms and conditions as scl lbrth herein, to ('ounlv. Developer is the Ibc simple litlu holder M;irch It,. 16 or contract purchaser of thc real pm?crty located ~n Nccfioms 33 anti 3~. ~l'~MN. R26E description and property tblio number xvllich is furlhcr set lbrth on l~xhihi~ ,,X a~mchcd). 2, IshmdWalk Stormwalcr Management Plan. Thc fshmdWalk ~t~rmwatcr Management Plan ("Master Phm' ). has been cicsi?cd by I)cvclopcr and reviewed and approved by Nouth I:lorida Water Management J)istrict ("SI:WMI)") and County. ~vllJch Maslcr Plan provides lk~r an inlcrnal surlhcc water management system fi)r IslandWalk l)cvclopmcnt and a clraind~c outlhll slrtlclurc tmtlhlt ditch, designed to accmnmodatc thc ~d'l~silc Ilo~vs as shox~n (m ['~xhihil l~-I'agc 1. ',~mmchcd. 'I'hc maximum acrca~c~ and tl~c peak discharge per acre resulting, l?om JJ~c _. ~ q-)'c,Jr,' 3-day slm'm discharuinu I'r()m ol'l'-sitc into thc IshmdWalk l)cx clopmcnt is I o~. , ~ . .a_~.., ~:crc~ '.md 0.055 cl~ per ;~crc. respectively. I)cvch~pcr shall provide I~[~ccn I~,t,t ~vidc drainage casements; ;md connecting piping and appurtenant improvements I'rom IslundWalk's internal surl)cc water management system h> thc connection p{fints as iljustrated by thc attached I':xhibit ICl'ages I. 2. :md x {MrtlCltlrc ]ltlIBbCrS 209.A. S-260. S- 100. S-99 and S-99A ) with thc spcci tic al ignmcnls dclcrmincd solely by l)cvclopcr. '['hc design, permitting and construction of ol'lLsilc drainage lhcilitics Io these c{mncction including ol'f2sitc comrol structures, shall bc thc responsibility ~,1'(' mntx. 3. Interim Stormxvatcr Draimmc. l)cvclopcr has granted ami ('ountv has acccplcd thc temporary drainage casements attached hereto as (_'ompositc Exhibit "( '" l':~gcs I and 2 lo serve off'- site properties pri(~r to thc development of those portim~s of lslandWalk l)cuclopmcnt which shall bc ncccssarv to accomnmdatc olT-silc sh~rmxvalcr l]m~ s. Ihc tcmporury cascmcms shall bc thc c~mslruction and implementation t~l' "interim" dr:tic,aMc dilchcs [tmnin~ ahmg Iht m~rth. and west sides and timmgh a p~rtion of'thc IslandWalk l)cvcl,lm~Cnt (Suction 33) at thc locations shown on Exhibit "C" - Page I. Thc "imcrim" st{~rmwatcrdrainagc ditches which hax'c 168 ? designed and pcrnlittcd by I)cvclopcr and approved by County shall bc constructed concurrently with thc first phase of thc lslandWalk l)cvclopmcm. Said temporary casclllc~lts shall bc vacated by tile (~otllltv and ~hc "interim' stormwatcr drainage ditches removed by Developer upon completion of thc relevant portions of lslandWalk l)cvclopment's internal surlhce water management system into which thc oflLsitc improvements shall be connected. 4. l'crmhs. Developer has obtained an 15wironmental Resource Permit ("IiRP"} thm~ %FWMD t¢~ construct ami opcralc Master Plan improvements and thc "interim" storm,,vatcr drainage ditch. A copy of thc IfRP is attached as l!xhibit "I)". lh~th Developer and County agree to comply with thc ERP conditions and other applicable regulations from regulatory agencies having appropriate jurisdiction. 5. ('.sts. l)cvclopcrshall boar thc initial financial responsibility Ibrlhedcsignand construction of Ibc "interim" smrmkva[cr drainage ditches. Thcrctbrc. l)cvcloper agrees to pay thc costs of design, permitting, construction of'a/id removal of the "interim" ditches. County, however. agrees to reimburse Developer Ibr the reasonable actual costs, certified by the Engineer of Record in accordance with %cction 2.22I} of ~hc lslandWalk PIJD documcm, of design, pcrmilting, construction mid rclllox al oI' thc "intcrin~" storm~tatcr drainage ditches, l'hc cstilllaio cosl ~[' lilt "interim" smrmwatcr drainage ditches is lSghty-onc 'I'housand Novon I lundrcd Three l).llars and no/100 (581.703.00L Developer shall also bear thc initial iinancial responsibility lbr design and construction ofconnocting piping and ovcrsizing of internal components oflslandWalk's permanent Master Plan as shown in 15xhibit "B". Ihcrelbrc. Developer agrees to pay thc costs of design. permitting and construction ,f thc connecting piping and t~versized Master Plan components. The estimated cost of the connecting piping and oversized Master Plan components is ()nc I lumh'cd Thimv-thrcc Thousand Four t lundrcd Ninctv-lbur Dollars and no/100 ($133.494.00). As provided in Section 2.22B of thc IslandWalk PUD Ordinance. County shall reimburse Developer lbr thc cost of thc appraised xaluc of any property utilized and Ibr thc actual cost of thc connecting piping and lhe estimated additional cost of tl~e ovcrsizing of components of IslandWalk's permanent Master Plan. All actual costs to bc reimbursed bv the County shall bc certified bv Developer's cnginccr. County shall reimburse l)evclopcr lbr 72% of the total actual cost of lbo improvcmcnls as ccrlilicd by Ibc Engineer of Record. The l)cvcloper is waiving Ibc right to reimbursement from Iht ('ountv lbr thc lifir market value of the temporary easement described in Exhibit "1~". Thc appraised value ofthe permanent easement described in Exhibit "F" is Two t tundrcd Twenty-seven Thousand Seven I lundred Eighty-lbur Dollars and no/100 (5227.784.00). Developer agrees to convey to Q'ot~nlv thc Wntcr Management casement identitied in Exhibit "F" subject to payment of thc thir market value. County shall be responsible {br all costs of convevanccs. Thc costs shall bc spread over lbur (4) years per Cost Summary Table Exhibh "(;". 6. Vanderbilt Beach Road Drainage Swale. IJpon compIction of construction of thc "interim" stormwater drainage ditches, Q'otmty agrees that the l)cvelopcr may, al its ~ption, Iili thal portion of l}~c existing Vanclcrbilt Beach Road I)rainage %wale located within and/or adjitcc~lt I~ Section 33, provided that, l)cvelopcr shall be responsible lbr providing thc required water management inl?astructure and lbr designing its Master Plan to accept runoff l?om thc roadway section, lbr that portion of Vandcrbilt Beach Road. adjacent to Ncction 33 inlo IslandWalk Development. in accordance with thc albrcmcntioncd I(RP from SI:WNII).. March Itl. I(t(t~ 7. Water q)uality and Ouamitv. It is anticipated that within thc t tarvc.v Ig;min. parcels oflands will be dcvclopcd that xvill discharge stormwatcr to drainage works to be conslruclcd by thc County in accordance with thc t larvcv Basin Ntom~watcr Master Plan. Said C'ountv operated drainage works will discharge stormxvatcr through thc IslandWalk water management order to protccl thc water resources of lslandWalk, thc County and SFWNI1) shall rcgutatc thc design, permitting, construction, and operation of I ). new and/or proposed dcxclt~pmcnts a~d 2). drainage works l[lat arc part of thc [larvcv I~asin Stormwalcr Master I'km. to ensure thal water quality and quantity criteria, as set Ik~rlh by SI'WMI) and FI)I(['. arc met prior lo st~rmwalcr discharsc to thc IslandWalk xvatcr rmmagcmcm xx'stcm. Water quamit} discharging tt~ ~hc [slandWalk water management system l?om thc I larvcv lgasin shall bc limited to a total off 1.R25 acres discharging at a maximum rate o1'0.055 cubic Ibct per second per acre lk~r the 25-year. 3-day storm eVelqt. g. Maintenance oFDraimmc liascmcnts by County. County. at its sole cost. shall operate and maintain thc ol'lksitc drainage works under ('ountv control xxhich arc c~mncctcd or othcrxvisc convey runoff to easements in lslandWalk, and C'ounty agrees to comply with all SFWMI) alld Florida Department of [:~nvironmental Protection rules and with IslandWa]k's liRP co~ldili~ms. particularly, gpccial Conditions 4.5.6. 1(1 and 11 and (;encral ('~mditi~,ns ~ and 14 and should violation to thc satislhction of thc agent3 having )urisdiction. O. Notices. All notices to I)evclopcr shall bc in writing and sent by registered, ccrtillcd mail to: Sunco Building Corporation. 4500 P(}.,X Blvd.. Suito 400. Palm Beach (}ardcns. Florida 33418 and IslandWalk I)cvclopmcnt ('ompan). 6005 Vanderbih Beach [~oad. Naples. Florida 34119. ,,Nil notices to (J'otmntv shall ho in xxriling and scnl [)epam~cnt. 3301 l(ast Tamian~i Trail. Building 11.3rd Floor. Naples. {:lorida 34112. -7- March I~,. ~'>'*'~ 7 lO. Xo Partnership. Nothin~ hcrcincontaincdcancrcatc~rbcconstrucdaxcrcatin~a parmcrship bom'cch ~l~c l)cvclopcr and County or to constitu[c thc l)cvctopcr as an a~cnt of ~hc County. This Agreement shall be administered on hd~alfofCountv by the Ntormwmcr Management Department. It. ('mnponcnt Parts of this Aurccmcnl. This Agreement consisls ,~f the attached components, all o1' which arc as I'ullv a part hi' this Agreement as if herein set ~t~l verbatim I!xhihit .,\ Iix}tiNt I?,-I through B-3 l':xhibit C-I through (_-_ fixhihit I) I{xhihit I{ I!×hibit [: Exhibit Island\\"alk legal description lslandWalk \Vatcr Management I'lan IslandWalk Interim I)itch Plan South Florida Water Nlanagcmcnt l)istrict [Swironmcrlta[ Resource I'crmit l.cga] description lbr temporary water management I.cgal description tbr pcrmrlnCnl xvatcr management casements Cost Summary - Yearly l~rcakdown 12. Modifications. This Agreement constitutes the entire c~mtract and undcrslanding between thc parties hereto, and it shall not be considered modified, altered, changed or amended, in any respect unless documented in writing and signed by thc parties hcrcm and authorized by thc Resolution ol' thc Board of County ('umn~issioncrs of Col!itt ('ounty. Florida. 13. Eflbctivc l)atc. This Agreement shall become eflk'ctivc kvhcn executed by thc parties and approved by thc Board ofC'ountv Cmnmissioncrs of('ollier County. Ft~)rida. IN WITNESS WllERE()F. l)cvclupcr and ('ounty. hax'c each respectively, bv their authurizcd person or agcfll, herein set fl~cir Jlalqd~ alld seals Oll thc date aild \car first ahovc kvrillcn. -8- SIGNI'~I). ,";I!AI.I'~I) ANI) I)I!I.IVI!Rlil) IN 'Fl I[': I'R[':SI':N(:t': ( )F: SUNCO BUIIA)IN(; ('()I~,I)()I~,ATI()N. Florida C't~rporation ~ ~ y : , " -" ,z,. ,/,'> Al" ;' / S'I'ATI-: OI-' l"l.()l,[II),,\ COUN'I"F ()t.' '['hc I'orcgoing Stormv,'atcr .X'lanagcmcnt ,.\L2recmcnt was acknox,.'Icdgcd before mc this 16th day o1' March. 1999. bv Corporation. ti Florida corporation. Signntur~ Nlichacl I). Rosen as Vicc President rtl' .'<,unto BuildinEi lie is personally known to mc. , ' Eliz~abcth M. Dillingham Printed Name of Notary Public 5.1;1I,.:11 1.68 S'FATF. OF FI.ORIDA COUNTY OF COI.I.II!R The lbrcgoing Slormwatcr Management Agreement was acknowledged before mc this 16'" da',' of March. 1999. by Michael I). Rosen as Vice President on behalf of [sland\Valk Development (:ornpany. a Florida corporation, l lc is personally knoxxn to mc. · 7 ' .-- ~ . ' --- / S~gnat~re ol Notar?' tubhc F. lizabeth M. l)illin~ham Printed Name of Notary Public ,.A..'i~TE ST: ,,;,DWlGtiT F.. J.~RoxCK.'; (_,'lcrk ~ £ " ,:; l)eputvCIcrk · .=l ! )'... Approved as to form and I¢lzal sufli¢icnc}:,,,, / ~/'V//iA ::i;t:~ t ~ou nty ,,\ttorney BO.,\RI) OF COUNTY (7()MMISSI()NI:iRS ()F C~Lt~iER COUNTY~ P:'\MI!I.A S. M.,\("KII':. Chairwoman (i '.ur, ers llE'I 5¥ '¢~'1'~1 SI:N( f~ I)R.,MN..\fi.MRI V ~*pd -10- March I(~. I 1.6B t'~XHIBIT LEGAL DESCRIPTION All of Section 33. Township 48; South, Range 26 East, Collier County, Florida AND 'File Southwest 1/4 of tile Southwest 1/4 of Section 34. Township 48 South, Range 26 East, subject lo an casement for public road right-of-way over and across tile \Vest 30 feet thereof and tile South 30 feet thereof, AND The South I/2 of the Northwest 14 of tile Southwest 1/4 of Section 34, Township 48 South, Range 26 East, Collier County, Florida, and subject to an easement for public road right-of-xvay over and across the West I 0 feet thereof, AND The North 1/2 of tile Northwest I/4 of tile Southwest 1/4 of Section 34, Township 48 South, Range 26 East, Collier County, Florida, and subject to an easement for public road right-of-way over and across tile Norlh 30 feet thereofand the West 30 feet thereof. LESS AND EXCEPT: The following described property situate, lying and being in Collier County, Florida. The South 170 feet of Section 33, Township 48 South, Range 26 East, and tile Soutll 145 feet of Section 34, Township 48 South, Range 26 F_,ast, by .Order of Taking, Case No. 86-1456-CA-01- I-IDIt, recorded in OR. Book 1215, page 1662. 0~r~gas. w.u u0~t.rx)c Exhibit A Itl Exhibit B-1 Exhibit B-2 il Exhibit B-3 16B I I 16 g Exhibit C-2 PERH Il-TEE. E~120~iMTENTAi.... ILFJ~SOUT'LCE ?ERj¥I]'T NO. ! Io01507-P EXHIBIT HARVEY BROTHERS FARMS. (ISLANDWALK) 90 LOGAN BLVD. NORTIf. NAPLES FL 34109 PROJECT DESCRIPTION. INC. - D DATE ISSUED: JULY 10, 199i CONCEPTUAL APPROVAL OF A SURFACE WATER HANAGEttENT SYSTEtt TO SERVE A 704.7 ACRE RESIDENTIAL DEVELOPHENT DISCtiARGING TO THE 1-75 CANAL VIA THE VANDERBILT BEACH ROAD DJTCfl AND AUTHORIZATION FOR CONSTRUCTION AND OPERATION OF A SURFACE WATER HANAGEHENT SYSTEM SERVING 649 8 ACRES OF TltE 704 7 ACRE RESIDENTIAL SITE. ' ' PROJECT LOCATION: COLLIER COUNTY SECTION: 33.34 TWP: 48S RGE' 26E · nd ~eCtlon, t0~.~.]$1(1}' (ll, and (4J, P.A.C. SPECML ~D GENE~L CONDITIONS ~(g ~ FOLLOWS- SEE PAGES ~-4 OF 7 - 18 SPECIAL CONDITIONS. SEE PAGES 5-7 OF 7 19 GE~E~L COnDiTiONS. FILED N/TH THE CI. ERK OF THE SOUTH SOUTH FI. OR[DA WATER t~ANAGEMENT FLORIDA WATER. MANAGEHEt~T DISTRICT DISTRfCT BY ITS. GOVERNING 0N Or,~,nal si~n~ by BY i8H"ed by: TONY mU NS PAGE I OF 7 Exhibit D Exhibit 'E' 7 Description of part of Section 33, Township 48 South, Range 26 East, Colller Count>,, Florida. (Temporary Drainage Easement #1) All that part of Scction 33, Township 48 South, Range 26 East, Collier County, Florida being more particularly described as follows; COMMENCING at the southwest comer of said semion 33; thence along the west line of said Section 33, North 01023'36'' West 170.13 feet to a point on the north right of way line of Vanderbilt Beach Road (C.R. 862); ',hence continue along said west line North 01023'36'' West 2587.71 feet; thence leaving said west line South 89°07'32'' East 54.04 feet to the POINT OF BEGINNING of the easement herein described; thence continue South 89°07'32'' East 2914.97 feet; thence South 00°46'.57'' ,,Vest 1404.85 feet; thence South 06°30'53'' East 444.52 feet; thence South 03o07'54" West 277.90 feet; thence southerly, southeasterly and easterly, 461..1 $ feet along the arc ora circular curve concave northeasterly, having a radius 286.50 feet, through a central angle of92°13'48" and being subtended by a chord which bears South 42°59'01" East 412.98 Feet; thence South 89°05'55" East 38.62 feet; thence South 47046'33" East 114.3 1 feet; thence South 00054'05TM West 90.00 feet to a point on the north right ofway line of Vanderbilt Beach Road (C.R. 862); thence along said line North 89005'55'' West 33.94 feet; thence leaving said line North 47046'33" West 114.36 feet; thence North 89005'55'' West 5.16 feet; thence westerly, northwesterly and northerly, 605.25 feet along the arc ora circular curve concave northeasterly, having a radius 376.00 feet, through a central angle of 92°13'4g'' and being subtended by a chord which bears North 42°59'01'' West 541.99 feet; thence North 03007'54" East 270.78 feet; thence North 06°30'53" West 442.67 feet; thence North 00046'57'' East 1320.66 feet; thence North 89°07'32" Wost 2767.51 feet; thence North 01023'36'' West 90.14 feet to the POINT OF BEGINNING of the easement herein described. Exhibit E 16 7 Description of part of Section 33, Township 48 South, Range 26 East, Collier County, Florida. (Temporary Drainage Easement #1) Continued: Subject to easements and restrictions of record. Bearings are assumed and based on the west line ofsaid Section 33 being North 01023'36'' West. WILSON, MILLER, BARTON & PEEK, INC. Jt~"eptr~ S. ~:~ggs,. Professional Sur~& Mapper Fk~da R~gistration No. 3516 Not valid unless embossed with the Professional's seal. W.O.: N-0772-011-001-PSCAL REF.: 4L-1401 DATE: May2, 1997 Revised May 16, 1997 Revised June 4, 1997 Revised June 13, 1997 page2 of 2 7 Description of part of Section 33, Township 48 South, Range 26 East, Collier County, Florida. (Temporary Drainage Easement i;2) All that part of Section 33, Township 48 South, Range 26 East, Collier County, Florida being more particularly described as follows; COMMENCING at the southwest comer of said section 33; thence along the west line of said Section 33, North 01°23'36" \Vest 170.13 feet to a point on thc north right of way line of Vanderbilt Beach Road (C.D. 862); thence continue along said west line North 01°23'36" West 2587.71 feet to the POINT OF BEGINN'ING of the easement herein described; thence continue North 01°23'36'' West 2587.71 feet to the northwest corner of.said Section 33; thence thence thence thence thence thence thence thence thence thence thence thence thence thence thence thence along the north line of said Section 33, South 89°08'26" East 2644.18 feet; continue along said line South 89°09'08'' East 10,:9.34 feet; lea,,dng said line South 24012'06" West 13.32 feet: South 50°22'51" East 308.76 feet; 99.00 feet; South 81 °26'41" East North 82°51'23'' East 29.59 feet; North 83°52'43'' East 35.96 feet; North 70°50' 12" East 49.94 feet; North 55°26'15" East 73.74 feet; North 29°49'49" East 57.40 feet; North 18°51'09'' East 23.75 feet; Norlh 71°10'15" East 23.17 feet; North 88°37'28'' East 39.0,5 feet; North 87°06'49" East 69.76 feet; North 63o02'07" East 59.90 feet: North 43°48'58'' East 49.13 feet to a point on the north line of said Section 33; thence along said line South 89009'08'' East 834.91 feet to the nor~}:east corner of said Section 33; thence along the east line ofsaid Section 33 South 01o25'50" East 60.05 feet; thence leaving said line North 89°09'08'' \Vest 864 93 feet; thence South 63002'07'' West 58.97 fee~; thence South $7°06'49" \Vest 75.20 feet; thence South 88°37'28'' West 32.~3 feet; thence westerly and southv,'esterly, 10.26 fcct along the arc ora circular curw'c concave to the southeast, having a radius of 1000 feet, through a central angle of 58"47'39" and being subtended by a chord which bears South 59°13'39" \Vest 9.82 feet; , ..... , ...... ...... , ................. Page I of 2 Exhibit E (/I I_SON ?4,. M ILI_F Description of part of Section 33, Township 48 South, Range 26 East, Collier County, Florida (Temporary Drainage Easement I12) Continued: 16B 7 thence South 29049'49'' West 77.88 feet; thence South 55°26'15" West 82.44 feet; thence South 70050, 12" \Vest 55.93 feet; thence South 83052'43" XVcst 38.49 feet; thence South 82°51'2Y' West 32.69 feet; thence North 81°26'41" West 108.98 feet; thence North 50°22'51" West 269.02 feet; thence North 89°09'08" West 1065.22 feet; thence Nor% 89008'26" \Vest 2562.51 feet; thence South 41°18'41'' West 44.61 feet; thence South 01°2'3'36'' East 2493.70 feet; thence North 89o07'32" \Vest 49.04 feet to a point on thc v,'est line ofsaid Section 33 and thc POINrT OF BEGINNING of the easement herein described. Subject to easements and restrictions of record. Bearings are assumed and based on the west line of said Section 33 being North 01o23'36" West. WILSON, MLLLER, BARTON & PEEK, INC. Iq,~da R~'gistration No. 3516 Not valid unless embossed 'Mth the Professional's se~. W.O,: N-0772-011-001-PSCAL REF.: 4L-1401 DATE: May 2, 1997 Revised May 16, 1997 Revised May 23, 1997 Rev/sed June 4, 1997 Revised June 13, 1997 Page 2 of 2 Exhibit E Exhibit E Description of part of Section 33 and part of the west I/2 of the southwest 1/4 of Section 34, Township 48 South, Range 26 East, Collier County, Florida. (Temporars,' Drainage Easement g3) All that part of Section 33 and part of the west 1/2 of the southwest 1/4 of Section 34, Township 48 South, Range 26 East, Collier County, Florida being more particularly described as follows; COMMENCING at tile southwest comer of said section 33; thence along tile :','cst line of said Section 33, North 01o23'36'' West 170.13 feet to a point on the north right of way line of Vanderbilt I?,cach Road (C.R. 862); thence along said north right of way linc South 89°06'49'' East 1328.72 feet; thence continue South 89006'26" East 1322.86 feet; thence continue South 89o05'55.' East 620.01 feet to the POINT OF BEGINNING of thc casement herein described; thence leaving said line North 00°54'05'' East 60.00 feet; thence South 89°05'55'' East 2065.62 feet; thence South 01025'50" East 85.08 fcct to a point on thc north right ofway line of Vandcrbilt Beach Road (C.R. 862); thence along said linc in the follov,'ing Three (3) dc:icribcd courses; 1. North 89°05'I0'' West 50.04 feet to a point on the east line of said Section 33; 2. along said line North 01°25'50'' \\'est 25.02 feet{ 3. leaving said line North 89005'55" West 2018.02 feet to the POINT OF BEGINNING of thc casement herein described. Subject to easements and restrictions of record. Bearings arc assumed and based on thc ,.,,'cst linc of said Section 33 being North 01 °23'36" \\/cst. Prepared by' WILSON, MILl. ER, BAR'I'ON & PEEK. INC. Marcus L. Bemoan, Professional Surveyor & Mapper Florida f.legistration No. 5086 Not valid unless embossed with thc Profcssionnl's :;cal. W.O.: N-0772-011-00 I-PSCAI, REF.: 4I.-1401 DA'FE: ,".la5 2, 1997. REVISED May 6, 1997. REVISE[) Jun'.: 4. 1997. 7 t ': Exhibit "F" 7 Exhibit F Description of part of Sections 33 and 34, Township 48 South, P, ange 26 East, Collier Count,'.', Florida. (Drainage Easement) All that part of Sections 33 and 34. To:vnship 48 South, Range 26 East, Collier County, Florida being more particularly' described as follows: COMMENCING at the southwest corner of .said section 33; thence along the west line of said Section 33, North 02°11'37" \\'est 170.13 feet to a point on tile north right of way linc of Vandc. rbilt Beach Road (C.R. 862) and tile POINT OF BEGINNING of the easement herein described', thence continue along said ,,,.'est line North 02°11'37" West 2587.71 feet; leaving said ,.,,'cst line South 89°55'32" East 54.04 feet; East 115.3l feet; thence thence thence thence thence thence thence thence thence thence thence thence thence thence thence 33; thence thence South 02011'37.. North 82°14'32'' East 365.27 feet; South 07045'28.. East 19.34 feet; South 86°01 '39" East 844.03 feet: Nor'th 78°58'03'. East 990.42 feet; North 04°39'01" East 2545.66 feet to a point on the north line of said Section 33' along said line South 89°56'27" East 15.05 feet; leaving said line South 04°39'01 West 2542.65 feet; North 78°58'03" East 611.72 feet; North South South North along 42°10'21" East 2076.14 feet; 60020'33.' East 414.62 feet; 87°08'06'' East 594.06 feet; 02°13'50" West 1111.97 feet to a point on tile north lint' of said Section 33; said line South 89°57'09" East 30.02 feet to the northeast comer of said Section along thc cast linc of said Section 33. South 02013'50" East 1128.51 feet: leaving said line North 87008'06" West 629.09 feet: thence North 60°20'33" \Vest 406.16 feet; thence South 42°I0'21'' West 1868.44 feet: thence South 52°01 '56" East 652.67 feet: thence South 00008'23.. West 633.43 feet; thence South 67012, 10" East 2205.68 feet: thence South 2t°22'41'' West 479.59 fcct to a point on the east linc t>f said Section 33; thence along .said line South 02°13'50" East 559.75 feet to a point on the north right-of-way line of Vanderbilt Beach road (C.R. 862); thence along said line North 89053, 55" West 15.02 feet; 6~'1 I/9~X17 ? 2f.,017.MLB BARTON ~ PEEK, lt.;C. ),=105-85C7 · Ph 941.649.4040 Fx 941.645-5716 Description of part of Sections 33 and 34. Township 48 South, Range 26 East, Collier County, Florida. (Drainage Easement) Continued: 16B '? thence leaving said line North 02°13'50" West 562.27 feet; thence North 2l°22'41.. East 468.10 feet; thence North 67° 12' l 0" West 2201.04 fcc< thence North 00°08'2Y' East 636.07 feet; thence North 52°01 '56" West 646.43 feet: thence South 42° 10'21" 'O/cst 185.62 t'cct: thence South 78°58'0Y' West 1624.68 feet: thence North 86°01 '39" West 842.89 feet: thence South 07°45'28" East 19.34 feet: thence South 82014'32" West 370.53 feet; thence South 02°11'37" East 2418.16 feet to a point on thc north right of way linc of Vanderbilt Beach Road (C.R. 862); thence along said line North 89°55'02'' West 54.04 feet to a point on the west linc of said Section 33 and thc POINT OF BEGIN:~ING of the casement herein described. Subject to casements and restrictions of record. Bearings arc assumed and based on thc west linc of said Section 33 being North 02°11'37" West. WILSON. MILLER, BARTON & PEEK, INC. Marcus L. Berman, Professional Survey, Wot & Mapper Florida Registration No. 5086 Not valid unless embossed x~dth the Professional's seal. W.O.: N0772-020-010-RSGSS REF.: 4L-1451 DATE: May 22. 1998 REVISED: June 11, 1998 6.ti 1?9541~ 720017 MLB Page 2 of 2 Exhibit }: Exhibit "G" 16B '7 SUPPORT INFO~TION FO R 'I'~ ISLANDWALK S'FORMWA'FER MANAGI?L",IEN'[' !. INTI,IOI)UCTION '['he IslandWalk Stormwater Management Agrccmcm i,, a pr,)p,,-,,-',~. agreement I)ctween SunCo Building Corporation and Collier Count.',' which provid,_'~ ~t mechanism for tile IslandWalk project to implement and be reimbursed for a portion c)f tim }tan'tv Basin stormwater master plan. The agreement is in draft form and has bc~:n ?re!iminarity reviewed by John Boldt. These comments ha,.'e been incorporated into Draft ::2 The information consists of the following · A brief history of thc Han'ev Basin and the cfi'ohs bv Ccflli;.: C~,unty, S[:\VM[). and IslandVValk to implement drainage works within the basin · An analysis v.,hich compares thc drainage easements needed t,, ~mplcment thc (~riginal Harvey Basin Plan and those needed with the plan permitted bv · Cost analysis for those Island\Valk improvements which irnp',.:mvnt the I larvcv Basin Plan. · Summary of benefits realized bv IslandWalk ?a:'ticii'a:km it: t:... ::::plcmcntati(;:~ of the llarvey Basin ['lan 2. BACKGI,tOUNI) Thc llarvcy Basin is a tbur square miic area bounded to thc north b'. I::',mokalee Road, to the east by CR 951, to the south by Vanderbilt Beach Road, and to ti',c east by Golden Gate Estates Units 96 and 97. Over the )'ears the basin has been subdividc:i into smaller lots with little regard for master drainage works Farms in the southern pon~o~r', of the basin have cut off historic sheet flov,' to the south. Developed parcels along tile south side of lmmokalee Road were then forced to direct stormwater discharge to the norfl~ ir:~t~ the lmmokalee Road canal. The result is collection of land parcels with no defined drainage t~utfalls and which are subject to periodic flooding problems The County and South Florida Water Management District recognized the problem and in 1996 the County stepped forxvard and prepared a basin master plan '.,.ifich ,.,,'hen implemented would provide positive drainage to the land parcels within the basin The master plan called for a series of drainage ditches and water control str,actures placed i[~ easements up to 60 feet wide straddling mutual property lines The ditches were designed to serve all lands within the basin. l (::, B 7 ,73 About the same time as the study was released, the lsland\\'alk i'r,,ject, which consists of 7054- acres located in the southwest quadrant of the basin, bczan its walcr management permitting. It quickly became apparent that lslandWalk had the i,,:tzntial to become a key factor in implementing the Harvey Basin Plan. From this sprang ~: ;,artncring effort between Collier County. SFV',~ID and IslandWalk. Through a series of partnering meetings, a water managcme;:: ;'~!.:n v.'as developed for IslandWalk that would mutually benefit the Ha~'ey Basin by allov, m~ blocked drainage from the no~h to flow through the lake system in IslandWalk The [3]at~ also included a basin hydraulic model which simulated storm events for th~'ey Ba~:x IslandWalk, and the Vanderbilt Beach Road canal down to the D-2 weir. The plan and ~hc basin model were the basis for a SF%~.ID ERP permit which was issued in 1997 for thc IslandWalk project. The permit approved the lta~'ey Basin concept and allowed constmc~i~,n ,.ff the lslandWalk water _ ,~ .... :he main l tan'er Basin mana~emem system including the inflow points in lslandWalk '": . control slmcture In addition, the permit allowed For the cons~;uct~on of an interim ditch system through IslandWalk which then allowed the County to r,...~tt: flow to thc south and provide immediate flooding relief to lands to the north. These ~:',~crhn ditches have been constructed and are functional. 3. COST SU,%I.%IARY Attached is a cost analysis package v.'hich provides the follov.'ing: A comparison between expected costs for these improvcmcn:, ?,,.,)ciatcd with the 1996 Harvey Basin Plan and the expected costs for the plan as i~;,Ic:nented by lslandVValk. Note the comparison includes only those respective improvem.::;:, adjaccm to and within Is!and\Valk and does not include those improvements adjacen: :. i~ropcrties upstream of the input points to lslandWalk. The comparison shows that the IslandWalk project through ~Is accommodmion and implementation of a major portion of the Ha~'ev Basin i'1.:~: can save the County approximately $358.000. · Support information for the cost analysis above. A drainage easement analysis which demonstrates that th,.. Isiand\Valk project ,.viii substantially reduce the County easement acquishion costs anti '.,.'il: reduce the number of property owners that the County will deal with during the caseins'::', acquisition process. The original I-tarvev Basin Master F'lan called for a series of drainage easements ranging in width from 40 to 60 feet that would be secured from properties :hrm,ghout the basin. The easements are for drainage ditches and water control structures, and would straddle mutual property lines. In the vicinity o£ IslandWalk. t}~c ~...lst bot, ndar>', Ihe west boundary, and a portion of the north boundar)' would be afl',..',::ccl bv the easements. Tile total required easement acreage around lsland\Valk is 19.3 and '., ~uld affect 12 properties. The attached map iljustrates the easements. lslandWalk has permitted, wid~ the agreement of SFWMD a~d Collier Count>', a water management plan which allows off-site water from the Harvey 1;asia to be routed tt~rough the project. Entry. points into the lsland\Valk system along witi~ I}',(: master Harvev Basin weir ,,,,'ere designed and permitted. Flow through easem,z:~ts were identified. Tile IslandWalk plan required only 4 6 acres of easements aff'ecting (,~r'.iv .3 properties including lsland\Valk. By implementing the lsland\Valk plan, the Count',' can realizt.. ,: savings of 14.7 acres of easements tha! do not have to be purchased along with a redt:c:i,,~: ot'O properties that do not need to be negotiated. BENEFITS The implementation ofthe [sland\Valk water manag,_'ment plaa t~t'....:, t!',,: follov, ing benefits to the County, · IslandWalk has pa,'-tnered with Collier Count,,' and SF'\VNID · re.::,,:, permit, anct implement a significant portion of the Harvey Basin Plan SFWMD issued an ERP for lsland\Vatk which included a watc~ r:~anagemt:nt model covering the Harve;, Basin. Thus. the Harvey Basin plan is conc=.pttaally permitted ,,'ia the Island\Valk ERP. The development o£ lslandWalk has offered immediately draina,..,,: relief to the drainage blocked areas to the non. h including Dove Point and the new hig?~ school. The IslandWalk water management plan allov,'s for all tta~'e':' t;:~sir~ ctrainage to flow through the project lakes, thus eliminating the need to secure mr, s~ drainage easements across multiple properties surrounding tile Island\Valk proper,,it.', · hnplementation costs to the Cotlnty are reduced by appro,:ima;~..'7 <.358,000 · The number of property owners the County needs to negotiate ~',:$~'ments with are reduced. IslandWalk Stormwater Management Agreement 18B Page l Page 2 Page 3&4 Page $ Comparison of Harvey Basin 1996 Plan and Harvey Basin Plan wi:t: IslandWalk Participation Supporting Calculations for 1996 Plan Costs Supporting Calculations for the Plan with lslandWalk Participation Drainage Easement Analysis 12/14/98. COST.XLS IslandWalkStormwaterManagementAgreement 1.6 B Comparison of Harvey Basin Plan '1996 and Harvey Basin Plan with IslandWalk Participation 7 t tarvcy Basin Plan 1996 Interim Improvements Permanent Improvements Drainage Easement TOTAl. Savings to the Count,,': Note: $ S $ 306.000 5 $ 495.000 $ 801,000 -, ( S .~58,0.)0 See page 2 for 1996 tlarvc'.,' Basin Pla~ d~:~ails See pages 3 and 4 for lsla:~,dWalk t'articipa:i,m detail:, ', 2/14/98 Page I COST.XL$ Calculations: IslandWalk Stormwater Management Agreement Supporting CaleulaUons for the 1996 Harvey Basin Plan Cost~ 1.6 B Canal Type 'B' Canal Tyr-.~ 'C'" :30' 30' 1996 Plan Permanent Impr~)v~ments: (Includes only those master planned improvements to be constructed adja:cr,.'. 1~ l:,landWalk See tlarx'ey Masterplan. 1996) Clearing & Grubbing (Burn Drainage Eascmcnl Arc,~ 15.70 I,~.?0 acres ~ Sl~00.Ou per act,.' ~ $ 2~.2~/J Canal Excavation 11.900 lineal feet or Canal Type ~C" ° Cross ~ecdonal Area of 150 square 2.700 lineal lee~:t, orCan~l Type 'JY · Cross Sectional At,:.= of Cubic Yards ('u~ic Yards ':,il Cubic 'fa;ds 74.911 cubic Yards ~'~, $300 pc.r C.'ubic Yard = $ 224.753 (Cos~ includes cxcavat:,n. :nam~enance access road. disposal ,)t' cz .:., :5.1. and stabilization) Professional Fees (l~luding I~ M~I~, SF~{D ang Collier Coun~ Pe~mmg S 52.~00 Hydrologic and llyd~ulic M~cl of~e ttzp.~ B~in. Consruct~or. Dra'wmgs and prepa=:ion. Bidding a~ Fmgineering Ser~ ~ccs During Con,erect:on) Pem~ent Improvement Total S 30~.793 1996 Plan Drainage Easement Drainage E~ement Area = 15.70 acres 15.70 acres ~ $3 I,~49 ~r acre ~ S 495.519 {From appraised value oJ' land/ Page 2 COST.XLS IslandWalk Stormwater Management Agreement Drainage Easement Analysis 7 Prooosgd drainaae easements in th{ Har~ev Basin Study (Johnson En_RipCgr_,ng. 199_6) A 25' 30' 25' I 30 30' Islan~,~afk 30' 30 VBR 30'!30' Easement Areas on Islandwatk Properhes= Easemen! Areas on Other Properties= 9 57 acres 9 77 acres Total Easement Areas= 19 34 acres Total number of pro~:)ert~es affected by easements= .'dote the Golden Gate Estates 30' easement a~onq t",e ,~es! Doundar~ Prooosed drainage easemen_.[~g~ dePicted_by_ .W/d~Lq_n__Mil_JlgL~[9_r_m_.w_atgL_M_a_nagg~en~ A qr~tm_¢n; A ,4' ! 5' 30 30 15' Easement Areas on Islandwalk Properhes= Easement Areas on Other Prcpemes= 3 ~2 acres 0 78 acres Total Easement Areas= 4 59 acres Total number of properl~es affe~ed by easements: 2 r~o~e the (~OA3en C,a~e ~,.,fa:e$ 3C' easement alo'g t~e ,~es; Doun~a~! c' '.,a~* ~ ~,a~ :.,e,~c~ 5 ~ ~e~,'.a'ec' '~, C'.l!'e~ . '. t., mat · :.,~e Page 5 COST XLS DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 I,q AGREEMENT FOR TIlE BOAP, D OF COUNTY COSIMISSI()NERS AS TIlE GOVERNING BOARD OF TIlE GOI.I)EN GATE PARKWAY 511'NICIi'AI. SERVICE BENEFIT UNIT TO REIMBURSE TIlE PROI'ERTY API'R:\ISEI! AND TAX COI.I.ECTOR FOR SERVICES RENI)EREI) FOlk TIlE GOI.I)I{N' (;ATE I'AI,IKWAY MUNICII'AI. SERVICE BENEFIT ir\IT This Agreement for Board of County Commissioners as Go,.'crn~nu t',t~ard of thc Golden Gate Parkway Municipal Service Benefit [init to Reimburse the Propert.,...\ppraiscr and Tax Collector (the "Agreement") is made and entered into this~ 1999, by and among Board of County Commissioners as Governing Board ul' the Golden (3ate Parkway Municipal Service Benefit Unit. ("MSBU"). Abe Skinner in his capacity as the Collier County Property Appraiser. ("Property Appraiser'/. and Guy L Carlton :n i:i.~ capacity as the Collier Count,,' Tax Collector. ("Tax Collector"/ , 09,, TI tER[:.FOR[[, m considcr,:tion ol thc mutual promises. ~,,', chares, representations, and agreements contained herein, together with the ten d~,llar.s ($10 ()(~) and olher good and valuable consideration cxchan?d alBoll~s[ thc parlies, thc p:.ulic,~ :o this .,\Mrcc'mcnt do undertake, promise and agree for themsel,, es. and their successors as foll,,v, ,~ SECTION 1. FINDINGS, RECITAI,S.-\NI) A(;KN()\VI,EI)GSIEN'I',~. It is hereby asccrt;uncd, detcrmin,.'d und deck:red hv thc parlic~ th:~ (A) The MSBU is authorized t , mqx~se re)n-ad valorem assc>-,::~cnts anct by appropriate resolution shall express its intent to use the unifi)rm method ,,~ ,c. ,. collcc~i~m and enforcement of non-ad valorem assessments as provided in Scclion 197 3r,32, Florida Statutes. under which assessments are included on an assessment roll and codified. ;n a compatible electronic medium tied to tt~c property identification number, by the Nlgl~l .' to the Tax ('~1 ector for merging with the ad valorem tax roll, lbr collection by utilizing thc tax n~tice provisions described in Section 197.3635, Florida Statutes. and tbr sale of tax certificates and tax deeds under the non payment provisions of the ;ui valorem tax la',~ :~ (tide "t~' ~ ~ ,, :n klcthod" ): (B) Thc Uniform Method. with ~ts cnforccn~c'n: Fr.xisic,ns in~:l;.~dixg thc usc ,l'tax sale certificates and tax deeds to collecl delinquent annual payments, is less c'xt,..'nsu,'e aI~d more equitable to the delinquent landou, ncr tha~ the tradi~iona! iicn foreclosure (C) The Uniform Method ',,.'ill pravidc for more cfl'icient collection by virtue of thc assessment being on the tax notice issued by the 'Fax Collector and ,,,.'ill pr~duc¢ positive economic benefits to, the affected landox,,ncrs and the MSBU. (D) ]'he Uniform ,'Method ',,,'ill i);omotc local ?xcrnmcnt acc,.t:~ability; Page 1 of 5 (E) This Agreement is intended to conform ¥.'ith tile requiren;cnl of Section 1973632, Florida Statutes, that the MSBU, thc Tax Collector and the Property Ap;~,ra;,;cr enter into a written agreement providing for reimbursement of administrative and actua! costs incurred as a result of the use of the Uniform Method: such administrative and actual o ,~t.~ include, but arc not limited to those costs associated with personnel, forms, supplies, data p~,~'..~ing, computer equipment, postage and programming, (F) The non-ad valorem assessmcms to which tills Agreement at3;~i~o are being levied for the first time for the Golden Gate Park~av Nlunicipal Sec'ice [3encfit I.'~:~ which comprises eleven properties located along the south side or'Golden Gate Parkway j,,~t east of Santa Barbara. Unit 7, Block 230, lots I through I I. in Section 2S South. Township 4c) %~'~d~, Range 26 l{ast, as recorded in Plat Book 5. Page 140 of thc Public Records ofCollier Cour',~v Florida: and (G)This Agreement is entered into in order to provide for the usc of the Uniform Method relative to non-ad valorem assessments imposed under thc Goldc~ (;ate Parkwav Municipal Service Benefit Unit which comprises cloven properties located Golden Gate Parkv,'ayjust cast ofSanta l~arbara. Unit 7. [½lock _.~0. lol~, I through 11, in .'-;ection 28 South. Township 49 South, Range 26 l(ast, as recorded in Plat Book; I'a~c 1,10 of thc I'ublic Records of Collier County, Florida or its ,uccess()r SECTION 2. INCORI'OIL.\TION. The findings, recitals and acknox~ l~.dgmcms contained hereto arc ~ ;~,... correct and incorporated in this Agreement SECTION 3. PURI'OSE. The purpose ofthis ,,\grccmcm i~ :',r the Xl~;B[.' thc Tax ('~,1[cc~¢., ,:;~d thc Appraiser to establish and agree upon ibc ~;ndcrlaki~u of t}:c rcsp,m~bii~:',.:, [,ursuanl 197.3632, Florida Statutes, in order to m. ~,zmcnt thc U;~Ibrm N1cthc~d I,:.~ 'he notice, levy, collection, and enforcement of non-ad yak,rcm assessment, and to l,r~)x :dc ~,,r reimbursement by the Board of County Commissioners as G, ,vcrnmg Board of the (3olclc~ (;:~c l)ark~ay Municipal Sec'ice Benefit Unit to the Tax Collector and thc Property Appraiser ~,r all actual costs incurred by them in such activity. SECTION 4. CO,MPI. IANCE WI'HI I,..\\\'S ANI) I{E(;ULATION.%. ]'he parties shall abidebvaltstatut,.s ru]csa:~drc~zulationspc~ta~.::::".t, thelcvvand collection of non-ad valorem assessments. ,~d any ordinance promulgalcd l", ti~e NISB!. :, not inconsistent with. nor contrary to, the pro; ~sions of Secticms 197 3632. i,~7 '46';5, [:lorida Statutes, as amended, and any applicable rules duly promulgated bv the l)c~artment of Revenue. Pa.~e 2 of 5 SECTION 5. DUTIES AND RESPONSIIBLITIESOF'FllEMSBt;. The MSBU shall: (A) Reimburse the Property Appraiser for all actual costs incurred, upon receipt of an invoice fully itemizing the costs incurred, by the Property Appraiser in providing thc information and cooperation more particularly referenced in Section 6 hereof; (B) Reimburse the Tax Collector for all actual collection costs incurred, upon receipt of an invoice fully itemizing the costs incurred, in the collection of the as~,cssments, pursuant to Section 197.3632, Florida Statutes; (C) Pay for or alternatively reimburse the 'Fax Collector for anv separate tax notices necessitated by the inability of the Tax Collector to merge the non-ad valorem assessment roll certified by the MSBU pursuant to Section 197.3632(7). Florida Statutes. (D) Post the non-ad valorem assessment for each parcel on thc non-ad valorem assessment roll in a manner that such non-ad valorem assessment roll is frcc of errors and omissions; (E) By September 15 ofeach calendar year, cause the Chairman c,fthe Board of County Commissioners as Governing Board of the Golden Gate Parkway Municipal Service Benefit Unit, or his or her designee, to officially certify to the Tax Collector the non-ad valorem assessment roll on compatible medium, tied to the property parcel identification number, in a manner that conforms to the format of the ad valorem tax roll submitted hv ~he Properly Appraiser to the Department of Revenue. and (F) Cooperate with the 'Fax C()llector andthc Property Appraiser to implement ti~e Uniform Method of notice, levy, collection and enforcement of the subject nc',,-ad valorem assessment roll, pursuant to, and consistent with, alt the provisions of Chaptzr 197, specifically Sections 197.3632 and 197.3635, Florida SIatu'~es. as amended SECTION 6. DUTIES AND i;~ESI'ONSIIIII.ITIESOFTllE I'ROI'EICI'YAI'I'i{AISEIL The Property Appraiser shall: (A) Annually by June ] provide thc MSBU with at least the llqiowing information by compatible electronic medium: 1) The legal description of the property within the bc;.~daries provided by the MSBU describing the subject municipal services taxing and benefit unit. 2) The names and addresses of the owners ofsuch propcr-ty Page 3 of 5 16B 3) The property identification number ofcach parcel i~ a manner that conforms to the Format of~hc ad valorem roll submitted to thc I)cpartmcnt ~cvenuc. 4) An),' other information reasonably needed by tile N1SB[.' to create, re- compute, reconfigure, revise, correct or otherwise formulate thc non-ad valorem assessment roll. Provided, however, thc Property Appraiser is not required to submit ;r~t'ormalim~ which is not on the ad valorem roll, compatible electronic medium submitted to thc l)cpartmenl of Revenue. or otherwise readily available and reasonably accessible t'rom h~, ~ccords, and (B) Cooperate with tile MSBU and the Tax ('ollcctor to implct:~cnt the Unitk)rm Method of notice, levy, collection and enf~rccment of the subject noa-ad ,.'al,,rcm assessment roll, pursuant to, and consistent with, all the prt~visions of' Chapter 197, specifically, Sections 197 3632 and 197.3635, Florida Statutes, as amended SECTION 7. I)UTIES ,',,ND I~.ESi'ONSII{II.ITIES OF Tile TAX ('()[.I.KCT()[,t. ]'he Tax Collector shall (A) Prepare a collection roll and prepare if combiacd m~ticc l'~,~ i;,,r[~ thc ~sd ,.'alt)iota and non-ad valorem assessments in accor&mcc with Chapter 197. and ap;)[~c,!)lc rules promulgated by the Department of Revenue and in accordance with any si)c,z~fic ordinances and resolutions adopted by the MSBU, so long as said ordinance and rcsoluti,,'~s shall themselves not be inconsistent with or contrary to, thc provisions of Chapter 197, specificallv. Sections 197 3632 and 197.3635, Florida Statutes, (17,) Collect thc non-ad valorc.~ a.,scssmc,ts of the MSBU as ,~crtiticd ti) the Tax Collector no later than September 15 ofc:~ch calcnd:~r year. provided suni, ri,Il is on compatible electronic medium tied to the property idc~::ilicall,m ~:umhcr ik)r each pa~,cl ,~t~t in thc l~,-mz~t used by the Property Appraiser for the m~n-~d ~:do~cm r~]t ~ubmhtcd ~ thc I)cpartmcm oF Revenue and such roll is free of errors ar:d ~m~iss~ons. (C) Cooperate with the MSBU and the Property ..\ppraiser to ~tnplcment thc Uni£o~m Method of'notice, le,.y, collection and enfi~rccment ot'thc subject non-ad ,.:dorcm assessment roll. pursuant to. and consistent with. all the pit,visit'ms of Chapter 197. spccitic:~[[,.' .qecti(m 197 3632 and 197.3635, Florida Statues. as amended. iD) Upon determining errors o~ .mliss,,ns ~,~ at:v roll. toques[ :ii,,.. XISI3U Io lilt a corrected roll or the correction off the amt)',~ nt of ar~v assessment by filiau ',, itl; thc Tax Collector a certificate of correction, with a copy to thc Property Appraiser and the DcFartmcnt of Revenue. pursuant to applicable roles provided by thc l)epartmcnt of Revenue: and Page 4 of 5 16B 1! (E) Upon determining that a separate mailing is required pursu::n~ to Section 197.3632 (7), Florida Statutes. mail, or require the MSBU to mail. a separate notice of the particular non- ad valorem assessment. SECTION 8. TERM. The term of this Agreement shall commence upon the date first ab(u,'¢ written and shall run through the end of the calendar year and shall automatically be renewed thereafter, for successive periods, not to exceed one year each. Hov.'cvcr, the MSBU shall inform the Property Appraiser and the Tax Collector and the Department of Revenue by Januar',' 10 in any calendar year the MSBU intends to discontinue using the Uniform Method of collecting the non-ad valorem assessments referred to in this Agreement. IN WITNESS V~q-iEREOF, the MSBU, the Tax Collector and thc Propeay Appraiser have executed and delivered this Agreemem as the date first above written ATTEST: , DTIGI.I?~,E.. BROCK, CLERK Approved as'to form and legal sufficiency Davi3 C. Weigel, County A~ney BOARD OF COUNT'( COMMISSIONERS COLLIER COUNTY, FLORIDA, AS GOVERNING BOARD OF TIlE GOI.DEN GATE PARKWAY XlIiNICIPAI. SERVICE BI'2NENFIT \.'NIT P-:.X.MEI.A S .XI..\("K IF.. Cft,\IRX-4~6MAN WITNESSES. COI.LIF-R COUN'I"~ I'P, OPF. RT'f APPRAISF. R ABE SKINNER WITNESSES: COI.I.It{R COUN'I"( TAX COI.I.ECTOR GU',' C( TON Page 5 of 5 PERMIT t.t >R CARNIVAl. STATE OF FLORIDA: COUNTY OF {'OI.I.IER: WIIF. RF. AS. ('olher ('nunly Park., ami Recreation. has made apphcauon., fi.' I¢.,ard ul' ('ommis~oner~ of { 'ollse~ ('ounty. } lo"da, fl~r a pcrnlll lo comhicl a carmval nr rxh~bm.n, and WItEREAS. ('olhcr ('nunly Parks and Recrrauon. has presented to Ibc Board sul'F:~ ~cm c~ .tcncc ii,at all crite.a for the Issuance of a ~'~11 Io condu~ a carm~al or exh~bmon as scl fl~rsh m ( haptc~ ICJ, Arl~clc Il. Ainu<merit* and Imlenamment~. of the ('.,Il:er County ('<~te have ~cn satisfied and fl~a~ ~uch carnival or exh~bmon ~dl ~ c.nduclcd according Io la~ul rcqusremcms and comhuons: and WIf[~REAS. ~d ('olhcr County Park, and Recreation. has requested a ~awcr ,d thc ~tucq. Nc)'A'. I IIILRILFf)Rt~. 'ItlIS PERNII~ !~ tII{RF. BY (;RAN IH) IO ('olhcr ( m:nl~ i'arL, and Rccrcal.m. to conduct a carm~al or exhsbmon from June l~. 1999 lhrough June 19, 1999. m accordan, c ~tl~ Ibc terms and ¢oMItlons <t foAh tn the ~tmoner's a~hcat:..n ~nd all related d~umcn:*, attached helclo ~n,I for the fl~llowmg de<n~d {Ncc attachtd ILxh~blt "A"l Ibc request fi,r ~a~xcrs .fCamlsal }.tv %tJrc~y [hmtl and ()ccupa,nnal l.iccn~c is },,..ruby, appr.~cd WI'I~ESS my hand as Chairman of ~J',l t~na.I and Seal .I ~a.t ('oumy. al~c~tc,I b~ ~h~ <h'rk ATFEST: DWIGHT IL BROCK. Clerk / ~ttest i~ to Chltr~a'$ Approved as lo Form am:l s~gn~turl Legal Sufficiency: Maoofi~M. Studcm Assislant County Atlomey I 'OI.I,JJ:R ('()J;X I Y. sECTiON 28 , TOWNSHIP 49 sOUTH, RANG£26 EAST COLLIER COUNTY ,_FLOR. iOA L£GAL DESOR~P~IOH SHEET ~ OF t, A Portion of Block 115 Golden Gate, Udit 4 according to the Plat. thereof recorded in Plat Book 5 at Page 107 through 116 of the Public Record~ of Collier Count]', Florida, and more particularly described a~ follow~: ' rC¥.e.~naterli~t DEScRIPTIO'N: CO..-¢~ence at the [nt~rsection of .t~a Golden Gate Parkway and the ce~terline of Coronado ' ' N. 38" 54' 39" W. along the centerline of coronado parkway a iht on tho south'~esterly extenNion Of 65.00 fe~t to a P~-"a' dine of Golden Gu~e parkway; ~ westerly Ri~h~ o. -~Y~ ~ ~ own on the pla~ ~,, ~%:~nen~ R~ference Monumen~ a- ..h ' ~5~f 2 ' ' ' *' '' ' ' ' Nortb'¢e~torly ¢x9 ,. 05' ~i" w. a dl~ _f Co¢o~ado park'~aY; ~oint; thence S..5. ~__,.. Right-of-waY ~lge ~_~t~of-way line of ~ .-~ ~ the Nort~a¢c~z ~_ ~fortheasterly po~n~ -~--~..~teriY along ~n~ , circular c~rvo concave thence ~u ........ . the ar~ off,et a~d a central angle Coronado parkway and along outhwe~erly z3~'*~'~.,4~.nce of 125.~x .~u~ _-~.~sterlY along S ~ ~, nn,, ~or a u~- ..... . ¢--~n iv ~u,~. ..... central of 8 uu ~= * ~_..thoas~erly' ~u~.r., feet and a curvature; thence ~uu curve having a radiu¢ of 25.00 , ~ to the Point of angle 9 00'for a Beginning' · --d reservations of record and Subject to eaeement¢, reetrictio~¢ a~ ~ . 31, 1989, and real property taxe¢ accruing subsequent ~o DeCember Subject to that certain right of rev~r%er and express condition described In the Dee¢ recorded in official Record¢ Book 343, page 311, and any subsequent nodifications thereof, publiC p. eco=dz Collier county, Florida. 0R BOOT, :"- " 16C 2. EXHIBIT "A" ~oJEc'r: PARCEL: SECTION 28 , TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION SHEET C ~. S 51'O5'21"W IO8,74' ~,. ca'co'co" ~------A = 125,41' mO A = 90'00'00" R = 25,00' /--'A = 39,27t z ~_ .s.uo %-~__.~¢¢ 75.oo' ~'/~J 001590 002037 ! 0R BOOK PACE GOLDEN G ATE PARKWAY 0 .J COLLIE~ COb'NT~ COYER~;~ZEh'~ COHPLE% 3301 E. TAMZAMI TRAIL ~, ~ 33962 (813) 774-8260 THIS IS A SKETCH OF THE LEGAL DESCRIPTION. THIS. IS NOT A. SURVEY. NOT TO SCALE. .",."-' BY: ' ' ,'.. ' , , ~.o~s~o~A~ "~ s:~o~ DA~: . j, ~ ' ,, Page Four of Four .., ....;.?;.,.~., "' "" ";"" :"" ' !6C2. I'rrm~I ";o. PER.MIl I(~R('ARNIV:\I I'XIIII½1IION STA'I E OF FL¢)RII)A: COUN'IY OF ('OI.LIER WHEREAS. ('olher {',lunty Parks ,~nd Recreatmn. has made apphca.on to thc R,,,~.I ,,~ Comm~oner~ of ('olhct ('ounl). Florida. for a ~'~it 1o conduct a carmval or exhibition: and WII[~REAS. (%lhcr County Park~ and Rccrcat~on. ha~ pre~enled ~o the ~oard ~ut'l]ctvm ,"..Icncc thai Amu~ment~ and J:ntertammenl~. of thc (',dhcr County ('~lc ha~c ~'cn satisfied and ih;. .u,h c;:{n~x';~l or exhib~llon ~ dl be conduclcd accc~rdmg to lax~ ~uI rcqut~cmcnts and cond:t~ons; and WHEREAS. sa:d ('~dl~cr County Pat~ ~ and Retreat:on. ha~ requested a ~'atvcr of :he ( .~rn~x'al Fcc and Sure{y Bond; NOW. fItEREFOR}:. II{[S PI~RMII lq II}~RI~IIY f/RANII:D IO('ulhc~ County P,.k. ;,nd conduct acarnivalorcxh:b~tlon from Septvm~'r 24. Iqgqlhrough Scptcm~'r 25. lqg~). ~n..c-r,~:~r:<c xn:th Ibc inco~ra:ed hereto for Ibc fol]o~ lng de<riM'd I~cr allachcd ttxhlb~l "A"I Ibc rcqtlc~t fi)r ~al;cr~ (]f Carnival l ce. %urcty Hond and ()cc~Jpahonal J.lcen~e ~ hcrr}~v WI'~}{SS my hand a~ Chairman of ~;.d B.ard and ileal o{ ~a.I ('ount~. allu~tcd by fl~c {Icrk ol (oriels DWIGIIT E. BRCX;K. Clerk Approved a~ Io Fo~ and legal Sufficiency: Marlone M. Studcn~ EXHIBIT "A" Page 1 of 2 DESCRIPTION OF LANDS COUNTY UTILITY EASEI{ENT FOR TRACT S-4, THE VII;EYARDS U~iT 3 A 15.00 FOOT WiDE STRIP OF LA~:D LOCATED IN THE VINEYARDS UNIT 3, AS RECORDED IN PLAT BOOK 16, PAGES 2-5, IF; THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING 7.50 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLIHE: CO;~{ENCI~:G AT THE NORTHWEST CORNER OF SECTIO~ 5, TO~::;SHiP 49 SOUTH, RANGE 26 EAST, COLLIER COU~;TY, FLORIDA; SAID COR,~;ER P~EI;~G A O~; THE SOUTH RIGHT-OF-WAY LI~;E OF VA~;DERBILT BEACH ROAD; THENCE ALO~;G SAID RIGHT-OF-WAY Li~:E SOUTH 89'55'24" EAST, A DISTANCE OF 83.53 FEET TO THE O~0_~O_F_BEGI~:I;i~;G; THENCE SOUTH 01'28'00" EAST, A DISTAl;CE OF 2274.11 FEET; THENCE SOUTH 22'51'12" EAST, A DISTA~CE OF 27.42 FEET; THENCE SOUTH 01'28'00" EAST, A DISTA~CE OF 70.70 FEET; THENCE SOUTH 20'18'58" WEST, A DISTANCE OF 26.94 FEET; THENCE SOUTH 01'28'00" EAST, A DISTA~CE OF 318.95 FEET TO THE SOUTH BOUNDARY OF TRACT S-4 AND THE END OF THE CENTERLI~;E: SUBJECT TO EASEMENTS, RESERVATIONS, OR RESTRICTIO:~S OF RECORD C-~ 2049~TRS4U3 Exhibit "A" Page 2 of 2 J d ~D 0 ~<~ }-- I cD < C~ ~ N O e co e ° t s Copy: Petitioner ~_q_tjt_~. Copy: (2) County Manager ~o, ,~o. ~ -';~- k .. ~A~: ~'~ PETITIONER'S LEGAL DESCRIPTION OF SUBJECT PROPERTY: SEN EP~AL LOCATION: RENT ZONING: · URE OF PETITION: 'E FOLLOWING INFORMATION IS INCLUDED IN THIS PETITIO~. '~N, SEE R~/ERSE SIDE.) (FOR EXPI,ANA- 3.a. 3.e.1) 3.e.4)__ 3.b. 3.e.2) 3.e.5). 3.c. 3.e.3) 3.e.6) 3. d. Comments: 3.e.7) 3 .e.8) ........... 3.e.5) _ SIGNATURE OF PE'riTIO~,..R DATE REVIEWEb by Board of County Commissioners:__ Approved: Disapproved: ....................... Conditions of APproval: SIGNATURE OF COUNTY MANAGER Date (s) o£ Sponsor of Address of Person in charge of food service Number of food and beverage booths Estimated number of attenders expected at the event at cne time~- '~z~ Number of toilets to be Portable: Permanent: provided. L Male Male Method of toilet waste disposal: Female "- ) ~cribe method of liquid kitchen waste disposal: 3escribe containersand method o(A_~olid.,zT~ waste disposal (carbage):,. .... Number of solid waste disposal containers provided: -.scribe facilities and method of ha~nd washing: '~- Describe facilities and methodof ~tensil washing, r~insinc~and sanitizing: ~~ .~o./o "Z--,~ z_?,~')c,.;_y_d~_ ............ Fcr informaticn and assistance ccntact: Environmental Health & Engineering Department (813) 643-8499. As the sponsor of this event you are responsible to notify 1 food · vendors of the temporary food service requirements. Failure to comply r. ay subject the booths to be closed for public health reasons. Do you understand[ ~is completely? I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. I agree to assume responsibility for this event and certify that said business will be conducted in compliance with the Florida Administrative Code, Chapter lOD-13. Signature of sponsDr's agent Date: )-13.0292 Temporary Food Ser';ir;e Events shall be based on the t'/oe food. that is to be '].G2¢ o~ th:$ Chaote:. D~ cbtain~,J f:On an aoo:oved ~i. th ice when: (a~ The star,ce ~a.: :., I r_.i.' [~_~,~ {iOI Eaui:men~ s:,,,ii t;e ........................ ............................................ 2O 16C2 INDIV~_DU;%L_ BOOTH NOTIFICATION FOP~{ FOR TE!{PCPJ~RY EVF.?;TS Types of food or beve-ace. . to be served: Florida Admin~stra'iye Code, Chapter !OD-1~ ~-ocu',:o.-, a!~ food to come ~~o.. an apl)roved source All food storage, preparation and utensil cleaning for this event .~hali not be done in private hot, es. Ho'w 'wi1'± food be ~ra:~.5F~orLe,2 to event location? Method of keeping food hot and/er cold at event ' '~ location: Method of cockinc food a~ ~ne ~/^ Food must be ~rotected from dust, insects, ~]{o%, .... , coughs, sneezes. Ho'-' ','ill you. provide this protection? Describe Adequate facilities and supplies shall be provid,~d !or emplo'fee handwashinc. How '-'il! you urovide thi'x? For Information ant Assistance conEact: Enviuonmental Health & En~iaeecing Dept - (8i3) 6,;3-8499 · Excerpt from Ordinance No. 75-11 Filed Secretary of State 3/6/75 3. Application and Fee for Permit. A minimum o[ twenty (20) days before occupying the carnival or exhibition site, an application for a permit shall be submitted to the County Manag,}~- in four copies accompanied by: a. A surety bond in the penal sum of 52,500, issued by ,-, company authorized to issue such bonds in Florida, conditioned upon the operator complying with each provision o£ this Ordinance and subject to forfeiture under the terms provided in Paragraph 8 hereinbelo'~'. b. Evidence of current public liability insurance coverage, issued by a company authorized to do business in Florida, ]n the minimum amount of $100,000 for any one person and $300,000 for any one incident. c. A non-refundable ice of $200. d. A current occupational license issued !P~' the Cell County Tax ¢-llector, and e. Including the following information: !) The name and headquarters add r.._'::: (e?.) et the arnival or exhibition company(les) with a direct or india-oct .nterest; name(s) and address(es) of any sponsoring or:~anization(s), :nd the name and local address of the applicant r~:~resent ins the carnival or exhibition company(les) ; 2) A description of the every activity to be conducted such as but not limited to, menageries; circus and sid,~-s~how perform- ances; amusement, merry-go-round and other ride activ]~.ies; food drink dispensing facilities; booths for conduct of games of ski 11 or chance not prohibited by State law to be open to the public for an admission or participation fee and number of persons t~3 operate the .ctivities; 3) Name, identi: ica%ion and social secu}-ity number o~~ ~ach person accountable for the operation of each activity; 4) A description and sketch of the ~ite showing the location of each activity proposed, the location and numheF of sanitary facilities; parking facilities, and provision for ]ight{ng and public ~'ater; 5) Application for Food Establishment Operating from the County Health Department as required by Ordinan~',~ 74-.{5. 6) The plan for refuse, garbage, de~ :'{~, and sewage disposal during and after operation of the circus er 7) Provisions for traffic control, t ir-e 5alety and ~'.ecur itl precautions; 8) The date and time ea~:n activity i:: t r: be cond~c~ ed and concluded; 9) Written approval frcm the c'~'ner of the prop,~t ,~uthorizing the use of this premi:;es for such carnival 10) Leqa! descripr, ion of property to be utilize,]. SpeCial Events - Country Fest Page Iofl 1602 Country Fest Friday, September 24th 6:00- 11:00 pm Saturday, September 25th 2:00- Il:00 pm ;T VINEYARDS COMMUNITY PARK FULL SCALE CARNIVAl. FOOD ENTERTAINMENT FREE ENTRANCE For More Information 353-0404 Copyrigh! 1998, Board of C omm~ssloners o a / Shad Fe~jusoo-04/14/~ http://www.co.collier, fl.us//parks/colliercountyp/spccialcountry.htm 6/17/99 Pc,ml No. I'I..RMI'I F(')t~. ~ ..\RNIV/\I. liXIIIIIIIi()N SI'ATE OF FI.ORII)A: COUNTY Ot ."OI.I.II:R: \\'[{'ERF...\.%. ('oilier ('ounly Parks and Recitation. has made apphcahon t~, thc Comnmsioncrs of C'dlier ('oumy. Florida. fl~r a pcrm~ to conduc~ a carnival ,r exhibition: WtlEREAS. Collier Counb' Parks and Rc~realion. has presented to fl~c Board suffl~ icnl cv,lel~CC ill:il all crileria for thc issuance of a pcmm Io conduct a carmval or cxhibnmn as set llmh m ~'h:q~cr IlL Article II. Amusemems and Entcrlainmcn~s. of il~c ('oilier ~'oumy {'ode have been satist~cd and Ihat ~uch carmval or exhibition will he conduclcd according Io laxvful rvqtnrcmcnls and condilmns; and Surc~y Bond; NOW. 'I'IIERI~FORI~. TttIS PERM IT IS t tERI~BY GRANTEI) '[ O Colhcr Coumy l'arks and Rccrealmn. to conduct a carnival or exhibition From l)cccmbcr 3. 1999 lhrough l)cccmbcr 5. 1999. m .lcc,rtlancc wnh temps and conditions set forlh m the pctilioncr's applicaimn and all rdaled d(~cumcms..tnachcd hcrcm inco~ora~ed herein l~r the t~llowing described property: (Sec anachcd Exhibit 2~e request fi~r waivers of Carnival Fee. Surety Bond and Occupahonal l.iccnsc is hc~d~y approved WI'~ESS my hand as Chai~an of said Board and .Seal of said County. aHcslcd by linc ('lcrk off ('uurls in and for said Coum~' this ~.~ ,~'~ day of ATTEST: · DWIGtlT E. BROCK. Clerk ,:. ~ttest ~ to ChainI.m'$ 'Approved as to Form and .% I ~;t, lr'I Legal Sufficiency: Marjorie M. Studem Assisiam County Allomcy g/ad mi n/s u~"C P - 99 -,~) 3 Sn.v. [I()ARD OF ('Or rN'I'Y ('() I~~..~..~ Calm l. nCln~ It the tOmCO,eSt COrner of $1ction 33, TO.~.~S~ 49 tJ~eeco llon~ the north lint of lbove Bort~ 87°-53'-~5' [est, 110.07 femt to t~s e~it Right-of-Y17 of Smnts described; ~htnct Ilon~ the north l$ne of lbo~e section t~ence $o~t~ 0'-0~'-01' Emit, )05,13 ~eet to th* northtrly RIg~t-of-~&y of e 70.0 foot access ro~4: thtnce llong said norther1! South Bg'-58'-55' West, ~0~4.~¢ feet to the ~lght-of-Vmy of 5~n~ )&rberi thtncm mlon9 the said e&~t Right-of-Vel North 01'-1~'-0]' West, 68.~B f((t to en &nile po(nS in ~eld lest ~tght-of-w~]; thence continuing eloni sold elis Right-of-Ua) Mort~ O'-O0'-St' W~st, S60.73 feet to the Point of Beginning; b~lng e pert of itctton ~, Township 49 South, ~an~t (eeC, Collier ~ount~, Florida; IUbJlCt to e&$emlnt% end restrictions of r(~ordl co~tein(ng'll.g) Acres of land more or WZLSO~<, MILL£a, BARTO~. SGLL L Reg. Eh;intern mhd Lard Surveyors For: Bolrd Of County OR BOOK PA£CEL All that.part of section 33, Township 49 South, Range 26 East, Collier County, Florida; and being more particularly described as follows~ commencing at the north west corner of Section 33, lownship 49 South, Range 26 East, Collier County, Florida', thence along the north line of above section, ltorth 87'~53'-26" East, 110.07 feet to the east right-of-way of Santa Barbara Boulevard; thence along the east right-of-way of said Santa Barbara Boulevard, South 0'-00'-59" East, 560.73 feet to an angle point in said right-of-way; thence continuing along said right-of-way South 01'-13'-03" East, 138.30 feet to the south line of the Access Road; thence along the south line of the Access Road Horth 89'-58'-51" East, 619.75 feet to the POIHT OF B£G1HHING of the Parcel herein described; thence continuing alon9 the south line of the Access Road North 89'-58'-51" East, 841.80 feet; thence southwesterly 93.86 feet along the arc of a circular curve concave to the south having a radius of 1302.33 feet and being subtended by a chord which bears south 69'-02'-48" West 93.49 feet; thence westerly 684.76 feet a'long .the arc of a circular curve concave to the north' having a radius of 852.91 feet and being subtended by a chord which bears south 89'-58'-55" west, 666'.52 feet; thence northwesterly 93.86 feet along' the arc of a circular curve concave to the south' having a radius of. 1302.33 feet and being subtended by a chord which bears north 69'-04'-58" West, 93.84'feet to the point of beginning; being a part of Section 33, Township 49 South, Rangu 26 East, Collier County, Florida. subject to easement and restrictions of record containing 1.27 acres of land more or less. EXIt I[',IT A U~ BUUF, ,D,4 C E L All that part of Section 33, Township 49 South, R~nge 26 East, Collier County, Florida and being more particularly described as follows; Commencing at the north west corner of Section 33, [ownship 49 South, Range 26 East, Collier County, Florida; thence along the north line of above section , tiorth 87'-53'-26" East, 110.07 feet to the east right-of-way of Santa Barbara Boulevard; thence along the east right-of-way of said Santa Barbara Boulevard, South 0'-00'-59" East, 560.73 feet to an angle point in said right-of-way; thence continuing along said right-of-way South 01'-13'-03' East, 138.30 feet to the south line of the Access Road; thence along the south line of the Access Road North 8g'-58'-51" East, 198.53 feet to the POIItT OF BEGIIINING of the parcel herein described; thence continuing along the south line of the Access 'Road. llorth 89'-58'-55" East, 421.22 feet; thence Southeasterly 93.86 feet along the arc of a circular curve concave to the south having a radius of ,,.1.302.33 feet and being subtended by a chord whtch .... 6'e'ars South 69'-04'-58' East, 93.84 feet; thence easterly 684.76 feet along the arc of a circular curve concave to the north having a radius of 852.91 feet and being subtended by a chord which bears ttorth 89'-58'-55" East, 665.52 feet, thence northeasterly 93.86 feet along the arc of a circular curve concave to the south having a radius of 1302.33 feet and being subtended by a chord which bears ttorth 69'-02'-48" East, 93.84 feet Lo a point on Lhe South line of.the Access Road; thence along the south line of the Ac'cess Road ltorth 89'-58'-55"'-East, 421.22 feet; thence southwesterly 494.69 feet along the arc of a circular curve concave to the south havings a radius of 1232.33 feet and being subtended by a chord which bears South 78'-28'-55' Nest 491.37 feet; thence westerly 740.96 feet along the arc of a circular curve concave to the north, having a radius of 922.91 feet and being subtended by a chord which bears South 89'-58'-55' West, 721.22 feet; thence westerly 494.69 feet along the arc of a circular curve concave to the south, having a radius of 1232.33 feet and being subtended by a ci~ord which bears North 78'-31'-05' West 491.37 feet to the point of beginning; be'ng a part of Section 33, Township 49 South, Range 26 East, Collier County, Florida subject to easements and restrictions of record containing 1.87 acres of land more or less. E×HIBiT B be__fore com~ i__s Petition. Copy: Copy: PETITION NO. PETITIONER'S PETITIONER'S PROPERTY OWNER'S PROPERTY OWNER'S LEGAL DESCRIPTION CARNIVAL OPERATION PETITION DATE: Petitioner (2) County Manager .... x, '.'/?_.._.! ....... GENERAL LOCATION: CURRENT ZONING: NATURE OF PETITION: THE FOLLOWING INFORMATION IS INCLUDED IN THIS PETITION. TION, SEE REVERSE SIDE.) (FOR EXPI~NA- 3.a. 3.e.1)__ 3.e.4) ..... 3.e.v) 3.b. 3.e.2) ....... .3.e.5) ...... 3.e.8) ........... 3.c.__ 3.e.3) 3.e.6) 3 . e. 9) Comments: SICNATURE OF PETITIONER [)ATE REVIEWED by Board of County Commissioners: Approved: __ Disappuoved: Conditions of Approval: SIGNATURE OF COUNTY M. ANAG~ · ., event .... of operat o,, ~ddress of Sponsor ~0 r:' ~l ' _ .... Person in charge of food service _ Number of food and beverage booths Estimated number of attenders expected at the event at one time?~~3~0__ Number of toilets to be Portable: Permanent: provided, t Male Male thod of toilet waste disposal: Female "- ) Female ((~t/) scribe method of liquid kitchen waste disposal: rsDnd method of_~;otid waste disposal (~:arbage): [ escribe containe .- .... .~.~i Yq ~n' l~{~./r~"~l' . ............. / Number of solid waste disposal containers provided: ,. F. escribe facilities an$?ethodi,./~../°f~ ohand~washing:,(xC3 3escribe facilities and m~thod//pf~tensil wa~/Ling,.sAinsin~j~a~d s~,--,iti~i,-,g: .'.m.~.,~ _/~%Qfo ",~,,,-,4 c2'~c~_,_.__t_.--'. ........... ~r', ~ ¥' (.~. ............... ~_,.,.ce o~' por. a~ :,ate~: .... t4D__('.r':~ For information and assistance contact: Environmental Health & Engineering Department (813) 64'3-8499. As 'the spohsor of this event you are responsible to notify all food vendor~ of the temporary food service requirements. Failure to comply may subject the booths to be closed for public health reasons. Do you understand t~is completely? 16 2 Yes V No I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments a~6 true, correct, complete, and made in good faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. I agree to assume responsibility for this event and certify that said business will be conducted in compliance with the Florida Administrative Code, Chapter 10D-J3. Signature of' sponsbr's agent Date:__ D-13.0292 Temporary Food Service Events (bi The local HRS county public health unt~ shall kee~ a reco:d of ~cLli:ie: - Soeci'~' If the fo~ service ogeration r,an-~tentl~llv hazardous fo~ o: drink, cucinc ~:c~ar~ (bl ~erhe~ ~otection sn~l provided at all fo~ se:vice opera:ions when fo~ is ~ceoar~ of ~rtioned on ~remi~e~. (Ci When ~:entlall'~hazacdous fo~ is pce~a:~ a: '~:o~ ~e~vice -vents of ~ce :h~n 3 daYSz the ohvsLcaL 13.024 of this chaote:. ice ~hen: (al The sto:aq~_fac:LLtv ~s ~u~J~.~d ~lth adequate draln~ '~h!ch ofec1u~q clean. are maintained in the become soiled. c!eanlnq and e,~olovee hand'~ashln~. ~m adeouate su~ol~mav be. D~ovided In clean ~e ~vail~ble for har~ashinq ~nC har~ d:vlnc. 2O .I. NDIVID..UAL' BOOTH NOTIFICATION FOP~~. FOR TE?,PCRARY EVENTS Types of food or beverage to be served: -. ~.~. Florida Administrative Code, Chapter !OD-!3 re.cuire~ all food to come from an approved source. All food stcraqe, preparation and utensil cleaning for this event shall ncr be done in private komes. Lo'cation of ~". ("I,,~C>'.:.:',t -i~.'.", ;~>'I~ ~v~nced food ;;reparation: '~ How will food be transported to event location? Method of keeping food hot and/or cold at event Method of cooking food at the location: Food must be protected from dust, insects, flies, coughs, sneezes. Ho'-' '-'ill you, provide this protecticn? 13escribe type ................... Adeqyuate facilities and supplies shall be providod fcr employee hand'was~hing Ho'w '-'ill you provide this? For Information and Assistance contact: Environmental Health & Engineering Dept - (813) 643-8499 Excerpt from Ordinance ~;o. 75-11 Filed Secretary of State 3/6/7t 6 C.~'_~ 3. Application and Fee for Permit. A minimum of t'~enty (20) days before occupying tke carnival or exhibition site, an application for a permit shal! be submitted to the County ~anager in four (4) copies accompanied by: a. A surety bond in the penal sum of $2,505, issued by a company authorized to issue such bonds in Florida, conditioned upon the operator complying with each provision of this Ordinance and subject to forfeiture under the terms provided in Paragraph 8 hereinbelow. b. Evidence of current public liability insurance coverage, issued by a company authorized to do business in Florida, in the minimum amount of $100,000 for any onn person and $300 000 for any one incident. ' - , c. A non-refundable fee of $200. d. A current occupational license issued by the Collier County Tax Collector, and e. Including the following information: 1) The name and headquarters address(e~) of the ~rnival or exhibition company(les) with a direct or indir.2ct finar, cia! lterest; name(s) and address(es) of any sponsoring organization(s), nd the name and local address of the applicant representing the arnival or exhibition company(les); 2) A description of the every activity to be conducted .~uch as but not limited to, menageries; circus and side-show perform- ,nces; amusem st, merry-go-round and other ride activities; food and 'rink dispens..ng facilities; booths for conduct of games of skill or nance not prohibited by State law to be open to the public for an ~mission or participation fee and number of persons to operate the ~tivities; 3) ~;ame, identification and social security number of ach person accountable for the operation cf each activity; 4) A description and sketch of the site showing the location of each activity proposed, the location and number cf sanitary facilities; parking facilities, and provision for lighting and public water; 5) Application for Food Establishment Operating Permit from the County Health Department as required by Ordinance 74-45. 6) The plan for refuse, garbage, debrief, and sewa~]e disposal during and after operation of the circus or exhibition. 7) Provisions for traffic control, fire safety and security precautions; 8) The date and time each activity is to be cond[~cted and concluded; 9) Written approval from ~he o~'ner of the authorizing the use of this premises for s~]ch carnival activity. i0) Legal description of property to be utilized. 8 0 COLLIER COUNTY PARKS AND RECREA T/ON DEPARTMENT MEMORANDUM OF AGREEMENT SUMMER FOOD SERVICE PROGRAM The District School Board of Collier County (SchoOls), whose address is 3710 Estey Avenue, Naples, Florida 34104, agrees to furnish approximately 3,500 meals per day to the Collier County Parks and Recreation Department ISponsor), whose address is 3300 Santa Barbara Blvd., Naples, Florida 34116. Meals will be prepared and be available for pick up by the Sponsor at Gulf Coast High School Immokalee High School and Highlands Elementary School in accordance with a mutually agreed schedule. The estimates for meals are: 3,000 lunches per day at $1.85 per lunch. 500 breakfasts per day at $1.20 per breakfast. Each meal is to meet the specifications as set forth by the U.S.D.A. Summer Food Program Regulations, ?CFR Part 225, as provided to the District School Board. Service is to begfi~ on July I, 1999 and continue until August 6, 1999, unless the program is terminated earlier by either party. The Sponsor agrees to request monthly cash advances from the Department of Education. The price of meals on this contract includes the full value of any U.S.D.A. donated commodities and all federal and state meal reimbursement. The Schools ,~hall hold the Sponsor harmless for safe food handling up to the time of receipt by the Sponsor. The .'ponsor shall hold the Schools harmless for safe food handling subsequent to receipt of the meals. The Schools shall prepare an invoice for all meals received by the Sponsor at the end of each month. The Sponsor agrees to reimburse the Schools upon verification of the invoice and within 30 days. IN WITNESS WHEREOF: Tl~e parties hereto have caused this agreement to be executed by their duly authorized officers. ,4 TTES T: DWIGHT E. BROCK, CLERK Wi~L~s for School Witness ~or School Board BOARD .OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA t~amela S Mac'Kie, Chairwoman DI,$7'RIC T SCHOOL- BOA RD, COL L/ER COUNTY Nelson A. -~aerber Jr., Approved as to form ~nd legal sufficiency: COLI,IER COUNTY PARKS AND RECREATION DEPARTMt~NI' MEMORANI)UM OF AGREEMENT SUMMER FOOD S[iRVICE PROGRAM 16C 5 G.A. Foods (Vendor), ,.','hose address is 12200 ~_ Court N. St. Petersburg. Florida 3371& agrees to furnish approximately 3,000 meals per da,.' to the Collier County Parks and Recreation Department (.";pon';or) ',',hose address is 3300 Santa Barbara Boul[,vard. Naples. l'lorida 2~4116. Meals ~>.ill be prepared and delivered to Naples High School. Naples and Bethune Educational Center. h'nmokalee. The est/males for meals arc: 3,200 lunches per day at SI .70 per lunch tdoes not include n'ulk v, hlch will be provided by the Sponsor) 5292 charue per deliver' The milk will be provided by the Sponsor and the remainder of each meal ,s to meet tJ~c 5pcc~licatious as scl li)r'th by the U.S.D.A. Summer F~od Program Regulations. 7CFR Pa~ 225. as provided t,~ thc District School Board Semice is to begin on June 14. 1999 through June 30, 19(~9 and August 9, 1999 through August 13. 1999, unless the program is terminated earlier by either pa~y. '['he Sponsor agrees to request momh[7 cash advances from the Department of Education. The price of meals tm this contract includes the lhll value ,,~' any t~S [).A. donated commodities and all federal and state meal reimbursement. The Vendor shall b, .Id the Sponsor harmless for sat'z Ibod handling up lo tl~e time of rvccq~l by the ~[mnsor Thc sponsor shall hold ;.~e Vendor harmless for salk lbod handling subsequent to receipt of thc meals The Vendor shall prepare an invoice tbr all meals received by the Sponsor at the end of each month, l'hc Sponsor .agrees to reimburse the Vendor upon verification of the invoice and w/thin 30 days IN WI~'ESS ~]EREOF: The pan/es hereto have caused this aureement to be executed hx their duly authorized ofiScers. ~ . ATTEST: DWlGILIT E. ROCK. CLERK B¢),,\RD OF COUNTY COMMISSI()Nt..RS COLI.IER COUNTY. FLORIDA F'arnela S. Mac'K/e. Chaim'oman / G.,\ FO~ODS / Ken I.oBianco. V'ice-F'resident Approved as to form and legal sufficiency: Assistant Count, Atto[ney MEMORA/FDUM Date: May 26, 1999 To: Ron Jamro, Museum Director From: Lisa Steele, Deputy Clerk Minutes & Records Department Re: Item #16C6, approved Ma}' 25, 1999 Please ~ind attached one (1 original Historical Resources Grant-In-Aid Application to be signed by Florida Department of State. When the executed document is returned, please send one orginal to this office for our files. If you have any questions, call me at 774-8406. Thanks HISTORICAL RESOURCES GRANTS-IN-AID APPLICATIO.~J.. 6 ~ 6 PROJECT TITLE: Roberts' Ranc____hh APPLICANT: Collier County Government Collier Coun~ Count,,' Public Servi_ccs Divisitm AMOUNT REQUESTED: 5822.20_____~0 MATCII/LOCAL COST StIARE AMOUNT -~1 PROJECT TYPE__J._~.~ECK ON~ --- _E_x SPECIAL CATEGORY; ~ACQUISmON 8, DEVELOPMENT; ~SURVEY S PLANNING; ~C6~MMUNITY EDUCAIlO~: ~CLG; ~MAIN STREET; ~NON-MATCHING; ~MUSEUM GENERAL OPERATING SUPPORT; ~MU.$EUM EXHIBIT: ~_ MARKER 5~ TYPE OF APPLICANT: __NON-PROFIT ORGANIZATION; z...E._GOVERNMENTAL AGENCY; ~ FOI?,oROFiT ORGANiZA Tk~jN 61 In the space provided below, briefly describe the project and the property or proper'lies for which fund ~! is requesled: do notuttach additional sheets. Thc project will establish the stabilization and rehabilitation of 16 buildings and 6 s~te featum.~ original to Roberts' P. anch (I 914-1977) for ~sc as a h~ mg history museum located on 15.2 acres in Immokalee. FL. Plans are to stabilize and rehabilitate the s~te as quiff,'ly as possible to prese,'vc the rapidly-deteriorating buildings and have the museum open to the public in less than three year ~. The first phase will be to select a team of enjincering and museum consultants led by an architect experienced in historic preservatic~. The consultant team will prepare dr,~ gn and const~clion documents for the rehabilitation of the buildings and features. Phase ~vo will be the selectio~af a contractor for the ~:babilitation work. Thc third and final phase will be the construction work necessary to complete the plan described in thet~structmn documents. Thc construction phase will include contract admini~ ,'ation by the team of consuhants. All phases will be overseen by Cc/~er County Museum p~3t'cssmnals experienced m h~storic preservation pr.:2ects. Upon completion of the final phase, the buildings and site features will be restored to their respective periods. The Rm,:h and ~ts grounds wil be used as a living history museum. Existing original materials will be restored, keeping the useef' new materials to a mm m~m~. Original paint m good condition will be left on the surfaces and, in cases of severe degradation, scraped and re-pain~[ with the original color Straclural work ,,viii include pouring new footings, righting frames of leaning structures, roof and siding repairs, where necessary. The original wau:r tower, essennal Io tic Ranch's operation, was located behind the main house. No longer extant, it will be rephcated using pictorial documcrra, tion and m formation gathered from Roberts family interviews. The Church currently located on tract E will be mm. cd to tract D for usc as a Visitor C.7cnler. Thc Church ~.~as moved to the property m t995 and blocks site lines to the main house. All work wdl be ca~sistcnt with thc Secret= y of the Intcrmr's Sta~dards for Rehabilitation and guidelines for Rehabilitating Hi~ofic Buildings. Roberts' Ranch is one of Collier County's premier historical resources and one of Florida's be:st and last examples of an authentm turn-of-the-century cattle ranch, grove and pioneer homestead. The buildings and features have sur,'/ved remarkably intact and are ideally su"cd to ~csloration and re-use as a living history museum. A significant resource for the County and State. the Ranch retains much of its historic character. The original, in sim buildings seen against acres of original orange grove and fields, will teach the visitor abou~ farming and raw'bmR in early Florida. The physical relationships among and between the buildings and silo features give clues to everyday life and work on thc Ranch. Encompassing acres of buildings, features and grove, the museum will be open to the public and will attract local, state, natmnal and m:emational vmtors. Additionally, the site will serve as an ou:door classroom for local and regional students. As a satellite of thc Collier County Museum in Naples, Roberts' Ranch will be owned by Collier County Government and maintained by Collier County Facilities and the Collier County Museum Museum staff and department resources will be available throughout thc project. The museum will be staffed and operated by the County Museum with volunteer assistance from the Fnends of Roberts' Ranch, the local cmzens sup~n organization. 7 ) Provide a 3x5 photograph of the principal view of the property. Flor/da Dcnararmmt Of State Dwision of Ilistorical Resources Form IIR3E210695 (Effective July 1996) ilISTORICAL RESOURCES GRANTS-IN-AID APPLICATION $) PR___OJECT INFORMATION: STREET ADDRESS: Roberts Avenue and SR 29 lmm&alee, FL 34142 COUNTY WttERE PROJECT IS LOCATED: Collier COMMLrNITY POPULATION 19 342 COUNTY POPULATION 198 093 9) APPLICANT INFORMATION: ORGANIZATION NAME: Collier County_Government, Collier Court--lief County Public Services Division ADDRESS: 3301 Tamiami Trail East CI'D': Naples STATE: FI. ZIP 34112 APPLICANT'S FEDERAL EMPLOYER IDENTIFICATION NO: 59- 6000558 SAMAS NO.: (STATE AGENCIES ONLY) 00100000 CONTACT PERSON: Rna Jamro DAYTIME TELEPHONE NO: (941) 774-8476 EXT. FAX NUMBER:, 9419..4_L[z.-774.858f~} .... 10) State Ilouse Of Representatives District Number And Name Of Representative For Project Location. DISTRICT NUMBER(S): 7'/~_ REPRESENTATIVE:~ratt State Senate District Num >;( And Slale Senator For The Project Location: DISTRICT NUMBER(S): 29 SENATOR: Sleven Geller Congressional District Number And Name Of U.S. Congressional Representatr.'e For The Project Location DISTRICT NUMBER(S):. 14 CONGRESSMAN: Porter Goss I I) APPLICANT'S GRANT IlISTORY: tbs the applicant recer,'ed previous grant assistance from the Department of State'? If >'cs, specify Ihe }'ear, thc project name, thc Division which av,'ardcd thc grant and thc amount of thc award. YEAR DIVISION PROJECT NAME A~VARD 1985 Archives, History & Records Management tlistorical Site Survey, Collier County $3,500 1996 Dcpanment of State, tlistoric Resources Museum of the Everglades $360,902 12) INDICATE EACtl TYPE OF HISTORICAl. DESIGNATION CURRENTLY ttELD BY THE PROJECT SITF.: Individual National Register Listing; ~ National Register District - Contributing Site; x Individual Local Designation; ~ Local District Designation - Contributing Site: ~ None Of Thc Above 'i'3) INDI~TE, . THE LEVEL(S) OF LOCAL PROTECTION CURRENTLY AFFORDED THE SITE/AREA: Local Ordinance __ Local Ordinance Design Review __ Preservation Or Conserva,on Easement ~ Protective ~2ovenant .. Maintenance Agreement ~ Other: (Specify)_ "' 14) Provide a brief explanation of Immediate threats to the site or area such as proposed demolition, extensive structural damage, on-going site disturbance for archaeological sites, planned re-zoning, etc. Roberts' Ranch recently survived the threat of modem development due to the Roberts heirs' stewardship and the generosity of thc family and Collier County. The family's donation of 6.4 acres in 1996 (tract E) and the County's purchase of 8.8 acres in 1999 (tract D) have made the land available as a museum. Threats to the buildings include insect and animal damage, leaks and wood rot due to roof failure, structural loss due to failed or non-existent concrete foolings, overgrowth of vegetation on buildings and features, mold incursions in the main house and on its contents, and the presence of flammable materials. Vandalism played a pan in some of the destruction of the property. It has been mitigated by the installation of chain link fencing and a security system, but it continues as a threat, nevertheless. The acceleraled rate of deterioration is evidenced by examples such as Ihe collapse from 1993 to 1999 of the cane barn (just a roof on the ground) and leaking roof of the main house. tlISTORICA [- RESOURCES GRANTS.IN-AID APPLICATION 16 C 6 PAGE ~, 15) Indicate the level(s) of project Activities completed to date: Architectural: __ Feasibility study; Schematics; Design Development; .. Construclion documents; Other; None Preservation Planning: __ Design Guid---~lines; __ Preservation Ordinance; __ Preservation Element; x.L_Other: None Archaeological E~cav,,tlon: Research Design; Excavation; Analysis, Curation, Conservation; __ Olher; None Museum E~hlbtt: ~Research"~ Script: ~Ani-'-fact Selection; ~Design; . Fabrication; __ Other; ~ None If other, describe: Preliminary Master Plan and Assessment for Structures, Tract D, 7/93 (sulxrseded by County's purchase of 16) Pro'ecl timeline: on rah below indicate all the ma'or eleme~ct and the amount of time re u',ed to corn ~ (Special Category Projects Only'~ ' -- : MONTH: I 2~. 3 4 . $. :6 ?-':' 8 ' 9 10:.',!1 , 12.: 13 ~ ::14 "I?15 .16 17 18 19 20 21 .ACTIVITY: x Consultant Selection x x Documentation of Existinf:Conditions ' C. x x x Desit:n D. x x x x Constructi,m Documents E. x Contractor Selection F. x x x x x x x x x x Construction G. tl. 17) Describe the malor eements of the project and indicate the entitles (i.e. Consullant, in-house, volunteersl responsible for each element. A) Select and hire pres, vation Consultant Collier County Staff B,C,D)Documentation of,: ¢isting conditions, design and construction documents Consultan! E) Contractor selection F) Construction Collier County Stall F) Construction administration Conlractor A-F) Grant administration Consultant, Collier Count), Staff Collier County Staff 18) What is the anticipated annual Cost Of h, lalntenance of the Historic Property, Archaeological Site, or Museum Exhib, upon completion of thc project; and what is the source of the funding? Cost of maintenance upon completion of the project is $24,600: Electricity $3,600 Maintenance Equipment & Supplies $6.O(~') Water & Sewer 1,500 Mowing ,1,000 Security System 1,000 Fuel & Lubricants 1,$~i Paint, repairs, c~c./amoni;,cd over I0 years) $7,000 Funding is expected to come from Collier County Government General Fund and Tourist Development tax revenues. 19) Provide a brief description of the Educational Benefits this project will have on lhe local community aid thc slate. Please enter Ihe current or anticipated annual visitation In space provided below. Rubens' Ranch will be developed and designed to acquaint and educate the public, both residents and visitors, to lmmokalec's settlement, 1873) rich farming and ranching past. Roberls' Ranch, an outdoor classroom, ,,','ill enrich lhe school classroom experience by presenting a wide variety of educational programs designed to complemenl and expand on elementary and secondary school curricula. Site tours, lectures, exhibits and living history programs will accommodate a large, culturally diverse audience by using an object-based, hands-on approach. The museum will be available lo Ihe .31,000 Collier County studenls. Annual field Irips for Ihe 5,000 fouah and fifth grade sludents studying Florida history and for the entire student body of Immokalce schools (4,449) are expected. Currently, lmmokalee studenls must travel 45 miles to the nearest cullural institution. The museum will have an imponanl role in teaching aboul Immokalee's past and relevance to its present and future, as farming continues to be an economic factor in the community. The museum will develop adult louts Ihat include tours in other languages, such as Spanish, German and French; a sensory tour for the blind that includes handling certain reproduction materials and a "scenl" lout; and tours in American Sign Language. An orientation video will be shown in the Visitor Center. Annual Visitation 25,000 '"'1'^1 iE 4 20) Provide a brief explanation indicating the dlrecl ~ of this project on minorities and the disabled. Include any alteratmns to the site that will make the site more accessible to the public.-'--~ Immokalce is a diverse community that includes liispanics (79.3o/,), Blacks (6.?°/0), Native Americans (less than 3%) and Caucasians (6.7%). The region h~ bccn a f~ing community since 1873, with Ibc Robcds family and Ranch playing major roles in thc pros~rity and dcvclopmcnt of ~hc city. M~cm residents will bc given Ibc op~flunity lo study the ways ora pioncct ranch, comparing simil~itics and diffcrcnccs in mcth~s. Fu~hcr, community pddc will ~ bolstcrcd through the rcco~ition of thc imbalance of fa~ing and ranching lo Florida's histo~ and economy. School programs Mid at thc Ranch will ~c all students and ~ht high concentration of Ilispanics in thc region (llispanics in Immokalcc account for 4~% of all Ilispanics in Collier County.) Tours in Spanish will be dcvelo~d. Eve~ attempt will be made to make ~he Ranch grounds and buildings as universally accessible as is reasonably ~ssiblc while maintaining thc historic integrity of thc site. Plans incl~c a video to be sho~ in thc Visitor Ccntcr of thc entire site and of those are~ lhat ~c inaccegiblc; tours designed for the blind; and tours given in American Sign L~guagc. ~ncf explanation of tH~ Direct ~ tha project will have on thc su~oundmg comm,n,y Include any mlbrmauon regarding number of jobs it ~:ill provide, if known. lmmokalcc has recently received new financial incentives geared to stimulating its economy. The museum pro ecl will be a major parlncr in ventures that include the Immokalce Regional Airport Industrial Park and Foreign Trade Zone, Seminole Gambling Casm~, hnmokalce Drag Strip, the restoration of Lake Trafford and Main Street Program. An Enterprise Zone, the Federal government granted the area 52.5 millmn dollars fc, r ',ousing, joh training and othcr economic incentives. The Ranch will play an important part in thc City's plans to strengthen economic growth in Ihc quickly-growing business of cco-hcritage tourism, spurred by funding to clean up Lake Stafford for ecologically based pursuits and thc success of Corkscrew Swamp Sanctuary (I 00,000 visitors per year). Roberts' Ranch would work v.'ith mher businesses in town to bring more visitors lo tl~c arco, locally, nationally and internationally. Roberts' Ranch will bc active in the local Chamber of Commerce and state tourism group, i't~lr 22)~SITION & D~CATEGOR¥ ! ~ 'ROI EC ' '-" . IS: Provide The pates Of Ori;;,nal Construction: 1914-1965 Ali ~ Alterations: .! 924, Main l louse buih, 196tFs Main I touse intcrio_r; And Thc Florida Master Site File Number: 8CR639 .............. fAttachcopy, oflhe Sitc File Form as Attachment Mi Original Usc: Cattle Ranch & Homestead Current Use: Vacant Proposed Use: Museum Roberts' Ranch is important as one of the oldest remaining intact ca,te ranches in the state. Retaining all of its hatoric d aracter, the Ranch has most of its original buddings in their original locations, seen against the backdrop of one oflhe oldest orange groves in Collier County The Ranch embodies the pioneer tenacity Ihat was essential lo success on the Florida frontier. The Roberts family came Io Immokalee m 1914 from O~na, Florida w/th 300 head o cattle and seven children. They purchased 60 acres of land in an area called thc "Old A lien Place," an earlier homestead with a 144 s f. log cabin. Their ranch. "Red Cattle Company," was in continuous operation from 1914 until 1977. Robert Roberts, Jr. {I 884-1963) was prominent in thc con reunify, founding the First Baptist Church in 1916, the Masonic lodge in 1954 (he donated land for both buildings) and the first post office I lc was one o1' Ihc first Commissioners of newly eslablished Collier County in 1923. For Acquisition projects, provide the Full Purchase Amount $ and thc acreage of the property to be acquircd The maximum grant share for an acquisition project shall nnl e~ceed 50% of the vahle oflhe property as determined hy the appraisal; the: average of tv, o appraisals, If two ,,','ere obtained; or the averaRe of the closest tyro appraisals, If more than hsn '.','ere obtained: or $0% of the purchase amount, v, hlchever Is less. 23) FOR ALI. SURVEY & PLANNING GRANTS: For Surveys, indicate the types of historical resources to be surveyed. LiST ANY PREVIOUS SURVEYS IN TIlE PROPOSED AREA. Indicalc the anticipated Number of Ne'a' Sites Io bc recorded and the _A. crea~e to be covered in the survey area ..... Ibc annc~palcd .N.'Umber of Florid~ '/itc File Form I;l,lale~ __ For National Register Nominations, indicate the number of anticipated Individual Nora natlon~, Will a multiple property cover nomination be produced? ~ yes, __ no. l)lstrlcl Nominations... 2,~) F_OR ALL COMMUNITY EDUCATION PROJECTS: . s For Audio-Visual Productions Book Pam hlet Welkin Tour Rroehure~, etc., Explain how thc product will be Marketed and/or Dis ribu e , How many minutes/pages is the product? How many copies of the product will be produced? If the printed/media materials are proposed for distribution, will there be a per itcm charge? yes __ if' yes, provide thc estimated charge. __ no. For Educstlonal Materials, is the local school system actively involved in your project? yes no. If yes. describe their participation to date and anticipated participation in this project. -- -- Do you intend to integrate your project into the Florida Heritage Education Program? __ yes __ no. For ilistorlc Markers, Include Form No. IIIL1EI71294 from the Bureau of Ilistorlc Preservallon as Attachmenl !,. 2~) FOR ALL MUSEUM EXHIBITS PR~ eclal Cate o Museum Pro ects: -- Explain the t.!lstorlcal Theme for the Museurn Exhibit ~nd why it is important to Florida history. Roberts' Ranch is important as one of ihe oldest remaining intact cattle ranches in the state. The entire 15.2 acre site of the original 60 acres will be interpreted as the museum. The educational mission of the museum is to teach early Florida history via the Ranch site, lhe Roberts family history and any new information discovered through subsequent archaeological or archival means. Twenty.two buildings and sile features, orange groves and grassy fields make up the museum. All structures will be interpreted to their respective per/ods and original use. All relevant and period con,eats in exhibitable condition will receive minimal treatment and be placed on display. Buildings such as the main house (3,060 s.f.), bunkhouse (744 s.f.), and garage (450 s.f.) will be open to the public. Buildings, such as thc maid's house (I 20 s.f.), outhouse ([ 6 s.f.) and srnokchousc ( 192 s.f.) will be opened for view, but not entry, due to their size. The main house, a two-story wood-frame construction, built in [924 is furnished with original contents that include family photographs and Mr. Roberts' business files. The intact quali~y of the site allows for ewe in/ts interpretation. Visitors, few of whom have ever seen a bunkhouse, sugarcane val or stand-alone kitchen, will be able to truly experience the nature of life on an early Florida ranch. An orientation video at thc Visitor Center will "sci Ihe stage" for the self-guided tour. An information brochure and location signs will aid the visitor through the site. Specially designed tours for school groups, the blind and deaf will also b~ made available. Volunteer docents and staff will be available to answer questions. Preservation of the site includes the rehabilitation of the existing structures, the relocation of the Church (the oldes! remaining religious structure in Immokalee, I ~)28) from Tract E to Tract D for use as a Visitor Center, and the reconstruction of the original water Iower that was once located behind the main house. The Church, which was moved three other times in/ts existence, was moved to the Ranch in 1995. Founded by Mr. Roberts, the First Baptist Church played an important role in the history of Immokalee and in the lives of the Roberls family. Currenlly th,' Church is located near the Main House, obstructing site lines and confusing the interrelationships of the original buildings. The Church will be adaplively re-used for a Visitor Center. IIISTORICAL, RESOURCES GRANTS-IN-AID APPLICATION What is the square footage of thc museum exhibit? 15.2 acres. PAGE 6 26) FOR ALI. HISTORICAL MUSEUM GENERAl. OPERATING SUPPORT PRO,IECTS Describe the museum's management structure and governing authority: 27) Describe the museum's collections, collections management practices, exhibits, and educational programs Describe the physical facility, Including square footage of exhibit, storage, collections, and adrninistr;m,.e spaces: 39) Estimate the percentage of the museum's budget allocated to Florida history: Has the museum been open to the public for at least 180 days per year for each of the 2 years prior to the application date'? How many persons visited the museum in the last 2 fiscal years7 19 , persons 19 persons ....... Yes No. General Operating Expenses Excess (i)eficlt) of Revenue (),.'er Expenses FY $ FY FY $ F Y FY $ FY IIIS'Ir)RICAIo RESOURCES GRANTS-IN-AID APPLICATION Object Roberts' Ranch Projecl Cosl Estimate for Rchabililalion, kcconsli'ucdon. Rclocahcn and Sttc 'Work May 1999 Tract D Tractor shed Horse barn Kitchen Smokehouse Bunkhouse Pump shed Cane vat Well Horse ramp Horse stall Fencing Original tog foundation Work Estimate rehabilitation 6,000 rehabilitation 36,000 rehabilitation 15,500 rehabilitation 3,000 rehabilitation 22,000 rehabilitation 2,000 rehabilitation 1,000 rehabilitation 1,500 rehabilitation 1,000 rehabilitation 3,000 rehabilitation 6,500 rehabilitation 500 Tract E Main house Barn Garage Maid's house Smokehouse Outhouse Chicken coop Pump house Church Church Water tower rehabilitation 250,000 rehabilitation 2,000 rehabilitation 2,000 rehabilitation 3,000 rehabilitation 1,000 rehabililation 500 rehabilitation 500 rehabilitation 1,000 rehabilitation 172,000 relocation 8,000 reconstruction 20,000 JSub-total buildings 558,000J General conditions JProject Sub-total 70,000 628,000J Contingency Estimated construction costs Architectural & Engineering fees JTotal Estimated Cost 94,200 722,20O 100,000 822,200j I'AGI{ 7 IIISTORICAL R 'ESOURCES GRANTS-IN-AID APPLICATION 30) PROJECT BUDGET GRANT BUDGETITEMS FUNDS Rehablhtation Tract D Rehabtlitation Tract E General Conditions Contm.~encF Archttcctural c~ En~tncerm£ Colhcr County Board, 1999 Collier County Staff, Past Roberts' Family Contributions, Past _Friends of Ranch Contrtbutions, Past Collter CountF Government, Grant Period Coil!er County Stai~. Grant Pcrtod ,Friends o[Banch, Grant Period Collier CountY 3'her~[~s Office, Grant 98?00 460,000 70,0(}0 94 I I)O,O00__ S S $ S $ $ S $ S S S S MATCHING FUNDS/LOCALCOSTSHARE $ 622,783 _ $ 4,927 S 461,281 S 6,525 _ S 18,822 S~. 38,543. $ 32,257 $ 2,400 $ $ $ SUB-TOTAL 94,2O0 622.781 TOTALS $822,200 $1,187,53.8~ $2,009,738 ttlSTORICAL R '.~OURCES GRANTS-IN-AID APPLICATION PAGE 3~) Matching and Local Cost Share Funds: List the sources and amounts of confirmed matching funds. (For ~tcms involving personnel, indicate th number of hours to bc spent on project activities with their per/hour value and thc project activilics to bc pcrformcd.} For matching grant projects, funds must not be expended before execution of a Granl Award Agreement. For Special Category granl projects, clearly indicate I) thc resources contributed to the project during the preceding five (5) year period and 2) the resources available for thc pr{Ijcct during the pcricxl for which funding is requested. a. Local resources contributed prior to grant per~od I. Collier County Government Board of County Commissioners Fiscal Year 1999, Purchase of Tract D, (8.8 acres) 561h0,000.00 Real Property Office Services 17,500.00 (Environmental Assessment, Appraisals) Security System Installed. 1997 5,283 00 Total 5622.783.00 2. Collier County Staff Time Museum Director (R. Jamco) 45 hours x S34.80/hr = Museum Manager (D. Ridewood) 16 hours x $20.62 = Education Curator (N. Olson) 10 hours x 52483 = Curalor of Collections (C. Welch) 160 hours x $16.97 = Secretary (D. Gardner) 5 hours x 513.58 = Total 51,566.00 (Oversee project, meetings, 329.92 (Meetings, repons) 248.30 (Photograph site, inventory~ 2.715.20 (Inventory Main tlouse 6790 (Clerical supportl 54,927.31~' Roberts' Family Contributions Land value, Tract E, 1996 (6.4 acres x 530,000/acre) Appraised value of Tract E buildings Tolal $192,00000 269,281.(g3 S461,281.00 Friends of Roberts' Ranch Contributions Master Plan-C Yeddsng. 1998 Donations to Ranch fund Total $5,f~O(~)(51,O(~)donaledby Collicrti,mnty(;ovcrnment) $6,525.00 Local resources available during grant period Collier Count' Government Pack and Move Collections Storage and Work Space 18 months x 5600/mo.= Fumigate Buddings 9,125 s.f. x .66= Total 52,o00.00 ] 0,800 00 6 ,(12200 $18,822.00 Collier County Staff Time Museum Director (R. Samro) 400 hours x $34.80/hr = 513,920.00 (Oversee project, report to Cmnmissioners) Museum Manager (D. Ridewood) 693 hours x 520.62 = 14,289.66 (Project site manager, repons l Curator of Collections (D. Southall) 520 hours x $17.26 = 8,975.20 (Photo, inventory, remove ob)cc:s-storage) Secretary (D. Gardner) I00 hours x $13.58 = 1,358.00 (Clerical support for teportsi Total $38,542.86 Frtends of Roberts' Ranch Contributions Volunteers 2000 hours x $5.15 = Immokalee Nature Center Pledge Total 510,30000 24,957.10 $32,257.10 (Assist Staff) Collier County Sheriff's Office Inmate Labor 400 hours x 56.00 Grand Total Local Cost Share $2,400.00 $1 ,I 87,538.28 (Assist in site clean up. debris hauling) ItlSTORICAL RESOURCES GRANTS-IN-AID APPLICATION 16C ' PAGE 10 CERTIFICATIONS 32) Applicant certification: This certification must be si~ned by the duly authoriz~ed representative of the applicant organization or agency before the application ,,viii be considered for funding assistance. I certify that the information contained in this application is true and correct to the best of my knowledge, and that I am the duly authorized representative of the applicant. Name (type or print) Ron Jamco Agency or organization Collier County Museum Title Director Signature ~ ~ Date _~5__/__2_ 5_ / 9 9__ 33) Owner concurrence: lfthe applicant does not own the property, the owner of record must sign the following statement indicating concurrence with the proposed project and this application tbr grant assistance. 1, the undersigned, am the ovmer of the property identified under item 8) Project Informal.m on Page Two of this application and hereby' acknov, iedge my support for and full concurrence with this application. Name (print or type) Signature Date Address City State Zip Day'!ime telephone FAX Nmnber 34) Agreement to Execute Reztrictive Covenant (SPECIAL CATEGORY & ACQUISITION PROJECTS ONLY): For projects involving historic properties and those involving archaeological sites which will be maintained subsequent to the completion of the project, the owner, long-term lessee or other responsible party must sign the following statement indicating agreement to execute a 10 year restrictive covenant to tm; xvith the property deed, should a grant award be made. I, the undersigned, am the duly authorized representative of the ..X_ ow,'ner, __ long-term lessee, or ___ other organizalion or agency having responsibility for maintenance of the property identified under item 8) project ln['ormation on Page Two of this application subsequent to completion of the project for which funding is requested. I hereby' indicate agreement to execute a restrictive covenant th. rough which the organization or agency I represent will commit to maintenance of the referenced property in accordance with good preservation practice and the applicable standards and guidelines of the Secretary of the Interior for a period often years. I further agree that the organization or agency will not make any modifications to the property (other than routine repairs and maintenance) without review of the plans and specifications by the Bureau of ttistoric Preservation and that every effort will be made to design any modifications in a manner consistent with the applicable standards and guidelines of the Secretary of the Interior. type) ~,qamela Mac'Kie ,t Name (print or _. - , . lc ,~"~ ' . Address '.330~ 3~a~iatai, Trail Eaa~ __Title Cha i c wom0_rl ,,.'., '~' State FL Zip. 34112 City Da.im~l_h~'e~' (9,~1~.) 77~"-"806~ r~Nmber (941) 774-3602 ~[SS:. :'. '.... '. 57'. .:, ' ~ ..'.'.:~ ~:~ %}gnature onll. "' _ - HISTORJCAL RESOURCES GRANTS-IN-AID APPLICATION 'i ~ ATTACIIMENT CitECKLIST .... PAGF. I I 35) '[he following supporting documents are attached to this application: Attachment A: Civil Rights Assurance of Compliance form (One original and thirteen cop~es) (ALL I'ROJF. CTS). Attachment B: Documentation of Confirmed Match or Local Cost Share (One original and thirteen copies) (ALL PROJECTS). Attachment C: Letters of Support, Endorsement, or Resolutions (One original and thirteen copies) (A l.l. PI~,OJECTFS). Attachment D: Photographs describing the existing condition of the property or site (One set of photographic prints and 13 xerox copies); and One 35 mm color slide of the property (ALL PROJECTS). Attachment E: If completed, architectural project schematics or construction documents (ONE SET ONI.Y) (ACQUISITION AND DEVELOPMENT and SPECIAL CATEGORY PROJECTS). Attachment F: If completed, museum exhibition designs with appropriate sketches {One original and thirteen copies) (MUSEUM EXttIBIT PROJECTS ONLY). Attachment G: Letters of commitment from participating institutions for traveling exhibits (One original and thirteen copies) {MUSEUM EXttIBIT PROJECTS ONLY). Atlachment H: Samples of reviews, programs, and brochures of the museum (One original anti thirteen copies) (MUSEUM EXtiIBIT and MUSEUM GENERAL OPEPATING SUPPORT PROJECTS ONLY). Attachment I: For Museum General Operating Support: an independent financial rex iew or audit for tile previous fiscal year, if available, or a detailed breakdown of the operating budget of income and expenses fin the prcviot,s fiscal year (MUSEUM GENERAL OPERATING SUPPORT ONLY: Fourteen copies). Attachment J: For non-profit organizations only: proof of non-profit status (Four, cch copies) (Al.l. PROJECFS). Attachment K: For Acquisition projects only: an independent appraisal (two appraisals are req,ired il' tl~c value ofthe first appraisal exceeds $500,000); an ownership and encumbrance search; and an executed option or purchase agreement. Attachment L: For historic marker projects only: Florida ttistoric Marker ApplicaI:on Form No. itR3E171294 (Fourteen copies). Attachment M: Copy of Florida Master Site File Form (Fourteen copies) (ACQUISITION AND DF-VELOPMENT and SPECIAL CATEGORY PROJECTS). 6C " HISTORICAL P.F~OURCES GRANTS-IN-AID APPLICATION A'KrACHM£NT A PAGE 12 U.S. DEPARTMENT OF THE INTERIOR NATIONAL PARK SERVICE CIVIL RIGtITS ASSURANCE OF CO1HPLI.,S~CE Col 1 i_ e c Count~ BCC (hereinafter called "Applicant-Recipient") hereby agrees that it will comply with ' Title VI of the Civil Rights Act of 1964 (P.L. g$-352) and all requirements imposed by or pursuam to the Department of the Interior Regulations (.13 CFR 17) issued pursuant to that title, to the end that, in accordance with Title V! ,~f the Act and the Regulations, no person in the United Stales shall, on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the ^pplicant-Recipient receives financial assistance from the Florida Department of Slate and hereby gives assurance that it will immediately take any measures to effectuate this agreement. The Applicant-Recipient also agrees to comply with Section 504 of the Rehabilitation Act of 1973 ~md the Age Discrimination Act of 1975 and all requirements imposed by or pursuant to the Department of the Interior Regulations {43 CFR 17} issued pursuant 1o these titles, to the end that, no person in the United States shall, on the groun~ of disability or age be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Applicant-Recipient receives financial assistance frorn the National Park Service and hereby gives assurance that it ,,,,'ill immediately take any measures to effectuate this agreement. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Applicant- Recipient by the Florida Department of State, this assurance obligates the Applicant-Recipient, or in the case of any transfer of such property, any transferee for the period during which the real property or structure is used for a purpose involving the provision of similar services or benefits. If any personal properly is so provided, this assurance obligates the Applicant-Recipient for the period during which il retains ownership or possession of the property. In all other cases, this assurance obligates the Applicant-P, ecipient for the period during which the Federal financial assistance is extended to it by the Florida Department of Sta~e. This assurance is given in consideration of and foe the purpose of obtaining any and ali Federal grants, loans, contracts, property discounts or other Federal financial assistance extended after the date hereof to the Applicant-P, ecipienl by thc bureau or office, including installment payments alter such date on account of arrangements for Federal financial assistance which were approved before such dale. The Applicant-Recipient recognizes and agrees that such Federal financial assistance will be exlcnded in reliance on the representations ,,nd agreements made in this assurance, and that the United States shall reserve the right to seek 5udicial enforcement of this assurance. This assurance is binding on the Applicant-Recipient, its successors, transferees, and assignees, and the person or persons whose signature appear below are authorized to sign this assurance on behalf of the Applicant-Recipient Pamela Mac' Kie ~res~el/, ~'ai~nTB~'~ard o~ F T/~ Comparable authorized Official) 3301 Tamiami Trail Eas~, Naples, FL 34112 APPLICANT-R~CIP~£NT'S ~AIL[NG ADDRESS Approved as to form & lega~l sufficiency Count'y ~florne~9 16g 7 MEMORANDUM Date: To: From: Re: May 26, 1999 Marilyn Matthes Assistant Library Director Ellie Hoffman, Deputy Clerk Minutes & Records Department Grant Applicant Certification and Supplemental Grant Application Certification Enclosed please find four original documents as referenced above, approved by the Board of County Commissioners on May 25, 1999 (Agenda Item #16C7) . Kindly return one fully executed original cf each Cccument Go Minutes and Records. If you should have any questions, please feel free so contact me at (8406) . Thank you. Enclosures Grant Applicant Cmrfification Purpose The purpose of Gates Library Initiative (GLI) grants is to expand the availability of public access computing, and to provide access to the Internct and to digital information through the public library. Eligibility Standard To be eligible for a Gates Library Initiative Grant, a libras).' must be recognized by thc State Library. of Florida as a public library, be open to public use acting as a public library (not as an administrative facility), serve an area of over 10% poverty, and not have previously received a GLI (or GLF) grant. In making this application, we certify that if the grant is approved: 1. The grant funds will be an incremental increase to other current and anticipated library funding and will not replace previously budgeted items. 2. This application is complete and represents the needs of this community. This library ~'~em meets the above eligibility standard for Gates Library Initiative funding. 3. All good faith efforts will be made to sustain the public access computing capability established by, this grant. Such efforts will be aimed at assuring that all computers and peripheral equipment are kept fully operational and appropriately supplied. Also, ever)' effort will be made to assure adequate public funding for the proper maintenance and eventual replacement of the equipment provided by this grant. 4. The applicant understands that grants ~411 be made onb' to public libraries that provide unmecliated access to computers for public use, and will operate and administer the computers and Intemet access without charges or fees to librar)' patrons. Signatures: ~brarySynem Collier County Public Library Library Director: Name_.dohn Date Library Board Chain. Name Ja~ulyn K. Derinq Si amre j, Date V ~ "q-/, 7/9~-~ Appropriate Local Funding AuthoriW. BOkRD OF COUNTY C~IMISSIONERS OF ',~OLLIF. aR COUNWf, Name parmla S. IKar~'gi~, ('h~ir,a~lnan Tide Date / Approved as to fo~m and legal sufficiency: Thomas C. Palmer, Assistant County Attorney FLOR I DA AS'T ES.T: D~ight/~7%Brock, Clerk. Attest az to thai'man's stgaLtur, onlj.. 16C 7 it. Supplemental Grant Applicant Certification Purpose The purpose of this Supplemental Grant Application is to provide the libraries of the State of Florida with state-of-the-art training facilities, that are located in larger libra_D' U, stems, and able to be used as a statewide resource through mutual suppo~ and cooperation. Eligibility Standard To be eligible to receive this Supplemental Grant to host a Training Lab, a library must be recognized by the State Library of Florida as a public libr.'u?', open to publk use acting as a public libraO' (not as an administrative facility,, and be willing to commit to the use of the Lab for cooperative statewide technolo~' training programs. In making this application, we certif5' that if the supplemental grant is approved: 1. The grant funds will be an incremental increase to other current md ,mtJcipated tibra~;' funding and will not replace previously budgeted items. 2. This application is complete and represents the needs of this commurfity. This libras5,' svs'tem meets the above eligib;,]ity standard for Gates IAbraO' Initiauve funding. 3. ,~t] good faith efforts will be made to sustain the Training Lab capability e~ablished by this grant. Such efforts will be aimed at assuring that all computers and peripheral equipment are kept fully operational and appropriately supplied. :Uso, every effort x¼11 be made to assure adequate public funding from state and local sources for the proper maintenance and eventual replacement of the equipment provided by this grant. 4. The applicant understands that grants will be made only to public libraries that provide tmmediated access to computers for public use, and will operate and admits'ret the computers and Internet access ~adthout charges or fees to libran, patrons. __ Signatures: Library System Library, Director: Name John W. Jones Signature Date ATTF/~T:. _Dw, i~hV-EI Br_~oqk, Clerk Collier Count'/ Public Approp~ate Locar un~~ f~ OF 2~qq~' ~ISSi~qEF~. i:F COLLI~ CO~TY, FLORIDA N~e P~ela / Library Board Chai~. Name Jaculyn K. Derinq Signature }-,~...G. ~ /&. ~~ Date 0 / 5-//'7/5 q ~ Thomas C. Palmer, Assistant County Attorney Project Narratives and Commitments Library systems serving Legal Service Area (LSA) populations of 100,000 or greater are eligible to apply for an additional grant to host a Training Lab consisting of a server and 10 networked workstations. The purpose of this Training Lab is described in the Grant Making Guidelines booklet. GLI views the Training Lab's five main objectives as noted below. For this supplemental application, and in order to qualify to host a Training Lab, please include narratives that address the points noted under each of the five objectives. Your narratives should dearly, enthusiastically, and emphatically address your purpose and interest in hosting one of these Labs. Lab Objective #1 To support the library system's ever pressing and on-going need for the ability to train library staff in the use of new and changing information delivery tools, such as the Internet, World Wide Web sites and search engines, electronic reference services. Address these points in Section 1 of your narrative: (a) Please describe your long-term plans for staff training, and how this Training Lab will assist you in meeting your objectives. (b) Please also describe where you would locate the Lab, indicating ks location within the building, and its accessibility to staff. Also include a floor plan showing the proposed Lab area, ks square footage, and its location within the library building. (c) Describe why this is the best location for the Lab within your library system. (d) Finally, please indicate who on your staff will be responsible for oversight of the Lab, and for staff training and development, particularly in the areas of applications software, information access tools, and the Intemet. Also, please describe how these duties fit within their overall responsibilities. Lab Objective #2 To provide a means for delivering patron-focused classes to assist them to be aware r of and familiar with the electronic information delivery services of the library, such as use of the Internet and the Web, and the use of electronic reference tools and soul'ces. Address this point in Section 2 of your narrative: describe your current commitment to patron training in technology and the use of electronic information sources, and demonstrate how this Training Lab fadlity will be used to enhance and'expand this training program. Lab ObjectiVe #3 · When not used for training purposes, to provide additional public access computing facilities for patrons of the library. Address this point in Section 3 of your narrative: provide a detailed description of how you ~ use this Training Lab facility for expanded public access computing. This narrative should directly reflect needs of your community as noted in your basic grant application, and your proposed location of the Lab within your library building. RESOI,I'TION No. 99 - 2a0 A RESOLUTION OF TilE [~()ARD OF COUNTY ('ONI,'vlISS;It')Nf.it,',S OF COLLIER COUNTY. FLORIDA. ESTABI.ISItlN(i ,AND IMPLEMENTING BEACtt PARKING FEES ,-\ND Rt'I.F.S BY THE COUNTY'S PARKS AND RECREATION DEP..\RTMI:.NT THAT SPECIFY THE DO('t'MENTATION REQUIRED 'I'¢) I'ROV}-~ ELIGIBILI'FY TO BE ISSL;I(I) A STICKER 'FO INI)I£'A'I t.. I'ItAT .,\ VEI4ICI. E IS F. XEMPT FROM PAYMF. N'F OF B[:.,,\('il FEES BASED UPON THE :\I'PI.ICANT'S RESIDEN("f IN COUNTY. FLORIDA; REP[:...\I.ING RESOI.UTION NO. WilEREAS, by adoption of Resolution No. 95-543 on ScptcT~bcr 2(~. 1~)'/5. ~hc Board of Counly Commissioners of Collier County, Florida. f{~r-n~allv aft~rmcd thc County's policies regarding fees for parking vehicles al thc ('t,t~t','-, bc;~cti parking facilities as specified iii that Resolution: and WIIEREAS, eligibility for exemption from payment ~l'laca~i, pnrkllL'.: l~:cs ~s based upon residency in Collier ('ountv because :icl x'alorcm tn'.~..:, assessed n[.'aiusl residential real proper't.v located in ('ollicr County. plus other la',c,, that :irc paid permanent residents iaartially pay lbr thc t'ountv's expenses and ~I~' <'ltv o1' Naples' expenses related Io the subject public beach t'acililies: such tnxcs :ii',,.' t',~ paid by persons who arc not pCmllallCllt rcsidcills o,c('t,llicr ('ountv OF ,.~ 11o do nol o:~ ;'~ ~,~lch real pioperly. NOW. TllEREFORE, lie 1'1' RESOI/~'Ei) I~,Y TIlE B():\I{I) OF ('()UN'I'Y COM,~IISSIONERS OF COl.iAl'il,t COUNTY. FI.OI~.IDA. that: SECTION ONE. FINI)IN(;S AND Thc above \VHEREAS CI.AUSI~S :irc incorporated herein verbatim in this section, These Rules may be amended from time-to-time bv Resolution(s) of Commissioners of Collier County. Thc Board of County Commissioners m~kes tile foltox,,'i~lg i]ndings 1. Most motor vehicles thal ;.~rc parked :~t thc ('otml~'~ l~cach facilities arc occupied by people who ~rc ~ot residc~lts of Collier 2. Costs to provide beach parking facilities and to police, m:~lm~in ami rcp~ir beaches, and to expand such parking facilities or construc! new ~cacl~ ?~rkmg l'acililics increase with the increasi~g nt~mbers of vehicles ll~at are parked al lt~,~c t~cacl~ l~rkii~g facilities. 3. This Resolution is to l'~cilitate collecliot~ of tl~osc p~rk~i-', flees. SECTION TWO. AI~PI,ICABI, E BE,~.Cil FACII,iTY I.t)(',~.TI()NS. Parking Ceos apply to tl~c followi~g beach p:trkii~ C;~c~litics i~ County. B:trefoot Beach Access. Barefoot Beach Park. Vandcrbilt Beach Access. Calm Pass Park. North Gulfshorc Bcacll Access. Tigertail Beact~. Sot~th Marco [:leach Park. Additional beach parkit]g tiicilitics m:~,; be ;tddcd to tl~s list t¥om time-to- time by Resolution(s) adopted by tile t~,oard ofCotmty Commissio~'~crs. SECTION TIIREE. BEACil FACIIATY PARKING FEES Thc Cotlrlty's beach parking fees arc: A. 53.00 per vehicle per day lbr each parking space that is nol mctcrctl; and B. Seventy-five cents (50.'5) per hour per vehicle for each p,,rk~ng space thal is individually metered. C. The fees are collected fi~rough parking meters or hv d~rcct collection by authorized county personnel at the respective heach parking t~cility. SECTION FOUR. VEHICI,E EXEMPTION FROM BEA('tl FACII,ITY PARKING FEES FOR PER?,IANENF (~()I,I,IER COUN'FY RESll)ENTS; PROOF ()F RESII)EN(~Y IN' CO! ,I .I El/COUNTY. A. No vehicle shall be cxcmpl t¥om any b¢;.tch facilitx p;,'k~n.~', fees unless fl~c vehicle displays a valid beach parkin~ slicker issued by Collier ('~tllalx c~r bv thc ('il,,' of Naples. Attached tt~ this I~,cstdution as Exhibit ",,\" arc Rule:, proposed bv tl~c Collier County Parks and Recreation [)cpartmcnt. entitled "Beach l:itcilltics Parkin~ l:ccs Exemptions - Documentation Required to Prove Residency in Coliier ('oul'lty." C. The attached Rules {Exhibit "A') arc hereby approxcd by thc Board of County Commissioners as thc Counly's policies regarding thc doct',mcnlaticm lhal is required to be submitted to County's staff to prove that thc applic:m: is eligible to bc issued a sticker to be affixed to a vehicle to indicate that thc vehicle is exempt from payment of beach parking fees at spccificd bcach facilities in ('ollier County. 9 SECTION FIVE. RESTRICTEI) PARKING AREAS. Pursuant to Section FOUR of Collier ('ounty Ordinance No. S(1-47, a~ amended, each parking space at any thc above-listed "Applicable Beach Facili~x I,~cations" is a geographic area where vehicle parking is prohibited except Ibr vehicles flu~t either display a valid vehicle parking sticker or the applicable beach parking fees ha~c bccn paid lo p',trk that vehicle. SECTION SIX. PARKING PROll I B ITEl) ..VI' "EX P l liED" P..\i,~ K I N (; ~ I E T E P.S. Pursuant to Section FOL/P, of Collier ('ounty Ordinance No. 80-47. as amcnttcd, at each of the above-listed "Applicable Beach Facility Locations" no parking <pu, c controllc{I by an individual parking mc~cr shall bc accupicd by any vehicle xvhcn ~,~ p;u'k~ng meter reads "expired." Such parking is "Im~hihilcd" except x~hon Ibc ~,:-pcc~i',c n~c',crud parking fees have been paid into the parking meier applicable m thc rc:4pcc~ive vd~ictc. SECTION SEVEN. PARKIN(; CITATi()NS. Pursuam 1o Chapter 89-449, Laws o1' Florida. as now or here;tiler :m~.cntlud. and ptll'.'qtlill'~l to Resolution(s) that may be adopted from time-to-time by thc IMaM of ('otmty Commissioners in conjunction wilh ('haplcr 89-4.19. ('oilier ('ountv I'ark P, angcrs arc authorized by that Special Act to issue parking citations at each bc;.tch facility in accordance with Ordinance No. 80-4'7. as now or hereafter amended, or as lhat ()rdinance may be superseded in function bv subsequent ordinance(s). SECTION EIGIlT . REPEAl, OF RESOI,UTION NO. 95-543. Collier County Resolution No. 95-543. expressing thc County's current policies regarding exemptions from these beach fi~cililies parking fees, adopted {m September 26, 1985, is hereby repealed in its entirety. This Resolution adopted tlns%~j clay' _ ............ after motion, second and majority ','otc favoring same. ATTEST: DWIGIt, T E. BROCK, Clerk B().ARD OF COUNTY COMMISSI()NI~R$. .' "x COI,LIER COUNTY, FI_ORIDA [3y' ._z -' " "Dcpufy Clerk ' PAMELA S. N,i.,XC'KItL ('h:Urv.,,man Approved as to f6~a and legal sufficienc¢: ,- Assistant County Altorney !.6C l(×hibit ,,\ 9 PROOF REQUIREI) TO StI()W TIlE RE.$1I)ENCY REQI'II~,EI) F()R COLLIER COUNTY FREE BEACii FACII.I'FIEN PARKIN(; I. PERMANENT RESIDENT: l~r,,',ol'required Ibr a beach f~cilit~cs frcc parking sticker based upon permanent residency ("domicile") in Collier Florida Driver's l..iccnse showing a Collier ('ounty residence adctrcss or (ii) Voter Registration Card showing a Collier County residence address, plus ,mc (1~ of thc following issued to thc person shown on the l')rivcr's l.iccnsc Registration Card for each vehicle that is to receive a sticker: Vehicle(s) owned by the Pern'fittcc. Florida Vehicle Registration of thc \chicle. Leased Vehicle(s). ,,\ lease/use agreement for the vehicle. Company Vehicle. Written permission from emplo)er authorizing ti)a: cmplo.xec to drive the vehicle that is to receive a sticker. Thc vehicle can be cmph~>cr-,~cd or {uhcrv, isc provided to the employee by the cmph?cr, such as vehicle leased t,x t}',c ,:mplo> ct. 2. RI-~SIDENT \VttO (.)\VNS ..\D V..\I.()RI.Lhl TAXI-t) Rt{$1I)i..NI'I.,\I. I~,l-..Xi. PROPERTY. This alternative is a~ailablc Ibr a person who is noi a permanent resident of Collier Cot~nty, or who is a pcrmancm resident but docs not chaosc t<, -.ubmit thc required to show his/her domicile in Collier Ommv, (.'mm~ staff muq see a I)rixer's l.iccnsc (valid in [Iorida but issued anywhere), and either a dccd or a then current real prope~y tax bill or other written proof shox~in~ thc fiqlowh~: l'uc title oxxncrxhip showing complete year-round title t,' Collicr County ad valorem taste real property in residential use owned by the person shox~n on thc IDrix'cr's I.iccnsc. plus ~mc of thc following issued to the person shown on thc Driver's I.iccnse: Vehicle Owned bv the Applicant. ('urrcnt Rcgistrati~mllbr anx~l:crcl I'o~ cauh ~chiclc that is to receive a parking sticker. I.eased Vehicle. A lease/use agreement for each leased vehicle that is to receive a sticker. Company Vehicle. Written permission from thc vehicle operator's cn:phLvcr authorizing that employee to drive the vehicle that is to receive a sticker. 'I hc vehicle can he employer-owned or otherwise provided to that cmph)ycc by thc cn~ploycr, such ;ts a vehicle leased by the employer. The above-listed proofs of residency and/or right to drive thc vehicle arc not ail-inclusive. Staff ma.,,' accept other proofs that in thc specific ca.sc show the rcqui;'cd ('oilier County domicile or residency and/or that person's right to drive each vehicle that is to receive a sticker. Each co-owner of thai specilic residential real property is an ",~ncr" of that real properly. Ownership of real property that docs not grant to thc frcc parking permiltc¢ rights to occupy same on a year-around basis, such as pan-time "time share" ov.'ncrship. is not sufficient proof of'eligibility Ibr a parking sticker. 160 1' iI. ESOLtTION 99- 2z:~ I/ESOI,UTION OF TIlE B()..\RI) OF ('OUNTY COMNII.SSI()NI']IIS. COLI~IER COUNTY. FI.ORII)A, APPROVIN(; A I,E:\SE X(iRI.;EMi.]NT BETWEEN COI,I,IER ('OI;NTY ANI) FI,OI/II)A (,1'1.1.' ('()AST UNIVERSITY FOIl TIlE UTII,IZATION OF ROOFT()I' $1'A('I.] ()N BUll. DING "I." AT l'ltE COI,I,IER (~OUN'I'Y GOVERN,XlI.iNT ('I.;NTILR. WHEREAS, Florida Gulf Coast ['n~vcrsity. a State University {"I-( ,( 't "}. desires t,, lease a porlion of rooftop space on Building "I." at file ('oilier ('ountv (}oxc~nn~cnt ('enter x~h~ch ~s owned by Collier County. a political sututix'ision of the State of Florida ~"( ,,llier ('(mtn,."l. ~n order to install and operale radio transmission equipment. ",VHER['?~,S. thc Lease :\grccmcnt pro,.ides %r one t l) initt'al tt.'n:~. ~,1 ;irc (51 ','cat,< xx itl~ five (SL five (5) vcar rcncv, als. 'l-t~erc shull be no charge !'t;r rent ~;' utilil;:, WHERE.,\S. the Board of County ('ommissio:~crs. in accordance ',~ ~h S, cctiot~ 123.3,q. Florida Statutes. is satisfied that this prt,l'~clqy is nccth_'d lyf \V(}('l ":4 tls~.' ;~nt] is nt,I ncc,.]c~] l;~l' County purposes. NOW THEREFORF.. BE FF P,I!SOt. V[:.I) i3'~' Ft~l! 17,(; \l<!) ¢)1 ('(>t"x'l Y COMMISSIONt.:.RS OF ('Ol.l]t']~, COl. 'NTY. I:L()RII)..\. that' I. The Board of Cc)tully Commissioners docs approxc between Collier ('OUllty' anti Florida (]ulf ('oasl Univer,,itv. 2. Thc ('Jmirv,'oman ofll~e Board of is herebv auflmrized to execute the attached l.case Agrc.,.'n~cnt. This Resolution adopted this ~:Ut:) 7 after motion, second and ma)orily ATTEST: ,D\¥IGI H' ~.'BROCK, Clerk ,, .. ~...~. %3'~.1,_ , Deputy ('lcrk lttest, a~ to t':,h~, ~'. . Approved as to £onn and legal suflici.encx: 'Ct !. ,. .... __"51 Heidi F. Ashton Assistant County Attorney 160 bclwecn Fl ORII).\ GULF COAST UNIV[!P. SIT'f. a State Univcrsnv. x~hosc n~filin,.z, address ,s 10501 FG('L' Boulevard. Fort Myers. Florida 33%5-0565. hcreinaflcr rcfcm'd u, as "I.I..NSI'.!!". and COI.LIER COUNTY. a political subdix~sion of the Stale oF Elorida. whosv !:~ai,in:~ address is 3301 East Tamiami Trail. Naples. Florida yl112, hereinafter referred to a.~; "I.t-'.5,5.¢ >!~" In COllSideration of lhc tlltlttlal cov¢~;aHIs contaiBcti l~eleitl, alld other the parties agree as Follows: ARTICLE 1. ~',5 LESSOR hereby leases lo LESSEE. and LF. SSEE hereby leases from l..I-ZS'qt .q~. a h~calu,, Buildin~ "I_" al the C~llicr County Government Complex m acco111111odalc OllC J] } i'M rccci~cr and one (l)~microwave transmitter operating at 95/1 MHz with a provision l;~r I I:SSEE'% hand-pass filter, hereinafter receded to as thc "Demised Premises". situated in thc ('ount> of' (',llicr and Stale of Florida. for the sole pu~osc of installing and operating equipment for ~k ( ;('fY and WNIK() radio stalions. I.ESSEE shall be granted ibc right to install a tlircctional FM rc~c~xcr antcm~a ami grid antenna Ibr the micro~vavc relay lo thc WMKO transmitter. Iht anlcnna~ ~hall lac motmtcd standoffs on the side of the penthouse atop Buikling "I_". The final location and mounling technique for the equipment shall bc appr.~cd hv Count>' Facililics Management Deparlmcn! and thc Radio Corn mmications ARTICI.E 2. ~ I. ESSI:.E shall have and hold thc l)cmiscd l'rcmiscs I'or a term of Iixc (5~ xcars cmmncm'inF on thc dale ii1 which this I.case is accepted bv thc LI~SS()R. I.[:SSE[. :s .grimlcd thc oplion. provided it is not in dcihult of any of tl~c lcrms of this lease. Io renew sltmc f,,t Iixc (51 :,ddi~itma] te~s of five (5} years under thc same terms and condilions, as provided bcrc~, by giving xkri~lcn nolice of LESSEE'S inlenlion to do so to the LESSOR I1Ot less than thirty 13('1 days prim' to thc expiration of tho leasehold cslate hereby created or thc rcnc~al term lhcn in cf~('cl. Said nmicc shall be effective upon placement of thc nolicc m an official depository el*Ibc [;ni~cd Nlalcs ['esl (>I'I5co. Registered or Cc~ificd Mail. Postage Prepaid. Either LF. SSEF. or I.[:.SSOR will hc allowed to terminate this I.casc b5 proxiding pa~v with thirty (30) day advance wrillcn notice. Said notice shall be cfl~clix c upon the ;:oticc in an official depository of thc lJnitcd Stales Post Office. Registered ,)r ('crlificd Postage Prepaid. I.ESSEE shall be grained an additional sixty (60) days from IJ~c albrcmcmioncd thMy (30} day nolicc period, if required, in order to secure and relocate l{, :m ahcrllalc operations conducted at the Demised Premises. ARTICLE 3. I.ESSOR agrees to l_case thc Demised Premises to !he I.F. SSEE without ,',,~t h~ thc l_hNN}(l!. ARTICI.E4. - :.-~ms ~ q~qr,,es I.ESSOR shall pay all t, tility charges pertaining to It~c l)cmiscd Premise.. includiH!? clectricilv and any other utilities used by LESSEE at thc Demised l'rcmiscs. 'L ARTICEE 5, Modificafig~l.s to Dcmisc~r~ Prior to makin~ any changes, alterations, addhions or improvcmemx h~ Ibc I)cmiscd Premises. LESSEE will pro~ id¢ lo LESS()R all proposals and plans tbr aJ!eralhm~, mqm~cmcms. changes or addilions to the Demised Premises for LESSOR'S written approval, spccil?ing in wriling ibc nature and exlent of the desired alteration, improvement, change, or additi{m, ;dong with contemplated starting and complelion time fi)r such projecl. LESSOR or ils desi?cc v. ill lhcn have sixty (60) days within v, hich to approve or deny in writing said request fi2r chan~cs, improvements. alterations or additions. I.ESSOR shall not unrcasonahh, wilhhoht hs conscm [o required appropriate ahcralions, improvements, changes or additions proposed by I.[~SSt(I It' after sixty {~,~1 days. there has bccn no response from LESSOR or its dcsiuncc to said lm~posals ,,~ plans. Ihc~ StlC[i silence shall be deemed as a denial to such rcqucsl to LESSEE. EESSEE covenants and agrees in connections v, ilh any nlaintcnar~cc, rcp;m work. election. constrtlction, improvement, addition or ahcration of any authori;.'cd modific:,li,ms, additions improvements to tile Demised Premises. to observe and cmnply with all lhen and l'ulurc applicable laws. ordinance, rules, regulations, and requirements of thc United Sates Florida. ('otllltv of Collier. and any and all ?vcmmcntal a~cncics. All ahcrations, impruxcn~cnts and addilion'i made l{~ thc Demised Premise> shall t~c dccmcd Iht property of [.ESSEE. Prior Io the termination of Ibis l.casc or any rcncx,,al term lhcrc~d} or within lhirtv 13fl) days thereafter. I.ESSEE shall promptly remove thc additi,,r~s. :mproxcmcnls. ahcrations, fixtures and installations which were placed in. on. or upon thc I)crmscd Premises hx LESSEE. and repair any damage occastoned to Ibc Demised Premises by such removal: and JJ~ defauh lhereo[ LESSOR may complete said removals and repairs al LESSEE'S expense. LESSEE covenants and agrees not lo usc. occupy, sufl'cr or permit said l)cm~scd l'rcmiscs an.',' pan thereof to be used or occupied for any purpose contrary to law or Ibc rule an.,.' public authority. ARTIC'I.E r,. Access to Demised I.ESSEE. ils dui.',' authorized agents, rcprcscmativcs and cnlployccs, shall Ila~ c thc right h~ enter into amt upon Ihe Demised Premiscs during normal t, usincss hours. Nhmd,~x lhrouuh I:ridax. by requesting prior approval from thc ('oilier County Radio Communi{afion~'Manag~.r fi~r fl;c pu~ose of examining or repairing LESSEE'S equipment a~ tl~c l)cmisM J'rcmiscs. By imm agangcment, during non-business tmurs during times of emergency repair (,r Hlilllllcllilncc. l.iihSl!l~ shall contact the Collier (;ounty Radio 'OlllmtllliCaliolls Manager fi~r acccs~ h~ lbo J)cmlSCd Premises. ARTICLE 7. ..~,ssignmcnt and Subl¢ltin,=, LESSEE covenants and agrees not h assign this l.casc or tile Demised Premises. or to pcmlit any other persons to occupy sanlc x~ ithot]t thc ~ riltcn c('mscnl of LESSOR...\nv such assignment or subletting, cvcn with thc consent of IJ~SSOR. shall nol rcl/cvc LESSEE from liability for payment of rcm or other sums herein provided or from thc obliualion keep and bc bound by thc terms, conditions and covenants of this Lease. Thc acccptanc~ of rcnl from any other person shall not bc deemer] to bca waiver of any of' the provisions be a consent to the assignment of this [.case or subletting n£ thc Demised Premise.. ARTICLE 8. JrMcmnity I.ESSEE assumes any ami all risks of personal injury and properly damauc ;mribulal, Ic Io thc negligent acts or omissions of the LESSEE and its o~cers, cmployee~, serx'a~t:; and agoras while acting within the scope of their employment hv the LESSEE. Thc I.ESSEE. as asmtc agency. warrants and represents that il is self-funded for liability insurance, both public and property, wi[h such protection being applicable to the LESSEE'S officers, employees, sen'ants and agcnt~ while acting within the scope oftheir employment by tl~e LESSEE. The I.ESSEE and I.ILSSOR am'cc tha~ nmhing comained herein shall be construed ~,r imcrpreled as il } denying Io either parly an,,Trcmcdv or defense available to such party under thc laws of the Stmc of Florida: (2) ~l~e om,cra olzd~c StatL* of Florida or its agents ami agencies to hc sued: or (31 I.ESSEE and I.ESSOR :urlhcr agree thal nothing contained herein shall be consmicd as a waiver of sovereign inlmuni~y of thc .St;dc of Florida beyond the waiver provided in Sc'clion 768.28. Eh~rida Statute (1985). Tile above named State of Florida ..\gene.,. is provided thc fi~llowing coverage lhmugh thc I:Iorida Casuahy Insurance Risk Management ]'rust Eund. Coverage and limits arc those specified in Chapter 284.31 amt 768.28. Florida Statutes. The LESSEE '.',ill only hc liable for its portion of thc location atop Building "l." ARTICI.E 9. ~ LESSEE shall provide and maimain general liability and Prol;cnv l~,h~l,lv policy(ics), approved by thc ('oilier ('otm:v Risk Managcmcn~ I)cparlmcm. ~ m~t ]c~ss }{undrcd Thousand Dollars and No Ccms I$1()*LO00.()O). per claim, and 'I'x~, }ltmdrcd Dollars and No Gents (52011J~OO.O0) per ~ccurrcncc durin~ thc term -f fids Agreement. In mhtilion. LESSEE shall provide and mainlain Worker's Compensation Insurance covcrmp all meeting Statulo~' Limits in compliance wid~ thc applicable state and [kdcral Ex idcncc of such insurance shall bc prc, xidcd to thc {'ollicr ('ountv Risk Manaucmcnl Dcpa~mcnl. 3301 East TamiamJ Trail...Xdministralion Buildinm Naplcs.'}.h,.n]a. 34172. tbr approval prior to ti~e comn~cnccmcnt ~d' this i.casc Agrccmcm]t:-and shall indmlc a pr'mi%,m~ requiring ten (ltl) days prior x~rittcn m,~Jcc m C'ollicr C'oumv c o ('ounlx Risk M:magcmcr~ Dcpa~mcnt m thc event of cancellation {,r changes in polic}{~c~} coverage. I~ESSr)R reserves d~c right m reasonably alllcnd Iht i~lstlra,cc rcquircrllCllls By Issuallcc of n~ticc ill ',[ r~tmu h, I.I SSI{IL whereupon receipt of such nol/cc I.ESSEE sixdl haxc thirty (3OI days in which ~ t~}~l;llIi Mwh additional insurance. ARTICI.E It). I.ESSEE shall, at ils sole cost and c,;pcnsc, keep thc Demised l'rcnliscs C]'..'iIII ill ;,11 trows, tf said Demised Premises arc not kept clean ,; Iht r,pinio, of I.ESSOR. I.I:.SSEI?N m;,,aucr x~ ill bc st, advised in writing, lfco~cctive action is not lakcn Wilhin twenty 120) davfi of Ibc r'c~Cipl {~I' SUCh notice. LESSOR will cause Ibc same to bc cleaned and corrcclcd itlld i. HSSS~E shall asstm~c ami pay all necessa~' cleaning costs and such costs shall constitnlc additional rcm which shall bc paid h( LESSEE ~kithin ton (10) days of rccdpt of~riucn re,rico ol*cosls incu~cd by LESSOR. The LESSEE. at its sole cost. shall repair all tlamagc m thc Demised Prcm~scs cm~scd by LESSEE. ils employees, agents, independent contractors, guesls, inv/tccs, licensees. ,,r patrons Thc LESSEE. at ils sole cost. shall remove l¥Om thc l)cmiscd Prcnnscs i11 accordance x~ il}l all applicable rules, laws and regulations, all s~did, liquid, sclnisolid, and ~ascous trash and waste Hlld refuse of any nature whatsoever which might acctllllulate ;llld ar/sc from thc {~pc'r';llJOllS <~l' lilt LESSEE'S business. Such m~sh. waste and refuse shall be stored in cb*sod containers approved by thc LESSOR. ARTICL[: 11. ~E Failure of I.ESSEE to comply l;~r ninety i90) days ~ifil any material proxis~,m {,r owc.:m~ ol this Lease shall conslilule a dcfauh. LESSO~{ may. at ils oplio;1, terminate lhis i.casc after thirty (30) days written notice to I.ESSEE. unless thc dcfimh bc ':urcd within fl~c not/cc period ~,~t suc~ additional lime as is reasonably required Io o~rrcct such dcfimh ). }tox~cvcr. thc occurrence o1' any of tile following cvcnls shall constitute a duGuh by I.ESS[~E. and this l_casc may bc immcdialclv tenninatcd by I.ESSOR: (a) A. bandonment ol'l)cmiscd Premises ,~r discor, linualioi~ ofI.ESS}{[!'S opc~;~tam. lb) Falsification of I.ESSEE or an a.'.'cm of I.ESSf!E I'l';lll}' report rcqmrcd h~ hc fiJrmshcd !o I.ESSOR pursuant to ibc Icftu< ~d'llliS I.casc. lc} Filing of insolvent}, rcorgani/amm, plan or arra,gcmcllt or bankruplcy 1 (d) Ad).dicaticm as hankr, pt. Making o£a gencnil assignnlCm oflhc hcllefit of creditors. (I) If I.F. SSI{E suitors this I.ca...c to bc taken trader rill'., x~rlt td'cx,.'cution. hi thc cvcr~t of thc occurrence of all_~ ~fthc Ibrcuoinu dcl'aults in this ARTI('I I'. 11. I.I~hS( )R. in addition to any other rights and remedies it may tu~vc. ~hall have Iht immediate right h~ ~c-cmc~ and remove all persons and propc~y from the D~mised Premises. Such properly re;tv bc rClllOXCtt and stored in a public warehouse or elsewhere al Ibc COSl of and fi~r thc accot[nl ~1: I.I~SSILIL all without sc~'icc of nolicc or rcsom to legal process and wtthotH being dccmcd ~uJJly of IrCSl~aSs' o~ being liable for any loss or damage which may bc occasioned thereby. Tt~c LF. SSOR InaV at its option tCr,l,natc this l.casc ill'Icl rcccipl bv I.ESSI~IL ,f thirty (3111 days notice in writing if ;i lien is filot :~gainst thc leasehold interest o1' thc I.I"55I{IL taxi .m rclnovcd ~vidfin IhJflv 130) drays, pursuam 1o Thc Florida Mcchunics l.icn I.aw. ARTICI. F. ] 2. I.ESSOR shall in no event bc ch;lrucd with dcfat,h in Iht performance ,d' ;m~ ~,f its obligations hereunder unless and until LI{SS(¢R shall have lhJlcd to pcrlbrm such o}~l~u;tlions within Ihi~v 130> days (or such additional time as is rcusonablx required to COlTCC[ sllcJl {]Cl}lllll) ;ItiC[ notice to LHSSOR by I. ESSEE propcrl> specifying xvhcrcin I.ESSOR has fili]:tt h~ pcrfi.-m ;mx such ob igations ARTI('Lf'~ 13. ~ Any nalicc which I.E.SSOR or I.[:..'q.'-;EE m:,v bc required !o gixc t,~ thc mhcl p:,l't> shall hcm writing to thc other pan>' al thc follo~ving addresses: LESSOR: Board of County ('ommissioncrs c/o RcM Properly .Mgmt. Dcpt. 3301 Talniami 'Frail East Administration Building Naples. Flor/da 34112 Flnridrl ( I f('oast l.:m~crsily lll501 Forl .M~.crs. FInrida 33%5-65,',5 .'\llCllth~rl: ('m'~crsilv I'rc'.idClll CC: Off]cc ~l'the ('ounl,. Attorney Radio ('omnmnications .Manager. ITl)cpl. cc: \V~i('[ 5;talhm 'Xhtlmgcr ARTICLH t4. ~ I.F~SSt-'.H shall remove :rev imprm'c lCm~ c,m]pIclcd h.,. I E.SSI!I! pri(:r to tl~.' CXl~ir;m~,n ~1' this Lease and shall deliver up and surrender Io I.ESS()R p,~s~cssion of' tile [)CllliSctl "CllllSCs ;frill :111}' improvc~llcnls Ilol rcnlnvcd ti[lOll cxp~ralion oF this l.casc, or ils earlier Icrlllinalitul as hctcm provided, broom clean and in as good c{mdilion ami rcpmr as thc s;mlc shall bc :~t thc continuance I]lcrco~. ordilla~ wear alld lc;ir ;md datlla~c by lire or Ibc clcmcnls bckontJ I.ESS~.]I-'N control excepted. " - ARTICLE 15. ~ LESSEE fully understands thal Ibc i'x,l~cc and lay, cnlbi'ccmcnt security protcchon pnwidcd by law enforccmcnl agencies fi~r the abovc-rclL'rcnccd Demised Premises is limited to Ih:il pro\ idcd lo any other business or agency situated m ('{dlicr ('ounly. and rick lm~lcdgcs Ih'al ;uly security mcastlrcs deemed necessary for iItiiJiliiHlil] protcclion ~,1' Ibc [)cruised Prcnliscs sh:~ll hc Ibc sole rcspons~hilit> und cost of I.ESSEE alit] shrill involve no c{,st or expense to I.ESS( LESSEE cxprcssly agrccs for itself, ils successor :md assigns. It) refrain From any usc of fi~c Demised Premises which would interfere with or adversely affect thc opcrati~m or maintenance of LESSOR'S standard operalions where other operations share common Facilities (a) Rights not specifically granted thc I.I:'SSi]I! hv this I.casc ;,re hcrchv reserved lo thc LESSOR. (b) LESSEE ;,grqes to pay all sales tax imposed on thc rcrm,I el'thc I)cmiscd I'lCllliSCS x~. ]lClC applicable under law. LESSEE agrees to pay all intangible pcrsonat property rexes that may hc mq~oscd duc I. linc creation, by this I.casc. o1' a leasehold interest in Ibc l)cmiscd l'rcrm~c~ or I.I(NSI(tCS possession of said leasehold intcrcs~ in the Demised Premises ARTICLE 16. 'ldn~tm.g_rn~ LESSEE rcprcscnls. '.,.arrants and :u.:rccs lo iiMt:lnnil'v, rc ~utsc. defend a~',l hold I.ESSOR. I?om and againsl all costs (includmu i ltorncys ICes) asserted ag: insl {r~U~t~scd tm ,,r incu~ed by [.ESSOI{ directly or indircctl)' purst~ it to or H1 c,~nnccticu1 with thc al>pliculio~ federal, stale, local or con]men law rclalmg to polltHion or prolc'clioll of lbo ARTICLE 17. LF. SSEF. covenants and ngrccs thai IAiSSI!I:.'S comlnunicalion cqu p :~t.'~t ,ts h~sla]lal~,Hs. operation and maintenance ,.,.'ill: A. Not irreparably damage linc I.F-SSOR'S building and/or accessories thereto. B. Not interfere v, ith tile operation of Li!SSOR'S radio equipment or other currc~H on said tower. In thc cvcnl Ihcrc is interference b:' l.I!SS[:.E.I.F. SSEE '.',ill pr~unplly lake all steps necessary lo correct and ¢liminalc same xvhbiS~ a reasonable period (~f' l~mc. unable to eliminate such interference caused by it wilhin a reasonable period ~f time, agrees to remove its antennas from I.F. SSOR'S property and this Agrccmcm shall term/nato. C. Not interfere with thc maintenance of l.li.%NOl~,'S buikfing. D. Comply with all applicable rtdes al]d regulations of thc Federal ('olnn nicali{ liS; ('{)[I}[IIiS, Si~,)II and electrical codes of the (.'il)'/Courlly arld,'(~r Slalc concerned. ARTICLE 18. ~ In compliance :v/th Section 404.05(~. Florida .%tatutcs. all parties urc hcrchy made awa~c o1' Iht following: Radon ~s a naturally occurring radioaclivc gas Ihal. ',','hen it has accumuh~tcd in a huihling m sufficient quantities, may present beallh risks to persons who arc exposed to it over limo. [.cvcls of radon that exceed federal and state guidelines have been I~)und in buildings in Flr>rida. Addhional info~ation regarding radon and radon testing ma~ bc obtained from v~mr ('otmlv Put)lie lcallh Unit. - ARTICLE 19. ~ All persons to ',,",'honl these presents may come arc pul upon nolicc t~[' lbo ])icl I}lill Ibc ~nlcrcst of the LESSOR in the Demised Premises shall not be subject to liens fi~r improx'cmcnls made hy Ibc LESSEE, alld liens for improvcn~ents lllildC by thc I.ESSEI! arc spccificallx prohibited Ii'om attaching to or becoming a lien on thc interest of thc LESSOR in thc Demised Premises or any pan of either. This notice is given pursuant to thc provisions of and in compliance with Scclitm 713. IO Florida Statutes. · 1 ARTICLE 20. Eff~~ This l.east shall become cl'fectivc upon execulkm by bolh t. ES.%¢)R ami I.ESSIil!. ARTICLE 2 I. ~i[~ This Lease shall be governed illin construed hi accordance wilh the knvs ,d' thc .'qJiltC i)t' Florida. IN \VITNESS WIH_:REOF, thc part,cs hcrctc~ ha',c hcrctmdcr scl Ibrth lhcir hands and sc:ds. AS TO TItE I.ESSOR: DATED'~~.~c' ATTEST: DWIGHT E. BROCK. Clerk L~ .5::~' ~o-'/'-¢t. Jt_' Deputy Clerk AS TO LESSEE: DATED: WITNEXS (signaturet (print name/ (print name) --/ BOARD OF COUNTY ('OMMISSIONF. RS COI.LIER COUNTY. FI.ORIDA FI.ORII)A GUI.F COAST UNIVERSITY Approved as to form and legal sufficiency: lleidi F. Ashton Ass/stanl County Atlomcy This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2483693 OR: 2552 PG: 0870 *** 05/28/I999 at 08:27AW ~C ~ii 6.00 COPIES 1.00 Retn: Propedy Folio No. 35997640001 SATISFACTION OF LIEN KNOW ALL MEN BY THES PRESENTS: That the BOARD OF COUNTY COMMISSlOERS OF COLLIER COUNTY. FLORIDA was the owner and ho;der of a certain Lien against: Marc D Jacobson TR 115 E Ri¥o Alto Dr Rivo Alto Island Miami Bch, FL 33139 The Lien was recorded on April 21, 1995 in Official Record Book 2051, page 1186, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred and Forty Five Dollars (S245.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 21, BLOCK 97, UNIT 3, GOLDEN GATE ESTATES Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court, is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist, IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairwoman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ~ day o~ . _, 1999. AWl'EST: DWIGHT E. BROCK, Clerk ~'6~' ~ f;, ~J~ppmved as :to.form ~and legal Suffi~:iency BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA f' ', --.~.., } / /,- ,. PA-'~'ELA-'i'S~ MAC'KIE, CHAIRWOMAN -- This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2483694 OR: 2552 PG: 0871 *** 05/2~/1999 a[ 08:~?AM D~IGH? E, BROCX, i,00 Rets: Property Folio No. 35997640001 SATISFACTION OF LIEN KNOWALL MEN BY THES PRESENTS: That the BOARD OF COUNTY COMMISSIOERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Marc DJacobsonTR 115 E Rivo Alto Dr Miami Beach, FL 33139 The Lien was recorded on February 22, 1999 in Official Record Book 2515, page t043, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred and Forty Five Dollars (5245.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 21, BLOCK 97, UNIT 3, GOLDEN GATE ESTATES Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Cha, j~3(v~r~an direct.~_xecution and recording of this Satisfaction of Lien, by action of the Board this~ day of ~ , 1999. ATTEST: DWIGHT E. BROCK, Clerk ~.pproved as to form an.,d legal sufficiency BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA / P~MELA S. MAC'KIE, CHAIRWOMAN This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2483695 OR' 2552 PG: 0872 *** R~CORD~D i~ O~HCIA~ ~BCO~D$ of ~OLH~; ¢ou~71, ~ 05/2~/19~9 at 0~:27AE DW!GH? ~. BROCK, CL~RK RBC ~g! 6,00 COHOS Retn: CL~[?0 f~ ~0ARD l 6 ri 2 ~I? 7240 Property Folio No. 57382520002 SATISFACTION OF LIEN KNOW ALL MEN BY THES PRESENTS: That the BOARD OF COUNTY COMMISSIOERS OF COLLIER COUNTY. FLORIDA was the owner and holder of a certain Lien against: Antonio Cunha & Fernanda Cunha 34 Grossman St Melville. NY 11747 The Lien was recorded on March 22, 1996 in Official Record Book 2161, page 2148. in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Forty-Five Dollars ($245.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 7, BLOCK 248 OF MARCO BEACH UNIT SIX Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien, The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, F or da acting through its Chai. E~,o~,.mf~n, directs execution and recording of this Satisfaction of Lien, by action of the Board this~....,~...~'w'~, day o~r--~;%Wl~ __, 1999, ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISS ONERS~ COLLIER COUNTY, FLORIDA ' - , ~ / ,: -..- ~ / ['" ~; By:~' PAMELA S. MAC'KIE, CHAIRWOMAN This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2483696 OR: 2552 PG: 0873 *** R~C ~ll 6.00 COPIES I,O0 C',,,,O ,,,,O,,O I 6 /~ 2 Property Folio No. 57929960009 SATISFACTION OF LIEN KNOW ALL MEN BY THES PRESENTS: That the BOARD OF COUNTY COMMISSIOERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Michael J Fugle 1350 W Huron St Waterford, MI 48328 The Lien was recorded on April 7, 1995 in Official Record Book 2046, page 2380, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred and Twenty-Four Dollars ($224.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier Counly, F orida described as follows: LOT 7, BLOCK 380, MARCO BEACH UNIT ELEVEN Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist, IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Flor da, acting through its Chai~n, dire sc_C.~u_t!on and recording of trois Satisfaction of Lien. by action of the Board this ~ day of I .rl~ __. 999. ATTEST; DWIGHT E. BROCK, Clerk '.~J~ aS to .form and legal suffic ency BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples. Florida 34112 (941) 774-8400 2483697 OR' 2552 PG: 0874 *** Property Folio No. 57929960009 SATISFACTION OF LIEN KNOWALL MEN BY THES PRESENTS: That the BOARD OF COUNTY COMMISSIOERS OF COLLIER COUNTY FLORIDA was the owner and holder of a certain Lien against: ' Michael J Fugle 1350 W Huron St Waterford, MI 48328 The Lien was recorded on August 18, 1994 in Official Record Book 001977, page 001738. in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred and Forty-Five Dollars ($245.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County. Florida, described as follows: LOT 7, BLOCK 360, MARCO BEACH UNIT ELEVEN Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien m the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Flor da, acting through its Chag. qw~?pCn, direa~ execution and recording of this Satisfaction of Lien, by action of the Board this d:::¢~''~'~ day of"~-'),'~.~z.._ 1999 ATTEST: DWIGHT E. BROCK, Clerk p~¢8~l'as to form ~nd legal ~u~ciency' BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA PAMELA S. MAC'KIE. CHAIRWOMAN This instrument prepared by: Heidi F. Ashton Assistant County Attorney Of'rice of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2483698 OR: 2552 PG: 0875 *** ~lCO~DID t~ OU~¢~L ~¢ORD$ of COLUI~ CO~ff, ~ RBC FSI 6,00 Rein: COFIB$ 1.O0 iIT 72!0 Property Folio No. 57209320000 SATISFACTION OF LIEN KNOW ALL MEN BY THES PRESENTS: That the BOARD OF COUNTY COMMISSlOERS OF COLLIER COUNTY FLORIDA was the owner and holder of a certain Lien against: Douglas M Kelly & Deborah L Kelly 305 Ludlow Spring Lake, NJ 07782 The Lien was recorded on October 14, 1994 in Official Record Book 1994, page 0095, in lhe Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures lhe principal sum of Two Hundred and Forty-Five Dollars ($245.00). plus accrued interesl and penalties, if any, and imposes certain obligations against real properly situated in Collier County, Florida, described as follows: LOT 10, BLOCK 169, MARCO BEACH UNIT FIVE Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien ~n the Ofhcraf Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, :":lor~da, acting through its Chai~..r,.v,o~an, directs execution and recording of this Satisfaction of Lien, by action of the Board this~ day ~ _. 1999. ATTEST: DWIGHT E. BROCK, Clerk .i' ~¢lptdved as to form god legal sufficiency BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY, FLORIDA , ,' . ~ ; -, , , .,, PAMELA S. MAC'KIE, CHAIRWOMAN *** 2483683 OR: 2552 PG: 0850 *** gZT 72~0 16 0 3 A RESOLUTION APPROVING SATISFACTION OF LIEN FOR A CERTAIN ACCOUNT THAT HAS PAID IN FULL THE 1991 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on January 26, 1993 adopted Resolution No. 93-29 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1991: and WHEREAS, Resolution No. 93-29, was recorded on February 1, 1993 in Official Record Book 1793, Pages 459 through 598 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1991; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1991 Service Year Solid Waste Collection and Disposal Special Assessment for the following account numbered below, subsequent to the adoption of Resolution No 93-29, whereupon a lien had been recorded on real property pedaining to the account identified herein. The Satisfaction of Lien attached hereto referencing the account identified herein are hereby approved and the Chairwoman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and this Satisfaction of Lien individually in the official records of Collier County: Account No. 091006 This Resolution adopted th s &:~=day o}_ ]]~ second and majority vote. __, 1999 after mot on, ATTEST: DWIGHT, EqROCK, CLERK Approved as to form and BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA f f ~ ', . ~ , , ~ ~ ',~ / / / , BY' .' ' ~..' ,, / ~., /f / / , . :PAMELA S. MAC'KIE, CHAIRWOMAN This instrument prepared by: Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 77400 Propedy Folio No. 66680240004 *** 2483684 OR' 2552 PG: 0851 *** CON~S ~etn: ~lT 7i!0 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: David M & Patricia J Crawford P O Box 724 Goodland FL 33933-0000 The Lien was recorded on the 1': day of February, 1993, in Official Record Book 1793, Pages 459 through 598, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Ninety-Nine Dollars and Seventy-Two Cents ($99.72) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: PETTIT LOT 11 OR 1348 PG 764 Folio No. 66680240004 Project No. 60000 Account No. 091006 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of L~en in the official Records of Collier County. Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County. Florida, acting through its Chairman, directs execution and recording of this L__...~_.~Satisfaction of Lien, by action of the Board this ~._~_.2%//''~. day of __, 1999. ,. AT-i~EST: : DWIGHT E..!~RO, C K, Clerk · ,-...~,,. ' ;. '~,~; ~',:,',;;~;,l,: ' ' fi,, ._ -~ ,-.~i Approved as to form and legal sufficienc¢' BOARD OF COUNTY COMMISSIONERS COLLIFTR.,CO.UNTY, FLORIDA - BY: P~"M E LA ~~A I-'~-O ~--,~, N lit *** 2483776 OR: 2552 ?G: 1132 *** .~.~C~DBD in ~.he OL~IC~AL ~,~CORDS of COLLI!~. C05'~?~. ~L R~C RESOLUTION NO. 99 - 243 A RESOLUTION APPROVING SATISFACTION OF LIEN FOR A CERTAIN ACCOUNT THAT HAS PAID IN FULL THE 1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENT ~,00 WHEREAS, pursuant to Collier County Ordinance NO. 90-30, as amended, tile Board of County Commissioners on SePtember 19, 1994 adopted Resolution No. 94-668 authorizing the recording of notices of liens for the delinc]uent solid waste collection and disposal services special assessments for 1992; and WHEREAS, Collier County Ordinance No. 90-30; as amended, requires the Board tO approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance NO. 90-30, as amended, the Board recognizes full payment and receipt of the 1992 Service Year Solid Waste Collection and Disposal Special Assessment for the following account numbered below, subsequent to the adoption of Resolution No. 94-668, whereupon a lien had been recorded on real property pertaining to the account identified herein. The Satisfaction of Lien attached hereto referencing the account identified herein is hereby approved and the Chai[~voman ~s hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerl( is directed to record this Resolution and this Satisfaction of Lien individually in the official records of Collier County: ACcount No. 22907 Account No. 46158 Account NO. 132253 ThiS ReSolution adopted this~?~qday of ~,~ ......... 1999 after motion, second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK - '. ~. . ~,~-rr~,~,~ ,. Ap~)roved as to form and legal sufficiency: / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA This instrument prepared by: Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774- 8400 Property Folio No. 66680240004 *** 2483777 OR: 2552 ?G: 1133 *** RBCORD]D in OFFICIAl RIC~RDS of COLLIER CDU~I, FL 05/28/199~ at O~:]6AM D~I~T ~. BROCK, CLIR£ REC ?l! ~.00 CO?~S SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: David M=& Patricia J Crawford P O Box 724 Goodland FL 339330000 The Lien was recorded on the 19~' day of September, 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hunm'ed Dollars and Seventy-Four Cents (S100.74} plus accrued interest and penalties, if an:.,, and imposes certain obligations against real property situated in Collier County. Florida, described as follows: PETTIT LOT 11 OR 1348 PG 764 Folio No. 66680240004 Project No. 61000 Account No. 132253 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien The Clerk of the Circud Court is hereby directed to record this Satisfaction of L~en in the official Records of Collier County, Florida. to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairwoman, directs e._x_ec~on and recording of this S_atisfaction of Lien, by action of the Board this~ day of ~-~'~ _~ 1999 ATTEST: · DWIGHT E~'BRocK Clerk .. Approved as to form · .~d I~ciency /~' ~ ~- BOARD Off COUNTY COMMISSIONER,S ' COLLIER .C;.~UNTY: F. LOR. DA /. '~ By:~ "'" ,, / ;' '- = PAMELA S. MAC'KIE. CHAIRWOMAN This instrument prepared by: Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774- 8400 Property Folio No. 36009720009 *** 2483778 OR: 2552 PG: 1134 *** COPI~ 1.00 '""'°'"'°'" '16 4.' SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Arthur =& Ernestine Perry 4596 31ST PL S W Naples FL 339990000 The Lien was recorded on the 19~ day of September, 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of/he Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy-Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County. Florida, described as follows: GOLDEN GATE UNIT 3 BLK 111 LOT 13 OR 1016 PG 1238 Folio No. 36009720009 Project No. 61000 Account No. 46158 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County. Florida, acting through its Chairwoman. directs e~xec,~tic~q~ and recording of thrs SaL~sfaction of Lien, by action of the Board this ~_____ day of "-'--'-- )'")/~._~" ~ 1999. .,. ATTEST: DWIGHT E'. B,p, OCK,, Clerk ",. ' ' Approved as to form ' '.,*~'n.,.,~~ie ncy BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA ' -/ By: : *' / , ~ '- / P'~MELA S MAC'KIE, CHAIRWOMAN This instrument prepared by: Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774- 8400 Property Folio No. 01141560000 *** 2483779 OR' 2552 PG: 1135 1.O0 I~!~RO~IC! {?~ ?LOC,? SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: William R Doster ET UX P O Box 164 Birdon Rd Ochopee FL 339430000 The Lien was recorded on the 19"' day of September. 1994~ in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy-Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. described as follows: 9 52 30 S 100FT OF N 400FT OF S3/4 OF El/2 OF El/2 OF NEll4 LESS E 100FT 1.28 AC OR 873 PG 1465 Folio No. 01141560000 Project No. 61000 Account No 22907 Collier County. a political subd~ws~on of the State of Florida, hereby acknowledges receipt of payment ~n full satisfaction of the Lien and hereby cancels Lien. The Clerk of the C~rcu~t Court is herei2y directed to record this Satisfaction of Lien in the official Records of Col ier County. Florida, to acknowledge lhat the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida. acting through its Cha r',voman, directs executiqn and recording of this __Satisfacti°n of Lien. by action of the Board this~.'"¢~ day of k"~Z._}L~,2] ¢-- 1999. ·: A ,17rE~¢!' · DWIGHT ~ROCK, Clerk APproved ~s to ~orm ' and le aJ~iency ' /( BOARD OF COUNTY COMMISSIONERS- COLL ER COUNTY FLORIDA , y. ,% ~- / · , ~./ PAMELA S. MAC'KIE, CHAIRWOMAN 05/2~/I~g~ at 0~:28l~ DWIG~? B. BROCk, C~BRI RESOLUTION NO. 99- 244 *** 2483759 OR: 2552 PG: 1083 *** RBCORD~D ~n the 022iCIAL RJCORD$ of CO~,LIBR COUR?¥, FL RSC ?B~ COPIIS A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1993 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS ~.00 1,00 WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on September 20, 1994 adopted Resolution No. 94-694 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1993; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on afl accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1993 Service Year Solid Waste Collection and Disposal Special Assessment for the following accounts numbered below, subsequent to the adoption of Resolution No. 94-694, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairwoman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 4349 Account No. 10919 Account No. 26000 Account No. 4187 This Resolution adopted this~'day of ~, 1999 after mot on. second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK Sf.g~t-~-.6 ,, - .. ' ,,.,}..,.. A,..bp~v~d as to form and I.e~aJ~uff~ien~y: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA L PAMELA S. MAC'KIE, CHAIRWOMAN This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 01141560000 *** 24B3760 OR: 2552 PG: 1084 *** ~C ~l 6,00 ~: COHJ$ 1.00 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: William R Doster ET UX P O Box 164 Birdon Rd Ochopee FL 339430000 The Lien was recorded on the 22nd day of September, 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy-Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 9 52 30 S 100FT OF N 400FT OF S3/4 OF E1/2 OF E1/2 OF NE1/4, LESS E 100FT 1.28 AC OR 873 PG 1465 Folio No 01141560000 Project No. 63000 Account No. 4349 Collier County, a political subdivision of lhe State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction ol' Lien in the official Records of Collier County, Florida to acknow edge that the Lien ceases to ex st. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairwoman, directs e_x,e,cution and recording Satisfaction of Lien, by action of the Board this~'~ay of ~ of this _, 1999. -- ATTEST: .~,DWIGR~E. BROCK Clerk :and regal sufficie¢cy BOARD OF COUNTY COMMISSIONERS COLLIER.COUNTY FLORIDA · PAMELA S MAC'KIE, CHAIRWOMAN This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Flodda 34112 (941) 774-8400 Property Folio No. 36376760006 *** 2483761 OR: 2552 PG: 1085 *** co?[~s t,Oo SATISFACTION OF LIEN KNOWALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Bradley C Hasselbach 5260 23RD Ave SW Naples FL 339410000 The Lien was recorded on the 22nd day of September, 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Courl of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy-Four Cents ($100.74) plus accrued interest and penalties, if any. and imposes certain obligations against real property situated in Collier County. Florida, described as follows: GOLDEN GATE UNIT 6 PART 1 BLK 210 LOT 11 OR 1673 PG 1 Folio No. 36376760006 Project No. 63000 Account No. 10919 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County. Florida, to acknowledge that the Lien ceases to exist IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairwoman, directs,.~efl~ution and recording of this Satisfaction of Lien. by action of the Board thi%>~'UUay o~-- ~¢,~. 1999. ,,ATTEST:" .... DWIGHT E.,-BROCK, Clerk ,. A~ --- -- - *' ' '-es. ~i ~.o ,, $,t~:83~3ved as i:O form ":~. and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIEI~-COUNTY, FLORIDA /' ,, ,' ~_ - ._>... -- . 'PAMELA S MAC'KIE. CHAIRWOMAN This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 66680240004 *** 2483762 OR: 2552 PG: 1086 *** RgCORDgO in O~HCIAI, RICORD5 0[ ¢O[J, IgR COUP?T, lei, 05/2B/199g at 0~:2BA~ DWIGET !, BROCK, C[IRK COHBS 1.o0 TO T~J JOA/D ~ ~[T 7210 SATISFACTION OF LIEN KNOWALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA was the owner and holder of a certain Lien against: David M=& Patricia J Crawford P O Box 724 Goodland FL 339330000 The Lien was recorded on the 22nd day of September, 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy-Four Cents ($100.74) plus accrued interest and penallies, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: PETrlT LOT 11 OR 1348 PG 764 Folio No. 66680240004 Project No. 63000 Account No. 26000 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairwoman. directs ~ex,~.~ution and recording of this Satisfaction of Lien, by action of the Board thisc~__~""day of/"' ~¢j~~, 1999. ATTEST: .DWIGHT..E: BROCK, Clerk ,; , ___ "and I~gal suffi~:iency BOARD O?J2,OUNTY COMMISSIONF::::iRS COLLIE 'C .~NT¥,- LO IDA .' PAMELA S IvIAC'KIE, CHAIRWOMAN This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 63856600109 *** 2483763 OR: 2552 PG: 1087 *** 1.00 SATISFACTION OF LIEN KNOWALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Samuel J=& Maria M Gordillo 505 New Market Rd Immokalee FL 339340000 The Lien was recorded on the 22nd day of September, 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Fifty One Dollars and Fifty Cents ($51.50) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. described as follows: NEW MARKET IMMOKALEE BLK 20 LOT 4 OR 1522 PG 2137 Folio No. 63856600109 Project No. 63001 Account No. 4187 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs exe~c. LJtion ,and recording of this Satisfaction of Lien, by action of the Board thisr~ day of / .1999. ATTEST: DWIGHT E. BROCK, Clerk Approved as Io form and legal Suh"miency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA .. / / /l 'L,('- /,~ By: p%ME~' ~. M~"~'K-~-E, ~-H-AI'~V~OMAN ~et~: *** 2483751 OR: 2552 PG: 1075 *** H¢0RD~O In th~ O?HCiA~. R~COR~)~ of COH, I~R ¢OUXTT, ~ R~C ~H 05/2H1999 at 09:21A~ DVI~HT ). flOCK, CLIRK COYI)S RESOLUTION NO. 99-_2_4.f A RESOLUTION APPROVING SATISFACTION OF LIENS FOR (~ERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS t.O0 1.00 WHEREAS, pursuant to Collier County Ordinance No 90-30. as amended, the Board of County Commissioners on August 22 1995 adopted Resolution No 95-475 authorizing the recording of notices of liens for the dehnquent solid waste collection and disposal services special assessments for 1994; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts thal have been paid in full. NOW, THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No 90-30. as amended, the Board recognizes full payment and receipt of the 1994 Service Year Sohd Waste Collection and Disposal Special Assessment for the following accounts numbered below. subsequent to the adoption of Resolution No. 95-475, whereupon a lien had been recorded on real property pertaining to the accounts identified herein The Satisfactions of Lien attached hereto referencing the accounts identified hereto are hereby approved and lhe Chairwoman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is d~rected to record this Resolution and these Satisfacbons of Lien ~nd~wdua!ly in the official records of Collier County: Account No. 3418 Account No. 9470 Account No. 13356 Account No 19826 Account No. 24565 Account No. 27038 Account No 5788 This Resolution adopted thiS':~lQ'day of ~ majority vote. · 1999 after motion, second and ATTEST: DWIGHT E BROCK, CLERK · ~ ~'L~ ~r ,,;, ' ~:)roved as tO f~)rm an~J'' :' legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY· FLORIDA BY:~ , , 1.,,~. , PAMELAS MAC'KIE, CHAIRWOMAN This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Flodda 34112 (941) 774-8400 *** 2483752 OR: 2552 PG: 1076 *** 05/2a/1999 at 09:21AM DWIGH? I. BROCK, COHOS 1,00 INTERO?FICH 4TH ?go0~ Property Folio No: 01141560000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: W~lliam R Doster ET UX P O Box 164 Birdon Rd Ochopee FL 339430000 The Lien was recorded on the 14~ day of September, 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred and Four Dollars and Thirty-Seven Cents ($104.37) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. described as follows: 9 52 30 S 100FT OF N 400FT OF S3/4 OF El/2 OF El/2 OF NE1/4. LESS E 100FT 1.28 AC OR 873 PG 1465 Folio No. 01141560000 Project No. 64000 Account No. 3418 Collier County, a political subdivision of the State of Florida. hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist IN WITNESS WHEREOF, the Board of County Commissioners of Collier County. Florida, acting through its Chairwoman. directs execution and recording of this Satisfaction of Lien, by action of the Board this. ,,-~_~¢]" ' day of ,1999. ATTEST: DWIGHT ¢,,,/BROCK. Clerk Approved a~ tb'f~rm and legal sufficiency BOARD OF COUNTY COMMISSIONERS COL, LIE? COUNTY, FLORIDA PAMELA S MAC'KIE, CHAI/B'VVOMAN This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples. Florida 34112 (941) 774-8400 *** 2483753 OR: 2552 PG: 1077 *** ~co~ in O~I¢IA~ ~]CORDS o[ COLlieR CO~?f, f~ 05/2~/i~i~ ~t 0t:2IA~ 0~I6~! l, BDC[, C~lR[ RIC ?ii &,O0 ~etn: Property Folio No: 36376760006 SATISFACTION OF LIEN KNOWALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA was the owner and holder of a certain Lien against: Bradley C Hasselbach 5260 23RD Ave SW Naples FL 339410000 The Lien was recorded on the 14'~ day of September. 1995, in Official Record Book 2099. Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County. State of Florida. The Lien secures the principal sum of One Hundred and Four Dollars and Thirty-Seven Cents (5104.37) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. described as follows: GOLDEN GATE UNIT6 PART 1 BLK 210 LOT 11 OR 1673 PG 1 Folio No. 36376760006 Project No 64000 Account No. 9470 Collier County, a political subdivision of the State of Florida. hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairwoman, directs execution ~_.~.~rding of this Satisfaction of Lien, by action of the Board this -- day of ~. ,1999. ATTEST: DWIGHT ,~, BROCK. Clerk $l~,.., '-', ~',; ':. Approved as to form and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA ,PAMELA S. MAC'KIE, CHAIBWOMAN This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2483754 OR: 2552 PG: 1078 *** R~C ~! ~.00 ~eLn: Property Folio No: 38341600005 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Dale J Hoover ET AL 5745 14TH Ave SW Naples FL 339990000 The Lien was recorded on the 14~ day of September, 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred and Four Dollars and Thirty-Seven Cents ($104.37) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE EST UNIT 33 W 105FT OF TR 110 OR 943 PG 1282 Folio No. 38341600005 Project No. 64000 Account No. 13356 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exisl. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairwoman, directs execution a~_[~ot~rding of this ion of Lien, by action of the Board this c.~ day of __, 1999. ATTEST: DWIGHT E'. BEOC.~, Clerk lttes~ $~¢,,-,,,¢ .,.... . ACprroved as to fdrm and legal sufficiency BOARD OF COUNTY COMMISSIONERS C ,OLL!~R COUNTY, FLORIDA PAMELA S. MAC'KIE,'~CHAIRWOI~AN This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2483755 OR: 2552 PG: 1079 *** Property Folio No: 61481600000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: John=& Dorothy Johnson 1872 Airport Road Naples FL 339620000 The Lien was recorded on the 14"' day of September, 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Coud of Collier County, State of Florida. The Lien secures the principal sum of One Hundred and Four Dollars and Thirty-Seven Cents ($104.37) plus accrued interest and penalties, if any. and imposes certain obligations against real property situated in Collier County, Florida. described as follows: NAPLES BET/ER HOMES 1ST ADD BLK 5 LOT 1 OR 1630 PG 1211 Folio No 61481600000 Project No. 64000 Account No. 19826 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County. Florida, to acknowledge that the Lien ceases to exist IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida. acting through its ChainNoman, directs execution a/)d .~ording of this Sati..,%fsction of Lien. by action of the Board this c-~_~ day of ~ __. 1999 ATTEST: DWIGHT E,*BROCcK, ,Clerk :'APProved as to form and legal sufficiency BOARD OF COUNTY COMMISSIONERS ,~,COI.~.I_E_R? COUNTY FLORIDA ' ~' PAMELAS MAC'KIE. CHAIRWOMAN This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2483756 OR' 2552 PG: 1080 *** ~lCO~DID i~ O~IClt~ ~CORDS of COLLIe[ CO~l?l, ~L ¢OPU$ 1.0~ Rets: Property Folio No 66680240004 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: David M:& Patricia J Crawford P O Box 724 Goodland FL 339330000 The Lien was recorded on the 14'* day of September, 1995, in Official Record Book 2099. Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred and Four Dollars and Thirty-Seven Cents ($104.37) plus accrued interest and penalties, if any. and imposes certain obligations against real property situated in Collier County. Florida. described as follows: PETTIT LOT 11 OR 1348 PG 764 Folio No. 66680240004 Project No. 64000 Account No. 24555 Collier County, a political subdivision of the State of F!orida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida. to acknowledge that the Lien ceases to exist IN WITNESS WHEREOF, the Board of County Commissioners of Collier County. Florida, acting through its Chairwoman, directs execution a.s.d tr¢¢prding of this Satisfaction of Lien. by action of the Board this .~ ~?~___ day of 1999. ATTEST: DWlGHT,.E? t~ROQK, Clerk s/~l~,~:ov&d as :to form and legal su~ciency '"' i' BOARD OF COUNTY ,.,O ~MISSIONERS COLLi~:R COUNTY, FLORIDA, ,- .,, ) :--.~,. -~,--~ :.-~ , /; ~ PAMELA S MAC'KIE. CHAIRWOMAN / This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2483757 OR: 2552 PG: 1081 *** ~1¢oi~1o i~ O~ICIAL RICORDS of COLLIER ¢O~l?f, ~ 05128/19~ at 09:21A8 DWlG~? E. ~ROCL ~o?t~s 1.00 Property Folio No: 74412280004 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Tim S Porter 3505 Okechobee St Naples FL 339620000 The Lien was recorded on the 14'* day of September, 1995, in Official Record Book 2099. Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, The Lien secures the principal sum of One Hundred and Four Dollars and Thirty-Seven Cents ($104.37) plus accrued interest and penalties, if any. and imposes certain obligations against real property situated in Collier County, Florida described as follows: SOUTH TAMIAMI HGTS BLK D LOT 7 OR 1623 PG 987 Folio No. 74412280004 Project No. 64000 Account No. 27038 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of CoIlier County, Florida, to acknowledge that the Lien ceases to exist IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida. acting through its Chairwoman, directs execution ?t"~.?r,C~rding of this ,~6tion of Lien,_,bY1999.action of the Board this ~ ~....4.7.~ day of ATTEST: DWIGHT...E. BRQ. CK, Clerk - ?"- ':,4~ Approved as fo form and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLL, IER, COUNTY` FLORIDA ) i ] /' By__~' ' / //C/~ PAMELA S. MAC'KIE, CHAIRWOMAN This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2483758 OR' 2552 PG: 1082 *** 05/2a/I999 at 09:21A1 D~IGMT E. BROCl, CLIRK ¢OPII$ 1.00 Reln: ¢L'",O,,, ,OlRO l 6 ~J'-~ I~?EROFFICE 47H FLO~R Property Folio No. 63856600109 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Samuel J=& Maria M Gordillo 505 New Market Rd Immokalee FL 339340000 The Lien was recorded on the 14" day of September, 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Fifty-Three Dollars and Thirty-Six Cents ($53.38) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NEW MARKET IMMOKALEE BLK 20 LOT 4 OR 1522 PG 2137 Folio No. 63856600109 Project No. 64001 Account No 5788 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The C!erk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County. Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF. Ihe Board of County Commissioners of Coltier County Florida, acting through its Chairman. directs execut(gn and recording of this Satisfaction of Lien, by action of the Board this~¥'-~?'~ay of 1999 ATTEST: DWIGHT E. BROCK, Clerk 'Approved as' tc~ form ao.d legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~ PAMELA S. MAC'KIE, CHAIRWOMAN ME?,,IOIL&NDUM OF UNDERST.,~',,'DING BETWEEN THE ,H'PA PROGIL. C',I' ADMINISTI:L4TOR AND THE PL~LI(~ OR NON-PROFIT EMPLOYER This Memoraqdum of Understanding is entered into this;'~-q'/)' day o~"~/ _ 1999. bev, veen hereafter referred to as the Agency a.n~or Worksite, and the Work force Council of South:vest Florida. lnc. hereafter referred to as the Program Administrator and Employer. It is understood by all parties that this Memorandum of Understanding relates to Employment, Training, and Services to be provide:I relating to the Summer Youth Employment and Training Pro,am which is authorized under the Job Training Pa~nership Act of 1983. It is understood that the Er:'..;!oyer is either z gove..m, mental agency or a private non-profit organization, free of discrimination because of race. sex. age. creed, color, religion, or political affiliation, and ',.hat pa. nici?an:s in t?.e pro,ram will not be employed on the construction, operation, or maintenance of an'.,' facility as is use2 or to :se used for sectarian insu-ucticn. ~ a place for religious worship, or for pa'niszn or pO',itlz2! p'..:."Teses. Participants ,.,,'ill not be used for zhe ' · ...... : pr]~.,~ individual or private-for-profit a~ency, but '.*,511 be provided useful work experience '.Cnich will be consistent with each capabilities and interests and which will assis: these youth to obtain furore unsubsidized employment. It is agreed that suck, work experience will be conducted in a safe and s~it~,' working environment. In addition, it is understood '""- .....<~.4 .... ,,,~, u.,.xcu~.~ absences for JTPA partici~a.nts '; ~ ;-., · ~ ..... r',~%C !ed g':rsua;lt to policies and procedures of the Program .-',drni?.Jstrator. The Worksite agrees: To provide the Program Administrator one complete "Statement of Work" for each Worksite of the Agency utilizing Summer Youith participants. All Super~'isors must be listed. The Statement(s) of work ~e subject to monitoring review. To provide memningfi:l and Frodzctive work for a maximum of. particip~.ts on a scheduled wot'..: piton with the understanding that the Super~'isor,q:'articipant ratio vdll be at least one (1) supervisor to evera,.' ten (I0) pa.nicipants who are er,rolled i,~ the Summer Youth EmpIo?'ment and Training Program (SYETP). 9 ~emorandum of Understanding To furnish the equipment, tools, materials, and sup?lies that are necessa.'-v ~3r ~hc work beinl perfo ,rm,,ed by the Summer Youth p~,mici?ant(s). 4, To cooperate fully with the .',,Ioni:ering Unit of the Program Administrator's office. by maintaining cur':',en: ap, d accurate time and a~endance records as v,'ell as a list of current Wor.k:i~e activities, and b':' allowing access to same at the request of the Program Adair, is;rotor's represen:ative for the purposes of monitoring of the Worksite, counseling of th..' par~icipams, and coordinating other work act!', iai.as. To maintain acc'~ra~e time m",d a::eadance records on each par~icipar'.~ refie:ti,".g the time acmaiiy worked by each pa~icipant. Insure that ~?,e participants ar:: not to handle the ~ime and aaend~ce records. These records must ~e filled out in i,".k and signed in ir~.i< at the end of each pa':' period by the paaicipant and ',?,e su?e:-'.'isor as certification to their accuracy. T'ne participant cannot sign for tine super'visor :".or the super,'isor for the i:aaicipa.'-,t. Time and a~,eadaace records will ce g.~c,~.=~ ~.:? ever'v other Friday by a staff member of the Program Adminis:ra:~r. To provide re,enable regulations for the attendance and contir,~:e:i good work habits of the pa<icipaa.:s. Dove!o? adeq~:e policies, procedures, and co.".trols ~o e:~su:e ~hat no par~,icipant receives a~.?' :ype of remuneration for u.~excuscd absep, ces. un',~'orked hours, or panici?ation in re:rea:iczaI or educatior'.a! ac:!vities. Pa.~icipaats ca~, only ~e paid for hours worked. 7. To assure Ina; s',:f~cier,: " . ....... ' .t u,,., is '~'"~:~'~:" ,' :o occug, y each To develop ade:'.:a;e coordination with thc Progra~ .Administrator to allow opportunities to implem..:m a=rrapriate continger, c':' activi:ics in the eve:it of inclement To provide a job description of e2:h position that will De filled b.v Su::,,mer '~'omh pa.r, icipants. 10. To provide an experiep, ced Su?erdsor(s) to the p~,micip~ts without com~'ensaticm from the program. 9 l~lgmorandum of Understanding 160 11. To contract the Program Administrator prior to the release ora participant £rom the \Vorksite or irmmediatel>' after notice of termination bv a pa,'-',icipant so that this agreement ma.',' be modified. 12. Insure that supe:'visors understand that on-the-job injuries to participants .".just be reported to the Program Administrator's office IMNIEDIATELT. 13. To assure that no participant ',','ill be allo',ved to work more than 40 hours per week. The Agenc,','AVorksite will be liable for payment of the excess hours. P~icipants aged 14 and 15 must not work more than eight (8) hours per da','. 14. To assure that participants aged 1-4.-17 MUST have a thi,'7?' (50) minute break after working four (4) consecutive hours. Failure to comply with thc Child I.abo: Laws could result in fines being levied. 15. To assure, pursuant to the Fair Labor Standards Act. that no participant under 18 )'ears of age will be employed in mn.',' occupation found by the Secretary of the United States Depar'~ent of Labor to be particularly hazardous for individuals be:ween 16 and 15 )'ears of age (Subpart E of Part 570 of Title 29). 16. To provide each Super~'isor whose name appears on the "Statement of"V'-~~''', ,~.. ,,, a cog,>' of the complete Memorandum of Unders~ding. Supervisors will be expected to understand the contents of this agreement and are subject to being monitored. 17. To adhere to the rules and regulations governing the Summer Touth Employment and Training Program. The Progra:,'a Administrator agrees to provide remuneration to the pa,'-ticipa:'..'.s by check eveu' other Friday. The chezks will be distributed by the Program Administrator's staff. Pm dcipants .MUST sign for their check on receipt. This Memorandum of Understanding shall be effective from the date it is signed until the termination of the Summer Program or unless te.,'-minated by either part)' provided the c~celing party gives at least five (5) days advance notice. 9-24.- 19~5 2: 36,~I ~ F'P..~I ~ iMemorandum of Understandir, g S1 ~;N ATI2RE.P~x~_G~ ( ')'q ,Collier Count': Board of Comm~ss~o,",er~ · j'">., f/ . '~ _. '~ , ~~~ ~(Signamre) tAd&ess Telephone Number Approved a~ to form & legM <Type or ?,eprcse.,',tau ~ e (Type or Print') Represenlati;'e tSignaturc) ( Title Address Telephone Numb Workforce Council of Southv,'esl Flood ~. inc. JTPA Program Administrator //~_.. ' (... '~/ R:presenta~v¢ ig~natur¢~ v (5 ,5.~;: ¢ :"')0 t-c'"">~ f":~-I Rcpfescnlativo%itle Address Tclcphonc Numbcr %~ ~/iOUTHV~/EST FLO~DA RECEIVED ,UG 0 3 1999 160 10 IL 'umt'r J )riv,,'. Suilc 200 Splln~. J:h)lJd.J 34134 XK'I'I }IU, q('~ A( S-l'l'~ PERSONE'FTE t',:.,,,t;.ut J()L I'ATI:,ItN{). /'xc, t,t~t.~' /)irector July 27, 1999 Senior Secretary Collier County Board of Commissioners Div. Of Support Services. Human Resources Dept. 3301 East Tamiami Tr. Naples, FL 34112 Re: Interlocal Agreement for the Southwest Florida Job Training Consortium Dear Ms. Eichhorn: Please find enclosed a fully executed original Interlocal Agreement for the Southwest Florida Job Training Consortium for your Clerk of Court to maintain in your county records. The Agreement has been signed by the Chairs of the Board of County Commissioners of the five counties of Charlotte, Collier. Glades. Hendry. and Lee. If you have any questions pertaining to this Agreement, please contact me at your convenience. Sincerely, Planning Director enclosure 612 10 \'~'~ )I,IKF¢)R( 'E I,NVI.]ST.M I'i.N"I ..\~ "I' !"~) R TIlE · N¢)Ii'i'II~,VE.NT l.'l,()l,tll)..\ .lOB 'I'IL.\I.NIN~; I'I)NS~)R'I'tl ~I Federal Public L;.,~v I I)5-220. rcpl;lcc:s thc .l,,i~ ] r;unJn~ J':u'tncr:dup .x. ct ,::; a:ncntlcd ir: l')~m, aim system and au[b~rizcs worklq)rcc invc'.,m~cnt f dc'. WI iEP, I' .',,5. tl',c coumlc~ ,,!'( 'hari~)Ik:. (',fiiicr. ~ ilad.::L t i,:nd:'.. :u:d I.c~ '.,'lC lc. ;::t).:ic.l h~ ":CtlEi.',l .\.~. tl:c li'.c ?:~r',icipati,:, agrc~mcm ]n 1'~'~ crc~ti~, thc %,u]th',vc,~; such time :~s thc S,mtilwc:,t [:h~rlda under that agreement: Act plan .Dur.su,:lnt NO".\' '!'HER!:'F()Ri'. in c:'nsidcr:u~,:: ,~flhc mutu.t] c,~'.'cn;:nrs }~.crc:n. il,,., [-,::'tit: .iL'!,:c .~ follo~vs: I. Continuation of the Southwest Job F:'aininz Bv virtue or'the earlier [ntcri~cal ..\grccnmm. thc p:~nic:patin~ Ii','c c~mntic:; ~t?',.'c t,, acc~zpt the G,)'.'emor's desi!4:~ation ,>t' ti~e ;~x'c c,)untv local ,trct ar: \V,~rkt'urcc :n','e;;tme:lt :\rea Region 2-i :,',r purpt~se~ ,~ pr~).~ .aras pr,mm[g'3tcd tamer thc .X. ct: By virtue ol'thc earlier ]ntc."h)cal .-Xgrccmcnt. ti:c ;~xc c~)untic:4 a.,..'rcc to c~mtinuc thc S,)uthwe.st Florida Job Trainin~ (;)n> ~rtium ,thc 'Consortium"} '.vi~ci~ Ls c,,mp,,.scd 10 II l]'.c f'hair:, '.~]l elect ~r~c H:u'H~bcr ,~1' thc ~ (~,nso~ium. ]his posited,Il :~:av Ibc;1 rolalc %cc:.)n i IT. tiN. nmi 121 ,~l':hc VV,~rkl',m.'c ln,."~:';ll'~lc:ll '~,:: i :; 'r:':~', ;nc;~r?,r;,Ic;l v. idnn thi~ ..V.,rcc:ncnt a:~ il'-:c: out herein. I'he Consomum fixdl rcquc:;: anv ci~an~c i:', :he number ,~1' J,,: ::l ~',, ,n'd mc:nhcr:~, ,I thc fi,)uth',vc:¢t [:i,rida W,rk fl,fcc l)c'.'clopmcnt Board. Inc. tt:.~ .~ ~il rcprc:;cnl each county, idcntif', which scc:,)r :hcv will repro:cent, icicnfifv thc !c:~'tt~ ,)t term. ami private i:ach C,)untx (.'t;air. ,)r dc>,;..z'::cu her (_'otlIltv's private sc,c',,,r app, dntmc:m:.. ~n :~cc;mi:tncc v..',,, thc .".c:. ',, thc P,~ard for the participating ommic:.. mu:,[ adhere t,, fl:c fi)lh)~in,.z' ,:ri~cria: lx.C~,FC:~C."ltLltl\ C:> , Il' }',t.l~ ;llCS!~ ltl [[1c i{ .CAi ,Irc;l '·',, il,~ 31c , '.', ;l:~': :i { }' }~tl,ilrlt:',' c';. t:xekJlltivc:,-, ,)r crop'.,,:, c::4 ,,,.'il}: ,)p[l:'~llZl:'~ p.)iic'.'rn;:kim: Rcprc:;cntativcs t)l'i3ti~l[1C5%c!, '.', ll!l C:;] D],I'. FIIC;~I .... e:npio.',, nlcnt opporlunitic:; ,)1' thc i,,c:.'l are:l: Rcprc:ientatives art: app.intcd from ::mon:z indi\'idu:tl D. Thc nomina:ion pr,)cess for :hose ?..rivatc ir'rivate scczor rcpru'x:ntati','c:~ duff] bt: sulccv.;d ;'r,,:: ,:~,ng ~ntiividual nominated by general purpose businc:;s org:miz::t,,ns :.llc7 corl:illitirig with and receiving rccummcndations from other b,Jsinc:/s ,rcanb'.at,ms II! thc ,.vorkfi)rce deveh)pmcn~ re2ion. General pu~ose business organi~tions are dcfincci a> th,)sc ,m2anizations which admit to membcrsifip ~',' for-profit businc:;s ,pt:rating ~ith tim workforce development region, t)r zmv cathy that rcprt: ;cats or :4crves as an umbrella org~ization that includes membership from ;;,r-arofit Nlsinc:4scs. Such nominations, and the individuals 'zciectcd from su~ ~: n,minadom;, shaiI reasenahiv represent :he inmzstfinl and demographit: ::',nmo%iti,m of 115o 10 Fo }'~ns;ir,~: thr~ugh its aj)pointmc;;l:; il;:;', thc $~mthwc':t J:Jr~ri~ia ~,\",)r].:;~ ,~cc I)cvch,!;nlcIlL Board include required public scct,,r rcarcsc:~u~ti:'c:;, a.s rcquirc(t ';:l~i;:r thc ..x.c'~ :~rlci .St;itc of Florida dcliniti~)ns, rc~Jrdlcss ()f (.'out, tv. '.vith ~pIin,,~:~I; p,)iic'.'r;mki~,~, authority within thc or~uanizations, a~c;~cic:;, or caI~tic:;: representative:; of community collcgc~;. '.vhcrc such c:mt:c:; cxi:itl. IYom among individuals n~minated by regional or local cd,~c:oi~mal '" ins~i[utions, or ,~ruanizatJ,,ns rcprc~;cnting :such h~cat cduc:~i,,nat ,~r (~l~r a h)caJ area in '.'.i~ich no crnpl(~ve=s arc 'xhich .iuch ,)rganizati,~r~..~rc prc:,cnt ~: Rcprcsentativc:i t)t' each ,~l' risc ,mc-stop panners: .Share with the .%outhxvcst F'l,~rid.: ".k',)rJ-ci'~rc~: I)c'. ei~)ptncnt [~, ,ur..: ;hz rc:,p~m~;ib:iitv Ik~r thc tbilowinu: · approval off thc k~,'~rkli)rcc lnx cstmcnt .-kc: plan ~vi~ich the Region }~v thc desig::atcd adminiswati'.'c cntit,.'..m,i Dr,)vidcd ~(, thc Workforc: Development }~oard and the C'onsortium ti)r :,,~nt approval. ,. ~.)c.ch)~mcnt B,)arci b,;d~:.:: subrnittcd with · approval of the local '&'or~:i~rcc' " the pl~: · ,~versight of activities and =cr-,'tccs ....u,,~n_ termination of One Stop · appointment oI'Youth C'ouncii members in c~ordination '.'. ~d: thc ',,Vorktbrcc Development Board's Chair which shall include: - members oI'the Xk'orklbrce Development Board with or expemise in youth polic':': - representatives of voutti se~'ice agencies. Jnc!udin~ juvenile justice and local law entk)rcement agencies: - representatives of public housin~ authorities' - parents of eligible ':.',outh seeking training assist;moo' Page 5 ,.~F ') 10 Ill. individuals, including former participants, and representatives of org~mizations that imve experience relating to wroth activitic'.;: representatives of t}~c Job Co~s: and other individuals as tine Chair of thc Worklbrcc l),:':cl~)pmcn[ l~mrd in co~)pcration w~th the Chief f~lec:cd ()l{]cial dclcrminc:; apprr)priate. Terms of :\grecment. Ao None of the panics hereto shall bc iab[e for any claims, damage:;, injuries. expenses arising out of or resulting from any act. omission. ,~r negligence ~)t' the others, their officers, cmployecs or agents, related to thc ?attic:;' respective auth{~ritic.s and responsibilities under this Agreement. Bo The terms o£the Agresmcnt shall c~)rnmence on ~)r rctroactivc]¥ to thc 1st dav o1' July. I{~99. and shall run through June 30.2000. and thereafter si~all arm>maritally be renewed for thc dates of each ~ive-ycar Workfi~rce [nvcst:ncnt Plan. unle:~s any party notifies the others of its intention not to renew at least t)t! :.lays prior to thc expiration of thc original term or :my five-year rcnc',val term. Upon proper execution, and as of July I. 1999. thc .a.._.u~ezment st;:til be le~ally~ vaiid and binding, and supersedes other agreements et'thc Stmthwest ["i~rida Job 'l'raining Consomium. This Aerccrnent shat be recorded in the ?ubii¢ of Char!otte. Collier. Glades. tfendr':', and Lee. This ,,\ grcement ma5' be amended ,~r :noditied upon the written rca ucst o f any party hereto. :\ny alterations, amendments, modification or waivers in thc terms and conditions of this Agreement shall not be effective unless reduced to xvriting, approved by all parties, signed by their duly author/zed representati yes and tiled with the Clerks of the Gircuit Courts <~{' the participating counties. IN WITNESS WHEREOF. the parties have executed this Agree,mcr, :~; inciicated on thc attached pages. Page X of 9 160 10 DAY OF , 1999. ! BOAtU) OF COUNTY COMMISSIONEP, S OF CHARLOTI'L: COUNTY, FLOIUDA Signature of CHAIR OR COMMISSIONER DESIoNE :. ,'.lac V. }loft. on, Chai.'-mar~ Attest: By': Appf?,OVED AS TO FORM AND LEGAl. SUFt':ICIF. NC Y Renee Francis Lee Count.'/ Attorne7 Page 5 of 9 10 PASSED AND DUI, Y ADOPTED 'l'~llS _~ ]'/~- 999. Bt)ARD OF (OIJ~. I Y CONIMISSI()NI_.],tS OF' COI, LIER COUNTY. By: ~/ t.' L/ ~! ~ ~' ~---., Signag~.t'e of CHAIR OR COMMISSION):~R DESIGNEE Attest: DWIGHT g. B'RocK, _C_ _L_E_R_)_~. APPROVED AS T() t:OR.Xl AND SUFFICIENCY Page t~ or' 9 10 PASSED AND DULY ADOPTED THIS ~-)(,c DAY OF /-/.~r' / / . 1999. B~L,\RD OF C(')I~N'['Y COMMISSI¢)Nt£RS (-)t- GI.ADEiS COI,:NTY. FI.()RII),,\ Attest: Signa-t~rc t;I~CH,\IR OI~ COMMIS.";IONi-:R I)}:Sl( ::!, :: ~ ?.' .,.-. . :XI'PROVF~D AS T() I:ORN1 .,\NI) l.l(( iAI. SI:I:FICII:.NCY / Page 7 of 9 160 10 P..\SSED AND DULY ADOPTED THIS B()ARI) ()F COl IN'['Y COMMISSi()NIil~,S O[-' t tI:,NDRY COUNTY. FLORI[):\ At'I'R()Vt~I) ,,kS T( ~ I.'()R.Xl ,,\NI) 1,1.,( ;,,\1, SUFFICI[:,NCY /) ,:.,(/ Page g of 9 10 PASSED AND DULY :\DOPTED TI-lIS 1st [)AY ()l: ,June I~,{)..\RI) {DF' COl/NTT {/ONINII.'<,'<,I{ I.Ef! CQI 'N]'Y. Signature ,if CHAIRiQR C(').XI,XlI.SSI .)Nt:k [)~..Sl( ,:~}£I-] Attest: D EPUTY-C[:~,K ,.\PPR()Vf£D A.% T¢)I:¢)RNI .-\NI) SI/FFtCIENCY Count~ Attorney's Office 16E2 RESOI_,UTION NO. 99-246 A RESOLUTION OF TItE BOARD OF COUNTY COMMISSIONERS OF CO[.I.IER COUNTY, FI.ORIDA, AUTHORIZING TttE BORROWING OF NOT EXCEEDING 56,500,000 FROM TIqE POOI.ED COMMERCIAL PAPER LOAN PROGRAM O1: TItE FLORIDA LOCAl. GOVERNMENT FINANCE COMMISSION PURSUANT TO THE TERMS OF THE LOAN AGREEMENT BETWEEN TIlE COMMISSION AND TIlE COUNTY IN ORDER TO FINANCE THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF AN AD,XllN1STRATI\"E BUll. DING FOR THE SHERIFF'S DEPAR'INI[-iNT: AUTItORIZING TItE EXECUTION OF A I.O..\N NOTE OR NOTES TO EVIDENCE SUCH BORROWING; AGREEING TO SECt.;RE SUCH LOAN NOTE OR N()'I'ES WITII A COVENANT TO BUDGET AND APPROPRIATF. I.EGAI.I.Y AVAILABI.E NON-AD VAI.OREM REVENUES AS PROVIDEI) IN 'l'l LOAN AGREEMENT; AUTiIORIZING THE EXECUTION AND DELIVERY OF SUCII OTIIER DOCUMEN'FS AS MAY BE NECESSARY TO F_FFf-'.CT SUCtt BORROWING: AND PROVIDING ,,\N [:.FFF. CTI VI! I),.\TI'], BE IT RESOLVED BY TIlE li()ARD OF COUNTY COMMISSIONERS ()F COLI.,IER COUNTY, FLORIDA: SECTION 1. DEFINITIONS. Unless thc context of usc indicates another meaning or intent, the following words and terms as used in this Resolution shall have thc following meanings. Capitalized terms not defined herein shall have thc meanings ascribed thereto in the hereinafter defined Loan Agreement. "Act" means, collectively, Part I. ('hapter 125, Florida Statutes, Part I, Chapter 163. Florida Statutes, and all other applicable provisions of lax,,'. "Additional Payments" means the payments required to be made by thc County pursuant to Sections 5.02(b), 5.02(c), 5.02(d), 5.05 and 6.06(e) of the l,oan Agreement. "Board" means the Board of County Commissioners of thc Cotmty. 16E2 "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 the Clerk of the Circuit Court for the Coun .ty, ex-o~cio Clerk of the Board, and such other person as may be duly authorized to act on }lis or her behalf. "Commission" means the Florida Local Government Finance Commission. and any assigns or successors thereto. "County" means Collier County, Florida, a political subdivision of the State of Florida. "County Administrator" ~neans tim County Administralor of tile County and such other person as may be duly authorized to act on his or her bet~alf. "Designated revenues" means (1) Public Agency Moneys budgeted and appropriated for purposes of payment of the Loan Repayments and any other amounts due under the Loan Agreement, and (2) the proceeds of the Loan pending the application thereof. "Draw Date" has the meaning set forth in the l.oan Agreement. "Finance Director" means the Director of Finance and Accounting and such other person as may be duly authorized to act on his or her behalf. "Loan No. A-I 1-1" means tile Loan designated as "Loan No. A-1 I-1" tile proceeds of which are to be used to finance Project .,\-11. "Loan" means the loan to be made by tile Commission to the County fi'om proceeds of the Series A Notes in accordance with the terms of this Resolution and of the l.oan ,Agreement. "Loan Agreement" means the Loan Agreement. dated as of April 12, 1991. between the County and the Commission, as amended and supplemented and as the same may bc further amended and supplemented. "Loan Rate" has the meaning set forth in tile Loan Agreement. "Loan Repayments" or "Repayments" means tile payments of principal and interest at the Loan Rate on the Loan amounts payable by the County pursuant to the provisions of 16E2 the Loan Agreement and all other payments, including Additional Payments, payable by tile County pursuant to the provisions of the l,oan Agreement. "Non-Ad Valorem Revenues" means all legally available revenues of the County derived from any source whatsoever other than ad valorem taxation on real and personal properly, which are legally available to make the Loan Repayments required in tile Loan Agreement, but only after provision has been made by the County for the payment of services and programs which are for essential public purposes affecting the health, welfare and safety of the inhabitants of the Count',' or which are legally mandated by applicable law. "Program" means the Pooled Commercial Paper Loan Program established by' the Commission. "Project A-11" means the costs and expenses relating to the acquisition, construction and equipping of an administrative building for the Sheriffs department, as tile same may be amended or modified from time to time. all as more particularly described in tile plans and specifications on file with the Count,,,. "Public Agency Moneys" shall n~can the moneys budgeted and appropriated by thc County for payment of tile Loan Repayments and any other amounts due hereunder from Non-Ad Valorem Revenues pursuant to tile County's covenant to budget and appropriate such Non-Ad Valorem Revenues contained in Section 6.04 of the Loan Agreement. "Resolution" means this Resolution. as tile same may from time to time be amended, modified or supplemented. "Series A Notes" means tile Commission's Pooled Commercial Paper Notes. Series A (Governmental Issue), to be issued from time to time by thc Commission. The terms "herein," "hereunder," "hereby," "hereto." "hereof," and any similar tcrms, shall refer to this Resolution; the term "heretofore" shall mean before the date of adoption of this Resolution; and the term "hereafter" shall mean after the date of adoption of this Resolution. Words importing the masculine gender include every other gender. Words importing the singular number include thc plural number, and vice versa. SECTION 2. AUTtlORITY FOR RESOI. UTION. This Resolution is adopted pursuant to the provisions of the Act. 16E2 '! SECTION 3. FINDINGS. It is hereby asccrtaincd, determined and declared that: (A) The Commission has been established for the principal purposc of issuing commercial paper notes in order to provide funds to loan to public agencies, such as thc County,, desiring to finance and refinance the cost of acquiring, constructing and equipping. capital improvements and to finance and refinance other governmental needs. (B) in furtherance of the foregoing, tile Commission shall issue, from time to time, commercial paper notes to be known as "}:lorida Local Government Finance Commission Pooled Commercial Paper Notes, Series A ((.~ovemmental Issue)" and shall loan thc procccds of such Series A Notes to public agencies, including the County. (C) Pursuant to the authority of thc Act, the Commission has agreed ~() loan, from time to time, to the County such amounts as shall be authorized herein and in thc lx~an Agreement in order to enable the Coumy to finance, reimburse or refinance thc cost acquisition, construction and equipping of capital improvements. (D) There is presently a need by thc county to finance Project ,\-I 1 and thc most cost-effective means bv v,'hich to finance Project A-1 I is by the use of moneys ohlaincd pursuant to the Program by means of thc (E) The County hereby determines that tile provision of funds by the Commission to the County in the form of Loan No. A- 11- l pursuant to tile texqns of the Ix)an Agrec,ncnt and the financing of Project A-11 will assist in tile development and maintenance of the public welfare of the residents of the County. and shall serve a public purpose by improving the health and lMng conditions, and providing governmental services, facilities and programs and will promote the most efficient and economical development of such services, facilities and programs. (G) Loan No. A-I1-1 shall be repaid solely fi'om the Designated t?,cvcnucs. Such Designated Revenues shall include moneys derived from a covenant to budget and appropriate legally available Non-Ad Valorem Revenues. The ad valorem taxing power of the County will never be necessary or authorized to make the Loan Repayments. SECTION 4. TERMS OF LOANS. The County hereby approves of l.oan No. A- ll- 1 in the aggregate an~ount of not exceeding $6,500,000 for the purpose of providing tile County with sufficient funds to finance l'roject A-II. The Chairman and the Clerk are hereby authorized to execute, seal and deliver on behalf of thc County a Loan Note or Notes with respect to Loan No. A-I I-I and other documents, instruments, agreements and certificates necessary or desirable to effectuate Loan No. A-11-1 as provided in the l.oan Agreement. The Loan Note or Notes with respect to Loan No. A-I 1-1 shall reflect the terms 16E2 of such Loan and shall be substantially in tile form attached to the l,oan Agreement as Exhibit I. The Finance Director shall make tile Draw Request or Requests with respect to Loan No. A-11-1 in accordance with the terms of the Loan Agreement at such time as shall be determined by the Finance Director as appropriate to finance P~Ject A-II anti is permitted by the Loan Agreement. Loan No. A-I I-I shall mature and be repaid itl such manor as the Finance Director and the Commission shall determine prior to tile issuance of any Loan Note with respect to Loan No. A-I1-1 so long as the final maturity of such l,oan Note shall not be longer than thc expiration date of the Credit Facility. l,oan No. A-I1-1 shall bear interest at the Loan Rate in accordance with tile terms of thc l,oan Agreement. The Cotmty farther agrees to make all Loan Repa,~qnents required of it pursuant to thc terms of the Loan Agreement. The Letter of Credit fees for Loan No. A- l I- 1 shall bc 30 basis points or such other amount as First Union National Bank and tile Finance Director shall agree. SECTION 5. AUTilOi,IIZATION ()F PRO,JECT A-I 1. Thc County docs hereby authorize the acquisition and construction off Project :\-11. SECTION 6. SECURITY FOR TIlE LOAN. Thc County's obligation to repay t. oan No. A-11-1 will be secured by a pledge of and lien upon the Designated Revenues in accordance with the terms of the Loan Agree~nent. Thc obligation of thc County to repay Loan No. A-I 1-1 shall not be deemed a pledge of the faith and credit or taxing power ofthe County and such obligation shall not create a lien on any property whatsoever of or in tile County other than the Designated Revenues. SECTION 7. GENERAl, AUTIIORITY. Thc members of thc Board and the officers, attorneys and other agents or employees of the County are hereby authorized to do all acts and things required of them by this Resolution and the Loan Agreement, or desirable or consistent with the requirements of this Resolution and the Loan Agreement, for the full punctual and complete performance of all the terms, covenants and agreements contained in this Resolution and the Loan Agreement, and each member, employee, attomcy and officer of the County or its Board is hereby authorized and directed to execute and deliver any and all papers and instruments and to do and cause to bc done any and all acts and things necessary or proper for carD'ing out the transactions contemplated by this Resolution and thc Loan Agreement. SECTION 8. SEVERABILITY. If any one or more of the covenants, agreements or provisions herein contained shall be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining 16E covenants, agreements or provisions and shall in no way affect the validity of any of the other provisions hereofi SECTION 9. REPEAL OF INCONSISTENT RESOLUTIONS. All resolutions or parts thereof in conflict herewith are hereby superseded and repealed to the extent of such conflict. SECTION 10. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. DULY ADOPTED this 25th day of May, 1999. (SEAL) ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: PAMELA S. MAC'KIE, CHAIRWOMAN s ignature:oilJ. Approved as to form and legal sufficiency: David C. Weigel County Attorney 6 2 AC. GJ~E~.~M_EN_! THIS AGREEMENT made this~_.~y of _Z~. -z~,{__ , 1999 between COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS, ACTING IN THEIR CAPACITY AS TRUSTEE OF THE GAC LAND TRUST, (hereinafter referred to as "Trustee"). whose mailing address is 3301 Tamiami Trail Easl. Naples, Florida 34112, and COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, (hereinafter referred to as the "County"). whose mailin9 address is 3301 Tarniami 'lrad East, Naples, Florida 34112. WHEREAS, Trustee has acquired 1,061.5 acres located in Collier County. Florida (hereinafter referred to as "Properly"), from Avatar Properties Inc. flk/a GAC Properties Inc. in accordance with the November 15, 1983 Agreement between Avatar Properties Inc. and Collier County, (hereinafter referred to as the "1983 Agreement"): and WHEREAS, pursuant to the 1983 Agreement, the Property deeded Id Trustee and/or thr: monetary proceeds acquired from the subsequenl sale of said Property are to be used to provide governmental facilities within and for the geographical area known as "Golden Gate Estates": arid WHEREAS, Trustee currently has funds derived from the use and/or sale of a portion of the above-described Property; and WHEREAS, County is requesting Trustee purchase that property described as the North 1/2 of Tract 51, GOLDEN GATE ESTATES, Unit No. 9, according to the plat thereof, as recorded in Plal Book 4, Pages 99 and 100. of the Public Records of Collier County. Florida (hereinafter referred to as "Land"} and to utilize funds from the GAC Land Trust to initiate the design and engineering of an emergency medical services and future Sheriffs Office facility which shall be constructed on the aforementioned Land located within "Golden Gate Estates"; and WHEREAS, Trustee has determined that County's request is m accordance with the inlent of the provisions of the 1983 Agreement and accomplishes the purposes of said 1983 Agreemenl by providing funds for land acquisition, design and engineering required to construct an emergency medical services and future Sheriff's Office facility (hereinafter referred to as "Facility"). WHEREAS, Avatar Properties Inc. has prowded a "Letter of No Objection", dated May 10. 1999, approving the use of funds derived from the sale of Property to acquire the Land and to fund a portion of the design and engineering (hereinafter referred to as "Design"} for the Facility within "Golden Gate Estates". WHEREAS, the County intends toinihatelhe Design of the Faolily upon execution of this Agreement. NOW THEREFORE, in considerabon of the above premises which are incorporated within and made part of this Agreement, and in further consideration of the mutual covenants set forth below, and other good and valuable consideration, acknowledged by the parties to be sufficienl. JuSt and adequate, the parties hereto do agree as follows: 1. Trustee hereby agrees to contribute a [n_.axJ_u]%L~ of Fifty Thousand and No/100 Dollars ($50,000.00) of the total funds to be expended by the County for purposes hereinafter stated, (hereinafter referred to as the "Funds"), for purposes of initiating the Design of ~he Facility and acquiring the Land in accordance with the lerms and conditions of this Agreement, provided said Funds are to be used solely for the Design of the Facility and the acquisition of the Land. 2. The County agrees and warrants that the Funds will be used solely for said Land acquisition and Design needed to provide an adequate Facility to serve the public. 3. The County hereby agrees that the acquisition of Land and Design of the Facility shall be in accordance with all applicable bidding or other requirements for the procurement of property and sen,ices as set forth in Chapter 287. Florida Statutes, and such other statutory provisions as may be applicable. 4. Payment of the Funds to the County for the Property and Facility shall be in accordance with the following: (1) All Land costs shall be withdrawr~ directly from Fund 605, GAC Land Trust. and shall be administered by the Real Property Management Department. (2) The Trustee shall make available those remaining Funds ($50,000 less any and all Land and associated costs) for the Design upon County's acceptance of a design consultant or firm to provide such services as required herein. Said payment(s) shall be made within thidy (30) days of receipt of appropriate verification as stated below by the Trustee. with copy to the Real Property Management Department Director, of said verification. A. The County, or its designee, shall: (a) provide the Real Property Management Department Director. copies of all invoices, purchase orders, checks or other documentation which evidence the expenditures by the County of the Funds used for Design. Said documentation shall clearly state the purposes of said expenditure. Payments(s) shall be approved upon satisfactory review by the Real Property Management Depadment Director and shall be made payable directly to the appropriate vendor. B. Upon completion of the Design of the Facdity. the County or its designee shall (1) promptly forward a letter to the Trustee stating that all moneys from the GAC Land Trust have been used for the purposes of initiating the Design of the Facility in Golden Gate Estates and that all payments have been disbursed in accordance with the Agreement; and (2) refund to Trustee any and all Funds, or any portion thereof, not utilized for sa~d Land and Design shall be deposited directly into the GAC Land Trust Fund 605. C. The Land shall be utilized by the County for an emergency medical services and Iuture Sheriff's Office facility, In the event that the Land is not utilized by the County for an emergency medical services or a future Sheriff's Office facility, it is understood and agreed b~' the parties that the Land shall revert to the GAC Land Trust and any Funds provided for the Design shall be refunded and repaid to Trustee. within thidy (30) days. and shall be deposited directly into the GAC Land Trust Fund 605, D. The County covenants and agrees that upon the payment of all or any poe. ion from the Funds in accordance with the obligation contained in this Agreement it shall be the further obligation of the County to pay any remaining balance required to complete the construction o( the Facility, E, All Funds requested, in accordance with th~s paragraph Shall be disbursed within twelve (12) months of the execution of this Agreement by both parties. In the event that the Design is not completed by the County within twelve (12) months from the execution of this Agreement. it is understood and agreed by the parties that the County shall refund or repay to Trustee, within thirty (30) days. any and all Funds which have been provided to the County pursuant to the provisions of the 1983 Agreement. 5. County agrees to protect, defend, indemnify and hold tho Trustee harmless from any and all claims, actions, causes of action or liabilities including attorney's fees and costs arising from or in any way connected with the use of the Funds or the selection, pdrchase, delivery or installation or use of the Facility by the County, its agents, emplo'/'ees, or in any way related to the Facility by the County, its agents, employees or any third party 6. The County understands and agrees that the Funds to be provided Io Collier County in accordance with the terms of this Agreement have been derived from and are being provided solely for the sale and/or use of a portion of the Property conveyed to Collier County pursuant to the 1983 Agreement administered and managed by the County for the GAC Land Trust and that such Funds are currently in Fund 605-122390 (The GAC Trust Land Sales Fund) 7. The County agrees that following construction of the Facility, tr~e site shall be used primarily for servicing the geographical area commonly known as "Golden Gate Estates". 8. This Agreement is 9overned and construed ~n accordance with the laws of the Stato of Florida. 9. Any notice required by this Agreement shall be addressed to the parties at Ihe address set forth below: IF TO THE COUNTY Collier County c/o Emergency Med~(:~',l Services D,;partmenl Building "H" 3301 Tamiami Trail East Naples, Florida 34112 IF TO THE TRUSTEE Collier County cio Real Property Management Department Administration Building 3301 Tamiami Trail East Naples, Florida 34112 10, This Agreement represents the entire Agreement between the padies, and no promise. representation, warranty or covenant not included in this Agreemenl 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 untess made in writing and executed and dated by bolh padies. IN WITNESS WHEREOF, Trustee and County have caused this Agreement to be duly executed on the day and year first above written. AS TO TRUSTEE: DATED!. ~-*:~.~ q Al'TEST: DWIGHT, E;-BROCK, Clerk Attest as t~..'~.,: !r~,'$ AS TO COUNTY: DATED:. ~'.~ ~-- G~_____ ATl:F:ST: ' DWIGHT E._BROCK, Clerk DEPUTY CLERK Attest ~: t.~ 'h~ :,~.,~'$ COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS, ACTING IN THEIR CAPACITY AS TRUSTEE OF THE GAC LAND TRUST /- / ,; ,L. '..PAMELA S. MAC'KIE, Chairwoman COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA I ~ ~- .... BY;/ PAMELA S. MAC'KIE, Chairvcoman Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between JUAN A. REYES, (hereinafter referre~ ". -.':; "Owner"), and COLLIER COUNTY, a political subdivision of the State of Flodd8, '.'~ .~',?-es.":.'z :_.. ~,: -'-zsigns (hereinafter referred to as 'Purchaser"); WHEREAS, ~;,'cnaser requires a fee estate in that land (hereinafter referred to as the "Property"), located in Collier County, State of Flodda, and being more particularly described as follows, to wit: The North '~ of Tract 51, GOLDEN GATE ESTATES, Unit No. 9, according to the plat thereof, as recorded in Plat Book 4, Pages 99 and 100, of the Public Records of Collier County, Flodda. WHEREAS, Owner desires to convey the Property to Purchaser on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Property; NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Property to Purchaser by Warrant'/ Deed for the sum of $35,600.00, payable by County Warrant (said transaction hereinafter referred to as the "Closing"). 2. Pdor to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove or release such encumbrances from the Property upon their recording in the public records of Collier County, Floflda. Owner shall provide such instruments, propedy executed, to Purchaser on or before the date of Closing. 3. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date Purchaser executes this Agreement; provided; however, that Purchaser shall have the unilateral Hght to extend the term of this Agreement pending receipt of such instruments, propedy executed, which either remove or release any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the conveyance instrument to Purchaser in a form acceptable to Purchaser. 4. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibils attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises. warranties, or covenants not contained herein. 5. Owner is aware 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, Flodda. 6. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property. b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and to reimburse the Purchaser with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asseded against the Purchaser by reason or arising out of the breach of Owner's representation under Section 6. This provision shall survive Closing and is not deemed satisfied by conveyance of title. I Purchase Agreement Page 2 8. The Purchaser shall pay for all costs of recording the conveyance instrument and recording costs for any curative instruments in the Public Records of Collier County, Florida. Purchaser shall be responsible for paying any costs and/or fees associated with securing from mortgagee(s), and recording in the Public Records of Collier County, Florida, such full or partial release(s) or satisfaction(s) as are necessary to convey a clear and marketable title to the Properly. All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes, shall be borne and paid by Owner. 9. This Agreement and the terms and provisions hereof shall be effective as of the date Ihis Agreement is executed by both padies and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 10. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a wriiten public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a benefidal interest in the Property before the Property held in such capacity is conveyed to Purchaser, its successors and assigns. (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, Flodda Statutes.) 11. This Agreement is governed and construed in accordance with the laws of the Stale of Florida. _ IN WITNESS WHEREOF, the padies hereto have executed this Agreement on this~/~'-f:lay of Date Property acquisition approved by BCC: AS TO PURCHASER: DATED:~ A'I-I'EST: , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA [..- BY:~__ / AS TO OWNER: DATED: tlame: tJ~ "~re.~o~ · Witne.~s ~fc~Jgn. ature).. Name:~ (Print or Type) Approved as to form and legal sufficiency: Heldi F. Ashton ,~sistant County Attorney BOARD OF C()UN'I Y COMMISSIONERS MISCEI.I...\NI-X)t !S ['()I(I(ESt'ONDliNCI! M/\Y 25. 1999 FOR BOARD ACTION: 1. MISCEI.LANEOUS ITI£MS TO FII. F. FOP, RECORI) WITIt ,\("I'I()N AS I)IP, I'X'TI:.I): Clerk of Courts: Submitted lk~r public record, pursuant to Florida %latutcs, Chapter 136.06(I ), the disbursements for the Board of County Commissioners for H~c period: A. April 26 - 30. 1999 B. Ma.'.' 3-7. 1999 Districts: A. Collier Soil and Water Conservation District - Agendas tH'April 7. 1999 and May 5. 1999 and minutes of *larch 17. 1999 and April 7. 1999 meetings I3. l,ely Community Development [)istrict - General l'urposc Financial Statements September 30. i 998: Local Government Annual Financial P, cport: Description Outstanding Bonds: and Budget Ibr 1998 Minutes: A. tlistorical/Archaeological l'rescrvation Board- .,\genda of .,\pril 16. 1999 B. Public Vehicle Advisory C'ommittce - Minutes of Januarv 5. 1999 meeting C. Emergency Medical Services Advisory Council - April 28. 1999 meeting notification D. ttistorical/Archaeological Preservation P, oard - Minutes of March t 2. 1990 meeting E. Collier County Water and Wastcwater (Utility/Authority - Minutes January 25. 1999 meeting F. Board of Building Adjustments and Appeals - Minutes (abbreviated) of April 7. 1999 meeting G. Pathway Advisory Committee - :\genda of April 23. 1999 and mint, rcs of February 26, 1999 meeting AGEND& ,o MAY ? 5 1999 pg. I I;ECEIVED M Ii.M(IliA NI)I'M NAY 11 i~°.,9 thc per:od .\pr:! 2(5 fi~r,~,.~h .\pr:i 3' :. l'."" BCC VENDOR MA~';UAL WARRANT LOG 04/27/1999 Collier Legal Support Professionals 60.00 484182 150.00 484183 04/2711999 Peabody Orlando 0412811999 Guy L. Carlton-Tax Collector 185.96 484788 04;2811999 Suncoast Schools - Credit Union 113,819.68 484789 04/28/1999 First Union Bank 53,461.93 484790 04/2911999 Comptroller of Florida 35,280 64 48479~ 04/29/1999 Clerk of Courts, Dwight Brock 1.153.88 484792 276 00 484793 0412911999 Comfort Suites 04/29/1999 Vlorld Golf Village Resort Hotel 375.00 484794 BER$O[~ Lcrjal Cgul)Port Banquet Team Florida 2(.I0() Summit-Nohl Ad Valorem Refund Pa.y Roll D(:duction (PPi 5) WC 4/28/99 2090000279153 Abanduned Property Reimburse Ju~ Ch¢~cks Conf(:rence-Becky Wilson BCC PAYROLL MANUAL WARRANT LOG DZ~E ~AME AMOUNT 04/29/1999 Frank!in Chain 443.94 04/29/1999 Christopher Matron 5~ 1.13 04/30/1999 dulio Torres 50.00 04/3011999 Dean R. Colson 450.27 GHEGK.~! BEASObl 203702 70hrs RT, 10hfs SL 203703 80 hfs RT 203704 Employee - Month 203705 Vacation Term RECEIVED Coilier Soil and Water Conservation District Agriculture Center, 14700 Immokah~e Road- Naples, FL 33964-14~¥ Phone (941) 455-4100 - FAX (941) 455-2693 AGENDA BOARD OF SUPERVISORS April 7, 19<;9 i. Call to Order · - '' Call 4. Reports a. Financial b. D.C. Report - 'Fo::}' Polizcs c. MIL Report d. LWCWSP Report e. Field Re,~ Report P. ill ,!el iv 5. Old Business a. Haiderman Creek Pr,'jec~ Update b. Funding Sources 6. New Business a. Response to b P~y Raise Mike c Collier's Growins 7. Other Business ourn~_n~ 8. Adj ~ ~ Subject to Board Approval Collier Soil & Water Regular Meeting March i7, i999 Supervisors present: Carmine :~ittell~ Vice-Cha Sear, [-. morton, S~c, _t~r,~ Laurie L. Mitchel Michael ~. Ramsey ~uDervisors absent: hers presc, nt: A::~hc:~v .rc!izos, :iF. CS hv }{',::it_ met. be,- cf '-: i:{~'.':'l:'~:.. Re, i. The meeting was called 'o order by Carmi:~e F:.t",_~:ll : r} m at the Golden Gate n ...... ' ......... · . . ........n,~" Center. meeting were reviewed. Micha~:~i Ramsey {Xike) moved r. inutes, Sean Morton seccnd<:-], and %he mi:tutes was no,ed ~hat since ,~rinti:;~: ofl the ' } o~, rocc:' ' The D.C. Report ',;as ai':c:n by Tony Pc' :zcs. were submit,~_~ and ai~ were ~i~"-'v~ ~-"'- ' ~ ~. a tokai ,.. ~'' .. . O~Z _,~ or i~ r--~- 'Will :.;ye auDiicants have a.?'i~-s ~ E0 ...... ''' ' irrigation and ~.. .... r~-=t a"~.. .......:.;:':[l~:-~- ha'.::':q:.~ '-o do ',.'it.}~ chon::inc.. and burning. MiL Report was passed c.:' . Tony ~ :: fc. ,. =,i th .... .... 'unc:r,,i:;o,. that in Ju~.._ Bob and ,,Vike (>{~i,. technicians) ',.:i~ l~. ~,', .... one week session in Sarasota Count'/ on irrigation Systom "o help them better understa::i the pr~nci[oles behind water management anc ~._~9'a<. .':.n . ~ . The Field Rep a~tend the meeting. Laurie Mitchell went ovei' he. m.nu,_es from ~_h_ NACD Meeting in San Diego. Main theme of the meeting was "Sacred Cows Make Better Burgers", meaning the old ways are not always the best. They also came up with the s~ tuation that most groups have a "firehoser" among them; someone who dowses the idea, spirit and r)ositive energy of the group. Don't ]et them, ask why not?, push the issue, don't just accept their answer. Public service announcements were a great i,d~a_. LO i rio_:~'~'~ ~ ·Dubl i c awareI-~,3s£;, along with Adopt A Road prog:-ams, sicns stating "You are enter Collier Soil & Water Conserva:.ion Distric:~" Suggested re, ak[hq our own video, regional for our ~:'(.a, to use i:~ ?;bi i(: announcements. Ton'/ suggestei that a group like "}~e may want tc partner with us .... !osin,~, Laur'-. ""~'~' ~'~ about 8 oeor~ie frcr. the s'-a:., st Flor:da at-t~nded ', h. :n ..... ~:~':. Under Old ~ ~c~"~ , ax '.:~da:'e on '~'~" ' ' ~ Project 'was given. Tc::y inf_c:med "P:~ Loard thnt ]ar~t w..,.k ~,,. '' boa: with John Eoldt man,~,-:,.~ ',: able to tour the area D/ Stormwater Management, along wit~ ~ruce Mc:Jail, a: ,-.:<~i:-..-.~: John Boldt and Kevin Dugan with the county's T:atu:q! Department. Pictures w~e pas=~d out. Another mceti,'q scheduled for March 22. The county would like tc c{~ :n and the areas that have no sea wall or ril}-rap a:-.d set up a tax distric% ~o have %ne la:~:o',.':-?:-s pa}, ~c,,r {t. : informed the %-' ": ' th,'~: ~:I'.-.~::} <~:scov,-:, ': .... : .,.~ {, :i t h,l' the Stat~ ...... ',-id2~. "~'~ ........... ~:-':'st-, r:,! ':: ....-] ~' What u .... : ~ , .. the best way that the CSWCD ran participate 's as ~ :-,il~:: abatement ~roiect ant on~n.:, q:'nnt n t, . [' . .... ~k,. ..... -.., , ~.j:; ' hc :~,.~..'m,~,~' and keen ;' 'to:r, ,,:;: ,:~ ;:'~: We ' ' have a ~:a''~''¥~:~'' wi'. i: 'h," _e~illing u= ~h~- creek ',.'-u;n Save The :!ay. This ',.'-7.;id h.,-: , ,~,-::~q:lr:t:nt i,',:l : :',:.;'"' , ' ~_:,.z v;no~,~ :':3bl~-r c..'.:nty ',,'o':id b,'~ some~h~n~ Lc cure -'-~ ' ~ -- ' . .... Thc: ~,~c:;: to monitor t:-n s~'-,'c:,_~:~r's , ~.,- ':art,;,.': a",' ,',' ,.'n::;," effectiveness before and a~',-:r would be ,-~sndnsible for mak':':~: ::'::,' · :,,, m:~i:;t~.:i,'~:.'"' it; ,i.::~ .... the structures. The board a,::'e,:d 'c N":'sue 'his The ~z~.~ch and poster '%:,.'ces'i:~ v.,.-~:-,: d:~:c'.isse ~. ;,'.t,.r .... .. ~, ]s .-1 ..... '. "', dlscUSSlOr~ tfle ~'oa~'; ,'~,n'~r d :el i:,e '3:i t):,it. ', : ,-it.' .......... ,, contests this ':'ear. Final :~em u:,t:.:r old :: .... :; v.',,:' · ::,-- 'ktd}',~ :: ,,'....,..,,:..ir'. Program Evaiuatio:: Guide fo: i:'~t;' ',:a~ ~-.:<.,::~::,'.d. :, ':: !.-: :.ii: made the v. 3l LOll ?.C, ~CC~pt ~ .... " '-;,t ; .... ' ' :.,. ,". ;, i tiS,, i :~, seconde.i hv Carrel:t,> Pitt. ell ~:.,: ' ~ ...... t :,.:. vt::' :,,,: First :tern under New gur;t::es:~ was ":.~*-~' es ',.;:,t er Conservation Month" Tony st:-;ges' ed nr~',.'spaper art lqs nnri approachinc the Cot;:ttv Comm':'::~zoners a,.~,tt st~t. lng at: one ~ ' .... ~ ':'h~ boa their meetincs, *hat Aor;l ;r' Wa~.~ ~ .... ~.~,",atlc)n ,,..n,~ . consented to pursue April '~? Water' gc:tservat:'L:t Mike Ramsey th~'n infcrr'.~d t_~,,-: boa],i abc:;% th~'' Na~ies Net. Aft,=~ tat'zing with the 7>~pi,~s ::r~ 'ie% r'~o~d::;a';~r ~,r, r)ur own iD and we determined that we can get ~'~ we can each can take one of our sites and designate it as a C~:i!i~3r So~l - ~- Web sit~ I~ '.ye want a oerso~la' i.z,2d i~' there Water Co.~s_-~ation .... is a $50/year donation for each <}ne. Mike feels tha" ,}-ma:] extremely efficient '.or cir,:u'ating a motion cf pursue hooking ':o wi~-h NaDles ;-'rea seconded and the rd:ion was At this point Laurie Mitchell !eft as she had .:~ nrior commitment. sources 'was Nancy Hughes requested -hat the heard ?a':' to .~-~;nla<:,:: :.~<- drum in the ~o~-/_. :~ -a~-:-,~-,,. _,...~_ at :~ cosz of ~23e ...... iarm:'-~-- :~{tt~.~]J~ _ - ~r, the motion to pay for a ne',.' ir'dm, nike Ramsay sec~ndc,~] ;.iv[ the motion was 'massed. Tc::y informed the bear i 'hat the >:iL's is no tcnger worth renalr~x.:. This is a piece the Mil, uses and thus :leeds 'is replace. A about *50~,' and Tony recemm,':::ded that ~t k.~- ' --s~ ~he --- ion to :3urchase a new Ramse'z and '-h~- --' '--' was The Lev;er '.';es:. l'cast :';:~'.er Supply Pla:, (l~:';:l:';aF '..ia:' discussed. Tony and !dike Raiser attended the first .';,-:t:::<:; most of the men..r~ers were bis fa.--:: units, ' ~{~- ~ . ' ' · mun._.~ilt.e~, ._tie ,:o::n,.';, Save the Manatee Club, Florida Wildlife Federation, a:~d water suppliers. Tony feels ::hat this is an approF~r:ate ~:ommittee for us to be a member of. information ',;as passed cji LWCWSP is an advisory committee spearheaded by the South N!or~da Water Management District. Their goal is t<~ identify sources of water and lundin-: ED meet t}~e needs; th.'~v design a plan that wi!! addt.~s tlu.'~ l( year dre'.:gh . Of this Cdr.mi:tee. Tony agr,-.,d that t)::s ',:eL:id be , !.z'ud idea. Carmine Pi:ii:alii made a moil :I to send a l.::_t:e:' re ives: involvement in the LWCWSP Cz:'.mit~ee, Mike 9ams,~'.v seco:ideal and thc. motion ',;as passed. !t was dc:.:i, ded that :dike Par. say ',.ovid supervisor representing us. Under Other Eusiness, :,ilke Ramsay nresented to: the board draft of our oninion on the ..',:-my CorDs off E:igineers S©uthwest Florida E:lvlronmental in..pact Statement-. Afro'. some the opinion letter ',.'as re';i.~{.:-d into a .~-e.~,-'©!ut-lor:. Pittetli made the me, ion tim .5ass tile :-<;so!u'._ic',:'~, Scan Morkon seconded and the .... ~solu~ion ',.'as passed i'his v.'ii~ "b~. .In be forward to Commissioner Pan,. Mac'Kie. Meeting adjourned at 6:<.0 COLLIER SOIL & WATER CONSERVATION Financial ReD©rt DISTRICT Beginning Balance Expenditures Salaries Employee Taxes ~o,uks, Publ ~ cat P©st ace ,?:i i Phone Total Expendi ~,· ~res Rece ' ' Pia~ Directories Sa ! es Tax Soil Surveys Aerial Photos Total Receipts i :, 2'15.,':0 ] 6 ] . 0 C' 4 'l . 0 ( '; . 13,606.90 Ending Balance as of 3/31/99 D.C. Report Naples Field Office April 7, 1999 Landuser *EQIP Applicants Davis-Finks Cattle Co. James Ccllcsimo Robert Tipton Eddie Henderson 1826 }{785:< 285 Hy846 129,9 .:{':'55 :' *All practices designed Waste Management System Tim ,.,uccc ~mm. ,., _;~ S) Wetland Determinations Kathy Pres!ey {LAP} Donny Crawfcrd !LAP} Donny Crawfcrd {LAP} ~. 83 ....... r: ': :-e',.' Conservation Planning Dick Nouaj (Harvest fcr Other LWCWSP Attended 3rd rec'~la: ,.~-eti.n{7, ep:i.qtinc_ a.nd water use ',:as discusseG i':- agriculture ~m-i u:'ba:u a Discussed CSWCD as an adv scry .... mb,.. .,:~t+- T:'udi chairperson of the commi''~ ..~ and newest -:~"~,rni::c~_. ~ beard member cf SFWMD. Haldeman Creek Discussei structure and iocat'~on with Bruce McNall and Job:-. hoidt of Storr. water :.'.~t. Kathy Hunt discussed filter st:~ucture place.".ent for cne marinas. Owner seemed ve.~y receptive. Antho.~y P/~iizos District/Ccnservat ionist United States Department of Agriculture Natural Resources Conservation Service 14700 Immokalcc Rd. Naples. FI. 3412{) {941 )455-4 I00 ,'.{arch ~' Collier Soil and ''? ~er Agricui%ure Center 14700 immokalee Road Naples, FL 34122 if you nave ax':' cuesticnr concern':'.': ?:;is :',:r~o . · - call us at (94i) 455-4i0~. Lower West Mobile Irrigation Coast Laboratory Quarterly Report Second Quarter. Fiscal Year 1999 January 1, 1999 through March 31. 1999 Collier Soil and \Vater Conservation District USIDA Natural Resources Conservation Service South Florida \\'ater Management District Agriculture Center 14700 Immokalee Road Naples, FL 34120 f941) 455-4100 USDA- Natural Resources Conservation Service The U.S. Department of Agriculture (USI)A) prohibits discrimination in all its programs and activities on thc basis of' race, color, national origin, gender, religion, age, disability, political beliefs, sexual orientation, and marital or C~mil.v status (Not all prohibited bases apply to all programs). Persons with disabilities xs']~o require alternative mca~s li)~' connmunication of' program int23rmation (Braille. large prin~. attcliotal)c, etc.) should c()n~act [YSl)A's 'l'.&l<(;I{'l' ('c:~tc~' ~t (2(12) 720-2600 (voice and TDI)I. To file a complaint of discrimination, write [JSI)A, l)irccto;, Office of Civil Rights, Room 326W, Whittcn Builctin~. 14th and Independence Avenue, SW. Washington. IDC 20250-94 I0 or call (202) 720-5964 (voice or TI)ID). USDA is an equal opportunity provider and cmplr~ycr. I~UFRODUCTION The c~,~ Quarter of F~= '1 ':'ear i9~ fror. Ja:n~ary i ~ th~ouch ~.'ar~h 31, 1999 continues this twelf~.h the Mobile Irrigation Lab (MIL). The Mii~ completed 2g · · c~ar~ :- 25 evaluations wore evaluatzons curing the second ..... =~; acricuitur~l, & of which were follow-up re-evaiua: ~on:~, and sr~em.. ~m~ agricu]tura! evalu 8 were urban sprinkler .... = ..... were al! ci~r~ systems rna= .~olmo are assistance. Tke ~-~icu!tura] e';aluat4 ...... ~:,%re ~a~c~- cl ........ ' ...... ix Hexdrv County. 72~e · '~'-.-. ci rE ~,-~ .... fir--- ~..ct~.~-~ ' eva!uat:i~..s ,,:_ _ t s .... : r~re,;ioEsi'.' evaluated by the MiL and were '-; ~ .... n~r.~ ~3.t t-%.r. '''' ?/steT. ;~' "~'~ .... ' ..... ' -' ; ~- ,-~-: '-', (bert.--'- ti:~.'' 9.%.%., ?L-~t_ey i_n~-~.~:~.-~. ,:.-.: .... ,-. 'h~~ s:'~ ~' ar:,-:ace. 'l'he WorKsF. O:: :re~ ............ ---rat :c.. with the ..F~ese 2~ e-.'a~'la' ; GF.S ...... S_,.tl .. - goals for FY 1929, and it is anticinated that the contract goals will ccntinue to be met in the following quart:ers. Mobile irrigation Laboratory Quarterly Renort: Naples Field Office Second ~,"a~t~~ =v 19~9 January i. to March 3i, iFF? SYSTEHS EVALUATED This report covers the second quarter of Fiscal Year 1999. During the quarter, 28 evaluations were completed, 20 of them were Agricultural systems, 8 of which were follow-up re-evaluations, and 8 were Urban sprinkler systems. total evaluations, the 26 spray jet systems on citrus represented 71%, and the 8 Urban sprinkler systems represented 29% ~Chart i~. These systems i. rrigaLe,! 256.0 acres of citrus, and 4.! acl-es ,sf ':than turf, ~cr ~ 260.3 irrigated acre:.'. RESULTS Syster e'.'aiuat;.'-3r..~3 a:'e : ~ted based c:: the measu:',.:J ....... -.~ · , , and ~"s Uniform:tv ~u, ~ spravle~ systems %he ~32 t'r Uniform:fy ~u~s~ of sDr~x,:ier =i .... ' (Chart 2) , t:.e 8 Urban systems were al! rated Peer {DU less than 60%;, i Acricu!tural s~,=~er~ e-.-a!uet{~.~ wa~ rated (EU less than 70%) , 2 Agricultural syslems were 7air 80%), ~ Acrlcu~tural s-/s-~. _,,,.~ · ~-~._. ~ c~-cd~ "80-9r~%).~ , and i2 Agricuit.-~al.~. . ~='zctems .... '~.,e~,'- rated Excellent ~"~-.~_. 99~} . Of the i2 systems rated Excellent, ~ were foiio',;-u:5 Ail of these re- evajustTM- ~..~. .~=~-~' '~:...~ ,. _.~ s iun~ ~ cant (Chart 2 ~ . WATER SAVINGS Potential Water Savings are based on first tim,: ,~va]uations and estimate the amount o~ water that would be :~aved by making the recomr, ended system improvements and/'<~- following recommended irrigation scheduling guides. Potential Water Savings (PWS) for second <:uarter evaluations wet,. estimated at 10.49 million gallons '32.21 acre feet) . This '..:at. er savings resulted from eva~'~aticxs of 12 s~orav 173.5 acres of citrus, and % ,:valuations systems on 4.0 acres of turi. Actual Water Savings were calculatec from follow-up re- evaluations of 8 agricu!t~ra] systems. The Actual Water Savings total]ed 6.07 million gallons (i8.6B acre feet) . The 8 follow-up evaluations were spray jet systems on 82.5 acres of citrus. An analysis of the Potential Water Savings shows that the average water savings per acre for citrus spray jet systems was 0.03 million gallons per acre, and 0.52 million ga]ions per acre for the Urban sprinkler systems. Actual Water Savings for the re-evaluated spray jet systems <: cJt:rus averaged 0.07 :iilion aa'lo,ns [,~o ..... ac,-,: (~.na:~" --t 4', . Following is a list of ~_c..,.,~.. ...... problems r, hat -Turf and ~a~=F~- .~ ' .. ' ........... area i,-~/catec i'~ ~ne same :son<: -Mixed s~rinki~s/emit2~-s .... -~; -Leaks in pipes laterals, tubes ezitt~-rs/~,z:r'-:-: -,- -~',ISS;I~"i;'"~r:'' r-";*' 'o~ ....... -Spri::k' ,-. ..,:: f ], ..... -S~,e=... o:. wat,:r ;.locked .,. .-':~.' :~' PUBLIC RELATIONS AND ADDITIONAL ACTIVITIES January - MiL staff attended the NRCS soonsored training on Irrigation Water Management held at the Okeechobe~ Service Center. MIL staff held a Workshop ox Urban S:}rin.kle: ~h~ Cc]lier County Agric~lturat Extension c~,-v February March ~ the MiL s~a~:~ attended ~ ~-'-iqa Conservation Committee (:,{iL). mee'-'=:ng a' and Water Conservation D~strict Offices. ~ the MIL star=. attended workshop on Low Volume S.nrayjet irritation Systems and their ' f""' ',~"~ . ]. MiL operation attended by nur~erous area c~, .... Severa systems evaluations requests ',.'ere received at the session. - MiL team assisted the University cf F].orJda, South West Florida Resear,zh and Education Cenz,_~r (SWFREC) in Immokalee, by participati:-,g in a research project involving the application of parasitic nemato¢ies through the irrigation system in their research groves to ccntrol the Diaprepes citrus root weevil. MIL staff att.,-:tded a '~;c:.::;::r.c ressicn on Career Paths in Natural Resourcer and Eng!xeerinu at High School in Naples. KEY TO TABLE Problems 1 Undersized pump for :',umber and type of sprinkler heads 2 Undersized pipe creating excessive friction losses 3 Higher pressure than manufacturer's specifications 4 Lower pressure than manufacturer's,~?=~_c~ ~icatJons 5 Low system pressure ~lue to water supply 6 ~l~er_~t pressures ~'et'weer~ 7 Poor emitter orifice '~liformity 8 Poor overlap ~ ....... s~ 9 Small wetted area 10 Pressure loss due t-o :nadequate pi:~e 1i Application rate > s,-ii infiltration rate 12 Air in lines 13 Turf and landscape a~:a ~rigated in the same 14 Pressure variation d':.~ to elevation ~Jifferencen i5 Mixed sprinklers/emit'ers precipitat:on not matched 16 Mixed sprinkier/em/tt;-r brands or types in same zone 17 Various riser he~gh._~ in same zone 18 Missing/malfunctlonin~: emitters or i9 Missing/malfu:~ctioni7~': pressure gauge, regulator, valves 20 Leaks in pipes, laterals, tubes, emitters/sprinklers 21 Clogged filter 22 Missing/broken emitters/sprinklers 23 Sprinkler overflow 24 Clogged emitters/sprJ nklers 25. Stream of water blocked bV vegetation 26 27 28 29 3O 31 32 Variable crop spacing Poor drainage, requiring water control System used for frost protection only Operating time too long Operating time too short No rain shut-off device No soil moisture meazurln? device Follow-u:~ Recui_'-~-~rn_nt~ .~ 1. Not necessary. 2, Review and evaluate :ecommendations thr©ugk ,'~::u-~::t..~: modeling. Document changes implemented by cooperaLo: . A redesign may be needed in accordance with NRCS s~andards and specifications. 3. Re-evaluate system in the field a=ter recor~,:endat i~:]s have been implemented. ** Follow-up re-evaluation. Soil ,Type CH Charlotte CO Collier GL Glades HE Hendry LE Lee Texture (~rba~!L <tS Coarse Sand F£ Fine Sand NOTE: Evaluation and/or design may involve private- consultants in cooperation with USDA NRCS. [] [] 0 0 -~ 0 0 0 0 ~D. D~ I EU% [] [] "FI 0 MG/acre HEN'DRY COUNTY SOIL LEGEND 1 Boca sand 2 Pineda sand, limestone substratum 4 Oldsmar sand 5 EauGallie sand 6 Wabasso sand 7 Immokalee sand 8 Malabar sand 9 Riviera fine sand 10 Pineda fine sand 11 EauGailie sand, limestone substratum 12 Winder fine sand 15 Gentry fine sand 14 Wabasso sand, iimestc::e substratum 15 Myakka sand 17 Baslnger sand 18 Por,..r~ a n o sand 19 Gator muck 20 Okecianta muck 21 }{ol c.~aw sand 22 Valkaria sand 23 }{aiiandale .?and 24 Pome!lo fine .ua~d, 0' z ~ :~ercent 26 Hoicpaw sand, limesto:.e substratum 27 Rivlerea sand, iimestcne substratum 28 Boca sand, depressional 29 Oldsmar sand, limestone sub 31 Parkwcod fine sand 32 Riviera sand ~ ~-~: , ~_pr_.~.=_on~. 33 Hoiopaw sand, depress/onai 34 Bluff sandy clay loam, limestone 3ub:~' :'atur, 37 Tuscawi!!a fi::e sand 39 Udorthents, O to 5 per,-;ent 42 Riviera sand, ].2mesto:.,: r. ul::~tr,:tu'r, ,.]e::r,':::::~ ,:~,l 43 Popie fine sand 44 Jupiter fine sand 45 Pahokee muck 47 Udorthents- pits comp]ex, 0 to 2 percen~ 49 Matlacha 0 to 2 percen[ slopes 50 De!ray mucky sand 51/55 Malabar fine sand, i:igh 53 Adamsville fine sand 56 Terra Ceia muck 57 Chobee sandy !cam 58 Oidsmar sand, depress~,~nai 59 Winder fine sand, depressional 60 Myakka sand, depressicnal 61 Malabar sand, depressionai 62 Pineda sand, depressicnal 63 Hallandalec rock outcrop complex 64 Hallandale sand, depressiona] 65 Plantation muck 66 Margare fine sand 67 Lauderhill muck 68 Dania muck 69 Denaud- Gator muck 70 Denaud 'RECEIVED Collier Soil and Water Conservation District i3 i§99 Agriculture Center, 14700 Immokalee Road - Naples, FL 33964-1458 Phone (g41) 455-4100- FAX (941) 455.2693 J~l~lJ AGENDA BOARD OF SUPERVISORS May 5, 1999 1. Call to Order 2. Ro~ Call ~ Disposi~'~ · . . - _, ~!~n cf Minutes .;,f7/'3c ant 4/22/9? 4. Reports a. Financial Report b. D.C. Report Tony ?c!izos c. MiL Report d. LWCWSP Report Michael Ramsey e. Field Rep Renort Bill Jolly 5. Old Business a. Haldeman Creek Prc~ect Upda:e b. Adoption of internal Policies c. Laptop d. Fixed Assets e. Funding 6. New Business a. Adopt a Road Program b. Public SeNvice Video c. Conservancy Membership 7. Other Business 8. Adjournment CONSERVATION - D['/[LOPMENT · S£LF-GOVERNMENT Subject to Board Approval CoiiieY cci~ Regular ~.~ee ~lng April 7, 1939 Supervisors present: Robert M. Griffin, Cha;r Carmine Pittel!i, Vice-C~.a[r Seas ~. Morton, Secretary,Treasurer Michael R. Ramsey :arr~vc-d ~::~0) Cu.5~~',~ .... ~- abs~,-,~: La',;rie ' i,lit~he!i Others :;:esent: A:'.% :.%:.v .:;oiizLs, Jo." '~ T';sran, Auiitcr dam i. ,icl y, The meeting was caii~,i to order by .:kchert }:if'lin (Roh~ at 4:10 p.m. at the Golde:. Gate Comr~unitv Cer.'.~e~'. the last meeting were rev~.ewed. Seax Morton mcv.:J to accep'. the minutes, Carmine Pitteiii seconded, and the '".inures accepted. explained that the Budget Actual report is the }es%~ way keep '~ank of cu~ budget ~o ~ls kz.~-s a;~ ~ .... c:. budget expenditures vs to-al expenditures. -el~ ex:~!ained that there are two types ,-~._ ,~=~,,~-:~_~ amendr, ents :~ha~_ the board can do, one is a between i ine amendment which dles chance, the bottom llne,' 'h~. c~''~ne~- budc~-'~_~ ar~,}ndme;,' increase the entire budce'., in which :nstan-?~ kcl:; the r~-'~,'~ and expenditures '~';s~ be innr+ased ~,', the name amount. Carmine Pittel~i_ not!shed fha .......... .,~ .... . .... ~--.'~d~.. breakdown the-'~u___nt'~--~ budce~ 'c include ilne ;te'ns lot each actual e;.;sendit,,~-~,. ~ .... Seas >loft. on =~._u~s~c~ axe' the .not:on was passed. The D.C. Report was ctven by Toni' Polizos. 3x April 13, the Collier County Commiss:.oners will ercciaim Ar~ril as Water Conservation Month. CSWCD will accept the proclamation on behalf of Ron Hame! of the Florida Water Wise Council. The :<IL 2nd Quarter report was passed ou% t.', Lhe board. 28 evaluations were completed, 20 were agricultural (8 of which ',:ere follow-up re-evaluations) and 8 were urba}, sprinkler systems. The Lower West Coast Water Suppl',,' Plan (LWC;.:SP) was discussed next. We have keen accepted as a men,.he:- of this committee, Michael Ramsey (Mike) will be reprer:er:'..ing us. Tony explained what the purpose of this adviscly committ.ec- was to Rob. A list of the new Water Management District Board appointments made by Governor Bush was passed ~'.~t for review. At this time, the board skipped ahead item "C" ur. der New Business. Statistics for ~rcje.:':~ive growth in Collier County b'/ ~he year 2020 was The county's population has grown ky 47% since set to increase by more than 250% ~-~ "~ Projected ~opu!aticn increases in selected .... ~- .... ;iewed, along with the numbe- o~ ~"~ stat schools and amount of ~--;'~"~ng~,_.,~,. wa'~''--- tha"~ '~,'12] ~eet state mandates that ~:o~ntios .... k~r.. cace popuiat~'~n growth. The Field F.e[. reno:' wf~s tabled., due t'. ~ [~ "-d~ ~ld Business =nfcrma~ic.n on ~he Project was updated. A meeting with one of the the area will be set up to discuss filter p!acemen%. ~his meetinu v,';~ be ~¢*~¢,' by Cathy Hunt. %;e are lookin~ at a minimum of the road before this project is completed. The also interested in installing some of %hose stru ..... on th= county comui~''' la Final item under Old .::,usiness '..,,ar3 a disc:.:.%:'ir,:~ funding sources. Rob feels that we need '~o find of money. Tony feels the district needs more st~:ff to pursue additional projects, for example, a gran% ',.'rite~ commission if possible. (?,ill Jolly made the me~ting at 4:55, held up in traffic} Bill informed the boa:-i that he would help with writing grants along with iFAS. Ceff Tuscan pointed out to the board that ~hey need a consistent, fund source. Fund- rai~._, is c 3~.2 ',.:ay, ~o ra~ .s~_ roche'/ .~ 5: budget q.~, we need %o look into rate-.us sources '~o rais,: ~?.:~ey. Michael At this time Bill jolly gave the Field Rep SFWHD is a good source for searching cut grants, ~hey have a grant cocrdinator who searches out grants fo,-- Sci1 & Water Districts. The field day for portable chemical mix!cad centers is set for June. Carmine Pitteiii is arr]nging this field da},. First up under New 5usiness was the audit for FY 97-98. Jeff Tuscan presented the General Purpose Finan':~:~al Statements Eo the Board. He went over ',,'hat %i~ey ,i{.qco';ered doing our audit, their continents on these discove~ les, and the best way to handle our responses. First were prior year audit comr. ents that continue ~',~ a~'.ply. The auditors recommend that the District design n:?] a~]~ut n fixed asset policy. Under the State Capitai~za~ $750 limit is allowed, the board can se[ nhe up to this amount. After some discussion Carmi:~e made the motion to set the capitalization iimi~ o[ fixed assets at $500. Mike Ramsev. seconded and corn .... n.. discussed was the adopt4on of Operating Policies which need to be in wr~tinq. sugu~st~d holding a special meetinf~ to ad~,-,~:~ This will be discussed ,--t-~ in the &: , for a ~e',: minutes. CarmJr:,-. P~.tt.e!]2 a~;~:~.c~: '}:,-. ,'!:.:,i~ .J~:~.::; his absence. Final prior }'ear co?-ent discussed b'/ the the n.e~-d ,-c comuuterize t],e~ccoun~4'-~' svsterz. do this, the district 'wi'' need to purchase a that;.,o"-ncy ',,'i~_. research .... ..~c various tl,,pes and report o.~._k to .... board az Ma?"s m__~z _. current ':'ear comments were reviewed and discus%,:d. Final item under New Business, was the pay :also Michael Hussion (MIL Lab technician), ',:hose annive.~'sary was March 10th. After much discussion Carmine ~ itte!i i ~nade the motion to give Mike an 8% pay increase. M.©t~n seconded by Michael Ramsey and the motic:': pas:3ed. Rob igri~-=in~ = loft_ at 'his time Pittelli assumed the chai: fo:- the Under Other Business, at this time, the hoard d/souse;ed holding a special meeting tc review internal [>ci:.~;ies. !t was decided that a special meeting will be held ~::~ Thursday April 22 at 4:00 p.m. at the Golden Gate (;cmr. u'nit':' Center. Last ~tem' tc be addrecsed under Other -::.u.~'~inc, ss wan the paying of our annual quota .or the ::at~ona] ,,.sso,::atJon of Conservation Districts {.U;:TD) for $70' .0©. Scan Morton moved to pay our membership f~-~__, seconded, bv Michael :':amsoy nnd the motion ',;as passed. Meeting adjourned at ;:::40 p.m. Subject to Board Approval Collier Soil & Water Ccnservation District Special Meeting April 22, 1999 Supe,;~o-s present: Others present: RoD-err M. Griffin, Chair Ca:-mine Pitte!ii, Vice-Chair Se..-~n P. Morton, Secretar?'/'l'reasurer Laurie L. Mitche]t Mirhael R. Ramsey Hughes Hughes, guest ~n~_ ~-, ±nc '..;as ~a~ ed ~o order by Ro:~e'''~ ~:' . . ._ ~olc.:., Gate Co~mE~t'/ at 4:05 u m, at t?° ~' ~ ''" , ........ This was a special meeting to discuss and review internal policies and procedures manual for the daily operation of the district, items discussed included: i. New hirings 3 Salar>'~ waces/benefits/vacatlo:%s 4 Vehic]<. no!icies and procedures : =~- . .... ai ~ciic~ and 6 Assets 7 Travel cost reimbursement A final draft will be.$~sented~-- at the next board meeting for approval. Meeting=s~-'~cu~n~d, - _ at ~.:15 ~.m. COLLIER SOIL & WATER CONSERVATION DISTRICT ~znancia! R_.~o~ 4/i/99 4/30/99 Beginning Balance Expenditures Salaries Employee /axes Other Taxes - Unemp!oy. Comp Dues Other Supplies Professional Fees Postage Cell Phone Mi!, Expenses Misc. Total Expenditures Receipt,% Plat Directories Sales Tax Shipping & Handling Soil Surveys Aerial Photos Total Receipts 2!. ' . q4 -.:.92 2, 5 . 6,'7'76 .20 i :. 56 .; :5 00 ~ 04 367 60 Ending Balance as of 4/31/99 .$ 5.7. ,_.!_1.4..-_9_1 DC Report May 5, 1999 Naples F. O. Landowner Conservation Pianninq Dick Nogaj Tim Mudge Guy Masters Ed Henderson Don Finks Waste Utilization Tim Mud~ WHIP Fieischer Tract (DEP) Eagle Creek (DEP~ Shell Island (DEP) EWHIP Ed Henderson Guy Masters James Co!osimc Davis Finks Cattle Co. Acres Location I00 immokaiee 300 Immokalee 450 Immoka]ee 2000 85~ 2000 859 20 Tower Rd . 58 Shell Island Rd. 2000 852 450 I mm©ka !ce 200 8,'.. 6 Others *SGGE - Held regular meeting of the Tec},. committee. Conservancy assisted in surveying elevations to 1 new well in addition area. Surveyed elevations to 2 repaired wells which were destroyed by fire. *Picayne St. Forest - Attended :r.e,-~ting to add,,-e:;s ]ocatlion of proposed roads. *NGGE Attended meeting to address general permits. functioning as wetlands '..;ill riot be issued g. p. 's. *April - Collier Co. Commissioners proc]aimed April as water conservation month. ~OS Anthony Po~iz Districtpservationist Lower West Coast Mobile Irrigation Lab Progress Accomplishments - April 1999 During April 1999, 10 Mobile irrigation Lab (MiiJ) evaluations were completed. Of the t0 evaiuat:ons, 8 were Agricultural evaluations. These Agricultural eua]uations consisted of citrus crops in Hendry Countl.'. The other 2 evaluations were Urban sr~rinkler systems at sin,<,~!,% fami l'/ residences in .Naples. The MIL staff submitted an article to the Naples Daily for publication. The article £ocused on the Coii i,~:- proclamation of April as Water Conservation Mon~h ~nd t role of the Mobile Irrigation Lak in assistin~ ~r~/~ga~or:~ '.~ conserve water. The MiL staff.~-.~.~-s~ed~ -~ trial D~iod or. one ~o,," meters ~"::~. _,.cusly ~[~pro'/ed f~-c,~ Du,-~,~se.- model will, ' be u,:,,d ,h~ . week ~,f~ Ma'/, i7 at ::~zr:?:'v. . irrication systems locally to help make a choice competing units. The MiL expects to continue completing scheduled eualuations for Agricultural and Urban systems during the rest of May and June 1999, which will allow us to meet ou~- goals for the third quarter of FY 99. MEMORANDUM Ii Misc. Correspondence Agenda I[ Agenda Item # TO: FROM: DATE: RE: Sue Filson, Administrative Assistant Board of County Commissioners Derek Johnssen. General Accounting Manager "/'" Clerk of the Circuit Court/Finance Department May 11, 1999 Miscellaneous Correspondence - BCC Agenda Please place the following items on the next available BCC agenda and call ['ne at extension 8350 with the date and Miscellaneous Correspondence agenda item number. Lely Community Development District Pursuant to Florida Statutes Chapters 189 and 190, the Lely Community Development District has submitted the following: (a) (b) (c) (d) General Purpose Financial Statements September 30, 1998 Local government Annual Financial Report Description of Outstanding Bonds Budget for 1998 Thank you m 0 C) °0 "0 .--'!) m' N O~ -~. -~. ~ April 30, 1999 General Accounting Manager 2671 Airport Road, Court Plaza III P.O. Box 413016 Naples, Florida 34112-3016 Attention: Mr. Derek Johnssen General Accounting Manager Subject: Lely Community Development District Fiscal Year 1998 Annual Financial Report of Units of Local Government Dear Mr. Johnssen: Pursuant to Florida Statues, Section 218.32(1 )(b), enclosed please find the following: 1. General Purpose Financial Statements September 30, 1998, 2. There is no Management Letter, or Management Letter Comments. 3. Local Government Annual FmanOat Report. If you have any questions or require any additional intormation, please contact Yours sincerely. LELY COMMUNITY DEVELQPMENT DISTRICT Randolph G. White Director, Financial Services RGW/sdr Enclosures RECEIVED I I I i ! I I I i I I I I GENEI::LAL PURPOSE FINANCIAL STATEMENTS AND REPORTS OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS Lely Community Development District September 30, 1998 word~z ~-1 at a~mipro\lp~elyV$98 xl~ ldata\123Vp~ely~,f$98 I I I I I I I I I i I i ! I I I I I CONTENTS REPORT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS GENERAL PURPOSE FINANCIAL STATEMENTS COMBINED BALANCE SHEET - ALL FUND TYPES AND ACCOUNT GROUPS COMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - ALL GOVERNMENTAL FUND TYPES COMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET (GAAP BASIS) AND ACTUAL - GENERAL FUND COMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET (GAAP BASIS) AND ACTUAL - DEBT SERVICE FUND COMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET (GAAP BASIS) AND ACTUAL - CAPITAL PROJECTS FUND NOTES TO FINANCIAL STATEMENTS REPORT ON SUPPLEMENTARY INFORMATION SUPPLEMENTARY INFORMATION - YEAR 2000 ISSUE REPORT ON COMPLIANCE AND ON INTERNAL CONTROL OVER FINANCIAL REPORTING BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS AUDITORS' MANAGEMENT LETTER REQUIRED BY CHAPTER 11.45, FLORIDA STATUTES Page 1 19 2O 22 25 I I I I i I I I I I I I I I I I I I I Berger, Tcx~mbs, Elam & Frank Sun Bank ~endent Certified Public Accountants To the Board of Supervisors Lely Community Development District Naples, Florida We have audited the accompanying general purpose financial statements of Lely Community Development District as of September 30, 1998 and for the year then ended as listed in the table of contents. These general purpose financial statements are the responsibility of Lely Community Development District management. Our responsibility is to express an opinion on these general purpose financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards and Government Auditing, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the general purpose financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence suppoding the amounts and disclosures in the general purpose financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall general purpose financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the general purpose financial statements referred to above present fairly, in all material respects, the financial position of Lely Community Development District as of September 30, 1998, and the results of its operations for the year then ended in conl'ormity with generally accepted accounting principles. As discussed in Note K to the general purpose financial statements, Lely Community Development District has implemented Statement 31 of the Governmental Accounting Standards Board, Accounting and Financial Reporting for Certain Investments and for External Investment Pools for the fiscal year ended September 30, 1998. In accordance with Governm.e.nt Aud'~'n Standards, we have also issued our report dated February 2, 1999, on our consideration of Lely Community Development District's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations and contracts. Fort Pierce, Florida February 2, 1999 ..... ,.. ......... ., I I I I I I I I I I I ! I I I I I Fiduciary Fund Type Pension Trust Account Groups General Fixed Assets S S $ 72,471 4.852 S 77,323 General Long-term Debt 29,513,264 $ 29,513.264 8,295.814 27,246,655 S 35.542,469 Totals (Memorandum Only) S 229 9,171,057 16,147 36,556 71,730 1,250 29,513,264 8,295,814 27,246,655 $ 74,352,702 35,465.000 77,469 35,542,469 19.822 71.730 35,465.000 77,469 35,634.021 29,513,264 77,323 77,323 29,513,254 $ 77,323 S 29,513,264 29,513,264 8,295,814 133,153 77,323 699,127 38,718.681 S 35.542,469 S 74,352,702 m Page 3 I I I Lely Community Development District COMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES -ALL GOVERNMENTAL FUND TYPES Year ended September 30, 1998 I I I I I I I i I I I I I I I ! Revenues Non ad-valorem assessments Prepaid assessments Investment earnings Developer contributions Other revenue Total revenues Expenditures Current General government Physical environment Capital outlay Debt service Principal Interest Total expenditures Excess (deficiency) of revenues over expenditures before other financing sources and (uses) Other financing sources and (uses) Proceeds from capital lease Operating transfers out Operating transfers in Total other financing sources (uses) Excess (deficiency) of revenues and other sources over expenditures Governmental Fund Types Debt Capital General Service Projects 5 925,296 $ 43,135 61,226 1,0~9,657 128,854 761,155 63,495 3,680,993 733,276 399,833 4,814,102 53,861 1,435,000 6,493 3,237,675 Totals (Memorandum Only) 6,927 $ 4,606,289 733,276 449,895 61.226 6.927 5,850,686 1,013,858 4,672,675 9.625 128,854 761,155 73,120 1,488,861 3,244,168 9,625 5,696,158 15,799 141,427 (2,698) 154,528 57,257 57,257 57,257 57,257 73,056 141,427 ~2,698) 211,785 Fund balances - October 1, 1997 (See Note K) 626,071 8.154,387 135,851 8,916,309 Fund balances - September 30. 1998 S 699,127 ,5 8,295,814 ,5 133,153 $ 9,128,094 The accompanying notes are an integral part of this statement. Page 4 I I Lely Community Development District COMBINED STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE - BUDGET (NON-GAAP BASIS) AND ACTUAL - GENERAL FUND Year ended September 30, 1998 I I I I I I I I I I I I i I I I General Fund Type Budget Actual Revenues Non ad-valorem assessments $ 948,794 Investment earnings 20,000 Other revenue 30,000 Total revenues 998,794 Expenditures Current General government Physical environment Capital outlay Total expenditures Excess of revenues over expenditures 129,400 862,894 6,500 Fund balance -October 1, 1997 998,794 5 Fund balance - September 30, 1998 The accompanying notes are an integral part of this statement. Variance Favorable (Unfavorable) 925,296 $ (23,498) 43,~35 23,135 61,226 31,226 1,029,657 30,863 128,854 821,509 6,238 956,601 73,056 626,071 $ 699.127 546 41,385 262 42,193 $ 73,056 Page 5 Lely Community Development District COMBINED BALANCE SHEET - ALL FUND TYPES AND ACCOUNT GROUPS September 30, 1998 I I Governmental Fund Types Debt Capital ASSETS General Service Projects Cash Investments, at fair value Interest receivable Due from other governments Due from other funds Deposits Fixed assets Amount available in debt service funds Amount to be provided Total assets LIABILITIES, EQUITY AND OTHER CREDITS LIABILITIES Accounts payable Due to other funds Bonds payable Capital leases payable Total liabilities EQUITY A ND 0 THER CREDITS Investment in general fixed assets Fund balances Reserved for debt service Reserved for capital projects Reserved for employee retirement Unreserved and undesigna[ed Total equity and other credits Total liabilities, equity and other credits $ 226 $ 616,917 1,974 36,556 66,878 1,250 3 S 8,349,024 132.645 13,665 508 S 723,801 $ 8,362,692 $ 133,153 S 19,822 4,852 66,878 24,674 66,878 699,127 699,127 723,801 8,295,814 8,295,814 $ 8,362,692 133,153 133,153 $ 133,153 The accompanying notes are an integral parr of this statement. Page 2 I I I I I I I I I I I I I I i ! I i I I I I ! I I I i I I I i I I I Fiduciary Account Groups Fund Type General General Totals Pension Fixed Long-term (Memorandum Trust Assets Debt Only) $ $ S 72,471 4,852 $ 77,323 29,513.264 29,513,264 8,295,814 27,246,655 S 35,542,469 $ 229 9,171,057 16.147 36,556 71,730 11250 29,513,264 8.295,814 27,246,655 74,352,702 35,465.000 77,469 35,542,469 19 822 71,730 35,465000 77,469 35,634,021 29,513,264 29,513,264 77,323 8,295,814 133,153 77,323 699,127 77,323 29,513,264 38,718,681 $ 77,323 $ 29,513,264 $ 35,542,469 $ 74,352.702 Page 3 I I i Lely Community Development District COMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - ALL GOVERNMENTAL FUND TYPES Year ended September 30. 1998 I I I I I I I I I I I I i I I I Revenues Non ad-valorem assessmenJs Prepaid assessments Investment earnings Developer contributions Other revenue Total revenues Expenditures Current General government Physical environment Capital outlay Debt service Principal Interest Total expenditures Excess (defidency) of revenues over expenditures before other financing sources and (uses) Other financing sources and (uses) Proceeds from capital lease Operating transfers out Operating transfers in Total other financing sources (uses) Excess (deficiency) of revenues and other sources over expenditures Fund balances - October 1, 1997 (See Note K) Fund balances - September 30, 1998 Governmental Fund Types Debt Capital General Service Projects 925,296 $ 3,680,993 733,276 43,135 399,833 6,927 61,226 1.029,657 4,814.102 6,927 128,854 761,155 63.495 53,851 1,435,000 6,493 3,237,675 1,013,858 4,672,675 9,625 9,625 Totals (Memorandum Only) 4.606,289 733,276 449.895 61,226 5,850,686 128.854 761.155 73,120 1.488,861 3,244,168 5,696,158 15.799 141,427 (2.698) 154,528 57.257 57,257 57,257 57.257 73,056 141,427 (2,698) 211,785 626,071 8,154,387 S 699,127 S 8,295,814 The accompanying notes are an integral part of this statement. 135,851 $ 133,153 8.916,309 9,128,094 Page 4 ! I I Lely Community Development District COMBINED STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE - BUDGET (NON-GAAP BASIS) AND ACTUAL - GENERAL FUND Year ended September 30, 1998 I I I I I I I I I I I I i I I I Genera~ Fund Type Budget Actual Revenues Non ad-valorem assessments $ 948,794 $ 925,296 Investment earnings 20,000 43,135 Other revenue 30,000 61,226 Total revenues 998,794 1,029,657 Expenditures Current General government Physical environment Capital outlay Total expenditures Excess of revenues over expenditures Variance Favorable (Unfavorable) Fund balance - October 1, 1997 Fund balance - September 30, 1998 $ (23,498) 23,135 31,226 30,863 129,400 128,854 546 862,894 821,509 41,385 6,500 6,238 262 998,794 $ 956,601 73,056 626.071 S 699,127 42,193 S 73,056 The accompanying notes are an integral part of this statement, Page 5 I I ! 'i Lely Community Development District .L COMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET (GAAP BASIS) AND ACTUAL - DEBT SERVICE FUND Year ended September 30, 1998 I I I I I I I I Debt Service Fund T.,y_pe Actual Revenues Non ad-valorem assessments $ 3,916,670 $ 3,680,993 Prepaid assessments 733,276 733,276 Investment earnings 275,412 399,833 Total revenues 4.925,358 4,814,102 Expenditures Debt se,vice Principal 1,435.000 1,435,000 Interest 3,282,260 3,237,675 Total expenditures 4,717,260 4,672,675 Excess (deficiency) of revenues over expenditures Fund balance - October 1, 1997 Fund balance - September 30, 1998 208,098 141,427 8,154,387 'C, 154,387 S 8,362,485 S 8,295,814 S Variance Favorable (Unfavorable) (235,677) 124,421 (111,256) 44,585 44,585 (66,671 ) ! I The accompanying notes are an integral part of this statement. Page 6 I I I Lely Marsh Community Development District STATEMENT OF REVENUES, EXPENSES AND CHANGES iN FUND BALANCE - PENSION TRUST FUND Year ended September 30, 1998 ! ! I I I I I I I I I i I I I I Operating revenues Investment earnings Contributions Total operating revenues Benefit payments NET INCOME Fund balance, beginning of year Fund balance, end of year The accompanying notes are an integral part of this statement. 3,364 9,066 22,430 22,430 54,893 $ 77,323 Page 7 I i i Lely Community Development District NOTES TO FINANCIAL STATEMENTS September 30, 1998 I I ! I I I I ! I I I i I NOTE A , SUMMARY OF ACCOUNTING POLICIES A summary of the significant accounting policies consistently applied in the preparation of the accompanying financial statements follows. General Information The District was created on January 10, 1991 pursuant to the Uniform Community Development Distdct Act of 1980, Chapter 190, Flodda Statutes, as amended (the "Act"), as a Community Development District. The District was established for the purposes of financing and managing the acquisition, construction, maintenance and operation of the infrastructure necessary for community development within its jurisdiction. The District is authorized to issue bonds for the purpose, among others, of financing, funding, planning, establishing, acquiring, constructing or re- constructing, enlarging or extending, equipping, operating and maintaining water management, water supply, sewer and waste water management, bridges or culverts, district roads, landscaping, street lights and other basic infrastructure projects within or without the boundaries of the Lely Community Development District. The District is governed by a five-member Board of Supervisors, who are elected on a rotating basis for terms from two to four years. The District was created under Chapter 190 of the Florida Statutes and operates within the criteria established by Chapter 190. The financial statements of the District have been prepared in conformity with generally accepted accounting principles (GAAP) as applied to governmental units. The Governmental Accounting Standards Board (GASB) is the accepted standard-setting body for establishing governmental accounting and financial reporting principles. The District's more significant accounting policies are described below. As required by GAAP, these financial statements present the Lely Community Development District (the primary government) as a stand-alone government, The reporting entity for the District includes all functions of government in which the District's Board of Supervisors exercises oversight responsibility. Oversight responsibility includes, but is not limited to, financial interdependency, selection of governing authority, designation of management, significant ability to influence operations and accountability for fiscal matters, Based upon the application of the above-mentioned criteria as set forth in Governmental Accounting Standards Board Statement Number 14, The Financial Reporting Entity, the District has identified no component units. Fund Accounting The District maintains its financial records and accounts in accordance with the principles of fund accounting, whereby resources for various purposes are classified for accounting and repealing purposes into funds that are in accordance with activities or objectives specified. Separate accounts are maintained for each fund; however, in the general purpose financial statements, funds that have similar characteristics are combined into fund types. The fund types and account groups used by the District are as follows: Page 8 i I I Lely Community Development District NOTES TO FINANCIAL STATEMENTS September 30, 1998 I I i I I I I I I I I I I I I I NOTE A - SUMMARY OF ACCOUNTING POLICIES (CONTINUED) Fund Accountinq_(Contin ued). 1. Governmental Fund Types: General Fund - Used to account for the operations and maintenance of the District, capital overhead, and all other financial activity not accounted for in other funds. Debt Service - Used to account for the accumulation of resources for, and the payment of, general long-term debt principal and interest. c. ~ - Used to account for financial resources to be used for the acquisition or construction of major capital facilities which are not financed by proprietary funds, 2. Fiduciary Fund Type: a. Pension Trust Fund - The Pension Trust Fund accounts for assets held ~n a trustee capacity. 3. Account Groups: General Fixed Assets Account Groul~ - Used to account for fixed assets, including land and buildings, infrastructure and maintenance equipment used in governmental funds. General Long-Term Debt - Used to account for all unmatured principal of bonds and long- term liabilities of the District. Total columns on the general purpose statements are captioned "memorandum only" to indicate that they are presented only to facilitate financial analysis. Data in these columns do not present financial position or results of operations in conformity with generally accepted accounting principles, Neither is such data comparable to a consolidation. Interfund eliminations have not been made in the aggregation of this data. Basis of Accounting and Measurement Focus Basis of accounting is used to describe when revenues and expenditures or expenses are recognized in the accounts and reported in the financial statements. The basis of accounting relates to the timing of measurements made, regardless of the measurement focus applied. All governmental funds are accounted for using the modified accrual basis of accounting. Their revenues are recognized when they become measurable and available as net current assets. Taxpayer-assessed income, late charges and intergovernmental revenues are recorded as revenue when earned where liability has been established and collectibility is assured, or losses can be reasonably estimated. Interest income is accrued when measurable after year end. Page 9 Lely Community Development District NOTES TO FINANCIAL STATEMENTS September 30, 1998 I I I I I I I I ! I I I I I I I NOTE A - SUMMARY OF ACCOUNTING POLICIES (CONTINUED) Basis of Accounting and Measurement Focus Expenditures are generally recognized under the modified accrual basis of accounting when the related fund liability is incurred. An exception to this general rule is that principal and interest on general long-term debt are recognized when due. The accounting and reporting treatment applied to fixed assets and lonG-term liabilities associated with a fund is determined by its measurement focus. All governmental funds are accounted for on a spending or "financial flow" measurement focus. This means that only current assets and current liabilities are generally included on their balance sheets. Their reported fund balance (net current assets) is considered a measure of "available spendable resources". Governmental fund operating statements present increases (revenues and other financing sources) and decreases (expenditures and other financing uses) in net current assets. Accordingly, they are provided to present a summary of sources and uses of "available spendable resources" during a period. The Pension Trust Fund is accounted for on a "capital maintenance" measurement focus. Accordingly, all assets and liabilities are included on its balance sheet, and the repoded fund equities (total reported assets less total reported liabilities) provide an indication of the economic net wodh of the fund. The operating statement for the Pension Trust Fund reports increases (revenues) and decreases (expenses) in total economic net worth. Budgets and Bu~ Accounting, The annual budget is adopted for the General Fund and Debt Service Fund and approved by the Board of Supervisors. The budget amounts presented in the accompanying financial statements are as originally adopted, unless subsequently amended, by the District's Board of Supervisors. Budgets are adopted on a basis consistent with generally accepted accounting principles, except as discussed in Note I. Budgetary control is established by the District through appropriated budgets for the General and Debt Service funds. These budgets are financial plans approved in the manner authorized by law. Appropriations lapse at year-end. Encumbrances The District does not utilize encumbrance accounting. General Fixed Assets Fixed assets used in governmental fund type operations are accounted for in the General Fixed Assets Account Group, rather than in governmental funds. Public domain ("infrastructure") general fixed assets including roads, bridges, curbs and gutters, streets and sidewalks, drainage systems and lighting systems are capitalized along with other general fixed assets. No depreciation has been provided on such assets. All fixed assets are valued at historical cost or estimated historical cost if actual historical cost is not available. Donated assets are valued at their estimated fair value on the date donated. Page 10 ! I I Lely Community Development District NOTES TO FINANCIAL STATEMENTS September 30, 1998 ! I I I NOTE A - SUMMARY OF ACCOUNTING POLICIES (CONTINUED) Investments Investments are stated at their fair value. Special Assessments The District's special assessment revenue (non ad-valorem) is levied through Collier County based on the approved budget submitted to the County by the District on or before September 15 of each tax year. The assessment is included in the County's property tax levy which begins each November 1 and is due on or before March 31. NOTE B - CASH AND INVESTMENTS I I I I I I I I Cash includes amounts in demand deposits as well as interest bearing savings accounts. D_~_posits Florida Statutes require state and local governmental units to deposit monies with financial institutions classified as "Qualified Public Depositories," a multiple financial institution pool whereby groups of securities pledged by the various financial institutions provide common collateral from their deposits of public funds. This pool is provided as additional insurance to the federal depository insurance and allows for additional assessments against the member institutions, providing full insurance for public deposits. The District had deposits only with qualifying institutions as of September 30, 1998, or with banks in which depository insurance was sufficient to cover the deposit balance. The District is authorized to invest in those financial instruments as established by Florida Statute 218.345. The authorized investments consist of: 1. Negotiable direct or indirect obligations which are secured by the United States Government; 2. The Local Government Surplus Funds Trust as created by Florida Statute 218.045; 3. Interest bearing time deposits or savings accounts in authorized financial institutions; 4. Obligations guaranteed by the Government National Mortgage Association or similarly structured and secured associations or corporations. Cash and investments at September 30, 1998 consist of: Cash I I I I Demand deposit and savings accounts $229 Insured funds $229 The District's investments are categorized as follows to provide an indication of the level of risk assumed by the entity at year end. Category 1 includes investments that are insured or registered, or securities held by the District or its agents in the District's name. Category 2 includes uninsured and unregistered investments for which the securities are held by the counterparty's trust depadment in the District's name. Category 3 includes uninsured and unregistered investments for which the securities are held by the counterparty's trust department but not in the District's name. Page 11 Lely Community Development District NOTES TO FINANCIAL STATEMENTS September 30, 1998 I I I I I I I I I I I I I I I I NOTE B - CASH AND INVESTMENTS (CONTINUED) U. S. Treasury Notes Evergreen Select Money Market Treasury 1 Category 2 3 $4,428,387 Value 4,580,709 4,565,496 9,146,205 The types of deposits and investments and their level of risk exposure as of September 30, 1998 were typical of these items during the fiscal year then ended. The District considers any decline in fair value for certain investments to be temporary. In addition, the District has the ability to hold investments to maturity that have fair values less than cost. The District's investments are recorded at fair value. NOTE C - CHANGES IN FIXED ASSETS General Fixed Assets The following is a summary of changes in the general fixed assets account group for the year ended September 30, 1998: 10101197 Additions Deletions 9/30/98 $ 29,254,469 $ 9,625 $ $ 29,264,094 185,675 63,495 249,170 S 29,440,144 $ 73,120 $ $ 29,513,264 Land improvements Machinery and equipment Machinery and equipment includes approximately $206,000 capitalized under capital leases. NOTE D - LONG-TERM DEBT The following is a summary of activity in the general long-term debt account group of the District for the year ended September 30, 1998: Long-term debt at October 1, 1997 Increase in capital lease payable Principal retirement Long-term debt at September 30, 1996 36,958,638 57,257 __(.1,473,426) 35,542,469 Page 12 I I ! Lely Community Development District NOTES TO FINANCIAL STATEMENTS September 30, 1998 I I I I I I I I i NOTE D - LONG-TERM DEBT (CONT/NUED) General long-term debt is comprised of the following: Special Assessment Revenue Bonds Special assessment Revenue Bonds, Series 1991 and 1993A, interest at 9.0% and 8.8%, respectively, maturing through October 2011. Special Assessment Revenue Bonds, Series 1993A, interest at 8.8%, maturing through October 2015 Capital Lease Obligations Capital lease obligation collateralized by equipment and trailer, interest at 9.56%, maturing through 1998, monthly payments of $2,092, including interest Capital lease obligation collateralized by vehicle, interest at 6.00%, maturing through 1999, monthly payments of $694 including interest Capital lease obligation collateralized by vehicle, interest at 6.00%, maturing through 1999, monthly payments of $400 including interest Capital lease obligation collateralized by dump truck, interest at 7.4%, maturing through 1998, monthly payments of $483 including interest $25,995,000 9,470,000 4.136 5.458 3,507 5,085 ! I I I Capital lease obligation collateralized by equipment. interest at 6.4%, maturing through March 2000. monthly payments of $576 including interest Capital lease obligation collateralized by vehicle, interest at 6.35%, matudng through 2001, monthly payments of $486 including interest Capital lease obligation collateralized by vehicle, interest at 6.5% matudng through 2001, monthly payments of $517 including interest 9,336 20,162 14,272 I I Capital lease obligation, collateralized by equipment, interest at 7.5%, maturing through 2000, monthly payments of $611 including interest. Total general long-term debt 15,513 $35,542,469 Page 13 I I I Lely Community Development District NOTES TO FINANCIAL STATEMENTS September 30, 1998 I I I I I I I i I I I I I I i I NOTE D - LONG.TERM DEBT (CONTINUED) The annual requirements to amortize the principal and interest of bonded debt outstanding as of September 30, 1998 are as follows: Year ending .._~.~ote mber 30 ~al Interest Total 1999 $ 1,365,000 S 3,190,185 $4,555,185 2000 1,485,000 3,062,520 4,547,520 2001 1,615,000 2,923,655 4,538,655 2002 1,765,000 2,772,245 4,537,245 2003 1,925,000 2,605,950 4,531,950 Thereafter 27,310,000 13,026,070 . ._4_0_, 33~,07_~0- Total $ 35,465,000 $ 27,581,625 $63,046,625 The annual requirements to amortize capital lease obligations, including interest, outstanding as of September 30, 1998 are as follows: Yearending September30 Principal Interest ...... Zo~l__ ..... 1999 S 36,135 $ 3,484 $ 39,619 2000 25,988 1,836 27,824 2001 10,169 594 10,763 2002 5,177 166 5,343 Total S 77,469 $ 6,080 $ 83,549 Summa~ificant Bonds Resolution Terms and Covenants SPECIAL ASSESSMENT REVENUE BONDS, SERIES 1991 AND 1993A AND B ~ Funds - The bond resolution establishes certain funds and determines the order in which revenues are to be deposited into these funds. A description of the significant funds, including their purposes, is as follows: The Reserve Accounts are funded from the proceeds of the Series 1991 and 1993 Bonds in an amount equal to the Reserve Account Requirement, which is defined in the Bond Resolutions. Monies held in the reserve accounts will be used only for the purposes established in the Trust Indenture. Required reserve deposits at September 30, 1998: Series 1991 and 1993 $4,465,299 Page 14 I i I Lely Community Development District NOTES TO FINANCIAL STATEMENTS September 30, 1998 I I I I I I I I I I I I I I I I NOTE D. LONG. TERM DEBT (CONTINUED) At September 30, 1998, the reserve account balances are sufficient to satisfy the bond resolution requirements. 2. Revenue Fund - The District shall promptly deposit Assessment Revenues with the Trustee immediately upon receipt and subsequently applied to the appropriate funds and accounts. The proceeds of the Special Assessment Revenue Bonds were used to finance capital improvements, including drainage systems, roadways (including sidewalks, landscape and lighting), water, sewer and irrigation facilities. The Series 1993A Bonds are subject to redemption at the option of the District on or after October 1, 2001, in whole at any time or in pad on any interest payment date, in denominations of $5,000 or any integral multiple thereof at the redemption price stated below, plus accrued interest to the redemption date: Redemption Periods Redemption Premium October 1, 2001 through September 30, 2002 October 1, 2002 through September 30, 2003 October 1, 2003 through September 30, 2004 October 1, 2004 and thereafter 103% 102% 101% None The Series 1993B Bonds are subject to redemption at the option of the District on or after October 1, 2003, in whole at any time or in part on any interest payment date, in denominations of $5,000 or any integral multiple thereof at the redemption price stated below, plus accrued interest to the redemption date: Redemption Periods Redemption Premium October 1. 2003 through September 30, 2004 October 1. 2004 through September 30, 2005 October 1, 2005 through September 30. 2006 October 1, 2006 and thereafter 103% 102% 101% None The Series 1991 and 1993A/B Bond Resolutions establish certain restrictive covenants. The Distdct complied in all material respects with these covenants for the year ended September 30, 1998. NO TEE - ECONOMIC DEPENDENCY AND RELA TED PA R TIES A matedal portion of the District's activity is dependent upon the continued involvement of the developer, the loss of which could have a materially adverse effect on the District. At September 30, 1998, the developer held the majority of the assessable properly located within Distdct boundaries. Three of the District's Board of Supervisors are employed by the Lely Development Corporation or its affiliates. Page 15 I I Lely Community Development District NOTES TO FINANCIAL STATEMENTS September 30, 1998 I I I I I I ! I I I I I I i I I NOTE F . RISK MANAGEMENT The government is exposed to various risks of loss related to torts; theft of, damage to and destruction of assets; errors and omissions; and natural disasters for which the government carries commercial insurance. NOTE G - ACCOUNTING ESTIMATES The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting pedod. Actual results could differ from the estimates. NOTE H- BUDGET TO ACTUAL DIFFERENCES Budgets are adopted on a basis consistent with generally accepted accounting principles (GAAP) except as follows: General Fund; Excess of revenues and other financing sources over expenditures (GAAP basis) $ 77,908 Basis differences: Capital lease payments not budgeted as debt service expenditures Capital lease payments budgeted as operating expenditures Proceeds from capital leases not budgeted as other financing sources Capital outlay for capital leases not budgeted as capital outlay expenditures (60,354) 60,354 57,257 Excess of revenues over expenditures (non-GAAP budgetary basis) $ 77,908 NOTE I - EMPLOYEE BENEFIT PLAN The District established a single employer defined contribution pension plan (the "Plan") under the authority of Flodda Statute 190-011(3). The Plan, which is available to all District employees upon completion of one year of service, provides that the District will contribute 6% of an employee's annual salary, and the employee has the ability to contribute an additional 4%. Vesting occurs 20% per year after one year of service. Forfeitures are used to reduce the District's contribution. At September 30, 1998, there were 8 participants in the Plan. The total payroll for employees covered by the Plan for the year ended September 30, 1998 was $253,378; the District's total payroll was $316,876 for the same period. The District contributed cash of $9,720 for the fiscal year ended September 30, 1998. Page 16 I I I i I I I Lely Community Development District NOTES TO FINANCIAL STATEMENTS September 30, 1998 I I I I I NOTE J - OPERA TING LEASES The District leases equipment under operating leases expiring in various months in 1998. Rental expense under such leases was approximately $10,600 for the year ended September 30, 1998. NOTE K- PRIOR PERIOD ADJUSTMENT During the year ended September 30, 1998, the District changed its method of recording investments from cost to fair value. The District is required to make this change in order to comply with Government Accounting Standards Board, Statement 31, which became effective this year. The effect of the change was to increase investment earnings in the Debt Service Fund for the current year by $9,017. In addition, beginning fund balance in the Debt Service Fund was retroactively restated for the cumulative effect of the change on prior years. The effects of the restatement is as follows: Fund balance at October 1, 1997 $8,011,082 Retroactive restatement for increase in Fair Value of investments Fund balance at October 1, 1997, as restated 143,305 $8,154,387 Page 17 I I I I I I I I I I i I I i I I I I I SUPPLEMENTARY INFORMATION Page 18 I I I I I I I I I I ! I i I I I I I I Berger, T(x)mbs, Elam & Frank Ill ()~.~[, &~..,~. R_~_port of IndeXed Public Accountants on S__.q~F_EP ernenta__.~_ n ormation ........... The Board of Supervisors Lely Community Development District Naples, Florida We have audited the general purpose financial statements of Lely Community Development District as of and for the year ended September 30, 1998. We conducted our audit in accordance with generally accepted auditing standards and .Government Auditim3 Standards, issued by the Comptroller General of the United States. Those' st~'~ ~ and perform the audit to obtain reasonable assurance about whether the general purpose financial statements are free of material misstatement. The accompanying supplementary information - Year 2000 Issue - is presented for purposes of additional analysis as required by Governmental Accounting Standards Board Technical Bulletin 98-1, Disclosures About Year 2000 Issues, and is not a required part of the general-purpose financial statements. Such information has not been subjected to the auditing procedures applied in the audit of the general-purpose financial statements and, accordingly, we express no opinion on it. Fort ierce, Florida February 2, 1999 M,,,mf ~' AI('PA Page 19 I I I I I I I I I I ! I I I I I I I Lely Community Development District SUPPLEMENTARY INFORMATION - YEAR 2000 ISSUE September 30, 1998 YEAR 2000 ISSUE The year 2000 issue is the result of shortcomings in many electronic data processing systems and other electronic equipment that may adversely affect the government's operations as early as fiscal year 1999. Lely Community Development Distdct has completed an inventory of computer systems and other electronic equipment that may be affected by the year 2000 issue and that are necessary to conducting District operations and has identified such systems as being financial reporting, payroll and employee benefits. District management also utilized the following stages as outlined in GASB Technical Bulletin 98-1: · Awareness stage - establishing a plan for dealing with the year 2000 issues. · Assessment stage - Identifying the systems and components for which year 2000 compliance work is needed. · Remediation stage - making changes to systems and equipment. ° Validation/testing stage - Validating and testing the changes that were made during the remediation stage. The Distdct uses an external service organization for its financial reporting, payroll, and employee benefit system. The external service organization is responsible for remediating these systems. The external service organization reports that the awareness and assessment and remediation stages have been completed and that the District has received notification from its vendor that the software they are using is year 2000 compatible. Non ad-valorem assessments and collections for the District are handled by the Collier County Property Appraiser and Tax Collector. The county is responsible for remediating this system, and is solely responsible for any costs associated with this project. Because of the unprecedented nature of the year 2000 issue, its effects and the success of related remediation efforts will not be fully determinable until the year 2000 and thereafter. Management cannot assure that Lely Community Development Dislrict is or will be year 2000 ready, that the District's remediation efforts will be successful in whole or in part, or that parties with whom the District does business will be year 2000 ready. Page 20 ! ! I I ! I i I I I I I I I I I REPORT ON COMPLIANCE AND ON INTERNAL CONTROL OVER FINANCIAL REPORTING BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS Lely Community Development District September 30, 1998 Page 21 I I I I I I I I I i I I I I I I I I I REPORT ON COMPLIANCE AND ON INTERNAL CONTROL OVER FINANCIAL REPORTING BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS To the Board of Supervisors Lely Community Development District Naples, Florida We have audited the financial statements of Lely Community Development District as of and for the year ended September 30, 1998, and have issued our report thereon dated February 2, 1999. We conducted our audit in accordance with generally accepted auditing standards and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Compliance As part of obtaining reasonable assurance about whether Lely Community Development District's financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations and contracts, noncompliance with which could have a direct and matedal effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance that are required to be repoded under Government Auditing Standards. Internal Control Over Financial Repomn9 In planning and performing our audit, we considered Lely Community Development District's internal control over financial reporting in order to determine our auditing procedures for the purpose of expressing our opinion on the financial statements and not to provide assurance on the internal control over financial reporting. Our consideration of the internal control over financial reporting would not necessarily disclose all matters in the internal control over financial reporting that might be material weaknesses. Page 22 I ! I I i I I I i I I I I I I I I I 11(.~, Tcxx~l.~, [Lira & Fr,~nk To the Board of Supervisors Lely Community Development District A material weakness is a condition in which the design or operation of one or more of the internal control components does not reduce to a relatively Iow level the risk that misstatements in amounts that would be matedal in relation to the financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions We noted no matters involving the internal control over financial reporting and its operation that we consider to be material weaknesses. This report is intended solely for the information and use of the board of supervisors, management, federal awarding agencies and pass-through entities and is not intended to be and should not be used by anyone other than those specified parties. Fort Pierce, Florida February 2, 1999 Page 23 I I I I I I I I I I I I I I I I :1 I AUDITORS' MANAGEMENT LETTER REQUIRED BY CHAPTER 11.45 FLORIDA STATUTES Lely Community Development District September 30, 1998 Page 24 Berger, T(x mbs, Elam Frank ~ht,4h I .ql .'~ i I R.[port of Inde_pendent Certified Public Accountants To the Board of Supervisors Lely Community Development District Naples, Flodda I I i I I I We have audited the general purpose financial statements of the Lely Community Development District (the District) for the year ended September 30, 1998, and have issued our report thereon dated February 2, 1999. We conducted our audit in accordance with generally accepted auditing standards and Government Au~ Standards, issued by the Comptroller General of the United States. Additio-"~'~y, our audit was conducted in accordance with the provisions of Chapter 10.550, Rules of the Auditor General, which govern the conduct of local governmental entity audits performed in the State of Florida and require that certain items be addressed in this letter. In connection with our audit, we have made a study of the District's internal control and administrative control procedures that we considered relevant to the criteria established by the Office of the Auditor General as set fodh in Rules of the Auditor General Chapter 10.550, "Local Governmental Entity Audits." We have issued our Report of Independent Certified Public Accountants on Internal Control and on Compliance with Laws, Regulations and Contracts dated February 2, 1999. Disclosures in that report, if any, should be considered in conjunction with this management letter. The Rules of the Auditor General (Section 10.554(1)(010 require that we comment as to whether or not irregularities repoded in the preceding annual financial audit report have been corrected. There were no irregularities disclosed in the preceding annual financial report. i I I I The Rules of the Auditor General (Section 10.554(1)(02.) require that we comment as to whether or not recommendations made in the preceding annual financial audit report have been followed. All recommendations and other comments from the preceding annual financial audit have been properly addressed. As required by the Rules of the Auditor General (Section 10.554(1)(f)3.), the scope of our audit included a review of the provisions of Section 218.503(1), Florida Statutes, "Determination of Financial Emergency". In connection with our audit, nothing came to our attention that caused us to believe that Lely Community Development District is in a state of financial emergency as a consequence of the conditions described in Section 218.503(1), Florida Statutes. Page 25 I I I I I I I I I I I I I I I I Beq.,,t,r, T~'~t~, [lam & Frank To the Board of Supervisors Lely Community Development District As required by the Rules of the Auditor General (Section 10.554(1)(04.), we determined that the annual financial report for the District for the fiscal year ended September 30, 1998, was filed with the Department of Banking and Finance pursuant to Section 218.32, Flodda Statutes, and is in agreement with the annual financial audit report for the fiscal year ended September 30, 1998. The Rules of the Auditor General (Sections 10.554(1)(f)6., 7., 8., 9.) require disclosure in the management letter of the following matters if not already addressed in the auditors' report on the internal control and compliance: recommendations to improve financial management, accounting procedures, and internal controls; violations of laws, rules, and regulations which may or may not materially affect the financial statements; illegal or improper expenditures which may or may not materially affect the financial statements; improper or inadequate accounting procedures; failures to properly record financial transactions; and other inaccuracies, irregularities, shortages, and defalcations discovered by the auditor. Our audit disclosed the following matters required to be disclosed by Rules of Auditor General (Sections 10.5540(f)6., 7., 8., 9.): Internal control matters and violations of laws, rules and regulations discovered within the scope of the financial and compliance audit which may or may not materially affect the financial statements are addressed in our report on internal control and compliance with laws and regulations, dated February 2, 1999. There were no illegal or improper expenditures discovered within the scope of the financial audit. The District was created January 10, 1991, pursuant to Rule 42K-1 approved and adopted by the Florida Land and Water Adjudicatory Commission which conforms with the process contained in Chapter 190 of the Florida Statutes. The District was established to provide for the ownership, operation and maintenance of certain community-wide infrastructure. This report is intended solely for the use of management and the Auditor General of the State of F,~~d~.~~a, and should not be used for any other purpose. Fort Pierce, Florida February 2, 1999 Page 26 COLLIER COUNTY GOVERNMENT COblblL~NIT¥ DEYEI,()I'MENT ,kNI) EN%'IR()N.MI.;NTAI, ,'4ERVII,'ES ,l~l:~nning .'4er ~'ixes l,~i~arl~cnt North ll~rse..ih~t' i)rJ~e Nal)lt, s, Fh~rid',~ 341114 April 31. 1999 Ms. Allison tlerrington Assistant CLG Coordinator Bureau of Historic Prcscrx'ation R.A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 RE: Collier Count.,,' Preservation Board Meeting Dear Ms. tterrington: This letter is to inform you that thc Collier Count.',' t tistoric and ..\rchacological l'rcsc~'ation Board will hold a public hearing on Friday. ,,\pril 16. 19110. I have enclosed a cop.',' of the agenda for >'our review and records. If you have an.',' questions concerning this meeting, please do not hesitate to call 941-403-2463 or you can send me an e-mail message at rayhcllowsrfi'colliergov.net. Ray ~/ellows, Principal Planner (CLG Coordinator) ! listoric Pres~rvation,,RVFl/rb cc: Vincent A. Cautero Sue Filson Ron Nino Ron Jamro N~mcy Sicmion Preservation Board ~rter :nstentlne Misc. Corres: Phone(941)403-2400 Fax 19411 643-6968 ~,vww.co. collicr, fl.un Copies 10: AGENDA COLLIER COUNTY HISTORICAL/ARCHAEOLOGICAL PRESERVATION BOARD WILL MEET AT 11:30 A.M., FRIDAY. APRIL 16, 1099, AT 205 }IARBOR DRIVE IN GOODLAND, FLORIDA: NOTE: ANY PERSON WItO DECIDES TO APPEAL A DF. CISION OF THIS BOARD WILL NEED A RECORD ()F TIlE PROCEEDINGS ?ERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICtt TIlE APPEAL IS TO BE BASED. ALL MATERIAL USED IN PRESENTATIONS BEF()RE TIlE HAPB WILL BECOME A PERMANENT PAR'[' OF TIlE RECORD. THESE MATERIALS WILL BE AVAILABLE FOR PRESENTATION TO TIlE BOARD OF COUNTY COMMISSIONERS. I. ADDENDA TO THE AGF. NDA 2. APPROVAL OF MINUTES: March 12. 1999 N REPORT: 3. PLANNING SERVICES DEPARTME~ T OLD BUSINESS: A. John Curry House:Goodland Historic District B. Nehrling's Tropical Garden - Update C. Overseas Highway Barge at 1013 Ridge Street - Application Update D. Presen'ation Board ',,Feb Page 5. NEW BUSINESS: A. Survey and Assessment Waiver request 6. DISCUSSION OF ADDENDA 7. ADJOURN ItlSTORICAL AG END.~'md ' RECF1VED January 5, 1999 TRANSCRIPT OF THE MEETING OF THE PUBLIC VEHICLE ADVISORY COMMITTEE January 5, 1999 Met on this date at 8:30 a.m. in REGULAR SESSION, Building F of the Government Complex, East Naples, Florida, with the following members present: CHAIRPERSON: Pat Baisley Clifford W. Flegal Anthony P. Tesauro Acting Member: Bryan L.S. Pease ALSO PRESENT: Michelle Arnold, Code Enforcement Director Maria Cruz, Code Enforcement Specialist r,lis¢. Corres:~ Date: ~ Copies lo: Page 1 January 5, 1999 8:30 a.m. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THAT TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. I. ADDITIONS OR DELETIONS: II. APPROVAL OF AGENDA: III. APPROVAL OF MINUTES October 19, 1998 IV. N~ BUSINESS: A. Barry Eastman d/b/a The Errand Solution. Request for Board to waive Ord. No. 95-66 sec. 142-52 (b). B. Margaret Teresa Pintado d/b/a All Aboard Transportation Request for Board to waive Ord. No. 95-66 sec. 142-52 (b). C. Michael Genschow d/b/a Gastro Tech, Inc. d/b/a A-1 Cadillac Cab Request for Board to waive Ord. No. 95-66 sec. 142-52 (b). Ve OLD BUSINESS: VI. REPORTS: VIi. DISCUSSION: A. Anthony Dyshanowitz d/b/a Platinum Limousine, Inc. Vehicle For Hire complaints VIII. NEXT MEETING DATE: April 5, 1999 January 5, 1999 CHAIRMAN BAISLEY: I'd like to call the Collier County Public vehicle Advisory Committee Meeting of Januar~ 5, 1999, to order. Do we have any additions or deletions to our agenda today? MS. CRUZ: Yes, ma'am. Madam Chairman, for the record, Maria Cruz, Code Enforcement official. The copy of the agenda that I've provided to the Board members and to the court reporter showed the items we scheduled to be discussed today under New Business. I'd like to move those items to Old Businesses, please. Also, there's an addition under Discussion, should be titled Complaint Received from Evers Insurance Regarding Graham Transportation, and I've provided the Board and the court reporter documentation of such complaint. CHAIRMAN BAISLEY: Okay. Do I have an approval of our agenda for today's meeting? M~. FLEGAL: I make a motion we approve it as changed. CHAIRMAN BAISLEY: Do I have a second? MR. PEASE: I'll second. CHAIR/~AN BAISLEY: All in favor say aye. (Unanimous vote of ayes.) CHAIRMAN BAISLEY: So approved. Now, I need an approval of the minutes from our October 19, 1998 meeting. MS. CRUZ: Excuse me. We need to do the roll call first. CHAIRMAN BAISLEY: Oh. We don't usually do that. MS. CRUZ: Thank you. Patricia Baisley? CHAIRMAN BAISLEY: Here. MS. CRUZ: Brian Pease? MR. PEASE: Here. MS. CRUZ: Thomas Lugrin. Let the record reflect that Mr. Lugrin is absent and is excused 'for jury duty. Thank you. Clifford Flegal? MR. FLEGAL: Here. MS. CRUZ: John Dougherty? (No response) MS. CRUZ: Anthony Tesauro. MR. TESAURO: Here. MS. CRUZ: Thank you. CHAIRMAN BAISLEY: Getting back to the approval of minutes. MR. FLEGAL: I'll make a motion we approve the minutes as submitted. CHAIRMAN BAISLEY: Do I have a second? MR. PEASE: I'll second. CHAIRMAN BAISLEY: All in favor say aye. (Unanimous vote of ayes.) CHAIRMAN BAISLEY: The minutes are approved. We move on to New Business, which we have no new business, so we go on to Old Business. Our first item of old business is Barry Eastman doing business as Pa~ji e 2 January 5, 1999 The Errand Solution, Kequest for the Board to waive Ordinance No. 95-66, Section 142-52. MS. CRUZ: Madam Chairman, Mr. Eastman is present, if I can ask him to come to the podium, please. And if I could -- may do this collectively, the items on the agenda, all of them, are basically before this Board requesting the same. It's section -- Ordinance 95-66, section 142-52(b) states that once the applicant comes before the Board and gets approved, this applicants must obtain their certificat% to operate within 30 days of approval date. All these three individuals have different reasons, then I've requested them to come before the Board and perhaps they can explain to the Board why -- the reason for not obtaining the certificate to operate within that time frame. CHAIRMAN BAISLEY: Okay. MR. EASTMAN: Yes. I -- MS. CRUZ: Excuse me. We need Mr. Eastman sworn in, please. CHAIRMAN BAISLEY: Yes, he needs to be sworn in, please. Will you swear him in, please? (The witness was duly sworn.) MR. EASTMAN: Yes, I was in before you on October 19, for approval, which you gave us approval on, and we felt that it was more economical feasible to make a transfer of this business on the first of the year than in the October-November time frame, and was unaware of the 30-day limitations that you had on getting those permits finished. And we waited until the first of the year because of the licensing permits and the permits with Collier County and insurances, and it just made more sense at that time to make the transfer, so I'm back for approval one more time, please. CHAIRMAN BAISLEY: In your original application, you did submit a statement that said that you fully understood the ordinance and that you would fully comply with its provisions, which that was a provision of the ordinance, that you pick up your certificate within 30 days. MR. EASTM3klg: I was unaware of that 30-day clause in there until Maria pointed it out to me. MR. PEASE: Your discussions with Maria, were they within the 30-day period or after the 30-day period? MS. CRUZ: Within the 30-day period. CHAIRMAN BAISLEY: As Maria pointed out, we do have several people here who have the same problem but for different reasons apparently. MR. FLEGAL: Can I ask Tom a question? CHAIRMAN BAISLEY: Certainly. MR. FLEGAL: Under the ordinance, since the ordinance is very specific -- it's on page 25 -- is it within the Board's scope to change that? In other words, do we have that right, or is -- does the ordinance stand as written? MR. PEASE: It's page 25. ATTORNEY PALMER: I see. Yes, I have it. Page 3 January 5, 1999 The provision reads, 'An applicant shall pay the required certificate fee within 30 days of the approval of the application for a certificate pursuant to this section. Failure to pay the required for a certificate shall be deemed as the withdrawal of the application bY the applicant and will result in the revocation of the approval of the application for the certificate." The basis for this is for people not to bank these applications and sit on them, and the idea is that they're supposed to pay within 30 days. There's no express provision here for any kind of a waiver or an exemption or an extension, but this operates as a forfeiture of the fee, and I don't think any serious harm is done if somebody can come in and, for good cause, show why they haven't paid the fee within 30 days. Now, it's up to your judgment as to whether you think an allegation that "I didn't know" is good cause, but there may be a hundred reasons why people don't pay the fee within 30 days; for example, they may not have their finances together; they may not know for a fact they're going -- the business is going to go and they have some loose ends to tie down to take 35 or 40 days, in which case they don't want to forfeit the application fee and then have the deal fall through. It's money -- just good money after bad. Those kinds of cases have more of an equitable persuasion, I would think, but I don't think any harm is done. This operates as a forfeiture, and I think with a, with a valid basis, and solid, solid reasoning that you can in effect grant a waiver and -- of the, of the hard-and-fast 30-day rule. MR. FLEGAL: Thank you. CHAIRi~ BAISLEY: Mr. Eastman, at the time that you submitted this application on October 19, and we approved it, have you conducted business in Collier County? MR. EASTMAN: No. MR. FLEGAL: When did you make the determination that you wanted to wait till the first of the year to do this? Did you make this determination in October? ~R. EASTMAN: We originally were scheduled to come in -- I believe your meeting was set for November or December, and it was pushed back to October. Could you help me with that? Do you recall on, on your meeting there? MR. FLEGAL: We didn't have a meeting scheduled in ~,~ovember that I remember. MS. CRUZ: We normally meet quarterly. MR. FLEGAL: We meet quarterly, so -- SPECTATOR: You moved that meeting up because of some other applicants. CHAIR_MAN BAISLEY: Yes, that's true. MR. FLEGAL: We moved from November to October? Is that what you're saying? SPECTATOR: You moved earlier. You messed us up completely becaUse you guys moved your meeting earlier. Page January 5, 1999 MS. CRUZ: Sorry. You have to be -- MR. TESAURO: He has to be sworn in. CHAIRMAN BAISLEY: Did we do that? I mean, I don't remember -- SPECTATOR: There's someone else in the audience that agrees with that. MS. CRUZ: I don't recall that, but if that is true, I think that it's irrelevant, that once -- I believe that once the applicant gets approved, has 30 days to get the license, whether it's in October or November. MIR. TESAURO: Mr. Eastman, did you notify Maria of your intentions? MR. EASTMAN: Yes. MR. TESAURO: So it's on record that, that you just really deferred or you just delayed your, your grand opening until the first ~f the year. MR. EASTMAN: Yes. MR. TESAURO: But Maria Cruz was notified of this action? MR. EASTMAN: Yes, AND I asked her what we needed to do, if we needed to refile the application or whatever we needed to do HERE, and she helped us, assisted us. MIR. TESAURO: Okay. So you -- all right. No. The thing is, you did notify -- so it's on record that you did notify her -- MR. EASTMAN: Right. MR. TESAURO: -- your delay. MR. EASTMAN: Right. MR. TESAURO: Okay. Thank you. MR. FLEGAL: When did he notify you, Maria? MS. CRUZ: When I discussed this 30-day issue with £.[r. Eastman and along with all the other applicants and they e>:plained the reason, I was not in the position of making a decision. MR. FLEGAL: When, when was this? MS. CRUZ: It was within the 30 days. MR. FLEGAL: Okay. CHAIRMAN BAISLEY: Maria, did he do this by writing or a phone conversation? MS. CRUZ: Phone conversation. M1R. FLEGAL: Are you ready to do business now, Mr. Eastman? ~. EASTMAN: Yes, sir. Yes. MR. FLEGAL; You're all set? MR. EASTMAN: Yes, sir. We're going to make a transfer today. CHAIRMAN BAISLEY: If in fact we did allow a waiver of this situation, would we request him to pay the application fee again? ATTORNEY PALMER: If his waiver was being -- be denied, yes, he'd have to pay another fee on top of the fee that has not yet been paid; in other words, the process effectively starts over. MR. PEASE: If we were to do this, are we setting a precedent for all forth-quarter approvals to just automatically -- ATTORNEY PALMER: No, because they're done on a case-by-case basis, but the more liberal you are on the basis of a. of .a waiver, the more it leaves other people the opportunity to come in and say, O well, January 5, 1999 my case is substantially the same as these prior cases where you've granted waivers. But they're done on a case-by-case basis, and there's not necessarily precedent; however, if you granted in case one on a particular basis, then the question is, why did you deny it in case two on substantially similar facts. Another solution probably would be at a later time would be to amend this provision and not make it so hard-and-fast and allow some kind of an accruing penalty or something like that for late payments, rather than absolute revocation in effect of the previously existing application. That would be subject to, you know, when the ordinance is reviewed in the future, but I want to take a look at this section. MIR. FLEGAL: Well, I, I guess off the top of my head, even if I considered Mr. Eastman's comment that the meeting got moved up -- and I don't know if that in fact happened, but even if we approved it in November, his 30 days would be in December, and he still wasn't ready in December. ATTORNEY PALMER: Well, the Board doesn't accept this application; the staff does. Whether the Board's meetings is beside the point. MIR. FLEGAL: That's -- kind of makes a moot point, when the meeting was. I'm not for a granting of waiver. MR. TESAURO: I'm not either. MR. PEASE: Well, someone needs to make a motion. MR. UNDERHILL: Can you swear me in before you make any motions? CHAIRMAN BAISLEY: Yes. MR. FLEGAL: Yes, if you'd like to speak. CHAIP24AN BAISLEY: Your name is? MR. UNDER/qILL: Mike Underhill. (The witness was duly sworn.) MR. UNDERHILL: On the meeting for the last mint%es, you guys actually extended that 30 days without even knowing it; you just approved those minutes. But on November 19, we were going to make %his transaction on or before -- or it was October 19 -- on or before December 1st, and if you'll notice in those meeting minutes, you approved that. So you actually approved beyond 30 days in the last meeting by allowing us to do that transaction by December 1st, or -- so you actually did approve an extension beyond 30 days. ATTORNEY PALMER: It may have been -- approved an extension of a trans -- of the underlying transaction, but there's no expressed approval of the extension for a 30-day payment of a MR. UNDERHILL: Right, right, but they actually extended 30 days by the meeting minutes of the last meeting by allowing us to make that transaction on or before December 1st. ATTORNEY PAL~ER: That doesn't, that doesn't say you can pay the fee after the transaction is completed. MR. FLEGAL: That's right. True. MR. UNDERHILL: And my other point was the moving up o~ your January 5, 1999 ,meeting, because I had spoke to Maria on the phone, and that meeting that you guys originally had set for December -- and I think I saw some heads'shaking back here that agree with me on that -- and then I was called and say, we're going to move this meeting up to this point. Now, had there been a December meeting in the beginning of that month, this would have worked well for our company. Because it was moved back in all these scenarios, that's why we asked for that fee to be waived, because you guys kind of made it inconvenient for our plan by doing that. ~R. FLEGAL: Okay. I guess my comment would be, it's not inconvenient, 'cause you didn't have to submit. MR. UNDERHILL: Right. You're right, but you didn't have -- MR. FLEGAL: You didn't have to submit anything to this Board. MR. UNDERHILL: You guys don't have -- you're doing that quarterly meeting thing, but this one was moved up this way; today's meeting was moved forward to, you know -- yesterday to tomorrow. MR. FLEGAL: I understand that. But in your original application, you didn't have to submit it 'cause we moved the meeting. MR. UNDERHILL: You're right. MR. FLEGAL: You could have just waited and submitted it January. MR. UNDERHILL: You re absolutely right. It s a very good point sir. , · MR. FLEGAL: So we didn t do anything; you didn't have to submit MR. UNDERHILL: Right. You're right. MR. FLEGAL: Okay. So we understand each other. MR. UNDERHILL: Yeah. just making one last bid to have that waived; that's all. MR. FLEGAL: I understand. Get your last shot in. CHAI~4AN BAISLEY: It does say in the minutes that your transaction would close on or before December 1st. MR. UNDERHILL: Correct. MR. FLEGAL: That style doesn't waive ** the money, as Tom says. ATTORNEY PALMER: The controlling, the controlling date is the date of the approval of the application. CP~i~3~N BAISLEY: That's right. MR. FLEGAL: Correct. ATTORNEY PALMER: And from that point in time, they've got 30 days to pay, whether the tran, whether the tran, whether underlying transaction happens 45 days later is not of any consequence to the Board except maybe getting some feedback for -- to Maria Cruz as a staff member. But the Board doesn't take cognizance of those sorts of things. MR. UNDERHILL: What is that money actually for? The application fee money actually for? What is it used for? Is it used as a penalty for wanting to go in business, or is it used for the background check and all the clerical fees -- MS. CRUZ: Yes. MR. %rNDERHILL: -- that are involved? MR. FLEGAL: Right. ?a,j e 7 January 5, 1999 MJb. UN~ERHILL: But we didn't change any of those. Everything remains the same, so there was no additional fees spent out for us to go this further time. So no money was actually used further than what it was initially for this information that we have it before. MR. TESAURO: Mike, you were approved, and you're asking for time because of something internally that you wanted to do for your benefit. MR. UNDERHILL: Right. MR. TESAURO: Okay. MR. UNDERHILL: Yeah. MR.TESAURO: It's in black and white, okay? MR. UNDERHILL: Yeah. MR. TESAURO; You were approved and you didn't pay the fee. MR. U1NTDERHILL: Right. MR. TESAURO: Thank you. So again, it was to your advantage. MR. UNDERHILL: Right. MR. TESAURO: Okay. MR. FLEGAL: Any other comments? MR. EASTMAN: Are, are, on this fee, are you referring to that $200? MS. CRUZ: It's 250 for a certificate to operate. MR. EASTMAN: No, I meant on the, the first fee -- MR. FLEGAL: All you've got invested so far is $200. MR. UNDERHILL: Right. MR. EASTIG~N: Well, is, is the question here that -- MR. FLEGAL: Right. MR. EASTMAN: -- that we repay the $200 -- MR. FLEGAL: That's right. MR. EASTMAN: -- or not? That isn't an issue with me. If, if we repay the $200 again, that's fine, 'cause we weren't within the time frames of what you need -- MR. FLEGAL: That's all that's in question. MR. TESAURO: That's all that -- MR. FLEGAL: Right, Tom? ATTORNEY PAI24ER: Yes. MR. FLEGAL: Any other comments? Nice try, Mike. MR. UNDERHILL: Well, I was just -- my point was if that fee is to cover all the things that we originally -- that originally cover on an application, and then we didn't change anything, that was my point, but that's -- MR. FLEGAL: The fee is the fee; what it's used for is immaterial. MR. EASTMAN: Okay. We'll pay an additional fee. MR. FLEGAL: Thank you. If there's no other comments from them, I would make a motion that we do not approve a waiver. CHAIRMAN BAISLEY: So if we don't approve a waiver at this point is this application going to be resubmitted at this meeting or -- MR. FLEGAL: Resubmitted, yeah. MS. CRUZ: I would request then for the Board to reconsider it. Page Janua~t 5, 1999 ATTORNEY PALMER: If it's ready to go and you have -- you've got enough info-~mation to make a decision on the merits, it wouldn't be inappropriate to go ahead and, and pass on the merits today if you're prepared to do that. CHAIRFJkN BAISLEY: It's the same, same thing that we approved -- MR. TESAURO: It's the same; nothing's changed. MR. FLEGAL: Even though he has paid the $200 within -- ATTORNEY PALPLER: Well, it would be subject to paying the 200 plus the 200 within the 30 days -- MR. FLEGAL: Okay. That's fine. Mit. TESAURO: W~nich he agreed to. MIR. EASTlVIAN: I paid one 200. That's fine. That's fine. MIR. FLEGAL: Okay. MR. PEASE: Do you want to modify your motion then? MR. FLEGAL: Okay. I'll modify my motion to do this: I make a motion we don't approve your waiver, but we would reconsider a new application today based upon you paying the proper fees. MR. EASTMAN: Correct. MR. FLEGAL: How's that? MR. PEASE: Well done. MR. FLEGAL: Is that -- MiR. PEASE: Yeah. So we -- do we have to have discussion then on this again or -- CHAIR/q3kN BAISLEY: We will have to. ATTORNEY PAIR4ER: Actually, if in fact you've reviewed the matter before and you've approved it -- MR. PEASE: Right. ATR~DRNEY PALMER: -- the only thing you need to know today is whether or not any material fact has changed, and if it has not, you can just reaffirm your prior decision. MR. PEASE: Right. Has anything changed? MR. EASTMAN: No, sir. MR. PEASE: All right. I'll, I'll second your mo~ion. ~. FLEGAL; Okay. CHAIRMAN BAISLEY: All in favor say aye. (Unanimous vote of ayes.) MR. EASTMAN: Thank you. MR. FLEGAL: You're in business. MR. TESAURO: Start your business. CHAIRMAN BAISLEY: The next item of Old Business is ~,:argaret Pintado doing business as All Aboard Transportation, Request for Board to waive ordinance number 95-66, Section 142-52. And Margaret, you're present. MS. PINTADO: Yes. CHAIRMAN BAISLEY: We need her sworn in, please. (The witness was duly sworn.) CHAIRF3kN BAISLEY: And Margaret, what is your reason today? MS. PINTADO: Mine is the same. Everybody's got a reason. That happened to fall on zhe weekend, that last day of like the 19th when we were approved; so ! just assumed I could go in on Monday ?age 9 January 5, 1999 and pay everything, pay for my permits, pay for everything. And Maria said, you can't do that; it's been 30 days. I said, we're only talking two days here. And she said, I'm sorry, it's over the 30 days. I said, even if it falls on a weekend? She goes, we'll have to go in front of the Board and ask them. So that's what happened with mine. CHAIPd4AN BAISLEY: Wait a minute. You were -- MS. PINTADO: Because I, I did wait till the last minute; I will say that, of course, to pay. But I realized it fell on a weekend, so I just assumed I could go in on Monday, pay for my permits, show her the insurance, whatever I needed. CHAIR/~AN BAISLEY: You're saying that you went back 30 days after October 19 when you were approved? MS. PINTADO: Yes, and it fell on a weekend. Say the 19th fell on a Saturday, I went in that 21st, which was a Monday. MR. FLEGAL: So you went in the 32nd day. MS. PINTADO: Right. MR. FLEGAL: Okay. MS. PINTADO: Correct. MS. CRUZ: Madam Chairman, if I can add to Mrs. ?intado's statement. CHAIRMAN BAISLEY: Certainly. MS. CRUZ: I gave Mrs. Pintado a courtesy call to remind her of the 30-day deadline. Monday would have been over the 30 days, and I felt that it was not fair for me to break the 30-day rule here with her since we couldn't do it for the other applicants. MS. PINTADO: Absolutely. MR. PEASE: Was that a Friday, was it like a Friday you called her or -- MS. CRUZ: I do not recall what the exact date was. MS. PINTADO: Yeah, it was close to that, 'cause she -- and will say she did give me the courtesy call. I did talk to her on the phone. And at that point, I didn't realize that that was -- I, for some reason, I was thinking Monday, I had till Monday, like I said, I guess because it was on -- fall on the weekend. MIR. PEASE: Even though she reminded you that -- MS. PINTADO: She did call. It was like a Thursday or that Friday. I did talk to her, not realizing that it was the weekend that that fell on. MS. CRUZ: And if I may add, the only items we needed from Mrs. Pintado was proof of insurance and the registration classification be changed to an 09 at the time of approval of the application. MS. PINTADO: Correct. MR. FLEGAL: Tom, would I be correct in assuming 30 days ~s 30 days? ATTORNEY PALMER: That's correct. MR. FLEGAL: It doesn't say "working days" in this ordinance? ATTORNEY PALMER: Yes, it would -- it doesn't say working days. Janua~'y D, 1999 The other side of the coin is that normally, legal deadlines, unless expressly stated to the contrary, if they fall on a Saturday, a Sunday, or a holiday, it's assumed they fall over to the next business day, except in appeals cases, where that's a hard-and-fast rule that you've got to get it done by a certain period of time. If it falls on a business day or a weekend or something, you've got to move it backwards. But most instances, when there's a deadline, if it falls on a Saturday or Sunday or holiday, it rolls over until the next business day which would be, say, one day, like on the 32nd day, but if it isn't gotten in on the 30 -- the first available workday after that, then it would the next day expire. But the ordinance has no detail about how it calculates business days or -- it means just purely days or, or available days. So there's a certain am amount of ambiguity in the question of whether it means absolutely 30 days, irrespective of whether the tolling day falls on a -- or the deadline day falls on a Saturday, Sunday, or a Monday. MS. CRUZ: If I may, the deadline, the 30-day deadline, would have been on a Thursday, which would have been November 19. ATTORNEY PALMER: Oh, okay. Okay. Well, then it didn't fall on MS. PINTADO: Well, then, I'm sorry. I'm wrong. I thought is was on a weekend. MS. CRUZ: I just wanted to clear up the record. MS. PINTADO: Well, I'm glad you did, because I thought it was on a weekend. MR. FLEGAL: Yeah, I've got the calendar in front of me. Yeah, I'll take that back. MS. PINTADO: So that is my mistake. CHAIRMAN BAISLEY: Have you operated at ail since October 197 MS. PINTADO: No. I had mentioned before that I drive for Ace Transportation. I drive for her, so -- ATTORNEY PALMER: Well, it falls on a Thursday; there's no reason to even argue about Saturday or Sunday. MS. PINTADO: No, absolutely not. MR. TESAURO: Can we just find the other people -- MR. FLEGAL: In fact, from the 19th of October, if I go 30 days, that works out to the 18th of November, which happens to be a Wednesday, looking at the calendar. MS. PINTADO: So now at this point, if you deny that 200 and I pay that again, do, at this point, do I have 30 days again? Is 5hat what you're telling me at this point? MR. FLEGAL: If we, if we would do what we just did with the other couple and we approve it -- MS. PINTADO: That gives me another 30 days. MR. FLEGAL: -- she pays the fees. Since we've approved it today, Tom, would she not 9et an additional 30 days to pay the 250? ATTORNEY PALMER: I would think so. MR. FLEGAL: That's the way my brain would move. CHAIPd~AN BAISLEY: But wouldn't she have to come up wi~h ~he Pnge I [ January 5, 1999 ~application fee today? MR. FLEGAL: Right, you have to pay the 200 to reapply today, and then you get 30 days to come up with the 250, would be the way I would understand it. MS. PINTADO: Okay. MR. FLEGAL: Okay? Is that running the way you were thinking? MS. PINTADO: No, but, okay, I can pay tomorrow at 8:30. This is not helping me here. I do not want to come back in front of you in 30 days. MR. TESAURO: Well, do it now; do it now, get it o~r with. MS. PINTADO: Can I pay it in the morning first thing? MR. FLEGAL: If we approve it today, can -- ATTORNEY PALMER: Sure. MR. FLEGAL: I don't think that's the big challenge, but don't miss the 30 days again, or you're -- MS. PINTADO: Oh, I won't. MR. FLEGAL: -- going to keep $200-ing yourself to death. CHAIRMAN BAISLEY: I'd like to see the 200 paid, the application fee tomorrow morning, and then the 250 within the 30 days. MR. FLEGAL: Yeah, we approve it today, you pay the 200 tomorrow, but your 30 days start when you get approved today for the other 250. MS. PINTADO: Okay. Okay. Yes. MR. FLEGAL: You can live with that? MS. PINTADO: Yeah, I can live with that. MS, CRUZ: A~d we still need proof of insurance and -- MR. FLEGAL: Right, yeah, and whatever documents -- MS. PINTADO: Yeah, I've got all that. Mr. Evers' been trying to get ahold of you, I believe, but I'll call him today. CHAIRMAN BAISLEY: I don't have a problem doing the same thing we did last time. MR. PEASE: Let's see if I can remember all that. Go ahead, you've got experience. MR. FLEGAL: Oh, oh. Well, I would make a motion that we deny the request to extend, but accept the application, since nothing has changed, and if she provides the proof of insurance and -- MS. CRUZ: Classification of registration. MR. FLEGAL: -- and the classification of registration as required previously, that we re-approve with the repayment of the $200 fee. Is that correct, Tom, did I say that -- ATTORNEY PALMER: Do you want to clarify that no, no material fact has changed? MI~. FLEGAL: No material facts have changed -- MS. PINTADO: No. MR. FLEGAL; -- as of this date from when we previously approved you; is that correct? MS. PINTADO: Correct. MR. FLEGAL: Okay. That's my motion. CHAIRMAN BAISLEY: Do I have a second on that motion?. Please! MR. TESAURO: I'll second it. January 5, 1999 CHAIRMAN BAISLEY: All in favor say aye. (Unanimous vote of ayes.) MS. PINTADO: Thank you. CHAIRMAN BAISLEY: You're welcome. Okay. Our next item of Old Business is Michael Genschow doing business Gastro-Tech, Incorporated, d/b/a A-1 Cadillac Cab, Request for Board to Waive Ordinance Number 95-66, Section 142-52. Is Michael Genschow present? MR. BILAN: No, he is not; he's in Germany. And I have previously mentioned -- CHAIRMAN BAISLEY: And you are? MR. FLEGAL: Let the young lady swear you in and get your name first, please. MR. BILAN: Okay. (The witness was duly sworn.) MR. FLEGAL: And your name, sir? MR. BILAN: My name is Thomas Bilan. THE REPORTER: Would you spell your last name? MR. BILAN: B-i-l-a-n. CHAIRM3%N BAISLEY: And your relationship to the company? MR. BILAN: I'm the general magazine of A-1 Cadillac Cab. And Mr. Genschow has left on business to Germany, and he will be back on Thursday, and he's been conducting business in Germany with his company in Germany. Mr. Genschow has not obtained a resident's visa for the United States; he's still in the process, and he had to leave and take care of business in Germany. And as I understand from Maria, we had some kind of a problem with obtaining additional records for the approval; is that correct? MS. CRUZ: We needed the -- MR. BILAN: -- the criminal record-- MS. CRUZ: -- the criminal record. MR. BILAN: -- and that was delayed since Mr. Genschow does not have a Social Security number in the United States, so that delayed it as of then. And when I got notification from Maria that it was in fact there and all the records have been obtained, I called Mr. Genschow immediately in Germany; and he then sent me a check for the amount that was supposed to have been paid, but by the time the check got here from Germany, the time has expired, so -- I got the check downstairs that was written on December the 7th, and it was mailed, I don't know, the 9th or the 10th; and then by the time it got here, it was too late. MR. FLEGAL: Well, a check written in December is way past the 30 days from sometime in October. MR. BILAN: That's right. When I got notification, I got ahold of Mr. Genschow in Germany, 'cause he was also traveling in Germany. He o~s 14 businesses in Germany, and sometimes he's not in the same spot. So by the time I gold ahold of him, it was kind of too late. MR. PEASE: You don't have a local bank account for this Page 13 ~usiness? MR. BILAN: January 5, 1999 Well, we do have a local bank account, but I do not have authorization to write a check or several checks in that amount that the fees and evel-ything had come to, which, when Mr. Genschow returns on Thursday, I will fix that. So I will be able to pay, you know, fees in that amount to the people that we owe it to. The only money that I have to operate is the cash that comes into the company. I do not have authorization to write in any of the checking accounts that are existing. He only has the authorization to do so. CHAIR/4AN BAISLEY: I remember back on October 19 when we were discussing this application, we had discussed the fact that these vehicles had already been transferred into the new owner's name prior to even approval of this application. Now, they've been transferred for this much longer. MIR. FLEGAL: Have you been operating this company? MIR. BILAN: Well, I have been dispatching and answering the telephone, but Mr. Daniels, the previous owner, is still very much in charge. So Mr. Genschow had left Mr. Daniels in charge of the company while he was absent, and then when we originally submitted the application, we were under the understanding that everything had to be transferred prior to us coming here and getting your approval; and that motion there, I think you stated that you needed to take a look at that when in actual fact the licenses and the vehicles needed to be transferred. O1 MR. FLEGAL: But as I remember, weren't the vehicles already ~ransferred? CHAIRMAN BAISLEY: They were. MR. BILAN: Yes, sir. Yes, sir. MR. FLEGAL: Okay. So -- MR. BILAN: 'Cause we were under the -- MR. FLEGAL: -- my question is, with, with Mr. Genschow's company, have you been operating A-1 Cadillac -- which is the name of the firm, right? MR. BILAN: The corporation, yes. The corporation has been operating. MR. FLEGAL: But under what certificate? MR. BILAN: Under Mr. Daniels' certificate, the previous owner. MR. FLEGAL: But as I remember, he, Mr. Daniels, doesn't own Gastro-Tech; Mr. Genschow owns Gastro-Tech. MR. BILAN: That's correct. Yeah. MR. FLEGAL: Okay. So why is Mr. Daniels running a cab company that somebody else owns? MR. BILAN: Well, it's under his supervision to make sure that everything is going all right. MR. FLEGAL: That wasn't my question, sir. Why are we running a cab company that doesn't have a certificate? Mr. Genschow is the o'~er, and that's who we approved, and you haven't MR. BILAN: Right, I understand. ?acJe 14 January 5, 1999 MR. FLEGAL: -- paid for the certification, so how can you be running a taxicab without a certificate? MR. BILAN: I'm sorry, but the only reason, you know, I can only emphasize maybe you wanted a check at this point -- MS. CRUZ: Mr. Daniels owns A-1 Cadillac and it's selling it, selling A-1 Cadillac to Mr. Genschow. MR. FLEGAL: But he, but he transferred all the vehicles to Mr. Genschow and Gastro-Tech, so he doesn't own any taxicabs, Mr. Daniels. He's given them all to Mr. Genschow, so he doesn't have the right to operate. MS. CRUZ: The certificate to operate is Mr. Daniels'. Perhaps he can have leases for all these vehicles for Mr. Genschow to Mr. -- to A-1 Cadillac. CHAIRMAN BAISLEY: But you don't have those on file at your office. MS. CRUZ: No, I do not have those on file. MIR. FLEGAL: Maybe I'm not making myself clear. MR. TESAURO: Once the vehicles are transferred over, isn't that vehicle running illegally? MIR. FLEGAL: Well, that's what I'm trying to say. Mr. Daniels is out of the picture. Once I sell car to somebody, it's not my car anymore. MR. TESAURO: That's right. MR. FLEGAL: I can't lease it to anybody. I don't own it. Mr. Daniels gave his car to Mr. Genschow. MS. CRUZ: Mr. Daniels could subcontract these vehicles. CHAIRMAN BAISLEY: He could lease them -- MR. FLEGAL: He could lease them back? CHAIRMAN BAISLEY: -- back to Mr. Daniels. MS. CRUZ: Uh-huh. Uh-huh. CHAIrmAN BAISLEY: But he didn't do that. MS. CRUZ: No. CHAI~43kN BAISLEY: So in the meantime, wouldn't there been a serious problem out there if there had been an accident or something involving the vehicles? ATTORNEY PALP[ER: Yes. It's a can of worms. These kind of ambiguities just -- if something should happen, there's been an accident, somebody should be killed, these are the kind of things that lawyers just make mincemeat out of. MR. TESAURO: Who's carrying, who's carrying the insurance on this? MR. BILAN: Gastro-Tech. MR. TESAURO: What's the name of the insurance company? CHAI~A/~ BAISLEY: That is a good question. Who currently has insurance on these vehicles? MR. BILAN: Gastro-Tech. MR. FLEGAL: So Gastro-Tech doesn't even have a certificate, so MR. BILAN: They're fully insured -- MR. FLEGAL: -- that solves that problem. So you've got cabs out Pa g ,~, 1 5 January 5, 1999 there with no insurance? ATTORNEY PALMER: Well, the thing about it is, with this kind of ambiguity, the insurance companies have an inclination to deny coverage. ~fR. FLEGAL: Right. CHAIRMAN BAISLEY: Right. M]t. FLEGAL: Yeah. CHAIRMJkN BAISLEY: The least little bit of way they can do it, they will sneak right out. MIR. TESALTRO: That's a good word. MIR. FLEGAL: Okay. Now, Mr. Daniels sold to Mr. Genschow -- MIR. BIiJkN: That's correct. Mit. FLEGAL: -- on the 6th day of October. MR. BILAN: That is correct. MI~. FLEGAL: Okay. Therefore, unless I missed something, Tom, on the 6th day of October, the permit ~Lr. Daniels had as A-1 cadillac ceases, correct? AT~RNEY pAI24ER: Yes. Yes. MR. FLEGAL: He sold everything. ATTORNEY PALMER: Yes, and the title -- MR. FLEGAL: So he has no permit to operate from 6 October on. ATTORNEY PAI~R: Right. That's correct. MIR. FLEGAL: So all the cabs should be parked, keys hung on the wall, period, 'cause you have no permits. MS. CRUZ: Madam chairman, maybe I'm confused. I understand -- the way that I interpret the ordinance is, the certificate to operate cannot be transferred without the approval of the Board. That has not been transferred from Mr. Daniels -- MR. FLEGAL: Right. MS. CRUZ: -- to Mr. Genschow. MR. FLEGAL: And he sold his company, so the certificate just dies, 'cause he's not -- he doesn't own any vehicles anymore. MS. CRUZ: And when Mr. Genschow came before this Board, I was under the impression that this transfer of the certificate to operate was going to happen within days after approval. MIR. FLEGAL: But it hasn't, 'cause he hasn't paid any money, so MS. CRUZ: Right. I understand that. MR. FLEGAL: -- he can't be operating a cab company, period. CHAIR~ BAISLEY: This was one of the things that we had brought up before, our concern a~out people transferring assets before they had an approval of an application. MS. CRUZ: Right. -- MR. BILAN: If I recall right -- excuse me, if I interrupt you MR. FLEGAL: That's all right. MR. BILAN: -- if it's all right, and then maybe Maria can interject on that, that when we were standing here the last time in October that we had discussed the issue of transferring the vehicles prior to the actual ownership being transferred. And as I recall, correctly or incorrectly -- correct me if I'm Page 16 January 5, 1999 wrong -- that you had said that you needed to take a look at that ordinance whether or not that it is made clear in the ordinance that the vehicles need to be transferred prior to appearing before the Board or after. CHAIRMAN BAISLEY: That's correct. MR. BILAN: So that's why we have transferred the vehicles, on advice, okay, and if we would have been told not to transfer the vehicles, then we wouldn't have done so. MR. FLEGAL: Well, but you transferred the vehicles before you became -- before you came before this Board, because we have copies of it. CHAIRMAN BAISLEY: But he's indicating that that's the advice that he had gotten. MR. FLEGAL: Okay. But you have to go back, and on October 6, we met on October 19 -- MR. BILAN: 19th, that's correct. MR. FLEGAL: -- Mr. Daniels sold his company, so as of October 60 Mr. Daniels was out of the taxicab business, period. MR. BILAN: I told you the last time we were here -- MR. FLEGAL: So there was no right for anybody to operate as of October 6, because we didn't give approval to transfer any sales, because we didn't meet until the 19th. But from October 6 on, Mr. Daniels and Mr. Genschow could not run a cab company. Mr. Genschow didn't have approval, and Mr. Daniels didn't have any cabs. He had sold them all. He had sold all his assets. Here's the signed agreement. So it's kind of -- it's a done deal. So what you were told was right, you know, get the vehicles in your name; but what I'm saying is, Mr. Daniels can't operate a taxicab company, 'cause he doesn't own one anymore. MR. BILAN: Right. MR. FLEGAL: Regard -- even though we didn't approve a transfer MR. BILA24: Okay. Ail right. Maybe I'm a little stupid, but I understand where you're going. MR. FLEGAL: All right. You sold your car to this gentleman. You don't own a car anymore. MR. BILA~;: Yeah, I understand. MR. FLEGAL; You can't take it and run it as a taxicab, it's not yours. Pm. BILAN: MR. FLEGAL: MR. BILAN: MR. FLEGAL: immaterial. MR. BILAN: MR. FLEGAL: Right. You don't own your company any~,ore. 'cause Right. Whether we gave him approval to run a cab company is Correct, 'cause I don't own it. You can't run a cab company, and that's what's been happening. Mr. Daniels has been running this cab company, and that's illegal. CHAIRMAN BAISLEY: And in this particular instance, shouldn't it have been that when he didn't come within the 30 days that we had January 5, 1999 allowed him to, that those stickers should have been pulled off those cars? MR. FLEGAL: Sure. ATTORNEY PALMER: Right. Yeah. Actually, I don't understand why anybody would take title to taxicabs without an assurance that he's going to get certificate to follow. CHAIRMAN BAISLEY: Exactly. I~R. FLEG~L: Why would you buy a company if you're not -- you're going to know you get approval to operate a company, so -- ATTORNEY PALMER: Exactly. MS. CRUZ: The 30-day issue is not -- it was not their fault, if I may add. It was the problem with the delay at the agency that processes the criminal record, and that was delayed on his case because of Mr. Genschow not having a Social Security number; and also there wasn't any -- they misplaced our request, and I did make a couple contacts with this agency, and they -- it was their fault that this record was not processed within that 30 days, so -- MR. FLEGAL: But paying the money has nothing to do with receiving the criminal record. MS. CRUZ: Right, but Madam Chairman brought that u~, and I just wanted to clarify that there was not -- it was beyond their control, the 30-day issue. MR. TESAURO: Mr. Genschow was here in October, and he should of really did his homework before he went to Germany -- MR. BILAN: Right. MR. TESAURO: -- because now, you know, you're caught between a hard rock and a -- MR. BILAN: Yeah, you know, I'm standing here -- MR. TESAURO: Well, the thing is -- MR. BILAN: -- without him being -- I have the money. I have the check in my possession, but obviously it's too late. MR. TESAUKO: He's absolutely correct. %~hen that title passed from Mr. Daniels, he's no longer operating a taxi business until the new owners get approved by us to operate as such, especially carrying passengers now, I mean, you're really, you know, you're really on thin ice if somebody should get hurt. MR. PEASE: Well, the fact is that you knew that this expense was going to occur, and provisions should have been made during the time that the report was being generated to have the money in place to pay at the appropriate time. MR. BILAN: Right, oh absolutely. MR. PEASE: And that wasn't done; that was negligent. ~. BILAN: Right. So, you know -- MR. FLEGAL: I think in this instance -- I don't know. Tom, I'll throw this out; you tell me if I'm wrong. ATTORNEY PALMER: Yeah. MR. FLEGAL; I would -- I'm leaning toward -- I know what we did with the other two cases, and ~5 was obvious. Since Mr. Genschow isn't in the country and so on and so forth, would really like to know ~ha~ all this is cleaned up. Would we be January 5, 1999 remiss in this instance if we just deny this extension and ask him to resubmit, so that it wouldn't -- Mr. Genschow can come before us and tell us that everything is clean. Right now I'm a little worried about that. ATTORNEY PALMER: Well, that would be within your discretion, or you could make sure that Maria reports to you -- back to you that in fact all those unanswered questions or loose ends have been tied down, whichever you prefer. CHAIRF~d~ BAISLEY: We have a serious problem here, because these vehicles are out on the street right now operating illegally. MR. FLEGAL: Yeah, I mean, I guess -- MR. PEASE: Well, we have -- I mean, it depends on how far the Board wants to go, but the Board can recommend to the County administrators to suspend or revoke the license. MR. FLEGAL: There is no permit yet. MR. PEASE: That's true. MR. FLEGAL: So there's nothing to revoke. CHAIRF~N BAISLEY: The other permit is still in existence, A-1 Cadillac, but not -- MR. FLEGAL: But he doesn't own any vehicles. MR. PEASE: That should, that should already be revoked. CHAIRMAN BAISLEY: Because he doesn't have any vehicles, and if you don't have a vehicle for 30 days -- ATTORNEY PALMER: Maria, is everything square? Are all the I's dotted? MS. CRUZ: Excuse me? ATTORNEY PALMER: Is everything, is everything squared away in regard to this application other than the payment of this fee? MS. CRUZ: Yes, sir. ATTORNEY PALMER: Everything's -- they're ready to go and you're ready to issue a certificate -- MS. CRUZ: Yes, sir. ATTORNEY PALMER: -- upon receipt of these fees. MS. CRUZ: That's correct. ATTORNEY PALMER: Okay. MR. BILAN: The funds are available now. MR. FLEGAL: Okay. Now, do you -- let me you ask this question. MR. BILAN: Yes, sir. MR. FLEGAL: Do you have -- if we do what we did with everybody else, you need to be writing a check for something like $450 or -- MR. BILAN: Not a problem. MR. FLEGAL: -- or $500, or something like that? Do you have that -- MR. BILAN: I believe it $723. MR. FLEGAL: I mean, I'm just guessing, so -- is that close? MS. CRUZ: Uh-huh. MR. FLEGAL: Okay. Do you have that money available? MR. BILAN: I certainly do, sir.. MR. FLEGAL: Okay. And you can write the check? We don't have to wait for him? Page 19 January 5, 1999 MR. BILAN: I can pay cash, if that's all right. MR. FLEGAL: Cash is fine. CHAIRMAN BAISLEY: But we couldn't allow the 30 days because of the situation with the vehicles. We either have to remove those stickers and let him have those 30 days or demand that he does it today. I think. MR. BILAN: I follow you. MR. FLEGAL: Yeah, that's what I'm saying. If we do what we did with the other people and he went and paid his money today, then he's in business, right, Tom? ATTORNEY PALMER: That's the way I understand it, yes. CHAIRMAN BAISLEY: But if we allow him the 30 days like we allowed the other people, these vehicles are still sitting out there. MR. FLEGAL: Well, we can, we can -- ATTORNEY PALMER: The question is whether there's any basis whatsoever to grant any further time, extension for anything -- CHAIRMAN BAISLEY: Right. ATTORNEY PALMER: -- with regard too this matter. MR. FLEGAL: Right. Yeah. CHAIRMAN BAISLEY: Do it today -- MR. BILAN: I can pay it today, within two hours, I can be there. MR. FLEGAL: Yeah. I think, based on what has transpired in this case, I don't know, I guess my recommendation to my other Board members would be that we do not permit the extension, but since everything is current from our last approval -- MR. BILAN: Uh-huh. MR. FLEGAL: -- we would approve you again, providing all fees are paid on or before close of business today. MR. BILAN: Not a problem. MR. FLEGAL: Okay? Would that -- can you do that? MR. BILAN: That's fine. Certainly. MR. FLEGAL: Okay. That would be my motion. MR. PEASE: I'll second CHAIRMAN BAISLEY: All in favor say aye? (Unanimous vote of ayes.) MR. BILAN: Thank you. MR. FLEGAL: Thank you, sir. MP. BILAN: I just need to know, where do I go? To the Horseshoe -- MR. FLEGAL: You can work that out with Maria, and -- MR. BILAN: Okay. You want me to give you a call later on or MS. CRUZ: Please. I should be there around 11 o'clock. MR. BILAN: Okay. Okay. Thank you. MR. FLEGAL: Now, understand that if you don't do it today that all bets are off. MR. BILAN: Oh, I'll do it today. No problem. I've got the funds available. Thank you. CHAIRMAN BAISLEY: Do we have any reports? MS. ARNOLD: No, we don't. We do not. CHAIRMAN BAISLEY: No reports from staff? Page 20 January 5, 1999 MS. ARNOLD: No, ma'am. CHAIRMAN BAISLEY: Okay. Our next business is Discussion. We have Anthony -- how do you say your last name? MR. DYSHANOWITZ: Dyshanowitz. CHAIRMAN BAISLEY: -- doing business as Platinum Limousine, Incorporated, Vehicle for Hire Complaints. Could you step in front of the mike, please, and be sworn in? (The witness was duly sworn.) CHAIP~MAN BAISLEY: What are your complaints today? MR. DYSHANOWITZ: Well, we're licensed to do business in Collier County. MR. PEASE: I can't, I can't hear you. MR. DYSHANOWITZ: We're licensed to do business in Collier County, pay all the fees, have all the cars squared away, yet a formal complaint was made on a Lee County company that does business here in Collier County that's licensed to do business here in Collier County that was moving a number of folks from the Ritz-Carlton to the RSW on Sunday, November 1. I filed a complaint, went through the paperwork, had it all notarized, only to find out on that Sunday, there was no Code Enforcement out there. I called Code Enforcement direct, found out that they weren't even informed that there was a major move going on that involved 20 or more vehicles unlicensed in the area. I also found out that that company was notified prior to the move to get their temporary permits late on a Friday. To the best of my knowledge, you folks aren't open on Saturday, and I would like to know how that company managed to get down to your place of business late Friday afternoon and get ail of the paperwork handled, including insurance that has to be shown. The only reason I know this is because I took the %ime to pull the temporary permit from another company one time, and I'll never do it again, because the process is too lengthy. I'd like to know how they done all of this prior to the move on a Sunday, how they got the information, and why Collier County Government didn't have Code Enforcement out there ticketing all these vehicles. That's what I'd like to know. I'd like to know what I'm paying for. MR. PEASE: Can you be more specific? What's the -- MR. DYSHANOWITZ: Royal Floridian Transportation. MR. PEASE: What's the company's name? CHAIRMAN BAISLEY: What was that? MR. PEASE: Royal Floridian. CHAIRMAN BAISLEY: Royal? MR. PEASE: And this is what, departures for a group, is that -- MR. DYSHANOWITZ: Departures, yes. MR. PEASE: They were -- they subcontracted 20 -- MR. DYSHANOWITZ: Twenty or more. MR. PEASE: Twenty or more vehicles? MR. DYSHANOWITZ: Right. Cars came from Miami° Sarasota. They moved them from the Ritz-Carlton November 1. Sunday. Pago' 21 January 5, 1999 CHAIRMAN BAISLEY: All they had to do in fact was to come down here to get temporary permits for those vehicles, which -- MS. CRUZ: If I may, Madam Chairman? CHAIRMAN BAISLEY: Yes. MS. CRUZ: I did get the complaint from -- I'm sorry; I can't spell -- pronounce your last name, Mr. -- MIR. DYSFJkNOWITZ: That's okay. Dyshanowitz. MS. CRUZ: --. and that complaint is -- was allegedly stating that Royal Floridian was going to be subcontracting a numerous amount of vehicles. Once Mr. -- once the complaint was received in our office, I contacted this company and advised them of what the -- the complaint we had and if, you know, the -- and reminded them of the guidelines. They were companies that Royal Floridian did contract that had certificates to operate, and the ones that did not have certificates to operate, they came in that same afternoon and paid for temporary decals. I would like to say 14 of them, but I'm not sure of the number, but I know there were numerous temporary decals that they obtained. MR. PEASE: So they did get the little ~emporary -- MS. CRUZ: Yes, sir, they did. MR. PEASE: Fourteen, around 14. MS. CRUZ: Uh-huh. MR. PEASE: What ones are you -- Mit. DYSHANOWITZ: Why were they informed, is what I want to know. Or Isn't this County here to make money as opposed to five bucks for a temporary permit that honestly could be issued? Now, correct me if I'm wrong. To get a temporary permit, you have to have copy of the vehicle's insurance, copy of the vehicle's registration -- MR. PEASE: No. Actually, if -- your company insurance can handle hired cars. Mine does. I have insurance on every car that I hire now. It's a blanket insurance policy. MS. CRUZ: Also -- and I can ask Ms. Arnold to correct me if I'm wrong -- our job is to obtain compliance, whether you obtain compliance prior or before the violation is committed. MR. PEASE: Is your complaint that she took a proactive step to make sure they were in compliance? Is that -- MR. DYSHANOWITZ: Yeah, that's my biggest problem. MR. PEASE: You notified her of a possible concern or -- MR. DYSHANOWITZ: Not "possible," it happened. MR. PEASE: -- or a compliant you -- in advance -- MR. DYSHANOWITZ: Right. MR. PEASE: -- of the function, and she responded to your complaint, and you're complaining about her responding to your complain. Is that what I'm hearing? MR. DYSHANOWITZ: Yeah, to a certain degree. I want to know why the County is taking five bucks for a permit when they could ticket every vehicle for 200, why Code Enforcement wasn't even informed to make sure that these permits were actually issued on the vehicles. Why can a company from out of the area, which you guys can't even Paqe 22 January 5, 1999 control Lee County companies; you have no clue how many companies are working out of Lee County that come down into this area every day, take business out of this area. MR. PEASE: That is not the description of the company you filed a complaint on. MR. DYSHANOWITZ: No, it's not. P[R. PEASE: They're permitted, right? MR. DYSHANOWITZ: It's not. I want to know why that company was informed prior to. MS. ARNOLD: Can I add -- Michelle Arnold, for the record. When we receive a complaint with Code Enforcement, you did file your complaint with Code Enforcement, so Code Enforcement was in fact informed of a potential violation or alleged violation; and we are obligated to contact the alleged violator and inform them of our rules, and that's in fact what Maria Cruz did. She informed them of the provisions of our ordinance and what was required of them as operators in this County, and they, at her advice, responded to the provisions that are permitted under the ordinance. And that -- MR. DYSHANOWITZ: And if she didn't call, would they have done it, number 1. Number 2, I did call Code Enforcement. They were not informed. They were not informed. MS. ARNOLD: Maria Cruz works -- MR. DYSHANOWITZ: Your people outside were not informed. MS. ARNOLD: Maria Cruz works for Code Enforcement. MR. DYSHANOWITZ: Your people outside that actually do the ticketing were not informed that day that the move was even happening. MR. FLEGAL: May I make a comment? What I'm about to say, you probably won't like. MR. DYSHANOWITZ: Go ahead. MR. FLEGAL: May be a valid complaint, i honestly don't know. Bringing it -- this Board is not where you bring that. Okay? That's not what we're here to do. If you have a complaint with Code Enforcement, you go to Ms. Arnold and you complain; and if she doesn't satisfy your requirement in the ordinance, you write a formal complaint, document all this, and you send it to the County Administrator, which is Mr. Fernandez. He will review it, and then he will submit it to this Board if he thinks we should see it. I understand what you're saying, but you've come to the wrong place. We, we can't help you with that. MR. DYSHANOWITZ: Okay. MR. FLEGAL: Okay? MR. DYSHANOWITZ: Okay. where do I need to go? MR. FLEGAL: We have no control over these people. They don't work for us. We're a Board to sit here and approve licenses, and if there's a formal complaint against a licensee, there's a procedure in the ordinance which says, you will write it up, submit it to the County Administrator. He will review it. If he thinks it's valid, he will Page 23 January 5, 1999 then submit it to the chairman of this Board, and we will act upon it. MR. PEASE: Is that the correct procedure? ATTORNEY PALMER: Yes. This Board has no administrative authority over the Code Enforcement Board. The thing I don't understand is, that there would have been no violation for a Code Enforcement officer to observe -- MS. CRUZ: Exactly. ATTORNEY PALM_ER: -- with these people -- these vehicles having the stickers on them. It would have only been a potential violation if in fact these vehicles had been out there picking up these people without a sticker on them. MS. CRUZ: Right. ATTORNEY PALMER: So the fact that the Code Enforcement officer was or not on the scene is immaterial. The fact of the matter is, they comply with the law -- and our object -- the object of this Board and this County is not to trap people and have -- and ca~ch them when they can be forewarned that they have a prerequisite obligation. They come in and take care of the prerequisite obligation, there's no violation. That's the way we handle things, and that's the whole purpose of the Code Enforcement Board. It's not to fine people, but to bring people in compliance with the applicable rules and regulations. -- CHAIRMAN BAISLEY: I have a question as to how the certificate the temporary tags were actually issued in this case. Were you given a list of vehicle ID numbers or license tag numbers or something, or were you asked to give 14 temporary tags to all -- of MS. CRUZ: No. They provided copies of all the -- registrations of the vehicles. CHAIRMAN BAISLEY: To all the subcontracted vehicles. MS. CRUZ: Uh-huh. MR. PEASE: Did a good job. MR. FLEGAL: I understand your plight, but unfortunately, you know -- MR. DYSHANOWITZ: No problem. Not a problem. Just a quick question. MR. FLEGAL: Yes. MR. DYSHANOWITZ: I need to go to Code Enforcement? MS. ARNOLD: Yeah, you need to see me. You can set up an appointment to see me. MR. DYSHANOWITZ: And your name, ma'am? MS. ARNOLD: Michelle Arnold, and you call 403-2440. MR. DYSHANOWITZ: Okay. MS. ARNOLD: Okay? Let me give you one of my cards. MR. FLEGAL: Yes, sir. You have something to bring before the Board? MR. SCOTT: I do. I'd like to speak a little bit. MR. TESAURO: He needs to be sworn in. (The witness was duly sworn.) CHAIRMAN BAISLEY: Your name, please? PagTM 24 January 5, 1999 MR. SCOTT: Rick Scott, owner-operator, Elite Limousine Service, licensed, permitted in Collier County. Tony and I face the same thing along with Royal Floridian. We have expenses dow~ here, permits, telephones, office expenses. There are a lot of companies that are working out of Fort Myers and also in Collier County that are not permitted. What is the resolution to get these people permitted without entrapment, as I heard the word before. We can't trap people -- ATTORNEY PALMER: No, no, not entrapment. You don't understand the phrase 'entrapment." The fact of the matter is, we're not -- our obligation is not to let people violate the law, people who can be forewarned. MR. SCOTT: Okay. ATTORNEY PALMER: Don't forewarn them; set up a sting operation and try to fine them $200 when in this case, you give them a phone call, you tell them what the rules and regulations are, they come down, they abide by the rules and regulations, and there is no violation. MR. SCOTT: Okay. I've seen one sting operation, and that was last -- Collier County high school at a prom or homecoming. CHAIR/WAN BAISLEY: That was in October, I believe, wasn't it? MR. SCOTT: Yes. There was, there was a sting operation, and it, it worked effectively from what I understood, until I talked to one of the companies that was cited with three vehicles, and they said they beat the rap, because that they were never notified that they had to be Collier County permitted. There's been a lot of mail sent out recently, registered, from Collier County with the stipulation of not -- of having an office in Collier County. Could not all the companies in Collier and Lee County that are not permitted be notified that this is the law? You break the law -- ATTORNEY PA~ER: Well, it's a question of administrative -- MR. SCOTT: -- and there will be a penalty? ATTORNEY PA~ER: -- priorities, but I don't know -- you said about beating the rap. There is no mandatory requirement that somebody be notified in advance of the requirements before they can be charged with a violation of this ordinance. That's a ridiculous statement. So I don't know what you mean, they beat the rap because they, they weren't -- they made an allegation that they weren't formally notified of the obligations. MR. SCOTT: This is, this is what the company manager at that time told me -- ATTORNEY PALMER: Well, they may have, but -- MR. SCOTT: -- that they beat the rap: they didn't pay -- ATTORNEY PALMER: I'm telling you that there is no requirement that anybody be formally notified -- MR. SCOTT: Okay. ATTORNEY PALMER: -- before they can be charged with a violation of this ordinance. Page 25 January 5, 1999 MR. SCOTT: Okay. Aside from that, whether they, w~hether they paid the fines or not, we still have companies coming down from Lee County. Is there a way we can notify these people -- MR. PEASE: Absolutely. There's a procedure, and you file a complaint with Maria, and then she researches it and she reports to the Board with the information, and there's procedures in place in the County for that. MR. FLEGAL: Do you know the names of these companies? MR. SCOTT: It's Personal Touch Limousine Service, Touch of Class Limousine Service, Diamond Transportation -- MR. FLEGAL: Well, you file all that with Maria, and she'll -- MR. SCOTT: Luxury Limousine Service -- Mit. FLEGAL: Again, just like I told -- you've come to the -- we're not administrative. You need to talk to Ms. Arnold. MR. SCOTT: These are, these are all people, these are all people that advertise in the Collier County phcne book, that -- I mean, open the phone book and look at a list of companies, and then look at your licensing. They're not licensed, yet they're advertising dow~ here and they're doing work. The procedure is to go through Maria? MS. CRUZ: Right. MR. FLEGAL: Yeah, you have to go through Code Enforcement, which is -- Miss Arnold's in charge of Code Enforcement. MR. SCOTT: Okay. And lodge this as a -- MR. FLEGAL: Right. MR. SCOTT: -- complaint with a recommendation. MR. FLEGAL: Once the complaint gets -- has some validation, it will be sent to the Board. That's what the Board's here to do. We don't do administrative work. You need to talk to Miss Arnold and file your complaint. MR. SCOTT: Does it sound like there's some validation to this? MS. ARNOLD: We need to investigate. CHAIPdW3~N BAISLEY: We just told him he had to file with the County Administrator. MR. FLEGAL: Well, I mean, his, his first complaint needs to be to her, and then if he's unhappy with her, then he files with the County Administrator, but he needs at least to go to her and tell her that, hey, there's a problem. And if she doesn't satisfy him, then -- MR. PEASE: Right. MR. FLEGAL: -- then go to the County Administrator and make it a real formal, blown-up deal. You may get satisfaction from her real quick. You may get satisfaction from her real quick. I don't know. MR. SCOTT: Okay. MR. FLEGAL: We're not administrative -- MR. SCOTT: As the Board for for-hire vehicles, I don't know who sets up your rules and regulations as to what vehicles qualify. Lincoln has what they call Q~.~-approved vehicles; they're quality vehicle manufacturers. They are approved by Ford-Lincoln-Mercury company to build limousines. At this point nothing longer than Page 26 January 5, 1999 O120-inch stretches are approved, and some of the companies that are stretching them are not QVM-approved. How would we address getting this incorporated into the qualifications to run a limousine service? CHAIRMAN BAISLEY: Somewhere in this ordinance, it says they have to be federally approved. ATTORNEY PALMER: To the extent the federal law applies. CHAIRMAN BAISLEY: Okay. Something. ATTORNEY PALMER: They must meet the applicable federal regulations. That's correct. That's by reference -- CHAIRMAN BAISLEY: So they're not -- MR. SCOTT: Federal regulations. ATTORNEY PALMER: Yeah, it's an applicable federal regulation that says the vehicle must do this and that. This ordinance says that the vehicles, in order to operate under this ordinance in Collier County, must meet the applicable federal requirement to the extent it applies. CHAIRMAN BAISLEY: It's on page 11 of the ordinance. It says, 'Vehicles that have been modified, such as stretch limousines, must meet all state and federal standards applicable to such modified vehicles.' ATTORNEY PALMER: In other words, if you can show that a vehicle is -- that one of these standards applies and it is not being met, then by reference it does not meet the qualifications of this ordinance. MR. SCOTT: Okay. ATTORNEY PALMER: And you can bring that to the attention of Maria. We have the wherewithal to investigate those kinds of allegations. CHAIRMAN BAISLEY: Right. MR. PEASE: Just for the record, the Board has the desire to ensure that the vehicles are permitted properly and the procedures are followed. We're not against the goals that you speak of. MR. SCOTT: Well, the reason I -- MR. PEASE: We're just here as a system for triggering this. MR. SCOTT: Yeah. The reason I'm bringing this up is that in 1999, Ford Motor Company is going to drop their warranties when they stretch -- a vehicle manufacturer stretches a vehicle more than 120 inches, Ford is not going to guarantee it; and if they're not stretched by a QVM dealer, QVM-approved dealer, they are not going to honor any warranties on these vehicles. And this is something with yourselves on the insurance, it might be to your advantage to look into and see what Ford is doing and, and follow suit. ATTORNEY PALMER: Well, a, a manufacturer's warranty is a much different thing than an obligation of an insurance policy, and the -- basically, the vehicle warranties do not go to occupants or the passengers; they go to the owner of the vehicle. So whether or not the owner of the vehicle has a manufacturer's warranty is a matter of indifference to this Board. We're interested in insurance coverage Page 27 January 5, 1999 that protects the occupants and the passengers. CHAIRMAN BAISLEY: And that they meet the state and federal standards applicable to those. ATTORNEY PALMER: And -- yes, so quite often, if -- an insurance policy will be void if the vehicle being insured does not meet the requirement. MR. SCOTT: And if Ford Motor Company will not warranty this vehicle, do you feel it's -- ATTORNEY PALMEK: Generally speaking, insurance policies do not care whether or not the owner of the vehicle has a manufacturer's warranty running to the owner of the vehicle from the vehicle saying it's a good car. That's an entirely different issue. MR. PEASE: There's no implication that they're not warrantied for -- from a safety standpoint for -- our concerns are the safety aspect, but it could be that they don't like the way the transmission is altered or anything else, it could be related to the body and not the safety of the vehicle. MR. FLEGAL: I mean, a vehicle could be built by somebody else beside Ford and Chrysler and all that. I mean, it can be built by the ABC Coach Company. MR. PEASE: And still be legal. MR. FLEGAL: And it's still legal on the street if it meets all the federal and state requirements, and they don't give a warranty. Who cares? If the insurance company insures them, we're happy. CHAIRMAN BAISLEY: If you are aware of vehicles that are out there that have been stretched that don't meet those states and federal standards -- MR. FLEGAL: Then you can tell -- CHAIRMAN BAISLEY: -- you should inform -- MR. PEASE: I'm not even sure I know what the state and federal standards are for limousines. I've never even seen a copy of them. MR. SCOTT: If you look at records, there probably is none. ATTORNEY PALMER: Oh, there are probably federal regulations of that, you know, kind of what I'd call fine-print regulations that if you search far enough, you can probably find them. MR. FLEGAL: I'm sure there are, because in California they stretch limos, you know, two blocks long, and they're on the street, so I'm sure there are some regulations out there or those cars wouldn't be being sold. But if you know of some or whatever your complaint, please take it to Ms. Arnold. That's your first step. MR. SCOTT: Well, my major complaint is the companies that are not licensed and permitted in Collier County which, of course, is taking work -- MR. FLEGAL: MR. SCOTT: MR. FLEGAL: MR. SCOTT: things and -- MR. FLEGAL: Right. -- from those of us -- I agree. -- that are, because they could, ~hey could low-ball Right. January 5, 1999 CHAIPd4_AN BAISLEY: Sure. ATTORNEY PALMER: We're aware of this. This is a, this is an enforcement problem; this is not a lack of will. We have been trying to get cooperation of the insurance -- of the sheriff's office for a couple years in order to basically work with us on this matter, and they give it a very low priority. They can prioritize their work as they see fit in their discretion. We have just not been able to get their attention to the, to the satisfaction of this Board or the County. M~. PEASE: But Code Enforcement in the last year has done an excellent job in policing that from their jurisdiction, and it may not be on the sting side, but it certainly -- it's a proactive approach. MR. SCOTT: I'm sure -- ATTORNEY PALMER: That's true. MR. PEASE: And I think the phone book scenario, every phone book, I believe, you guys go in and research that and look at who's not got their ads, who doesn't have the listing of their permit on the ad, et cetera. CHAIRMAN BAISLEY: I think in this particular instance, the subcontracted vehicles, I think the reason -- I can't speak for you, but the reason that you probably didn't send a Code Enforcement inspector out on that particular Sunday was because you had issued 14 temporary permits -- MR. PEASE: Right. CHAIRMAN BAISLEY: So you didn't feel there was a need to send tsomebody out. MR. PEASE: That makes sense. ATTORNEY PALMER: Yeah, the Code Enforcement Board is doing what it can with its, with its personnel and abilities. The thing about it is, this would be much more of a direct hit if we could get a -- deputy sheriffs looking for these s%ickers and trying to stop vehicles that do not have a sticker on them when there is an apparent violation. That would be an easy tking to do. We were even talking about giving them a one-page bullet sheet about what to look for to see what -- if there was a prima facie violation, and we just cannot get the sheriff to do it, and that's his discretion. CHAIRMAN BAISLEY: Right. ATTORNEY PALMER: And his decision to make. And that's it. MS. AP~NOLD: And we -- whenever our officers are out and they see a violation, because they're advised as to what to look for, they, they -- MR. SCOTT: It's easy to spot. MS. ARNOLD: -- try to, they try to -- you know, we've got to keep their safety in mind, as well; because we aren't equipped, as the sheriff's deputies are, you know, so we, to the extent that we can enforce it, when we see a moving vehicle out there, we do that. But if it's taking -- if we don't get the assistance from the sheriff's department, which we have radios that we can call in and request that assistance, but their priorities are set by the sheriff, ~ag(.~ 2 9 January 5, 1999 and, you know, we have to just kind of go with the assistance that they provide us. CHAI~ BAISLEY: It is an enforcement issue which we've been working on for a great deal of time and still continue to work on. MR. SCOTT: It's -- it all sounds, yes, we all have a problem. It's costing -- CHAIRMAN BAISLEY: We all do have a problem. MR. SCOTT: -- it's costing those that are running legally a fortune. MR. PEASE: If you will file, if you'll file the permits -- MR. SCOTT: Yeah. MR. PEASE: -- I think you'll see a response. MS. ARNOLD: We will definitely investigate it. MR. PEASE: They'll give you a very quick response. MR. SCOTT: I mean, like I said before, if notices are sent ~o .all these people, all the companies in Lee County by registered mail stating this is the ordinance, if you're not in compliance, shame on you, if you. get caught, somebody's signed for it, and there's going to be a penalty. Raise the fines. You know, put it, put somewhere where it's going to get their attention, and hopefully we'll either get them all legal or get them off the street. Appreciate your time. Thank you. MR. PEASE: Thank you very much. CHAIRMA/q BAISLEY: We have an additional item under Discussion which is a complaint that we received from the Collier County Board of Commissioners and all Transportation Board members have received from Bob Evers Insurance concerning Graham Transportation having written a bad check to them, which has not been resolved. MR. PEASE: Would you like a copy of that? ATTORNEY PALMER: Yes, please. We can discuss this today, obviously, but no, no action on the merits can be taken. You understand that. CHAI~4AN BAISLEY: Exactly. ATTORNEY PALMER: This is just a matter of open discussion as to maybe strategizing and that sort of thing. CHAI~4AN BAISLEY: I think it's my recommendation, as it was before, that this complaint really needs to go to the County Administrator, as required by the ordinance; and if at such time this does turn out to be a felony charge against Mr. Graham for this, then we can take action against him for his permit. But at this time, there's no criminal -- ATTORNEY PALMER: Another thing is that the state attorney's office in Collier County is very good about bad check complaints. They prosecute them, unlike some counties in the state of Florida, and all the person needs is to bring to the state attorney certain minimal prerequisite information, and if they have it, the state attorney will give notice of the possibility of a criminal violation on the courts on a bad check. MR. PEASE: The timing is interesting. This thing -- it looks to Page 30 January 5, 1999 me like the policy was from '96 to '97, so that's over a year old, two years old. MR. TESAURO: My only point is, and I, I agree, this is more of a legal than it is our Board, but we are, we are enforceable on insurance, so -- ATTORNEY PALMER: There's no question the Board has some ancillary authority. MR. FLEGAL: He's got insurance. MR. TESAURO: He does have insurance with another company. MI~. FLEGAL: Right. ATTORNEY PALM~R: All I'm saying that, that this man wants his money obviously, and it seems to me that one avenue, at least an alternate avenue, of attack would be to bring this matter to the attention of the state attorney's office and see if he's got enough requisite information, and the state office will issue the requisite papers and to the check writer and say, look, if you don't pay this check, we're going to prosecute you. MR. BAISLEY: Well, the affidavit and request for criminal prosecution which is included in this packet was filed on February 12, 1998. What is taking them so long to -- ATTORNEY PALM~R: They would have made a decision one way or the other long before this time. MR. FLEGAL: Tom, as I understand the ordinance, unless this Mr. Graham is convicted of some type of felony, this Board can take no action. ATTORNEY PAL~fER: No, I don't think so. I think the Board could have a hearing and make a determination on the facts if in fact the evidence warranted it, that in fact it was a check written that bounced in a direct business-related matter; and then if that's the case, from that, you could -- you have a laundry list of possible ramifications and actions the Board can take directly against the, the certificated business up to and -- a revocation of a certificate. There's a myriad of options that the Board has of various penalties, and it would be a matter of, in fact, setting up a hearing and having like a little minitrial before the Board where you would act as the jury. Before that's done, I have to get Maria and get the facts and find out what we've got. But in the meantime, it seems to me, we'd want to find out what in fact did the state attorney's office do or not do with the complaint. MS. ARNOLD: See, we haven't had an opportunity to do any investigation on this, and that's what we need to do first, of course MR. FLEGAL: Well, I guess I have a problem with this, because it involves a check that was a year ago. MR. PEASE: Actually, I think two years ago, because that policy is '96-97, and that's October '96, right? MR. FLEGAL: Yeah. I mean -- CHAIRPSkN BAISLEY: October of '97, yeah. ?ac~e 31 January 5, 1999 MR. FLEGAL: So he didn't get paid, and now he's, he's obviously operating and has current insurance, so, I mean, I'm a little hard-pressed. ATTORNEY PALMER: Well, there may be defenses as to why the check was -- maybe he put a stop work order on it. There are lot of things we don't know. MR. PEASE: Here it is. I see the check copy is to -- ATTORNEY PALMER: The fact that a check was stop pay doesn't answer anywhere near the kind of information the Board needs to make a -- or the staff would even make to make a judgment as to whether or not anything should -- further should be done about it. So I suggest we just get a little more facts and fill in the background here on what's going on. MS. ARNOLD: Yeah, I think we'll, we'll look into this and then provide a recommendation for the Board. MR. PEASE: That makes sense. MR. TESAURO: Tom, in all due respect, we established the fact that A-1 Cadillac was operating illegally is not in our hands. This is a bad check, which really doesn't really -- if I can finish. ATTORNEY PALMER: No. You're right. MI~. TESAURO: I let you. Okay. It's a bad check, which is a legal matter. If the man is operating with a, with a valid license to operate his cab company and he has insurance and like, like Ms. Arnold said, all right, it's really out of our hands. ATTORNEY PALMER: We are not really in the business of a collection agency. That's essentially what they're asking to do here. We are in the business of keeping -- not having cab companies defrauding creditors all over the place, that kind of a thing. But my impression is that we're not in the business of collecting -- you know, enforcing check payments. That's more of a vehicle for the state attorney. And if in fact the state attorney did not press this case, there's a valid reason for that. They've looked into it, and they've found out that either there's insufficient evidence or that the payee has a valid -- or the payor -- the maker of the check has a valid reason to have stopped payment on it. So that's one of the things we need to know. But you may, as a matter of discretion, just say that you are not going to get into the business of enforcing bad check charges as a matter of policy. MS. ARNOLD: I think what the complaint would like us to do is look at suspending or revoking the license, because he's implying that there was -- he was found guilty or there was a charge brought against Graham, so we haven't -- MR. FLEGAL: I don't see anything in here that says he was found guilty. MS. ARNOLD: We haven't found that information at this point, so we can't make that recommendation to you. MR. PEASE: And I don't think we can act on anything until we P,'Hj e 3P. January 5, 1999 e that information. i!MS. ARNOLD: Right. i CHAIRMAN BAISLEY: That's right. Until we have a -- MR, PEASE: So I think this is just defer to the next -- do you want to make it part of the agenda for -- i,MS. ARNOLD: Sure. CHAIRMAN BAISLEY: You could research this, and it will be part our next agenda for our next meeting. ~ MR. PEASE: That has to be a meeting, not a workshop, right? ~ CHAIRMAN BAISLEY: I think it has to be a meeting, doesn't it, Tom? This couldn't be in a workshop; could it7 ~ ATTORNEY PALMER: Oh, no. We'd have to have to have a -- f~rmally notified. It would be like almost a charge, like you're being sued. :t~e CHAIRMAN BAISLEY: Right. ATTORNEY PALMER: You'd.have to be notified of the charges and -- and be given a sufficient notice of in fact at least 20 days, I w~uld say, that in fact there's going to be a hearing, a formalized hearing, and so forth, and he could be represented by counsel. It would be look a little trial. u~ MR. PEASE: I don't think we want to go to a hearing scenario il we hear what the information is. ~ ATTORNEY PALMER: Absolutely. I'd have to get with staff and do ~horough review of the matter and exercise what's known as )rosecutorial discretion as to whether or not there's enough here to ing the case before the Board, these kinds of decisions. if So we're a long way from making any kind of decisions like that. ~i MR. PEASE: My question was, can they report back the information .n a workshop format? ~ ATTORNEY PALMER: Oh, sure. You can give instructions and directions at a workshop. The only thing you can't do at a workshop is make a decision on the merits of any matter. CHAIRMAN BAISLEY: Okay. So we could, at our next workshop, just · e like an update on this situation -- -~ ATTORNEY PALMER: Oh, sure. Sure. and ~ CHAIRMAN BAISLEY: -- discuss, but not make any ~e~ommendations. ~i. ATTORNEY PALMER: Or you could actually instruct staff to do this or do that or follow up -- CHAIRMAN BAISLEY: Right. ATTORNEY PALMER: -- or we want something else done, those kind of instructions can be done at a workshop. CHAIRMAN BAISLEY: Okay. Very good. MS. CRUZ: When would you like to have your next workshop? MR. FLEGAL: I want to ask Tom a question. ~ CHAIRMAN BAISLEY: Go ahead. ~ ~ MR. FLEGAL: General information, Tom, as I read the ordinance. reading how do -- disciplinary proceedings and suspension and r~vocation and all that, how does it come about that we, the Board, ~itiates such things? Page 33 ATTORNEY PALMER: MR. FLEGAL ~ Okay. January 5, 1999 The Board wouldn't normally initiate. ATTORNEY PALPfER: The Board would respond to a compliant. MR. FLEGAL:~,~ Right. That's what I -- ATTORNEY PALMER: As a matter of fact, it's ver~, very problematic legally if any member of the Board in fact is like an investigator or the, the incentive force of a complaint. ~i/i Matter of fact, the law of Florida is that members of Code F~forcement Boards cannot be the complainant on any case that's brought before the Code Enforcement Board. ~ MR. FLEGAL:~i!ii Okay. The reason I ask that question is, in this case, under the ordinance, 'course, he sent this to the County Commissions, and if they proceed with it, the County Administrator, ~tnder the ordinance, is the one that would have to recommend to this Board that we take some kind of action, as I read the ordinance. ATTORNEY PALMER: Okay. That may be what it says. I'm not -- MR. PEASE: ~It does. MR. FLEGAL: That's what it says, that's why I'm saying, unless the County Administrator comes to us and says, gee, based on all this information, I want you to look at -- ~.: ATTORNEY PALMER: Right. i~i~i~ MR. FLEGAL:i!.?-- taking his license or something ?~ ATTORNEY PALMER: Right. The County Administrator -- i~i MR. FLEGAL: i This is really nothing for us to do. !~i~ ATTORNEY PALMER: No, not until something comes down through Channels that says, do something. MR. FLEGAL:i Right. MR. PEASE: !iCode Enforcement could be -- MS. ARNOLD:'ii' The body. ~:i MR. pEAsE: -- the conduit to make that happen -- .~ MS. ARNOLD: Right. ~' MR. FLEGAL:!ii~ Well, they would have to tell the County Administrator. ~ MR. PEASE: ii'Right. Correct. , {~ MR. FLEGAL:ii~ilBecause it doesnt say in the ordinance, County Administrator or!its designee, it says, County Administrator, period. ~i MS. ARNOLD: ~i Well, actually, in the, in the definition of County Administrator it~says, or other designees, so it's referring back to the definition of County Administrator. It doesn't specifically in that section -- i~,~ '.~.'> MR. FLEGAL: ?In this particular thing, they, they crossed tha~ out , sO I would suspect that the object was :o make it the administrator. Iidon't know. ~:i~i, ATTORNEY PALMER: No, actually what that was is, throughout the ordinance of that, those designees -- !~i MR. FLEGAL: Right. '!~ ATTORNEY PALMER: -- we took those out at 55 places and took care of it by expanding the definition of County Administrator in the definition section, so we weren't redundant at 35, 50 times in the ordinance. Page 34 ~i!' January 5, 1999 MR. FLEGAL:i'~ Okay. i~ MR. PEASE:fill So Code Enforcement would be an assignee then? i~I MS. ARNOLD:il Yes. ~ii ATTORNEY PALMER: But there's a lot to do here, and we have no idea. ~ Another thing is that a revocation of a permit requires clear and convincing evidence, whereas other matters such as denial of a permit is preponderance of the evidence; so there's a high burden of proof, and unless it's really kind of a slam-dunk case from the perspective of staff, we would normally not bring such a case. MR. FLEGAL: That's what i thought. iii. CHAIRMAN BAISLEY: I think as part of the research being done here, we should also find out if there was a period of time in here which he did not:~have insurance because of this fact, because he had Submitted a bad:~heck. If there was a lapse in his insi~rance coverage, would be part of the issue. MR. PEASE: Wouldn't, wouldn't -- ATTORNEY PALM~R: Yes, that's another issue. MR. PEASE: Wouldn't they already received that though, because they're a certificate holder; in other words, Maria would have got a copy saying -- ~' MS. ARNOLD: Yeah, we should, we should have received a copy of a, you know, lapse of policy· ?i! MS. CRUZ: Normally, when a policy is going to cancel, the Otnsurance company sends us a notice of cancellation. ~ ATTORNEY PALMER: It may have been that this person went out and ~t insurance from another carrier· Who knows? ~' CHAIRMAN BAISLEY: That's what I mean. We need to find out all the facts before we -- MR. PEASE: Yeah. MR. FLEGAL: Yeah, there's a lot to do it before we bring it here. CHAIRMAN BAISLEY: Okay· Our next meeting date is scheduled for April 5, 1999, and we need to schedule a workshop before. MR. FLEGAL: Badly! ~ CHAIRMAN BAISLEY: Badly, yes We are way behind in our workshop activities· We need to make it so that everyone can be present. MR. PEASE: !June? CHAIRMAN BAISLEY: Oh, come on. I know it's a difficult time of the year for those of us who are in businesses here, but we do need to have a workshop. Can we agree on a date today or -- MS. ARNOLD: ~ May I ask the Board a question, go back to the meeting date? Are you all agreeable to moving the meetings to a Tuesday, available Tuesday that the Board is not meeting, rather than a Monday morning? CHAIRMAN BAISLEY: I don't have a problem with that. MR. PEASE: ~I'm fine with that. MS. ARNOLD: ~.!iiOkay. I just need to verify whether or not the January 5, 9 Board's meeting on that 6th, April 6th, and then we'll get back to the Board.' '~, ~: CHAIRMAN BA~SLEY: That's fine. ~!-.Date for a:i~0rkshop? ~..~,,!i. F~R. FLEGAL:~.I'm flexible, but the sooner, the better, because we d0 have some it~ -- .!~: CHAIRMAN BA~SLEY: Yes,:-we do, we've -- long overdue. .~ MR. FLEGAL~t~- that we've got to solve quickly. ,!~:. MR. PEASE:-~.'X think that, from my perspective, the earlier, the b~:~tter, so whatev~'~r works for your guys. ~.. CHAIRMAN BAISLEY: Does anybody have a calendar of this month? I don't have one with me. ~;. MS. ARNOLD:~: I do. You want to borr?w my calendar? 'i~,. CHAIRMAN BAISLEY: This is last year s. ~,,.:~ ;MR. FLEGAL:'~They_~, can't_ forward to have three calendars for the ~ommlssioners, ~ CHAIRMAN BAiSLEY: We have somebody who came prepared. ~i Let's see h~'re. January. Here we go. ~' Is there a ~ay of the week that's particularly better for others than -- Mondays '~re usually not very good days for me. If we could do it another day of the week, I'd prefer. MR. PEASE: That's good, 'cause I forget the Monday ones. CHAIRMAN BAISLEY: Okay. How about a Wednesday maybe? I know it will have to be a day that we can use the room over at -- ~: MS CRUZ: The conference room? i~:. CHAIRMAN BAISLEY: The conference room, yeah. ~!. MR. PEASE: :i. What time? ~i~I CHAIRMAN BAISLEY; Wednesday the 20th maybe? ii ATTORNEY PA/~R: I'm going to be, I'm going to be on my ~neymoon. · -~ MR. FLEGAL:'?Oh, CHAIRMA/~ BAISLEY: ATTORNEY PALMER: of vacation for me. ~ CHAIRMAN BAISLEY: following week? ~< ATTORNEY PALMER: CHAIRMAN BAISLEY: ATTORNEY PALMER: CHAIRMAN BAISLEY: oh. MR. PEASE: ,Congratulations. Oh, gracious. Thirty years. So that week is -- that's a week Okay. Well, how about -- will you be back the Yes. The 27th? That would be fine. January 27? MR. FLEGAL:~ Not a problem for me. CHAIRMAN BAISLEY: The earlier the better would probably be MR. PEASE: Six? CHAIRMAN BAISLEY: I get up at 5:30; I could be here at six. MR. FLEGAL:' I'm up at f~ve, so -- MS. ARNOLD: Is that a Wednesday? CHAIRMAN BAISLEY: That's a Wednesday. ARNOLD:~Yeah, how about ten o'clock? Ten o'clock? Page 36 ATTORNEY P~R: Here or -- MS. ARNOLD:~Is that early enough? MR. PEASE:.~t the Horseshoe D~ve. ATTORNEY P;t~R: Horseshoe Drlve. CHAIRMAN BAISLEY: At Horseshoe. Ten o'clock on the 27th. .~ Can we contact the Board member that's -- the two Board members that are not present and see if they can attend, please? ~.. MS. ARNOLD: ~ We'll do that. MR. PEASE: We do the meetings here and the workshops over ~here. ~ ATTORNEY PALMER: Will we get any kind of an agenda package or any kind of a, of a -- anything about what's going to be discussed prior to the meeting? --~ ~ We ~.~ MS. ARNG~,~ should probably go over what item:~ you want to -- ~hat, what I th~k -- '~. MR. FLEGAL~ The one we had where nobody showed up, I can't remember what the agenda was. ~ MS. ARNOLD: The ordinances, we were going over ordinance changes. ~- ' MR. FLEGAL:" Right. And -- MS. ARNOLDi~ And we probably want to put that on there, yeah. MR. FLEGAL:~ And -- yeah, ordinance changes and the -- if you have more than one company, it means you need more permits. .~ CHAIRMAN BA~SLEY: T~at' s right. ~ MR FLEGAL~, You can t hav~ one permit and operate 10 cab ~companxes. '~ , ~" CHAIRMAN BAiSLEY: We haven t resolved that ~atter yet. :~i MR. pEASE:-~ That will need your involvement ~or sure. CHAIRMAN BAISLEY: Yes. · ATTORNEY PALMER: Uh-huh. Uh-huh. : MR. FLEGAL: 'Cause the ordinance is, I think, pretty much black and white. MR. PEASE: In fact, it's interesting, because two Board members, in terms of a v6te on that item, would have to be -- excluded themselves. .~ MS. BAISLEY~ Exactly. MR. FLEGAL~i, Yes. MR. PEASE: ~Both myself and Yellow Cab. CHAIRMAN BAISLEY: Well, Jack's going to have to exclude himself too. He now has Beach & Island, so -- MR. PEASE: ~:So there's three Board members. MS. ARNOLD~'I There was also another item on fictitious names? Is that the same thing? MR. FLEGAL~i. That one doesn't ring a bell, but put it on there. I mean, let's, ~i~t's clean up all the -- CHAIRMAN BAISLEY: I think there was some discussion. I've sort ¢ lost track. ~.~j ~ ATTORNEY P~MER: I'll have to take a look at the question about ~xclusion, because there are a number instances under Flor,ida law Where you can d~Clare a conflict and vote. Page 37 January 5, 1999 I-~: The fact that you have a conflict does not necessarily mean you ~USt abstain from voting, particularly if you vote on a matter which is'~against your own interests. You may decide that ~..tangentially · /~ou're going to~o something that's goin, g t.o makr~ YeOrU~h.blUn~l~S~ore°re 'onerous, but ink'the p~blic interest, it s the p P · 'Those kinds of decisions are not prohibited by the Florida statutes. ~ MR. FLEGAL: Yeah, and this one, I think, what we're really looking at is, if you own two cab companies and have one permit -- ~_- ATTORNEY PALMER: Exactly. MR. FLEGAL: -- what we're saying is, you need another permit. if ou've got a -- if ~.:i. ATTORNEY PALMER: And what you' re -- Y , . if~Ou're, if you're in that situation, that actually is imposing a burden on yourself? That kind of a decision made in the affirmative ~would not be prohibited by Florida law. 'i~:~~ orida law is concerned about conflicts of interests where :' O91 lare not doing what's in the public ~nterest to ~.rotect the --own personal interests. There's where the rub is, I mean, on those kinds of decisions. And there are a lot of instances under the law, they're :;,or:_ of very fact-specific about the ability to declare a con[!ict and yet vote on the substance of the matter. MR. PEASE: Sounds like it's going to be important. ATTORNEY PAL/4ER: I've done a lot of research over the years in Uregard to this specific area of law. ... · '~.]~ CHAIP~dAN BAISLEY: All right. Then we can close our m._~e~n~ up ~, MR. FLEGA~i~: I make a motion we adjourn. MR. PEASE:' I second. · CHAIPd. LAN BAISLEY: I second· · MR. PEASE: Oh, let her have it. CHAIRI.LAN BAISLEY: Done. MS. CRUZ: Thank you. There being no further business for the goo~ of the County, the g was adjourned by order of the Chair at 10:15 ~.m. COLLIER CO~4TY PUBLIC VE!{ICLE ADVISORY BOARD PAT BA~SLE%, CHA~R~.'U~ ~5 ~iTRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPOE'?ING SERVICE, INC. :BY SANDRA B. BROgD~ Til NEXT ,~I EE'FIN(; l),.s,'i'E F()R TI I E E%IS,.s,(: (:().~1%1 ITTEE ~VII,I, lie I'.%1. :it F,~I$ IIEADQUARTEIIS, II£AI,TII ilIIII,I)IN(; J"' I,'I,()()R $.3l) I EAST 'I'A,~! I,~IA I TRA I I,, N A I'I,E,~, F! ,O R II)A PI,EA,~E IISVI' - 774-S45'~ 'I'IIANK Berry COLLIER COb ~'i",-lq' HISTORICAL & ARCHAEOLO(;IC.iiDtq{EgERVA'I'IT~-N ..... ,~ BOARD ~Ieetir~ o{ .Xlar~h 12. 1999 .~tt enhance:. Lorn ,lean ¥o. nS, Ck~irman Jolm Tho.ap,on. Vice. Chairman Thomas Franchino Bill Tx,o, Diane Gonz~lez Ra: Bdl..,,.. P~i.c;pal PI Alexa,~,ler D~,ek Joanne Q,dnn The Prescr',aiion Board meeting wa, called to order at 9:1)0 .'XM. ADDENDA TO AGENDA: A. John C,,rr~ H ..... i, Ooodh,,,l B. Ohl }larco Inn Up,]ate APPROVAL OF blINUTES: Ptac 'K ie Derry The Preservation Board ,oecd unanimously (5 to ()) to appro-e the mlnutea 1999 meeting. PL.&N.'NIi'qG SERXqCES DEPARTMEN-F REPORT: A. ~o ne,~' information was prcxente,l. OLD BUSEN"ES S: A. ~ Rh]~r Street: ~sed ]eaer to Mr. B~nnan Rorahy {thc property owner) ~c~crilnng tlxe t, cnefd, o{ local ldgtoric'~esignatlon. ~e P~se~ation Bo~d voted to approve lending t~,is letter t- t~r prol,r,? o~er see[lng t~elr ~uppod [0r local hl,tori,- B. N~/, Tro, ;~ G~.I~.: Thc conten,. Fleisckman) ~escri~ing (t~c ~rneflt. of Io¢~1 Boa~ vo{ed to app~ve ,ending ti,i, letter to the prop,:~y o~mer. If th, p,~armat; .... t .... not ~11 ~e ~ppe~ f~m t~e agcmla. "'.;SC. COHOS: G. Rober4s Rai~ch~ Rat Bell ..... briefed the Boa~l aho,,t a Con~e~'~a:i.. h,- ~ Barbara C~cchione and Deborah ~,*e~t,,n concemi.z the ~urd ...... [ th ~r USC a' a working' museum. Thc Countv. is continuin~ to negation ~'itl, ~',~ concc~in~ (he~p~ce of the comme~ial ~raci. It appear~ that the a~ki,,; Daic ~pped ],~;~;~.~ ~as their ~rrcr to buy.&e p~pe~y for cl..ir ,toe,.. l~eh,.'ah ~:~" 1:30 to c~ate · layout for the w,h ~ge. They ~11 aho explo~ the po,dbili~y Hi,to~c Gui& a, p~a of the w~b page. Ray I .... 1 .... l~,dope,l a draft nxi ........ tatrm,'nt web page. N~EW BUSk'N'E~ S: A. ~..4h bI.i~ment Ph. Amendment: lnfom, ation f~,,, Barbara C.,-, hi ...... { Phnnin~ b~i~ger, in~c~te~ that the V~o,e~ .me. ament, do not dca witi* I,/.',,ri,' -.,e.atio~;'~ p6maHlr conce~ the Office and Comme=ial In-fill c,.it,-,.ia that ,arenaS' to ~p~-c;¢ =' the ~blcm, .,,~iated ~th the cu~nt .~lation~. DISCUSSION OF AI)DENDA: A. John Cu~ Hou,e in Gomllan,h A ~opy of the Flo~da M~,tc,' Site Fib. ,h-pi, li,,z d,. ,.a, di,ifit,uld {o~ ~new ~n,l comment. ~,e John Cu~ H ...... in Goodl ..... I ....I,,,ih ;, ['Jl 7 ~t C~x~m~}'~n~ wa~ ~,n~llI m~vr,! to O~nd ,n the 1940~ --I,e,, t .... ,,I ..... '~. ~er by the~llier Co~or~tion. ~e ~ellins i, ~ X~! example .f An e~rl?' t .... ~al ..... ~yl,. t ......... ~e ~,o ai,cu,,,d the poui~ili~ of c~atlng an hi,ratio dj,tact tl,at ~.,,uhl in, h,,1,, ti,,. house, lt;~noted that the home o~mer* in the di,tn,'t ~ould ha,e to age",' t,, pn~. Aedgn~tion;:~ea, befo~ the County Commi~ianer, would appm,e it. [ .... I,litlm .... h.t,,, t map would ha-e to be c~ated that indicate, tho,v stmctu~, that a~ coni:'il:utin~ tn th,. natu~ and tho,e stmcture~ that ar .... ncontfihuting. 'I'bv I,o,,,,tah~, of ti,,' di,t,'i, t si ,mall .s pg~ihl, in oMer to get the g~ate,t paax,'il,ation am,,ng the prop,'r,> ,,,vn,-rs. ]t ,h,,,,l,I al,o be la~e enough to include the mo,t signlfi, ant stmsrture,. I.a,tly. ~ i,,'t"; ...... f ~11 th,' p~pe~y o~ers is an [mpoffiant step in tlctem~inlng if t~rre is enough intr,',',t irt I,r,,tc,',l-,g ~uch a pet~. B. M~~eo~! I~:.~ ~ ' ' Jack Tl, omv,on stated tLat the new d ...... ],q,rr ,,[ l[ .... it,' ] .... e~&a thdCit- Of 3Ia~o hlan,l cop;e, of a rc,i.,,l plan that i, ,,aled La, k ;, .;,,.. TI,,. ,~haeolo$ic~! ~ig h .... ntim:ed to ,Il,co*er m any aaifa, t,. N~X~ blEETING: ~~ for I:ri,la~' Ap~il lt,. 199q ~, 11:¢~1) .4..).1. B,r Restaurant. 205 Harbor Dd,e. Goo,llan,l} TO: FROM: SUBJECT: DATE: RECEIVED MEMOI:L,S~NDUM ~o4ra Sue Filson, Administrative Assistant to the Board / / Bleu Wallace, Director, Utility and Franchise Regulation Department /t~ iransmittal of Minutes - Collier County Water & Wastcwatcr Authority ~rch 22, 1999 Transmitted herewith are the approved minutes of the Collier County Water and Wastewater Authority for January 25.199g. These minutes were approved March 22. 1999 Direct any qu~ons to me at 434-5063, ~rrt$ ?~rter Misc. Cortes: Date: ~ Copies To: COI,LIER COUNTY WATER AND WASTEWATER AUTII()RITY ! Minutes of Meeting ~::i? ': Board Room, 3 Floor, Admm~stratmn Building ~!;~ 3301 E. Tamlami Trail, Naples, Flo,da 34112 ~ :~ 2:00 P.M., 31ondav, January 25, 1999 ~::~ · . An audio record of the following proceedings is on file with the Utility & I.'ranchise Regulation Department, Collier Business Plaza, Suite 210, 3050 N. ilor~eshoc Drive. Naples, Florida 34104. Phone (941) 434-5063. Assistant County Attorney Thomas C. Palmer was present to provide legal advice to Authority and Director D. E. "Bleu" \Vallacc was present to represent thc t qil~ly Regulation Dcpartmcnt. II.'?/ Call to Order (Determination of Quorum) Vice Chairman Fay R. Biles conducted the mccting and called it to or,lc, at 2:~ until Chai~an Robc~ C. Bennett a~ivcd at 2:15 I'.M. Oti~cr AUtht~T'~tv iI~ctnbc[s prc~cnt wcrc Dr. Ncno J. Spagna, Mr. George J. Scbroll, and Mr. I,owcll NI. 1 quorum. At this tired, Mr, Wallace requested an add on item be placed on thc agenda Authority Members Discussion. This item pen;tins to Florida Water Services recent incrc~e in rates. Approval of Minutes - November 23.1998 Mr. Schroll rlladc a motion to approve lhc minutes oJ'th¢ November 2 Thc motion was seconded by Mr. l.am and passed unanitnously IlL Open to Public No one from thc public wished to address thc .,\t,thor~ty. IV. Items Requiring Action by the Authority: a. 1998 Price Index - North .Marco Utility NIL Wallace briefed thc Authority on flus matter. North N1;iro~ t ;tilily applied for this price index last >car. however it has taken some time lo reconcile the 1997 annual report Additional information was finally received from North Marco to enable staffto complete thc request. Thc original apldicalion sought get a 1.28% increase in wastcwaler r:ttcs, however after staffs adjustmcnt.~, results in a .66% increase in wastcx~atcr rates, staff rccommc,ds approv:fi -f thc utilities request for the 199S price i,dcx. Mr. Schroll made a mouon to approve l'in:fi ()rdcr qq. Ol..,\ sec'omi to thc motion was made by Mr. l.am. Nlr. Wallace rcq,cstcd Ihat thc vote '~,c tabled ~mlil thc Authority Discussion item. Territorial Expansion - Orange Tree I'lililies Mr. Wallacc advised thc Aulborily thai Orange Trcc/ ltilities expand ifs service territory lo provide water to one single piece ofpropcrL~ lh~s application has been coordinated with Public Works and thc l'hmning Dep~ment, who have no objection to thc expansion. The Planning Dcparlmc,t is ~nsible for determining if this expansion is consistent xx ilh thc land development regulation, which they have. Mr. Wallace handed out a late filed exhihil received from Ms Florida Wildlife Federation. opposing thc rcqucslcd cxpansitm Mr. Wallace advised that thc only problem that staffhas with lilts that the property owner must undcrstaml that constant water press,re will maintained. The property owner has fifll understanding of Ibis ~ssuc and has to a~agrecment with Orange Tree Utilities. 12:!5 P.M. Chairman Bennett arrived and took over chairi,R ~he mrelim2.l Dr. Biles had some concern m'cr thc memo from Fd l"inn Wallace suggested that Authority scl a po icy lo address owners along thc co~idor of thc xvatcr linc Mr. Lam voiced Iris object~ons in allowing any cxp;msion x~ hich may cern, to u~fin sprawl. Mr. Palmer addressed the Authority on thc subject of thc urban boufida~. Chaimmn Bennett moved lo approved Final Ortlcr 99-02 approving thc tcrHhmal expansion of Orange Tree Utilities with the caveat that staff provide additi,n'.d info~ation am] coordination from Pul, lic Works. I'lanning arm Icg:d council set policy fi, r any fi~tt~rc requests fi~r singlc ,nil expansions, t'h:firman llcnnclt also requested in thc motion that Orange Trcc Ulilitics attcml thc next mcct~,g discuss future requests from propeay owners in thc area. Thc motioll sccOhded by Dr. Biles. Motion passed 4-1 with Mr. Lam dissenting. Dr. ~hgna commented after thc vote that even though he voted in fitvor ol tins pafllcular expanmon, he was not in favor of this 153~c ofcxpanq~on without a set policy by this Authority. Mr. Lam voted against thc molion as stated in his previous oblcctions ye,iced earlier. Authorization for Public ilearin[l - Horida Waler Service~ ('orpor:,tion Application for Expansion of Marco Shores Se~er Service ..\rea :; Mr. Wallace addressed Ibis itcm. Staff feels that a public hearing Wotlld bcsl serve this application for expansion because of the number of property owncls involved. Mr. ~chroll made a motion to authorize staffto advertise for a public n~anng m~ Florida Water Services application for expansion of sewer scr,,'ice to Isles of Capri. Molion seconded by Dr. Spagna. Motion passed unanimmssly (5-t)}. Mr. Matt Fcil of Florida Water Services answered several questions £rom thc Authority regarding this request for expansion. Mr. Fell advised that he would let staffknow exactly which groups or organizations of Isles of Capri residents wcrc contacted regarding the expansion. V. Staff Presentation - 1998 in Review Mr. Wallace presented each Authority member with a handout reflecting ibc accomplishments o1' staff and the Authority over calcmtar 5'car 1998. VI. Authority Members Discussion Add On Item Florida Water Service Rate Increase Mr. Wallace provided Authority members with a packet containing all Iht rcccnl actions taken to ensure that customers of Florida Water Services on Marco Island and Marco Shores, receive accurate and timely billing in connections wilh thc recent rate increase approved by the PSC in connection wilh thc 1995 rate case. After receiving a copy of thc order from Iht PS(', staffnotcd ti~:fl tile txx'~ m,~st significant adjustments for Collier Connty were thc two reductions in thc regulatory assessment lee in '9'/and '98. Staff concluded that those rcductmns were not reflected in the final rates that were noticed to the customers of Marco Island and Marco Shores. Staff immediately contacted Mr. 'tony Issacs with Florida Water Services and within a day staffwas able to coordinate those changes and get updated customer notices that will be sent out with Ibc upcoming bills. Mr. Wallace publicly commended Mr. lssacs of Florida \Valor Services on Iris quick turnaround in correcting this item. Mr. Issacs addressed the Authority, lie advised that only 32 customers of Marco Island and Marco Shores, who had tcmfinatcd sc~'icc between thc I January 1999, will need to have their bills adjusted to rcflcct fi~c eon'cereal ra~c. Mr. Wallace requested thc Authorily ratify thc actions taken by staff and also direct staffto come back at tile next meeting with thc corrected tarifl~ and a final order fom~alizing all thc actions taken. Mr. Schroll commended Mr. Wallace and staff fi~r catching this and potentially saving the customers a considerable amount of money. This was made into a motion by Mr. Schroll with a second by Dr. Biles. Motion passed unanimm,sly (s-0). Dr. Spagna suggested to the Chaim~an that he appoint an Authority member to meet with staffand other County Departments to compile information regarding future requests for territorial expansion for single unit properties. Chaim~an Bennett stated that it was his understanding that this is whal slaff had already platted to report to for the Authority. At this time it was noted that a vote was not taken on item IV. a. - 1998 l~ricc Index for North Marco Utility. The motion slanding passed unanimously (5-0). VII. Adjournment Dr. Spagna made a motion to adjourn at 2:50 P.M. Thc motion was seconded by Mr. Schroll and passed unanimously (5-0). "':Date: ;"' ABBREVIATED MINUTES* COLLIER COUNTY BUILDING BOARD OF ADDJUSTMENTS ANI) AI'I'i'2ALS Permit Number: April 7, 1999 Members Present: Ga~' l.laycs Kenneth W. Rodgcrs Frederick Swetland. Ill Daniel J. Buhs : Brian E. Jones Appellant and C~,'ter Representatives: Ce~ s t ~n t ~ ne Count)' herr.t Representatives: Edward I'crico Topic: To ele~i a Chairman for the Board of Adjustments and Appeals. The meeting was called to order by Mr. Pcrico. Fred Swctland nominated l)anicl lluhs for Chairman, the nomination was seconded by Kenneth Rodgers. Thc nomination xvas accepted by Mr. Buhs. There was discussion of thc duties ot'thc BA/", members. Thc meeting was adjourned at 9:30. BOARD DECISION: For: Recording Secretary: I.iz Kilburn ~ refer lo tal~ recordln~ for c.mplete procredin~ Against: Copies I0: Agenda PATHWAY ADVISORY COMMITTEE to the Collier Count>' Metropolitan Planning Organization April 23, 1999 8:00 a.m. Collier County Development Services Center Conference Room E 2800 North Horseshoe Drive Naples, FL 34104 Notice: Any person wishing to speak on any scheduled agenda Item must register prior to speaking. Unless prior perrnlsston Is secured, comments shouM be limited to flve minutes. Any person d,,,lrlng to have an item placed on the agenda shall make a request In writing with a d&xcriptlon and sstnunary of the lttm to the MPO planner charged with conducting bio'cie and pedestrlan activities at le,,~t 14 days prlor to the date of the next scheduled meeting of the PAC. Any person deciding to appeal a declslon of the Committee 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 lncludt~ the testimony and evMence upon which the appeal Is to be basetL 1. ADDENDA TO THE AGENDA 2. APPROVAL OF MINUTES 3. ANNOUNCEMENTS ~ 4. OLD BUSINESS A. Public Participation Element--County Bike/Ped Projects 5. NEW BUSINESS A. Walk Florida Road Show--Presentation of Consensus Resolutions B. Maintenance of Traffic--Requesting that FDOT Accommodate Bike/Peal Trawlers Through Construction Areas 6. CORRESPONDENCE p. 2 7. LITERATURE Misc. Cortes: 8. ENGINEERING LITERATURE - ," L Data: ~ · ~ Copies To: p. 5 p. 6 p. 9 p. 14 p.27 p.39 DATE: TIME: PLACE: MINUTES PATIlWAY ADVISORY COMMIWFEE to the COLU£R COUSTY MPO February 26. 1999 $:00 a.m. Conference Room E Development Services Bldg. 2800 N Horsesho~ Drive Naples, Florida 34104 PAC MEMBERS Arnold DeHart X Morton Friedman, Ph.D. X Christopher Hagan X Ruth Hubing X Arnold Kenly, .Ir. X Theodore P. Litwin X Ed Kant FDOT no~e MPO STAFF Jeremy D. Battis John Bussiere ~Peraonnel {lOBe Members of the Public Elsie Picketing, east Naples CALLED TO ORDER: 8:05 a.m. PRESIDING: Chris Hagan, Chairman 1. ADDENDA '~O THE AGENDA l~one 2. APPROVAL OF MINUTES Minutes approv6cl unanimously. 3. ANNOUNCEMENTS Battis explained the upcoming Walk Florida pedestrian safety road show and encouraged PAC members to attend in lieu ora March meeting. Battlg shared that the MPO had signed a letter of intent to construct the forthcoming consultant recommendation for the retrofit study of Airport Road. The contract, not yet finalized, is expected to have a university design team propose a way to fit a bike path along Airport Rd from Pine Ridge to Enterprise Avenue and the Naples Airport Authority greenway project. Battis detailed an effort by the Florida Bicycle Association to have the state legislature approve a "Share the Road" specialty license plate. The revenue generated would go toward traffic safety education and prevention. Introduction of New PAC Member~ Battis introduced Ruth Hubing and Morton Friedman. Ms. ttubing and Dr. Friedman shared their histories and interests in bicycle and pedestrian activities. 5. OLD BUSINESS A. Consideration of ~ Metro olitan Bi_ -.cie Rout~ Battis explained that he had taken the concept out to the communities at civic presentations and park kiosks and the reception had been positive. Various proposals were discussed regarding the benefit of a route system and what sort of enhancements (shelters, water fountains, maps) could be incorporated with the system. There was some agreement that a tiered system of route signs was needed to minimize the visual impact in residential neighborhoods. Ed Kant, County Transportation Director. offered that liability and maintenance issues remained primary concerns. Procurement of route signs is not an allowable use of 402 Safety funds, Battis learned. 6. NEW BUSINESS A. Public pa~t---Coun-- Bike/P~ Pro'ects There was a good deal of conceptual-level discussion on the need for notifying property owners of pending construction. There was some uncertainty as to the optimal method for initiating contact and who should confer with residents. The item was tabled for further discussion at the April meeting. 6. CORRESPONDENCE noted 7. LITERATURE noted 8. ENGINEERING LITERATURE noted 7. ADJOURN Meeting adjourned at 9:30 a.m. Prepared by: Jeremy D. Bartis, MPO Bicycle and Pedestrian Coordinator Reviewed by: ~in$ Manager ______ . .p EXECUTIVE SUMMARY County Bike/Ped Projects Public Participation Element Objective: To continue discussion of the appropriate channels for notification of and input by residents who will be sec'ed and impacted by County. pathway projects. Considerations: This item is a continuation of the Fcbruar? 26 meeung. Members at that meeting expressed an interest in conducting outreach activities to neighborhoods selected by the PAC for sidewalk construction. It remains undecided it'this should be a PAC function or a County. function or a combination of the two. It'll is advised that a public involvement component ~' should be undertaken by County staff, identifying the preferred office is '~, -.'~?L another task. The need for increased public notificanon and pamcipation became evident tn the 1997 funding cycle with a project scheduled for Sixth Street N in Naples Park. Last sununer a vocal group of residents opposing the sidewalk were able to enlist their neighbors in a petition drive to quash the project. The signatures gathered were largely for feat of the unknown and many residents were actually undecided and in need of more information. The Blke/Ped Program mounted a defensive campaign to educate the residents and shore up support for the project. A public workshop, media coverage and extended comment period all combined to save the project. This worthwhile effort was still perceived by many resident~ to be too little too late. A preemptive campaign might have enlisted greater goodwill from the public while taxing fewer Program resources. With 1998 projects scheduled to let and u,.~th the 1999 cycle approaching, now is an opportune time to explore options available. Staff Recommendation: That the PAC indicate a preferred public involvement mechanism for shepherding selected bike~ped construction project. Prepar ate: ~ Reviewed by: ~ _- - _ . .-' ~ - . Date: Gavi~ Jones, P.E., '~;~-ansportation Planning Ma~ger MeetinR Notes Motion: Made by: Second by: Vote: .&pHI ~3, 19~9 Item 4.A. EXECUTIVE SUMMARY Walk Florida Naples Key Recommendations ObJe~ive: T~ with the PAC Fmding~ and recommendatiom from the IYalk Florida ~. ~ podcslxian safety road show. Co~kiel'~tto~."~galk Florida convened over 30 r~pre~ntatives from law enforcement, g0v~'nment, community groups and comulting fu'rnz with the State Pedestrian Safety Coordinator. A half-day of brainstorming discussions and recommendationz resulted. Thc key findin~ ar~ detailed below. Key Walk Flortda Recommendations · Budget"~bl¢ thc current County commitment to $500.000 per year. Existing b~:~og of critical projcctz estimated to be ten ycm. Currcmly there is n~ty to adequately address historic deficiencies while meeling the needs'"~f'growth, new development and schools. · DraR a & Mazter Plan with input by thc public-- Beside~ concurren~'y benefits, an updated plan can reinforce and reference new language within the Land Development Code (LDC) and Growth Managemellt~ Plan (GMP). To cmurc implcmcn..t~on Mazter .Plan should be writl~s~ that proposals and milestones arc linked to fundtng sm. · Greater ~ve toward cxistlng policy---Stricter adherence to the LDC and GMP. C~'th¢ routine granting of waivers by the Planning Commi~ion. More atte~l'~ to the design of and increazed budgeting for the inclusion of sidewa~ and bike lanes within new and recon.~ructed local govemme~ roadz. · Enforcement--Increased resources ~o law enforcement and code enforcement to control parking and traffic violation. More personnel to ~ and control proper con.m'uction and maimcnancc of sidewalks and Staff Reenmm~ldaflon: Tha~ the PA¢ enclor~ thc Walk Florida r~commendafiom for forwna'din$ to the Citizem Advisory Commit'tee and MPO Pr.p.l~d b~~~,?~~"t~ ~ ' ~.., Tra~rtation Planning Mn.,ager Meeting Notes iSo°ati°n: de by: nd by: Item Walk Florida Brainstorming Sulgestions Bicycle nad Pedestrian Master Plan A revised Master Plan should ensure effective and meaningful compliance with the LDC and GMP. Also dra~ the document so that the Bike+Peal Proof'am goals are accompanied by the necessary, funding. Funding and priorities must be aligned with the Program goals to ensure optimal implementation. Residential local streets--Produce a consistent (single) standard for sidewalk and bike path requirements. Collector streets--Produce adaptable standards. Too large ora gap exists between local streets ~nd highways. Bridge the gap between policies that are "guidelines" but which should probably be mandates (e.g. codes, regulations and other requirements. Consider establishment ora non-profit corporation able to collect (tax-deductible) funo~ that can be ~rgeted to "linking" projects (countywide and site specific). T~e corporation could act to coordinate projects between the county, city. and public Include provisions for all communities and consider how to link them. Link pathway issues with comprehensive plan issues under an environmental umbrella. Establish connective environmental corridors with natural habitat and wildlife benefits that include pathways. The incentive to the developer would through open space credits. Enforcement and Policy Re~olve Developments should be required to build sidewalks within fight-of-way fronting all homes Future sidewalks should have an appealing buffer zone separating the roadway Commercial Properties should be required to provide links connecting existing businesses Increase in police patrol for crosswalk violations, especially in school zones Increase speed enforcement Install "No Turn on Red when Pedes~an in Crosswalk" signs at major intersections Use citizen cou~esy notices and citizen patrols to modify motorist parking habits 16H1-'q Walk Florida Pnrticipant Thoughts on benefits and attributes of Walk~ble Communities bike~pcd safco/ crosswalks education at schools links within communities designated bike paths/lanes good street/landscape design education flu'oug~ code enforcement alleyways school safety better sidewalks better zoning/planning public involvement--clubs/groups create human envitoru'nents sense of security political will beautification and signage create a sense of community safe speed limits landscaping public transportation disabled accessibility raise public awareness established policies connectivity si~u.s/mutes links to parks :;~: speed bumps and safety ~raffic calming human scale infrastructure bike trails connected communities urban greenways EXECUTIVE SUMMARY Maintenance of Traffic {MOT'} for Non-motorized Transportation through (Re)construction of State Roads Objective: To secure an endorsement for a resolution requesting that the Florida Transportation Department (FDOT) ensure sate and convenient passage for non-motorized travelers through (re)construction areas. Considerations: A Maintenance of Traffic study is a routine element wsthin cons~uction projects to ensure a coordinated and safe flow of traffic through the construction zone. Included in an MOT are the addition of temporary signs, reconfiguration of signals and travel lanes and examination of the need for detours. At present MOT studies axe conducted only for motor vehicle traffic with incidental a, ention g~ven to maintaining travel routes for bikes and peds. The FDOT has policies in place to ensure that bicyclists and pedes~ans are able to traverse roadways during the (re)consn'uction phase, particularly in locations where has been an existing pathway. The current reconstruction of US 41--Tamiami Trail E--lacked a coordinated plan to ensure that bicyclists and pedestrians could get through this highly trafficked and important co~dor across the Gordon River Bridge and into the City of Naples. l'he attached FDOT language, tal~n from the FDOT Plans Prc-paration Manual state~ "(W)hen pedes'a'ians and/or bicyclists are accommodated on thc existing facility.., provisions must be included in the TCP to accommodate them during construction." Further, it states that "Peclesl~an accommodations through the work zone must accommodate the disabled." Attached is a letter outlining suggested MPO recommendations to the FDOT. Staff Recommendation: That the PAC endorse a resolution reque~ing that the FDOT follow existing policie~ and aLso institute a practice in Collier Cotmty of conduct~g MOT studies for hen-motorized travel as standard practice within state (re)construction project. Prepared b~Date: AgIjL_L3._.9.9.9.9~_ RevlenVed bf: Date: Gavin Jo~es, P.E.. Tr~portation Planning Manag~ MeetinR Notes Mntion: Made by: Second by: Vote: PAC Age~ April 2.1, 1999 Item NAPLES (COLLIER COUNTY) METROPOLITAN PLANNING ORGANIZATION DEVELOPMENT SERVICES CENTER 2800 No~n HorseshOe Drive NapleS. ~ 34104 Suncom 723-8300 Fax (9411 643-6~68 BOARD OF COUNTY COMMISSIONERS NAPLES CITY COUNCIL FLORIDA DEPARTMENT OF TRANSPORTATION April 5, 1999 ,'vis. Deborah ttunt FDOT District ()ne Director or'Planning & Programming fl01 N. Broadway PO Box 1249 Bm-tow. FL 33831 Dear Ms. Hunt: We appreciate the efforts that your public relations staff'have made to address our many concerns and queries regarding non-motorized transportation provisions during the reconstruction of US 41. Tamiami Trail East. As you may know from our previous correspondence, the US 41 project and the lack ora coordinated effort there among contractors to provide for continuous and safe passage for bicyclists and pedestrians, has been an ongoing concern. In speaking with State Safety. Office staff in Tallahassee we have learned that the FDOT has adopted provisions to ensure the safe mobility for bicyclists and pedestrians in construction areas. The FDOT Plans Preparation Manual, states "(FY)hen pedestrians and/or bicyclists are accommodated on the existing facility...provistons must be included in the TCP to accommodate them during construction." Further, it states that "Pedestrian accommodations through the work zone must accommodate the disabled" I a~tt enclosing the referenced FDOT document and ask that you provide it to your project manages and that they explain the significance of the provisions when directing work procedures to consultants. In future road projects within Collier County we request that the FDOT follow existing policies and also institute a practice of conducting Maintenance of Traffic studies for non-motorized travel . ,,i)~s standard prance. We recognize that these requests may result in marginally higher construction costs Sincerely, Timothy J. Constantine CC: Norm Feder, FDOT District One Robert Fernandez, County Administrator Gavin Jones, Transportation Planning Manager Theo Petfitsch, State Bicycle/Pedestrian Coordinator 0T SAFETY 0FFZCE; To¢~c e625-000-005 Plans Pm__/3aratfon Ma~uat. Volume 850 488 3546 ; ',~a~'.~2.99 '2:49PM; Januar~ 1998 Rewse~3 7t98 10.14.2 'ntersecflng Road Signing and Signals " Signing for the control of traffic entenng and leaving work zones by way of intersecting highways, roads and streets shall be adequate to make drivers aware of work zone conditions. Under no condition will intersecting leg s~gnmg De less than a "Road Work Ahead" sign for approaching vehicles and an "End Construction" mgn for departure vehicles. The designer should remember to include these s~gns ~n the ~st~mated Quant~t,~, for Construction warning signs. Existing traffic signal operations that require modification in order to carry out work zone traffic control shall be as approved by the Distnct Traffic Operations Eng,neer (DTOE) If lane shes occur, signal heads may have to be adjusted to maintain proper pos~t~on The DTOE shou~ atso determine lhe need for temporary loops for traffic a :'.uated s,gnals The TCP should include all necessary signal adjustments. 10.14.3 Sight Distance To Delineation Devices Merging (lane closure) tapers should be obvious tO drivers. Jf restricted s~ght clistance ~s a problem (e.g., a sharp vertical or honzontal curve approaching Ihe closed lane), tl~e ~aper should begin well in advance of the view obstruction. The beginning of tapers should not be hidden behind curves. 10.14.4 Pedestrians and Bicyclists The des~3ner should always discuss the project with the Dis~ict Pedestr, an/Bicycle Coordinator to insure that adequate accommodations are made through the work zone for pedestrians and bicyclists. The designer needs to remember that when pedestrians and/or bicyclists ere accommodated on the existing facility (mainline or side street), prowslons · must be included in the TCP to accommodate them dudng construction. Peclestr~an ~.ccommodations through the work zone must include provisions for the disabled 10.14.5 Superelevaflon Horizontal curves constructed in conjunction w~th temporary work zone d~vers~ons, transitions, and crossovers should have the required superelevation. Under condd~ons where superelevation ~s not used, the mm~mum tad, that can be appliec~ are listed ,n the · Table 10,14.2. Superelevation must be included w~th the design whenever the r'n~n~mum radii cannot be achieved. Zone Traffic Control ~0-20 /g CORRESPONDENCE DATE: TO: FROM: RE: MEMORA March 12. i 999 Jeremy Banis James D. Carter. Ph.D. Corrunissioner. District 2 Pedestrian Safety. Road Show I regret that ! will be unable to attend the Pedestrian Safety. Road Show on April 1. 1900. As you and I have discussed, there is a great need for the improvement to the pathway system in the Naples Park area. A sidewalk is needed on 8~' Street and there has been interest shown in making this street one-way in order to calm traffic and improve pedestrian movement. I do recognize that there are improvements underway that will help, such as the installation of a sidewalk on 6"' Street. Still. I believe there are many improvements that can be made to help protect pedestrians in Naples Park. The residents of Naples Park have expressed a great deal of concern about the way in which the widening of US 41 will impact their streets. There is concern that drivers trying to avoid the road work will begin using the side streets for detour of the construction and therefore increase the danger to pedestrians. I have relayed these fears to our Public Works Division and requested that they investigate ways to mitigate. I would like you to pass along my thoughts to Ms. Joy Riddell. State Pedestrian Coordinator for FDOT~when you meet with her on March 31, 1999. Thank you for your help and should you have an.,,' questions please feel free to contact me. JDC:tlm cc: Gavin Jones, MPO Transportation Planning Manager Memorandum To: Cc: Thru: From: The Hon. James D. Carter, Ph D.,Commissioner, District 2 Bob Fernandez, County Administrator Vince Cautero, CDES Administrator Ed Ilshchner, Public Works Administrator Ed Kant, Transportation Services Dtrector Bob Mulhere, Planning Services Director Gavin Jones, Transportation Planning Manager Jeremy D. Battis, Bicycle and Pedestrian Coordinator Eighth Street N Sidewalk Thank you for your correspondent,.8 asking that you be apprised of thc priority-setting process to facilitate your input into this year's construction of sidewalks from County funds. Currently the County budgets $250,000 in funds for annual sidewalk and bike path construction. Due to calls for sidewalks of greater scope (the Sixth Street N sidewalk came in at a cost of just under $100,000) we are currently facing a deficit and a two-year backlog of projects. MPO staff, with the concurrence of the Pathway Advisory Cornmitte~, is calling for annual spending to be doubled this year to $500,000. This amount would allow us to continue to address large projects, would elimi- nate our project backlog and would allow us to add to the projects eligible for funding as outlined by the Comprehensive Bike~ed Plan. Without a budget increase, M:PO and Transportation staff have concurred that this year a sidewalk project list should not be formulated in order to expedite construction of projects currently backlogged A number of new requests have come across my desk in the past year ow- ing to urban growth and new school construction, for which we do not haw adequate finds. A budget increas~ would allow us to address these needs without further delaying requests by older neighborhoods which have been waiting for new facilities for some time. Finally, it is hoped that a bh'dget incxeas~ will allow us to establish a maintenance fund to provide upkeep on existing pathways. I appreciate your interest in the Bicycle + Pedestrian Program and will pre- sent your concerns at the ff/all~ Florida event which will go over these sues in greater detail. And of course, you are always welcome to attend meetings of thc Pathway Advisory Committee. 2~4 N ~ DIlw TM: t41,4~3.24~3 NIiplesMPO~compuse~ve. corn Faz: t41 The University of North Carolina I"IIGI4W,~¥ $A1~£'1'¥ R£$£,,~.CH April 7. 1999 Jeremy Batt:s 2800 N Horseshoe Drive Naples. FL 34104 Dear Mr. Battis: Thank you for your help in putting together this publication documenting National Walk Our Children to School Day. The information provided by you and others who coordinated walks was invaluable. We hope the publication wdl be a resource for others who want to get ideas about how to plan similar walking programs in their communities. Included with this document is a flyer containing details about next vear's National Walk Our Children to School Day. Thank you for being a leader in Ibis important issue. ~PR ~ ~999 Sincerely. Emily Smith Communications Specialist '30 A~ .rpo~ Road, Campu~ Bo,, 3430 ® Cha~,H Hd[. NC .'73')'~.34.50 · Phone: 4lq ':62.2.2'02 1 7. 1999 n documenting National led by you and others cation will be a n similar walking ~out next year's : ~mg a leader in [his cerely. ily Smith :nmunications Specialist . , .. , o82.8710 I,) oe,....0. * F~: al'~ Chtlclren ~n Goshen. I~o~ana. ~ere ~auqnt t~,e ~mDortance o! walking ,n grouos The mayor ancl Ix)lice off'K:ers accomlaameo the walkers 14 HunOrtR3S of T-snarls were g~ven lo walkers in Naples. Floncla In C than wail< British ( Ontario. cropped llalifax. .~, memb even Canadta, Toronto than 14.. J~cky Kc Sa~e Ro~ ~aw it people pro~t~xe~ rair,~l $3 away lo rathe. A m( One ofT, Whitney, kids S(R $ decided t, after that entire ~ch. · 'We origi the childl~ walkin~o that down ,~omethhl~r never faib motivate c ~ a t'ree r lunch." Tcncher R The cities and schools that made it happen Oakland 20.000 Walkers Schools: The Oakland Undied Sch(x~ Oistnct [41 e~ementary scfxx~s); CoorOinator: Oaldand PeOestnan .Safety Prolecl ~ See ~ge 9. Om, dlle ~ Walk~'~ ,~: Bin:l Street, Wyandotte Avenue. Oakdale Heights Elementaw Coo~nator: Butte Coun~ Dept. ot Public Health W Police, hre. and EMS ~er~onnel taught k,3s aoout satety. ARKANSAS Conway 210 Walkers Elle~ Sm~. Julia Lee Moore. Ida Bums Elementary Coc~nat~ Juruo~ Auxd~ary W Two mayoral ~tes vok,.nteered as crosang guan3s at ~ same ~ imersec"~. ARIZONA ~ 16 Walkem Scr~:)o~: Thomas l:lementary Coorc~malor:. Coc~no County Dept. of PuUic Hear~ · ',. Whde ,.-alldng ~ k,ds to school, the ma~ not, ced that a tx.~sy intersectx)n lac~:l a crosswalk and crossing guard. Ois(:tna(ms to remedy m~s have I~un. . T'he r~,y~ o~::ia~y ~ the day 'Walk Our Ch~'~n ¢,J~,J FOI~NL~ '" I:~~ 100 Walke~ Schools: Forest Grove. Robert Dow~ Elementar'f Coon:linators: Pad< Grov~ City Co~nolman w Feeo~ from mis event ~s being core, led ~nto a reoort I0 be ~esented to c~ty offioats. San 0kn~ 400 Walker~ ~: AI~ Avenue Elementary ~lo~: Sdx~ Healm and Satet'/Ct'~mers(~ -~' The event s~r~ed or.als to cons~r mak~ ever~ ThursOay "Walk or Carpoo~ to School Day'. COLORADO Bould~ 790 Walk~'l Eisentx~wer. Foomdl. Whlffie~. Mesa. Ala,fa Elementary. Jarrow Mc~ossea. Mona~ 'k See page 4. FLORIDA Eagle Pomta Elernentar~ ~nat~. Commur~it'/Health Educati<m ems won & gym ~ United States Department of the NATIONAL P.~q.,K SERVICE Southeast Regional Office Atlanta Federal Center 1924 Building 100 Alabama St., S.W. Atlanta, Georgia 30303 Interior March 30. 1999 Dear Community Leader: The National Park Service, Rivers, Trails & Conservation Assistance Program (RTCA) would like to anno~tnce the opening of the new National Park Service, RTCA, Florida. Field Office, located m Palmetto, Florida. Please see the enclosed press release. The office is located al 323 I00' Avenue West. Suite 301. Palmetto, Florida 34221. The office phone number is 941 - "/23-9831 and the facsimile number ~s 941 .'/21 - 0509. The new Florida Field ONce has been established to better serve local communities around the state m developing and implementing recreational trail and conservation projects Several Florida projects already receiving teclmical assistance fi.om the National Plrk Service, RTCA Program include the City of Tiptops Greenways Project; the City of Miami Beach Indinn Creek Greenway Project; the Wckiva Wild & Scenic River Study and the Oulf Coast Heritage Trail Program for Manatee and Sacasota Counties The National Park Service, Rivers, Trails & Conservation Assistaa',ce Program, Florida Field Office can assist local greenway trail and resource conservation planning efforts in many ways. RTCA can help to develop community involvement through public workshops; design and cagry out a successful planning laroce~; guide the prep~'~tion of project plans and other documents (marketing pieces, etc.} and can share inforrrmioa on funding sources. RTCA staffcan provide various levels of assistance from a one-time consultation to project a.t, sistance for up to t~ yeats. If you we interested in requesting assistaclce or know oar local community groups requiring assistance fi.om the P, TCA Program please submit a letter of request from the project sponsor and send to the Florida Field Office, by June 30, 1999. Please see enclosed RTCA Fn.ct Sheet for letter proposal format National Park S¢'t~ce progrzm staffwill evaluate all lelters of requests and select projects by early fall. 1999. I look for~v~'d to woddng with you on community based recreational ~:d trail projects throughout Florida, whereby enhanc~g the quality of life for our citizens and en$i.ufng the pre~rvation of the natural and historical resootcea of this great state. Sincerely yours, Outdoor Recreation Planner National Pack Service, Rivers, Trails & Conservation Assistance Progr~t, Florida Field Office ~,PR ~ 5 1999 NEWS RELEASE U.S. DEPARTMENT OF THE INTERIOR NATIONAL PARK SERVICE SOUTHEAST RgGION FOK IMMedIATE ~'LEASE hn. 2~, 1999 Chris Abbot 404..562-3175 PAEX SERVICE WILL OPEN FLORIDA OFFICE TO ASSIST LOCAL CO'N'SE~VATIOH PROJECTS Thc Nafor~i Park Sc~c~ is op~-~ir~ · field o~ on FloddFs ~lfCo~t to usi~ ~ ~e, 1~ Bare--eau ~ ~er o~o~ ~ pt~ ~or d~loping ~n~y~ ~n8 ~d bi~n~ ~ ~ oth~ ~atlon proje~s. "We are e. xtm'nely a~v¢ in supporting conu'nunJty4atsed conse4'v·6on ~ction in Florida, and having a fulL. time o~ce in the state will help us provide better service to our partners in these IocaJ proje~s," raid Jerry Belsort. the Park Scrdce's southeast regional director. Under the ILTCA progrtm, thc Park Scrvicc usisu communLtie, s in idcmifying resources, planning ~ and D'eenways, developing runc~ng s~'.r~te~ics and enhancing awareness of both nat. uraJ and recte~otml sites d~'v~g ofpro~eczJon and public access Panic S~'vice officials hdp local pa, rmers org~Jze wodabops, prepare project visions tad plan for lens-te, mI protection o£specid locaJ resources. Some of the Florid~ projects ah'e~dy under way include the Gulf Cout H~tatle Trail, wisich links envitoamemal, cultural u~d historical poim~ of i~,4t in · n~twork of SC·hie roedwayI, bike ~ It·sure trnili ~ water ~ · ~nwty End trI.UI plan for the Ciq, of Tampa, the IndLtn Creek Oreenway at t~,Tami Beac~ and · Florida Keys Htxita~e Trail. kdp. ~e p~c,a& ~ ca~ help · A. ist Community %%ions and Oz~anization,d Dnelopm~t - ~e iim to em~ communitin to l~i~ ~eir o~ co~ e~l for n~ colorlon ~o~ to m~ ~e ~ny d~e~nt p~i~q and commum~ · Help DefiO ~d C~ ~t a ~ann~ ~se ' ~ome pro~ ;~f. Our ~ff ~i~t. ~e i~Uficatiofl o{ feu~le Gui~ ~afi~ of ~ Hah, ~d Other l~m~. ~efib o{ ~r~( ~ ~e NPS b ~t. ~n~ion yo..~ ~o~ and cltizcn ~ ~mnc~ ~.ti. ~i~ of communi~ ~n National Park Service Wallam 8rittain I~es, Trails & C0nsenalion Assistance Program A/Jam Fade,al Center 1924 Building I00 Ab/l~m Str~, SW. Atlanta, Georgia 30303 phxt:. (404)$62.3.175'.jpi (404).~2.3246 continued.,. what the. Pro,.ram can do for your c~mmmmummmey how to request asmlstance from The Rivers, Trails And Conservation Assistance Program ~. and m~,t ~ admm nmrmtioz~ u~u. B~t d~, NPS go~ m~ ~ ~ ~ (RTCA), th~ NP$ ~o 6d~ c~fiz, m. ATTENTION: Bicycle Clubs, BPACs, c'rSTs, and Bike/Ped Coordinators BIKE Please! The Bike Florida Share The Roid Bio/de and Pedestrian Safe~ Campaign needs Four help md participation. The enclosed b~chures need wide dismbution to bic~ch: shops, heakh dubs, doctor offices, commu~ty cemers, etc. The logo sheets s~c to be used in your newsletters, spcc~ ~ent flyers 2nd brochures, ~nd ~ny othe~ publications thit 2ze willing to s'upport our efforts md provide space. Endosures: 1.) New Share The Road table tent brochures 2.) Share The Road logo sheets 3.) Kev talking points for support of HB-601 & SB-280 Please mak, every effort and encourage your group/membm's to write thei~ leg/slamrs in s~port of the Slza~e The Road Slx'~ialty ~ plate bil~. The House Bill is HB-601 The Semite Bffl is SB-280 For a complete listing of the 120 House members and 40 Se~ate members please check the Oulinc Sunshine website at:. ~ or c2]1 the Let~dwe switchboard at: 850-488-4371 or for Flotids residents toIl ~ 1-.1~0-342-1~'7 Suppor~ng the bilh is cruchl to funding the efforts of Bike Floz~cl~ for bicycle pedest~n s~fety education pmgrzms md the Florlds Bicycle Association for helping to c~e~te more bicTde ~e~dly communities through workshops ~nd seminars. Ulx~tel HB-601 passed the House Transportation CommiRee on Ma,'ch 2, 1999 SB-280 passed the Senate Transportadou Committee on March 17, 1999 You, HemT lawrence, Project Director Bilr~ Flofids/Shsre The Road Campaign 8 Bro~d~ay K. issi~ee, Fl. ]4741-5701 (407) 943-7933 1408 N.W. 6th Street · Galnesvtlle. florida 32~. (352) 955-2170 · Fax (352) 373-8879 Key TaJlals~ Po~ts for Shaxe The Road specialty licamse phte Be sate to rei'e~ence the approp~te bill House Bill H]3-601 md Senate · Florida is #1 for bicycle md pedestzim £aulides a.nd injuries in the radon. In 1997, accordi-g to sta~tics flora DHSM'V, 114 bi~clists md 535 pcdestriam were k~led on Flodda's roads. AdditionaLly, 5,717 bicTclists ~d 7,794 pcdes-'hns were injured in reporteci cruhes. · Thc S'~xc The Road license plate ~ remind, motorist~, bicTdisu, and pcd~u:ia~ to sxf~ md courteously Share The Road. This ca~ oal~ help with the increasi~ problems we axe ha'ring in Florida with Road R.~ge, which endanger~ ~1 rozd usex~ as well as law enforcement offices. As a bonus, Shax~ The Road bicTde ta~ with sdck oa let'tm and numbers ~howi~g thc paxeut~ tag numb, rs w91 help law eaforcemeat identify lost or injured cbaldrm. The Share the Ro~l tag ~ provide fi.mding for workshops md seminm to help commumdes lea. m how to become move bicTde md pede~t:/aa fi:iendlT. motorist axe unaw~e of the leg~ rights of pede~tmns and bijou on ~e roa~y. ~7 p~s md bijou ~ aot ~ow ~ ~u ~d dud~ d~m ~ ~ pro'de ~g for m ou~g moto~ bi~t md p~ ~~ ~o~dou ~~ * The Shaxe The Road tag is the ouly traaspomtioa specific rp¢ciahy tag to ~¢ ~ m educadorml message about safe use of the public ~oadvays. Ail of us, at ot~¢ dine ot ~othez, axe ped~ md most o£us have riddeu a bicTd~ at ~me time ha o= lives for trmspottadoa ot recreation ~o S~e ~a,xthag of our roadways h panmotmt to making our commuaid~ md neighborhoods mote p~pl¢-~ienay ~d livable. ' I-Iow"will the moat',/ra.~ed Fxom the ta~ be spcmO · Admi~trative cost to Governor's Counc~ on Ph~ical Fimess md Sports for continued maxke~g of the tag · 50% ofuet proceeds w~! be used by Bike Florida to support bicF, dists, motorists, and pede~tma safer7 education programs. · 50% of net proceeds un]l be used b~' the Florida Bic)-de Association to conduct workshop~ and seminan for making commun.ide~ more bio?de and pedestrim fi:ienc~. LITERATURE Editor. Naples Daily News: No matter what the season may be. while the tourists are here or not. I have noticed that drivers in cars. trucks and even tour trolleys, neglect to obey the rules of'the road Cot speed limits and informational road signs. It int'uriates me to see someone pull up to a stop sign and roll through it as though 'stop" in bi~, white letters on a red back-. ~round means informally that you may just yield instead or'coming to a complete stop! That may be the way it's done up North but this is Florida where it's done diiTetent- ly. In Florida, stop signs mean stop to any- thing on wheels~ Including those wannabe marathon cyclists in their cute little get-ups of many colors and contour racing helmets who fe~l they ate the exeeptdon on their bi- cTcles. Well. guess what? You're not! You have co stop at stop signs too! I~'you get hit by someone whose vehicle we!gll~ mole than you and your bicycle combined, due to your neglect to obey a stop sign, you're at fault with no recourse! And no one, should feel one bit sorry for you. You may be a nice ~.~ but you either can't read or just choose not to obey signs. ~o be iL lm~ NmMdfl/Naole$ Eight Wheel Activism " '7;~C .it' ' ' 7Urql~ Transportation Were Problem in Bay Area 16Hl ,,I ASPHALT NA'nON How the Automobile Took Over America and How We Can Take It Back ~ lane Hol= Kay University of California Press 418pp.,$16.95 The "eternal need for a ton of steal creates the shop-and-chop cycle that runs us ragged." writes Jane Holtz Kay in her cry de ax, ur about the auto age. "To-lng and rio-Lng, we slx-nd our time and our horsepo~r on an endless round of errands. And w~ don't much like it. 'I Rapids, Iowa, said to me. 'I need to usa my cat to buy a bat of soap:' Asphalt Nation is a 400-page rant against the automobile. Luckily. for the reader, Kay rants in terrific prose and with a delightful display of telling quotes, swooping from Fa'rna Bombeck to Lewis Mumford to song titles of the 1920s. She lines~ time. beauty (Kay is The Na. tion's architecture ~tic)] and health. Next comes a mlllcking mini-history, peppered with such fascinating t~d. bits as the facts that Clara Bow drove a red Kissel because it matched her hair and that the Harvard Alumni Bulletin once worried that "the mo- tor car reduces idleness and is a dis- tracting and unsettling influence." Finally, Kay briefly reviews the solu- tions: denser zoning, transit-based development, redevelopment of line and other taxes. Asphalt Nation is a surv~ rather than a new contribution. Those who w~nt the latest thinking on so- lutions should try, Car Trouble by Steve Nadis and James MacKinzi~ (World R~ource~ hxstimte), and for a truly fresh look at the role of the automobile in our culture, there is K.T. Berger's Where the Road and the ~ Co///de (Henry Holt unfor- tunately out of print). But with writing like Kw/'s--~d with won- derful photographs sprinkled liber- ally through the text--who wouldn't go ~ong for the ddd Litter of the Day Page 1 of 2 Nagles I 6onsta I ~aL'~ I F]Hrlda I S;)orts I Business I ReeLEstate I Neag~o~itan I Religion I Homes Opinion. Letter of the Day Thursday, Marth 4, 1999 Dally News Behind you all the way Editor, Naples Daily News: I am a biker, walker, runner. HOwever, not all at the same time. Bikers, please announce your arrival from behind with a bell or horn. If You don't have one, a simple "on your left" will do. Call out the number of bikes in your party - two, three, whatever. Walkers/runners. please acknowledge you got the message by raising your left hand high, so the bikers can see, and stay to the fight on the path. Bikers to bikers, the same rules could apply. Those of you with earphones, please: Safety first. Be aware of your surroundings during this busy season. Let's all be considerate; there's room for everyone. - Karen Cossette./North Naples http'./lwww.napl~snews.com/today/editorial/d228064a, htm 314/99 Letter of the Day 16HT ?i ~1~ I ~ I ~ I El~de I SI~ I ~d~e~s I Ee~LF~ta~e I Neeg~ltmn I ~ellglgn I Hom~-s Opinion Letter of the Day Tuesday, Mar~h 16, 19~ Editor, Naples Daily News: The pedestrians and bike riders who know the patron saint of intersections have an advantage over the rest of us who would venture across the land of the blinking hand. Consider the intersections of Goodlene-Frank Road and Vanderbilt Beach Road, and Vanderbilt Beach Road and U.S. 41. If you dare to cross either of these intersections, please have your When you push the button and the pedestrian icon shows up on the sign, you take the chance to cross - only to have that ominous blinking hand appear about one-third of the way across. You now have no choice but to keep going or become part of the pavement compliments of somebody engrossed in a cell-phone conversation. May I suggest to the person or persons who design these diabolical traps, that a red and yellow light be displayed for 20 seconds or so. This would sure make it safer, plus it would greatly reduce the workload of said patron saint. ,~ F~back http'.llwww.naplesnews.com/todaylcc~torial/d227656a, hun 3118/99 Letter of the Day: Sidewalk supervisor Page i of 2 .. m .com ] Homes Opinion Letter of the Day: Sidewalk supervisor Sundsy, Msrch 21, 1999 Dsi~ News Editor. Naples Daily News: During the Nuveen tennis tournament I met an interesting character. New Yorker Rip Rosenstock. As we were ~ating hot dogs, Rip said, "No one in Brooklyn would eat this type wiener." ' Rip is the first Brooklynite I ever met in Naples. Some of his comments: "I came here five years ago via Miami Beach. Many of us 'left- wingers' went there tim. Little New York. you know. But too much crime over there now. ? "I find the battle between the leffies and righfies in the NDN letters extremely fascinating. Here the fighfies are winning. In The Miami Herald, the leffies are ahead. "One thing I can't understand here is the complaining about the 'bolds.' All Neapolitans were snowboids once. Anyway, boids are not the problem. "I was a good tennis player. I played with Mayor Dinkins occasionally. Now my knees ate bone-on-bone so I walk the sidewalks of Naples and Collier County. Braces keep my knees fi'om hurting. "Dung my two-hour daily walk I pass very few people on the sidewalks. As I said, people are not the problem - it's the cars. We have too many ca~. The streets are gridlocked and the sidewalks are ~-.//wwwamplesnews.co m/today/editorial/eubuddy.htm hclgillil tlllJ'! I~lllill 3/~2./99 r Letter of the Day: Sidewalk supervisor emp .ry. "Leave the car at home and walk. Try it: you'll love --Buddy Eubank/Naples Feedback Comments? Questions? Suggestions? E-mail the website crew at L~. You can also use our d_'uLe_ _~__ol~ to e-mail our staff directly. Or, express your opinion in a le~_e_r_Lo He ed_il_or. Page 2 of 2 Shop: Online for cool stuff from Naples Daily News. Coupons: ~ Save at local area bus inesses. Advertise... . on the Interact! Find out our rates and details. Subs_cdbe: Get the print edition of the Daily News delivered to your door. I~.~_r n_eK _A. c__c e__s_s Choose from 3 monthly rale plans. la Entire contents ~) 1999 Naples Daily News. All rights reserved, Published In Naples, Florida. A ~ newspaper. Please read our u:,~.Eag.r~.l~.~ and DQ'Ya{:Y_I~'gIJc~, http'J/w~vw.~l~~~y/~fi~eubuddy.h~ 3/22799 Letters to the Editor Page ! of I I Opinion Letters to the Editor Thursday, March 4, 1999 Daily New~ All this ... Editor, Naples Daily Ncv,~: Twice recently, the Daily News headlined thc Return Marco Island Unincorporated PAC's efforts to dissolve the city of Marco Island, including attendance of $0 people at the PAC's last meeting. What the News did not highlight was that 8,950, or 99.5 percent, of Marco's voters did not attend the meeting. Since incorporation, council has installed more than 400 street lights, completed engineering designs for 20,000 linear feet of sidewalks, contracted the resurfacing of 15 miles of streets,.commissioned the evaluation of the island's 12 bridges and initiated development of a remedial action plan, contracted development of right-of-my and stormwater master plans, started operating better programs at lower cost at the Racquet Club and Maclde Park, initiated replacement of deteriorated traffic signals, improved the appearanc~ of the vacant lots, designed right-turn lanes and beautification st~ps for critical intm'section~ on Collier Boulevard, initiated a buyout study of Florida Water Services, established citizen advisory groups, and, in a farsighted move, initiated steps to balance future residential and commercial growth. All this while setting up and staffing a new administration. Council and staffare clearly giving residents mom for their taxes than they have previously received while demonstrating that government can be efficient, polite and responsive. In fact, incorporation did not give us an added layer of government, it gave us an alternative government - and a better one at that. - Robert I. Ayling/Marco Island http'.//www.naplesncws.com/today/editofial/d22806(m-htm [ZCl IIILIHf!l~illlll 3/4/99 I~oples I hl~i~n I I~o~CQ I.~l~J:tcM I Si~)r~s I O~ls~ness I 8e.n~e I Uea.o~lttan I I~elJgloo I ~ome$ Business news Retailers moving away from enclosed malls Monday, June 22, 1998 By MICHAEL WHITE, Associated Press PASADENA, Calif. - Along Colorado Boulevard in a colorful district known as Old Pasadena. crowds of pedestrians clog intersections as they make their way to shops, restaurants and movie theaters. But fun - and retailers' profits - vanish a block to the east at Plaza Pasadena, a cavernous mall intended to attract those same shoppers. City planners hope to remedy the problem with a bold, $100 million project that will slice Plaza Pasadena in half and turn its main foyer into an open-air pedestrian thoroughfare. The project highlights a growing trend among retailers and developers who are forsaking big, enclosed malls in favor of "Main Street" style shopping districts that hearken back to an earlier age when people walked to stores and theaters in their own neighborhoods. At Plaza Pasadena, darkened storefronts iljustrate an exodus of retailers from the mall built in the 1970s. "I was here when the mall opened. It was thriving," said David Shurtleff, a technician at the Ritz Camera shop, tucked away in a mostly empty comer of the plaza's second floor. "You go down to Old Pasadena and people am standing 10 deep to get into some ofthe restaurants and shops," he said. It's happening not just in California, but across America. The success of shopping districts like Old Pasadena, Denver's 16th Street Pedestrian Mall and Mizner Park in Boca Raton, am changing the way architects and business owners think about retailing. http'Y/www.napleanews.com/t oday/businesrdo utmallMatm Quality 3112799 Retailers moving away from enclosed malls "It's part of the search for quality of life on the part of the buyer." said Sanford R. Goodkin. a San Diego-based real estate consultant. Page 2 of 3 "The appreciation for time conservation is paramount in their lives. so they're looking for time value as v,'ell as money value, and the new shopping center has to understand this and cater to it." To be sure, enclosed malls still attract millions of shoppers ever?' day. But they are no longer the automatic choice in communities seeking to attract retailers as a source of jobs and tax revenue, even in colder climates. In Denver. shoppers brave chilly winters to visit popular 16th Street, which is closed to automobile traffic except for shuttle buses that ferry shoppers to stores and restaurants. The trend is strong enough that Mills Corp.. the Virginia-based developer ofmegamalls such as Ontario Mills near Los Angeles and Grapevine Mills outside Dallas. is establishing a new division that will focus exclusively on open-air shopping districts. The company recently launched its first such project, a $150 million development in Orange, about 40 miles southeast of Los Angeles. "I think the reason there are more outdoor projects being built is because it's a departure and it's a differentiation," said Laurence Seigel, chairman and chief'executive of Mills Corp. "There are a lot of municipalities that don't have that urban Main Street to enjoy. If you're able to develop that and create a sense of community where people can go and shop and eat and be entertained ... that's a good thing," he said. The movement has its roots among architects, sociologists and others who have argued for years that the national move in the 1950s and 1960s towards auto-oriented planned communities created an ugly and isolating landscape. 'q'he serendipity ofreal streets is far less programmed than interior malls," said Stefanos Polyzoides. a professor of architecture at the University of Southern California and a founding member of the Congress for the New Urbanism, a movemen~ among architects and sociologists that promotes revitalization of city. centers. "Instead of going from Minnesota to Los Angeles and finding the exact same malls and exact same merchandise, you get variety and change." In Pasadena, city officials hope the mall's new look will prove as financially rewarding as Old Pasadena. where the city invested $25 million in sidewalk and street improvements when the district opened in 1983. SinCe then, sales revenue for businesses in the http://www, naplesnews:;com/today?°usiness/°utmalls'htm 3/12/99 Retailers moving away from enclosed malls district have grown from $10 million a year to SI65 million last year. Rents have jumped from 25 cents and 5'0 cents per square foot tl $5. said Marsha Rood, the city's development administrator. Pasadena also sees the mall project as a way to restore the city's Civic Center to its original design. By opening up the mall. which straddles three city. blocks, the plan would reconnect the cis"s ornate City Hall with the Pasadena Civic Auditorium to the south. It all makes sense to Douglas Nardini. a former ciw employee who was strolling along Colorado Boulevard one night after dinner at a nearby sushi restaurant. "This is where I like to hang ou~," he said. "For the real experience. ! think a person should come here. This is old-fashioned shopping. 1 remember growing up how the shops used to look. To see it now is wonderful." Page 3 of 3 16Hl". ,~ Feedback Comments? Questions? Suggestions? E-mail thc wcbsite crew at ' f~~_~. You can also usc our d_[~ o~t0~ to e-mail our staff directly. Or, express your opinion in a Entire contents ~) 1998 Naples Daily News. All rights reserved. Published in Naples, Iqonda. A S~;tgl)~_Ho~arO newspaper. http://www.naplesnews.com/todayfousincss/outmalls.htm ..... 3/12/99 Florida Oep_.artment of Community Affairs ® Winter 1999 · Volume I~, Number 1 Focus on New Urbanism and Sustainability Seaside, Horida... v/k,~-,~ it's called.'Smart Communities.' 'Sustainable De- velopment.' Florida is a national Ic~cr in a rapidly-evolving new format ~or comrnuni .cy dcvdopment. That bo:amc dear this F-alt when Florida's Sustainable Communities Network met the g~rus and practitioners o( N~v Ur- banism atThe Seaside Institute tot a three-day COn fC[CflCC. 'Wl~ert et~ could one tap into the best people and th,nking on sustainable d,~elop- meat :nd new urbanism in one place at one umW.' one cont'crcc asked. 'i'm not surprised that mort than lO0 people wert turned away from a conference that wzsnk even advertised. That's thc Iix:st testimony going that this sub- ject is of'great ~ntertst.' Thc interest w'~s national as well as state- '.~lde. New Urban News editor Robert Steutevflle covers those who are designing and developlngTraditional Neighborh~l D~el- ~pmcnu (TND~) ,n thc nation. "There w~ more ex~r~lse and understanding of N~ Urbanism and~Ds ~han I've ~n ~hc~ elK. Public o~ci~s and d~'clo~n, plannc~. designers and non-profits ail had an un&r- standing of it and how it could fit into an overall structure ofcommuni~ building.' he "Florida ,s ~ust way ahead ot'cvcr~.one cL~ :n the depth and ma.xs of new urban develop- ments." Steute'.'file continued. "Honda h~ the opportun,p.' to influence thin~ nationally in a major way One example is in Orlando. wl'~tc they, are revamping the xomng code in a way that will take 'I'ND and new urban develop- ment to thc next le.'el. State'wide. the pace L~ such tl~t New Urbanism will succeed or fail in Florida be(ore it succeeda or fails an.v,.¥hcrc c~e in Amenca." 5£,151DE. ,'o,ttrnued on ?,tg¢ 2 T~LU~ FM Rt, pm ~ -- I One presentation that stirred much cum- mens came &om Amelia Park developer Joel Emb~' who said the 'Baby Boomer' genera- lion will be the'fi~d gcnetatlon" for Nmv Ur- hanist cammunltles. Citing a study by. the .-Xmetian Association of Redred People show- ing widcsPt~d retlttt dissatisfaction with the isotadon and auto dependence of tnday's Ih. ina pauems, Embry. said Boomers will change the nation's urban devdopment patterns just as thc}.' have changed so much else in America. and ~,klv~ Nanor Graham 'We are producing thc wrong product for hat the pttscnt market (cider citizens1 says it wan~' Fanbn., ~id. He said older Americans punic officials understand how these new d¢- velopmcm patterns can save their cities mon~' while pr~'cnting man}' of'their environmen- tal and infrastructure problems. rc~nt 'age-segregated' housing. More than 85% ofr~irccs g'ant to be able to stay in their own houses, he said, ~nd 7056 w-ant to be inte- grated with all ages. Embry predleted that the emerging gen- erosion of retires, tbe 'Boomers' with their grtaviag emphmi~ on lift'-st?~ community, ~xl interdependence will totally transform the nations housing rrmk~. TMt ch~gt is already beginning--in Horida. and dscwhe~ Leading private droopers of Florida's pre- m~ New Urbenist mmmunlti~ including thc ScJo~ Corporation, Celebration, ^bacoa. and a dozen la~e and sm~ public and ptiwte ini- t;"dvcs sh,~td th~ spadight nad dmmcl infor- m.~d°n with the $ust~iMble Communities Thc Sea.side lnstimtcand West Palm Beach Mayor Nancy Graham agreed to work for a 'Mayor's Institute' to help Florida public of- ficials. Graham received a standing ovation from the conference when her selection as U.S. 'Ma}or of the Yem" by thc authoritative Gov- er,beg Maga. zi,e was a n nounced. Florida's univenin.' system will also help. Conference co-host. Florida Atlantic Univer- sity President Tony Catanese, proposed state- wide ~ssemblies where citizens and specialized constituencies can I~rn about this 'interna- tionally marketable, very important, re~l ,,ate development phenomenon." Board of Re- gents chairman Sto'e Uhlfeldet led a galaxy, from higher education, induding University of West Floridn Prtsident Morris Marx, the Deans of Architecture from the Universities of Florida and Miami, and thc leading lights of TND and New Urbanism in committing to further this agenda. Among thc ~rthltccts cfi Florida's Grow'& Management ~ famil'm leaders such u Dr. John DeGrov~ Bob Rhodes, and Jim Murley reviewed the sucx:esscl and failures ofthe past and dimmed doc Future. ~, widerang- ina dhcusslons co.x'd ncw tools to measure and ~ukle ud:m~ ~ and D'eenfidd pro~.'crs, conecting ,he problems with urban dc,uity and concuntncy requln:mcnu, and reshap- ing a system chat rc~-anh umustalnable prac- tices and IxnaJiza low citizens, developers, and o~ci~ls to plan economically-,upportable growth within the limit~ of natural ~ystems and to fine-tune land development codes were al~ explored. Thc area,cst need. ~s seen by Mayor Gra- ham. wa.~ to address urban Shrill/redevelopment for TNDs. by raking a hard look at both thc roadblocks and the oppottungtie$. Other in- ,er-connected urban topics such as perceprior~ about u:hools, crime, and genttification were also addressed. · Prepared I,7 Jim Mi,ret fin, ~ ~i.ter r,'//n tl,e o,,./,,,e Web ,,e for Florida} do~n ar.des o, tim ,'~,.£ere.re .;,fy I~ nad Affairs, Str,'e Seibcrt is known for his ability to 31tain a consensus. Secretary Seibcrt is a 1977 graduate of George W.-tshin~on University where he mined a B.A.. in Philosophy and International Afl-aim and is a 1080 graduate of the University of' Florida L~w School. Following his law clerk ~tint at DCA. he returned to Pinellas Count? ro serve in the County Attorney's offi~ for five ..'ears. In i986, :,ir. 5eibcrt joined the Clearwater law firm of Johnson and Blakdy He is a cer6fied mediator and has gained a state- wide reputation for helping to solve conten- tious environmental and hnd usc disputes. He is best-known for his mit in negotiating a reso- lution to end T~m~p~ Bay's 'w~ter wzrs.' Mr. Seiben w~s tim dotted to the Pincllas Counv/ Commission in 1992. He h~ alsoch,xirtd th~ Tampa Bay Regional PLanning Council, the Me~mpollmn Planning Organi-~tion and th~ Agency on Bay Managcmem. Secre,aty Seilxrt recently acknowledged, 'My new boss. Governor Bush . . . ~ be Ilks4 that I didn't ha~ all the ~ .... that's true. Whnt I h~ve is 3, willlngn~. ~d spirit to llstcn to your ideas m help you hdp local governments develop wha~ throe ~ should be.' II ENGINEERING LITERATURE DATE: ORIGIN: AUTHOR: DEPARTMENT: LDC PAGE: CHANGE: REASON: Maxch 15, 1999 Current Planning Section Ronald F. Nino, AICP. Current Planning Manager Susan Murray, AICP. Chief Planner Planning Services LDC 3:35, 3:47, 3:66 Change Section 3.3.5., to read as follows: "Site Development Plan Design Standards." Add provisions, which clarify the requirements for sidewalks, bike lanes and bike paths outside of the Subdivision Regulations to clarify the requirement for sidewalks within existing subdivisions. Renumber remaining sections. To clarify the requirements for sidewalks, bike paths and bike lanes. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. Amend the Land Development Code as follows: 3.2.8.3.17. Sidewalks, bike lanes and bike paths. ' ,' ' e-pm~ ~~r shall be re--to construct 'd k or bike aths and bike lanes where a licable as described ~ otherwise exe~the subdivision re lations of th' c e. Side or bike a d bike lanes s all be constructed conti ous to ublic and fivate roadwa which are ad'acent to and 'ntern la ot the site in conformance with the following criteria: Bike lanes shall be provided on both sides of any street classified higher than a local street (i.e., collector, arterial). Sidewalks ~ six feet in width, shall be provided on both sides of collector and arterial streets. '~Sidewalks, five feet in width, o bik ix feet in width shall be ~ provided on both sides of local streets ~ (al Where a cul-de-sac or de d end street exists within '_,~! sin le family residential subdivision and where thc dcvelo cr of such. suM'vi ion w ted an ex m f n t the subdb,~ulations for id walk 'k a or anexem t' to all wsidewalk on one side ~vided the street does not have a leneth less than 700 feet and it is frontedb exitin sinle amil dwellin s the sam~tion shall ~ew a utfin sin le farnilv residential subdivision which extends the dead end street or cul-de-~c no more than 1000 feet. All sidewalks, bike paths and bike lanes along public and private roadways shall be constructed in accordance v,'ith design spccH~calions identified in section '" .~.~.8.4.14. and Division 2.8 of this code. Alternative designs for sidewalks, bike lanes, and bike paths in developments adjacent to public or private roadways may be provided. subject to approval by the Community Development and Environmental Services Division Administrator and may utilize, but not bc limited to the following criteria: do f. g. h. A design that matches the land use density and intensity of the development along the street or cul-de-sac. A design that matches the expected traffic volumes on the street or cul-de-sac. A design that does not create a safety hazard caused by vehicles parked across the sidewalk or directs pedestrians or cyclists into high traffic areas. A design that does not encourage additional landscape area due to clearing for the installation, aesthetic softening or additional hardseape, additional torching of unnatural linear concrete strips, or similar features. A design that matches the expected demographics of the development, including but not limited to considerations such ms the expected mount of ~hool age children and active adults. A design that matches reduced speed streets and cul-de-sacs. A design that matches the expected amount utilization by joggers, walkers and cyclists. A d~ign that matches the character of the development, i.e., $olf eom'se/country club community, affordable housing, private gated communities, Criteria pursuant to the provisions of section p. mgmm~. Developments that.provide an internal bik~ which connects with existing.public bicycle ~aths or bike lanes may be exeml2_t from this-r~iui~me~dewalk/bike ~uirement by the Countx's Transportation Services Division's Director if the alternative system functionally operates equal to the standards of the County's bikeway system, interconnects with the existing or proposed Count)' bikeway system and will be perpetually open to the public. Developments providing interconnections to existing and future developments pursuant to the density rating system section ~,t' the t'~,llier County. growth management plan's future land use element, shall in¢lmt¢ sufficient fight-or:way to accommodate the roadway, sidewalks, b/ke. hat~,s.or bikepaths, and bike lane~. Bike paths, hike lanes and sidewalks shall be constructed concurrently with the roadway interconnection. :* ~ Where lanned ri t-of-wa im rovements scheduled in thc Coun~. ~rovements Pro IP will cause the removal of rc~ sidewalks/bike~ or bike lanes withi~ears following the fiscal Item' in which the first buildin&pemit for ~e_._~_~ect is issued. the develo r in lieu of construction of the required sidewalks/bike_paths and bike lanes shall rovide funds for the cost ofsidewallqbike path and bike lane construction into a fund a roved b the Trans nation Scr¥iccs Director for future construction of required sidewalks/bike paths and hike l~es, b~ Collier County,. 3.2.8.4.14. Sidewalks and bikepaths. . Wh x ' n t e ubd' 'lo re I ' n has been ted rmitlin a sidewalk/bike.path to be developed on one side or' the stree and 'ewal ' a cann t mad c ntinuous on the same side a t e devel en the idewalk may be all w t n' n other side of the ~!_xeet__l,.provided a 'de 'k c 'o ' urb cuts's constructed from the end the 'de ike ath to the stree on both consistent with the design criteria described in sectmn 3,2,~ a. 14. and Division 2.8.: Section 3.3.5. git-- - ~:_. _ _ - - ' . : --tz)-peoeedures-,-Site I)cvclol}mcnt Plan desig$_standards. 3.35.1. Sidewalkx bike lanes and bike. aths. For all ~uired to be dcvch~._cLt ~the Site Develo ,merit Plan SDP . rocess the develo.:- r .shall be reauired to construct sidewalks or bik~ lanes where described below unless otherwise exemt~ted from the subdivision r~_Lgulations this code. Sidewalks or bike~ lanes shall be constructed conti~ous to ~ublic and private roadways which are acliacent to and internal to the site, in conformance w/th the followintkcritefia: Side~valks or bike aths six feet in ~idth shall bt;L.pr_oy_i.dgd~!L~ both sides of collector and arterial streets. ~Sidewalks five feet in width or bike aths six feet in width s.,_5_b~hall b__~e ~rovided on both sides of local streets exce~ (a) Where a cul-de-sac or dead end street exists within an a_p__proved ~residential subdivision and where the develo r of.such subdivision was granted an exemption to the subdivision r_rg.g.ulations for sidewalks/bike aths or an exem tion to allow sidewalks on one side of ~rovided the street does not have a len~700 feet and it is fronted b existin sin e famil dwellin s t e same exemtion shall ~ new abuttin~ residential subdivision which extends the dead end street or cul-de-sac no more than ! 000 feet. Bike lanes shall ~rovided on both sides of any street classified .h_~h_e__r than a local street ITe. col~ 4. All id wal bike a d bike lanes alon~rivate roadwa shall c ted i accordan e with desi~cifications id 'fled' ec'o .2. 4 4. d ivi' . f ' code. 5~e o id bike lane and bike athsin develo men ad'acentto ublic r rivate roadwa ma be rovidc~ sub'ect to a royal the ommuni ' Develo ment and Environmental fyi 'ce ' '~d uti' bunot be limited to the a. A desi2,.oAhat matches the land use density and intensity ~1' thc development along the street or cul-de-sac. . de i that arc e th ex ctedtraffic volumeson thc street or c. A desitin that does~ hazard caused by vehicles arked ac st· sidewalk or directs pedestrians or cyclists into ~ traffic areas. d. A design that does not encourage, additional landscape area duc to clearing for the installation aesthetic soft·nih or additional hardsca additional sottenin of unnatural linear concrete strip.:s_, or similar features. e. A desigt! that matches the ex_z~cted demogD_.phics of the d~ t considerations su a,s thee tedam unto h la ec 'Id d fly·adults. f. A design that matches reduced tpeed streets and cul-de-sacs. g~. A desig!~! that mat~cted amgunt of utilization b_y.v ~ walkers and ~clists. h. A desi. gt! that matches the character of the develo~ course/coun ~ordabehousin ri'vat· ated C~o the rovi ion ofsecti n .2.7.2. Devel~3..e..~.~.~_~rovide an internal bike ath svstem which connects wi~ exi in ublic hie cie atlas or bike lanes ma'/be exemp3, from the sidewalk/bike ap..~r~uirement bY,. the Court's Ttv_LL.T._~.Eoortation Services Division's Administrator if the alternative swstem functional l o.y__qperates ~ual to the standards of the Count~ bikeway system interconnects with theexistin or ro sed oun bikewa s stem and will be~ v 1o men~ rovidin interconnections to existing and future d e tt th d ' ratin stem section of the_Collier I ' land use el en ~hall include · ' t -wa t th adwa 'd wal bik ' ' I w u' ik a i ·lanes hall be c nstru ted concurrentl with the roadway __ ed ri t f-wa i rove en sc eduled in the · v Pro wi I ca · r moral of re u~.d · w ' 'ltl' 'tf 'e t' i sued 1 6 H 1 1 ~'e: id- walks/bike, aths ~' :f sidewalk/bike ~ath and bike lane construction into a fund ~ the Transportation Services irector for fu, _ - construcfi--n of re-.uired sidewalks/bike paths and bike lanes b- Collier Coun: :. _.:'._.-'_- _: -. : _ :-~ -*.~lanreview(SDP) Renumber the remaining sections. 3.3.7. ,a~m~lm~8. ~lan standards. Renumber the remaining sections. 3.3.8 --': '-- _ ~ :-_ : ::. Amen_~dments. Renumber the remaining sections. · . . - '- _': -~ Site develo mep_.~.~lan time limits. Renumber the remaining sections. 3.3.1o. 3.2.8.4.1.5. Sidewalks and bikepaths. 5. Whe exemfi tothe ubdivi' nrc la'onshas been ted ~ sidewal ' thto eve o d on one side of the stree and side 'ke t continuous on the same .side ora t f~d vel ent the sidewalk ma be I wed ' o · s' e 'ded a aved 'd 'c ' 'ur u ' ted from the end · ' t 'the street ..... a ' ' ' .2..4.14. and Strut Signs Go Psychedelic/Pedestrian, bicyclist alerts are meant to startle drivers Mo~l~y. FMxua~f 22. 1999 SF Gate Home .N~_wt. _ Sp_o__r_t~. _ E_ntertalnment Street Signs Go Psychedelic Pedestrian, bicyclist alerts are meant to startle drivers Te__ch_n_oJggy Live Vlew~ Traffic Weather H__e_~h_ B_u_sin_ e~$ s Bay_A.rea~ravel ~ofl_u. m__n.i_s_~ .cia_ss_m_ _e~!~ C__onfemnces Search Index It's visual ca.ftc[ne -- a jolt that grabs the attention of the most hame& distracted, cell- phone talking, radio-blaring driver. Get a printer-friendly vgrsjpn of this article Call it chartreuse, hideous lime or, in m4t parlance," fluorescent yellow- green," some California cities are installing a new color of road sign at school, bicycle and pedestrian crossings that simply screams for attention. The new signs, first tested in 1992 in the Washington, D.C., area, have popped up in the past few weeks in the North Bay communities of Petaluma, Santa Rosa and Sebastopol, as well as in Sacramento. The eye-catching color will soon spread to Walnut Creek and Vacaville. In Pctaluma, more than 40 new signs 0(~)wlg~.~ ~ Golf re.c~s ~ Bay Res.~ent$ Craz~. have suddenly appeared at school crossings. Traffic engineer Allan Tilton said thc city, achieved "maximum shock impact" by erecting the signs all at once. Motorists, cruising through familiar streets, barely register the standard yellow-and-black crossing signs. New devices, including loud colors, are one way of ensuring pedestrian safety. "We need to find ways to drag drivers out of their cars and shake them around and wake them up," Tilton said. Santa Rosa officials welcomed the new tool for alerting their city's drivers, who ignore pedestrians with a nonchalance that would make a Bostonian proud. The amval of the new sign, given the federal http.dlwww, sfgate.com/cgi-bin/arficle.cgi? file'Ichr°nicl~a~xi've/1999/02/22/MN 37923. DT L Signs Go Psychedelie/Pedestrian, bicyclist alerts are meant to startle drivers Page 2 of 3 thumbs-up in June and approved by the California Department o£Transportation in December, coincided with frequent calls to Santa Rosa City Hall by frustrated walkers. Six new signs were erected in January on busy Fourth Street. said Mary. $o Young, associate '~c engineer. "It is like they are battery, operated; these signs really get )'our attention." Young said. "People are now noticing we have crosswalks on Fourth Street." The new background color is used only for warnings about pedestrian crossings or bicycles. Traffic engineers are pretty excited by the new color, given the approval process that stretched to more than seven years. The Federal Highway Authority. is also holding three other sign colors - violet, coral and light blue -- in reserve. "This doesn't happen very often. It will be at least a decade before someone tries to establish another use for the other reser,,ie colors. These things grind along at a very slow pace,M said Tilton. On state highways that wind through small towns, Caltrans spokesman Jim Drago said, the district offices will have a choice of installing fluorescent signs or the standard signs. The new signs cost about $100 to install, slightly more than the old ones. Matin County jtm replaced its standard crossing signs and probably will not install the chartreuse ones for a while, said Bob Zeigler, traffic maintenance. _safety supervisor. Like any new gizmo, officials say, the bright. eye-catching signs are great. But they wonder how long the signs will remain effective once the novelty has worn off. "There isjtm a lot out there to compete for a driver's attention - with cell phones, CD players and radio. There are jus~ a million-and- one distractions, and we're all guil .ty," said Napa ') / ':hi edI999/02/22/MN3792" DTL httl:)-.//wastw.sfgate.com/cgi-bint'artiele.cgi, file'= chronicle/arc 'v .~. Street Signs Go Psychedelic/Pedestrian. bicyclist alerts are meant to startle drivers ~ack County's public works superintendent. Lance Heide. But Scott Voytek of 3M, which makes the traffic control material, said the limited use of the new color helps preserve the novelty, and surprise tbr motorists. "I don't think you can tune this color out," Voytek said. ABOUT THE SERIES Today's "Commuter Chronicles" continues a weekly series of stories exploring the practical aspects of transportation and commuting in the Bay Area. If you have a question, concern or story idea. please send it to Commuter Chronicles, 901 Mission St.. San Francisco, Calif., 94103 or send e-mail to: commuter(~fgate.com. You can read previous Commuter Chronicles online on SF Gate at sfgate.com by entering the word commuter in the "Jump to" box. For the latest traffic reports, updated every 10 minutes, log on to SF Gate at: sfgate.com. ~~c_o C~e. Page AI Page 3 of 3 16 H 1 'q , :.~ ~http~' +'/~'vw'sfgate'c°m/cgi'bin/article'cgi?file=/chr°ni~:ledarchive/'~:.;L: ~.: - ~ ' ! 999/02/22/MN37923.DTL FSCC Local News Services: Livability Agenda LOCAL/COMMUNITY Page I of 3 Federal "Livability Agenda" Has Florida Roots Browner Praises Tampa's Fort Brooke Project as Model It's not exactly Florida's "Preservation 2000" program, but earmarking S10 billion of federal funds to aid local preservation efforts is a start, Posted 19 February. 1999 Browner cites Fort Brooke Park. Tampa-- The federal government is beginning to copy a Florida land preservation program. On a recent trip to the Tampa Bay regio~ U.S. Environmental Protection Agency (EPA) Administrator Carol Browner cited Tampa's planned Fort Brooke Park ~s the kind of project the administration wants to encourage. The 2.2 acre parcel of sandspurs along the downtown waterfront was a parking lot until its recent purchase by the non-profit Trust for Public Land. The Trust will hold the property until the city. is ready to close on its purchase ofthe land and turn it into a park next to the new convention center hotel. A federal P.2000 program? "This is about responding to the needs of local citizens, local communities" Browner said. Modeled after Florida's Preservation 2000 program, Browner said the Better America Bonds program will provide more flexibility and autonomy to local governments in deciding which land parcels to preserve. EPA's existing brownfields program is another model, said Browner. Some 230 communities around the country have already used brownfields money to acquire abandoned industrial sites for open space and commercial purposes. Transpertal~on fixes A proposal to expand the federal public transportation budget would allocate $6.1 billion to help pay for new projects that ease traffic congestion and reduce air pollution by fixing roads, expanding public transportation systems, and developing alternative mutes. According to Browner, the adminislration hopes that communities will figure out ways to m~ke combined proposals to several EPA programs for sweeping projects they could not afford from a single funding http://susmim~le.state.fl.us:/fdi/fscednew~oeal/9901/liv_agen.htm 2/23/99 FSCC Services: Livability Agenda Livability Agenda seeks SIO billion for local aid, source. Page 2 oi'3 The administration's FY2000 budget seeks $10 billion to assist local governments and communities preserve open space, ease traffic congestion, and promote economic development. Dubbed the Livability Agenda. the program draws together and expands programs from more than a dozen agencies. The largest single item of new spending is a $700 million program that will allow state and local governments to issue no-interest Better America Bonds to preserve parks and open spaces, protect water supplies, and develop abandoned industrial sites for commercial use. Administration officials estimate the program could generate up to $9.5 billion in local bonds for environmental projects by providing $700 million in federal tax credits over five years. Goals of the Livability Agenda include: Preserve green spaces that promote clean air and clean water, sustain wildlife, and provide families with places to walk, play and relax. Ltvabilit~ Agenda goals Ease traffic congestion by improving road planning, strengthening existing transportation systems, and expanding use of alternative transportation. Restore a sense of communit2,.' by fostering citizen and private sector involvement in local planning, including the placement of schools and other public facilities. Promote collaboration among neighboring communities -- cities, suburbs or rural areas -- to develop regional growth strategies and address common issues like crime. Enhance economic competitiveness by nurturing a high quality of life that attracts well-trained workers and cutting-edge industries. Cynthia Pollock Shea. Contributing Editor Related Information http'.//mzs-tainable.stat~:fl.us:/fdi/fscc/news/Iocal/9901/liv_agen.htm 2/23/99 From: Reply To: Sent: To: Subject: Theo Petritsch. P.E,. Florida Pedestrian and Bicycle Coordinator[SMTP:theo.petntschQdot. state.fl.us] theo.petdtschQdoLstate,fl.us Monday, February 22, 1999 2:48 PM Antone Sherrard; Beatriz Caicedo; Bil Phillips; Carol Pulley; Coleen Flynn, Dawd Henderson, David Karwaski; Gena Torres; Gladys Griggs; Jeff Hunter; Jeff Sheffield; Jeremy Battis: Jim Martin; Joy Puera; Kathy Teaque; Ken Nosworthy; Larry Buster, Leigh Matusick; Linda Crider; Liza Lemaster. Mark Horowitz; Mary Anne Koos: Mighk Wilson; Ryan Kordek: Santa Kruysman; Steve Decke~ Steve Ovenden; Theo Petritsch; Tom Cawn; Tommie Dawson Re: Kid<land Crossing Flags This from John Moffat. It is written so comprehensively I thought each of you would appreciate the text. Pedestrian Flags ,n Kirkland. Washington - John Moffat reports The City of Kirktand is planning to be the world's best place for pedestrians. Along with the flags it is also a pioneer s~te for other techmcal improvements such as flashing lights in the street outlining crosswalks. The flag venture was a joint project of Kid<land and the Washington Traffic Safety Commission, based upon a Japanese concepL Kirkland put up a flag rack on the crosswalk sign on each side of the street. The flags are cheap, a piece of plastic pipe and flame orange fabric (more on this point later). The rack holds 6-8 flags fanned out on display. I believe that the display of flags in itself raises the conspicuity of the crosswalk, There is a small pla<3ue explaining how to use them (required by the lawyers, of courset), but from what I can see, no one actually reads People simply pick up a flag, hold it out, cars stop, they rack it up on the other sgle. Occasionally you see all of them on one s~de. but people tend to can'y them back and forth and redistribute them, The flag program t~ cheap and it works. The essence of the concept that wa are alway~ harping at people to wear h~gh visibility garments, which they don't want to do. So, we can give them "conspicuity" material in the fom~ of the flag, only at the point where it is needed. They can wear whatever they like. Another great benefit is the clear statement that the ftag makes. "1 intend to cross'. It eases police enforcement by making the pedes~ans intenti(xt qutte clear to all. It also refutes thetypical drtver claim that'l didn't see any pedesatanl" Oh, you mean that guy waving the orange flag? Page 1 We ieamed to make cheap flags. They do d~sappear. The first flags w~re very nice, heavy fabnc, screen pnnted with the Oty seal Good stoutwood pole. They disappeared in droves. We found them out on the lake, boaters were using then3 to s~gnal that their water skier was down. When they were made crummy and cheap, we stopped losing them. $1~ replacement is required on an occassional bas~s Local busmness owflers have found quite · few of them on their store I'd rate it as a success. The crossings are in a dense business district with lots of distractions for motorists. The flags help a IoL Pedestrians do use them. One of the streets ~s a busy 4 lane, (30,000 ADT)and it works well there. To me it's a Iow cost Iml3rovement well worth the trial. Interestingly, older folks and other h~gh ask pads seem to use them more than fit and able adults. I theorize that they serf-assess themselves as being mom et My favorite incident wffh these was dunng one o0servat~on ep,sode on a rainy day. At lO:00am sharD, a horn sounded at a construction s~te 1/2 block from the crossing. Three workmen, plasterers from the look of their clothes, came running out. tool bags flal3pmg, helmets, snatched up flags, waving them fi'antically, Straight across and into the espresso shop, back a few minutes later carting their Tall Latte, waving the flags again, just in time for the "back to work horn". They obviously see some value in theml Only in Seattle... I noticed that similar flags appeared in the City of Issaquah, a neighboring tow~. We are not supporting their work, so they apparently judge them as worth the money. I notice that they don't use a flag rack. instead they have attached a piece of plasbc p,pe to the steel pole w~th hose cJamps. It looks cheap but it wor~s The bunch of flags in the pipe works almost as well as the fan array on a formal mount, and you don't have the prongs sticking out to snag people. I like both treatments. Obviously, an elegant container m~ght improve the s~ree~sc~l~. ~. IV?offaL Dh'e~r ' . Washington Traffic ~afety Gomm~ss~on Page 2 From: Reply To:~ Sent: · Cc:' Subject: BIKEF£D~aol.com[SMTP:BIKEFED~aol. COm] apbp~smoke.supa.com Tuesday, March 16. 1999 10:14 AM BIKEFEDVT~}aol.com; bfa-stcoords(~tgc.apc; pednet~}flora.ottawa.on.ca. apbp(~smoke.suba.com; johnQmontana.com; rek3(~cdc.gov; ]soule~plannmg org. moemail~erois.com BIKEFED~}aoI.COm [apbp] BFA's comments on FHWA/FTA planning (long) Greefingst Recenb*y, the FHWNFTA issued a discussion paper titled. "TEA-21 Planning and Environmental Provisions: Options for Discussion.' [For a copy of the paper please see '1 / ' 1' The BFA believes that the ISTEA/TEA-21 planning provms~ons are one of the most critical elements in the legislation ~n terms of ultimately bnng~ng about real change in how transportation decisions are made. For that reason, we prepared and submitted extensive comments on the sul~ject document. For your interest, here is what we had to say: 15 March 1999 Sheldon Edner Office of Meb'opolitan Planning and Programs (HEP-20) Federal Highway Administration Re: FHWA and F-FA TEA-21 Planning and Environmental Provisions: Options for Discussion Greetings: I am writing on behalf of the BicycJe F~eration of America to offer the following comments on the subject document. General comments I. Much more attention should be given in the final document to the need to closely coordinate all transportation decision-making with local land-use planning. The current Federal approach to transportation planning - namely focusing o~ Statewide and MPO plans - has not served to effect adequate coordinatk:)n and cooperation with local land-use planning. Too many transportation decisions are being made by engineers in State transportation agenct~ wilJ1 little or no regard for the consequences or impacts on communities and neighborl'xxx:ls. This must change. 2. One of the things that should be considered is to require more involvement of the planning professicm and restrict the role of the engineering profession in U'm development of long-range transportation plans. The experience of the past fifty yearn should suffice to demonstrate what we can expect to get if we leave it to engineers to "plan' for our future transportation needs. We cannot afford to repeat b~e mistakes of the past; it's time to change homes. 3. There is a serious conflict of interest inherent in the current system. It Page 1 is analogous to the conflict that used to ex~st when the Atomic Energy Commission was charged w~th both promoting and regulating the use of atomic energy. This was eventually acknowledged and changes were made. Yet. ~n the transportation area, we still operate with a similar model, We are asking for inten'nodal, multi-modal transportation plans and project alternative analyses, but we assign the responsibility to do this to State DOTs that have spent the last 75 years doing nothing but build highways, Now I ask: are we supposed to be surprised when the typical statewtde long-range plan calls for more highways and highway capacity as the solution to all our ills? Consider that one so-called leading transportation trends analyst has Peen suggesting (to great acclaim by the traditional transportation community) that the public wants more highways and highway capac~. He bases his "claim" on data that show that people are using cars for an ever growing percentage of their trips. But, nowhere in his analysis is there any consideration of whether these people perceive themselves as having any real mode choices. Are the tfil3S they need to make too far to walk or bike because of land-use patterns? Are they driving because they are afraid to walk because there are no sidewalks? Are they driving because there is on viable transit service3 ObviOusly, wl3en transoortation agencies spend fifty years or more doing vlrtually nothing to 13rowde for and accommodate any mode but the ~3r~vate motor vehicle it is not likely that a lot of people are going to have options. So, let's reject this vapid conclusion that the "market" is choosing pdvate motor vehicles - actually, a substantial percentage of the public doesn't even have direct access to a private motor vehicle, but they apparently aren't considered significant by our transportation pundit - most people have not been given real choices. 4. Finally, there is a growing awareness of another, serious negative consequence of our cun'ent transportation system. In addition to impacts on the environment and on safety, there is a broader, more significant public health issue directly related to transportation: physical inactivitT, The Centers for Disease Control and Prevention has noted that physical inactivity is a major contributing factor to the more than 200,000 premature deaths from chroniC disease each year. The levels of physical inact~ty and obesity are growing to epidemic proportions: the problem ~s particularty serious for children. 25 percent of whom are class~ed as sedentary. The public health profession is coming to believe that one of the major causes of this problem is that most people no longer walk in their neighborhoods - or let their k~ds walk tO school - due to the threat of motor vehiCle traffic. These fears are well-founded; most children now live in neighborhoods where the walk to school is something they can't do by themselves - the highway environment is too hostile. This must change. The FHWA,q=TA should include in their planning regulations national performance criteria aimed at ensunng that every child has a safe route to walk or bike to school; that the elderty can walk easily and safely in their neighborhoods; that all Americans are able to regain an essential level of physical activity by making walking and/or bicycling an everyday part of their lives. The Department of Health and Human Services has set goals for b~"TCling and walking as pert of their Health People objectives. These should be acknowledged and supported by national transportation performance measures Specific comments I.A. TEA-21 Outreach § The statement is macle that the FHWA/FTA "w~ll carry out this effort m a Page 2 ;~ manor which provides their partners the needed fie)ability to tailor transportation planmng and dec,sion making processes to State and local nee(~s and goals." More attentmn should be g~ven to ensunng that the public's neecls are met and that the Nation's goals/object]vesJpohc~es are addressed. There is too muCl~ focus on "sennng" the needs of transportation agencies: this ~s NOT the public and too often does not serve the Public interest. The FHWAJFTA must take a more aggressive approach to ensure that the public ,nterest is better served. II.A.I. Planning Factors § It is noted that failure to consider the new planning factors shall not be revlewable in court. Therefore. ~t is essential that the FHWA/FTA planmng regulations be very soec,fic about what will be required of the planning process. § It should be noted ~n the final planmng regulations and guidance that in addition to the planning factors listed in the subject document. Section 1202 specifica~ requires that "bicyclists and pedestrians shall be gwen due consideration m the comprehensive plans developed by each metropohtan planmng organ,zat,on anct State" § With regard to "Implementation." we favor an approach that uses strong regulatory language detailing specific performance criteria that must be met. The performance of many States and some MPOs dudng the six years of ISTEA - and more recent statements by AASHTO - leave httle doubt as to the desire of these agencies, namely to reject as much of the planning provisions as possible. This must not be allowed to happen. Guidance, training, best practices, and other forms of "encouragement" and assistance should continue to be made avmlable. § Perhaps the most important step the FHWA/FTA could take to improve the planning/decision making process would be to require more public involvement. especially in the review an(~ certification processes. ll.B.1. Cooperative Development of Revenue Forecasts § Serious cons~deratmn should be given to reclu~nng external rewew. ~f not in fact management of the "sub-allocapon" process. § A critically important factor has too long been overlooked and should at least be raised in this discussion. Many States restrict the use of State revenues to "highway" purposes. This has been used to deny funding for projects that would otherwise have been eligible for ISTEAFTEA.21 funds. It should be strongly stated that the FHWNFTA expects each State to take such steps as may be necessary to ensure that State funds used to match Federal funds are equally "fie)able." Failure to establish this requirement effectively negates the intent of the Congress ,n calling for a long-range, intermodal, multi-modal planning process to guide the use of Federal funds. II.C.2. 20-Year Forecast Penod in Transportation Plans § The FHVVNFTA should require that each State and MPO provide a timeline or schedule for implementation of the elements of the plan. What wa have seen is - to varying degrees - a disconnect between the LRP and TIPs. This ~s exacerbated by the periodic updates of the LRP which serve to mask the fact that some measures/proposals - such as provisions for bicycles and pedestrians - are just floating from plan to plan w~thout ever being funded. While funding can be said to be a local/State dec,sion, if they ain't gonna do Page 3 it, it shouldn't be m the plan; and, if it's fn the plan. then they should be required to fund it! This is especially relevant to the possible consIderation of non-motorized projects and travel in conformity reviews. So. whIle ~t ~s all well and good to state that bicycle and pedestrian provisions shall be included in the LRP, we like to add, "show me the money!" Irs time to get these projects out of the plans and on the street. I1.C.3. Transportation Conformity-Related Issues § We support "clanfyin9 that TCMs requinn9 Federal fund,ng or approvals must come from a conforming, fiscally-constrained plan and TIP..." Aha, as we noted above, the MPO should be required to provide both a schedule for implementation and an annual report of progress (with reference to the plan and TIP). This is similar to a "comparison to budget" fiscal procedure, and you don't change your budget every penod to conform to how the money flowed! Much more accountability than we have had to date is required. § With regard to using the HPMS to track VMT and/or allowing for the use of Iocalty.based count programs: any and every "count" program should be requmred to provide appropriate data on pedestrian and bicycle use. Failure to collect such data has contributed much to the marginalization of these modes III.A. Public Involvement § With the addition of representatives of "transit users and freight suppliers" to the list of entities that must have an opportunity to comment on transportation plans and programs, it is obvious that bicyclists and pedestrians also be so represented. Consider that in most (if not all) MPOs bicyclists and pedest~ans outnumber transit users. § WRh regard to the expressed "difficulties in getting public input on long- range plans and TIPs." it should be recognized that this is a failing on the part of the transportation agencies, and not on the part of the public. When some State DOTs have published "public involvement plans" that simply list the locations where copies of plans will be available for public review, it should not be accepted that the public is at fault for not "participating." There are plenty of examples of good. active, ongoing public involvement available to support the conclusion that it is the agencies, not the public, that too often falls short in their efforts. § FHWNFTA should review and promote the idea of having States and MPOs fund an "Office of the Public Advocate" much as many (all?) State public utility commissions have done for years. The fact is that much of the material in State and MPO long-range plans is presented in a very technical - and frequently voluminous - format. So, just at there is a suggestion for providing funds for reviews by environmental agencies, there should be similar consideration given to funding public advocates. § Bicyclists, pedestrians, children, the eldeW, and the disabled should be IncJuded in the list of those groups "traditionally underser,ved" by existing transportation systems (re: the Environmental Justice Executive Or, et). § Again, the poor performance under ISTEA of many States and MPOs related to public invohrement argues for providing them less discretion under TEA-21. Further, we call upon the FHWA/FTA to hold a public headng as part of their planning certification process. The States and MPOs should be required to respond - substantively - to the public's comments, and indicate what actions they will take in response to any criticisms. P~e4 § There is a senous need to enhance the ethicality of the transportation decision making process In most States and MPOs, To this end. we call ul:~on the FHWA/FTA to develop and mandate the use of a "public disclosure form" m conjunction w~th all major transportation policy, planning and ro ect decisions made b a Stat , · ' . p J following items: y e or MPO. Sl:~,~ally, thfs should ~nclude the 1. The objective(s) to be addressed, and the criteria used to make a selection. 2. The options/alternatives considered and how each fared agafnst the criteria. 3. Name and title of individuals revolved in the (~ecision, 4. Names and titles of consultants contributing to the decision-makIng process. 5. For each of the above named individuals, what if any interest each has ~n the various alternatives. Spec~.ally, if there is anything that might be construed as constituting a conflict of interest § Re: Option #1: we believa the FHWNFTA should review and approve each Slate and MPO public involvement procedures. Failing thaL there should be a provision by which members of the public may appeal to the FHWA,/FTA for rewew and rejection of a State or MPO procedures. § Re: Option g4: we support this option, We suggest that our earlier comments about other "underserved' groups be addressed. Finally, with regard to point "2)" in the document, we wOuld suggest you revise this statemenl as follows: an"~d ~ a~.n~l___F'~'_~ i..,m_ple.men,tation s .t.t.t.t~tegy w~.?ld best aid the public, States making ~'' ,. uensportauon p~anmng, projact-~evelopment, and decision- · III. B Equity, Environmental Justice and T'~e VI Requirements § As noted above, other 'traditionally underserved" users such as children, the elderly, the disabled, pedestrians, and bicyclists should be explicitly included in transportation plannfng activities. ~*WP,,h regard to how FHWAJFTA m~ht ensure consistent b'eatrnent of these issues, We'd suggest the development of specific performance measures that should apply to all plans, priorities, and projects and that each such action be required to assess and report on how these measures are to be addressed. § Re: Oplion #1: It is essential that more be done than to simply state that pubr~c involvement should be directed to the widest possible audience. It should IN! reqtdred ~ all affected poPulations/groups be identified, theIr issues (I.e., needs and concerns) de/ermined through apfxopriate and effectrve means, and an expr~it statement be provided as to how t/~se issues have been (or will be) addressed in ~ proposed action. It is not sufficient - nor appropftatel -- to simply ask them to comment on what the State or MPO is proposing to do. § Re: Opl~on #2: Excuse me, but this is really arrogant and condescending as written. Why are provisions for these groups referred to as "altematn, e transportation investments" (as oppose to, say, 'mainslzeam transportat]on invesln'tenta"?) and why are such possible acUons limited to "wherever feasible and Poas~le'? it's time for FHWNFTA - and the States and MPOs - to recognize and address the needs of all segments of the pub/ic on an equal ~ This is, after all, U'm goal of o~r environmental justice efforts, is it not?.To do so, the agertcies must stop marginalizing Itmse groups ~ lmatlng Itteir tmnslXXlatlm~ needs - and service alternatives - as secor~ class to those of motor vehcle owners and operators. The root cause of th,s "issue" is that the development of our transportation system has not been egalitarian. It has primarily been of. by. and for the "typical American consumer." It has been based on the assumption that everyone w~ll use a car for every trip. This must be the case for how else would you explain why so many State DOTs build roads w~thOut s,:lewalks'~ Transit ~s vTewed - even by many transit I~roviders - as a sort of "social serwce" for people w~o clon't have access to a car (yet!). This mTndset must be challenged and changed ~f we are ~ have aqua/, access, and sustamability. III. D. Cumulatfve and Indirect Effects § We take exception W~th the oOmrOn that these "effects are most conducive to consideration and evaluation at a regional or large subregional scale" FHWNFTA notes that commun~ d~sruption is one of the concerns; th~s kmcl of ~ssue needs to be looked at on a very local scale. Most walking takes place within a mile of the origin of the trip. Opportunities to walk can be lost to whole neighbo~oods by virtue of various kinds of transportation "~Provements." Similarly, mitigation measures a,med at addressing the neecls an~ concerns of b~"yclists ancl pedestnans entail a small-scale focus It ,s essential that suc~ m~cro effects not be overlooked ~n assessing th~s class of § Re: Opbon #1: the example of using Transportation Enhancements (TE) projects to offset or "counterbalance the adverse effects of other projects" is wholly unacceptable. If there are adverse effects associated w~th some project, then the cost of that project should include any rnitigabon measures A recent State action to use TE funds to purchase wetlands to offset future weltands impacts is an example of a use of TE funds that should not be permilted. Fur~er, while we appreciate the recogn~Jon that the "prowsron of bicycle and pedest~n facilities" is a good thing. ~t should be pointed out that these facilities are in no way limited to the TE program. In most cases. provisions for bicycles and pedestrians should be made as an inc~ental feature Of eve~ highway project and funded as such (i.e., using the same source of funds). Only where and when there is no other ongoing highway project should TE funds be used for bicycle and pedes~ian facilities In the case of recently develol:~ed highway projects: ~f the State or local agency failed to inclucle bicycle and pedestrian provisions ~n the ongmal project. they should be required to use the same source of funds used for the original project to pn:n~le the bikeJpecl fac~libes. We suggest you simply delete th~s reference to the TE program. IV.D.6. Catego~i~l ExclusrOns § We support the addition of certain kinds of b~ycle and pe<lesthan projects to the ~ of pe~ec~ eligible for categorical exclusrons. We would suggest some cautio~ to ensure that there is no abuse of this provision by using ~t to "beckdoo¢' ~ under the guise of b~Tcle ancFor pedestrian prows~Ons. Bicycle and pedesl~fian planners and advocates should be consulted m the development of any list of proposed proiects. This concludes our comments. Please fe~l free to contact me ~f you have any quesl~'ts. Thank you BB Wilkinson, AICP ,, *i , Page 6 Bicycle Federation of .America P~e7 Pamela S. Mac'l<]e District 4 Dlltltct 5 UPS Ncx'1D~ Air N438 3455 05 2 COPS Universal ttirin$ Program U.S. Dgpm'tmen! of Justice ! 100 Vermont Avenue, NW Wasttingt~ DC 20530 3,101 EMi Temleml 1'rail. Naples. FIo,-tcla 34112.4977 (g41) 774.8097 · Fax (941) 774.3~02 At'm: Sara WoK Re: Ca'sat Advisor OR! # FI.011130 COPS in Schools. Rcquc.'~t fi~' Additional t)lSccts On November 25, 1998, the Collier County SherifFs Office (CCSO) submitled n grant applicati~m fi~r fi~nd~ng fi,r nine COPS In Schoots Ofl'~crs, On April 23, 1999, Shc'~iffHunterreccived notification from Sc~alc~ Bob Grnhnm of thc COl'S In Schools grant award. ThisletI~sc~esasarequest fmCOPS In Schools funding for an additional f~eenunbudgctcd CCSOofliccrs for Collier County Schools. :~'~? The need for ~ to SUplX~ n si~c~tly hisher number of school off, ce. rs ~an was originally rcquc~tcd will cnnblc CCSO Io provide at least ene off~:er in esch ofthe 33 ln'h'tmry and secondary schoolsin Collier County. Withndded C(}i'S In.":,chools funding, thisgoal vdll be schies~d. As one ofthe fastest grc~ving areas in the eounto,, and with a rapid increase in incidc-nts of crime and viol,.mce and the fear ofcrime srdviolenoe in and mound schools, the severity of violen! school tragedies, nationally over the past year requires that we continue to be more proactive in preventing such occurrences in Collier County. Consi&'ration to increase thc total num~-r of COPS In ~hools awarded positions ft~:nn nine to twenty four is 'ppreciatect Attached plea.se fred an executed Retention Plan, A~suranccs. and Certifications. If you have an,,' questions or need additional information regarding this request, please call the Sheriffs Office Grant Coordinator Jo).'ce I lota','m at 941-79~-9346. Sheriff COLLIER COUNTY SHERIFF'S OFFICE COPS GRANTS RETENTION PLAN 16, 'The Collier County Sheriff's Office (CCSO) assumes a progressively larger share of an officer,s salary and fringe benefits each year over the three years of the COPS AHEAD, COPS UNIVERSAL, and COPS in Schools grants, leading to full-time retention of the officer at the conclusion of the grant. CCSO' has assurances from the local Board of County Commissioners that officers will be retained. Executive summaries are submitted by the CCSO to the Board of County Co~nissioners requesting increases in the number of CCSO budgeted positions on COPS AHEAD, COPS UNIVERSAL Hiring, COPS TO COMBAT DOMESTIC'VIOLENCE. PROGRAM, and COPS in Schools grants. The Board has approved all requests for curreht and subsequent year budget increases. New recruits were not hired under the COPS MORE '95, COPS MORE '96, and COPS MORE '98 grants as funding certified officers was unallowable under these programs. Any full-time equivalencies (FTEs) as a result of the COPS MORE grants are by currently employed Deputies. When COPS grant project and program periods are over, the CCSO will continue to fund the costs of maintaining, upgrading and/or replacing grant funded equipment/technology in order to support community policing as effectively as possible. CCSO has a very aggressive and successful grant research program that has resulted in continued funding of many grant projects. It is the Sheriff's Office intention to proceed with this method to fund additional agency positions and maintain and procure technology/equipment enhancements and upgrades of currently funded grant programs. Federal funding will be pursued. Non-federal funding sources such as state grants, additional law enforcement funding from private sources, including corporate, nonprofit and foundation donations and grants will be sought. Should the referenced funds not be available, solicitation of funds from the confiscated trust funds will be sought. Should any of these funds not be provided, COPS positions and costs'of maintaining COPS programs will be included in applicable fiscal year CCSO Operating budgets. Activities will continue on current grants after grant funds end. With experienCe, planned training, maintenance and enhancements, activities should even increase after a grant period ends because of familiarity of the project programs and advancements and speed associated with technology. man _,.,~DpnHunter,.. ../. Sheriff ,0 ApPX'°vod ~ to tot,- & leg~J su'fi' .~ .... Cotmty Attorney U~' ~Ps~ment °'J~tice ~~ 2 ~ Office of Co~uni~ Oriented PolicinE Se~iccs : ' . . ... ,".', '~ ' ~ ~munn~t~t ou (~e ~ ..... ~~S.~m~,~ to .-- ~ --- ~' pplicant~ will comply with th~ pmvsio~. If you wo~d h~ her ,~o~uo~ a~ut an o ' ' ,. Attest a~e,C~a'f~an,s By ~ au~ ~Hve's $i~, y~ ~ ~ ~ ~ ~ ~ ~ you w~ ~mply ~~~0ve ~ ~ ~t ~ ~ appU~t ~ ~ ~ ~ of ~e~ ~t ~ ~ p~ you ~ ~ ~e 1. You have been legally and ofl:icial]y authorized by the appropriate g~veming body (for example, mayor or city council) to apply for this grant and that the persons signing.the application and these assur. ances on your behalf are authorized to do so and to act on your behalf with respect to any issues that may arise during processing of 2. You will comply with the provisions of Federal law which limit certain political activities of your employees whose principal em- ployment is in connection with an activity financed in whole or in part with this grant. These restrictions ate set forth in 5 U.S.C. § 1501, 3. You will comply with the minimtu, n wage and maximum hours provisions of the FederaJ Fair Labor Standards Act, if they apply to you. 4. You wtli establish safegua~is, if you have not done so already, to prol'u'bit employees from u~ing their positions for a pm'pose that is, or gives the appearance of being, motivated by a desL"e for private gain ~ot themselves or others, particularly those with whom they have family, busiress or other ties, $. You will stye the Department of Justice or the Comptroller General access to and the nght to examine records and documents related to the grant 6. You will comply with all requirements imposed by the Depart- ment of Justice as a condition or adnUnistrative requirement of the grant;, with the protein guidelines: with the requirements of OMB Circulars A-87 {governing cost calculations) and A-128 or A-133 (gov- erning audits); with the applicable provisions of the C)mnJbus Crime Control and Safe Streets Act of 1968, as amended; with 28 CFR Part 66 (L/nfforvn Administrative Requirements); with the provisions of the curwn! edition ot the appropriate COPS grant owner's manual; and with all other appbicab[e laws, orders, regulat~om or arculars. 7. You will, to the ~.,tent prac~cable and consistent ~th apphcable law, seek, recruit ana lure qualified members oi~ racial and ethnic minority groups and qualified women m order to further effective law en/orcement by increasing their ranks within the sworn posi- tions in your agency. ' 8. You will noL on the ground of race, color, religion, national origin, gender, disability or age, unlawfulJy ~dude any person bom partic- Ipation in. deny the benefits of or employment to any person, or sub- ject any person to ~rion in cor~nection with any pm~rarns or activities funded in whole or in part with Federal funds. These civil rights requLrements a~ found in the non-discrimination ptovi. sions of the Omnibus Crime Control and SMe Streets Act of 1968, as amended {42 U$.C. § 3789(d)); TiUe V1 of the Civil Rights Act of 1964, as amended (42 U$.C. § 2030d); the Indian Civil Rights Act (25 U~C ~ 1301-1303); Section 504 of the Rehabilitation Act of 1973, as ~rnend, ed (29 U$.C. § 794): Title II, Subtitle A of the Americans with DLsablh fries Act (ADA) (42 U~.C. § 12101, et seq.); the Age Discrimination Act of 1975 (42 U.S.C. § 6101, et seq.); and Department of Justice Non-DLscfimination Regulations contained in Title 28, Parts 35 and 42 (subparts C, D, E and G) of the Code of Federal Regulations. A. l.n the event that any court or administrative ageno,.' makes a finding of discrimJnation on grounds of race, color, religion, national origin, gender, disability or age against you after a due process hearing, you agree to forward a copy of the finding to the Office of Civil Rights, Office of Justice Programs, 810 7th Stn'et, N~; Washington, DC 20531. B. ff you are applying for a grant of $500,000 or more and Depart- ment regulations (28 CFR 42.301 et seq.) require you to submit an Equal Opportunity Employment Plan, you will do so at the lime of this application, if you have not done so in the past. l/you are applying for a grant of less than $500.000 and the regulations requLw you to rnamtam a Plan on file in your office, you will do so within 120 days of your grant award. 9. You wi.L[ in.sure that the fadlities under your ownerslup, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of ~,qolafing FacLLities and that you will notify us i~you am advtsed by the EPA indicating that a facility to be used in this grant is under consideration for listing by EPA. I0 If your stale has established a review and comment procedure under E~ecutive Order 12372 and has selected this program for review, you have made this applicahon available for review by the state Single Point of Contact. 11. You will devise a plan to retain the increased luring level with state and local funds after the conclusion of your grant. (a) Ablde by tt~ terms of the stamnent: ,r,d a vtolatic~ of · crlmh~ drug statute occurring tn the work- (v} ~ the aS, mO'. tn wrlttng, within ~0 c~enci,r da~ afft~r ~.cehrtng n<xic~ under subparagraph (ivXb) from an employee m oeerv~e ~c~iving actual notice of such co. vic- tton. Employ~ o~ C°nvict~ employees must pu:~kie noti~, indudia8 pmi~ke Utle, t~ COPS OIB~, 1100 ~ Ave., (vi) Taktn$ one of ee foUowln8 actions. ,vie,in 3O ca{er,dar .day~ of R,c~ivin$ notice under subparasm'aph (iv)(b), w~th (a) Taking appr~da~e p~t~nnel action against such an ~'~ployw, up to ar~ L,~c~ te~rn~nat~ofl, consistent with h'me req~ of U'me Rehabilitation Act of 1973, u amend- (b) Requiting such emp{oyee to participate satisfactorily in a such puq:,eses by a Federal state or local health, law enfo~:e- (vii} Making · 8xx~d ~th effort to tongue to maintain a dinS-free wca'kpbee through implementation of paragraphs (i), (U), 0'iL (iv). (v) and (vi). The gr'antt~ may tnserl in the spac~'pn~lded below the site(s) for Ume petformarce of work done in connection with the spectik: ~ o~ i:~fonnar~ (strt~ ad ,.d;!t~ city, county, s~at~, zip cxxle) ~ I:I if there aze work:pL~:es m file ti~t a. re not idenl~-ied h~. ~or DepatUr, mt of Iustlc~ ~u~z~8. States and mt~ aKendes may elect to use C~ Form 4061/7. Check Off the state has ek.~ to complete O~ Form 4061/7. · Coordl~tion The Publk Safety P~ and Corru'nuniry Policing Act of 1994 ~ applicants to cer'dYy that tfiere has been approprLate coordb nation with ~11 ~ that may be afl%cted by the appOcant's grant proposal ff approved. Aifected agencies may L,~ude. among others. the Offx~ of the United States A,orrey, state or local prosecutors, or c'ot't~oflal ag~tv:ies. The applicant ~ tAat ~ ~as bet. n . appropria,- coordination with all affected agx. ndes. S. Non-Su~tinS The app ~t~:ant l'ert, by ct, rU.q~ that Feder~ funds will no~ be used to rtThce o~ supplant sram or local ~'~cis. or Emds supplied by the Bu~au of lndJa~ Affairs, t~t would, tn t~e absence of Federal aJcl, be made avaitab~e to or for taw enfomement puzTeees. 6. Retent~o~ The applicant htR, by oertifies that it understands that it must abide by its submitted plan to ~ the adciitionai o6~cer peeitions at the conclusion of the 8rant period. GranteeNameandAd,:i~M: Collier Count Sheriff's Office, 3301 Tamiami Trail East, Bldq:_. J. Naples, Florida 34112 Sigr'a~'.~. -- Dart. 5/7/99 As the d~ly futhor~:ed reFrgsent, n'~ o/ th~ ~cr~er~.~ body, I hewerV cert~/y that th~ I am Ired,rig th~ Kon,, ~ r t/wpmn to n~t~in. ~ oln,'m oj~,azs u,.tlf not rrt/a~ t~r go~nlng f,o, ty o/its obtig~Aions ?irt t~s ~-ant: .,.], . : A ~ · ' , . . . . - . ; ~ : 2 5 .99 U. $, Department of Justice Office of Community Oriented Policing Services COPS In School Award Application Organization's Name: Grant #: OR/#: Vendor #: Law Enforcement Executive Name: ~4ddress: City, State, Zip Code: Telephone: Fax: Government Executive Name: .~ddress: City, State, Zip Code: Telephone: Fax: Collier County Sheriff's Department 2000SHWX0839 FL01100 596000561 Sheriff Don Hunter 3301 Tamiami Trail East Building J Naples, FL 34112 (941) 774-4434 (941) 793-9333 Chairman Timothy J. Constantine 3301 Tamiami Trail East, Building F Naples, FL 34112 (941) 774-8393 (941) 774-3602 Award Start Date: Award Amount: September 1, 2000 $ 1,500,000 Award End Date: August 31, 2003 Number of Officers: Full Time: 12 Part Time: 0 S EP 1 3 2000 Thomas Frazier Date Director By signing this award, the signatory officials are agreeing to abide by the Conditions of Grant Award found on the reverse side of this document: Don Hunter, Sheriff of Collier County 10/10/00 Sig eat Executive with the Typed Name and Title of Law Enforcement Florida Date authority to accept this-gnat award. Executive. /~ffatu.l",e,'~i-6c~.'~lfient. E,~ecutive with Typed Name and Title of Government Date 't~e .a,~U~h~yity.-~t,o,.a~ ?,c: ~t4bfis grant award. Executive '..,".'~%_<':..',,...::~ :~",~. Chairman of Collier County Commission ',..,-~'". ,~ '-OC_. ~..~ Acct Class: ": co :R2202~ Award ID: 60705 HAY 2 5 J99 161 10. 11. CONDITIONS OF C. RAHT AWARD · The funding under this project is for the payment of SALARIES AND APPROVED FRINGE BENEFITS for three years for sworn entry level career law enforcement officers, lateral transfers, or rehired officers. Any portion of salaries above entry level must be provided for by the grant recipient. Overtime, training, weapons,. communication equipment and vehicles cannot be paid for with COPS funding. ' Prior to withdrawing funds under this award, the recipient must provide the Control Desk, Office of the Comptroller, with the recipient organization's fiscal year and the name of the recipient organization's cognizant Federal agency. COPS Universal Hiring grant funds must be used to hire one or more new, additional career law enforcement offiCers, beyond the number of office~ that would be hired or employed by the grantee in the absence of the grant. Unless authorized in writing by the COPS Office, grant funds may not be applied to the salary or benefits of an offiCer hired by a grantee prior to the Award Start Date listed on the front of this document. Your agency is expected to retain the positions funded by COPS in School grant funds at the conclusion of the federal grant funding for at least one local set budget cycle, in accordance with the retention plan contained in your grant application. For grants of $500,000 or more, the grantee acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if grantee is required to submit one under 28 CFR 42.302) that is al~proved by the OffiCer of Justice Programs, Office of Civil Rights, is a violation of its Assurances and may result in ~he suspension of the drawdown of funds. For grants under $500,000, the grantee mttst submit a completed EEOP Certification form and return-it to the Office of Justice Programs, Office of Civil Rights within 120 days of the grant award. In order to assist the COPS Office in the monitoring of the award, your agency will' be responsible for submitting semi-annuai progress reports and quarterly financial reports. As _those reports become due, your Grant Advisor will provide you with the forms and information necessary for compliance. Requests for extensions, without additional funding, of the grant award period should be submitted in writing no sooner than two years after the official start date of the award to your Grant Advisor. Officers funded under this grant may only be involved in activities or perform services that exclusively benefits your agency and the population that it serves. If your agency provides these office~ to another agency through a contractuai arrangement, your agency is responsible for ensuring that this arrangement is in compliance with the conditions of your grant. - The COPS Office may conduct a national evaluation of the Community Oriented Policing Services (COPS) program. The grantee agrees to cooperate with the evaluntors. The grante~ agrees to abide by the terms, conditions and regulations as found in the COPS Universal Hiring Grant Manual The recipient agrees to complete and keep on file, as appropriate, as Immigration and Naturalization Service Employment Eligibility Verification Form (1-9). This form is to be used by recipients of federal funds to verify that persons are eligible to work in the United States. SFY 2000 Drug Control and System Improvement Formula Grant Program Edward Byrna Memorial State and Local Assistance In w~tness whereof, the par'des affirm they each have read nnd agree to conditions set forth in this agreement have read and understand the agreement In ~ entirety and have executed this agreement by their duly authored officers on the date, month and year set out below. Type Name and Wife: Date: Date: . Corrections on this page, including strike-overs, whiteout, etc., are not acceptable. State of Florida Department of Community Affairs Bureau of Community Assistance Subgrant Recipient Authorizing Official of Governmental Unit (Commission Chairman, Mayor, or,. Designated Representative) · ·'' ssion FEID Number: 59-6_000-558 Implementing Agency Official, Administrator or Designated Representative Date: 5/5/99 , .' Approved as to form fa lecal ~l~a[at~nt County Attorney Sec~n/~. P~ge 22 o/16 3301 Eul Tm'niaml Trail * Naples, Florida 34112-4977 (941) 774-8097 · F~x (941) 774-3602 lay:'25, 1999 161 )f FZorida Department of Co~unity Affairs Bureau of Public Safety Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 <"'Attn: Mr. Clayton H. Wilder %i Re: Byrne Grant Signatory Authority Dear Mr. Wilder: Pursuant to the referenced Grant, Sheriff Don Hunter has my ~i~"permission to have signatory authority on any applicable grant documents. ..... ~: ~ ..... Sheriff ' .z d further info on, please feel free to contact me. Chairwoman Collier County Commission D~ldct 1 ~me~ D. Carat, Ph.D. Bureau of Co~nity Assistance Department of Co~nity Affairs 255~)ShU~rd Oak Boulevard Tall~assee, Florida 32399-2~00 3.t01 East T&mlaml Trail · Naples, Florida 34112-4977 (941) 774-8097 · Fax (941) 774.3602 Re: Compliance with Equal Employment Opportunity (EEO) ~i; Program Requirements -- Criminal Justice Agency Dear Mr. Wilder: 161 3'J I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that .... iii!ilCriminal Justice Agency: :!_XDoesmeet Act critefia. __Does not meet Act Criteria. Name and Title :%' ? ~; . .:, : t ' . I affirm that I have read the Act criteria set forth in ~ ~I~L~~. I understand that if the implementing agency meets these criteria, it must participate in the subgrant recipient's EEO Program or formulate, implement and maintain its own written EEO Program relating to employment practices affecting minority persons and women. I also affirm that the implementing agency .... !~?'~ X Has a cu~ent EEO Progr~n Plan. __Does not ha¥c a cu~cnt EEO Program Plan. i~i!i I further affirm that if the implementing agency meets the Act criteria and does not participate in the subgrant recipient's EEO Program or does not have its own written EEO Program, federal law requires it to participate in such a program or formulate, implement, and maintain its own program within 120 days .after a subgrant application is approved or face loss of federal funds. By: Collier County Sheriffs Office 3301 Tam,ami Trail East Building 'J' Naples, FL 34112 Telephor (AC 941'~ 774.4434 September 28, 1999 Board of Collier County Comnfissioners 3301 Tamiami Trail East F Naples, Florida 34112 ;/?' Attn: Board Chairwoman Pamela S. Mae'Kit Re: Sheriff's Office Anti-Drag Act Formula Grant Ce~ification of Acceptance of Subgrant Award O0-CJ-DS-09-21-01-O03/Street Gang Prevention and Apprehension Program III Dear Para, .The Sheriff's Office has been awarded third year fi~ntling from tile Florida l)cparlmcnt of Community Affairs for tile Street Gang Prevention and Apprehension Program. On May 25. 1999 the Board endorsed thc Sherill's Office application documents and ;,greed to authorize acceptance of thc grant upon award of fi,ndinu. In order to accer)t t lis ~rant awl, rd. the attached Cert,ficat,on of Acceptance of Subgrant Award needs vot, r signatt re Please call Grants Coordinator Joyce tlot,n,n at 793-9346 if you h~,vc any questions. SinCerely, Crystal~K. Kinzel"- Financg Director Enclosure State of Florida Department of Community Affairs Division of Housing and Community Development Bureau of Community Assistance 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 CERTIFICATION OF ACCEPTANCE OF SUBGRANT AWARD The subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award number 00-CJ-D8-09-21-D1-003 in the amount of $74,711, for a project entitled: Street ~ang Prevention and Apprehension Program III for the period of 10/01/1999 through 09/30/2000, in accordance with the statement of work contained in the subgrant application, and subject to the Department of Community Affairs' conditions of agreement and special conditions governing this subgrant. ~f~icial) ~ance) Pamela S. Mac'Kie, Chairwoman CollierCounty Cc~mission (Typed Name and Title of Official) Approve! as to form · tmsta::t co~t~ ATTEST: "' ' ' '~' '"'" DWIGHT E. BROCK,.CLER~2./ Attest as to Chatmaln:s' ...... j[ ....... ~ignature only. (June, 1985) Ileriff Collier County Sheriff's Ofhce 3301 Tamiami Trail East Building "J' Naples, FL 34112 Telephone (AC 941) 774-4434 October 4, 1999 ~ Board of Collier County Commissioners 3301 Tamiami Trail East Building F Iples, Florida 34112 161 Re: Board Chairwoman Pamela S. Mac'Kie Sheriffs Office Anti-Drug Act Formula Grant Certification of Acco prance of Subgrant Award Dear Chainvoman Mac'Kie, ~}ffhe Sheriffs Office has been awarded fourth year funding from the Florida l)epartment of ~;~'!~Community Affairs for the SHOCAP Program. On May 25, 1999 the Board endorsed thc Sheriffs application doctlments alld agreed to authorize acceptance of the grant upon award of funding. In order to accept this grant award, the attached Certification of Acceptance of Subgrant Award needs your signature. Please call Grants Coordinator Joycc I louran at 793-9346 if you have any questions. .:Sincerely, Finance Director Enclosure 3 State of Florida Department of Community Affairs Division of Housing and Community Development Bureau of Community Assistance 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 CERTIFICATION OF ACCEPTANCE OF SUBGRANT AWARD The subgrantee, through its authorized representative, !i!~'acknowledges receipt and acceptance of subgrant award number 00-CJ-DS-09-21-01-004 in the amount of $135,600, for a project entitled: Serious Habitual Offend.r Comprehensive Action Plan (SHOCAP) Program IV for the period of 10/01/1999 through 09/30/2000, in accordance with the statement of work contained in the subgrant application and subject to the Department of Community Affairs' conditions of agreement and special conditions governing this subgrant. (Typed Name and Titl_ of Official) ,;~;:~DCA-CJ Form 1 Approved 9.s to form & le~gl sst; £, 3.?: '? ~t~t Couat7 Attorney' (June, 1985) SFY 2000 Drug Control and System Improvement Formula Grant Program Edward Byrne Memorial State and Local Assistance 161 In witness whereof, the parties affirm they each have reed end agree to conc[~ons set forth in this agreement, have mad and understand the agreement in its entirety end have executed this agreement by their duty euthodzed of Jfcers on the date, month end year set out below. Corrections on this page, Including strike, overs, whiteout, etc., ere not acceptable. State of Florida Department of Community Affairs Bureau of Community Assistance B~.__~ Type Name and Title: Date: Subgrant Recipient Authorizing Official of Governmental Unit (Cornmission Chairman, Mayor, or Designated Representative) BT~~llier Date: FEID Number: Countv Commission 59-$000-55~ Implementing Agency _ Offlci? Aclministralor or Design.ted Represent. five Dale: 5/5/99 Approved u to form & ]egRl st,f.:,., r~ ... ~[ata~t Count~ Attorne.1. SecOofl II. Page 21 Of 16 D~t~t 1. 3301 East Tamlm'nl Trail · Naples, ~ 34112-4977 (941) 774-6097 · F&x (941) 774-3602 May 25, 1999 ~State of Florida Department of Community Affairs Bureau of Public Safety Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Attn: Mr. Clayton H. Wilder Re: Byrne Grant Signatory Authority · Dear Mr. Wilder: Pursuant to the referenced Grant, Sheriff Don Hunter has my permission to have signatory authority on any applicable 9rant documents. SIGNATURE If you need further information, please feel free to contact me. Sincerely, Collier County Commission 161 %¸- JOhn C. Noma D~lf, ct 1 jame~ D. Ca~t~. Ptl. D. D~tf~t 2 East Tamlaml Trail. Naples. Flora ::M 112.4977 (941) 774.809';' * Fax (941) 774.3602 Mr. Clayton H. Wilder Community Program Administrator Bureau of Community Assistance Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Re: All[~l: <,':, t · % !.¥,t~.. . DWIGHT .~BRO'C~, CL%~ . .:'.. Compliance with E~al ~lo~ent ~portunity (EEO) Pr~ram Retirements -- Criminal Justice Agency Dear Mr. Wilder: I, the undersigned authorized official, certify that according to Section 501 of the (~nnibus Crime Control and Safe Streets Act of 1968 as amended, that .... Criminal Justice Agency: _X_Does mm Act criteria. __Does not meet Act Criteria. I affirm that I have read the Act criteria set forth in ~ ~i~J~3Af~. I understand that if the implementing agency meets these criteria, it m~st participate in the subgrant recipient's EEO Program or forraulate, inclement and maintain its own written EEO Program relating to employment practices affecting minority persons and women. I also affirm that the implementing agency .... XHas a current EEO Program Plan. __Does not have a current EEO Program Plan. I further affirm that if the implementing agency meets the Act criteria and does not participate in the subgrant recipient's EEO Program or does not have its own written EEO Program, federal law requires it to participate in such a program or formulate, implement, and maintain its own program within 120 days after a subgrant application is approved or face loss of federal funds. Name and Title: ' ' ' Approved as to form & b ,:al ~utf;cie,n~.? Assl~t~mt County Attorney Date:~ DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 COLLIER COUIifTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC IlEARINGS 17A To: Clerk to the Board: Please place the following ns a: XXX Normal legal Advertisement [] Other: {Display Adv., location, etc.) OriginatingDept/Div: Comm.Dev. Serv./Planning Pcrson: Susala Murray Date: 4/14/99 Pctition No. (Ir none, give brief description): ~ Petitioner:. (Name & Address): ' f ni 000 Pin r V n' 34 92 Name & Address of any person(s) to be notified by Clcrk's Officc: (If more space is needed, attach separalc sheet) .~.~g.~.,_ tua A ' t 2180 Wes Fi t uit 210 Ft M'cr FL 3 Healing before XXX BCC . BZA · Other Requested Heanng date:~ Based on advertisement appearing 15 days before hearing. Newspai~r($) to be used: (Complete only if important): XXX Naples Daily Ne~ Other [] Legally Required Proposed Text: (Include legal description &. common Iog'lliOn & Size: ~ ~ " Companion petition(s}, ir any & proposed hearing date: ".,.~¥,.t.~ "~ C¢.~.,~.,~-~ '~· Doe~ Petition Fee include adverti$i~§ cost*. [] No Il' Yes. wha! account should be charged for advertising costs: i13-138323-649110 ~<~ ~,"~ ~t--~ t Reviewed by: {/ID '"r- ~ Approved by: Date Count)' Manager List Atlachmcnts: DISTRIBUTION INSTRU(~TIONS For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division IIcad nl,proval befl~re submitting to County Manager. Note: if legal document ;m invoh'ed, be sure that any necessary, legal review, or request for same~ is submitted to County Atlorney before submiltlnR to County Manager. The Manager's office will di.~tribule copies: [] County Manager agenda file: to [] Requesting Division [] OriRin:d Clerk'~ Office B. Olher hearings: Initiating Division head to approve and submtt original Io Clerk's Office, retaining a copy for : Date Received: ,/-/,,~.$.Y£,e Date of I'ublic he:lring: '~ Dale Adverli~d: 17A L - ~0~ ' .-41, '/'74-8408 - - :1::]~ ' -9,11 774-8406 April 16, 1999 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Petition PUD-84-11 (2) The Vincentian Dear Pam: Please advertise the above referenced notice one time on Sunday, May 9, 1999 and kindly send the Affidavit of Publication, in ~duplicate, together with charges involved to this office Thank you. Sincerely, Lisa Steele, Deputy Clerk Purchase No. 912501 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESD%y .MAY 25 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 proposed Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNICORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 0632N; BY CHDdgGING T~E ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD- TO "PUD. PLAN~ED UNIT DEVELOPMENT KNO;~ AS VINCENTIDdg, FOR PROPERTY LOCATED AT THE SOUTHEAST CO~{ER OF SOUTHWEST BOULEV;LRD AND TAMIAMI TRAIL EAST (U.S. 41), IN SECTION 32, TO~SHIP 50 SOUTH, RANGE 26, EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 30± ACRES; PROVIDING FOR THE REPEAL OF ORDIN~;CE NUMBER 91-88, AS AMENDED, THE FORMER VINCENTIAN PUD; A~D BY PROVIDING ~ EFFECTIVE DATE. Petition No. PUD-84-11 (2), Greg Stuart of Stuart & Associates, representing the Diocese of Venice, requesting to rezone lands now zoned PUD to a new PUD to comply with the Sunsetting Provisions of the Land Development Code and which will continue to be known as the Vincentian pUD having the effect of eliminatin9 certain uses; converting 8.5 acres for commercial land uses; allowing for assisted living facilities, 11.7 acres for preservation purposes and increasing the residential density from 3 dwelling units per acre to 4 dwellng units per acre for property located at the southeast corner of Southwest Boulevard and Tamiami Trail East (u.s. 41). 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. NOT___~, Ail 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. Ail ~aterial 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 PAM~LAS. MAC'KIE, CHAIRWOMAN DWIGHT E. BROCK, CLERK Steele, Deputy Clerk 17/1 April 16, 1999 The Diocese of Venice 1000 Pinebrooke Road ~Venice, FL 34292 Public Hearing to Consider Petition PUD-S4-11 (2) The Vincentian Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 25, 1999 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, May 9, 1999. You are invited to attend this public hearing. Sincerely, Lisa Steele, Deputy Clerk Enclosure April 19, 1999 Greg Stuart Stuart & Associates 2180 West Ffrst Street Suite 210 Ft. Myers, FL 33901 Public Hearing to Consider Petition PUD-84-11 (2) The Vincentian Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 25, 1999 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, May 9, 1999. You are invited to attend this public hearing. Sincerely, Lisa Steele, Deputy Clerk Enclosure ORDINANCE 99- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS N73MBERED 0632N BY CH3~NGING %-HE ZONING CLASSiFICATiON OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD. PLAN/gED DE~LOPMENT KNOWN AS VINCENTIAN, FOR PROPERTY LOCATED AT THE SOU/7{EAST CORNER OF SOU77~WEST BOULEVARD AND TAMIAMI TRAIL EAST (U.S. 41), IN SECTION 32, TOWNSHIP 50 SOUTh, RANGE 26 EAST, COLLIER COUN/~, FLORIDA, CONSISTING OF 30+ ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NTJMBER 91-88, AS AMENDED, THE FORMER VINCENTIAN PbqD; BY PROVIDING AN EFFECTIVE DATE. W}{EREAS, Greg Stuart of Stuart & Associates, representing The Diocese of Venice, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW THEREFORE BE iT ORDAINED BY THE BOARD OF COL~;TY COMMISSIONERS OF COLLIER COU~f, FLORIDA; The Zoning Classification of the herein described real property located in Section 32, Township 50 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, a~tached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered 0632N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. '' Ordinance Number 91-88, as amended, known as the Vincentian PUD, adopted on September i6, 1991 by the Board of Count}, Co,~nissioners of collier County, is hereby repealed in its entirety. SECTION gT{R~E; This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 1999. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency BY: PAMELA S. M~C'KIE, Chairwoman Assistant County Attorney Exhibit A PLANNED UNIT DEVELOPMENT DOCUMENT FOR The Vincentian PUD A Mixed Use Development Prepared by: Stuart and Associates 2180 West First Street. Suite 210 Fort Myers, Florida 33901 p UD84- 11~') Date Reviewed by CCPC: Date Approved by BCC: Orchnance Number Exhibit ].7A TABLE OF CONTENTS STATEMENT OF COMPUANCE SECTION I Property Ownership & Description SECTION I! Project Development SECTION III Residential District SECTION IV Community Commercial District SECTION V Reserve District SECTION VI General Development Commitments PAGE 3 5 7 12 16 19 21 LIST OF EXHIBITS EXHIBIT 'A' EXHIBIT 'B' PUD Ordinance Master Plan & Water Management Plan STATEMENT OF COMPLIANCE The development of approximately 30+/- acres of property in Section 32, Township 50 South, Range 26 East, Collier County, as a Planned Unit Development to be known as The Vincent/an PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The commercial and residential/group housing facilities of the Vincenfian PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1. The subject property is located along the South US 41 corridor, between Rattlesnake Hammock Road and CR 951, and is classified as Urban Coastal Fringe as identified on the Future Land Use Map. The Future Land Use Erement permits commercial infill, residential and group housing land uses in this area. Bounded to the north and south by highway commercial uses, the site is well suited as a commercial infill property for the US 41 frontage and for residential/group housing along Southwest Boulevard. 2. The subject property's location in relation to existing or proposed community facilities and services permits the development's intensity of land use as required in Objective 2 of the Future Land Use Element, and Policies 2,2, 2.3, 2.4, 2.5 and 2.6. 3. The project development promotes sound planning and ensures land use compatibility as required by Objective 5 of the Future Land Use Element, The project development is compatible with and complementary to existing and future surrounding commercial land uses to the north and south, and existing and future surrounding residential land uses to the northwest, west and southwest, as required by the Commercial In-fill policy and Policy 5.4 of the Future Land Use Element. 4. The project shall be in compliance with all applicable County regulations including the Growth Management Plan. 5. All final development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code as set forth in Policy 3.1 of the Future Land Use Element. 6. GrOup Housing, which includes adult living facilities and nursing homes, is permitted in the Urban Coastal Fringe Area per Policy 5.8 of the Future Land Use Element. 7. The Vincent/an PUD is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 8. The project will be served by a complete range of services and utilities as approved by the County. 17A 9°' The entire subject property qualifies for a base density of four dwelling units per acre. The subject property qualifies for group housing densities consistent with LDC Section 2.6.26 and is therefore consistent with Future Land Use Element Policy 5.1. SECTION 1 PROPERTY OWNERSHIP AND DESCRIPTION 1.t PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the name of The Vincentian PUD '1,2 LEGAL DESCRIPTION A parcel of land located in Section 32, Township 50 South, Range 26 East, Collier County, Florida, being more particularly described as follows: COMMENCING AT THE COUNTY MONUMENT MARKING THE EAST I/4 CORNER OF SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, Tills MONUMENT BEING TIlE POINT OF BEGINNING; THENCE RUN NORTH 02 DEGREES 47 MINUTES 30 SECONDS EAST, ALONG THE EASTERLY BOUNDARY OF SECTION 32. A DISTANCE OF 826.25 FEET TO THE INTERSECTION OF TIlE EASTERLY BOUNDARY OF SECTION 32 AND THE SOUTHEASTERLY RIGttT-OF-WAY OF TAMIAM! TRAIL (U.S. 41}, SAID INTERSECTION BEING 200 FEET AT RIGIlT ANGLES TO TIlE CENTER LINE OF TAMIAM! TRAIL AND 9.27 FEET WEST OF THE POINT OF TANGENT OF THE RIGltT-OF. WAY CURVE; THENCE, FROM SAID INTERSECTION POINT, RUN ALONG THE RIGIIT- OF-WAY ARC, A DISTANCE OF 884.45 FEET TO THE POINT OF CURVE, SAID CURVE ttAVING A DELTA ANGLE OF 15 DEGREES AND 2 ! MINUTES RIGHT, A TANGENT LENGTtl OF 438.76 FEET, A RADIUS OF 3255.85 FEET AND A DEFLECTION ANGI.E OF 00 DEGREES 52 MINUTES 40 SECONDS; THENCE, FROM SAID POINT OF CURVE RUN NORTH 39 DEGREES 04 MINUTES WEST, ALONG THE RIGHT-OF-WAY TANGENT. FOR A DISTANCE OF 76. I I FEET TO A CONCRETE - MONUMENT SET ON THE EASTERLY BOUNDARY OF TRAIL ACRES SUBDIVISION AS RECORDED IN PLAT BOOK 3 AT PAGE 50 OF TIlE PUBLIC RECORDS OF COLLIER COUNTY' THENCE SOUTH 50 DEGREES 56 MINUTES WEST, ALONG THE EASTERLY BOUNDARY OF ~RAII. ACRES SUBDIVISION, A DISTANCE OF 958.3? FEET TO A CONCRETE MONUMENT; TttENCE SOUTH 39 DEGREES 40 MINUTES EAST, A DISTANCE OF 1082.32 FEET, TO A CONCRETE MONUMENT SET ON THE SOUTH BOUNDARY OF THE NORTHEAST i/4 OF SECTION 32; THENCE ALONG SAID BOUNDARY OF THE NORTHEAST I/4, BEARING SOUTH g7 DEGREES 3 i MINUTES 45 SECONDS EAST, A DISTANCE OF 696.20 FEET TO A COUNTY CONCRETE MONUMENT, TIlE EAST I/4 CORNER OF SECTION 32. TOWNStllP 50 SOUTH, RANGE 26 EAST, AND TIlE POINT OF BEGINNING; Containing 30.00 acres, more or less. Subject to easements, reservations or restrictions of record. 1.3 ~ROPERTYOWNERSHIP The subject property is currently owned by the Diocese of Venice. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA .. A. The subject property is located along South US 41 of unincorporated Collier ~ County, Florida. The subject property is located within the Urban Coastal Fringe as designated on the Future Land Use Map. · ! , , 1.5 :~;': B. The property is currently vacant. The entire site currently has PUD zoning. PROJECT DESCRIPTION The Vincentian PUD will include a mixture of land uses for commercial and residential/group housing. The Vincentian PUD intends to establish commercial development guidelines and standards to ensure a high and consistent level of quality for proposed features and facilities. Uniform guidelines and standards will be created for landscaping, r~ghting, fences and buffers. The Master Plan is iljustrated graphically on Exhibit 'A' PUD Master Plan. Individual Tract land use acreages are identified within the master plan. 1.6 SHORT TITLE This Ordinance shall be known and cited as the 'Vincentian Planned Unit Development Ordinance.' 17A SECTION !i PROJECT DEVELOPMENT 2.2 2.3 pURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. GENERAL A. Regulations for development of The Vincentian PUD shall be in accordance with the contents of this document, PUD-Planned Unit Development District, applicable sections and parts of the Collier County Land Development Code and Collier County Growth Management Plan in effect at the time of local final development order or building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Collier County Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the date of adoption of this PUD. C. Ail conditions imposed and graphic material presented depicting restrictions for the development of The Vincentian PUD shall become part of the regulations that govern the manner in which the PUD site may be developed. D. Unless specifically waived through any vadance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for this PUD remain in full force and effect. E. Development permitted by the approval of this petition will be subjected to a concurrency review under the provisions of Division 3.15 Adequate Public Facilities of the Collier County Land Development Code at the earliest, or next, to occur of either Final Site Development Plan approval, Final Plat approval, or building permit issuance applicable to this development. PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan is iljustrated graphically by Exhibit "A.", PUD Master Plan. B. Minor modifications to Exhibit 'A" may be permitted at the time of Site Development Plan approval, subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code or as otherwise permitted by this PUD Document. 2.4 2.5 2.6 2.7 2.8 2.9 C. In addition to the various areas and specific items shown in Exhibit "A", easements (such as utility, private, semi public, etc.) shall be established and/or vacated within or along the property, as may be necessary. LAND USE Ao Exhibit 'A", PUD Master Plan, constitutes the required PUD Development Plan. Except as otherwise provided within this PUD Document, any division of the property and the development of the land shall be in compliance with the Subdivision Regulations and the platting laws of the State of Florida. The provisions of Division 3.3, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 prior to the issuance of a building permit or other development order. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and the methodology for providing perpetual maintenance of common facilities. AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in Section 2.7.3.5 of the Collier County Land Development Code. MODEL HOMES Model Homes and Model Home Sales Centers shall be permitted as provided for in Section 2.6.33.4 of the Collier County Land Development Code. LIMITATIONS .OF PLANNED UNIT DEVELOPMENT APPROVAL This PUD is subject to the sunset'ting provisions as provided for within Article 2, Division 2.7, Section 2.7.3.4 of the Collier County Land Development Code. PUD MONITORING An annual monitoring report shall be submitted pursuant to Article 2, Division 2.7, Section 2.7.3.6 of the Collier County Land Development Code. DEDICATION AND MAINTENANCE OF FACILITIES The Developer shall create appropriate property ownership association(s), which will be responsible for maintaining the roads, streets, drainage, common areas, and water and sewer improvements where such systems are not dedicated to the County. 2.'10 OPEN SPACE REQUIREMENTS A minimum of thirty percent (30%) of the project's gross area shall be devoted to open space, pursuant to Article 2, Division 2.6, Section 2.6.32 of the Collier County Land Development Code. The total project is 30 +/- acres requiring a minimum of 9 acres to be retained as open space throughout The Vincentian PUD. This requirement shall not apply to individual development parcels. 2.t'1 ~ATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Article 3, Division 3.9, Section 3.9.5.5.3 of the Collier County Land Development Code, 25% of the viable naturally functioning native vegetation on site shall be retained. 2..12 J~OLLING PLACES Pursuant to Article 3, Division 3.2, Section 3.2.8.3.14 of the Collier County Land Development Code, accommodation shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place. 2.t3 SIGNS Signs shall be in accordance with Article 2, Division 2.5 of the Collier County Land Development Code. 2.t4 LAKE SETBACK AND EXCAVATION The lake setback requirements described in Article 3, Division 3.5, Section 3.5.7.1 of the Collier County Land Development Code may be reduced with the administrative approval of the Collier County Engineering Review Manager. All lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1; however, removal of fill from The Vincentian PUD shall be limited to an amount up to 10 percent per lake (to a maximum of 20,000 cubic yards) of the total volume excavated unless a commercial excavation permit is received. 2.15 EXCAVATION AND VEGETATION REMOVAL A. Improvement of property shall be prohibited prior to issuance of a building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced pdor to the issuance of a building permit where the development proposed requires a building permit under the Land Development Code or other applicable County regulations. Exceptions to this requirement may be granted ~ the Community Development and Environmental Services Administrator for an approved Subdivision or Site Development Plan to provide for distribution of fill excavated on site or to permit construction of an approved water management system, to minimize stockpDes and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the standards of Section 3.2.8.3.6. of the Code. Removal of exotic vegetation shall be 9 exempted upon receipt ota vegetation removal permit for exotics pursuant to Division 3.9 of the Land Development Code. Bo A site clearing, grading, filling and revegetation plan where applicable shall be submitted to the Community Development and Environmental Services Administrator or his designee for review and approval prior to any clearing, grading or filling on the property. This plan may' be submitted in phases to coincide with the development schedule. The site-clearing plan shall cleady depict how the improvement plans incorporate and retain native vegetation. The site specific clearing, grading, and filling plan for a Subdivision or Site Development Plan may be considered for review and approval under the following categories and subject to the following requirements: 1. Removal of exotic vegetation is permitted upon receipt of a vegetation removal permit pursuant to Division 3.9. Additional site alteration may be permitted or required to stabilize and deter reinfestation by exotics subject to the following: a. Provision of a site filling and grading plan for review and approval by the County; b. Provision of a revegetation plan for review and approval by the County; c. Payment of the applicable review fee for site alteration plan review. 2. Site filling exceeding 25 acres to propmty utilize fill generated on site, but which does not require the removal of more than 25 acres of protected vegetation, may be approved by the Community Development and Environmental Services Administrator subject to submission of the folloW~ng: a. A site-clearing plan shall be submitted for review and approval that shows the acres to be cleared. A minimum of 25% of the natural functioning vegetation shall be retained. b. The applicant shall submit a detailed description of the fill and site work activity including a plan indicating fill placement locations and depths, grading plan and water management improvements. c. The applicant shall subm't a detailed revegetatJon plan including a cost estimate. The cost estimate shall include the cost of grading, revegetation and yearly maintenance cost and a time specific schedule on completion of the revegetation work d. The permittee shall post a surety bond or an irrevocable standby letter of ~edit in an amount of 110% of certified cost estimate as previously detailed including the maintenance cost for 3 years. The amount of the security may be reduced upon completion of the approved revegetation plan and upon occupation of the site. A separate security will not be required if such costs are included in the subdivision security. 10 3, A vegetation removal permit is not required for the removal of protected vegetation pdor to building permit issuance if the conditions set forth in Division 3.9 of the Land Development Code have been met. ARCHITECTURE AND SITE DESIGN All commercial buildings, signage, lighting, landscaping and other visible architectural infrastructure shall have a similar architectural theme and be aesthetically unified. Said unified architectural theme shall include: a similar architectural design and use of' similar malerials and colors throughout all of the buildings, signs, and walls to be erected on the site, Landscaping and streetscape materials shall also be similar in design throughout the site. ^ conceptual design master plan shall be submitted concurrent with the first ,,~ application for Site Development Plan approval demonstrating comp!iance with these standards. All commercial buildings shall comply with Division 2.8 of the Collier County Land Development Code (Architectural and Site Design Standards and Guidelines) prior to issuance of a building permit. ii 17A SECTION III RESIDENTIAL DISTRICT 3.1 3.2 3.4 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within The Vincenfian PUD designated on Exhibit "A", PUD Master Plan as 'Residential'. MAXIMUM DWELLING UNITR A maximum number of Four Dwelling Units (4 DUS) per gross acre may be constructed on lands designated "Residential" on the PUD Master Plan. For assisted living facilities, the maximum number of units shall not exceed a factor of 0.45 (0.45 times the area of the property equals the gross floor area). GENERAL DESCRIPTION A. Areas designated as Residential on the PUD Master Plan are designed to accommodate Single-family, Multi-family and Group Housing, along v~th associated recreational facilities, essential services, and customary accessory uses. B. The approximate acreage of the Residential distdct is Nine and eight-tenths (9.8) acres. Actual acreage of all ,development tracts will be provided at the time of Site Development Plan approval m accordance with Division 3.3 of the LDC. The Residential tract is designed to accommodate internal roadways, open space, parks, amenity areas, lakes and water management facilities, and other similar uses. PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered, or used, or land or water used, in whole or part. for other than the following: A. Principal Uses 1. Single-family detached dwelling units. 2. Single-family and zero lot line dwellings. 3. Two-family and duplex dwellings. 4. Single-family attached and townhouse dwellings. 5. Multiple-fami~ dwellings including Garden Apartments. 6. Assisted Living Facilities (ALF's) pursuant to Section 2.6.26 CCLDC. 12 Group Care Facility (category I and category II) pursuant to Section 2.6.26 CCLDC, excluding Homeless Shelters. 8. Nursing home facility pursuant to Section 2.6.26 CCLDC. 9. Group Care units, except homeless shelters, pursuant to Section 2.6.26 CCLDC. 10. Guard houses and entrance gates. 11. Management offices and recreational facilities that serve the group housing development including but not limited to administrative offices, tennis courts, pools, pool cabanas, clubhouses and gazebos. 12. Any other principal use, which is comparable in nature with the foregoing, uses. B. Accessory Uses Uses and structures that are necessary and incidental to uses permitted as a right including, but not limited to, garages and carports. 2. Parks, passive recreational areas, boardwalks, observation platforms. 3. Biking, hiking, health and nature trails. Water management facilities and lakes, including lakes with seawall and other types of architectural bank treatment, and essential services. 5. Recreational shelters, restrooms, off-street parking, lighting and signage. DEVELOPMENT STANDARDS Table 1 sets forth the development standards for land uses within the Residential District. 1. Site development standards for categories 1 -4 uses apply to individual residential lot boundaries. Category 5 standards apply to platted parcel boundaries. 2. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. 3. Development standards for uses not specifically set forth in Table I shall be established during the Site Development Plan Approval as set forth in Division 3.3 of the Land Development Code in accordance with those standards of the zoning district which is most similar to the proposed use. 4. In the case of residential structures with a common architectural theme, the required development regulations may be reduced provided a site plan is approved pursuant to Division 3.3 of the Land Development Code. 13 5: Single-family and zero lot line dwellings are identified separately from single-family detached dwellings with conventional side yard requirements to distinguish these types of residences for the purpose of applying the development standards under Table 1. Zero lot line dwellings shall be defined as any type of detached single family structure employing a zero or reduced side yard as set forth herein. TABLE 1 DEVELOPMENT STANDARDS FOR RESIDENTIAL TRACTS PERMITrED USES AND STANDARDS Minimum Lot Area Minimum Lot Width ~ Front Yard Front Yard for Side Est _ Garn · . Side Yard Rear Yard Principalrf Rear Yard Accessory Maximum Buildi~ Distance Between ~ Structures Floor Ama Min. (S.F.) SINGLE FAMILY DETACHED 1 6,000 SF 25 $ 20 !0 35 i0 1200 SF ZERO LOT LINE 2 5,000 SF 5O 2O 10 35 10 1200 SF TWO FAMILY & DUPLEX 35 2O i0 0or ~ 20 10 35 15 1200 SF SINGLE FAMILY A'VrACHED AND TOWNHOUSE 10 0 or .5 BI] re---- MULTI- FAMILY DWELLINGS - 15 0.5 Bi f 20 10 15 35 .5 SB! I 1200 SF 55 .5 SBH + BI-I; Building Height · SBH: (Sum of Building Height): Combined height of two adjacent buildings for the purposes of determining settxack requirements. Square feet All distances are in feet unless otherwise noted. Front yards shall be measured as follows: k If the parcel is served by a public ROW, setback is measured from the adjacent right-of-way line. S. If the parcel is served by a private road, setback is measured from the back of curb (if curbed) or edge of pavement (if not curbed). C, If the parcel is served by a platted private drive, the setback is measured from the road easement '1 - Rear yards fox I:xinapal and accessory structures on lots and tracts which abut a non-jurisdictional open space or native vegetation preservation area may be zero (0') feet except that when abutting a lake or water body;, an architectural bank treatment shall be incorporated into the design. '2 - Building height shall be the vertical distance measured from the first habitable finished floor elevation to the uppermost finished ceiling elevation of the structure. 14 ~ · °3 - Zero feet (0') or a mimmum of Frye feet [5') on either side except that where the zero feet (0') yard oplion is utilized, the opposite side of the structure shall have a ten foot (10') yard. The first structure built within a series of zero lot line homes shall determine the zero lot hne selback for the subsequent development within that specific housing tract. Each half of a duplex unit requires a lot area allocabon of 3.500 SF for a total m~n~mum lot area of 7.000 S.F. '5 - Minimum lot width may be reduced by 20% for cut-cie-sac lots provUed minimum lot area ma,ntained, j,~-/~( 'B - Zero [0') foot provision does not apply to any exterior wall of a structure, and is intended to apply to ,~u, the common wall or wall along interior Ic~ lines within a series of townhouse or semi-detached uni~. _ y x u.j~ '7 Accessory uses such as any authorized recreational amenity (i.e. pools, spas, landscape~eatures, ~ etc.) may be located wi~in zero (0) feet of a side lot line when adjacent the wall of a residen~.with no window operltngs. ~ uses for Zero lot line homes must be setback a minimum of ~f{)from the adjoining buildillg wall that is permitted alortg ltte lot line. All other setbacks shall be as requ¥'ed by Dlvtslorl 2.6.2 of Itte Land Develop~t Code in effect at the time of building permit application. '8 - Group care facil'~y (category I and catego~' II other than homeless) - 1,500 sq.ft, plus 200 sq.ft, per live-in person, beginning with the seventh live-in person. IS SECTION IV COMMERCIAL INFILL DISTRICT 4.t 4.2 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within The Vincentian PUD designated on the Exhibit 'A", PUD Master Plan as 'Commercial". GENERAL DESCRIPTION A. Areas designated as "Commercial" on the Master Plan are designed to accommodate a full range of commercial uses, hotel/motel, essential services, and customary accessory uses. B. The approximate acreage of the "Commercial" district is eight and one-half (8.5) acres. Actual acreages of all development tracts and outparcels will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.2 and Division 3.3 respectively, of the Collier County Land Development Code. Commercial tracts are designed to accommodate internal roadways, open spaces, lakes, water management facilities, and other similar uses. C. Up to one hundred and fifteen thousand (115.000) square feet of retail or office development is permitted within this Commercial area of the Planned Unit Development 4.3 PE_~SES AND STRUCTURES No building or structure or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures All permitted uses of the C-2 commercial convenience district consistent with the Collier County Land Development Code in effect as of the date of approval of this PUD. 2. Amusements and recreation services (Groups 7911, 7922 community theaters only, 7933, 7991, miniature golf course, bicycle and moped rental). 3. Aut~ and Home supply stores (Groups 5531). Business Sen/ices (Groups 7311,7313, 7322 through 7338, 7361 through 7379, 7384, 7389 except auctioning service, field warehousing, bottle labeling, packaging and labeling, salvaging of damaged merchandise, scrap steel cutting and slitting. 16 places (5813) excluding bottle clubs. Ail establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to the Iocational uirements of section 2.6.10. Hospitals (Groups 8062 through 8069). :~' '7. Meml:~r~hip Organizations (Groups 8611 through 8699). ..:~.,~ 8. Miscellaneous Retail (Groups 5912 through 5963). i~ ~i'~ Museums & Art Galleries (8412) ;,:~..~; ;¢}~ ~i:~: 10. Paint, Gha,~ & Wallpaper Stores (5231) 1 ~. Public Administration (^Il Groups) 12. Non-Depository Credit Institutions (Groups 6111 through 6163). ~ 13. Real Estate (Groups 6531, 6541, 6552). ~ 14. Retail nurseries, lawn and garden supply stores (5261). '~F~'~: 15. Social services (Groups 8322 through 8399). 16. Used merchandise stores (5932, except pawnshops and building materials). 17. United States Postal Service (4311 except major distribution center). 18. Any other general commercial use which is comparable in nature with the foregoing uses including buildings for retail, service and office purposes consistent with the permitted uses and purpose and intent statement of the C-2 Commercial Intermediate District. 4.4 ACCESSORY USES AND STRUCTURES B. Uses and structures that are accessory and incidental to uses permitted. Any other accessory use which is comparable in nature with the foregoing uses and which the Current Planning Manager determines to be compatible. DEVELOPMENT STANDARDS Minimum lot area: Minimum lot width: r. les. Minimum yard requirements: Ten thousand (10,000) square feet. Seventy-five (75) feet, as measured by the exterior project 17 2. 3. 4. Front yard: Twenty-five (25) feet. Side yard: Fifteen (15) feet. Rear yard: Fifteen (15) feet. Any yard abutting a residential parcel: Twenty-five (25) feet. D. Distance between principal structures: The distance between any two principal structures on the same parcel shall be fifteen (15) feet or a distance equal to one half the sum of their heights, whichever is greater. I=. Minimum off-street parking and off-street loading: As required in Division 2.3. flF~)0 Minimum floor area of principal structure: seven hundred (700) square feet gross r area for each building on the ground floor. G. Maximum height: Fifty (50) feet above Mean Flood Elevation as measured by the finish floor elevation to the building eave. H. General application for Setbacks: Front yard setbacks shall comply with the following: 1. If the parcel is served by a public or private right-of-way, the setback is measured from the adjacent right-of-way line. 2. If the parcel is served by a non-platted pdvate drive, the setback is measured from the back of curb or edge of pavement. 3. If the parcel is served by a platted private drive, the setback is measured from the road easement or property line. I. Architectural and site design standards: All commercial buildings and projects shall be subject to the provisions of Division 2.8. :~? ' J. Merchandise storage and display: Unless specifically permitted for use, outside storage or display of merchandise is prohibited. K. Landscaping: As required in DMsion 2.4. L. Signs: As required in Division 2.5. SECTION V RESERVE DISTRICT 5.'1 .PURPOSE ~'~' The purpose of this section is to identify permitted uses and development standards for i~ areas within The Vincentian PUD designated on Exhibit 'A", PUD Master Plan as Reserve. 5.2 GENERAL DESCRIPTION Areas designated as Reserve on the PUD Master Plan are designed to accommodate a full range of conservation and limited water management uses and functions. The primary purpose of the Reserve District is to retain an on-site wetland system, to allow for the restoration and enhancement of impacted or degraded wetlands, to provide an open space site amenity for the enjoyment of The Vincenfian PUD residents, and to provide a native vegetative buffer for adjoining residential properties. 5.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: Permitted Principal Uses and Structures: A. Passive recreational areas, boardwalks, and recreational shelters. B. Nature trails, excluding asphalt paved surfaces. C. Water management facilities, structures and lake bulkheads or other architectural treatments. D. Mitigation areas. E. Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and which the Current Planning Manager determines to be compatible in the Reserve District. 5.4 DEVELOPMENT STANDARDS A. All structures shall setback a minimum of fifteen (15) feet landward from the edge of wetJand preserves in all places and averaging twenty-five (25) feet from the landward edge of reserve District boundaries and roads, except for pathways, boardwalks and water management structures, which shall have no required setback. 5.5 ~:..' E~E,R__~~DISTRICT CONSERVATION EASEMENT .~,. ,.. A non-exclusive conservation easement or tract is required by the Collier County Land Development Code, Section 3.2,8,4.7,3 for preservation lands included in the Reserve District. In addition to Collier County. a conservation easement may also be required by other regulatory agencies with jurisdiction over Reserve District lands. In addition to complying with provisions of the Collier County Land Development Code. said easement ~.: shall be provided in accordance with the terms set forth in the applicable permit granted by said agencies. The developer or owners of The Vincentian PUD shall be responsible for control and maintenance of lands within the Reserve District. 20 6.2 6.3 6.4 17A SECTION VI GENERAL DEVELOPMENT COMMITMENTS PURPOSE The purpose of this section is to set forth the standards for development of the project. GENERAL All facilities shall be constructed in accordance with the final site development plans, the Final subdivision plats, and all applicable state and local laws, codes and regulations relating to the subdivision of the land, except when specifically noted or otherwise set forth In this document, or as otherwise approved by Collier County. All state and federal Permits shall be effective according to the stipulations and conditions of the permitting Agencies. Final master plans, final site development plans or final subdivision plats, and standards and specifications of the Collier County Land Development Code relating to the same shall apply to this project, except as otherwise set forth herein. PUD MASTER PLAN Exhibit "A", PUD Master Plan iljustrates proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be vaded at any subsequent approval phase such as Final Platting or Site Development Plan approval. Subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code, amendments may be made from time to time, Bo All necessary easements, dedications or other instruments shall be granted to ensure the continued operation and maintenance of all service utilities and all common areas in the project. WATER MANAGEMENT A. Excavation permits will be required for the proposed lakes in accordance with DivisiOn 3.5 of the Collier County Land Development Code, as amended. Excavated material from the property is intended to be used within the project site. B. Detailed paving, grading and site drainage plans shall be submitted to Engineering Review Services 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 Engineering Review Services. C. In accordance with the Rules of the South Florida Water Management District (SFWMD), Chapters 40E..4 and 40E-40. this project shall be designed for a storm event of 3-day duration and 25-year frequency. 21 6.5 D. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of Division 3.2 of the Collier County Land Development Code. TRANSPORTATION A. The developer shall provide a fair share contribution toward the capital cost of a traffic signal at Southwest Boulevard if and when the project is warranted by the County The signal will be owned, operated and maintained by Collier County. The develOper shall provide artedal level street lighting at the project entrance prior to the issuance of a Certificate of Occupancy. Evidence of an FDOT Connection Permit or Notice of Intent to Issue a Connection Permit shall be provided prior to the issuance of any development permit for the project. 6.6 UTILITIES A. Water distribution, sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance 88-76, as amended, and other applicable County rules and regulations. 6.7 ENGINEERING 6.8 A. Except as otherwise provided within this PUD document, this project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval, ENVIRONMENTAL A. Environmental permitting shall be in accordance with the state of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Review Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. B, All conservation areas shall be designated as conservation/preservation tracts or easements on ali construction plans and shall be recorded on the plat with protective convenants per or similar to Section 704.06 of the Florida Statutes. Buffers shall be provided in accordance with 3.2.8.4.7.3 CCLDC. C. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approved by Current Planning Environmental Staff. D. Petitioner shall comply with the guidelines and recommendations of the U S Wildlife Service (USFWS) and Florida Game and Fresh Water F~sh Commission Fish & ~;!i':~..(~GFWFC) regarding potential impacts to protected wildlife species. Where protected sisecies are observed on site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Environmental Staff for review and approval prior to ~.[inal site Plan/Construction Plan approval. E;; An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Review Staff for review and approval prior to Final Site Plan approval. The project shall comply with the environmental sections of the LDC and the GMP the time of final development order approval. An Environmental Impact Statement (ELS) shall be included with the next development order submittal. H. At the time of the first development order submittal the 25% required native vegetation shall be identified. EXHIBIT B THE VINCENTIAN PUD MASTER & WATER MANAGEMENT PLAN 17A IO AMENOiNG O~DI- NANC! N~MOE~ VEk~NT c~ WHICH INCLUDES THE COMPREHEN- ~N:NCO~POR &T~ c~o~; * FROM ~PUD" 0F $OUTflWE~T ~AST, COLLIER COUNTY, FL~A, ~A/~ Rer~14~t ORDINANCE 99- 37 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPOPJ%TED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS Y,~P NUMBERED 0632N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "Pb'D" P~NNED UNIT DEVELOPMENT KNOWII AS VINCENTIAN, FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF SOUTI4WEST BOULEVARD AND TAMIAMI TRAIL EAST (U.S. 41), IN SECTION 32, TOWNSHIP 50 SOUTh, RANGE 26 EAST, COLLIER COLffITY, FLORIDA, CONSISTING OF 30± ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 91-88, AS AMENDED, THE FORMER VINCENTIAN Pb'D; AND BY PROVIDING AN EFFECTIVE DATE. ;~ ~t{EREAS, Greg Stuart of Stuart & Associa%es, representing The Diocese of Venice, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; .... .~".The Zoning Classification of the herein described real property .ocated in section 32, Township 50 South, Range 26 East, Collier County, is changed from "rUD" to "PUD" Planned Unit Development in ":' which 'accordance with the PUD Document, attached hereto as Exhibit "A", is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered 0632N, as described :n Ordinance Number 91~102, the Collier County Land Development Code, is hereby amended accordingly. ~CTIO~ TWO~ 'Ordi~ance Number 91-88, as amended, known as the Vincentian PUD, on September 16, 1991 by the Board of County Commissioners of ~:~'Collier County, is hereby repealed in its entirety. ~ECTION T~REE: i This Ordinance shall become effective upon filing with the ~Department of State. ~' ! DULY ADOPTED by t.~e Board of County Commissioners of BOARD OF COUNTY COMMISSIONERS DWiGHT~'BROCK, Clerk COLLIER COUNTY, FLORIDA ; ,, BY: .__~ ~ ~ R~ELA S. MAC' KiE, Chairwoman as to Foi'm and M.' Student Isistant County Attorney Exhibit A PLANNED U NIT DEVELOPMENT DOCUMENT FOR The Vincentian PUD A Mixed Use Development Prepared by: Stuart and Associates 2180 West First Street, Suite 210 Fort Myers. Florida 33901 Date Rev~.wed by CCPC: D~te Appe:.md by 8CC: O~'dinar, ce Number: TABLE OF CONTENTS STATEMENT OF COMPLIANCE SECTION I Property Ownership & Description SECTION II Project Development SECTION III Residential District SECTION IV Community Commercial Distdct SECTION V Reserve Distdct SECTION VI General Development Commitments EXHIBIT 'A' EXHIBIT 'B' LIST OF EXHIBITS PUD Ordinance Master Plan & Water Management Plan PAGE 3 5 7 12 16 19 21 17 A STATEMENT OF COMPLIANCE The development of approximately 30+/- acres of property in Section 32, Township 50 South. Range 26 East, Collier County, as a Planned Unit Development to be known as The Vincentian PUD will be in compliance with the planning goals and objectives of Collier County as set forth ~n the Collier County Growth Management Plan. The commercial and residential/group housing facilities of the Vincentian PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1. The subject property is located along the South US 41 corridor, between Rattlesnake Hammock Road and CR 951. and is classified as Urban Coastal Fringe as identif~'d on the Future Land Use Map. The Future Land Use Element permits commercial infill, residential and group housing land uses in this area. Bounded to the north and south by highway commercial uses, the site is well suited as a commercial infill property for the US 41 frontage and for residential/group housing along Southwest Boulevard. 2. The subject property's location in relation to existing or proposed community facilities and services permits the development's intensity of land use as required in Objective 2 of the Future Land Use Element, and Policies 2 2, 2.3.2.4.2.5 and 2.6. 3. The project development promotes sound planning and ensures land use compatibility as required by Objective 5 of the Future Land Use Element The prolect development is compatible with and complementary to existing and future surrounding commercial land uses to the north and south, and existing and future surrounding residential land uses to the northwest, west and southwest, as required by the Commercial In-fill policy and Policy 5.4 of the Future Land Use Element. 4. The project shall be in compliance with all applicable County regulations including the Growth Management Plan. 5. All final development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code as set forth in Policy 3 1 of the Future Land Use Element. 6. Group Housing, which includes adult living facilities and nursing homes, is permitted in the Urban Coastal Fringe Area per Policy 5.8 of the Future Land Use Element. 7. The Vincentian PUD is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 8. ' The pro~-~:~t will be served by a complete range of services and utilities as approved The entire subject property qualifies f~r a base density of four dwelling units per acre. The subject property qualifies for group housing densities consistent with LDC Section 2.6.26 and is therefore consistent with Future Land Use Element Policy 5.1. SECTION 1 PROPERTY OWNERSHIP AND DESCRIPTION The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the name of The Vincentian PUD A parcel of land located in Section 32, Township 50 South, Range 26 East, Collier County, Florida, being more particularly described as follows: COMMENCING AT TIlE COUNT~ MONUMENT MARKING THE EAST 1,4 CORNER OF SECTION 32. TOWNSHIP .~0 SOUTH. RANGE 26 EAST. THIS MONUMENT BEING FIlE POINT OF BEGINNING; THENCE RUN NORTH 02 DEGREES 47 MINUTES 30 SECONDS EAST. ALONG THE EASTERI.Y BOUlqOARY OF SECTION ]2. A DISTANCE OF $26.25 FEET TO TIlE IN I'ERSECTION OF TIlE EASTERLY BOUNDARY OF SECTION 32 AND TIlE SOUTtlEASTERLY RIGtlT-OF-WAY OF TAMIAMi TRAIL IU.S. 41 ). SAID INTERSECTION BEING 200 FEET A[ RIGIIT ANGLES TO II I1: CENTER LINE OF TAMIAM! TRAIL AND 9.2'/FEET WEST OF TIlE POI,~T OF TANG ENT OF' 'I II t~ EIGHT-O£-WAY CtJ~; ~CE, FROM SAID INTERSECTION POINT. RUN ALONG TIlE R iGIIT- OF.WAY Alt. C, A DISTANCE OF $84.45 FEET TO THE POINT OF CURVF. SAID CURVE tIAVING A DELTA ANGLE OF I$ DEGREES AND 21 MINUTES RIGHT. A TANGENT LENGTH OF 435.76 H!!:.T. A RADIgS OF 3255.$5 FEET AND A DEFLECTION ANGLE OF 00 DEGREES 52 MINUTES 4o SECONDS; THENCE, FROM SAID POINT OF CURVE RUN NORTH 3q DEGREES 04 MINUTES WEST. ALONG THE EIGHT-OF-WAY TANGENT, FOR A DISTANCE OF 75.11 FEET TO A CONCRETE MONUlV[ENT SET ON THE EASTERLY BOUNDARY OF TRAIL ACRES SUBDIVISION AS i~ECORDED IN PLAT BOOK 3 AT PAGE 50 OF THE PUBLIC RECOP,.DS OF COLLIER COUNI'Y: 'I'I-JENCE .~:)UTI-I 50 DEGILEES 5~ MINUTES WE. ST. ALONG THE EASTERLY BOUNDARY OF 'FRAIl. AC'JLF-~ SUBDIVISION. A DISTANCE OF 95S.~? FEET TO A CONCP~TE MONUMENT; TItENCE SOUTI-J :J9 DEGILEES 40 MINUTES EAST, A 'DISTANCE OF 1052.32 FEET. TO A CONCRETE MI~ SET ON TI-IR SOIJTH BO~ARY OF THE NORTHEAST I/4 OF SECTION 32; TIIENCE AJ.,ONO SAID BO~AJJY OF THE NORTHTt. Ab'T 1/4, BEAEI'NG SOUTH $? DEGREES 31 MINUTES 45 ~ ~, A DISTANCE OF 6~.20 FEET TO A COUNTY CONCKETE MONUMENT, TIlE EAST 114 COEI~IER OF SECTION 32. TOWNSHIP ~0 SOUTH, RANGE 26 EAST. AND TIlE POINT OF BEGINI, lrNo; Containing 30.00 acres, more or less. Subject to easements, reservations or restrictions of record. PROPER WNERSHIP The subject property is currently owned by the Diocese of Venice. PRO A. The subject property is located along South US 41 of unincorporated Collier County, Florida. The subject property is located within the Urban Coastal Fringe as designated on the Future Land Use Map. 5 ' · B. The property is currently vacant. The entire site currently has PUD zoning. PROJECT DESCRIPTION .The Vincentian PUD will include a mixture of land uses for commercial and residential/ roup housing. The Vincentian PUD intends to establish commercial · · g .......... -' -°-'"'~"-'~" to ensure a hinh and consistent level of quality for aevelol3men! gulaellnes arlu ~i,~HUaIUg = propo~ features and facilities. Uniform guidelines aha smnaaras wi, oe createa Tot landscaping, lighting, fences and buffers. The Master Plan is iljustrated graphically on Exhibit 'A' PUD Master Plan. Individual Tract land use acreages are identhfied within the master plan. t.6 .. SHORT TITLE This Ordinance shall be known and cited as the 'Vincentian Planned Unit Development Ordinance.' 2.2 SECTION II PROJECT DEVELOPMENT PURPOSE The purpose of this Section is to delineate and generally describe the proiect plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. GENERAL A. Regulations for development of The Vincentian PUD shall be in accordance with the contents of this document. PUD-Planned Unit Development District, applicable sections and parts of the Collier County Land Development Code and Collier County Growth Management Plan in effect at the time of local final development order or building permit application. VVhere these regulations fail to provide developmental standards, then the provisions of the most similar district in the Collier County Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the date of adoption of this PUD. C. All conditions imposed and graphic material presented depicting restrictions for the development of The Vincentian PUD shall become part of the regulations that govern the manner in which the PUD site may be developed. D. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for this PUD remain in full force and effect. E. Development permitted by the approval of this petition will be subjected to a concurrency review under the provisions of Division 3.15 Adequate Public Facilities of the Collier County Land Development Code at the earliest, or next. to occur of either Final Site Development Plan approval, Final Plat approval, or building permit issuance applicable to this development. 2.3 PROJECT PLAN AND PROPOSED LAND USES The project Master Plan is iljustrated graphically by Exhibit "A", PUD Master Plan. B. Minor modifications to Exhibit 'A' may be permitted at the time of Site Development Plan approval, subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code or as otherwise permitted by this PUD Document. 7 2.4 C. In addition to the various areas and specific items shown in Exhibit "A", easements (such as utility, private, semi public, etc.) shall be established and/or vacated within or along the property, as may be necessary. LAND USE Exhibit'A', PUD Master Plan, constitutes the required PUD Development Plan. Except as otherwise provided within this PUD Document, any division of the property and the development of the land shall be in compliance with the Subdivision Regulations and the platting laws of the State of Florida. The provisions of Division 3.3, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 pdor to the issuance of a building permit or other development order. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and the methodology for providing perpetual maintenance of common facilities. 2.5 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in Section 2.7.3.5 of the Collier County Land Development Code. MODEL HOMES Model Homes and Model Home Sales Centers shall be permitted as provided for in Section 2.6.33.4 of the Collier County Land Development Code. 2.7 .LIMITATIONS OF. PLANNED U. NIT DEVELOPMENT APPROVAL This PUD is subject to the sunsetting provisions as provided for within Article 2. Division 2.7, Section 2.7.3.4 of the Collier County Land Development Code. 2.8 PUD MONITORING An annual monitoring report shall be submitted pursuant to Article 2, Division 2.7, Section 2.7.3.6 of the Collier County Land Development Code. 2.9 ~NTENANCE OF FACILITIES The Developer shall create appropriate property ownership association(s), which will be responsible for maintaining the roads, streets, drainage, common areas, and water and sewer improvements where such systems are not dedicated to the County. 2.10 2.11 2.12 OPEN SPACEREJlREMENTS A minimum of thirty percent (30%) of the project's gross area shall be devoted to open space, pursuant to Article 2, Division 2.6, Section 2.6.32 of the Collier County Land Development Code. The total project is 30 +/- acres requiring a minimum of 9 acres to be retained as open space throughout The Vincentian PUD. This requirement shall not apply to individual development parcels. NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Article 3, Division 3.9, Section 3.9.5.5.3 of the Collier County Land Development Code, 25% of the viable naturally functioning native vegetation on site shall be retained. .POLLING PLACES Pursuant to Article 3, Division 3.2, Section 3.2.8.3.14 of the Collier County Land Development Code, accommodation shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place. 2.13 SIGNS. Signs shall be in accordance with Article 2, Division 2.5 of the Collier County Land Development Code. 2.14 LAKE $- ACKAND EXCAVATION The lake setback requirements described in Article 3, Division 3.5, Section 3.5.7.1 of the Collier County Land Development Code may be reduced with the administrative approval of the Collier County Engineering Review Manager. All lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1; however, removal of fill from The Vincentian PUD shall be limited to an amount up to 10 percent per lake (to a maximum of 20,000 cubic yards) of the total volume excavated unless a commercial excavation permit is received. 2.15 CAVA VEGETATION REM VA/. A. Improvement of property shall be prohibited prior to issuance of a building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under the Land Development Code or olher applicable County regulations. Exceptions to this requirement may be granted by the Community Development and Environmental Services Administrator for an approved Subdivision or Site Development Plan to provide for distribution of fill excavated on site or to permit construction of an approved water management system, to minimize stoc~ arid haurmg off-site or to protect the public hearth, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the standards of Section 3.2.8.3.6. of the Code. Removal of exotic vegetation shall be 9 exempted upon receipt of a vegetation removal permit for exotics pursuant to Division 3.9 of the Land Development Code. B. A site clearing, grading, filling and revegetation plan where applicable shall be submitted to the Community Development and Environmental Services Administrator or his designee for review and approval pdor to any clearing, grading or filling on the property. This plan may be submitted in phases to coincide with the development schedule. The site-clearing plan shall clearly depict how the improvement plans incorporate and retain native vegetation. The site specific clearing, grading, and filling plan for a Subdivision or Site Development Plan may be considered for review and approval under the following categories and subject to the following requirements: 1. Removal of exotic vegetation is permitted upon receipt of a vegetation removal permit pursuant to Division 3.9. Additional site alteration may be permitted or required to stabilize and deter reinfestation by exotics subject to the following: a. Provision of a site filling and grading plan for review and approval by the County; b. Provision of a revegetation plan for review and approval by the County; c. Payment of the applicable review fee for site alteration plan review. 2. Site filling exceeding 25 acres to properly utilize fill generated on site, but which does not require the removal of more than 25 acres of protected vegetation, may be approved by the Community. Development and Environmental Services Administrator subject to submission of the following: a. A site-clearing plan shall be submitted for review and approval that shows the acres to be cleared. A minimum of 25% of the natural functioning vegetation shall be retained. b. The applicant shall submit a detailed description of the fill and site work activity including a plan indicating fill placement locations and depths, grading plan and water management improvements. c. The applicant shall submit a detailed revegetation plan including a cost estimate. The cost estimate shall include the cost of grading, revegetation and yeady maintenance cost and a time specific schedule on completion of the revegetation work. do The permittee shall post a surety bond or an irrevocable standby letter of credit in an amount of 110% of certified cost estimate as previously detailed including the maintenance cost for 3 years. The amount of the security may be reduced upon completion of the approved revegetation plan and upon occupation of the site. A separate security will not be required if such costs are included in the subdivision security. 10 A vegetation removal permit is not required for the removal of protected vegetation pdor to building permit issuance if the conditions set forth in DMsion 3.9 of the Land Development Code have been met. ARCHITECTURE AND. SITE DESIGN ~ .. .... '~!?'~.~'r ' AIl commercial buildings, signage, lighting, landscaping and other visible architectural infrastructure shall have a similar architectural theme and be aesthetically unified. Said unified architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and walls to be erected on the site, Landscaping and street,scape materials shall also be similar in design throughout the site. A conceptual design master plan shall be submitted concurrent with the first application for Site Development Plan approval demonstrating compliance with these standards, All commercial buildings shall comply with Division 2.8 of the Collier County Land Development Code (Architectural and Site Design Standards and Guidelines) prior to issuance of a building permit. RESIDENTIAL DISTRICT PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within The Vincentian PUD designated on Exhibit "A", PUD Master Plan as 'Residential'. 3.2 3.3 MAXIMUM DVVELL.ING UNITS A maximum number of Four Dwelling Units (4 DUS) per gross acre may be constructed on lands designated "Residential" on the PUD Master Plan. For assisted living facilities, the maximum number of units shall not exceed a factor of 0.45 (0.45 times the area of the property equals the gross floor area). GENERAL DESCRIPTION A. Areas designated as Residential on the PUD Master Plan are designed to accommodate Single-family, Multi-family and Group Housing, along with associated recreational facilities, essential services, and customary accessory uses. B. The approximate acreage of the Residential distdct is Nine and eight-tenths (9,8) acres. Actual acreage of all development tracts will be provided at the time of Site Development Plan approval in accordance with Division 3.3 of the LDC. The Residential tract is designed to accommodate internal roadways, open space, parks, amenity areas, lakes and water management facilities, and other similar uses. 3.4 PER-- rl'l'E' USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered, or used, or land or water used, in whole or part, for other than the following: A. Principal Uses 1. Single-family detached dwelling units. 2. Single-family and zero lot line dwellings. 3. Two-family and duplex dwellings. 4. Single-family attached and townhouse dwellings. 5. Multiple-family dwellings including Garden Apartments. 6. Assisted Living Facilities (ALF's) pursuant to Section 2.6.26 CCLDC. I2 Group Care Facility (category I and category II) pursuant to Section 2.6.26 CCLDC, excluding Homeless Shelters. Nursing home facility pursuant to Section 2.6.26 CCLDC. Group Care units, except homeless shelters, pursuant to Section 2.6.26 CCLDC. 10. Guard houses and entrance gates. Management offices and recreational facilities that serve the group housing development including but not limited to administrative offices, tennis courts, pools, pool cabanas, clubhouses and gazebos. 12. Any other principal use, which is comparable in nature with the foregoing, uses. Accessory Uses Uses and structures that are necessary and incidental to uses permitted as a right including, but not limited to, garages and carports. Parks. passive recreational areas, boardwalks, observation platforms. o Biking, hiking, health and nature trails. Water management facilities and lakes, including lakes with seawall and other types of architectural bank treatment, and essential services. Recreational shelters, restrooms, off-street parking, lighting and signage. 3.5 EV LOPM NT STANDARDS 1 sets forth the development standards for land uses within the Residential District. ~' 1. Site d~velopment standards for categories 1 -4 uses apply to individual residential lo! ..... boundaries. Category 5 standards apply to platted parcel boundaries. 2. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. 3. Developrrmnt standards for uses not specifically set forth in Table I shall be established during the Site Development Plan Approval as set forth in Division 3.3 of the Land Development Code in accordance with those standards of the zoning district which is most similar to the proposed use. 4. In the ca~e of residential structures with a common architectural theme, the required development regulations may be reduced provided a site plan is approved pursuant to Division 3.3 of the Land Development Code. 5. Single-family and zero lot line dwellings are identified separately from single-family detached dwellings with conventional side yard requirements to distinguish these types of residences fol' the purpose of applying the development standards under Table 1. Zero lot line dwellings shall be defined as any type of detached single family structure employing a zero or reduced side yard as set forth herein. TABLE DEVELOPMENT STANDARDS FOR RESIDENTIAL TRACTS SINGLE PEILMITTED USES FAMILY AND STAN'DARDS DETACHED 7- 7-'%-- ZERO LOT LINE 5.000 SF 5O 20 10 I0 35 lO TWO FAMILY & DUPLEX 3 3.500 SF 35 20 lO I0 35 15 200 SF SINGLE FAMILY ATTACtIED AND TOWNtlOUSE 4 3.000 SF 30 2O I0 0 or .5 [3tl W-'-- 2O 10 ; 5 5 ~BII Mt!LTl- FAMILY DWEI.LINGS 5 I .-\C 150 25 15 1311 Bli 15 55 5 Sllll 1200 SF , BH: Building Height · SBH: (Sum of Building Height): Combined height of two adjacent buildings for the purposes of determial~ selbeck requirements. SF: Square feet All distances am m feet unless othemnse noted. Fn:)nt yards shall be measured as follows: A. If Itte parcel is senn~ by a public ROW. setback is measured from the adjacent right-of-way line. B. If the parcel is served by a prorate road. setback is measured from the back of curb (if curbed) or edge of pavement (if not curbed). C, Iflhe parcel is served by a platted private drive, the setback is measured from the road easement °1 - Rear ya~ for ~ ami ~ itmcturas on lois and b'acts which abut a non-jurisdictmnal Opefl ~ace or native vegetalJon fxeeeevatJcnl ama may be zero (0') feet except that when abutting a lake '2 - Budding I'te~ght shall be It~ vertical distance measured from the first habitable finished floor elevation 14 · '3 - Zero feet minimum of five feet I5') on either side except that where the zero feet (0') yard OpbOn iS uffiized, the oppose side of the structure shall have a ten foot f 10') yard The first structure built w~thin a set]el of zero lot I,ne homes shall determine the zero lot hne setback for the subsequent development ~that specific housing tract · '4 - Each half of'2 duplex umt requires a lot area allocation of 3,500 SF for a total m~nimum lot area of ' the common wall ol' waft along interior lot hnes within a series of townhouse or semi-detached u ts · "/- Accessory uses such as any authorized recreabonal amen~ (i.e. pools, spas. landscape features. etc.) may be located w~in zero (0) feet of a side lot line when adjacent the wall of a residence w~th no wifldOW openings. Accessory uses for Zero lot line homes must be setback a mlmmum of 5 feet from the adjoini~ building waft that is permitted along the lot line. All other setbacks shall be as required by DMsiOn 2.6.2 of ~ Land Development Code ~n effect at the time of building perm,t application · '8 - GrOup cate fac31ity {category I and category II other than homeless) - 1,500 sq.ff, plus 200 sq ft per ~ person, beginning w~ the sevenl~ Ih/em person SECTION IV COMMERCIAL INFILL DISTRICT 17A 4/I '~,~ PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within The Vincentian PUD designated on the Exhibit "A", PUD Master Plan as 'Commercial". 4.2 GENERAL DESCRIPTION A. Areas designated as 'Commercial" on the Master Plan are designed to accommodate a full range of commercial uses, hotel/motel, essential services, and customary accessory uses. B. The approximate acreage of the "Commercial" district is eight and one-half (8.5) acres. Actual acreages of all development tracts and outparcels will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.2 and Division 3.3 respectively, of the Collier County Land Development Code. Commercial tracts are designed to accommodate internal roadways, open spaces, lakes, water management facilities, and other similar uses. C. Up to one hundred and f'rfteen thousand (115,000) square feet of retail or office development is permitted within this Commercial area of the Planned Unit Development 4,3 ER--- -E - E- - TRUCTURES No building or structure or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. All permitted uses of the C-2 commercial convenience district consistent with the Collier County Land Development Code in effect as of the date of approval of this PUD. 2. Am~ and recreation services (Groups 7911,7922 community theaters only, 7933, 7991, miniature golf course, bicycle and moped rental). 3. Autp and Home supply stores (Groups 5531). 4. Business Services (Groups 7311,7313, 7322 through 7338, 7361 through 7379, 7384, 7389 except auctioning service, field warehousing, bottle labeling, packaging and labeBng, salvaging of damaged merchandise, scrap steel cutting and slitting. t6 5. Drinking places (5813) excluding bottle clubs. All establishments engaged in the retail ' ,~:~' ~ sale of alcoholic beverages for on-premise consumption are subject to the Iocational ~:~,~;~:;~ ~ eauirements of section 2 6.10. 6. Hospitals (Groups 8062 through 8069). 7. Membership Organizations (Groups 8611 through 8699). 8. Miscellaneous Retail (Groups 5912 through 5963). g. Museums & Art Galleries (8412) 10. Paint, Glass & Wallpaper Stores (5231) 11. Public Administration (All Groups) 12, Non-Depository Credit Institutions (Groups 6111 through 6163). 13. Real Estate (Groups 6531, 6541,6552). 14. Retail nurseries, lawn and garden supply stores (5261). 15. Social services (Groups 8322 through 8399). 16. Used merchandise stores (5932, except pawnshops and building materials), 17. United States Postal Service (4311 except major distribution center), 18.Any other general commercial use which is comparable in nature with the foregoing uses including buildings for retail, service and office purposes consistent with the permitted uses and purpose and intent statement of the C-2 Commercial Intermediate District. 4,4 ACCESSORY USES AND STRU. CTURES A. Uses and structures that are accessory and incidental to uses permitted. B. Any other accessory use which is comparable in nature with the foregoing uses and which the Current Planning Manager determines to be compatible. 4,;5: EV L PENT STANDARDS :i!:':~i:? A' ~inimum lot area: Ten thousand (10,000)square feet. Minimum lot width: Seventy-five (75) feet, as measured by the exterior project Minimum yard requirements: 17 17A 2. 3. 4. Front yard: Twenty-five (25) feet. Side yard: Fifteen (15) feet. Rear yard: Fifteen (15)feet. Any yard abutting a residential parcel: Twenty-five (25) feet. ' D. Distance between principal structures: The distance between any two principal i/~.:~i' structures on the same parcel shall be f~een (15) feet or a distance equal to one half the '~';'~,i'sum of their heights, whichever is greater. E. Minimum off-street parking and off-street loading: As required in Division 2.3· · '~ ~' F. Minimum floor area of principal structure: seven hundred (700) square feet gross ' '~../ floor area for each building on the ground floor. ,~-~·~!~ G. Maximum height: Fifty (50) feet above Mean Flood Elevation as measured by the finish floor elevation to the building eave. H, Ge~ieral application for Setbacks: Front yard setbacks shall comply with the following: 1. If the parcel is served by a public or private right-of-way, the setback is ~' measured from the adjacent right-of-way line. 2. If the parcel is served by a non-platted private drive, the setback is measured .;;~,~¥.- from the back of curb or edge of pavement. i,;:~'~;',~;;,-. ',.. ,' $. ":_~ If the parcel is served by a platted private drive, the setback is measured from the road easement or property line. ';;~·., I. ~ Architectural and site design standards: All commercial buildings and projects shall · ':;;'!~: ;': be subject to the provisions of Division 2.8. J, Merchandise storage and display: Unless specifically permitted for use, outside storage or display of merchandise ~s prohibited. Landscaping: As required in DMsion 2.4. Signs: As required in Division 2.5. IS PURPOSE SECTION V RESERVE DISTRICT The purpose of this section is to identify permitted uses and development standards for areas within The Vincentian PUD designated on Exhibit "A", PUD Master Plan as Reserve. 5.2 GENERAL DESCRIPTION Areas designated as Reserve on the PUD Master Plan are designed to accommodate a full range of conservation and limited water management uses and functions. The primary purpose of the Reserve District is to retain an on-site wetland system, to allow for the restoration and enhancement of impacted or degraded wetlands, to provide an open space site amenity for the enjoyment of The Vincentian PUD residents, and to provide a native vegetative buffer for adjoining residential properties. 5.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used. in whole or in part. for other than the following: Permitted Principal Uses and Structures: A. Passive recreational areas, boardwalks, and recreational shelters. B. Nature trails, excluding asphalt paved surfaces, C. Water management facilities, structures and lake bulkheads or other architectural treatments. D. Mitigation areas. E. Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and which the Current Planning Manager determines to be compatible in the Reserve District. 5.4 DEVELOPMENT STANDARDS A. All structures shall setback a minimum of fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of reserve Distdct boundaries and roads, except for pathways, boardwalks and water management structures, which shall have no required setback. R£$ERV~ D. {STRICT CON$£RVATION EASF:M£NT ;A no~JsiVe conservation easement or tract is requ red by the Collier County Land Deve~'~ment Code, Section 3.2.8.4.7.3 for preservation lands included in the Reserve control ~nd maintenance of lands within the Reserve District. 20 6.2 PURPOSE SECTION VI GENERAL DEVELOPMENT COMMITMENTS The purpose of this section is to set forth the standards for development of the project. GENERAL All facilities shall be constructed in accordance with the final site development plans, the Final subdivision plats, and all applicable state and local laws, codes arid regulations relating to the subdivision of the land, except when specifically noted or otherwise set forth In this document, or as otherwise approved by Collier County. All state and federal Permits shall be effective according to the stipulations and conditions of the permitting Agencies. Final master plans, final site development plans or final subdivision plats, and standards and specifications of the Collier County Land Development Code relating to the same shall apply to this project, except as otherWise set forth hereto. 6.3 PUD MASTER PLAN 6,4 ¸ Ao Exhibit "A", PUD Master Plan iljustrates proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be vaded at any subsequent approval phase such as Final Platting or Site Development Plan approval. Subject to the p~s OhS of Section 2.7.3.5 of the Collier County Land Development Code. a~ndments may be made from time to time. All necessary easements, dedicahons or other instruments shall be granted to ensure the continued operation and maintenance of all service utilities and all common areas in the project. A. Excavation permits will be required for the proposed lakes in accordance with Division 3.5 of the Collier County Land Development Code, as amended. Excavated matedal from the property is intended to be used within the project site. B. Detailed paving, grading and site drainage plans shall be submitted to Engineering Review Sen/ices 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 Engineering Review Services. C. In accordance with the Rules of the South Florida Water Management District (SFWMD), Chapters 40E-4 and 40E-40, this project shall be designed for a storm event of 3-day duration and 25-year frequency. D.'I Design and construction of all improvements shall be subject to compliance with the appropriate pro~sions of Division 3.2 of the Collier County Land Development Code. 6.5 .TRANSPORTATION '!~; '~' ;-!- A. The developer shall provide a fair share contribution toward the capital cost of a traffic signal at Southwest Boulevard if and when the project is warranted by the County. The signal will be owned, operated and maintained by Collier County. The developer shall provide arterial level street lighting at the project entrance prior to the issuance of a Certificate of Occupancy. Evidence of an FDOT Connection Permit or Notice of Intent to Issue a Connection Permit shall be provided pdor to the issuance of any development permit for the project. 6.6 UTILITIES A. Water distribution, sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance 88-76, as amended, and other applicable County rules and regulations. 6.7 ENGINEERING A. Except as othenvise provided within this PUD document, this project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. $.8 ENVIRONMENTAL A. Environmental permitting shall be in accordance wfth the state of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Review Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. B. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective convenants per or similar to Section 704.06 of the Florida Statutes. Buffers shall be provided in accordance with 3.2.8.4.7.3 CCLDC. C. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty-fn/e (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approved by Current Planning Environmental Staff. D. Petitioner shall comply with the guidelines and recommendations of the U.S. Fish & Wi~life Service (USFVVS) and Flodda Game and Fresh Water Fish Commission 22 :' (FGFWFC) regarding potential impacts to protected wildlife species. 17A' Where protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Environmental Staff for review and approval prior to Final Site Plan/Construction Plan approval. . An eX°t~vegetation removal, monitoring, and maintenance (exotic-free) plan for with emphasis on the conservation/prese~ation areas, shall be submitted to jrrent Planning Environmental Review Staff for review and approval prior to Final Site Plan/Construction Plan approval. F. The project shall comply with the environmental sections of the LDC and the GMP in effort at the time of final development order approval. O. An Environmental Impact Statement (ELS) shall be included with the next development order submittal. H. A! the time of the first development order subm~al the 25% required native vegetation shall be identified. EXHIBIT B THE VINCENTIAN PUD MASTER & WATER MANAGEMENT PLAN 24 ~!~_ .1,0~ P~PERRELL colm]m,J~A J RE~JE$T r~ LEGAL ~','ER;JJ~NG or ~LIc Heafi~ ~fofe; /~ ~ t~ZA /~ Ctr, e~ ~ . DISTRI~UT:r~, :~lSTk,JCT:c~tj ~ for file. Mr. Marklin Glenn Mrs. Evonne Prescott 650 29th Street Naples, FL 33412 Regarding to consider PetitonNUA-99-01 Petitioner: Please be advised that the above referenced petition will be considered bythe Board of County Commissioners on Tuesday, May 25, 1999 as i~icated on the enclosed notice. The legal notice pertaining to this ~etition will be published in the Naples Daily News on Sunday, May 9, 1999. LiSa Steele, Deputy Clerk Encl. 1.7B ~6o ~999 Ms. Pam Petrel1 Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice~of... Public Hearing to consider Petition NUA-99-01 Dear Pam: Please advertise the above referenced notice one time on Sunday, May..9, 1999 and send =he Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, I~isa Steele, Deputy Clerk ~912501 17B NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY_ MAY 251999_ in the Boardroom, 3rd Floor, Administration Building, Collier County Goverrt~ent Center, 3301 East Tamiami Trail, Naples, Florida. The ~eeting will begin at 9:00 A.M. The Board will consider Petition NUA-99-01, Marklin Glenn and Evonne Prescott requesting the altering of a non-conforming single family mobile home, by replacing the existing strl/cture with a new mobile home, on property located at 3255 Lunar Street, further described as Lot 4, Crews Subdivision, in Section 13, Township 50 South, Range 25 East, Collier County, Florida. All interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing, to the Board prior to the public hearing. 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. COLLIER COUNTY, FLORIDA PAMELA S . MAC' KIE, CHAIRWOMAN DWIGHT E. BROCK, CLERK By: /s/Lisa Steele, Deputy Clerk (SEAL) RESOLUTION NO. 99- RELATING TO PETITION NU~'MBER NUA-99-01. FOR A NON-CONFORMING USE ALTERATION ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY. FLORIDA. WHEREAS. the Legislature of the State of Florida in Chapter 125. Florida Statutes, has conferred on ali 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 adopled a Land Development Code ~Ordinanc¢ No. 91-102} which establishes regulations for the zoning of particular geographic division~ of the County, among ~'h~ch is the granting of requests for non-conforming usc alterations, and WHEREAS. the Board of Zoning Appeals. being the duly elected constituted board of the area h~eby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of the altering of a non-contbrming single family mobile home. by replacing the existing mobile home with a new mobile home in a RMF-6 Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulation.n and in accordance with Subsection 1.8.10.4 of the Land Development Code for thc unincorporated area of Collier County. and WHEREAS. all interested parties have been given opportunity to be heard by this Board in public me:ting 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 NUA-99-OI filed by Marklin Glenn and Evonne Prescott. property owners. with respect to the property hereinafter described as: Lot a. Crews Subdivision. as recorded in Plat Book 9. Page a8 of Official Records of Collier County, Florida. be and the ~xrne hereby is approved for the altering of a non-conforming single family mobile home. by repl~ing the existing structure with a new mobile home. in the RMF-6 Zoning District wherein said property is located. BE IT RESOLVED that this Resolution relating to Petition Number NUA-99-O1 be recorded in the minutes of this Board. 178 This Resolution adopted after motion, second and majority vote. ~ Don~ this dayof _., 1999. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency: Ar~istant County Attorney PAMELA S. MAC'KIE, Chairwoman I~pLl~, FL 3&IC~ Affidavit of Pubt?c~tto~ BC~O Of ~_~rY COflqZSS~O~RS ~0 ~OX &13016 KL~LES FL .~,101o30~6 I~IrEIffNCE: 001230 /912S01 S787S4,~7 NUA-99-Oq NOTZCE O~ Afftent fm'tfM~ ~ this the Mid Nl~tfl DefLy ?L ~ttter ~ ft~t~, ~ t~t t~ ~ d '.=' ~ ~ ~ ~e~e ~ ~tt~ty ~ ~ ~1~ ~ first ~tt~ of t~ ~tt~tJm In ~ ~td ~. 17B RESOLUTION NO. 99- 247, RELATING TO PETITION NUMBER NUA-99-01. FOR A NON-CONFORMING USE ALTERATION ON PROPERTY ItEREINAFTER DESCRIBED IN COLLIER COUNTY. FLORIDA. WIIEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes. has conferred on all counties in Florida thc 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-I02) ~s'hich establishes regulations for the zoning of particular geographic divisions of the County. among ~'hich is thc granting of requests for non-conforming usc alterations, and WIIEREAS. thc Board of Zoning Appeals, being thc duly elected constituted board of thc mca hereby affected, has held a public hearing after notice as in said regulations made and provided, and bas considered thc advisability of thc altering of a non-conforming single family mobile home, by replacing thc existing mobile home with a new mobile home in a RMF-6 Zone for the property hereinafter described, and has found as a matter of fact that satisfactor7 provision and arrangement havc been made concerning all applicable matters required by said regulations and in accordance with Subsection 1.8.10.4 of thc Land Development Code for the unincorporated area of Collier County. and WHEREAS, all interested parties have been given opportunity to be heard by this Board ~3:'~i~:~., ..,:, ..~ ~ . __tn public meeting assembled and the Board having considered all matters presented, NOW TItEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida. that: The Petition NUA-99-01 filed by Marklin Glenn and Evonnc Prescott. property owners, wilh respect to the property hereinafter described as: Lot 4, Crews Subdivision, as recorded in Plat Book 9. Page 48 of Official Records of Collier County, Florida. be and the same hereby is approved for thc altering of a non-conforming single family mobile home, by replacing the existing structure with a new mobile home, in the RMF-6 Zoning District wherein said property is located. BE IT RESOLVED that this Resolution relating to Petition Number NUA-99-01 be recorded in the minutes of this Board. 17 B Resolution adopted after motion, second and majority vote. :~.day of~"~~/.~, l ~. f Clerk '$ Sufficiency: BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA// ISAMELA S. MAC'KIE, Chai ,u6voman / COLLIY. R COUNTY FLORIDA -. '~" ~ ['OR Li~GAL ADVERTISING OF P~LIC H~GS T~ ~ ~: ~ pl~ the f~i.~ ~ n: ' N~&~ ~~s)to~~'s~(ff~~at~h~~)_. ~ ~~ ~ ~ ~ ~~ ap~nng 1 ~ ~ ~fo~ fOR ~ OFIIC~ 13~ ONLY: 170 May 6, 19 Ms. Pam ~rre11 Naples Daily News 1075 Central Avenue Naples,~Flortda 34102 Re: No~%e of Public Hearing to Consider Petition PUD-98-13 Dear Please May 9, duplica~e Thank ~rt£se the above referenced notice one time on Sunday, }9, and kindly send the Affidavit of Publication, in together with charges involved to this office. S~ ~11ie Deguty Clerk ~der No. 915846 170 ~INTENT TO CONSIDER ORDIN~{CE Notice hereby given that on TUESDAY, MAY 25, .l~!~ in the Boardroom, ~ Floor, Administration Building, Collier County Government C6nter, 3301 East Tamiami Trail, Naples, Florida, the Board of County CO~issioners will consider the enactment of a County Ordinance. ~he meeting will commence at 9:00 A.M. The title of the pro~sed Ordinance is as follows: ;%N ORDIN$~CE AM~iNG OP~IN~CE N//MBER 91-102, THE COLLIER COUNTY LA~ DE~LOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATXO~S FOR THE ~INCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMenDING THE OFFICIAL ZONING ATLAS MAP NUMBER 8521N AND 8521S BY CHARGIN~!~74E ZONING CLASSIFICATION OF THE H~REIN DESCRIBED REAL PROPERTY~FROM "A" RURAL AGRICULTURE TO "PUD ~D "PUD" TO "PUD" PLANNED.~UNIT DEVELOPMENT KNOWN AS COLLIER TRACT 21, FORMERLY BEACHWA~UD, FOR A GOLF COURSE AND ACCESSORY AND INCIDENTAL FACILIT~ INCLUDING A CLUBHOUSE, 50,000 SQUARE FEET OF C-3 COMMERC~;~L USES AND/OR A HOTEL ON PROPERTY LOCATED BETWEEN U.S. 41 ON THE ~%ST AND V~;DERBILT DRIVE ON THE WEST, LYING NORTH OF IllTH A%'EI~JE ~ SOUTH OF THE COCOHATCHEE RIVER, IN SECTION 21, TOWNSHIP 48 SOUTH~ RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 267.44+~ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 90-45; AND BY ~ROVIDING ~l EFFECTIVE DATE. Petitio~ No. PUD-P8-13, R. Bruce Anderson of Young, van Assenderp & Varnadoe,i~P~A., representing Collier Development Corporation, rec~esting ~ezone from "A" Rural Agriculture_t~."PUD" and "PUD" to "PUD" Planne~ Unit Development to be known as collier Tract 21, formerly BeaChway PUD. copies J~ the proposed Ordinance are on file with the Clerk to the Board and ar· available for inspection. All interested parties are invited to attend and be heard. NOTE~ All ~rsons wishing to speak on any agenda item must register with the County administrator ~ to presentation of the agenda item to be addre~ed. Individual speakers will be limited to 5 minutes on any item. Th~ 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 ~tem. to have written or graphic materials included in the Board packets must submit said material a minimum of 3 weeks prior to )ective public hearing. In any case, written materials intended to :onsidered by the Board shall be submitted to the ap~ staff a minimum of seven days prior to the public hearing, material used in presentations before the Board will become a part o~ the record. ;thy who decides to appeal a decision of the Board will need a record of ~he proceedings pertaining thereto and ~herefore, may need to ensure t~t a verbatim record of the proceedings is ,made, which record incll ~s the testimony and evidence upon which the appeal is based. ~, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PAMELA S. DWIGHT E. By: ;KIE, CHAIRMAN CLERK Hoffman, Deputy Clerk (SEAL) Development Corporation Tamtami Trail, Suite 400 of Public Hearing to Consider Petition PUD-98-13 that the above referenced petition will be consid red by the Board of County Commissioners on Tuesday, May 25~1999, as indicated on the enclosed notice. The legal notice~.'ertaining to this petition will be published in the Naples Daily on Sunday, May 9, 1999. Invited to attend this public hearing. ffman, Deputy Clerk May 6, 1999 Mr. R. Bruce Anderson Young, Van Assenderp & Varnadoe, P.A. 801 LaUrel Oak Drive, Suite 300 Naples,~ FL 34108 Re: Notice of Public Hearing to Consider Petition PUD-98-13 Dear Petktioner: Please b~ advised that the above referenced petition will be consid6~%d by the Board of County Commissioners on Tuesday, May 25, 1999~ as indicated on the enclosed notice. The legal notice pertai~ing to this petition will be published in the Naples Daily News on%Sunday, May 9, 1999. You }~ to are~ nvited attend this public hearing. $incere~, ~11ie Hoffman, Deputy Clerk Enclosure This Ordinance shali become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the 2oard of Ccunty Commissioners Of Collier County, Florida, this day cf , 1999. ! BOARD OF COUHTY CO~4MiSSIONERS COLLIER COUH?Y, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency PAMELA S. 5tAC'KiE, CHAIRWOMAN 3RDiNA~ICE NO. 29- AN ORDINANCE AMENDING ORDINANCE NUMBER 9i-i02 THE COLLIER COUNTY LAND EEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE Z¢,NING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS :~.AP :lUMBER 8521N AND 852iS; BY CHANGING THE ZONING CLASSIFICATION CF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RUPA. L AGPiCUL?UPE ?O "?UL" AND "PUD" TO "PUD" ?LANNED UNIT DEVELOPMENT K:~OWN AS COLLIER TRACT 21, FORMERLY BEACHWAY PUD, FOR A GOLF COURSE AND ACCESSORY AND INCIDENTAL FACILITIES INCLUDING A CLUBHOUSE, 50,000 SQUARE FEET OF C-3 COMMERCIAL USES AND/OR A HOTEL ON PROPERTY LOCATED BETWEEN U.S. 41 ON THE EAST AND VANDERBILT DRIVE ON THE WEST, LYING NORTH OF 1il AVENUE AND SOUTH OF THE COCOHATCHEE RIVER, SECTION 21, TOWNSHIP .;8 SOUTH, PA. NGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSiSTi::G OF 267.44~ ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 90-45; AND BY ?ROViDING AN EFFECTIVE DATE. ~- R. Bruce Anderson of Young, van Assenderp & le, P.A., representing Collier Deve!cpment Corporation, the Board of County Co.uLmissioners to change the zoning classification of the here~n describec real property; THEREFORE BE iT CREAINED by the Board of County _ ;nets of Collier County, Fior~da: SECT ONE: ~ ~ zoning classification of the herein describ~ real ~ located in Section 21, Township 48 South, Range 25 East, Coli~ County, Florida, is changed from "A" Rural Agriculture to "PUD".and 'PUD" to "PUD" Planned Unit Development in accordance with the Collier Tract 21, formerly Beachway PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Number 8521N and 8521S, as described in Ordinance Number 91-102, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: Ordinance Number 90-45, known as Beachway adopted on June 5, '"i'~? 1990 by the Board of County Commissioners of Collier County, is · .~' hereby repealed in its entirety. 17t3 COLLIER TRACT 21 A PLANNED UNIT DEVELOPMENT PREPARED BY: YOUNG, VAN ASSENDERP &: VARNADOE, P.A. 801 LAUREL OAK DRIVE, SUITE 300 NAPLES, FLORIDA 34108 November 5, 1998 DATE FILED: D^TE REVISED:. DATE REVIEWED BY CCPC:_ DATE APPROVED BY BCC: ORDINANCE NUMBER: SECTION I SECTION II SECTION III SECTION IV SECTION V SECTION VI TABLE OF CONTENTS PROPERTY OWNERSHIP .~I'D DESCRIPTION PROJECT DEVELOPMENT REQUIREMENTS COMMERCIAL GOLF COURSE AND LAKES RESERVE GENERAL DEVELOPMENT COMMITMENTS 17C EXHIBIT PUD MASTER PLAN 1.1 1.2 PURPosE SECTION I PROPERTY OWNERSHIP .AND DESCRIPTION urpo~ of this Section is to set forth the location and ownership of the property, and to d~be the existing eondition~ of the property proposed to be developed under the project name of Collier Tract 21 Planned Unit Dev. elopment. LEGAL DESCRIPTION PARCEL NO. I A PARCEL OF LAND LYING IN SECTION 21. TOWNSHIP 48 SOUTH. RANGE 25 EAST. COLLIER COUNTY, FLORIDA, SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 21; THENCE NORTH 89e50'30" WEST ALONG THE SOUTHERLY LINE OF THE SOUTHEAST QUARTER (SE1/4) OF SAID SECTION 21 FOR A DISTANCE OF 995.63 FEET; THENCE LEAVING SAID SOUTHERLy LINE NORTH 00009'30" EAST FOR A DISTANCE OF 100.00 FEET TO AN INTERSECTION WITH A LINE I00.00 FEET NORTHERLY OF AND PARALLEL WITH THE SAID SOUTHERLY LINE OF THE SOUTHEAST QUARTER (SEI/4) OF SECTION 21; THENCE NORTH 89"50'30" WEST ALONG SAID PARALLEL LINE FORA DISTANCE OF 401.04 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL NO. 1; THENCE NORTH 89o50,30, WEST CONTINUING ALONG SAID PARALLEL LINE FOR A DISTANCE OF 1260.82 FEET TO AN INTERSECTION WITH A LINE 30.00 FEET EASTERLy OF AND PARALLEL WITH THE EASTERLY LINE OF THE SOUTHWEST QUARTER (SWI/4) OF SAID SECTION 21; THE CE NORTH 01°32'23" WEST ALONG SAID PARALLEL LINE FOR A DISTANCE OF 440.86 ~'"ET; THENCE LEAVING SAID PARALLEL LINE SOUTH 8802T37" WEST FOR A DISTANCE OF 30.00 FEET TO AN INTERSECTION WITH THE SAID EASTERLY LINE OF THE SOUTHWEST QUARTER (SWl/4) OF SECTION 21; ~CE NORTH 01o32'23'' WEST ALONG SAID EASTERLY LINE FOR A DISTANCE OF THENCE LEAVING SAID EASTERLY LINE NORTH 89051'48" WEST ALONG A LINE PARALLEL WITH TIlE SOUTHERLY LINE OF SAID SOUTHWEST QUARTER OF SECTION 21 FOR A DISTANCE OF 1350.98 FEET TO AN INTERSECTION WITH THE EASTERLY LINE OF THE WEST ONE-HALF/WI,2~ OF Tile SAID SOUTilWEST QUARTER.(SWI/4) OF SECTION 21: THENCE lqORTH 01`'52'47" WEST ALONG SAID EASTERLY LINE FOR A DISTANCE OF 621.76 FEET TO AN INTERSECTION WITH A LINE 399.71 FEET NORTttERLY OF AND PARALLE~ WITH THE SOUTHERLY LINE OF THE NORTH ONE-HALF (N I/2~ OF THE SOUTH ONE-HALF (S1/2') OF THE NORTHWEST QUARTER (NWI/4~ OF THE SOUTHW'F,~T QUARTER (SWI/4) OF SAID SECTION 21: THENCE SOUTH 89"57'13" WEST ALONG SAID PARALLEL LINE FOR ,\ DISTANCE OF 1304.52 FEET TO AN INTERSECTION WITH A LINE 50.00 FEET EASTERLY OF AND PARALLEL WITH THE WESTERLY LINE OF SAID SECTION 21. SAID LINE BEING TItE EASTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD C-901; THENCE lqORTH 02"13'17" WEST ALONG SAID RIGHT-OF-WAY LINE FOR. A DISTANCE OF 1473.46 FEET TO AN INTERSECTION WITH A LINE 1752.45 FEET SOUTHERLY OF AND PARALLEL WITH THE NORTHERLY LINE OF SAID SECTION THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY LINE NORTH 89033'4:$'' EAST ALONG SAID PA/~.LLEL LINE FOR A DISTANCE OF 1588.50 FEET TO AN r ,rr RSECTIO WITH THE SOUTHERLY LINE OF BULr-,UEAD Lr E .','O.: AS RECORDED IN PLAT BOOK 1. PAGE 16 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA: THEHCE SOUTH 20°30'21" EAST ALONG SAID LINE FOR A DISTANCE OF 37.72 FEET TO A POII~" OF CURVATURE; THENCE SOUTHE.I:~LY. SOUTHEASTERLY. EASTERLY. NORTtJEASTERLY AND NORTHERLY CONTINUING ALONG SAID LINE AND ALONG SAID CURVE. CONCAVE NORTHERLY. HAVING A RADIUS OF 400.00 FEET. A CENTIL.\L ANGLE OF 157`'43'50" FOR AN ARC DISTANCE OF 1101.17 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHERLY. NORTHEASTERLY. EASTERLY. A~ND SOUTHEASTERLY CONTINUING ALONG SAID LINE AND ALONG SAID CURVE. CONCAVE SOUTHEASTERLY. HAVING A RADIUS OF 500.00 FEET. A CENTRAL ANGLE OF 124°16'03" FOR AN ARC DISTANCE OF 1084.44 FEET TO A POINT OF TANGE'NCY: THENCE SOUTH 53`'58'08" EAST FOR A DISTANCE OF 505.81 FEET TO AN INTERSECTION WITH THE WESTERLY LINE OF LANDS DESCRIBED IN OFFICIAL RECORD BOOK 1355. PAGE 101 I. PUBLIC RECORDS OF COLLIER COLrNTY. FLORIDA; THENCE SOUTH 00°39'10" EAST ALONG SAID WESTERLY LINE FOR A DISTANCE OF I066.03 FEET TO THE SOUTHWEST CORNER OF SAID LANDS: THENCE NORTH 89020'50" EAST ALONG THE SOUTHERLY LINE OF SAID LANDS FOR A DISTANCE OF 50.00 FEET TO AN INTERSECTION WITH THE WESTERLY LINE OF WALKERBILT ROAD AS DESCRIBED 1~ DEED BOOK 33, PAGE 279, PUBLIC RECORDS OF COLLIER COU'NTY, FLORIDA; THENCE SOUTH 00~39'I0" EAST ALONG SAID WESTERLY LINE FOR A DISTANCE OF 60.00 FEET TO AN [NTERSECTION WITH TH:E SOUTH:ERLY LINE OF SAID WALKERBILT ROAD; 'ii 'I'HENCE NORTH 89~'20'50'' EAST ALONG SAID SOUTHERLY LINE FOR :\ DISTANCE OF 600.21 FEET: THENCE NORTH 89°21'45'' EAST CON'ITNUING ALONG SAID SOUTHERLY LINE FOR A DIST~"qCE OF 731.07 FEET TO THE NORTHWEST CORNER OF LANDS DESCRIBED IN oFFICIAL RECORD BOOK 1219. PAGE 1672. PUBLIC RECORDS OF COLLIER COUNTY° FLORIDA: 'I'HEN~ SOUTH 00043'07'' EAST ALONG THE WESTERLY LINE OF SAID LANDS FOR A DISTANCE OF 300.00 FEET; THENC£ N'ORTH 89°21'48'' EAST ALONG THE SOUTHERLY LINE OF SAID LANDS FOR A DISTANCE OF 300.00 FEET TO AN INTERSECTION WITH TltE WESTERLY RIGHT-OF-WAY LINE OF TAMIAMI TRAIL {'U.S. 41. S.R. 45): THENCI~ SOUTH 00*43'07" EAST ALONG SAID WESTERLY RIGHT-OF-WAY LINE FOR A DISTANCE OF 505.65 FEET: THENCI~. LEAVING SAID WESTERLY LINE SOUTH 89°16'53" WEST FOR A DISTANCE OF 55.$3 FEET TO A POINT OF CURVATURE: THENCI~ NORTHWESTERLY ALONG SAID CURVE. CONCAVE NORTHEASTERLY. HAVINO A RADIUS OF 250.00 FEET. A CENTRAL ANGLE OF 62°55'02" FOR AN ARC DISTANCE OF 274.53 FEET TO A POINT OF INTERSECTION WITH A NON-TANGENT THENCE SOUTH 00°09'30'' WEST FOR A DISTANCE OF 631.93 FEET: THENCE;NORTH 89°$0'30' WEST FOR A DISTANCE OF 154.92 FEET: THENCE SOUTH 00°09'30' WEST FOR A DISTANCE OF 5.00 FEET: THE C£NORTH 89°50'30'' WEST FOR A DISTANCE OF g01.92 FEET; THENGI~ SOUTH 00°42'02' EAST FOR A DISTANCE OF 1210.87 FEET TO TI tE POINT OF BE(3INNING; CONTAINING 244.233 ACRES OF LAND, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. il;! i~ PARCEL NO. 2 A PARCEL OF LAND LYrb,'G IN SECTION 21, TOWNSHIP 48 SOUTH. RANGE 25 EAST. COLLIE:RCO~, FLORIDA, SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER (SE I/4)~OF SAID SEGTION 21; THENCE SOUTH 89°50'41" WEST ALONG THE NORTHERLY LINE OF SAID SOUTHEAST QUARTER (SE I/4) FOR A DISTANCE OF 818.47 FEET; THENCE LEAVING SAID NORTHERLY LINE NORTH 00040'47'' WEST FOR A DISTANCE OF 12.87 FEET TO AN INTERSECTION WITH THE NORTHERLY LINE OF WALKERBILT ROAD, THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL NO. 2; 17C TI-IENCE SOUTH 89°21'48.. WEST ALONG SAID NORTHERLY LINE FOR A DISTA~NCE OF 356.00 FEET TO AN INTERSECTION WITH A LINE PAI~\LLEL WITH THE WESTERLY RIGHT-OF-WAY LINE OF TAMIAMI TRAIL (U.S. 41 - S. R. 45 THENCE LEAVING SAID NORTHERLY LINE NORTH 00°a0'47'' WEST ALONG SAID PARALLEL LINE FOR A DISTAaNCE OF 599,13 FEET TO AN INTERSECTION WITH THE SOUTHERLY LINE OF BULKHEAD LINE NO. 3. AS RECORDED IN PLAT BOOK 1. PAGE 16. PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. BEING A POINT OF INTERSECTION WITH A NON-TANGENT CURVE FROM WHICH THE KADIUS POINT BEARS NORTH 20°56'08" EAST; ~CE EASTERLY ALONG SAID SOUTHERLY LINE AND ALONG SAID CURVE. CONCAVE NORTHERLY, HAVING A RADIUS OF 400.00 FEET. A CENTRAL ANGLE OF 53`'03'24" FOR AN ARC DISTANCE OF 370,41 FEET TO A POINT OF INTERSECTION WITH A NON-TANGENT LINE WHICH IS PARALLEL WITH THE AFORESAID \VESTERLY RIGHT-OF-WAY LINE OF TAMIAMI TRAIL (U.S. 41 - S. R THENCE SOUTH 00040'47" EAST ALONG SAID PARALLEL LINE FOR A DISTANCE OF 630.00 FEET TO THE POINT OF BEGINNING: CONTAINING 4.790 ACRES OF LAND, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. PARCEL NO. 3 A PARCEL OF LAND LYING IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COM3,tENCING AT THE SOUTHEAST CORNER OF SAID SECTION 21: THENCE NORTH 89°50'30'' WEST ALONG THE SOUTHERLY LINE OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 21 FOR A DISTANCE OF 995.63 FEET: THENCE LEAVING SAID SOUTHERLY LINE NORTH 00"09'30" EAST FOR A DISTANCE OF 100.00 FEET TO AN INTERSECTION WITH A LINE 100.00 FEET NORTHERLY OF AND PARALLEL WITH THE SAID SOI.FFHERLY LINE OF THE SOUTHEAST QUARTER (SE1/4) OF SECTION 21. THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL NO. I; THENCE NORTH 89050'30, WEST ALONG SAID PARALLEL LINE FOR A DISTANCE OF 4O 1.04 FEET; TttENCE LEAVING SAID PARALLEL LINE NORTH 00042'02' WEST FOR A DISTANCE OF 1210.g7 FEET; THENCE SOUTH 89°50'30, EAST FOR A DISTANCE OF 801.92 FEET; TttENCE NORTH 00'09'30' EAST FOR A DISTANCE OF 5.00 FEET; THENCE SOUTH 89°50'30' EAST FOR A DISTANCE OF 154.92 FEET; THENCE NORTH 00`'09'30' EAST FOR A DISTANCE OF 631.93 FEET TO A POfNT OF INTERSECTION WITH A NON-TANGENT CURVE FROM WHICH THE RADIUS POINT BEARS NORTH 62°1 I'56" EAST; I?C THENCE SOUTHEASTERLY ALONG SAID CURVE. CONCAVE NORTHEASTERLY. HAVIN(3~A RADIUS OF 250.00 FEET. A CENTRAL ANGLE OF 62°55'02" FOR AN ARC DISTANCE OF 274.53 FEET TO A POINT OF TANGENCY: ~C£ NORTH 89°16'5Y' EAST FOR A DISTANCE OF 55.53 FEET; THENCE SOUTH 00'~43'07" EAST FOR A DISTANCE OF 505.08 FEET: THENC£~NORTH 89°50'30" WEST FOR A DISTANCE OF a42.82 FEET- THENC£'gOUTH a5o09,30- WEST FOR A DISTANCE OF 151.26 FEET- THENCE SOUTH 00°09'30.' WEST FOR A DISTANCE OF 100.00 FEET- THENCE SOUTH 45'09'30" WEST FOR A DISTANCE OF 200.00 FEET' THENCE SOUTH 00°09'30.' WEST FOR A DISTANCE OF 390.00 FEET- THENCE SOUTH 45°09'30'' WEST FOR A DIS;rANCE OF 190.00 FEET: THENCE SOUTH 00°09'30- WEST FOR A DISTANCE OF 338.00 FEET' TO THE POINT OF BEGINNING: CONTAINING 18.415 ACRES OF LAND. MORE OR LESS. SUBJECT.TO EASEMENTS AND RESTRICTIONS OF RECORD. 1.3 PROPERTY OWNERSHIP 3~i~ p~yrty is currently owned by Collier Development Corporation. 3003 Tamiami · , pies, Florida 34103. 1.4 GENERAL DESCRIPTIONS OF THE PROPERTY Ai The project site is located between U.S. 41 on the eastern border and Vanderbilt ~! Drive on the western border, lying north of i 11 th Ave. and south of thc Cocohatchee · ~'~'i~ River. The zoning classification of the subject property prior to the date of this approved PUD document was PUD Ordinance No. 9045 and A - Agricultural. 1.5 PHYSICAL'DESCRIPTION The project site is a mixture of range land, upland forests, barren land and wetlands. The wetlands border the Cocohatchee River to the north. Several small isolated seasonal wet prairies are found on the site. Elevations range from 3.0 to I0.0 feet with the highest elevations on the southeazt comer of the properly which from there slopes downward to the northwest and the river. The soils are a sp~:ies of fmc sands (Arzell, Charlotle, Immokalee, and St. Lucie) and mangrove swamp along tim river. 170 1.6 STATEMENT OF CONSISTENCY WITH THE GROWTH MANAGEMENT PLAN' Tfi~du'velopment of Collier Tract 21 as a Planned Unit Development is consistent with the planning goals, objectives and policies of Collier County's Growth Management Plan and complies with pertinent implementing ordinances. This PUD represents a reduction of d~rfiity, intensity and resultant impacts from the 800 dwelling units authorized in Ordinance N°/'90-45 to no dwelling units. The 3.4 acre Commercial Tract "C" is considered to be within the Activity. Center by virtue ofthe Activity Center 75% Rule of the Future Land Use Ele~nent, and is. therefore, consistent with the ~rowth Management Plan. Tract "C" is a p0~on..~ . of Parcel 3. a separate tax parcel that includes and overlaps the Activity. Center. which ts legally described in Section 1.2 of the PUD document. i ~'nc'y with the goal requiring well planned and compatible land uses and objectives wt?~'~h ¢~tablish de~ity levels are designated in the plan. The proposed project furthers these ~dard~ including the u~ of creative PUD design with useable open space. 1.7 SHORT TITLE d~ Ordinance shall be known and cited as the Collier Tract 21 P.U.D. 2.1 178 SECTION II PROJECT DEVELOPMENT REQUIREMENTS PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. GENERAL BJ Regulations for development of the Collier Tract 21 PU'D shall be in accordance with the contents of this document, PUD-Planned Unit Development District, applicable sections and parts ofthe Collier County Land Development Code and Collier County Growth Management Plan in effect at the time of local final development order or building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Collier County Land Development Code shall apply. Unless o~erv4sc noted, the definitions of all terms shall be the same as the clef'tuitions set forth in the Collier County Land Development Code in effect at the date of adoption of this PUD. Ail conditions imposed and graphic material presented depicting restrictions for the development ofthe Collier Tract 2I PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for in this PUD remain in full force and effect. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15 Adequate Public Facilities of the Collier County Land Development Code at the earliest, or next, to occur of either Final Site Development Plan approval, Final Plat approval, or building permit issuance applicable to this development. County open s'lmce requirements for the Collier Tract 21 PUD are deemed satisfied by th~ golf course, and no sepata~ open space requirements shall be applied to the Commercial Tract. 2.3 DESCRIPTION OF PRO.tECT PLAN AND PROPOSED LAND USES The project Master Plan is iljustrated graphically by Exhibit "A". PUD Master Plan. There shall be fora' {4) land use parcels. The master plan also includes water management systems. The project parcels will be grouped according to the tbllowing land use categories: "G": "C": Golf course. =I 70.5 acres Commercial. 50,000 square feet of gross leasable area/one hundred (100) hotel or motel rooms. ±3.4 acres "L': Lake. =29 acres Reserve. :64.5 acres TOTAL +267.4 acres Bo In addition to the various areas and specific items shown in Exhibit "A", easements such as (utility, private, semi-public) shall be established and/or vacated within or along the property, as may be necessary.. Minor modifications to Exhibit "A", may be permitted at the time of Site Development Plan approval, subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code or as otherwise permitted by this PUD Document 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. Except as otherwise provided within this PUD Document, any division of the property and the development of the land shall be in compliance with the Subdivision Regulations and the platting laws of the State of Flofidm The provisions of Division 3.3. Site Development Plans of the Land Development Code. when aPPlicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 prior to the issuance ora building permit or other development order. 2.5 2.6 Co Appropriate instruments gill be provided at the time o finfrastructuml improvements regarding any dedications and the methodology for providing perpetual maintenance of common facilities. AMENDMENTS TO PUD DOCUMENT OR PUD ,MASTER PLAN Amendments may be made to the PUD as provided in Section 2.7.3.5 of the Land Development Code. Prior to the recording of an.,,' Record Plats. final plans of the required improvements shall receive the approval of ali appropriate tSollier County. governmental agencies to insure compliance with the Master Plan. the County Subdivision Regulations and the platting laws of the State of Florida. LANDSCAPE BUFFER There shall be a 15 foot vegetative buffer provided along U.S. 41. 11 l th Avenue North. Walkerbilt Road and Vanderbilt Drive at the project boundaries. Within this buffer, project landscaping and perimeter treatments provided in Section 6.15 of this PUD. including a combination of walls or fence~ and berms up to 14 feet in height, no more than 8 feet of which may be wall or fence, shall be allowed. Ifa parallel road is constructed along U.S. 4 I. there shall be no separale or additional land.~ape buffer requirements applied to said parallel 9 3.1 3.2 3.3 ~ :, SECTION III i CO.MMERCIAL PUI~OfiE purtx) ofthis section is to identify specific development standards for the area to be developed on Exhibit "A" as Tract "C" Commercial. MAXIMUM SQUARE FOOTAGE A maximum of $0,000 square feet of gross leasable area may be constructed on Tract "C". Ifa IX)tel with accessory uses is developed on Tract "C". the maximum square toot,age shall be~uced by 225 square feet for every hotel room. USES PERMITTED No building or structure, or part thereof shall be erected, altered or used, or lands used. in whole or pan. for other than the following: A. Principal Uses All uses allowed as permitted and conditional uses in the C-3 zoning district as of the effective date of the Collier Tract 21 PUD ordinance. 2. Hotels and motels not to exceed 100 units. 3. .kny uses permitted on Golf Course and Lake Tracts. Any other use which is comparable in nature with thc foregoing uses which the Pla,,ming Services Manager determines to be compatible with the intent of this PUD district. Ac, ces~ry Use~ Customary accessory uses including meedng rooms and sit down restaurant for hotel and motel. 10 3.4 DEVELOPMENT STANDAR33S 17C General: All yards and setbacks shall be in relation to individual parcel boundaries. Minimum Lot Area: ! 0,000 square feet. Minimum Lot Width: 75 feet Minimum Yards: Front yard: 25 feet: 30 feet on U.S. 41 plus 5 feet for each sto~' in excess of one Side yard: 15 feet. Rear yard: ! 5 feet. Any yard abutting a residential parcel: 25 feet. Minimum Floor Areas: 700 square feet. Off-Street Parking and Loading Requirements: As required by the Collier County Land Development Code in effect at the time of site development plan approval. Maximum Height: !. Principal and accessory structures - 50 feet. Access: Motor vehicle access to Tract C, which shall also serve as the access to the golf course and club house, shall be limited to one access point on U.S. 41 that lines up with the northern enuaace to Riven::hase Shopping Center. This common access point will be ~igtmlized by the State of Florida Department of Transportation CFDOT") pursuant to a separate agreement with Collier Development Corporation for the widening of U.S. 41. I1 4,1 4.2 PURPOSE IIIIII III SECTION IV GOLF COURSE AND LAKES Th~ purpose ofthis Section is to set forth the regulations for the areas designated on Exhibit "A,~i.as Tracts "G" Golf Course and Tracts "L" Lake. USES PERMITTED ' Nm. uilding or structure, or part thereof, shall be erected, altered or used. or land or ~vater used in whole or in part. for other than the following: Permitted Principal Uses and Structures Goifcourses. biking, hiking, canoeing, and nature trails, bridges, boardwalks. overlooks, and all uses permitted in the Reserve Area Tract. Parks, tennis and racquetball courts, basketball courts, exercise courses, and swimming pools, and any other community neighborhood recreational facilities. Community recreation center buildings, recreational shelters, gazebos, clubhouse, restrooms, and wildlife sanctuary/management areas. Water Manag~t and essential services facilities, landscape buffers, ben-ns, and walls or fences and any other perimeter treamaents as provided in Section 6.15 of this PUD. Any other recreational and open space acdvity or use which is similar in nature with the foregoing uses and which the Planning Services Director determines to be compatible with the intent of this PUD district. 6. Crates ~nd g~tehouses. 7. Child care centers, if authorized by Members. Utility facilities including a reverse osmosis facility or similar facility used to tre~ ~ucl/or produce water for irrigation of the golf course, golf course maln~ and golf cart ~orage facilities. 9, Sales Center for golf course mcmberships. 12 Permitted Accessory Uses and Structures Accessory. uses and structures customarily associated ~.vith the uses permitted in this district, provided that the clubhouse building shall not exceed 60.000 square feet. 2. Essential services and facilities, including imgation facilities. pumphouses and 3. Caretakers residence. Sales ofrices/centers and property, management offices. 5. Temporary. construction of'rice. DEVELOPMENT STANDARDS mo Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location ofaccess streets and parking areas and location and treatment of butter areas as determined by site development plan regulations. Buildings shall be set back a minimum of twenty-five (25) feet from fight-of-way, and fifteen (15) feet from any property lines. Unless otherwise specifically provided there shall be no setback requirement for landscape buffers and perimeter treatments. Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare or other interference. Maximum height of structure: Fif'cy (50) feet. Minimum distance between principal structures: Fifteen (15) feet. Setback from lakes: Twenty (20) feet. Minim~ standards for parking, landscaping and lighting, shall be in accordance with applie, able Collier County regulations in effect at the time of site development plan approval. The OolfCourse and Lake Tracts need not be platted. The Golf Course Tract lying north of Walkerbilt Road shall be subject to the following standards ii'any stru~ are co~ thereon: 13 1_70 .Masom-y wall or similar pre-fabricated ',,,'all at least 8 feet in height along the east and west property, lines and set back at least 10 feet from said property lines. Within ~xid east and Weal setbacks, exterior to the walls, canopy trees at least 12 feet in height shall be planted twent>'-five (25) feet on center. Along the .south property line. except for any driveway, a tifieen (15) foot landscape ~rip shall be installed to provide a 100% opacity, rating within one (I) year of installation. 14 5.2 SECTION v RESERVE AREA 17C Area- The purpose is to preserve and protect vegetation in its natural state and allow limited recreational uses subject to receipt of appropriate permits. It is designated Tract "RS" Reserve on Exhibit "A." USES PERMITTED No building or structure or part thereof, shall be erected, altered or used. or land used. in whole or in part. for other than the following: A. Principal Uses Open spaces/nature preserves, golfcart tee boxes and gol fcourse bridges and paths. Small do~ks, piers or other such facilities constructed for purposes of recreation for members of the project. 3. Passive recreation: hiking trails, boardwalks, overlooks. I5 6.1 6.2 170 SECTION VI GENERAL DEVELOPMENT COMMITMENTS PURPOSE Th~ purpose of this Section is to set forth the general commitments for development of the , ~CL All]facilities shall be constructed in accordance with final site development plans, final subdivision plans and all applicable state and local laws. codes and regulations in effect on th¢~effective date of the Collier Tract 21 PUD except where specifically noted. The PUD Master Plan ~Exhibit "A") is an iljustrative preliminary, development plan. B. The design criteria and layout iljustrated on the Master Plan and the exhibits supporting this project shall be understood as flexible. Master Plan design changes shall be permitted as provided in Section 2.7.3.5 of the Land Development Code. Do All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of ali service utilities. Agreements, provisions, or covenants which govern the use. maintenance and continued protection of the PUD and common areas, will be provided. 6.3 6.4 SOLID WASTE DISPOSAL An agreement between the Developer and the approved waste disposal service shall be entered imo in order to provide for solid waste collection service to all areas of the project. TRANSPORTATION A. Golf course maintenance/~,,rvice driveways shall be permitted on Vanderbilt Drive, i I 1"' Avenue and Waikerbilt Road. 16 17C 6.5 Bo Prior to or at the time of completion of construction of the last of the Commercial Tract or Golf Course Tracts. the Developer shall provide street lighting at the project entrance, but lighting shall not be required for malntenance,~semce driveways. If gate houses are to be used. they shall be located so as not to cause entering ,,'chicles to be backed up onto any State or Count.,,' road. Road impact lees shall be in accordance v.-ith the schedule contained in Ordinance 92-22. or as it may be amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of Count',' Commissioners. WATER MANAGEMENT Detailed site drainage plans shall be submitted to Engineering Review Services for reviev.'. No consu'uction permits shall be issued unless and until approval of the proposed construction in accordance with the submined plans is granted by Engineering Review Services. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code. Ce An Excavation Permit will be required for the proposed lake(s) in accordance with Division 3.5 of the Land Development Code. Do A Conceptual permit from South Florida Water Management District or, a copy of the permit application with supporting information submitted to the South Florida Water Management District and all subsequent correspondence shall be provided prior to construction plan approval. Petitioner shall provide evidence by appropriate computer modeling and profile plotting that the existing hydraulic grade line of the Naples Park North Drainage Basin Ouffall north of 111'" Avenue will not significantly impacted by the installation of the culvert pipes and lake system in the proposed modified Basin Ouffall across this proposed golf course project. 6.6 ENVIRONMENTAL Petitioner shall be subject to Division 3.9. Vegetation Removal. Protection and Preservation ofthe ~ Development Code. A site cleating plan shall be submitted to Current Planning Environmental staff for their review and approval prior to any substantial work on the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent practical 17 17C and how roads, buildings, lakes, parking lots. and ether :hciiities have been oriented to accommodate this goal. Native species shall be utilized, where available, to the maximum extent possible in the site landscaping design. A landscaping plan for ~he commercial tract will be submitted to Current Planning Environmental stat for their review and their approval, This plan will depict the incorporation of native species and their mix with other species, if any. The goal of site landscaping shall be the re-creation of native vegetation and habitat characteristics lost on the site during construction or due to past activities. All exotic plants, as defined in the County Code, shall be removed during each phase of construction from development areas, open space areas, and preserve areas. Following site development, a maintenance program shall be implemented to prevent re-mvasmn of the site by such exotic species. This plan. which will describe control lechniques and inspection intervals, shall be filed v,-ith and approved bv the Current Planning Environmental staff, ' Pursuant to Section 2.2.25,8.1 ofthe Land Development Code. if. during the course ofsite clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the dise~,very shall be immediately stopped and the Collier County Code Enforcement Department contacted, Any future proposed dock construction shall comply with the Florida Department of Environmental Protection (DEP)/Collier County Manatee Protection Plan. If turkey oaks are discovered during tree removal permitting, they shall be transplanted to the upland preserve areas or utilized in project landscaping. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit (ERP) rules and regulations, as well as the U,S. Army Corps of'Engineers ~404 Permitting Program. Removal of exotic vegetation ~alv~al~tllan~.be the ~'e means of mitigation for impacts to Collier County jurisdictional All conservation shall be recorded on any required plats with protective covenants per or similar to {}704.06, F,,I~. In the event platting is not required, conservation easements shall be recorded for such areas, subject to uses and limitations similar to or per ~ Section 704.06. Conservation areas shall be maintaimxi by the golf'club, and thcr~ areas shall be dedicated to Collier County on plats or casements, as applicable, with no responsibility for maintenance. 18 6.7 6.8 17C Buffers around wetlands shall be in accordance with the ERP issued for this project. Current Planning Environmental Staff shall be provided with copies of U.S. Army Corps of Engineers permits prior to any construction occumng in jurisdictional areas addressed by such permits. Construction or early work permits from the South Florida Water Management District shall be presented prior to Final Site PlarvConstmction Plan approval. .I, Petitioner shall coordinate protected wildlife species issues through the ERP and CORPS §404 permit review process and comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service and Florida Game and Freshwater Fish Commission, Where a protected species occur on site, a Habitat Management Plan for those protected species shall be submitted to Current Planning i!~.~;i and Environmental Staff for review and approval prior to Final Site Plan/Construction Plan approval. FIRE PROTECTION Thh~roject development shall comply with all applicable fire codes and regulations Fire y~ts shall be installed in accordance with regulations in effect at the tir~e of construction. ENGINEERING AND UTILITIES Work within Collier County right-of-way shall meet the requirements of Collier County Right-of. Way Ordinance 82-91. 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, a.s amended, and other applicable County rules and regulations. Ce Do All customers connecting to the water distribution and sewage collection facilities to be consm~cted will be customers of the County and v-ill be billed by the County in accordance with the County's established rates. Consmiction drawings, technical specifications and all pertinent design information shall b~ submitted, in accordance with Collier County Ordinance 97-17 or amendments thereto, and shall be approved prior to the issuance of development construction approval. 19 DEVELOPMENT SEQUENCE AND SCHEDULE 170 The property is to be developed over an estimated ,~ .','ear time period. This projection of project development is no more than an estimate based on current marketing 'knowledge. The estimate may change depending upon future economic factors. 6.10 EASEMENTS Easements shall be provided for water m .anagement areas, utilities and other purposes as required. 6.11 LAKE SITING As depicted on the P.U.D. Master Plan IExhibit "A"). lakes and natural areas have been preliminarily sited. The goals are to achieve an overall aesthetic character for the project. to permit optimum use of the land, and to increase the efficiency of the water management network. Accordingly the pertinent setback requirements described in Ordinance No. 88-26, Section gA may be reduced with the approval of the authorized County official. Fill material from the lakes are planned to be utilized within the project, ltowever, excess fill material, up to 10% ofthe total or a maximum of 20,000 cubic yards may be removed and utilized off- site subject to the requirement of Ordinance No. 88-26. including but not limited to traffic impact fees, etc, Removal ofmateriai in excess of 10% of total or maximum of 20,000 cubic yards must meet the requirements of a commercial excavation per Ordinance No. 88-26, To assure site specificity, construction plans must be submitted with excavation permit submittal. 6.12 SIGNAGE The developer intends to create a uniformly designed special signage and identification system including, but not limited to, subdivision and entrance signs for the project to compliment the intended development themes and architectural styles. Project identification signs shall be allowed at the principal project entrances to the PUD at U.S. 41. These may not exceed one hundred and filly (150) square feet in total area at each entrance and shall not exceed a height of fifteen (15) feet above the established grade. Additionally, project entrance signs announcing the names of the planned golf course and commercial site shall be allowed. Each identifiable project development shall be allowed one project entrance sign. not to exceed an area of eighty (80) square feet and a height often (10) feet above the established grade. 20 Utilization of the public rights-or:way for landscaping decorative entrance ways. and signage shall be reviewed and approved by the Transportation Director prior to any installations. 6,13 ESSENTIAL SERVICES Essential services as defined in Land Development Code Section as permined or conditional uses are considered as an acceptable permitted use in all land use categories within the project. 6.14 ROADS The entrance to the golf course club shall be a driveway and shall not be subject to the provisions of Land Development Code Section 3.2. Roads within thc commercial tract of the development may be either public or private roads. depending on location, capacity, and design. Gating and/or gatehouses may be located on driveways or private roads only. 6.15 PERIMETER TREATMENTS The perimeter of the project is intended to be buffered/screened from adjaeent properties and fights-of-way by combination of any or all of the following; vegetative buffers, berm.s, walls, fences or other materials in keeping with the aesthetic theme and quality of the proposed project. Additionally, it shall be allowed that gazebos, towers, arches, fountains or other architectural monuments be incorporated within thc perimeter treatment and that this PUD document's setback and height restrictions shall be waived on these architectural elements, subject to review and approval ofthe Engineering Review Services for line-of-sight waffle requirements. The buffering/screening of the perimeter of the project shall be of such design that it will allow the nmoffto flow as designed by the water management system, F:~USER.~"~..,ANA'~Wp~'~SECI'~ON2 I~ REV I !01 .',~q~ No~m~:s, ~. 1~9~ 21 19 REGU- THE THE eY ZOq~- (3~- . PRC~- ~:.~)¢;V'~A Y PUD. M~ U& 41 T~ ~ST. LY ~TH RANGE COUNTY, FLUID T~ dan f~- TO: Barbara Pedone, County Administrator's Office _. PUD-98-1].Collier Tract 2! BCC advertising This petition was sent up for the BCC meeting of June 8th. The petitioner has requested this be heard at th~ May 25th meeting. MauFeen Kenyon has faxed the ad to the paper for the May 25th meeting. Please change the BCC date in your records. Than~m. 17C Cecilia Martin, Planning Tecb II Current Plannin$ Service~ cc: Clerk to BCC ~'~ A~v. File - PUD-98-13 COLME]t CO COIIt~ITY I)£V S/6/99 ?0~ ~arbara Podone, Cou~t~ ~d~£nt~ra~oc's O~£~ce -PUD-~8-1~ Co115eg ?tact 2] BCC adverctsin~ This petition vas sent u~ for th~ BCC meetln~ oS ~une 8th. The petitioaer has requested this be heerd at tbb Hay 2ich meeting. Hau[een Kenyon has £axed Lhe ad Lo the pager for the Hay 25th moa:lng. P/ease change the BCC date in your records. Thanks.- ~10Ol/001 170 Sent: ~ Fflc~w. May 21. lggg 1024 AM To:: '. I.~Scme_b ~ :~i ~ I Subject: PuD-gs-I$ Goliet' Tract 21 The above mfetef'tced I~et~:~ ~as advett~,e~ fo~ the Mey 25~' BCC meeting The petitioner has reeue~ted mis pefi~io~ ba h~ad at ~ June 22~ 8CC mee~ng. Please reflect the Ju~e ~ BCC date o~ I~e May 25~' BCC agenda Thanks COLL'[ER COUNTY GOVEI:LNMENT COMMUNlq 1' DE¥IILOlqVI£NT AND g-J~I~ONM£N~I'^L SERVICES DI~/LSION COL;=IER CO~ ENVIRONMEMT~ SEKVIC.~ DIVISION 2R00 NorLb Hor~e:~boe Dri-e Naple~ Flot~b ~41~4 GOV~~ 2800 NORTK HORSgSHOE DRIVE N]LPLES, FLORIDA 34104 DATE TIME CITY, STATE ?F_..f, iTF_.R:P R I S F-.$ - . - '"'~03 TAs~41JO~d.~,,H,. e400 [q.~I:~,.F.S, PL 3-420~ PHOH~ <~4"~/~!-44~ 17O COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVI~RTISLNG OF PUBLIC IIEARL'~/GS To:. Clerk ~o ~he Board: l~e3~e pl~ce the following :s ~: On~'almsDc~/~F CommD~'Sm'y/Plaflflm~ Pc'z~m. RJck Gngg ~' c_~_- Peuuon No. (ffnone. g~ve Imef descnpuony VAC 99-010 IC£DAR ILAMMOCK-ROADS'~ Peut:or~ (Name & ^ddr~ss I Cl.~6e C, QuintS,. Tmslt~ ;]'r;',5 Aargx~ Road. State B Naples. Fi. 34102 Narr~ & Ad&ess of any ~'~on/s) to be n~ufied tn- Clerk's Office: {ff more space ~s nc~dcd, at~ach ~.-g~xa~c shccU !) DasadR. Und~luil.$r.,pE. Baz,.ks~ng 21.~0Goodlct~Road.*?01 Napics. Fl ~a102 2) S~ lis~ of atnmmg mw~rs - tI~'~! lZ'o~e/Il BCC BZA OtIT MAY 25. 1999 NL~pc~s; to bc used (Complete ~ly ,f,np~tam, Proposed Tc~u (T~dmSe k~! d~cdpt~m & common Joc~oo & S~: PETITION VAC 99-0J~ TO DJ$CLAJM, RENOt~'CE AND VACATE THE COL.%TY'S AND THE PUBLIC'S INTEREST IN ROAD RIGHT OF WAY LOCATED %~TI'HIN THE CEDAR HAMMOCK PROJECT WHICIt WAS CONVEYED TO THE COIo~'NTY' BY OR, BOOK 195. PAGE 465 AND ROAD RIGITY OF WAY. IZFILITY AND DRAINAGE EASEMENTS CONVEYED TO TIlE COUNTY BY O R BOOK 240. PAGE g96. PUBLIC RECORDS OF COLLIER COL.'NTY. FLORIDA. AND BEING LOCATED IN SECTION 3. TO~A,~SHIP $0 SOU'TH. RANGE 26 EAST. I"] No ff Yea. ~,hat account s~.ould F.c ~'F.a.rgc'd for advcrtJsmg costs: Approved by. County Adrtumstralor Date LmRtm:lunents: I) RESOLL~ON 2) LIST OF ABUTfTNG OWNERS - -- -! : 'g N : U iONS ForheJrinl~sbcfof~BCCm. BT.A: Intdadnl~enmntot~mpleteoneeolryandobcainDi~ionllezdapprovalbefor~ mlmsitdng ~ ~ MmUl~. Note:. Ifkqpl doemm~t b ~ I~ rare that any necea~ary legal rev~v, or r~quest for ltn~ I~ ~ t~ C~nty Artm'l~j~ befol~ ~l~ tt~ County Manal~tr. The .Manal~r'~ office ~ dlsrrflntte :~'4'4' C. nmt~ Matmll~r o~nda ~ ~e,t',/' l~ ~ ~4',t' Original to Clerk's B Ot~cr he. arin~: Illin-tinS Dhei~ofl I~ad to I~xn:n,e and ~ubmit on,mai tn Cl~k.s O~. rc~lmng a ~ f~ ~lc' 17D May 4, 1999 Ms. Pam Petrel1 :,-Naples Daily News ~*~1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to consider Petition VAC-99-010 Cedar Hammock-Roads Dear Pam: Please advertise the above referenced notice one time on Sunday, May 9, 1999. and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Lisa Steele Deputy Clerk Acct. #113-138312-649030 NOTICE OF PUBLIC HEARING NotiCe is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY_L-MAY 25 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 VAC-99-010, to disclaim, renounce and vacate the County's and the Publics interest in Road Right of way located within the Cedar Hammock Project which was conveyed to the county by O.R. Book 195, Page 465 and Road Right of way, Utility and drainage easements conveyed to the county by O.R. Book 240, Page 896, Public Records of Collier County, Florida, and being located in Section 3,~ Township 50 South, Range 26 East. NOTE: All persons wishing to speak on any agenda item must register wit~--~ the County administrator r~ior 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 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, CHAIRWOSL~-N DWIGHT E. BROCK, CLERK i By: /s/Lisa Steele 1.7B May 4, 1999 ~%. · .,, ~; !/..: Clyde C. Quinby, Trustee i;.~,i~.~ 3775 Airport Road ;:'~i!':, Suite B J!.:~ Naples, FL 34102 Re: Notice of Public Hearing to consider Petition VAC-99-010 Cedar Hammock Road Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 25, 1999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, May 9, 1999. You are invited to attend this public hearing. Sincerely, Lisa Steele, Deputy Clerk 17D May 4, 1999 Re: Notice of Public Hearing to Consider Petition VAC-99-010 Cedar Hammock Roads Dear Property Owner: ~.. Please be advised that the above referenced petition will be .considered by the Board of County Commissioners on Tuesday, ,.May 25, 1999, as indicated on the enclosed notice. The legal ' .'notice pertaining to this petition will be published in the ~.Naples Daily News on Sunday, May 9, 1999. ? ~ If you should have any questions with regard to this petition, ~please contact Rick Grigg at 403-2462. .You are invited to attend this public hearing. '~..Very truly yours, ',:~DWIGHT E. BROCK, CLERK Lisa Steele, Deputy Clerk Enclosure 1. 7 D May 4, 1999 David R. Underhill, Jr. P.E. .~.~Banks Engineering 2150 Goodlette Road #701 Naples, FL 34102 Re: Notice of Public Hearing to consider Petition VAC-99-010 Cedar Hammock Road Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 25, 1999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, May 9, 1999. You are invited to attend this public hearing. Sincerely, Lisa Steele, Deputy Clerk Enclosure 170 RESOLUTION NO. 99- RESOLUTION FOR PETITION VAC 99-010 TO DISCLAIM. RENOUNCE AND VACATE TIlE COUNTY'S AND THE PUBLIC'S INTEREST IN ROAD RIGHT OF WAY WFFHIN TIlE CEDAR HAMMOCK PROJECT V.q-tICH WAS CONVEYED TO THE COUNTY BY O.R. BOOK 195. PAGE 465 AND ROAD RIGHT OF WAY, UTILFFY AND DRAINAGE EASEMENTS CONVEYED TO THE COUNTY BY O.R. BOOK 240, PAGE 896, PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA, AuND BEING LOCATED IN SECTION 3, TOWNSFffP 50 SOUTH. RANGE 26 EAST. WHEREAS. pursuant to Sections 336.o9 and 336.10. f]o~da Statutes, David R. Underhill. Jr., P.E.. from Banks Engineering, Inc., as agent for the petitioner. Clyde C. Quinby. Trustee. docs hcrcb> rcclucst thc vuc.'ilion of thc Road Right of Way conveyed to the Count' by O.R. Book 195, Page 465 and the Road Righl Of Way. Utility and Drainage Easements conveyed to the County by. O.R. Book 240. Page 896, Public Records of Collier County. Florida, and being located in Section 3. Township 50 South, Range 26 East; and W]-IEREAS. the Board has this day held a public hearing to consider vacating said Road Right of Way. Utility and Drainage Easemenls as more fully, dCSCnhed below, and notice of said public hearing to vacate was given as required by law;. and WHEREAS. the granting of the vacation will not adversely affect thc ownership or right of convenient access of other property owners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. that the following road right of way is hereby vacated: See E.~bi! ~A" attached hereto and incorporated herein. BE IT FURTHER RESOLVED, that thc Clerk to the Board is hereby dircctccl to advertise thc adoption of this Resolution once in a paper of general circulation in the Count)' within 30 days following its adoption. BE IT FURTHER RESOLVED. that the Clerk to the Board is hereby, ctircctcd to rccord a certified copy of this Resolution, the proof of publication of the notice of public hearing and the proof of publication of the notice of adoption of this Resolution in the Official Records of Collier County, Florida. TMs Rcsolut/on adopted after motion, second and majority vote favoring same. DATED: ATTEST: BOARD OF COUNTY COM]vIIS$IONERS DWIGFIT E. BROCK, Clerk COLLIER COUNTY, FLOR. IDA Approved as to form and legal Hcidi F. Ashton Assistant County Attorney BY: PAMELA S. MAC'KIE, Chairwoman 171:1 VAC 9~1~010 Professional Engineera, Planners & Land Surveyors ;?¢ DESCmTnOt4 OF A ~: '~' PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP $0 SOUTH, RANGE 26 EAST COLLIEK COUN'I'Y, FLORiDA (EASEM2ENTS TO BE 'VACATED) DESC~'nONS OF ~'ARCELS OR w,..xcrs OF L,~'a:) siru^TEr) rs mE ST^TE OF ri. omi coum',,' OF COLLrm L'n'SO IN SEC'nON 3, TOW~SmP 50 sou'm, a.~oE 26 EAST ~ BE~IN nm~ BOUSDED ~rr) r)EscRiB~.r) As FOr. LOWS: EASEMENT ",~" ~T P~T OF ~ EASE~ L~G SO~AST OF ~ SO--EAST ~GHT-OF- WAY OF DA~S BO~EV~ (STA~ EO~ 84) OF ~T EASE~ FO~ PUBLIC EO~ ~G~-OF-WAY ~CO~ED ~ O~C~ ~CO~S BOOK 195 AT PAGE 465, P~LIC ~CO~S OF COLL~ CO~, ~O~ BErG DESC~BED AS ~E ~ST ~0.00 ~ET ~ ~ SO~ 30.~ ~ET OF ~ ~ST ~F (W. V:) OF ~E SO--ST QU~ (S.W. 1/4) OF ~ NO~ST QU~ ~.W. 1/4) OF SE~ON 3, TO~S~P 50 SO~, ~GE ~6 ~ST. T E~E~ "B" B~G O~ A DEDICA~ON ~CO~ED ~ OFFIC~ ~CO~S BOOK 240 AT PAG~ ~96 ~ 897, P~HC ~CO~S OF COLLIER CO~, FLO~DA, BErG DESC~ED ~ FOLLOWS: THE EAST 50.00 FEET OF THE WEST HALF (Vi. ~) OF THE SOUTHWEST QUARTER (SW I/4) OF THE SOI.rI'HWEST QUARTER (S.W. 1/4) LESS THE SOUTH 150.00 FEET THEREOF; AND THE WEST 50.00 FEET OF THE EAST HALF 0E. ¥~) OF THE WEST HALF OV. ½) OF THE SOUTHWEST QUARTER (S.W. 1/4) LESS THE SOUTH 150.00 FEET THEREOF; ALL IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST. EASEMENT "C" BEING PART OF A DEDICATION RECOKDED IN OFFICIAL RECORDS BOOK 240 AT PAGES 896 AND 897, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS: SHEET 1 OF 7 VAC ~t.410 THAT PART OF THE SOUTH 60.00 FEET OF THE NORTH, 52.5.00 FEET OF THE EAST '772.21 FEET OF THE WEST 1032.21 FEET LYnqG EAST OF THE EAST LINE OF THE WEST HALF (W. IA) OF THE WEST HALF (W. ½) OF THE SoIIrHWF~T QUARTER (S.W. 1/4) OF SECTION 3, TOWNSHIP $0 SOUTH, RANGE 26 EAST. EASEMENT ~D" BEING PART OF A DEDICATION KECORDED IN OFFICIAL RECORDS BOOK 240 AT PAGES 896 AND 897, PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA BEING DESCRIBED AS FOLLOWS: COMMENCE AT THE WEST QUARTEK CORNEK OF SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST; THENCE S. 89' 52' 35" E. FOR 9.52 FEET ALONG THE SOUTH LINE OF THE NOKTHWEST QUARTER (N.W. 114) OF SAID SECTION 3, TO A POINT ON THE SOUTHEAST RIGHT-OF-WAY LINE OF STATE ROAD S-865; THENCE N. 31 ' 05' 30" E. FOK 306.08 FEET ALONG SAID SOUTHEAST RIGHT-OF-WAY LINE FOK THE POINT OF BEGINNING OF THE CElqTEKL~E OF AN EASEMENT HAVING A WIDTH OF 80.00 FEET AND LYING 40.00 FEET ON EACH SIDE OF SAID CENTERLINE; THENCE ALONG THE FOLLOWING COLFRSES DESCRIBING SAID CENTERLINE; S. 58° 54' 30" E. FOR 25.00 FEET TO A POINT OF CURVATUI~E; THENCE 66.97 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 65.00 FEET AND SUBTENDED BY A CHORD HAVING A BEARING OF S. 29* 23' 30" E. AND A LENGTH OF 64.05 FEET TO A POINT OF TANGENCY; THENCE S. 00' 07' 30" W. FOR 193.84 FEET TO A POINT OF THE SOUTH LINE OF THE NORTHW'EST QUARTER (N.W. 1/4) OF SAID SECTION 3, SAID POINT BEING S. $9* 52' 35" E. AND 220.00 FEET FROM THE WEST QUARTER CORNER OF SAID SECTION 3, AND SAID POINT BEING THE POINT OF TERMINUS OF SAID CENTERLINE. SIDELINES OF .SAID 80.0 FEET WIDE EASEMENT TO BE LENGTHENED OR SHORTENED TO INTERSECT WITH THE SOUTH LINE OF THE NORTHWEST QUARTER (N.W. 1/4) OF SAID SECTION 3. EASEMENT ~E' BEING PART OF A DEDICATION RECORDED IN OFFICIAL RECORDS BOOK 240 AT PAGES 896 AND 897, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA BEING DESCRIBED AS FOLLOWS: COMMENCE AT THE WEST QUARTER CORNER OF SECTION 3, TOWNSHIP 50 SOLrTH, RANGE 26 EAST; THENCE S. 89° 52' 35" ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER (N.W. 1/4) FOK 220.00 FEET; THENCE S. 00° 07' 30" W. FOR 685.00 FEET ALONG A LINE 220.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF THE SOUTHWEST QUARTEK (S.W. 1/4) OF SAID SECTION 3 TO A POINT OF CURVATURE; THENCE 219.91 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 140.00 FEET AND SUBTENDED BY A SHEET 2 OF 7 V~,f:: M I0 CHORD, HAVING A BEARING OF S. 44° 52' 32.5" E. AND A LEN~ OF 197.99 FEET TO A POINT OF TANGElqCY; THENCE S. 89~ 52' 35" E. FOR 288.23 FEET ALONG A LINE 825.00 FEET SOUTH OF AlqD PARALLEL WITH THE NORTH LINE OF THE SOUTHWEST QUARTER (S.W. 1/4) OF SAID SECTION 3 TO THE EAST LINE OF THE WEST HALF (W. ½) OF TI'~ ~T ~ ~ 1F2) OF THE SOUTHWEST QUARTER (S.W. 1/4) OF SAID SECTION 3 AND TO THE POINT OF BEGINNING OF THE ~INE OF AN EASEMENT HAVING A WIDTH OF 80.00 FEET AND LYING 40.00 FEET ON EACH SIDE OF SAID CENTERLINE; THENCE CONTINTIE S. 89° 52' 35" E. ALONG SAID CENTER.LINE FOR 383.98 FEET TO A POINT OF TERMINUS OF SAID CENTERLINE ON THE EAST LINE OF THE WEST 1032.21 FEET OF THE SO--ST QUARTER (S.W. 1/4) OF SAID SECTION 3. oF s,an 80.00 FEsr wiD . sAs 'ro BE .S GTI-mX, D SHORTENED TO INTERSECTWITH THE EAST LINE OF THE WEST HALF (W I/2) OF THE WEST HALF (W ½) OF THE SO~T QUARTER (S.W. 1/4) OF SAID ;' SECTION 3, AND TO INTERSECT WITH THE EAST LINE OF THE WEST 1032.21 : FEET OF ~ SOUTHWEST QUARTER (S.W. 1/4) OF SAID SECTION 3. BEARINGS ARE ASSUMED AND BASED ON THE SOUTH LINE OF THE NORTHWEST QUARTER (N.W. 1/4) OF SAID SECTION 3 AS BEAR/NG S. 89° 52' 35" E. DESCRIPTION PREPARED ON MARCH 17, 1999. Professional Land Surveyor Florida Certification No. 4672 SHEET 3 OF 7 mi, t/e. me I £ t/2 sw *'"*THIS IS NOT A SURVEY*** FLOI~OA clrlrl'lrtCAl')ON NO. 46?2 / / ,///..I/ ~ o? ;! // ! ! WEST '1/2. / SW 1/4 sw ~/4 SKETCH TO ACLu PANY DESCRIPTION LYING I~ SE:¢~ 3, ~ 50 SOUI~, RANG~ 26 £AST C:X:X.~R ~U~TY. rLC~t~OA (t.A~,~TS TO K (~w. 1/~) ~ ~ ~ST ~ (~w. ~/~} ~ ~ ~ ~: ~ ~ ~ST ~,~ ~ET ~ ~ E~T H~ (C. I/2) ~ ~C ~[T ~[~; ~ ~ ~C~ 3, 1~ ~ ~. R~ 26 EAST C~ENT 'C' ~ P~T ~ A ~ ~O ~ ~ ~C~S B~ 240 At ~O AS 7~ ~ ~[T ~ ~ KST 1032 ~1 ~t L~ [*St ~ ~ [*SI t~ ~ aw ~/~ 525' ENT "C" 0 q 240 PCS 896 £ ~/2, w ~/2, sw 7/4 E ~/2 sw l/4 sw 7/4 O.~. 240 PCS ~e & *~7 150' OJL ~ ~ ~ "B' ***THIS IS NOT A SURVEY'** IrLO~OA C£RTIFCATK)~ NO. 4672 i ~Am k&d'7 ¥~tC ~941e LIST OF ABUTTING AND PROPERTY OWNERS WITltlN 250 FEET OF CEDAR HAMMOCK Mr. Lester Pe~sky 15 Bluebill Avenue Apt. 803 Naples, FL 34108 (941)597-9256 Mr. Peter Comeau Naples Heritage Association c/o U.S. Home Corp. 10491 Six Mile Cypress Parkway Fon Myers, FL 33912 S:L~wpdocsH 2xx\ 1263~ 1263_1S 3N.wlXl NAPLF. S DALLY NEWS Published Daily Naples, FL 33940 Affidavit of Publication State of' Florida County of Collier Before the ~mde~igned Ihey serve as the authority, personally appeared ~ who off oath says tlmt serve as ~e ~ of the Naple~ Daily. a drily ne~paper published at Napl~. in Cotli,:r County. Florida; that the at~ached copy Df the adverfisit.g, being a in the rnatXer of NOTICE OF INTENT VAC-99-010 was published in said ~per I time in the issue starting on 05/~)/99 and ending on AWard fu~hcr says dut tl~ said Napl~s Drily ~is~d al N~tet in ~id Colli~ C~, FI~, ~d th~ ~ ~id C~y. ~ ~ ~Y ~ ~ ( Si~t~ of ~t) Sworn to and subscribed before me this lOth day of May, 1999 .:.~,?., ,r.).,%, ~ CO~(S~S~O~ W CC7~52~ Personally known X Producr. d glcflllflCaUOn. Type of Identification Produced. 170 v&¢.w_ _-o!9. C, Mnmlssk)n~s m ~ ~ C~t. wm ~ o~lC ~Y 2S, 1 , ~ ~lch ~ C~- ~ ~em~ C~- ~y · 1he Cholfmon, a . Persons, wishing to I ~d~l~ c~o~~M c~d M ~ ~e ~ o v~ cl~s ~e ~sfl~Y ~ ev~e ~ ~lch ~ BOARD OF COUNTY CO~S~O~RS COL L ER COUNTY~ FL~OA PAMELA S. ~WO~N DWIGHT E. BROCK, CLERK D~ C~ 2490453 OR: 2557 PG: 3265 RESOLUTION NO. go- 248 i~]SREAS, pursuant to Seclions 336.09 and 336.10. Florida Statulcs. David R. Undcrhill. Jr.. P.E., from Banks E~eering, Inc.. as agcm for Ihc petilioncr. Cl'¥dc C. Quinbv. Trustee. docs hcrcb',' rcquesl Ibc vacation of thc Road Right of Wa.,,' convcycd lo thc Count) by O.R. Book 195. Page 465 and Ibc Road Righl Of Way. Ulilily and Drainage Easements com'~'cd lO thc Count)' b.', O.R. Book 240. Page 896. Public Records of Collicr Counly. Florida. and being located in Seclion 3. Township 50 South. Rangc 26 Easl; and WHEREAS. the Board has this day hcld a public heating to consider vacating said Road Right of Way. Utilit) and Drainage Easements as more fully described below, and notice of said public hearing Io vacate was given required by law; and WHEREAS. the granliug of Ibc vacanon will nol adversely affccl thc oxvncrship or right of con%chichi access of olhcr properly o%%ncrs. NOW, THEREFORE. BE IT RESOLVED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. Ihat thc following road tight of way is hereby vacalcd: See Exhibil "A" :roached licrclo and incorpormcd herein. BE IT FURTHER RESOLVED, thal thc Clcrk lO Ihe Board is hcrcb> directed to adverli~e Iht adoplion of this Rcsolution once in a paper of general circulation in the Courtly widm~ 30 da) s follo~ung ils adoplion BE IT FURTHER RESOLVED, thal lhc Clerk lo Ihc Board is hcrcb) directed to record a ccrlificd copy of this Resolution, thc proof of publication of the noticc of public hearing and Ibc proof of publication of thc nolicc of adopl,on of this Resolution in thc Official Record~ of Collier Count)', Florida. This Resolution adopted after motion, second and majority vote favonng .~amc. '' : DWIGHTE. ~QCK, Clerk BOARD OF COUNTY COMMISSIONERS COLI~IEREOUNTY. FLORIDA [~,AMEL~[ S. N'IAC'KIE. Cbainvon?m OR: 2557 PG: 3266 Prof~ssion,,I Engineers, Plsnners & Lsnd Surveyors VAC 9~-010 17D DESCRIPTION OF A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA (EASEMENTS TO BE VACATED) DESCRIPTIONS OF PARCELS OR TRACTS OF LAND SITUA/ED IN THE STA/E OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 3, TOWNSHIP 50 SOU/H, RANGE 26 EAST AND BEGIN FURTHER BOUNDED AND DESCRIBED AS FOLLOWS: EASEMENT "A" THAT PART OF AN EASEMENT LYING SOUTHEAST OF THE SOUTHEAST RIGHT-OF- WAY OF DAVIS BOULEVARD (STATE ROAD 84) OF THAT EASEMENT FOR PUBLIC ROAD RIGHT-OF-WAY RECORDED IN OFFICIAL RECORDS BOOK 195 AT PAGE 465, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING DESCRIBED AS THE WEST 30.00 FEET AND THE SOUTH 30.00 FEET OF THE WEST HALF (W. ½) OF THE SOUTHWEST QUARTER (S.W. 1/4) OF THE NORTHWEST QUARTER (N.W. I/4) OF SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST. EASE~ENT "B" BEING PART O1~ A DEDICATION RECORDED IN OFFICIAL RECORDS BOOK 240 AT PAGES 896 AND 897, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS: THE EAST 50.00 FEET OF THE WEST HALF (W. ~) OF THE SOUTHWEST QUARTER (SW I/4) OF THE SO--ST QUARTER (S.W. 1/4) LESS THE SOUTH 150.00 FEET THEREOF; AND THE WEST 50.00 FEET OF THE EAST HALF (E. ½) OF THE WEST HALF (W. ½) OF THE SOUTHWEST QUARTER (S.W. 1/4) LESS THE SOUTH 150,00 FEET THEREOF; ALL IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST. EASEMENT "C" BEING PART OF A DEDICATION RECORDED IN OFFICIAL RECORDS BOOK 240 AT PAGES 896 AND 897, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS: SHEET 1 OF 7 Ibm VAC ~10 TI-L~,T PART OF THE SOUTE 60,00 ~ O~ ~ NOR~ 525.~ ~ET OF ~ ~ 772.21 ~ET OF ~ ~ST 1032.21 ~ L~G E~T OF ~ E~T L~ OF ~ ~T ~ ~. ~) OF ~ ~ST ~ ~. ~) OF ~ SO~T QUAR~R (S.W. 1/4) OF SE~ON 3, TO~S~ 50 SO~, ~GE 26 E~T. EASEMENT "D" BEING PAKT OF A DEDICATION RECORDED IN OFFICIAL RECORDS BOOK 240 AT PAGES 896 AND 897, PUBLIC RECORDS OF COLLIER COUNTY, FLOR/DA BEING DESCKIBED AS FOLLOWS: COMMENCE AT THE WEST QUARTER CORNER OF SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST; THENCE S. 89° 52' 35" E. FOR 9.52 FEET ALONG THE SOUTH LINE OF THE NOKTHXVEST QUARTER (N.W. 1/4) OF SAID SECTION 3, TO A POINT ON THE SOUTHEAST RIGHT-OF-WAY LINE OF STATE ROAD S-g65; THENCE N. 31° 05' 30" E. FOR 306.08 FEET ALONG SAID SOUTI-IEAST RiGHT-OF-WAY LINE FOR THE POI1h'r OF BEGINNING OF THE CENTERLINE OF AN EASEMENT HAVINO A WIDTH OF 80.00 FEET AND LYING 40.00 FEET ON EACH SIDE OF SAID CENTERLINE; THENCE ALONG THE FOLLOWING COURSES DESCRiBING SAID CENTERLI2qE; S. 58° 54' 30" E. FOR 25.00 FEET TO A POINT OF CURVATURE; THENCE 66.97 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 65.00 FEET AND SUBTENDED BY A CHORD HAVING A BEARING OF S. 29° 23' 30" E. AND A LENGTH OF 64.05 FEET TO A POINT OF TANGENCY; THENCE S. 00° 07' 30" W. FOR 193.84 FEET TO A POINT OF THE SOUTH LINE OF THE NORThnA~ST QUARTER (N.W. 1/4) OF SAID SECTION 3, SAID POINT BEING S. 89° 52' 35" E. AND 220.00 FEET FROM THE WEST QUARTER CORNER OF SAID SECTION 3, AND SAID POINT BEING THE POINT OF TERMINUS OF SAID CENTERLINE. SIDELrNES OF .SAID 80.0 FEET WIDE EASEMENT TO BE LENGTHENED OR SHORTENED TO INTERSECT WITH THE SOUTH LINE OF ~ NORTHWEST QUARTER (N.W. 1/4) OF SAID SECTION 3. EASEMENT "E" BEING PART OF A DEDICATION RECORDED IN OFFICIAL RECORDS BOOK 240 AT PAGES 896 AND 897, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA BEING DESCRIBED AS FOLLOWS: COMMENCE AT THE WEST QUARTER CORNER OF SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST; THENCE S. 89° 52' 35" ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER (N.W. 1/4) FOR 220.00 FEETi THENCE S. 00° 07' 30" W. FOR 685.00 FEET ALONG A LINE 220.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF THE SOUTHWEST QUARTER (S.W. I/4) OF SAID SECTION 3 TO A POINT OF CURVATURE; THENCE 219.91 FEET ALONO THE ARC OF A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 140.00 FEET AND SUBTENDED BY A SHEET 2 OF 7 1713 VAC ~1~,0 I0 CHORD, HAVING A BEARING OF S. 44° 52' 32.5" E. AND A LENGTH OF 197.99 FEET TO A POINT OF TANGENCY; THENCE S. 89° 52' 35" E. FOR 288.23 FEET ALONG A LINE 825.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE SOIYlTIWEST QUARTEK (S.W. 1/4) OF SAID SECTION 3 TO THE EAST LINE OF THE WEST HALF (W. ½) OF THE WEST HALF (W 1/2) OF THE SOUTHWEST QUARTER (S.W. 1/4) OF SAID SECTION 3 AND TO THE POINT OF BEGINNING OF THE CENTER.LINE OF AN EASEMENT HAVING A WIDTH OF 80.00 FEET AND LYING 40.00 FEET ON EACH SIDE OF SAID CENTERLINE; THENCE CONTINUE S. 89° 52' 35" E. ALONG SAID CENTERLINE FOR 383.98 FEET TO A POINT OF TERMINUS OF SAID CENTERLINE ON THE EAST LINE OF THE WEST 1032.21 FEET OF THE SOUTHWEST QUARTER (S.W. 1/4) OF SAID SECTION 3. SIDELINES OF SAID 80.00 FEET WIDE EASEMENT TO BE LENGTHENED OR SHORTENED TO nqTEI~ECT WITH THE EAST LINE OF THE WEST HALF (W OF THE WEST I-IALF ON ½) OF THE SOUTHWEST QUARTER (S.W. I/4) OF SAID SECTION 3, AND TO INTERSECT WITH THE EAST LINE OF THE WEST 1032,21 FEET OF THE SOUTITWEST QUARTER (S.W. 1/4) OF SAID SECTION 3. BEARINGS ARE ASSUMED AND BASED ON THE SOUTH LINE OF THE NORTHWEST QUARTER (N.W. 1/4) OF SAID SECTION 3 AS BEAK[NG S. 89° 52' 35" E. DESCRIPTION PREPARED ON MARCH 17, 1999. Thomas C. Shaw Professional Land Sun'eyor Florida Certification No. 4672 SHEET 3 OF 7 ~KETCH OF DESCRIPTIOn, S LYING IN S[CTtC~ 3, TO~%~HIP ~0 SOUTH, RANG[ 26 EAST C~UER C~NTY, FL~IDA 17D RADIO ROAD £ I/2 SW ~/4 "*THIS IS NOT A SURVEY'" K'LORIDA CERllrlCATION NO 4672 ~ ~A~ illM 4M' ? VAC 9~OlO / / WEST 1/2 / SW / NW 1/4 A~E:A NO! VACATe0 t----- 772.21 ,, 10~2.21', , sw 1/4 SKETCH TO ACbMPANY DESCRIPTION LYING IN ~C~ 3, 'roy4q~i. flP ~o ~. R~ 26 EAST (~ m ~ v~) ~ (w. 1/2) ~ ~ ~S~ ~ (~w. ~/4) LESS ~ ~G P~T ~ A ~CA~ ~0 IN ~ ~C~ ~AT P~T ~ ~ ~ ~.~ ~[T ~ ~ ~ 525~ ~[T ~ ~[ EAST 772 21 FEET ~ ~ ~ST 1032,21 ~[T L~G EAST ~ ~[ EAST ~S~ ~(W. I/2) ~ ~ ~ST~ (w ~/2) ~ ~[ ~ST EAST ~/2 E ~/2. NW ~/~ SW ~/4 SECTION ~- 50- 26 NW 525' ENT "C" 0 R. 240 PGS 896 & 897 E 1/2, w 7/2, sw 1/4 E 7/2 sw 1/4 SW 1/4 EASEMENT 'B' 50' 50' OR 240:0' ~ PCS 8~6 & 897 W .-.,~- ~ L~[ ~ Sw 1/4 ~1~0' ~: ~S.: P~S ***THIS IS NOT A SURVEY*** FLORIOA CERTIFICATION NO 4672 ~ mA" Sbm~ 6~' '7 VA~ ~).010 17D ' May 27, 1999 'LTD si Ms. Pam Petrel1 Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing after adoption VAC-99-010 Cedar Hammock Petition Dear Pam: Please advertise the above referenced notice one time on Thursday, June 3, 1999. Kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Lisa Steele Deputy Clerk Acct. #113-138312-649030 NOTICE OF ADOPTION Notice is hereby given that on the 25th day of May, 1999, the Board of County Commissioners o[ Collier County, Florida, adopted Resolution 99-248, re Petiticn VAC-99-010, pursuan~ to Section 336.09 and B36.10, Florida Statutes, ~avid R. Underhill, Jr. P.E. from Banks Engineering, Inc., !~'.~:7~Agent for the petitioner, Clyde C. Quinby, Trustee, renouncing and disclaiming all rights and interests of the County and Pubic to access (ingress/egress) and travel upon the following roadways located within Cedar Hammock Project which was conveyed to the county by O.R. Book 195, Page 465 and Road Right of Way, Utility and Drainage Easements conveyed to the county by O.R. Book 240, Page 896, Public Records of Collier County, Floirda, and being loacated in Section 3, Township 50 South, Range 26 East. Resolution 99-248 may be viewed in the office of the Clerk to the Board, Minutes & Records Department, 4th Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. as BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PAMELA S. MAC'KIE, CHAIRWOMAN DWIGHT E. BROCK, CLERK ,itC? /s/Lisa Steele Deputy Clerk ~,~,~ <.~/ BY: · KipLet., FL. Af~'~c~v~t c.f P~oL~ca~on NapLes I)a~ Ly BOARD OF COUNTY ATTH: TOflYA PH]LLXP$ PO BOX 41~016 NAPLES FL 34101-30~6 REFERENCE: 001230 1131~83126/.90 5~887087 99--2~SNOTICE OF ADO S~ate o~ F~ortc~ Cowry of CoLt~er Before the undersigned authority, personetLy appeared AngeL· Bryant, ~ on oath says.tha~ larvas es AssJst*nt Secret,fy of the Neptel gmtLy Nevlt · d~JLy rmesp~per pubXtshed It HepLe$, tn CoLLier County, FLorida: that the attached copy of the ~dvert~stng us pubLtlhed Jn laid on d&tea Ltlted. Affiant further says that the l&td Naptel #e,~ tl · newspaper published ·t #aptel, tn satd Cattier Cos~ty~ Ftortde, end that ~ha pubttlhed tn latd COLLlaP county; ftorlaa; mtte~ ·t the post offtce tn l~ptes, 1n 'Cotttee ~ty, Ftortcle, foe e period of 1 next preceding the first I)ubtteetlofl of the att·ched co~ of idvertteele~.t; end 9~ft~nt "' further Ilyl that 1he hal ~ltl~r I~10 rmr pr~teed M~ per~; firm or c~oratto~ any 'i dllco~nt, rebate, ¢o~.~111.ofl or.refund ~or purpoie of lecurtng t~tl ~averttleHnt Yor i:)~)~JCltJOfl ~ the ilJd PUBLZS~EO Off: 06/0~ AO SPACE: 58.0OO XNCH FXLED (:X4: 06/03/99 .... 1.. ...................... Signature of Afft~nt //~ .._.. , ~. Svorn tO ~1 SublcrJbed before , thtl ~ day of ,.r--try k~ ~ -- //~~'~' NOTK:~ O~ Coun~ Commlssk~ne~s adopted Resolution ~-2~, re P~ VAC- ~10, ~ ~ ~- F~ S~ ~d R. U~rhill Jr, P.E. ~, C~ ~ ~l~v. T~. r~ ~ ngre~$/egre$~) Drainage ~osemenfs ~veyed ~ ~e c~ ti~ 3, Township ~ ~ F~, Ad- mlnls~atlon Building, T~ T~ ~ L~IER COUNTY~ ~A~WO~N ~WlOHr E. BROCK, CLERK L~ S~ele,