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BCC Minutes 09/02/1980 R Naples, Florida, September 2, 1930 LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Governing Board(s) of such special districts as have been created according to law and having conducted business h'rein, met on thin A-4-e at 9:00 A.''. ' ^-;ular Session ,, in Building "F" of the Courthouse Complex with the following members 1 present: CHAIRMAN: Clifford Wenzel VICE-CHAIRMAN: Thomas P. Archer John A. Pistor C. R. "Russ" Wimer David C. Brown II ALSO PRESENT: William J. Reagan, Clerk; Harold L. Hall , Chief Deputy Clerk/Fiscal Officer; Edna L. Brenneman, Deputy Clerk; C. William Norman, County Manager; Donald A. Pickworth, County Attorney; Terry Virta, Community Development Administrator; •leffory Ferry, Zoning Di.^nr+nr: 11 r, nett, 1 `_ I Administrative Assistant to the County Manager; Mary Morgan, Administrative l Aide to the Board; Ernestine Stephan, Administrative Assistant to the Utilities Division Director; and, Deputy Chief Raymond Barnett, Sheriff's Department. r AGENDA , 1 . INVOCATION 2. PLEDGE OF ALLEGIANCE . 3. APPROVAL OF AGENDA 1 ' 4 . APPROVAL OF MINUTES July 29 , 1900 I 5. PROCLAMATION AND PRESENTATION OF AWARDS — .t 6. SOCIAL SERVICES ' , 7. ADVERTISED PUBLIC HEARINGS A. Petition NZ-80-9-C, County Planning Department : requesting l an amendment to Section 38 E-Estates District , paragraph 2b which allows motor homes or travel trailers as a temporary residence while a permanent residence is being constructed , `. subject to certain conditions . (Community Development) "\ (Continued from 8/5/80 Agenda) B. Petition V-80-4-C, Horace Cromwell : requesting a variance to expand a building with a non-conforming setback: on the side. (Zoning Department) (Continued from 3/25/80 Agenda) . "4 September 2, 1980 • e 8. OLD BUSINESS L • 9. REQUESTS FOR ADVERTISING A. Petition V-80-10-C , Philip M. Francoeur : requesting variances from minimum distance between structures and from maximum density permitted . (9/23/80) B. Petition V-80-11 -C, Larry Lee Blough : requesting a variance from side setback requirement for Lot 20, Block 2 , Unit 1 , Naples Manor. (9/23/80) 10. COUNTY MANAGER ' S REPORT A. COUNTY MANAGER — I ( 1 ) Request by Mr. James F. Boney to obtain a concealed pistol permit . (2) Recommendation to accept Florida Boating Improvement Program Grant Funds and enter into a standard grant .0 agreement with the Florida Department of Natural Resources . - B. PUBLIC WORKS (1 ) Request for preliminary acceptance of various ; streets within Marco Beach Units 11 and 12. • (2) Recommendation for final acceptance of Lakewood Unit 5 and release of maintenance bond. C. YOUTH GUIDANCE VOLUNTEER SERVICES ( 1 ) Recommendation to secure new office space for Youth Guidance Volunteer Program. D. ZONING (1 ) Resolution to recover funds expended by the County to abate a public nuisance (weeds and vegetation) on Lots 25 , 26 & 27 , Block 34 , Unit 6, Naples Park. September 2, 1980 11 . DATA PROCESSING MANAGER ' S REPORT 12. UTILITIES MANAGER ' S REPORT • 13. COUNTY ATTORNEY ' S REPORT 14. CLERK TO THE BOARD ' S REPORT A. Payment of bills • B. Budget Amendments C. Other 15. BOARD OF COUNTY COMMISSIONERS 16. MISCELLANEOUS CORRESPONDENCE 17 . NEW BUSINESS 18 . PUBLIC PETITIONS 19. ADJOURN AGENDA - APPROVED WITH ADDITIONS/DELETION Commissioner Pistor moved, seconded by Commissioner Archer and unanimously carried, that the following item be withdrawn, pursuant to request by the County Manager: Petition NZ-80-9-C, filed by the County Planning Department, amending pertinent section of the Zoning Ordinance re motor homes and travel trailers. At the request of the County Attorney, the following items were added to the Agenda: Adoption of emergency ordinances creating MSTDs for the unincorporated areas of the County. • Commissioner Wimer moved, seconded by Commissioner Brown and carried 3/2 with Commissioners Wenzel and Pistor opposed, that the following matter be included in the Agenda: • ' Request by American Ambulance Inc. President to submit response to questions posed in report pertaining to recently completed audit of the firm. County Manager Norman asked that the following topics be added to the Agenda, where appropriate: • • September 2, 1980 1. Presentation of DOT Study on Mass Transportation; 2. Consideration of acceptance of the Landmark Estates water lines; 3. Appointment of a Canvassing Board for the 9/9/80 Primary Election. Pursuant to a suggestion by Fiscal Officer Hall , and concurred with by Chairman Wenzel , the following item was added to the A^^nda: - 1 Review of the recommendations of the Audit Selection Committee.* • . *NOTE: It was the consensus of the Board that this subject be deferred for two weeks to permit further review of the material furnished; however, at the urging of Mike Zewalk, North Naples Civic Association, Lance Hooks, East Naples Civic Association, Henry W. Maxant, Pine Ridge Civic Association, Otis Albright, Marshall Webb, Federation of Civic Associations, and Richard Hahn, it was decided that the matter would be addressed later in the Session. Commissioner Archer moved, seconded by Commissioner Brown and carried unanimously, that the agenda be approved with the deletion and additions T'. noted above. - MINUTES OF JULY 29, 1980 - APPROVED ,, Commissioner Archer moved, seconded by Commissioner Pistor and unanimously carried, that the minutes of the meeting of July 29, 1980 be approved as submitted. • PETITION NZ-80-9-C, COUNTY PLANNING DEPARTMENT, REQUESTING AMENDMENT TO SECTION 38 E-ESTATES DISTRICT, PARAGRAPH 2b, WHICH ALLOWS MOTOR HOMES OR TRAVEL TRAILERS AS TEMPORARY RESIDENCE WHILE PERMANENT RESIDENCE IS BEING CONSTRUCTED - WITHDRAWN; RE-ADVERTISING AUTHORIZED FOR PUBLIC HEARING TO BE HELD AS SOON AS POSSIBLE I Legal notice having been published in the Naples Daily News on July A t 17, 1980 as evidenced by Affidavit of Publication previously filed with 1 the Clerk, public hearing was continued from August 5, 1980 with regard to Petition N7-80-9-C, filed by the County Planning Department, requesting an t. amendment to Section 38 E-Estates Zoning District, of the Zoning Ordinance, t pertaining to motor homes or travel trailers being permitted while a ',r permanent residence is being constructed. Pursuant to County Manager C. William Norman's advice that it has been requested by the Petitioner that the ordinance be withdrawn and redrafted to i September 2, 1980 incorporate necessary changes, Conmissioner Pistor moved, seconded by Commissioner Archer and unanimously carried, that the ordinance pertaining to Petition NZ-80-9-C be withdrawn from the Agenda. Commissioner Pistor moved, seconded by Commissioner Brown and carried unanimously, that a pronoted ordinance ren rsina Petition NZ-80-9-C be re-advertised for a public hearing as soon as possible. RESOLUTION 80-170A RE PETITION V-80-4-C, HORACE CROMWELL, REQUESTING VARIANCE TO EXPAND A BUILDING WITH NON-CONFORMING SETBACK FOR PROPERTY LOCATED IN THE PINE RIDGE INDUSTRIAL PARK - ADOPTED Legal notice having been published in the Naples Daily News on March 9, 1980 as evidenced by Affidavit of Publication previously filed with the Clerk, public hearing was continued from March 25, 1980 with regard to Petition V-80-4-C, filed by Horace Cromwell , requesting a variance to expand a building with a non-conforming setback on the side for property located on wass n ng eon Stye,.,, the Pine Ri uye ,,,�.__. _. , a! K. Zoning Director Jeffory Perry referred to the Executive Summary on the subject, dated August 18, 1980, to explain the background information with regard to the petition, the amendments to the Zoning Ordinance which have been adopted by the Board in the interim since the petition was originally filed, and the reasons why the subject petition is now being recommended for approval by the staff. There were no persons registered to address the issue, whereupon Commissioner Archer moved, seconded by Commissioner Brown and unanimously carried, that the public hearing be closed. Commissioner Brown moved, seconded by Commissioner Archer and unanimously carried, that Resolution 80-170A with regard to Petition V-80-4-C be adopted, as recommended. * i * * * 9 September 2, 1980 RESOLUTION 80-170-A n • Relating to Petition Number V-80-4-C For A Variance of Property Ilere.nafter Described in Collier County, Florida. WHEREAS, the Legislature of the State of Florida in Chapter 125 and 163, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public, and • • WHEREAS, the county pursuant thereto has adopted a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances, and WHEREAS, the Board of County Commissioners, being the duly elected constituted board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered �. the advisability of a Variance to expand a building..-with a non-conforming setback on the side. in a I zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement has been made concerning all applicable matters required by said regulations and in accordance with Section 41 of Article 3.B of the Zoning Regulations for the Coastal Area Planning District, and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled and the Board having considered all matters presented, NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS • of Collier County, Florida, that the petition of Horace Crorewell represented by Horace Cromwell with respect to the property hereinafter described as: (See attached) be and the same hereby is approved for a variance of the "z" zoning district wherein said property is located, subject to the following conditions: Nnnr' arm tn'r 0/1 azc ass . -_� September 2, 1980 RE IT FURTHER RESOLVED that this resolution relating to Petition V-80 Number —4—C be recorded in the minutes of this Board. Commissioner Brown offered the foregoing resolution and moved its adoption, seconded by Commissioner Archer and upon roll call the vote was: AYES: Commissioners Brown, Archer, Pistor, j•limer and Wenzel NAYS: Nor ABSENT AND NOT VOTING: None ABSTENTION: None Done this 2nd day of September 1980 . ATTEST: BOARD OF COUNTY COMMISSIONERS WILLIAM J. REAGAN, CL RK COLLIER COUNTY, FLORIDA • hai •� P JLP/sgg/6-C Planning Dept. 4/19/79 September 2, 1980 . .. . • ,••^_-Y!.,,ti.r•;.T•••.�•e•'1'.tl,.!-(,I,tr•7h'►'^•t..•;s•.+Trq.-i•�.•�r•SZ•Y^�.1.•.v=I.-Yr.�.. 4 i .3►.:L .. ... •-l.j--1 .. ..-.�••)...►i.. 5.,. . .. ..•«y. .•:,....tr.. .:4. j'''-... •'._ _.-.•. •••"A. ..1:.•• Y Jv. ,t f�,, ;� , "�=. :. a. :;fi15�r3 : • !`:NT. T J'� 1 F -This .J]Ti2.fnl) Drtr( ...t, ...../.....•1..1 it. a`I d,., ..( 2,..11--.-e, .l I). 07 I. I., * j 11 711E Pi::F. COMPANY ;t IL • (wp•••t:..n .,i'fintl ond•. IR. tau•. '1 Florid n . •n.l Ln.ino it. p 1 t.lnr• of ,.nnri n ` R•..in•.. -' 866 - ' • %oe. 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A. r.. • ..J l.•.. 1.11./......s,�i..2 y. .:.,.t /'Let..4.-.(4.t_,p A li•!,,•,d. - e)l 1 :;.�f .r,:.'y robs:. ct,t, 'f r '11!1::)'_•.1 . • r;. •„1.1x Co,sn,.¶..a1 L•C�11.:ti'rl.2,:J i'.'•?• /ift'ii!4• . %7ii1/:1.otime:a1•m/arr•/Fy: rat.::tt T. te:1nun, 1'r.•,.ldenl Ttso elms Cu:,;,auy 1 t r1./111.1 864 - '5th Ave., .S., Hapless Fl. 33940 1 1 ' September 2, 1980 ORDINANCE 80-85 ESTABLISHING MSTD IN UNINCORPORATED AREAS OF COUNTY FOR FUNDING GENERAL COUNTY OPERATIONS - ADOPTED, FOLLOWING DECLARATION OF EMERGENCY County Attorney Pickworth explained that two proposed ordinances are being brought before the Board at this time as emergency ordinances due to the advice from the Fiscal Department that prompt action is needed in order to make the financial allocations in the proposed budgets for FY 80-81. The two ordinances, said the Attorney, are to put into effect the tentative decisions which have been made concerning the settlement of • the Double Taxation issue with the City - one ordinance is for funding general County operations such as the Planning, Building, Zoning Departments, together with the Airports, a portion of the Sheriff's budget, and the like, and the second ordinance would cover funding for the Road & Bridge Department's activities with regard to the local roads and subdivision streets paid for by taxes levied in the unincorporated areas. Commissioner Archer moved that an emergency be declared in view of the fact that there are budgetary considerations involved. The motion was seconded by Commissioner Pistor and unanimously carried. Commissioner Archer moved, seconded by Commissioner Brown, that Ordinance 80-85 establishir.g a MSTD in the unincorporated areas of the County for funding general County operations be adopted. Commissioner Wimer explained that he will vote for the adoption of the subject ordinance in order to solve the "Double Taxation problem;" however, he said that he is casting a negative vote against including the Sheriff's Department, the roads, the Parks Department and Engineering in the subject Districts. Upon call for the question, the motion carried unanimously and the ordinance as numbered and titled below was adopted and entered into Ordinance Book No. 12. September 2, 14d0 t ORDINANCE NO. 80 - 7.5-- AN ORDINANCE OF COLLIER COUNTY, FLORIDA, CRE- ATING A GENERAL UNINCORPORATED MUNICIPAL SER- VICE TAXING UNIT FOR THE PURPOSE OF PROVIDING . MUNICIPAL SERVICES IN THE ENTIRE UNINCORPO- RATED AREA OF COLLIER COUNTY. GRANTING THE BOARD OF COUNTY COMMISSIONERS POWER AND AU- THORITY AS THE GOVERNING BODY OF THE UNIT; GRANTING THE POWER AND AUTHORITY TO DETERMINE AND LEVY SERVICE CHARGES, SPECIAL ASSESSMENTS OR AD VALOREM TAXES IN TILE UNIT TO PAY FOR ESSENTIAL FACILITIES AND MUNICIPAL SERVICES FURNISHED BY THE COUNTY IN THE UNIT; GRANTING , THE POWER AND AUTHORITY TO DETERMINE THE . AMOUNT OF AD VALOREM TAXES WHICH MUST BE LEV- TED AND COLLECT" 'N THE UNIT TO ^," FnR SER- VICES AND PROJECTS PROVIDED OR FURNISHED BY THE COUNTY IN THE UNIT; DECLARING AN EMERGEN- CY TO EXIST AND PROVIDING AN EFFECTIVE DATE. • ORDINANCE 80-86 ESTABLISHING MSTD IN UNINCORPORATED AREAS OF COUNTY FOR FUNDING ROAD & BRIDGE OPERATIONS - ADOPTED, FOLLOWING DECLARATION OF EMERGENCY Pursuant to discussion which took place in the preceeding action • with regard to the adoption of Ordinance 80-85, Commissioner Archer moved, seconded by Commissioner Pistor and unanimously carried, that an emergency exists with regard to funding the MSTD's in the unincorporated areas -- ' of the County. - --- Commissioner Archer moved, seconded by Commissioner Brown and unanimously carried, that the Ordinance, as numbered and entitled below, be adopted and entered into Ordinance Book No. 12. • - ORDINANCE NO. 80 - O b AN ORDINANCE OF COLLIER COUNTY, FLORIDA, CRE- ATING A ROAD AND BRIDGE UNINCORPORATED MU- ; a NICIPAL SERVICE TAXING UNIT FOR TIE PURPOSE OF PROVIDING SUBDIVISION AND LOCAL ROAD AND STREET IMPROVEMENTS IN THE ENTIRE UNINCORPO- RATED AREA OF COLLIER COUNTY. GRANTING THE BOARD OF COUNTY COMMISSIONERS POWER AND AU- THORITY AS THE GOVERNING BODY OF THE UNIT; • GRANTING THE POWER AND AUTHORITY TO DETERMINE AND LEVY SERVICE CHARGES, SPECIAL ASSESSMENTS OR AD VALOREM TAXES IN THE UNIT TO PAY FOR THE DESCRIBED SERVICES FURNISHED BY THE COUN- • TY IN THE UNIT; GRANTING THE POWER AND AU- ,w' THORITY TO DETERMINE THE AMOUNT OF AD VALOREM TAXES WHICH MUST BE LEVIED AND COLLECTED IN THE UNIT TO PAY FOR SERVICES AND PROJECTS . PROVIDED OR FURNISHED BY THE COUNTY IN TIM UNIT; DECLARING AN EMERGENCY TO EXIST AND PROVIDING AN EFFECTIVE DATE. - r t HUI *040 September 2, 1980 SUBMITTAL OF RESPONSE FROM AMERICAN AMBULANCE INC. TO QUESTIONS POSED PURSUANT TO AUDIT OF THE FIRM BY PEAT, MARWICK, MITCHELL b CO. - TO BE FURTHER ADDRESSED FOLLOWING REVIEW OF MATERIAL BY STAFF Mr. Jack Maguire, President of American Ambulance, Inc. , provided the Board members with copies of his letter dated September 2, 1980 transmitti.., his response t‘ questions pus.... :,: the Peat, Marwicv; Mitchell & Co. Audit of the firm. He said that to his knowledge he has provided all of the information requested by Clerk William Reagan and • the auditors and requested the opportunity to again address the Board when the responses furnished have been "digested." JP Following a brief discussion, the Chair directed that the material furnished by Mr. Maguire be turned over to Clerk Reagan and his staff for a review and that when this has been done that a report to the Board __ be forthcoming. Mr. Zewalk's re' '' " '' ' el directed that copies of the subject information be made available to the public by the County Manager's office. PETITION V-80-10-C, PHILIP M. FRANCOEUR, REQUESTING VARIANCES FROM MINIMUM DISTANCE BETWEEN STRUCTURES AND FROM MAXIMUM DENSITY PERMITTED - ADVERTISING AUTHORIZED FOR PUBLIC HEARING 9/23/80 Commissioner Archer moved, seconded by Commissioner Pistor and unanimously carried, that Petition V-80-10-C, filed by Philip M. Francoeur, requesting variances from minimum distance between structures and from maximum density permitted on property located on Lots 25 through 30, inclusive, Block A, 4. Conner's Vanderbilt Beach Estates, Unit 1, be advertised for a public hearing on September 23, 1980. PETITION V-80-11-C, LARRY LEE BLOUGH, REQUESTING A VARIANCE FROM SIDE SETBACK REQUIREMENT FOR LOT 20, BLOCK 2, UNIT 1, NAPLES MANOR - ADVERTISING AUTHORIZED FOR PUBLIC HEARING SEPTEMBER 23, 1980 • Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously, that Petition V-80-11-C, filed by Larry Lee Blough, requesting a variance from the side setback requirement for Lot 20, Block 2, Unit 1, Naples Manor, be advertised for public hearing September 23, 1980. r September 2, 1980 REQUEST BY JAMES F. BONEY TO OBTAIN A CONCEALED PISTOL PERMMIT - DENIED Administrative Assistant to the County Manager H. G. Willett informed the Board that a request has been received from James F. Boney for a permit to carry a concealed pistol on the basis that the applicant's primary h,Mciness is that of security work. Referring to the information submitted in the Executive Summary dated August 21, 1980, Mr. Willett said that the applicant does not meet the terms of the pertinent ordinance - specifically, that Mr. Boney's primary business is not security work, and stated further that there is no alternative but to recommend denial based on this fact. Commissioner Archer moved for acceptance of the staff recommendation that the permit requested by James F. Boney be denied. The motion was seconded by Commissioner Pistor and unanimously carried. FLORIDA BOATINu irirrtuyd ENT ^:. .: '.M GRANT FUNL., - ., ,,,.iLMAN AUTHORIZED TO EXECUTE GRANT AGREEMENT, SUBJECT TO APPROVAL BY COUNTY ATTORNEY AND COUNTY MANAGER The Board was informed by the Administrative Assistant to the County Manager H. G. Willett that the County has received permits for the no wake" signs from all appropriate agencies, as listed in the Executive Summary dated August 25, 1980, and that final action can now be taken by the DNR to process the Florida Boating Improvement Program Grant application in the amount of $15,000. The Grant Agreement, which requires execution by the Board, said Mr. Willett, is now being prepared and, in order to expedite the program and avoid any further delays, it is being recommended that the Board accept the DNR grant and to authorize the Chairman to execute the Grant Agreement provided that it is acceptable to the County Manager and the County Attorney. r:mmissioner Archer moved, seconded by Commissioner Pistor and unanimously carried, that the staff recommendation be accepted, as detailed above. September 2, 1980 PRELIMINARY ACCEPTANCE OF VARIOUS STREETS WITHIN MARCO BEACH UNITS 11 AND 12 - APPROVED Reading from the Executive Summary dated August 21, 1980, Public Works Administrator/Engineer Barksdale reported that certain streets within Marco Beach Units 11 and 12 have recently been completed and ;nspc.,ued. is the staff rep._;.- _.idation that ope...:.:1 of preliminary acceptance be granted, continued Mr. Barksdale, with the understanding that the Deltona Corporation will be required to maintain the subject streets for a one-year maintenance period, at which time the streets will be reinspected for any deficiencies. Commissioner Pistor moved, seconded by Commissioner Brown and unanimously carried, that the Board grant preliminary acceptance of the following streets within Marco Beach Units 11 and 12: Marco Beach Unit 11 : " :. :.,'.n Cour} - from Giraid? }^ Court 2. Hull Court 3. Rockport Court Marco Beach Unit 12: 1. Kendall Drive - from Hernando Drive to 120' north of Renard Court 2. Renard Court 3. Maunder Court 4. Thorpe Court 5. Gray Court • 6. Richards Court 7. Austin Court 8. Parkhouse Court 9. Clifton Court FINAL ACCEPTANCE OF LAKEWOOD UNIT 5 (EXCLUDING LAKEWOOD BOULEVARD) - APPROVED; MAINTENANCE SECURITY BOND (NO. U. S. 00064 IN THE AMOUNT OF $55,279.07) RELEASED Prefacing the Board's consideration for the final acceptance of Lakewood Unit 5, Public Works Administrator/Engineer Barksdale informed the Board that the one-year maintenance period has expired with regard to Lakewood Unit 5, excluding Lakewood Boulevard, and said that the County staff has reinspected the project and recommends its final acceptance. Also being recommended, he continued, is the release of the Maintenance Bond (No. U. S. 00064 in the account of $55,279.07), and the retention of September 2, 1980 Construction Bond (No. U. S. 00065 in the amount of $29,844.32) to guarantee the completion of the construction of sidewalks. Commissioner Pistor moved, seconded by Commissioner Archer and carried • unanimntwsly, that the staff reromr ndation with regard to the final acceptance of Lakewood Unit 5 (excluding Lakewood Boulevard) be approved, as detailed above. PRESENTATION OF FINAL REPORT CF DOT TRANSIT STUDY FOR COLLIER COUNTY - TO BE FURTHER DISCUSSED 9/9/80 IN CONJUNCTION WITH ACTION RE REFERENDUM/STRAW VOTE TO DETERMINE PUBLIC REACTION TO SUBSIDIZING TRANSIT SYSTEM; COUNTY ATTORNEY TO PROVIDE LEGAL OPINION IF VOTE COULD BE BINDING Before proceeding with the presentation of the Service Area Development Summary with regard to the Collier County Transit System, as prepared by the Department of Transportation, Public Works Administrator/Engineer Barksdale brought to the Board's attention that the Board will be taking • action September 9, 1980 on the scheduling of a referendum to determine the public's reaction to the matter of subsidizing a transit system. It was his suggestion that the material being distributed by the DOT representative be reviewed by the Commissioners prior to the next meeting. Mr. Doug O'Hara, Planner with the Department of Transportation, advised that a five-year program has been developed, providing for a fixed-route system the first year to a combined fixed-route/point deviation by the fifth year, explaining the routes, the times of operation, the fare, and other t ' \ $ i pertinent points involved in the system. Referring to the prepared report, Mr. O'Hara said that there are two programs for funding the project - one alternative being Section 18 Federal Funding, and the other Section 18 Funding and FDOT Service Development Program using State Bus Fleet. A brief question and answer period followed the presentation during which Commissioner Wimer made the suggestion that, instead of a straw ballot being held to determine the reaction of the public regarding the need f and support for a transit system, that there be a binding referendum held. i. County Manager expressed doubt that the Commissioner's suggestion could be pursued but that he would consult with the County Attorney and provide a September 2, 1980 response for the next meeting. • Mr. Robert Russell , member of the Citizens Advisory Committee, established for the purpose of studying the feasibility of a mass transit system, and also the President of the Naples Civic Association, pointed out • "gat ::.ire ar, capital or c; -'--`'n; costs ref';--`-' i►► the projected figures and, although his organizations are not opposed to the project, in his opinion the public should be made fully aware of what they will be voting for in the referendum or straw vote. Mr. Egon Hill offered his expression of support for the proposed project; however, he said that, if in the first year, the people in the outlying districts of the County who are really in need of the service, are excluded, he would be very much surprised if those persons would vote for the system. Mr. J'— ';n, re •Psenti ng the 1 -"'- - of f'nmm....rP on the Citizens Advisory Committee, acknowledged that it is the Chamber's position that the time is coming when a transit system will be a necessity and would probably have to be operated at a deficit. He said that if the 50t fare being proposed is increased, such deficit could be held to a minimum. The discussion was concluded with Chairman Wenzel reiterating that the matter will be further discussed at the next Board meeting on September 9, 1980. Submitted for the record was a letter dated September 2, 1980 from Lyle S. Richardson, President of the Naples Civic Association, summarizing the projected deficit for the system and including recommended wording to be placed on the ballot as proposed by the Citizens Advisory Committee. e * * * * * * * * * * * * * * * * * RECESS: 10:10 A.M. until 10:17 A.M. * * * * * * * * * * * * * * * * * COUNTY MANAGER AUTHORIZED TO NEGOTIATE A LEASE FOR OFFICE SPACE FOR YOUTH GUIDANCE VOLUNTEER PROGRAM; CHAIRMAN AUTHORIZED TO SIGN LEASE TO BECOME EFFECTIVE 10/1/80 Pursuant to County Manager's explanation, as detailed in the Executive Summary dated August 22, 1980, Commissioner Wimer moved, seconded by September 2, 1980 Commissioner Brown and unanimously carried, that the County Manager be authorized to negotiate a lease for office space in the Stone Realty Building, on 11th Street, N. to serve the Youth Guidance Volunteer Program; that the lease be in a form acceptable to the County Attorney; and that the Chairman be authorized to sign said lease to become effective 1980. RESOLUTION 80-171A TO RECOVER FUNDS EXPENDED BY THE COUNTY TO ABATE A PUBLIC NUISANCE ON LOTS 25, 26 and 27, BLOCK 34, UNIT 6, NAPLES PARK - ADOPTED Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously, that Resolution 80-171A, to recover funds expended by the County to abate a public nuisance on Lots 25, 26 and 27, Block 34, Unit 6, Naples Park, owned by Jean Thompson, be adopted. * * 9 * I iR `{ 3 * * * L {t a f .. 11 la PACE t"- . .. . 000K , . R-80-171 -A September 2, 1980 a. A RESOLUTION OF THE BOARD OF COUNTY • . COMMISSIONERS PROVIDING FOR ASSESSMENT ` OF LIEN, FOR THE COST OF THE ABATEMENT , .` OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 76-14. WHEREAS, as provided in Ordinance 76-14, the cost of abatement of . certain nuisances, including administrative costs actually incurred by the • County, shall be assessed against such property; and , WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and - WHEREAS, such assessment shall be legal, valid and binding obligations upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of legal notice of assessment after which interest shall accrue at a rate of six percent '6%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property des- cribed as follows, and having been abated of a public nuisance after due and • proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME LEGAL DESCRIPTION COST • . Jean Thompson Lots 25,26 & 27,Block $160.00 iilislaNNW 1' "'Ties Park Unit 6 • t _.. l The Clerk of the Board shall mail a notice of the assessment of lien to the owner or owners of the above described property, and, if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy .. of this Resolution shall be filed in the Office of the Clerk of Courts, in and _ for Collier County, Florida, to constitute a lien against such property accord- ing to law, unless such direction is stayed by this Board upon appeal of the •---------.. assessment by the owner. . DONE, ORDERED AND ADOPTED this 2nd day of September • - 1980 after motion, second and roll call vote as follows: { i Commissioner Archer Motioned and aye Commissioner Pis tor Seconded and aye ' Commissioner Winer Aye i Commissioner Brown Aye Commissioner Wenzel Aye 4 •s ..A•Ti'. ST: BOARD OF COUNTY COMMISSIONERS WILL1 ' J. REAG ' •CLERK COLLIER COUNTY, FLORIDA �� i / / l '• r IF ' CUF.!"� D WENZEL/ CH. IRMAN •1 •'i; • CW/JP/sgg/6-J September 2, 1980 LANDMARK ESTATES WATER FACILITIES •- ACCEPTED SUBJECT TO STAFF STIPULATIONS; EASEMENT, AND OTHER PERTINENT DOCUMENTS - FILED FOR THE RECORD, FOLLOWING RECORDATION Administrative Assistant to the Utilities Division Director Ernestine Stephan addressed the Board in the absence of Director Berzon rr^^astir: .accept- of the water Estates Phase I, a mobile home rental park located on Old U.S. 41, just north of the Carribean Mobile Home Park. She explained that the water and sewer lines have been constructed within the area - the sewer lines, at the request of the developer, are not being dedicated to the County at the present time. The water lines, said Ms. Stephen, are being dedicated and easements have been received, commenting that all of the streets within the development are not being dedicated but will be owned and maintained by the developer. Two matters have been found to be wrong with the construction of the water lines, she cons;--- ,. ,ainin^ r he nature of however; she said it is being recommended that the water lines be accepted with the stipulations that the subject insufficiencies be corrected within the contractual guaranty period of one year from the date the facilities are accepted. The developer, Roy V. Whisnand, President of Landmark Associates, requested that the Board defer action on the matter until later in the Session when the engineer for the project is expected to be present. In the interim period, at the request of Commissioner Pistor, Ms. Stephen provided a status report on the proposed site for the Goodland 1 Water District storage tank. She said that the County has received a Quit Claim Deed from DOT for the property and that acceptance of same is scheduled on the Board's Agenda for the following week. In the meantime, said Ms. Stephen, the Deed has been referred to the County Attorney's office to be checked for legal sufficiency before recording, and that the project engineers are performing a boundary survey and some soil surveys of the site • prior to the preparation of tnt final plans. Later in the session, Mr. Whisnand, noting that his engineer was still not in attendance, said that if the corrections to be made are clarified to September 2, 1980 4 him, he is willing to state that they will be made within the one-year period, although acknowledging that he does not understand the technical aspects of them. However, said Mr. Whisnand, whatever is required will be done because it is vital that his tenants have a water supply. V.-^r moved, seco^-°4 'y Commi ssi orn"- R ..hsr and unanimously carried, that the water facilities within Landmark Estates Phase I be accepted with the following stipulations: 1 . Installation of four air release valves on the water lines in the locations designated in Mr. Berzon's letter of 8/20/80 to the developer's engineer; and, 2. That all blow-off valves have a thrust block inscalled around the main water line going into the valves; and, also, that the following documents be accepted and/or recorded: 1 . Bill of Sale; 2. Warranty Deed; 3. Affidavit of No Liens; 4. Easemer*• 5. Letter from North Naples tire Control D I s tri c t. District is accepting the ownership ano responsibility for the maintenance of the fire hydrants; 6. A Verification of Final Costs for the Water Facilities; 7. An updated list of customers and/or property owner; • 8. Certification from the developer that there were no Contributions in Aid of Construction; 9. Contractual Guarantee for meterials and workmanship; 10. Certification from the engineer of record that all of the Water Facilities are constructed within the dedicated easement area; 11 . Pressure tests results on the water lines; 12. Copy of the bacteriological tests results; 13. One set of As Built Drawings; and 14. A letter from the DER certifying that the water lines are bacteriologically cleared. * * * 663416 September 2, 1980 liP:CTED AR p PG rip OFFICI!' r,_rr_^ POOK ft 0 QQ1 PG 12 2 COLtIFF. . • • - itEMM1 PH, '60 1 CEP 3 3 49 EASEMENT ir i KNOW ALL MEN BY THESE PRESENTS: That LANDMARK ASSOCIATES, a Florida General Partnership, for and in consideration of the sum of One Dollar ($1.00) and other. good and valuable consideration, has given and granted unto ::he Bc__.a of L.ountl ..ummissioners o.. Collier County. Florida a Utility Easement in and over and across the following described premises, lying and being in Collier County, Florida, to wit: (SEE EXHIBIT "A" , CONSISTING OF PAGES A -' 0 _ THROUGH A ^ 9 ATTACHED HERETO AND MADE A PART HEREOF, AND INCORPORATED HEREIN BY REFERENCE. ) Grantor does hereby fully warrant title to said land and will defend the same against the lawful claims of all persons whomsoever. This Easement is given for the purpose of maintenance of sewer, water, and n+-h-•- munirioal utilit•+- . • - - 1 IN WITNESS WHEREOF, I have hereunto set my hand and seal ------ this 0 23 day of July, 1980. LANDMARK ASSOCIATES, by Landmark Management Company, Inc. , Managing General Partner . / • • By /4 s-1 . Roy,7. Whisnand, President STATE OF FLORIDA U COUNTY OF COLLIER I HEREBY CERTIFY that on this day personally appeared before I me, an officer duly authorized to administer oaths and take acknow- . ledgments, ROY V. WHISNAND, as President of Landmark Management Company, Inc. ,Managing Gen. Partner, LANDMARK ASSOCIATES, - to I me well known to be .the person described in and who executed the fore- going Easement,. and. acknowledged before me that he executed the same freely and voluntarily for the purpose therein expressed. WITNESS my hand and official seal at the City •of^Na les, County of Collier, State of Florida, this ..... day of 'July, .1,98.0: . My commission expires: q : i .f/ O I �,,•( 1!I • 7/.... %'fry:(�� ....•c..�Y . NOTARY PUBLIC . : j, (`S tAEr. .`� v ; .-t) i' LAW Ormcs .. QAOWM.NICMOLS O.R.881 PG 1283 • 800X 055 PAGE 108 September 2, 1980 LANDMARK ESTATES SOUTH 1/2 OF THE NORTHWEST 1/4 LYING EAST OF U.S.41 (AI.T) LESS THE SOUTH 881 FEET THEREOF SECTION 15, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA EXHIBIT " A " _ LEDGEND INDICATES PROPOSED PAVEMENT , SHADED PORTION INDICATES EASEMENT TO BE GRANTED TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER . — _ ___ COUNTY, FLORIDA - f ' ^I CATES SHE 7 "'" ' ° .11► A-7 A rAul -9 r5i r r- 7i/=f LLJL RfCAACTEO N ill I 1 ----- F . -J L--I I -I 1 . A-2 A-4 A-6 A-8 SHEET LOCKf I ON :1AP s • • PREPARED FOR: • LANDMARK ASSOCIATES • PREPARED BY: WILSOII,MILLER,BARTON,SOLL & PEEK, INC. ENGINEERS, LAND SURVEYORS & PLANNERS NAPLES, FLORIDA AUGUST 1980 , 8 : . 0.R.881PG 1284 Septerber 2, 19;' • 0� •1 n� 24 i • I n i • 1� 25 1 ir r I vi O � I N- 27 i a h� II) N Bf.:! 32 f/6 1v4 Z2 ./7 —40./:20.68' t. SODIf 055 PAGE • • 4 q EXHIBIT "A" • .^ . •• . . • • . .. . . . . __ ------- ---- • . - ii 0 r g J .4;44 . 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" # 2 8 # 4 R= 15.00' A= 23.56' CH= 21.21' . " • 6= 90° CH= N 44°-321-18" W EXHIBIT "A" : . PnF -4 , • . , - rk A _� r:- - UAL 6'61 r'a > Lr)(7 \' a • -. :"I' te? i - S jPtember-2,. 198d - _ i • . N89.32=17'w i 740.00' I , : •• I ! /5 /6 /7 /6 ! /'3 • I 1 i •N89' 32'18-W` 730.00. : 1 — _ — _ — -+.0*.yes.. ' -,. C.•`.N. •N\‘' ..-'.': •N•-•••\• —DP 1; N:'-.";• '' . ` • _- }- �_y...-- t'-.'= ►.,-� _ '� T„ '�---__--- ;Z=18"3t7 N89°-32'-ra•w t„ N89.-32.-18-W • ^OI_ �.� -ION — 4 0 1=- I , i it 7 a : z ;S.: I Z j _?) •10 .2^: 1G'O 6 i x i - _' 18"W N29--32-19�W N 89'-32•-18•'k' %y am p r } _ `` 65.00 _ 4.1 C C07.w '', --ai• . r1 N 89• -32"-18"14-1--;1;.; N89"•32•-/8'"i✓ •� I I �I I ,j I \ '. 3 W �o?.. to W lo(o :\� 4 I \``• •' 0 z 3 csi -- $ ory --,; -1 r h ?� 1 N • I N ,_9 0 0 63 O O G,7 O Z ':•1 2 2 1.j%I z I z ' - m 3O—Cow�' '• , N 89'-32.18"M/ •—.•• 5-2.-/5 W /',:-• N 89'32'-18" W ill Tr.. `_� (01:1'4. i•� 00 i" ! ! '\ 50.00'— J/01____—50.00,,�` `_. ,:z•„>•.....;\ -`tio ., 1(` . . 71 :."•.`s.,N-\- \., • ..:•,-7•7,:\ \•\ .'"'i \\- --.---.- .--...--.\N. ■\,, 1 .\\,X,----• ''''.-.. s-' . --\\\'-., • . ..1-7 N A9 -32:-1K°ti/ /4).00' �SI C.00' i l.1 1 ,i I 1:1N89.3. • till -• I - I N � I 2 cNt.9. ' Z `....•),D' N89.-32.-18"W '1-0.00' — II. `' • _ BOOK 055 PACE I.13 N ' >, CURVE TABLE 1 # 1 & # 3 R= 15.00' A= 23.56' CH= 21.21' N • • a = 90' CH= N 45°-27'-42" E EXHIBIT "A" ..` # 2 & # 4 R= 15.00' A= 23.56' CH= 21.21' PACE A-5 • • ':-90' CH= N 44°=32t-"J W 1 * .. . -to P ", 4., • 1- '..� ' /9 20 2/ 22�°•I • ''l N.r 23 •s R: S. Nv 1Of■ 0000 CN=7.07 \ Z • .1r0 C) •. _ C N• /4'43';27=4 f E J;., , • 07 \ \\\ ,\ \ t\.\ \\\\\\,\�`\ -a �\ • . cp . ._ 12\ . _ . N89`•32`-18"W 255.00' --� /, 1, 1 I' r rr - - , 40I 1o� •, 0I I O ,8 69 70 •7/ 72 • . ,.�, 47.00'J1;:t_z — _ — __ -T. — ! -- E:O v '•N89?32•T/e"�V. ' :1. . . •• 1 '. • - •—'21 !• , . ,-. .\ )--,. \,• . . \ \\\.• ,_j,,- . as:\\ • '•\ . f\a ,' • \'\ l' \\ • \\\_ . , N r "--15r— ,,S�10--- -- i:y59'-3L=18•W ;145.00. 5 I ' ' t 00' I I I IN59'32-in I,/ Y ti � .� .1 i I ( /35 I t I�'^/�G /37 /38 r o -r... 13 / II i 9 /40 i o 1 1:• I i 1 1 z ° ► • •N 89=32 1E W 2 i 1 l 45_0; I�Y _-- :N89'•32=1s"W 145.00•_ SL-- ! • t N 89.:32 : /B..W 2329. 3/ ' • • k N RECORDER'S NEMO: Losilat7 - *: d with% Typing or rem ; EXHIBIT "A" • daddry is this domino* . whoa nai.ai PAGE A-6 7. �t ------.—. , UAL obi r eal 3 4:11) 1 -..- eptember 2; 1980 .. ,ice \� tt\ / /1) . • V. • • • • • . • N 89"32:1,5"W 560.oO' • J N 89°•32'•/8''W 550.00' i 1 1 i 72 r 7 74 75 76 77 76 iii 1 I 1 I . I • N 89'-32'-18'11j 550.00' , \\\H . N. . _ \ \\\I- ,1 ..\.\.\\ „\\ - .\. ..;\\, . i N89'-32=118"W 590.0p' • /4/ /42 /43 /44 /45 /4(4 • .. - i . o • ` i 1 —;——— —— — N 89°O-33a-8_W 590.00_ 1 a--.7.7.____o — . RECORDER'S MEMO: Legiloati el writing, Typing or Printing in 055 PAgE N T "A" 1., vita method. i ii,• _ _- t' --__ � I E P�-7 . . . . . . . , . . . .... ' , .., t..4 • ••• . P . . ...,...-...`. ...,..."... '. . .. ... . ''. inanill...ar r....................-. .. ..... ......'... ... . .... • , . ..- ,4 14°‘ °55 .... . ---,1 • ._ t___I \-, L sepwibtr 2 s 19',..- --- : ' . : 1 N-i •.1. „(//89 32:41 W S(..- /0.00' ---- ----■,-.-__ .-, A/59..32:Wt./ 75.00' • IJZ51340'-:::(2.:-012i14; ..---- —.—— — r ... . :1 .,._ . • . • ; „..., i, Fs —„,,...,,,.t --,.:,k,.. . . . . . ify:T\IP9'9-.362.-18'w I .-I \\ . .*4 •. . • .,11 11 I 84 85 141^ ... . ra i"-.. . • • 10. . . \.-!. 0 : • . - in c.) ...- 16.4...t, El 8 (:: • .0 F. - 0 • ' ' C'eo 14-; ^ - ...•. . .0 C 0 :. 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Nell. • o 1.. .:1 ° 1 ...S.; :.;;IC9 rd- 12 • In Alileall111101P-----`" k - I ' ---- - cv . _ _ i‘j, • \ , -1:-\\ i '' ___: • _ - - - _—_I I ui tii . 1.t,I tli :. \-:-••, . — ...__,. 80 • :-- u.1 89 .92 • • . .-—--:-_-..-—J ...I -r4 qj I. 9'11k 'es, . 'iNi hi vf. 4 ''• ' \ : • . . . - . \ •. • : N -frzi.' • .. 1 :T!• ..1- , . ;,-- ;.,' 0.: .... 8 o i c.) 21' .,. $12 . _ .:.;: z- I .•I 2b I- • \ 1 . 1.. . I 90 91 1;101 - • ' ,1 N 8.9*---32r-18"ki J -: .. -.. .A N 89.-32..:18'14 ill:$' N 89*-32.*-18-14 1,1 r\, 1 . .- . - ..: --t z>....4_50.00"... _ -.1 I -5-0.0 0' !)-.• ‘'- 50 00' —___ ' L_ : ..1.-./., .. H • -, • :1, TT— 7.-./". .:1-•.,_.-\ .- • - , . . \ •-\ . ..,, \ . ' . . ,. . . _,-.:.• ...:;..7-..::. ...: .*..-..- ' . " . . . .. . • . . . . . I . .. ___.--22.--—'._-:_:—--_. ..:--_.:--: I .•-.....--....:-•-L...:-...--:.:L.:- . --i•I — — • . tic,j. 1 Tr 01- . " . . . • .. 0 . • 8.i.- • • /47 /48 /4 9 /501... 6;1 • mt. ,I. • \5:? i 16 '..-, - 1„I .. • 2 2 2 'W 95.00. I ___......___________ _________,_ ______ . .•• . ' I • • I - - 1 CURVE TABLE . . . • • # 1 & 0 3 R= 15.00' A= 23.56' CH= 21.21' N , ' = 90° CH= ti q5°-27'-42" E A "A" • • $.'! 2 g 0 4 R= 15.00' A= 25.56' CH= 21.21' PAGE A-8 . . 6= 90° CH= N 44.=32i-18" W i‘ ---- , • • _ Septembeo II 881 PG 1292 �. �1�=0.Cti0'! 140.GO' tlI 50.00' 1 n8 2 i' .' _ 75:00' _-J _.�_. (�' �5.C0 1C 1 _E • t ., 1 i r� 8� -32 1aw N � 1 � � 0 I I` G 1� --- - .\ `\1 \ 1 .11 W 1 _, � � 11 \� 1,„ .�(. Ns • �•A N 1� /07 3.\�_•\{ .:1 1 • . . .,,--- -- --- C I I� -- '. l_ ;,q 10° z 1 Vii'• . 99 1 /O� ` `I O //O • :! I I N 82 32 1$';✓I 1 N F,' 32' 1.5"t,/ ( i N O i ` 65.00' t /x,5.0^• � 1 I i .. • --.---� 1 --.- �. 1 1 r 65.00" 1 65.00' �; ly — N 89" 32•- ig"W11 i N 89' .32. 18"W 1 �J i -'- 1;•\1 • to • 1 , /OS . r•O • , i, I L�U G I I O .) N • _ ' Ri \ - � - ?1 ; - N�- N ` v . • .JI d N I r 'J \N I 0 I N r r ll'::. . .. ' .- /02 21112 1... " / \ N 890-32-18`W (101 N-89°-32'-18"W j'-.. ;1\1 : I T w. ;, . 50.00__j I 50.00 / .i �- s e 1 !. .►2�i ! (-----✓� N89'32'18"W io 0 Li =_ '.\, .. . • �I ` \\�.� 38.18.J =5.00'151 N89'-32=18�'w 93 00' 11b'FLJ N 85° 32=Is"w x58.69' 1'� �., 41 ; + w 1 ¢ ' 2*r- 10.1 n/53 /5 r 0 I ,.,., /55 /56 /57 .N Q.110*• Imo. , 11 v 2 1 0 1 ° i o ° �) 1 N . .)o' 151 N 89°-32-)3W 4�.CO',1 I 7 — N '69--32 /5p.64' _ _ I . . . • :....,•-;,--!•,.•.. •' . —--if..=. .7—. •LA ' v 'AGE M 111RVE TABLE Z 1 & fl 3 R= 15,00' A= 23.56' CH= 21,21' ' A = 90° CH= N 45'-27'-42" E : N EXHIBIT "A" 2 & f� 4 - '15.00' A= 23.56',56' CH= 2 -°�' il, ; )PAGE A-9 - �- yh' rt.; r! ry1!•-79'-1R" b) o .,,._, September 2, 19: �1� c�.Er 1 . Mll oI SALI.A"9.0IVTt e"^•� , �� !,t{r�118 ... .... . — O.R.881 PG 1293 • know fill men by Mat presents Thal LANDMARK ASSOCIATES, a Flori ra General Partnership, • of the City of Naples ,in the County of Collier - a __ and State of of the first part,for and in consideration of the sum`s •• Onc Dollar ($1.00) � ; lawful money of the United States,to it paid by the BOARLD OF COUNTY party oM the SSI ONER•, of Collier County, Naples, Florida, anted,bargained,sold,transferred and delivered, part,the receipt whereof is hereby acknowledged.have 9r • and by these presents&es grant,bargain,sell,transfer and deliver unto the said party of the second part its executors,administrators and assigns,the following goods and chattels ,-teearglillrom. • To aim the water lis, .. in LANDMARK .,J..f.ES, excepting %I._ ° ' • ._ • fire hydrants and fire hydrant leads located in Collier County, Florida. Said water lines lying in and being in the following described real property: (See attached legal description attached hereto and made a part hereof, marked as Exhibit "A".) - Cistt: .:.l:C.x • ,C1.:1. '•`•'.9A W 3 4 'D:9 Aim • . To Have and to Mold the same unto the said party of the second part, its executors,administrators and assigns forever. r AND it does for itself and its heirs,executors • .� . and administrators,covenant to and with the said part' of the second part, its executors, administrators and assigns,that it is the lawful owner of the said goo ell the chattels;that they are free from all encumbrances;that it h same aforesaid,and that it will warrant and defend the sale of the said property,goods and chattels hereby made,unto the said part y of the second part its executors. administrators and assigns against the lawful claims and demands of all persons whomsoever. 2n illitn4sytterrof, it ha s hereunto set its hand and • seal this cd day of July one thousand nine hundred and eighty. •` LANDMARK ASSOCIATES, a Florida )Signed, sealed and delivered in presence of us General Partnership, by Landmark ,f/; Management Company, Inc. , a • '� ` " • Managing General Partner �C."t_,-.- r,; S ttttt oftnriaa, B ,,y .% -�.,s7 . R y/p. Whisnand, President • - emadu of COI*.IER V 31 lirrehg (Etrtifg that on this day personally appeared before ame, Presidenul of Lando k administer oaths and tel,..accnowledoements. Roy V. Whisnand, Management Company, Inc., Managing General Partner of Landmark Assoc1at . to me well known to be the person described in and who executed the foregoing NI of Sale,and acknowledged before me that he executed the same freely and voluntarily for the purpose therein.expressed. • WitntBB my hand and official seal at Naples July," Collier and State of Florida ,this �.,''� day of .': County of T _t AD. 19 80 J�-,,, L ` n. com expires: Notary Public,State of F1o7Cir'Cia' (SEAL); ' • My commission expires ,s . . , . . • .. . . .. ., .. ,,,, . , • - ' .. . . . . . . ... . • . • - . . . . . . • _ , / • . .. . • . O.R.881 PG 1.24 : . . .. - . . .. . . • / . . , .• . LEGAL DESCRIPTION SCPTION September 2, 1980 . ' .• • • . ----7) , . • - . • - . . • . • ,• -.... ., • . That portion of the South 1/2 of the Northwest ' • • 1/4 lying East of State Roa(145 (Tamiami Trail) . • • . LESS the South 881.8 Feet thereof, Section 15, . ...--- • ' • . Township 48 South, Range 25 East, Collier County, ' • , . .Florida. . . . - . . • - ' . . - • • • ' . . . -. . . . • . . . .- . , • • . . • AND : • . - •7 '. — . .. . • • . • . • . ." . . ' .. . . ' • . t . , . . . . . . • . . . •.! An easement in part of SeCtion 15, Township 48 South, '. • • . • govaloutess . . • • I ' Range 25 East, •Collier.County, FlOrida -and being more • ' . • ' particuiarly descrio - as•fdllows; . . ' • commencing at the Southwest .corner of the Northwest 1/4 . . . . of Section 15, Township 48 Sbuth, Range 25 East, •Collier .County,%Florida; • • .- . . . , •, thence along the South line of the Northwest 1/4 of said - • %Section 15, -South 89°-32,-18" East 34 .06 feet to the Easterly • ' I.• :. Right-of-Way line of State Road 45 (Alt. U.S.41) ; . . - thence Northeasterly along said Right-of-Way line 1867.47 feet • along the'arc of a non-tangential .circular curve concave to • • • the Southeast having a radius of 5679.65 feet, and bt.ling . • subtended by a chord which bears North 15°-20'-46" East • • ' • 105907 feet to the POINT OF BEGINNING of the easement herein described; .- . . ' thence continue along the Easterly Right-of-Way - . line of State Rd.45(Alt.U.S.41) Northeasterly ' -100.31 feet along the arc of a circular curve .-Atilk.inel■ "" , : -----' . to 4 Southeast' nnd havinn a radius of . . • ,. . . . . 5673.65 feet and being subtnnuc, ,,y a chord v.;,...-.. • .:. bears -North 25°-16'-176 East 100. 31 feet; . . • • thence South 69.6-07'-591. East feet; • . i • - - % . • thence South 20°-52'-01" West 178.05 feet to 4 . • • . • a point of curv.tture; . ,. '. . thence Southwesterly 257.25 feet along the arc • - , .. . • . of a circular curve concave to the Southeast, . . • . . having a radius of 722.32 fcet and being subtended • . • by a 'chord which bears South 10°-39'-51" West 255.09 feet; . - • • thence South• 0°-27'-42" West 4 .1G feet; . ' thence North 89°-321-17" West 60.00 feet; . . • thence North 0°-27'742" East 4 .16 feet to a • . . . • . ' point of curvature; . . • • - • thence Northeasterly 278..61 feet along the arc of a . circular curve concave to the southeast having a radius . . • ' of 782.32 feet and being subtended by a Chord which . • ' ' bears North 10°-39'-51" East: 277. 14 feet; .. - thence North 20"-52'-01" East • 8.05 feet.; - .- . ' thence North 69"--07'-59" Went 297.70 feet to the • Point of Beginning of the easement herein described; . . . , ' containing 1.295 acres of land more or less. , - - - • . . • . . - • • _ . . . . ' . . • . • • NUARMUMMEMO: Leelility . lite,,,we:A,I Vet Ititi a 'me* TTPillg " N'thal nu■fA CO:'.1:-i.sLcc:o.: , .. .. , . WIL1 MIA J.Rt.'...•I t.CI EPIC . i unsatisfactory in this doramost ay GLORA“OLLANO.O.C. whs. F t • BOOK 055 PACE119 . . t . . r . . . 1 -1 1 --1 , .• - I 1 ) )J' $ September , •:1 - 055 P, DO('O L.__A BOOK ��- I-11 / ill IT(T- �_ /rarra►'lJ eed O.R.881 PG 12 5 THIS INDENTURE,Made this 3 day of July A.D. 19 80, Between LANDMARK ASSOCIATES, a Florida General Partnership, } • the Grantor -.s._- And BOAT.D OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, the Grantee whose post office address is: Collier County Courthouse . Naples, FL 33942 Witnesseth,That the Grantor, for and in consideration of the sum of TEN DOLLARS AND OTHER VALUABLE CONSIDERATIONS in hand paid by the Grantee, receipt whereof is hereby acknowledged, • hereby conveys to the Grantee the real property in Collier County, Florida,described as: TO all the water lines in LANDMARK rcTATES, " e" except the fire hydrants and fire hydrant • leads located in Collier County, Florida. Said water lines lying in and being in the following described real property: (See legal description attached hereto and • . made a part hereof, marked as Exhibit "A".) 't1; • - SAP 3 3 518O AI .. • f . And the said Grantor does covenant that the property is free of all encumbrances, that lawful seisin of and good right to convey that property are vested in the Grantor,and that the Grantor hereby fully • warrants the title to said land and will defend the some against the lawful claims of all persons whom- soever. LANDMARK ASSOCIATES, by Landmark Signed in the presence of: Management Company, Inc. , Managing . 44;17 General Partner . ... 4/3. .21r� . /.�'I !� %l.''�'�"'i (sFeu ' � I i J • ' BYRoy V. Whisnand, President t tl (SEAL) (SEAL) ' STATE-OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, ROY V. WHISNAND, as President of Landmark Management Company, Inc. , Managing General Partner of LAKM.LK • ASSOCIATES, °• "'� to me well known to be the person described as Grantor and who executed the fdregoing•dti ;',ehcl acknowledged before me that said person executed the same freely and voluntarily.•for, theiirp6ee . therein expressed. - .• • • WITNESS my hand and seal this day of July 1 . ,) D. 12) 8Q, . - My Commission Expires:'. i/- ` �ji"•/' `��� ''�'^ ti+;. Notary Public ' .'',,,(T`40-1'AVS.gAL) - This instrument prepared by q. • ' : * : September 2, 1980 t. a , t O.R. 881 PG 1266 ,I .1 • . . • ••LEGAL DESCRIPTION { ` • • .-----'--.__'.��.._._.-�. � � the Northwest That portion of the Scu�h 1/2 °f Tamiami Trail) ' • 1/4 lying East of State Road 45 ( Section ail LESS the South 8h, Raneeet2thereof,Collier County, • Township 48 South, g Florida. AND • sCRa. •. - - - 48 South, • An easement in part of Section 15, Township • Range 25 East; Collier.County, Florida 'and being more { • particularly described as•follows; • Commencing at the Southwest .corner of the Northwest 1/4r Township 48 South, Range of Section 15, q r,f said - County, Florida; • - thence along the South line of the Northwest- 1 89°-32'-18" East .34.66 feet to the Easterly Section 15, South State Road 45 (Alt_ U.S.41) ; • tRight-of-Way ence N-Y)th aste of _ • thence Nor theastealnon�tangentciall`c}irculatracurveeconcave7toeCt ' • along the'arc h a radius of 5679-.65 feet, baste the Southeast having 20 subtended by a chord which bears North L 1859:07 feet to lthe POINT OF BEGINNING of the easement • .__.. herein - of-of • thence continue along the ra �� . line of State Rd.45(Alt.U.s.41) ciortheasterly • loo. feet along the arc of J , ;,thus of ■ and having a concave to the and ette:-'stubtended by a chord which 5579.65 feet and being bears North 25-0-161-176 � 1 6 17'' East 100.31 feet; thence South 69�-07'-59r. East. 350.00 feet; thence South 20 °-52•_01" Hest 17II.05 Kent to ?:-_.,Y�_ a point of curvature; r - thence Southwesterly 257.25 feet along the arc . of a circular curve 'concave to the Southeast, • by a radius of 722.37 feet and beincJ s,ebten5edtt9 feet; - by a chord whioh2bca'?"South t 4 .16 � • thence South; 0 °-32'-17" West 60.00 feet; j thence North 89 4.16 feet to a ' thence North O°-27'-/i2" East _ point of curvature; 278.61 feet along the arc of gluts• thence Northeasterly • _ concave to the Sout-heast'havi Which Chord cfrc7lar curve ' °f " 782.32 feet and acing subtended by bears North 10°-39'-51" East 277.14 feet; thence North 20°-52•-01" Fast -18.05 feet G9°_07•_59" Ne;t 297 .7,0 feet to the I thence North of the c<Isement herein described;point of Beginning of land more or less. - containing 1j295 ac res _-- •• ._•.. __ R,ce.ded and VeAf4d • ti 011t61 Rae.reff of WtLl1AA11.R[AGAr1• ---- ...'7(.11A MC)ll/— tc asehlagtory is this dogmas . vim received. . 1--1 1_ .-.1 . September 2, 1980 ROUTINE BILLS - AUTHORIZED FOR PAYMENT Commissioner Brown moved, seconded by Commissioner Archer and carried unanimously, that the bills, having been processed following established procedures with funds available, be approved for payment as witnessed by foll .:;ng ch '''s issued from "7--t 27, 1980 t!^r---h cPptember 2, 1980: ACCOUNT CHECK NO. BCC Payroll 15159 - 15622 County Checks 11620 - 11785 General Fund 16 TAX ANTICIPATION NOTE ISSUE OF 1980 IN THE AMOUNT OF $500,000 FOR SEWER SERVICE AREA B, SOUTH HALF (EAST NAPLES) - APPROVED FOR ChAIRMAN'S SIGNATURE Commissioner Archer moved, seconded by Commissioner Brown and unanimously carried, that the $500,000 Tax Anticipation Note for Sewer Service Area B, South Half (East Naples), Citizen's National Bank and Trust, one year at 6.49% interest, be approved for Lne Chairman's signatuic, vi ,sented by the Fiscal Officer. * * * * * * * September 2, 1980 STATE OF FLORIDA COUNTY OF COLLIER TAX ANTICIPATION NOTE ISSUE OF 1980 KNOW ALL MEN BY THESE PRESENTS, that the Board of County Commissioners of Collier County, Florida, for $500,000.00 re- ceived Septembei s, 1980, to pay to Le►t= :,carer, from t proceeds of ad valorem taxes levied upon taxable property in Collier County, Florida, the principal sum of Five Hundred Thousand Dollars and No/100 ($500, 000.00) , payable on or before September 2, 1981, with interest thereon at the rate of Six and Forty-nine One Hundredths (6.4990) . Both principal and interest in this Note are payable in lawful money of the United States of America at the County Courthouse, East Naples, Florida. This Note is one autL. __..ed to be ins,.. ,tee the cost of sewer improvements in the Countyunder the authority of and subject to the terms of County Ordinance 79-103, and a Resolution duly adopted by the Board of County Commissioners of Collier County, Florida on the 12th day of August, 1980. The Board covenants that it will cause to be levied upon all taxable property within the County, without limitation of amount, sufficient taxes to pay the principal and interest of the Note as the same comes due. It is hereby certified and noted that all acts, conditions and things required to exist, to happen and to be performed precedent to and in connection with the issuance of the note, exist, have happened and have been performed in regular and due course and form as required by the laws and constitution of the State of Florida applicable thereto, and that the issuance of this Note does not violate any constitutional or statutory • ; ' 4 47AcE1.44 September 2, 1980 provisions or limitations. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, issues this Note and causes the same to be signed by the manual signature of the Chairman and Clerk thereof, and the seal of the Board to be affixed thereto this 2nd day of September, 1980. ATTEST: BOARD OF COUNTY COMMISSIONERS WILLIAM J. REAGAN COLLIER 'UNTY, FLORIDA 1 • Clerk of Circuit Court / n �'` i j, kiai'C 2t / Ac. /, �/iL� 1cn�r n . cc- i if ord Wenzel, + 'l . ..--- i;; r Approved as to form and legal • '` '* suf ciency: I. /✓r•:J//►/ Donald Pickworth Collier County Attorney 1 : 1 1 X . . September 2, 1980 • CHAIRMAN WENZEL AND COMMISSIONER WIMER APPOINTED TO CANVASSING BOARD FOR 9/9/80 PRIMARY ELECTION Commissioner Brown moved, seconJed by Commissioner Archer and carried 4/0 with Commissioner Pistor having left the meeting temporily, that Chairman Wenzel • and Commissioner Wimer be appointed to serve on the Canvassing Board for the September 9, 1980 Primary Election. • ktguEST nT COUN i , MANAGER TO ATTEt. :';:,NUAL ICMA CONi-cd<LitJL, BEING ABSENT FROM THE COUNTY FROM 9/26/80 THROUGH OCTOBER 12, 1980 - APPROVED Commissioner Wimer moved, seconded by Commissioner Brown and unanimously carried, that the request from County Manager Norman for approval to attend the Annual ICMA Conference, as set forth in his memorandum to the Board dated August 27, 1980, be approved. It was noted that Mr. Norman will be absent from the County from September 26, 1980 through October 12, 1980. REQUEST BY STAFF FOR APPROVAL OF TEMPORARY HELP IN THE BCC OFFICE - APPROVED Commissioner Archer moved, seconded by Commissioner Brown and unanimously carried, that � uc t for - -'d approval ` 3f tempos"- help in the BCC office for several days be approved, as set forth in the memo- randum dated August 29, 1980 from Administrative Aide to the Board Mary Morgan. MUTUAL TERMINATION OF EMPLOYMENT CONTRACT WITH DR. NENO J. SPAGNA, EFFECTIVE SEPTEMBER 30, 1980 - APPROVED As requested by Dr. Neno J. Spagna in his letter to the County Manager dated August 29, .1980, Commissioner Archer moved, seconded by Commissioner Brown and unanimously carried, that the mutual termination of Dr. Spagna's employment contract with the County be approved, effective September 30, 1980. t r. STAFF RECOMMENDATION THAT RECOVERY TIME PURSUANT TO HOSPITILIZATION OF DR JAY HARMIC BE CONSIDERED TIME SERVED IN BEHALF OF COUNTY AND NOT CHARGED AS LEAVE WITHOUT PAY - APPROVED Administrative Aide to the Board Mary Morgan reviewed briefly the contents of the memorandum dated August 27, 1980 from Community Development Administrator 'Terry Virta to County Manager Norman wherein it is recommended that the recovery time of Dr. Jay Harmic, Environmental Consultant, pursuant to his hospitalization, be considered as time served in behalf of. the County and, if possible, not be charged as leave without pay. It was noted that the number of hours involved, beyond remaining vacation time, totals 116 hours. r September 2, 1980 Commissioner Archer moved, seconded by Commissioner Brown and unanimously . 1 , carried, that the recommendation be approved. • Commissioner Wimer pointed out that if an individual is on a contract with the County, he is not a County employee per se, and, in the event of illness, or the like, his pay does not go on without special action on the part of the Board. Mr. Norman concurred; however, pursuant to Commissioner Wimer's suggestion that this matter should be clarified when the subject contract is considered for renewal, Mr. Norman said that he would prefer to leave the contract the way it is written, in this respect, to avoid any possible conflict with IRS rulings with regard to the matter. Later in the Session, Mr. Egon Hill , although stating he is in favor of paying a "good man" sick leave, questioned whether or ',ot such payment would re- quire an addition to his contract before payment could be approved. Chairman Wenzel directed County Attorney Pickworth to research the matter and, if the Board has taken the wrong action, such action can be rectified the following week. BOARD APPROVES REQUEST FOR TRAVEL OF DESIGNATED ENGINEERING DEPARTMENT EMPLOYEE TO ATTEND FDOT COURSE ON "UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY AQUISITION POLICIES ACT OF 1970" BEING HELD IN FT. LAUDERDALE 9/15/80 THROUGH 9/26/80 Administrative Aide to the Board Mary Morgan explained briefly the memo- randum dated August 28, 1980 from County Engineer Barksdale to County Manager Norman requesting travel for Patricia M. Carroll , Planning and Design Engineer, • to attend a ten-day course sponsored by the Florida Department of Transportation in Fort Lauderdale on the "Uniform Relocation Assistance and Real Property Aquisition Policies Act of 1970". Ms. Morgan said the request is being brought • to the Board's attention in accordance with Board policy regarding travel requests in excess of $350 and, also pointed out that the Act is complex and the FDOT is encouraging all counties to send a representative, tuition free. Commissioner Wimer moved that the travel request, as detailed above, be approved. The motion was seconded by Commissioner Archer and carried 4/1 with Chairman Wenzel voting in opposition. September 2, 1980 COUNTY MANAGER APPRISES BOARD OF HIS PLANS TO MEET WITH COLLIER COUNTY CIVIC FEDERATION RE DOUBLE TAXATION ISSUE County Manager C. William Norman informed the Board of his intention to meet with the Collier County Civic Federation in the near future to explore the con- cerns set forth in the letter dated August 29, 1980 from Elbert D. Tripp, Vice- President of the aforementioned organization. He said that, hopefully, he can help them to understand the various issues commented upon in the subject letter. CHAIRMAN AUTHORIZED TO SIGN LETTER TO GOVERNOR AND CABINET OPPOSING PROPOSED RULE ADOPTION-- 16D-PART III, F.R.C. , USE OF BOATER IMPROVEMENT FUNDS Commissioner Archer moved, seconded by Commissioner Wimer and unanimously carried, that the Chairman be authorized to sign a letter, to be drafted by the County Manager, to the Governor and his Cabinet opposing the Proposed Rule Adoption - 16D-Part III, F.A.C. re use of Boater Improvement Funds, as suggested by the Palm Beach County Engineer in his letter dated August 21 , 1980. Mr. Norman said that he has reviewed the material furnished with the letter and that he shares, in part, the concerns expressed. RESOLUTION GW 80-5 RE GOODLAND WATER DISTRICT AUTHORIZING THE ISSUANCE OF BONDS FOR DISTRICT - ADOPTED As recommended by County Attorney Pickworth, Commissioner Archer moved, seconded by Commissioner Pistor and unanimously carried, that Resolution GW 80-5, authorizing the issuance of bonds for the Goodland Water District, be adopted. �.f t z BOOK 055 September 2, 1980 • • ,/7 4 e" ti RESOLUTION GW-80-5 RESOLUTION OF THE GOODLAND WATER DISTRICT PROVIDING FOR THE ACQUISITION, CONSTRUCTION AND ERECTION BY SAID DISTRICT OF A WATER SYSTEM IN THE AREA OF THE DISTRICT WITHIN COLLIER COUNTY, FLORIDA; AUTHORIZING THE ISSUANCE BY THE DISTRICT OF NOT EXCEEDING ` 100,0^^ WATER REVENT'r rONDS, SER.IE: $468 ,500 WATER REVENUE BONDS, SERIES B TO FINANCE A PART OF THE COST THEREOF; PLEDGING THE GROSS REVENUES OF SAID SYSTEM AND ASSESSMENTS AGAINST SPECIALLY BENEFITED PROPERTIES TO SECURE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THE BONDS; AND PROVIDING FOR THE RIGHTS OF THE HOLDERS OF THE BONDS. BE IT RESOLVED BY THE GOVERNING BOARD OF THE GOODLAND WATER DISTRICT, COLLIER COUNTY, FLORIDA, as follows: ARTICLE I GENERAL 1 .01 Definitions. When used in this Instrument , the following ter-- have ' '-^ followin; ' ..ss the text clearly otherwise requires: "Annual Budget" shall mean the Annual Budget adopted by the Issuer pursuant to Section 3 .04 ( A) of this Instrument . "Assessments" shall mean the proceeds to be derived from the assessments to be levied, in an aggregate amount not less than $260,000 , against the lands and properties to be specially benefited by the construction of the Project, including interest on such assessments and any penalties thereon and money received upon the foreclosure of the liens of any such assessments , but excluding money recovered for the expense of collecting Assessments. "Board" shall mean the Board of County Commissioners of the County and, ex officio, the governing body of the Issuer. "Bonds" shall mean the Water Revenue Bonds, Series A and Water Revenue Bonds, Series B of the Issuer authorized to be issued pursuant to Section 2 .01 of this Instrument and shall be deemed to include also any obligations issued hereafter by the Issuer pursuant to the provisions of Section 3 .04 (I) of this Instrument . • "Chairman" shall mean the Chairman of the Board . • September 2, 1980 r .. . • "Clerk" shall mean the Clerk of the Circuit Court for Collier County, ex officio Clerk of the Board of County Commissioners of 'the County and ex officio Clerk of the Issuer. "Construction Account" shall mean the account or • • accounts created pursuant to Section 3 .03 of this Instrument for the purpose of receiving bond proceeds and other funds to pay the • Cost of the Project. "Cost ," when used in connection with the Project, shall • mean all expenses necessary, appurtenant or incidental to the acquisition and construction of the Project, including without limitation the cost of any land or interest therein or of any • fixtures, equipment or personal property necessary or convenient therefor, the cost of labor and materials to complete such construction, engineering and legal expenses, fiscal expenses, expenses for estimates of costs and of revenues, expenses for plans, specifications and surveys, interest during construction and administrative expenses related solely to the acquisition and construction of the Project. "County" shall mean Collier County, Florida . "Fiscal Year" shall mean the period commencing on October 1 of each year and continuing to and including the succeeding _ September 30. "Government" shall mean the United States of America, acting through the Farmers Home Administration, U.S. Department of Agriculture. "Gross Revenues" shall mean all moneys received from rates, fees, rentals or other charges or income received by the Issuer or accruing to it in the management and operation of the System, all calculated in accordance with accepted accounting methods employed in the operation of public water systems similar to the System. • "Instrument" shall mean this resolution and all resolu- tions amendatory hereof which may be hereafter duly adopted by the Issuer. "Issuer" shall mean the Goodland Water District created by the Ordinance. • "Net Revenues" shall mean Gross Revenues less Operating Expenses. "Operating Expenses" shall mean the current expenses, paid or accrued, for the operation, maintenance and repair of all facilities of the System, as calculated in accordance with such • BOOT( 055 4,t.1 September 2 , 1980 accepted accounting methods, and shall include, without limiting the generality of the foregoing , insurance premiums, administra- tive expenses of the Issuer related solely to the System, labor, cost of materials and supplies used for such operation and charges for the accumulation of appropriate reserves for current expenses not annually recurrent but which are such as may rea- �onabiy be ex ecc ted to be i,.c.. red in accordance with such accepted accounting methods; but shall exclude payments into the Sinking Fund or the Reserve Account therein and any allowance for depreciation or for renewals or replacements of capital assets of the System. "Operation and Maintenance Fund" shall mean the account created pursuant to the provisions of Section 3 .04 (D) of this Instrument for the purpose of receiving funds transferred from the Revenue Fund for the purpose of paying Operating Expenses. "Ordinance" shall mean Collier County Ordinance No. 75-5, as amended and superseded by Collier County Ordinance No. 80-43. "Pledged Funds" shall mean the Gross Revenues and the Assessments . ": . ,.. . shai ; in the water_ _ . constru: by the Issuer pursuant to the authorization contained in this Instrument in accordance with certain plans and specifications now on file with the Clerk. "Revenue Fund" sha'.t mean the account created pursuant to the provisions of Section 3 .04 (B) of this Instrument , into which all Gross Revenues shall be deposited by the Issuer. "Sinking Fund" shall mean the account created pursuant to Section 3 .04 ( C) of this Instrument , into which moneys shall be transferred from the Revenue Fund for the payment of the prin- cipal of and interest on the Bonds. "Special Assessments Fund" shall mean the account created pursuant to the provisions of Section 3 . 04 (E) of this Instrument, into which all Assessments shall be deposited by the Issuer. "System" shall mean the complete water system to be acquired, constructed and erected by the Issuer as the Project, to be owned, operated and maintained by the Issuer, together with any and all improvements , extensions and additions thereto hereafter constructed or acquired. 1 .02 Authority for this Instrument . This Instrument is adopted pursuant to the provisions of the Ordinance and other 1 applicable provisions of law. September 2, 1980 4 � �. 1 .03 Findings . It is hereby found and determined that: (A) Pursuant to Section 125 .01(5 ) , Florida Statutes ( 1979 ) , the Board has the power to create special districts within which special taxes may be levied and within which may be • provided municipal services and facilities; and pursuant to such power and Article VII , Section 1 of the Constitution of the State ' 1979 ) , granting of : lori..� and ction 125 .6 cz ida ng St�,.�_ . . _ to the Board all powers of local self-government to perform 1 county functions and to render services in a manner not incon- sistent with general or special law, such power to be exercised by the enactment of county ordinances , the Board created and established the Issuer by enactment of the Ordinance. By the Ordinance the Board defined the. unincorporated area of the County comprising the "area of the District" and established and designated such area as a municipal service taxing and benefit unit. (B) The Issuer does not presently own or operate a water system, and the Project is necessary for the continued pre- servation of the health , welfare , convenience and safety of the citizens and inhabitants of the area of the District . (C) Pursuant to the Ordinance the Issuer has caused to be made such surveys, investigations , studies, borings, maps, plans, - of costs as it !deemed and does deem to be necessary to have prepared so that the Board has available to it a comprehensive study and report setting forth the type and estimate of costs of the System, together with the location thereof, and of each integral part thereof, by terminal points and routes , a description of the System by its material , nature , character and size and an esti- mate of the Cost of the Project. The Issuer has been advised by its consulting engineers and it is hereby found and determined that the estimated Cost of the Project is ;. 1 ,118 ,0p0whirh shall be paid with the proceeds of the sale of the Bonds and a federal grant in the amount of $ 614 ,900 (D) The revenues to be derived annually from the rates, rentals, fees and other charges made and collected for the ser- vices and facilities of the System are estimated to be $ 60 ,300 , and, together with the Assessments (estimated to be $260,000 plus interest on the outstanding installments thereof) , will be suf- ficient to pay, as the same shall become due and payable, the principal of and interest on the Bonds and Operating Expenses , the aggregate annual amount of which is estimated to be $ 56 ,925 . It is estimated that the period of . usefulness of the System will exceed forty-one years . ;a. September 2, 1980 •Doox OJO wag (F ) A part of the cost of the construction of the Project will be assessed against the lands to be specially bene- fited by the Project , in the manner provided by law. Such assessments and penalties thereon and money received upon the foreclosure of the liens of any such assessments (except money recovered for expenses) constitute the Assessments pledged „ereuilder. (G) It is deemed necessary and desirable to pledge the Pledged Funds to the payment of the principal of and interest on the Bonds. No part of the Pledged Funds have been pledged or hypothecated except with respect to the Bonds. (H) This Instrument is declared to be and shall consti- tote a contract between the Issuer and all of the holders of the Bonds; and the covenants and agreements herein set forth to be performed by the Issuer are and shall be for the equal benefit, • protection and security of all of the legal holders of any and • all of the Bonds, all of which shall be of equal rank and without preference, priority or distinction of any of the Bonds over any other, except as hereinafter provided. ( I) The .Issuer is not, under this Instrument, obligated to levy any ad valorem taxes on any real or personal property situated ar' ,f the Dist_ _. . princir-' or interest on the Bonds or to pay Operating Expenses . The Bonds shall not constitute a lien upon the System or any other property of the Issuer or situated within the area of the District . , 1 .04 Project Authorized. The Project is hereby authorized. ARTICLE II • AUTHORIZATION, TERMS, EXECUTION AND REGISTRATION OF REVENUE BONDS • 2 .01 Authorization of Revenue Bonds . Subject and pur- suant to the provisions of this Instrument , obligations of the Issuer to be known as "Water Revenue Bonds, Series A" are hereby authorized to be issued in an aggregate principal amount not exceeding One Hundred Thousand Dollars ($100,000) and "Water Revenue Bonds, Series B" are hereby authorized to be issued in an aggregate principal amount not exceeding Four Hundred Sixty-eight Thousand Five Hundred Dollars ($468 ,500) for the purpose of pro- viding funds to pay a part of the Cost of the Project. 2 .02 Description of Bonds. The Series A Bonds shall be dated as of September 1, 1979 or any date thereafter not later than the date of their delivery; shall bear interest at a rate or rates not exceeding the maximum rate permitted by law, payable on • • ' September 2, 1980 . I, • f' 1S September 1 , 1980 and annually thereafter on September 1 of each year; and shall be issued as a single fully-registered Bond payable in installments in the amounts and on September 1 of the years as follows or as coupon Bonds registrable as to both prin- cipal and interest , numbered consecutively from one upward in - order of maturity, in the denomination of $1 ,000 each and rturir^ on SP^*ember 1 in the years and am^lints as follows: SERIES A Years Amounts Years Amounts 1982 $1,000 2001 $2,000 1983 1,000 2002 3,000 1984 1,000 2003 3,000 1985 1 ,000 2004 3,000 1986 1,000 2005 3,000 1987 1 ,000 2006 3,000 1988 1,000 2007 3,000 1989 1,000 2008 3,000 1990 1,000 2009 3 ,000 1991 1 ,000 2010 4 ,00C 1992 1,000 2011 4 ,000 1993 2 ,000 2012 4 ,000 1994 2 ,000 2013 4 ,000 1995 2 ,0i,v 2ui' •, ,u00 1996 2 ,000 2015 5 ,000 1997 2,000 2016 5 ,000 1998 2 ,000 2017 5,000 1999 2 ,000 2018 6 ,000 2000 2 ,000 2019 6 ,000 The Series B Bonds shall be dated as of the date of their delivery; shall bear interest at a rate or rates not exceeding the maximum rate permitted by law, payable on September 1 , 1980 and annually thereafter on September 1 of each year; and shall be issued as a single fully-registered Bond payable in installments in the amounts and on September 1 of the years as follows or as coupon Bonds registrable as to both principal and interest, numbered consecutively from one upward in order of maturity, in the denomination of $1 ,000 each (except Bond num- ' bered 1 which shall be in the denomination of $500 ) and maturing on September 1 in the years and amounts as follows: r 1. J r • BOOK 055 PACE 1 September 2, 1980 P . t r „ SERIES B Years Amounts Years Amount i 1982 $ 1 ,500 2001 $ 5 ,000 1983 2 ,000 2002 265 ,000 :,;84 2, 000 2003 5,000 1985 2 ,000 2004 6 ,000 1986 3,000 2005 6 ,000 1987 2, 000 2006 6 ,000 1988 3 ,000 2007 7 ,000 1989 3,000 2008 7 ,000 1990 3 ,000 2009 7 ,000 1991 3 ,000 2010 7 ,000 1992 3 ,000 2011 8,000 1993 3,000 2012 8 ,000 1994 3,000 2013 9 ,000 1995 4 ,000 2014 9 ,000 1996 4 ,000 2015 10 ,000 1997 4 ,000 2016 10 ,000 1998 4 ,000 2017 10 ,000 1999 4 ,000 2018 12 ,000 2000 5 ,000 2019 13 ,000 } Prove' L ,over . if the Bonds -"I ' he i '10d on September 1, 1980 or thereafter, each of such i„S. Ull,nent or maturity dates shall be deferred by one year for each year or fraction of a year that the issuance of the Bonds shall be deferred beyond August 31, 1980 , and all other dates herein shall be deferred correspondingly . 2 .03 Places of Payment . The Bonds shall be payable as to both principal and interest at such place or places as the Issuer shall hereafter by resolution designate , in lawful money of the United States of America; and shall bear interest from the i date of issue, and in the case of coupon Bonds in accordance with and upon surrender of the appurtenant interest coupons as they severally mature, unless registered; provided , however, that Bonds held by the Government shall be payable at "Finance Office , U.S. Department of Agriculture, Farmers Home Administration , 1520 Market Street , St . Louis , Missouri 63103 ," or at such other places as the Government shall from time to time in writing 3. designate to the Issuer . 2 .04 Provisions for Redemption . In this section the word "Bonds" shall be deemed to include the respective installments of principal of the fully-registered single Bond corresponding to the serially maturing coupon Bonds. Bonds maturing on or before September 1, 1989 are not subject to redemption prior to their respective stated dates of s p September 2, 1980 • • • r . maturity . Series B Bonds maturing September 1, 2002 shall be redeemable in whole or in part, in inverse numerical order, on any interest payment date, at par and accrued interest and without premium, at the option of the Issuer. After all Series B Bonds maturing September 1 , 2002 shall have been redeemed or F-': 1.1 ►- -':e ber paid at mat ' or moneys -rich redemption or payment shall have been irrevocably set aside for such purpose , • Bonds other than Series B Bonds maturing September 1, 2002 which shall mature September 1, 1990 and thereafter shall , at the option of the Issuer, be redeemable in whole or in part, in inverse numerical and maturity order, on September 1, 1989 or on any interest payment date thereafter at par and accrued interest , plus the following premiums, expressed as percentages of the par value of the Bonds so redeemed, if redeemed in the following years: 5€ , if redeemed on September 1, 1989 or thereafter, to and including September 1, 1991; 4% , if redeemed on September 1 , 1992 or thereafter, to and including September 1, 1996; 3% , if redeemed on September 1, 1997 or thereafter, d including Septem"- - 1 wnn• 2% , if redeemed on September 1, 2001 or thereafter, to and including September 1 , 2004 ; 1% , if redeemed on September 1, 2005 or thereafter, to and including September 1, 2008; Without premium, if redeemed September 1, 2009 or thereafter, but prior to maturity; provided, however , that at least thirty (30) days prior to the redemption date written notice of such redemption shall be given to the paying agents for the Bonds and to each of the registered owners at their respective addresses as they appear upon the registration books of the Clerk and shall be published at least once in a financial newspaper published in the City of New York, New York. Bonds held by the Government may be redeemed by the Issuer on any interest payment date prior to maturity at the price of par and accrued interest, without premium. 2 .05 Execution of Bonds . The Bonds shall be executed in the name of the Issuer with the manual or facsimile signature of the Chairman and the corporate seal of the Issuer shall be impressed or imprinted thereon, attested and countersigned with the manual or facsimile signature of the Clerk, provided that the signature of at least one of such officers shall be manually exe- cuted thereon. In case any one or more of the officers who shall WA ass AGE 71.10 September 2, 1980 ' .• have signed or sealed any of the Bonds or whose facsimile signa- ture shall appear thereon shall cease to be such officer of the Issuer before the Bonds so signed and sealed have been actually sold and delivered such Bonds may nevertheless be sold and deli- vered as herein provided and may be issued as if the person who signed or sealed such Bonds had not ceased to hold such office . Bon.. ,nay Ligned and s.. Y. zi on behal.1 ;:.e Issuer by s� person who at the actual time of the execution of such Bond shall hold the proper office of the Issuer, although at the date of such Bonds such person may not have held such office or may not have been so authorized. The coupons attached to the Bonds shall be authenticated with the facsimile signatures of any present or future Chairman and Clerk. The Issuer may adopt and use for such purposes the facsimile signatures of any such persons who shall have held such offices at any time after the date of the adoption of this Instrument , notwithstanding that either or both shall have ceased to hold such office at the time the Bonds shall be actually sold and delivered. 2 .06 Negotiability, Registration and Exchange . The Bonds shall be and shall have all the qualities and incidents of negotiable instruments under the law merchant and the Laws of the State of Florida , and each successive holder, in accepting any of the Bonds or the coupons appertaining thereto , shall be conclu- sively deer:...' :.. .e aar - ,a that the ' . - -'- " ' -•.nd have a" of said qualities and incidents of negotiable instruments . The coupon Bonds may be registered , at the option of • the holder, as to both principal and interest upon the books kept for the registration and transfer of Bonds by the Clerk, as Bond Registrar, and endorsed upon the Bonds by the Bond Registrar in the space provided thereon . After such registration , no transfer of the Bonds shall be valid unless made at the office of the Bond • Registrar by the registered owner or by his duly authorized agent or representative and similarly noted on the Bonds , but at the expense of the holder the Bonds may be discharged from registra- tion by being in like manner transferred to bearer , and thereupon transferability by delivery shall he restored. At the option and expense of the holder, the Bonds may thereafter again from time to time be registered or transferred to bearer as before . The • Bond Registrar shall not be required to make any such registra- tion or transfer of Bonds during fifteen (15 ) days next preceding an interest payment date on the Bonds, or in the case of any pro- posed redemption of Bonds, after such Bonds have been selected for redemption. The person in whose name any Bond shall be registered shall be deemed and regarded as the absolute owner thereof for all purposes , and payment of or on account of the principal of any Bond and the interest on any Bond shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond _'x September 2, 1980 1 .. , 4 • including the interest thereon to the extent of the sum or sums • so paid. The single fully-registered Bond may be exchanged by the owner and holder thereof at any time, not more than ninety days after surrender of such Bond to the Bond Registrar, for an equal . ..ygreydce pi. _.: :pal amount coupon Bonus .,,,,„ring in the yc..;::.. and amounts corresponding to the years and amounts of the unpaid installments of principal of the single fully-registered Bond and in the form prescribed for coupon Bonds in Section 2 .08 of this Instrument; and if all of the coupon Bonds outstanding shall be owned and held by a single bondholder such Bonds may, in like manner, be exchanged at the expense of such bondholder at any time, not more than ninety days after surrender of such Bonds to the Bond Registrar, for a single fully-registered Bond in prin- cipal amount equal to the aggregate principal amount of such coupon Bonds surrendered, maturing in installments in the years and amounts corresponding to the years and amounts of the maturi- ties of such coupon Bonds so surrendered and in the form prescribed for the single Bond in Section 2 .08 of this Instrument. 2 .07 Bonds Mutilated, Destroyed , Stolen or Lost. In case any Bond shall become mutilated, or be destroyed , stolen or ' lost, the .L....,..:, Aiay it ' - discretiL.. _ _ - .Liver a r.,-- Bond of like tenor as the Bond so mutilated , destroyed , stolen or lost, in exchange and substitution for such mutilated Bond, upon surrender and cancellation of such mutilated Bond, or in lieu of and substitution for the Bond destroyed, stolen or lost, and upon • the owner furnishing the Issuer satisfactory indemnity and complying with such other reasonable regulations and conditions as the Issuer may prescribe and paying such expenses as the Issuer may incur. All Bonds so surrendered shall be cancelled by the Clerk. If any such Bonds shall have natured or be about to nature, instead of issuing a substitute Bond the Issuer may pay the sane, upon being indemnified as aforesaid, and if such Bond • be lost, stolen or destroyed, without surrender thereof. Any such duplicate Bonds issued pursuant to this section shall constitute original , additional contractual obligations on the part of the Issuer whether or not the lost, stolen or I destroyed Bonds be at any time found by anyone, and such dupli- ! cate Bonds shall be entitled to equal and proportionate benefits . and rights as to lien on and source and security for payment from the Pledged Funds to the same extent as all other Bonds issued hereunder. 2.08 Form of Bonds. The text of the Bonds shall be in substantially the following forms, with only such omissions, insertions and variations as may be necessary and/or desirable and approved by the Chairman or the Clerk prior to the issuance t i BOOX 055.PACE 138 September 2, 1 980 . • • . thereof (which necessity and/or desirability and approval shall be presumed by such officer's execution of the Bonds and the Issuer' s delivery of the Bonds to the Government or other purchaser thereof) : (FORM OF C7'-ON BOND) No. $1,000 UNITED STATES OF AMERICA STATE OF FLORIDA COUNTY OF COLLIER GOODLAND WATER DISTRICT WATER REVENUE BOND SERIES KNOW ALL MEN BY THESE PRESENTS, that Goodland Water District, a public body, corporate and politic, of the State of Florida (the "Issuer" ) , for value received, hereby promises to pay to the bearer, or if this Bond be registered to the registered holder as herein provided, on the first day of September, 19 , from the special funds hereinafter mentioned, the principal ONE THOUSAND DOLLARS - and to pay interest thereon, from the date of the delivery of this Bond to the purchaser thereof, solely from said special funds, at the rate of per centum ( % ) per annum, payable on September 1 , 1980 and annually thereafter on the first • day of September of each year upon the presentation and surrender of the annexed coupons as they severally fall due , unless regis- tered. Both principal of and interest on this Bond are payable at in lawful money of the United States of America . This Bond is one of the Series Bonds of an authorized issue of Water Revenue Bonds, Series A and B, in the aggregate principal amount of $568 ,500, of like date, tenor and effect, except as to date, series, number and date of maturity, issued to finance a part of the cost of acquiring , erecting and constructing a new water system for the Issuer (the "System" ) , under the authority of and in full compliance with the Constitution and Statutes of the State of Florida, particularly Collier County Ordinance No . 75-5, as amended and superseded by Collier County Ordinance No. 80-43, and a resolution duly adopted by the Issuer on , 1980, (the "Resolution" ) , and is subject to all the terms and conditions of the Resolution. This Bond and the interest ':hereon are payable solely from and secured by a prior lien upon and a pledge of the gross September 2, 1980 revenues to be derived from the operation of the System and the Assessments (defined in the Resolution) , in the manner described in the Resolution . It is expressly agreed by the holder of this . Bond that the full faith and credit of the Issuer are not pledged _ to the payment of the principal of and interest on this Bond and that such holder shall never have the right to require or compel the of taxing pow. : : the Issuet ..ne payment of such principal and interest or the cost of maintaining , repairing and operating the System. This Bond and the obligation evidenced hereby shall not constitute a lien upon the System or any part thereof or upon any other property of the Issuer or situated within the area of the District , but shall constitute a lien only on the gross revenues derived from the operation of the System and the Assessments . In and by the Resolution, the Issuer has covenanted and agreed with the holders of the Bonds of this issue that it will fix, establish, revise from time to time whenever necessary, maintain and collect always such fees , rates , rentals and other charges for the use of the product, services and facilities of the System, together with the Assessments, which will always pro- . duce cash revenues sufficient to pay, and out of such funds pay, as the same shall become due, the principal of and interest on the Bonds, the necessary expenses of operating and maintaining the System and ' _ _ rve , - -king Fund _ ..�- required by the Resolution , and that such rates, rentals , fees and other charges will not be reduced so as to be insufficient to provide funds for such purposes . As provided in the Resolution , this Bond and all of the Bonds then outstanding are exchangeable at the expense of the holder or registered owner hereof at any time, not less than ninety days after surrender of this Bond and all of the Bonds then outstanding to the Clerk hereinafter mentioned, as Bond Registrar, for a single fully-registered Bond in the denomination equal to the aggregate principal amount of this Bond plus all of the Bonds then outstanding and in the form of such single Bond as provided for in the Resolution. The Bonds of this issue maturing on or before September 1 , 1989 are not subject to redemption prior to their respective stated dates of maturity. Series B Bonds maturing September 1, 2002 shall be redeemable in whole or in part , in inverse numeri- cal order, on any interest payment date , at par and accrued interest and without premium, at the option of the Issuer. After all Series B Bonds maturing September 1, 2002 shall have been redeemed or shall have been paid at maturity or moneys for such xhy redemption or payment shall have been irrevocably set aside for such purpose, Bonds other than Series B Bonds maturing September 1 , 2002 which shall mature September 1, 1990 and thereafter As shall , at the option of the Issuer, be redeemable in whole or in -� - BOOK OW PAGE 14V September 2, 1980 r part , in inverse numerical and maturity order, on September 1, 1989 or on any interest payment date thereafter at par and accrued interest , plus the following premiums, expressed as per- centages of the par value of the Bonds so redeemed, if redeemed in the following years: 5% , if redeemed on September 1, 1989 or thereafter, to and including September 1, 1991; 4% , if redeemed on September 1, 1992 or thereafter, to and including September 1, 1996; 3% , if redeemed on September 1, 1997 or thereafter, to and including September 1, 2000; 2% , if redeemed on September 1, 2001 or thereafter, to and including September 1, 2004; 1% , if redeemed on September 1, 2005 or thereafter, to and including September 1, 2008; Without premium, if redeemed September 1, 2009 or thereafter; but prior to maturity; provided, however, that notice of such redemption shall be given in the manner required by the Resolution . It is hereby certified and recited that all acts, con- ditions, and things required to exist , to happen and to he per- formed precedent to and in the issuance of this Bond , exist, have happened and have been performed, in regular and due form and time as required by the Laws and Constitution of the State of Florida applicable thereto, and that the issuance of this Bond, and of the issue of Bonds of which this Bond is one , does not violate any constitutional , statutory or charter limitations or provisions . This Bond and the coupons appertaining thereto are and have all the qualities and incidents of negotiable instruments under the law merchant and the Laws of the State of Florida. This Bond may be registered as to both principal and interest in accordance with the provisions endorsed hereon. This Bond and the issue of which this Bond is one were validated by Judgment of the Circuit Court for Collier County , rendered on , 19 . IN WITNESS WHEREOF , Goodland Water District of Collier County, Florida, has issued this Bond and has caused the same to be signed by the Chairman of its governing board and attested and • September 2, 1980 • • • • countersigned by the Clerk of the Circuit Court for Collier County, ex officio Clerk of the Board of County Commissioners of Collier County and Clerk of said board of the Issuer, either manually or with their facsimile signatures, and its corporate, seal or a facsimile thereof to be affixed, impressed, imprinted or engraved hereon , and the interest coupons hereto attached to executed w::.h the facsimile .ignatures of such officers , all as of GOODLAND WATER DISTRICT By Chairman (SEAL) ATTESTED AND COUNTERSIGNED Clerk • (FORM OF COUPON) No. $ On the 1st day of September, 19 , unless the Bond to which this coupon is attached• is callable and shall have been previously duly called for prior redemption and payment thereof duly made or provided for, Goodland Water District of Collier County, Florida, will pay to bearer at , Florida, from the special funds described in the Bond to which this coupon is attached, the amount shown hereon in lawful money of the United States of America, upon presentation and surrender of this coupon, being one year's interest then due on its Water Revenue Bond, Series dated , 19 , No. • �;r BOOX PACE14� September 2, 1980 • . GOODLAND WATER DISTRICT By_ _ • ... i rman (SEAL) ATTESTED AND COUNTERSIGNED: Clerk (PROVISIONS FOR REGISTRATION ON COUPON BONDS) PROVISIONS FOR REGISTRATION This Bond may be registered as to both principal and interest on books kept for such purpose by said Clerk . as Bond Registrar, sm.', .�u �sccati;." _..ing noted ueLti,,. .., bond Registrar in the registration blank below, the coupons being surrendered and the interest being payable only to the registered holder, remitted by mail , after which registration no transfer . shall be valid unless made by the registered holder or his legal representative and similarly noted by the Bond Registrar on said books and in the registration blank below, but it may b: discharged from registration by being transferred to bearer, after which it shall he transferable by delivery, or it may again be registered as before. Upon reconversion of this Bond into a coupon Bond, coupons representing the interest to accrue upon the Bond to date of maturity shall be attached hereto . Date of Name and Address of Signature of Registration Registered Owner Bond Registrar 1 September 2, 1980 r (FORM OF SINGLE BOND) $ $ UNITED STATES OF AMERICA STATE OF FLORIDA COUNTY OF COLLIER GOODLAND WATER DISTRICT WATER REVENUE BOND SERIES KNOW ALL MEN BY THESE PRESENTS, that Goodland Water District, a public body, corporate and politic, of the State of Florida (the "Issuer" ) , for value received, hereby promises to pay to the order of , from the special funds hereinafter mentioned , the principal sum of Dollars ($ ) on the first day of September in the years and installments as follows: Principal Principal Year Amount Year Amount • • 1 and to pay interest , solely from said special funds, on the balance of said principal sum from time to time remaining unpaid, i from ("September 1, 1979 ," to be supplied in the Series A Bond, and "the date of the delivery of this Bond to the purchaser thereof," to be supplied in the Series B Bond) at the rate of per centum ( % ) per annum, payable on September 1, 1980 and annually thereafter on the first day of September of each year. Both principal of and interest on this Bond are • BOOR 055 PAGE 144 • September 2, 1980 payable at , in lawful money of the United States of America . Payments of principal and interest, including prepayments of installments of principal as hereinafter provided, shall be noted by the owner and holder hereof on the Payment Record made a part or `his 7i nd, ; .' written not : — or the maki,.; each such nota- tion shall he promptly sent to the Issuer. Upon final payment of principal and interest this Bond shall be surrendered to the Issuer. This Bond evidences the Series Bond of an authorized issue of Water Revenue Bonds, Series A and B, in the aggregate principal amount of $568,500, issued to finance apart of the cost of acquiring , erecting and constructing a new water system for the Issuer (the "System" ) , under the authority of and in full compliance with the Constitution and Statutes of the State of Florida, particularly Collier County Ordinance No. 75-5 , as amended and superseded by Collier County Ordinance No. 80-43, and a resolution duly adopted by the Issuer on , 1980 (the "Resolution" ) , and is subject to all the terms and conditions of the Resolution . This Bond •and the interest thereon are payable solely from and sec---"7 pric'- lien upon z- ' i„a,. ` the gross revenues to be derived from the operation of the System and the Assessments (defined in the Resolution) , in the manner described in the Resolution. It is expressly agreed by the holder of this Bond that the full faith and credit of the Issuer are not pledged to the payment of the principal of and interest on this Bond and that such holder shall never have the right to require or compel the exercise of any taxing power of the Issuer to the payment of such principal and interest or the cost of maintaining , repairing and operating the System. This Bond and the obliyation evidenced hereby shall not constitute a lien upon the System or any part thereof or upon any other property of the Issuer or situated within the area of the District , but shall constitute a lien only on the gross revenues derived from the operation of the System and the Assessments . In and by the Resolution , the Issuer has covenanted and agreed with the holder of this Bond that it will fix , establish, revise from time to time whenever necessary, maintain and collect always such fees, rates, rentals and other charges for the use of the product , services and facilities of the System which, together with the Assessments, will always produce cash revenues sufficient to pay , and out of such funds pay, as the same shall become due, the principal of and interest on this Bond, the necessary expenses of operating and maintaining the System and all reserve, Sinking Fund or other payments required by the Resolution, and that such rates, rentals, fees and other charges will not be reduced so as to be insufficient to provide funds for Pi such purposes . September 2, 1980 As provided in the Resolution , this Bond is exchangeable at the expense of the owner and holder hereof at any time, not more than ninety days after surrender of this Bond to the Clerk . - hereinafter mentioned, as Bond Registrar, for an equal aggregate principal amount of coupon Bonds, payable to bearer, registrable as to both principal and interest, in the denomination of $1,000 . _....h ,..�J mat _ ;.:.g in the a�.:�::..,.s and on SepLeg,uer 1 of the years corresponding to the years and amounts of the unpaid installments of principal of this Bond, and in the form of such coupon Bonds as provided for in the Resolution. The installments of principal payable upon this Bond on or before September 1, 1989 are not subject to prepayment prior to their respective dates of payment. The installment of prin- cipal payable [on the Series B Bonds ( to be inserted in the Series A Bond) ] on September 1, 2002, may be prepaid in whole or in part, but only in multiples of $1,000, on any interest payment date, at par and accrued interest and without premium, at the option of the Issuer. After said installment payable September 1 , 2002 [on the Series B Bond (to be inserted in the Series A Bond) ] shall have been paid in full, installments other than said installment payable September 1, 2002 (on the Series B Bond (to be inserted in the. Series A Bond) ] which shall be payable September 1, 1990 and thereafter may, at the option of the Issuer, be _:.,, in w} ' - or in pat—, .�ultiplc. _ $1,000, in inverse chronological order of said installments, on September 1, 1989 or on any interest payment date thereafter at par and accrued interest, plus the following premiums, expressed as percentages of the principal amount of said installments so prepaid, if prepaid in the following years : 5% , if paid on September 1, 1989 or thereafter, to and including September 1, 1991; 4% , if paid on September 1, 1992 or thereafter, to and including September 1, 1996; 3% , if paid on September 1, 1997 or thereafter, to and including September 1, 2000; 2% , if paid on September 1, 2001 or thereafter, 1 to and including September 1, 2004 ; 1% , if paid on September 1, 2005 or thereafter, to and including September 1, 2008; Without premium, if paid September 1, 2009 or thereafter, but prior to maturity; provided, however, that notice of such re a ment shall be in the manner required by the Resolution. p y Resolution. 40OK 065 PACE 1 September 2, 1980 . • . • It is hereby certified and recited that all acts, con- ditions, and things required to exist, to happen and to be per- formed precedent to and in the issuance of this Bond, exist, have happened and have been performed, in regular and due form and time as required by the Laws and Constitution of the State of Florida annlica,?e thereto, and that the iss; -- of this Bond does not violate any constitutional , statutory or charter limita- tions or provisions . This Bond is and has all the qualities and incidents of a negotiable instrument under the law merchant and the Laws of the State of Florida . This Bond was validated by Judgment of the Circuit Court for Collier County, rendered on , 19 IN WITNESS WHEREOF , Goodland Water District of Collier County, Florida, has issued this Bond and has caused the same to . be signed by the Chairman of its governing board and attested and countersigned by the Clerk of the Circuit Court for Collier County, ex officio Clerk of the Board of County Commissioners of Collier County and Clerk of said board of the Issuer, and its corporate seal or a facsimile thereof to be impressed hereon, and for identifica* ;nn r-,-poses only has cau---4 off' r-PCs to sign in the margins of page 2 hereof, all as of GOODLAND WATER DISTRICT By Chairman (SEAL) ATTESTED AND COUNTERSIGNED: Clerk (FORM OF ASSIGNMENT) ASSIGNMENT For valuable consideration, the UNITED STATES OF AMERICA, acting through the U.S. DEPARTMENT OF AGRICULTURE, FARMERS HOME ADMINISTRATION, does hereby assign, transfer and deliver to all of its right, • I September 2, 1980 • title and interest in and to this Bond and all rights belonging or appertaining to the assignor under and by virtue of this Bond. U.S. DEPARTMENT OF AGRICULTURE, FARMERS HOME ADMINISTRATION By Title: Witnesses: 0 BOOK 055 PACE 20 September 2, 1980 (FORM OF PAYMENT RECORD) PAYMENT RECORD Principal Signature of ! • Due Date Prii,..ipal Balance interest Date owner' s Authorizeui (Sept. 1) Payment Due Payment Paid Official and Title 1982 I I 1983 I 1984 1 1985 1986 1987 1988 1 1989 I 1 1990 1991 1992 1993 1994 1995 1996 1997 1998 - 1 I • 1999 2000 2001 I 2002 • 2003 2004 _ I 2005 I 1 I 2006 I I 1 2007 i I 2008 I 2009 I 2010 1 2011 2012 2013 I 2014 I I 2015 I 1 2016 I 2017 I 2018 I 2019 I I r • 0 September 2, 1980 .°' PRINCIPAL INSTALLMENTS ON WHICH PAYMENTS HAVE BEEN MADE PRIOR TO DUE DATE • Principal Signature of Principal Due Principal Balance Date Owner' s Authorized Date Amount Prepaid Due Paid Official and Title -. I I 1 1 1 1 1 1 1• I . 1 1 1 1 1 ARTICLE III • COVENANTS, SPECIAL FUNDS AND APPLICATION THEREOF 3.01 Bonds. Not to Be Indebtedness of issuer. Neither the Bonds nor the coupons attached thereto shall be or constitute general obligations or indebtedness of the Issuer as "bonds" within the meaning of Article VII , Section 12 of the Constitution of Florida , but shall be payable solely from and secured by a prior lien rpon and pledge of the Pledged Funds as herein pro- vided. No owner or holder of any Bond or coupon appertaining • thereto shall ever have the right to compel the exercise of any ad valorem taxing power to pay such Bond or coupon or Operating Expenses, or be entitled to payment of such Bond or coupon from any moneys of the Issuer except from the Pledged Funds in the manner provided herein . 3 .02 Security for Bonds . The payment of the principal of and interest on the Bonds shall be secured forthwith equally and ratably by a pledge of and prior lien upon the Pledged Funds. The Issuer does hereby irrevocably pledge the Pledged Funds to the payment of the principal of and interest on the Bonds and to the payment into the Sinking Fund at the times provided of the sums required to secure to the holders of the Bonds the payment of the principal thereof and interest thereon at the respective maturities of the Bonds and coupons so held by them. 3 .03 Application of Bond Proceeds . The Issuer er by ►,` covenants that it will establish with the First National/ 'ln ollier Col;: • NT Ps , Florida, a separate account or accounts Boor Ub5 PAGE 50 September 2, 1980 into which shall be deposited the proceeds from the sale of the Bonds (except such portion thereof as shall be necessary to pay interest on the Bonds during the construction of the Project, which shall be deposited in the Sinking Fund) , grant funds and the additional funds, if any, required to assure payment in full of .:,e C mac. of Project . itdwals fro,.. Construction Account shall be made only for such purposes as shall have been previously specified in the Project Cost estimates and as shall be approved by the Issuer's consulting engineers for the Project . The Issuer' s share of any liquidated damages or other moneys paid by defaulting contractors or their sureties, and all proceeds of insurance compensating for damages to the Project during the period of construction, shall be deposited in the Construction Account to assure completion of the Project. Moneys in the Construction Account shall be secured by the depository bank in accordance with U.S. Treasury Department Circular 176 and in the manner prescribed by the Laws of the State of Florida relating to the securing of public funds. When the moneys on deposit in the Construction Account exceed the estimated disbursements on account of the Project for the next 90 days , the Issuer may direct the depository bank to invest such excess funds - obi ' -4-ions of or '.� prin- cipal of and interest on which are guaranteed by the United States of America , which shall be subject to redemption at any time at face value by the holder thereof. The earnings from any such investment shall be deposited in the Construction Account. When the construction of the Project has been completed and all construction costs have been paid in full , all funds remaining in the Construction Account , except grant funds, shall be deposited in the Sinking Fund , and the Construction Account shall be closed. All moneys deposited in the Construction Account shall be and constitute a trust fund created for the purposes stated, and there is hereby created a lien upon such fund in favor of the holders of the Bonds until the moneys thereof shall have been applied in accordance with this Instrument . 3 .04 Covenants of the Issuer. So long as any of the principal of or interest on any of the Bonds shall be outstanding and unpaid, or until there shall have been set apart in the Sinking Fund, including the Reserve Account therein, a sum suf- ficient to pay, when due , the entire principal of the Bonds remaining unpaid, together with interest accrued and to accrue thereon, the Issuer covenants with the holders of any and all of the Bonds as follows: (A) Annual Budget of Operating Expens.s. The Issuer ' covenants and agrees that on or before the date of delivery of September 2, 1980 • the Bonds to the purchaser thereof, it will adopt a budget of Operating Expenses for the remainder of the then current Fiscal Year and thereafter on or before the first day of each Fiscal Year during which any of the Bonds are outstanding , it will adopt an Annual Budget of Operating Expenses for the ensuing Fiscal Year, and will mail a copy of such Annual Budget or amendments Lnereto to ai.r Lequesting The issuer covenants LhuL the Operating Expenses incurred in any year will not exceed the reasonable and necessary amounts required therefor, and that it will not expend any amount or incur any obligations for the operation, maintenance and repair of the System in excess of the amount provided for Operating Expenses in the Annual Budget, except upon resolution of the Board of County Commissioners that such expenses are necessary to operate and maintain the System. (B) Revenue Fund. The Issuer covenants and agrees that on or before the date of delivery of the Bonds to the purchaser thereof, it will establish with a depository in the State of Florida, which is a member of the Federal Deposit Insurance Corporation and which is eligible under the Laws of the State of Florida to receive county funds , and maintain so long as any of the Bonds are outstanding , a special fund to he known as the "Goodland Water District Water System Revenue Fund." Into the Revenue Funu ..,,e issuer _.._11 deposit p_-,,., _":eived a! : Gross Revenues . The Revenue Fund shall be held by the Issuer separate and apart from all other funds and shall be expended and used only in the manner and order specified in this subsection (B) and in subsections (C) , (D) , and (E) of this section. (C) Bond and Interest Sinking Fund . The Issuer cove- nants and agrees to establish with a depository in the State of Florida , which is a member of the Federal Deposit Insurance Corporation, and which is eligible under the Laws of the State of Florida to receive county funds a special fund or funds, collec- tively called the "Goodland Water District Revenue Bonds Bond and Interest Sinking Fund," to be used exclusively for the purposes hereinafter mentioned . After delivery of the Bonds to the purchaser thereof, the Issuer shall transfer on or before the 15th day of each month from the Revenue Fund and deposit to the 1 credit of the Sinking Fund the following amounts: ( 1) A sum equal to 1/12 of the amount of one year's interest on all the Bonds then outstanding , together with the amount of any deficiency in prior deposits for interest; and ( 2) Beginning on September 15 , 1961 , a sum equal to 1/12 of the principal of the Bonds maturing on the next suc- ceeding anniversary date, together with the amount of any defi- ciency in prior deposits for principal . BOOK 055 NUM; eptember 2, 1980 • • ( 3 ) After fulfillment of the requirements of paragraphs (C) ( 1) and (2) , the Issuer shall transfer on or before the 15th day of each month from the Revenue Fund and deposit to the credit of a Reserve Account in the Sinking Fund the sum of Two Hundred _ Eighty Dollars ($280 ) until such time as the funds and invest- ^��nts +41ereir shall equal Thirty-three Thnnsand Seven Hundred Dollars ($33, 100 ) , plus the amount of any deficiency in prior deposits to the Reserve Account , and monthly thereafter such amount as may be necessary to maintain in the Reserve Account the sum of Thirty-three Thousand Seven Hundred Dollars ($33,700) but not exceeding monthly the amount of Two Hundred Eighty Dollars ($280) plus the amount of any deficiency in prior deposits to the Reserve Account . Moneys in the Reserve Account shall be used only for ( 1) paying the cost of repairing or replacing any damage to the System which shall be caused by an unforeseen catastrophe, • (2) constructing improvements or extentions to the System which shall increase its Net Revenues and which shall be approved by said consulting engineers, if the Issuer shall not then be in default under any of the provisions of this Instrument , and (3 ) paying the principal of and interest on the Bonds in the event that the other moneys in the Sinking Fund shall ever be insuf- ficient to meet such payments. ( t)1 nne' tion and Maintenance Fund . The Issuer cove- nants and agrees to esLaviish with a mane Stag Florida , which is a member of the Federal Deposit Insurance Corporation, and which is eligible under the Laws of the State of Florida to receive county funds, a special fund to be known as the "Goodland Water District Water System Operation and Maintenance Fund, " which shall be used exclusively for the pur- pose of receiving funds to be transferred monthly by the Issuer from the Revenue Fund, and for paying , as they accrue, Operating Expenses pursuant to the Annual Budget . After delivery of the Bonds to the purchaser thereof, and after having made the depos- its to the Sinking Fund as provided in subsection (C) above, the Issuer shall transfer on or before the fifteenth day of each month from the Revenue Fund and deposit to the credit of the Operation and Maintenance Fund a sum sufficient to pay Operating Expenses for the current month, all in accordance with the Annual • Budget . Any balance remaining in the Operation and Maintenance Fund at the end of each Fiscal Year and not required to pay costs incurred during such Fiscal Year shall be deposited promptly into the Revenue Fund. (E) Special Assessments Fund. The Issuer covenants and agrees to establish with a depository in the State of Florida, which is a member of the Federal Deposit Insurance Corporation, and which is eligible under the Laws of the State of Florida to receive county funds, a special fund to be known as the "Goodland Water District Water System Special Assessments Fund," which shall be used exclusively for the purpose of receiving , as soon as the p-n J • September 2, 1980 • { • • • same are collected by the Issuer, all of the Assessments . Such portion of the Assessments as shall represent interest shall be forthwith withdrawn from the Assessments Fund and deposited to the credit of the Sinking Fund and applied to the payment of . interest next maturing on the Bonds and to a corresponding red'uc- tion in the current amounts required to be deposited fror�i the Revenue Fund into the Sinking Fnnd nursuant to rbc provisions of paragr pn (L) ( 1) a w ie. The Issuer shall be mandatorily obli- gated to use the balance of the moneys at any time remaining on deposit in the Assessments Fund, to the extent possible, to purchase Bonds maturing September 1, 2002 at the best prices obtainable, but at prices not greater than par and accrued interest, or to redeem such Bonds maturing September 1, 2002 prior to maturity on the next ensuing interest payment date in the manner provided herein, or to pay the same upon the maturity thereof if the next interest payment date shall be September 1, 2002; provided, however, if on any September 1 prior to September 1 , 2002 moneys on deposit in the Sinking Fund, including the Reserve Account therein, shall be insufficient to pay the prin- cipal of any Bonds maturing on such date, the Issuer shall not be required to apply funds on deposit in the Assessments Fund to the purchase or redemption prior to maturity of Bonds maturing on September 1, 2002 to the extent that the Issuer shall use moneys in the Assessments Fund for the payment of such Bonds then maturing , and the Issuer shall `De required to use such funds on deposit in the Assc�sinents Fu.... ..Jr the payment principal of any Bonds maturing prior to September 1, 2002 whenever the moneys on deposit to the credit of the Sinking Fund shall be insufficient for such purpose . Whenever moneys in the Assessments Fund shall have been applied to pay the principal of any Bonds maturing prior to September 1, 2002, the monthly depo- sits required by paragraph (D) (2) above for all months remaining prior to September 1 , 2002 shall be increased by such amount as shall be necessary to restore to the Assessments Fund by September 1, 2002 the amount which shall have been withdrawn therefrom for the payment of the principal of the Bonds maturing prior to September 1, 2002 . Whenever all Bonds maturing September 1, 2002 shall have been retired, all moneys remaining on deposit to the credit of the Assessments Fund and all Assessments which may subsequently be deposited therein shall be promptly withdrawn from the Assessments Fund and deposited to the credit of the Reserve Account. The Issuer covenants that it will forthwith, whenever it shall first be timely, adopt all resolutions and ordinances, hold all hearings and perform all acts which are conditions precedent to and are necessary for the lawful levy and collection of the Assessments, in an amount aggregating not less than $260,000 plus applicable interest and penalties thereon, against all lands and properties specially benefited by the construction of the Project . If any Assessment made with respect to the Project I BOOT( PACE 1.54" September 2, 1980 shall be either in whole or in part annulled, vacated or set aside by the judgment of any court, or if the Issuer shall be satisfied that any such Assessment is so irregular or defective that the same cannot be enforced or collected, or if the Issuer shall have omitted to make any such Assessment when it might have . done so, the Issuer covenants that it will take all necessary steps to cause a new Assessmeuli ;.o be made for the whole or any part of any improvement or against any property benefited by any improvement of the Project , following as nearly as may be the provisions of Chapter 170 , Florida Statutes, and in any case any such second Assessment , or an initial Assessment for one that shall have been omitted , shall be either in whole or in part annulled, vacated or set aside or be unenforceable or uncollect- able by reason of defect or irregularity the Issuer shall obtain and make other Assessments until a valid Assessment shall be made. (F ) Deficiency or Excess Funds. Subject to the provi- sions for the disposition of Gross Revenues in subsections (C) and (D) , which arc cumulative, the Issuer shall , on or before the 15th day of each month, transfer to the Reserve Account in the Sinking Fund the balance of moneys remaining in the Revenue Fund until the funds and investments in the Reserve Account equal the amount of Thirty-three Thousand Seven Hundred Dollars ( $33 ,700 ) , and thereafteL lever and investAiiL .,._. ,reserve Account equal Thirty-three Thousand Seven Hundred Dollars ($33 ,700) the Issuer may use the surplus funds in the Revenue Fund for the purchase or redemption of Bonds or for any other lawful purpose. (G) Trust Funds . The funds and accounts created and established by this Instrument shall constitute trust funds for the purpose provided herein for such funds. All of such funds, except as hereinafter provided , shall be continuously secured in the same manner as county deposits of funds are required to be secured by the Laws of the State of Florida . Moneys on deposit to the credit of the Reserve Account shall be invested by the depository bank, upon request by the Issuer , in direct obliga- tions of, or obligations the principal of and interest on which are guaranteed by, the United StaLes of America and which shall be subject to redemption at face value at anytime by the holder thereof at the option of such holder; and the moneys on deposit to the credit of the Sinking Fund and the Assessments Fund may be so invested in such obligations which shall mature not later than fifteen (15) days prior to the date on which such moneys shall be needed to pay the principal of and interest on the Bonds in the manner herein provided , but moneys on deposit to the credit of the Revenue Fund and the Operation and Maintenance Fund shall be not invested at any time. The securities so purchased as an investment of funds shall be deemed at all times to be a part of the account from which such funds were withdrawn, and any loss •; September 2, 1980 . . . . • resulting from such investment shall be charged to said account and any interest accruing on such investment or any other profit realized therefrom shall be deposited to the Reserve Account until there shall be on deposit to the credit of the Reserve Account the maximum amount required by this Instrument, after which s"r!h int^rest or profit cha11 be depn-- : '--1 in the Revenue Fund. (H) Rates and Charges. The Issuer covenants and agrees that it will fix, establish, revise from time to time whenever necessary and maintain always, so long as any of the Bonds are outstanding, such schedule of rates, fees, rentals and charges for the services and facilities of the System which will produce revenues which, together with the Assessments, shall be suf- ficient to provide for current debt service and reserve require- . ments for the Bonds and pay Operating Expenses and that such rates, fees, rentals or other charges will not be reduced so as to be insufficient to provide funds for such purposes; and the Issuer covenants and agrees that so long as any of the Bonds are outstanding and unpaid, at the same time and in like manner that the Issuer prepares its Annual Budget of Operating Expenses, the Issuer shall annually prepare an estimate of Gross Revenues for the ensuing Fiscal 'Year, and to the extent that Gross Revenues are insufficient re' nay snrh debt servir-^ ��nI11YPm� - s- during such ensuing year, build up and maintain the required reserves for all such obligations and pay Operating Expenses, the issuer shall revise the fees and rates charged for the use of the ser- vices and facilities of the System sufficiently to provide the funds required. ( I ) Issuance of Other Obligations. ( 1) The Issuer covenants and agrees that in the event the cost of construction or completion of the Project shall exceed the dollar amount of Bonds herein authorized, it shall deposit into the Construction Account the amount of such excess out of funds available to it for such purpose, and the Issuer may provide such excess , and only such excess, through the issuance of parity Bonds conforming to the requirements of paragraph (3 ) of this subsection; but except to complete the Project, it will not issue any other obligations payable from or secured by the Pledged Funds or any part thereof, unless the conditions hereinafter set forth shall be met, or unless the lien of such obligations is junior and subordinate in all respects to the lien of the Bonds. (2) The Issuer shall have the right to finance addi- tional water facilities and related auxiliary facilities, by the issuance of one or more additional series of bonds to be secured by a parity lien on and ratably payable from the Gross Revenues and any other security pledged to the Bonds, provided in each instance that: BOOK 055 PACE September 2, 1980 , . • (a) The facility or facilities to be acquired or built from the proceeds of the additional parity bonds is or are made a part of the System and its or their revenues are pledged as addi- tional security for the additional parity bonds and the outstanding Bonds . • (b) The Issuer is in compliance with all covenants and undertakings of the Issuer (i) herein contained, in connection with all Bonds then outstanding and ( ii) made with respect to any other bonds or other obligations of the Issuer payable from the Gross Revenues or any part thereof and has not been in default as • to any payments required to be made under this Instrument for a period of at least the next preceding 24 months, or if at such time the Bonds shall not have been outstanding for 24 months then for the period that the Bonds shall have been outstanding . . • (c) The annual Net Revenues for the Fiscal Year next preceding the issuance of additional parity bonds are certified • by an independent certified public accountant not regularly employed by the Issuer, to have been equal to at least one and twenty-hundredths ( 1.20 ) times the average annual requirements for the payment of the principal of and interest on all Bonds then outstanding (except the Bonds maturing September 1, 2002 which will k - with ',Gsessments issues which will be paid with Assessments) . ends of (d) The estimated average annual net revenues of the facility or facilities to be constructed and acquired with the proceeds of such additional bonds (and any other funds pledged and set aside for ouch purpose) , when added to the estimated future average annual Net Revenues of the then existing System shall be at least one and twenty-hundredths ( 1.20) times the average annual debt service requirements for principal and interest on all outstanding Bonds (except the Bonds maturing September 1, 2002 which will be paid with Assessments and any other bonds of parity issues which will be paid with Assessments) and on the additional bonds proposed to be issued. Estimates of future revenues and Operating Expenses shall be furnished by recognized independent consulting engineers and approved Board of County Commissioners of the Issuer and by the Chairman thereof, and shall be forecast over a period of not exceeding ten years from the date of the additional bonds proposed to be issued. Provided, however, the conditions provided by this paragraph and by the next preceding paragraph (c) may be waived or modified by the written consent ' of the holders of seventy-five per centum (75% ) of the Bonds then outstanding . (3) The Issuer hereby covenants and agrees that in the event additional series of parity bonds are issued, it will pro- vide that said parity bonds shall mature according to a schedule which most closely approximates equal annual installments of com- September 2, 1980 4 • • bined principal and interest payments for such parity bonds and all other Bonds payable from the revenues of the System; it will adjust the required deposits into and the maximum amount to be maintained in the Sinking Fund, including the Reserve Account therein, on the same basis as hereinabove prescribed, to reflect the average annual debt service on the additional bonds; and it will make such aaaitional bonds payable as to principal on September 1 of each year in which principal falls due and coupons attached thereto payable on September 1 of each year. If in any subsequently issued series of bonds secured by a parity lien on the revenues of the System it is provided that excess revenues shall be used to redeem bonds in advance of scheduled maturity, or if the Issuer at its option undertakes to redeem outstanding bonds in advance of scheduled maturity, the Issuer covenants that calls of bonds will be applied to each series of bonds on an equal pro rata basis ( reflecting the proportion Lhat the amount originally issued of each series bears to the amount originally issued of each of the other series) to the extent that this may be accomplished in accordance with the call provisions of the respective bond series , but the Issuer shall have the right to call any or all outstanding bonds which may be called at par prior to calling any bonds that are callable at a premium. (a) Disposal of Facilities . The Tiler covenants and agrees that , so long as any the Bonds are ouL„w„uing , it will • maintain its corporate identity and existence and will not sell or otherwise dispose of any of the System facilities or any part thereof, and, except as provided for above, it will not create or permit to be created any charge or lien on the revenues thereof ' ranking equal or prior to the charge or lien of the Bonds . Notwithstanding the foregoing , the Issuer may at any time per- manently abandon use of , or sell at fair market value, .Any of its System facilities , provided that: ( a) It is in compliance with all covenants and under- takings in connection with all of its Bonds then outstanding , and the debt service reserve for such Bonds has been fully established; ( b) It will , in the event of sale, apply the proceeds to either ( 1) redemption of outstanding Bonds in accordance with the provisions governing repayment of Bonds in advance of maturity, or (2 ) replacement of the facility so disposed of by if another facility the revenues of which shall be incorporated into the System as hereinbefore provided; ( c) It is certified, prior to any abandonment of use , that the facility to be abandoned is no longer economically feasible of producing net revenues; and `R: (d) It is certified that the estimated Net Revenues of the remaining System facilities for the next succeeding Fiscal BOCK dpAcEamber 2, 1980 • • . , . . • Year, plus the estimated net revenues of the facility, if any, to be added to the System, satisfy the earnings test hereinbefore provided in this subsection governing issuance of additional parity bonds. (K) Tnsurance on P„s*-n, While of the Bonds shall remain outstanding , the Issuer shall carry at least the following insurance coverage: ( 1) Fire and extended coverage on the insurable por- tions of the System, in amounts sufficient to provide for not less than full recovery whenever a loss from perils insured against does not exceed eighty per centum (80% ) of the full • insurable value of the damaged facility; and flood damage insurance shall be carried to the full insurable value , as recom- mended by consulting engineers, of all property of the System which may be subject to flood damage and shall be situated in flood plain area . ( 2) Public liability insurance relating to the opera- tion of the System, with limits of not less than $100,000 for one person and $300,000 for more than one person involved in one accident , to protect the Issuer from claims for bodily injury and/or death a^A r'^*_ less than $10 ,000 for- claims for damage to property of others which may arise from the s operation c,_ the System. - (3) If the Issuer owns or operates a vehicle in the operation of the System, vehicular public liability insurance with limits of not less than $100 ,000 for one person and $300 ,000 for more than one person involved in one accident to protect the Issuer from claims for bodily injury and death , and not less than $10 ,000 against claims for damage to property of others which may arise from the Issuer' s operation of vehicles . All such insurance shall be carried for the benefit of the holders of the Bonds . All moneys received by the Issuer by reason of insurance coverage , except liability coverage, shall be deposited to the credit of the Reserve Account and are hereby pled:Jed by the Issuer as security for the Bonds , until and unless such proceeds are used to rememdy the loss or damage for which such proceeds are received , either by repairing the property damaged or replacing the property destroyed within ninety (90 ) days from the receipt of such proceeds . ( L) Maintenance of System. The Issuer will complete the construction of the Project in an economical and efficient manner with all practicable dispatch, and thereafter will main- , tain the System in good condition and continuously operate the same in an efficient manner at a reasonable cost . • eptember 2, 1980 • • (M) No Free Services. The Issuer will not render or cause to be rendered any free services of any nature by its System, nor will any preferential rates be established for users . ' of the same class; and if the Issuer shall avail itself of the facilities or services provided by the System, or any part then same rates, ` _es or charges *p licable to °tile'. customers receiving like service under similar circumstances shall be charged to the Issuer. Such charges shall be paid as they accrue, and the Issuer shall transfer from its general funds sufficient sums to pay such charges . The revenues so received shall be deemed to be revenues derived from the operation of the System, and shall be deposited and accounted for in the same manner as other revenues derived from such operation of the System. (N) Failure of User to Pay for Services. Upon failure of any user of any product, services or facilities of the System to pay for the same within sixty (60) days after the Issuer shall have billed such user therefor, the Issuer shall shut off the connection of such user and shall not furnish him or permit him to receive from the System further service until all obligations owed by him to the Issuer on account of services , including disconnection and reconnection charges , shall have been paid in full . This shat " -nt, however , r... ._ issuer causing any System connection to be shut off sooner. (0) Enforcement of Collections. The Issuer will dili- gently enforce and collect the rates , fees, rentals and other charges for the services and facilities of the System; and will take all steps, actions and proceedings for the enforcement and collection of such rates, fees, rentals and other charges as shall become delinquent to the full extent permitted or authorized by law; and will maintain accurate records with respect thereto. All such fees, rates, rentals, charges and revenues herein pledged shall, as collected, be held in trust to be applied as provided in this Instrument and not otherwise. The Issuer will collect and enforce the payment of all Assessments and of all of the installments thereof, in the manner j prescribed by this Instrument and the Laws of Florida thereunto appertaining. If the owner of any lot or parcel of land assessed shall be delinquent in the payment of any Assessment, install- ;; ment, interest due thereon or penalty thereon for a period of sixty (60) days, then the Issuer shall declare the entire unpaid balance of the Assessment to be in default and such owner shall be liable for such balance and the costs of its collection, including reasonable attorneys' fees, and the Issuer, advancing such costs, shall cause the lien of the Assessment against such delinquent lot or parcel to be foreclosed in the manner now or hereafter provided by law for the foreclosure of mortgages on real estate, or as otherwise provided by law. If said foreclo- - • BOOK' 0815 PAGE 100September 2, 1980 • • sure be not promptly filed and prosecuted, then any bondholder may file and prosecute said foreclosure action in the name of the Issuer for the benefit of all outstanding and unpaid Bonds and interest thereon . All Assessments collected as a result of such - foreclosure, whether conducted by the Issuer or any bondholder, shall bP depor-ited in the Ar-so^ nt Fund -1'S manner hereinabove provided. The Issuer further covenants,, -its expense, to furnish to any bondholder requesting the�same, sixty (60) days after the due date of each annual installment, a list of all • delinquent installments, together with an annual audit of the Assessments Fund by a certified public accountant not regularly employed by the Issuer or by an auditing official of the State of Florida. If any property shall be offered at public sale for the nonpayment of the Assessment against it and no person or persons shall purchase the same for an amount equal to the full amount due for the Assessment (principal, interest , penalties and the costs and expenses of collection) , the said property shall then be purchased in the name of the Issuer for an amount equal to the balance due on the Assessment, and the Issuer shall receive title to said property for the benefits c` the bondholders . The Issuer covenants to use its best efforts to sell, lease or rent said property, for the highest return obtainable, and to• deposit all of the net proceeds of any such sale, lease or ren*mil into the Assessmc^+-•- Funr1 , "-.i- ro less than thirty (30) days prior to any proposed sale or any lot or tract of land acquired by foreclosure by the Issuer, it shall give • written notice thereof to any bondholder who shall have filed his name with the Issuer for such purpose . The Issuer covenants and agrees that it shall take the measures provided by law for the sale of property acquired by it as trustee for the bondholders within thirty (30) days after the receipt of the request therefor • signed by at least fifteen percent ( 15% ) of the holders of the Bonds then outstanding . (P) Compliance with Laws and Regulations. The Issuer covenants and agrees to perform and comply with, in every respect, the loan and grant agreements which it might have with the Government or with any other governmental agency and all applicable Federal and State Laws and regulations . (0) Remedies. Any holder of the Bonds or any coupons appertaining thereto issued under the provisions of this Instrument , or any trustee acting for the holders of such Bonds and coupons, may either at law or in equity, by suit, action, • mandamus or other proceedings in any court of competent jurisdic- , • tion, protect and enforce any and all rights, including the right to the appointment of a receiver, existing under the Laws of the State of Florida, or granted and contained in this Instrument, and may enforce and compel the performance of all duties required by this Instrument or by any applicable State or Federal statutes to be performed by the Issuer or by any officer thereof, including the levy and collection of the Assessments. September 2, 1980 .., • •.. • .. , Nothing herein, however, shall be construed to grant to any holder of such Bonds or coupons any lien on any real property of the Issuer. (R) Records and Audits . The Issuer shall keep books and records of the Pledged Funds, which such books and records . . call oe ke;,;. separate and ar,..rt from all otnec books, records and accounts of the Issuer, and any holder of a Bond or Bonds or the coupons applicable thereto shall have the right, at all reasonable times, to inspect such books and records. So long as any of the Bonds shall be outstanding, the Issuer will furnish on or before ninety (90) days after the close of each Fiscal Year, to any bondholder who shall request the same in writing , copies of an annual audit report prepared by an inde- pendent certified public accountant or an aediting official of • the State of Florida, covering for the preceding Fiscal Year, in reasonable detail , the financial condition and record of opera- tion of the System and the collection of the Assessments . ( S) Connection with System. The Issuer will, to the full extent permitted by law, require all lands , buildings, resi- dences and structures within its corporate limits which can use the facilities and services of the System to connect therewith and use the ... .icl,.ies services . ,:ease the of all other facilities . The Issuer will not grant a franchise for the operation of any competing water system until all Bonds issued hereunder, together with interest thereon, shall have been paid in full. (T) Fidelity Bond. The Issuer will require each employee who may have possession of any Pledged Funds to be covered by a fidelity bond written by a responsible indemnity company in an amount fully adequate to protect the Issuer from loss . (U) Government Approl'al of Extensions and Financing . • Anything herein to the contrary notwithstanding , while the Government is the holder of any of the Bonds, the Issuer will not borrow any money from any source or enter into any contract or agreement or incur any other ] iability in connection with making extensions of or improvements to the System, other than normal maintenance of the System, or permit others to do so, without Iobtaining the prior written consent of the Government. i (V) Reimbursement of Advances and Interest Thereon. _ While the Government shall be the holder of any of the Bonds, the Government shall have the right to make advances for the payment of insurance premiums and/or other advances which, in the opinion : of the Government , may be required to protect the Government' s security interest . In the event of any such advances, the Issuer Y t, 7fi • Boo* 055 PACE ID4 • September 2, 1980 w •...• • covenants and agrees to repay the same, together with interest thereon at the same rate per annum as specified in the Bonds, upon demand made at any time after any such expenditure by the Government. Any such amount due the Government shall be secured by a pledge of and lien upon the Pledged Funds, on a parity with C.,1,ds, payment theme snall take L wL ity over any ()Liter payments from the Reserve Account . ARTICLE IV MISCELLANEOUS PROVISIONS 4 .01 Modification or Amendment. No material modifica- tion or amendment of this Instrument may be made without the con- sent in writing of the holders of two-thirds or more in principal amount of the Bonds then outstanding; provided, however, that no modification or amendment shall permit a change in the maturity of such Bonds or a reduction in the rate of interest thereon, or in the amount of the principal obligation, or affect the uncon- ditional promise of the Issuer to charge and collect such rates , fees, rentals and charges for the use of the product, services and facilities of the System and to levy and collect the Assessments and apply the same as herein provided, or reduce the number of _,..us th, .--itten cons-.1_ .;urs of w.._ _ are required by this Section for such modification or amendment , without the consent of the holders of all such Bonds. 4 .02 Creation of Superior Liens . The Issuer covenants that except as herein provided it will not issue any other Bonds, certificates or obligations of any kind or nature or create or cause or permit to be created any debt , lien, pledge, assignment or encumbrance or charge payable from or enjoying a lien upon any of the Pledged Funds ranking prior and superior to the lien created by this Instrument for the benefit of the Bonds. 4 .03 Severability of Invalid Provisions . If any one or more of the covenants , agreements or provisions of this Instrument or of the Bonds should 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 separate from the remaining covenants , agreements or pro- visions of this Instrument and of the Bonds. 4 .04 Validation Authorized. The Issuer's Attorney is hereby authorized and directed to institute appropriate pro- ceedings in the Circuit Court for Collier County, Florida, for the validation of the Bonds and the proper officers of the Issuer are hereby authorized to verify on behalf of the Issuer any pleadings in such proceedings . s . • September 2, 1980 4 .05 Conflicts Repealed. All resolutions or parts of resolutions in conflict herewith are hereby repealed. 4 .06 Effective Date. This Instrument shall take effect immediately upon its passage. This Resolution adopted after motion, second and roll call vote ds futiows: Commissioner Archer motioned and Aye Commissioner Pistor second and Aye Commissioner Wimer - Aye Commissioner Brown - Aye Commissioner Wenzel- Aye DATED: September 2, 1980. BOARD OF COUNTY COMMISSIONERS ATTES'P: ' , COLLIER COUNTY, FLORIDA • WILZiIAM ;r: REAGAN, Clerk • � C 1, /fo r d We n z ` ��� �f' airman Approved as to f• and legal sy iciey Donald wr. Pickworth Collier County Attorney I BOOK 055 PACE 1 September 2, 1980 ACCOUNTING FIRM OF ROGERS, SILVA, MOON & CO. TO BE OFFERED COUNTY AUDIT PROJECT IN THE AMOUNT OF $31,000 Prior to the Board resuming their discussion with regard to the recommendation of the Audit Selection Committee for the appointment of a firm to perform the County Audit, brief discussion having been held earlier in the Session in conjunc- tion with the approval of the agenda, it was the suggestion of Clerk William Reagan that, if it is agreed that simultaneous negotiations could be undertaken this date, that a recess be called at this time to permit the duplication of certain infor- mation regarding the matter for the Board to follow during the discussions. Fiscal Officer Harold Hall said that by holding the negotiations this date the staff would not be able to handle the matter in as detailed a manner as could be done if it was continued; however, since there seems to be a general urgency expressed, he said that efforts will be made to cover the important items. If this approach is taken, said Mr. Hall, rather than the_Board having complete des- cr • iptions of what is to be produced in the audit, he will read the schedules, ".r with names and titles. and, if the firms' representatives in attendance concur, such concurrence will be part of the record. County Attorney Pickworth agreed with Mr. Hall that the staff would be more "comfortable" if there was sufficient time to prepare the information in more detail. However, he said that he has been advised that the matter can proceed using the approach suggested by Mr. Hall , filling in the gaps, where necessary, in order for the Board to make a decision. RECESS: 10:40 A.M. until 11 :00 A.M. Preceding the resumption of the matter at hand, Mr. Reagan informed the Board that the three firms that the Audit Selection Committee chose were Holcher & Taylor, May, Zima & Co. , and Rogers, Silva, Moon & Co. He said that representa- tives of May, Zima & Co., at the time of their interview, were asked if they wished to return for further consideration and it was stated that their proposal • "pretty much stands the way it is" and they would be unable to negotiate a price r • anywhere near the other recommended firms. Mr. Hall provided the Board with a brief background of the proceedings from the establishment of the Committee up to the present time, commenting that, in accordance with Florida Statutes, the Audit Selection Committee, made up of the r September 2, 1980 Constitutional Officers and Commissioner Pistor, as appointed by the Board, met and drew up a request for a proposal. The request for proposal, following its , approval by the Board, was mailed to all of the local CPA firms, other firms in Southwest Florida thought to be interested in submitting a proposal, plus national firms. As required, an advertisement was placed in the Naples Daily News, said Mr. Hall. The proposals that were received, he continued, were evaluated by' the Committee in accordance with the procedure established by the Committee on a form t which "tracked" the Statutes. , The Committee, said Mr. Hall, chose three firms whose proposals were in accordance with the Request for Proposal in varying degrees of completeness, fol- lowing which the Committee, in order to be of help to the Board, ranked the three ' firms - 1) Holcher & Taylor; 2) May, Zima & Co., and, 3) Rogers, Silva, Moon & Co. The Number 1 and Number 3 firms, said Mr. Hall, are represented in the audience for the purpose of giving a quick review of what was proposed, what they included - in their proposal, and why, in their opinion, the Board should select the firm they represent. 4. County Attorney Pickworth read from the Statutes that portion governing what the Board's procedure should be, as follows: • "The Board of County Commissioners shall simultaneously negotiate with the recommended firms for auditing services, at compensation • the Board determines is fair, competitive, and reasonableThe1Board • shall also negotiate on the scope and quality of services. In making such determination, the Board shall conduct a detailed analysis of the cost of the professional services required, in addition to considering the scope and complexity." Mr. Max Holcher, representing the firm of Holcher & Taylor, expressed his firm's appreciation to the Board and to the Selection Committee for their diligent i work in their consideration of the audit proposals. In his opinion, said Mr. Holcher, ' his firm was ranked first based on the quality of their proposal which is indica- tive of the high standards of the work demanded by the job. Mr. Holcher continued ' by stating that their proposal was concise, complete, and addressed itself entirely ( I to the bid specifications, and the only firm recognizing that the engagement is not � 4 a single audit but rather an audit of five separate entities for which a combined ?4, report must be issued. As a result, Mr. Holcher stated that management level )' personnel have been assigned to be in charge of the work for the Board and each ° Constitutional officer, all of whom have four to ten years experience and have C served in the same position in governmental and non-governmental audit situations. 1 September 2, 1980 The Firm's proposal, said Mr. Holcher, listed in detail what the end product • of their examination would be and commented that the issuance of opinions on the separate statements for the Constitutional Officers involves negligible addition- al cost and is in response to requests by those Officers. With regard to the fee, he said that it has been determined the actual fee to be paid for the 1978-79 audit will approach $61,000 and will have required an estimated 2,200 hours result- 4 ing in an average hourly rate of $27.73. He pointed out that these figures do not include the combined financial statements, as required by the Auditor General, which it is estimated will cost between $1,700 and $2,300. Mr. Holcher detailed comparisons between his firm and the other named firms, which he said must be compared with rates negotiated by other counties in the State and by other Florida CPA firms, and concluded that their (Holcher) fee compares favorably and that the rate of $28.70 per hour is fair, reasonable, and competitive. • • Other factors offered by Mr. Holcher for consideration by the Board included ;,, the feeling that it would not be fair to other clients to charge the County less than the rate stipulated, that a lower rate would be unreasonable because of the ___ _ degree of responsibility assumed and the expertise required, the reasons why the estimated hours will be less which he said are due to the fact that the firm has had the experience of doing a major portion of the project before and also because the firm will be using highly-qualified auditors and, therefore, requiring less hours, and other pertinent factors. Mr. Holcher observed that, as required by the Request for Proposal, a maximum fee has been proposed and an estimate of 1 ,857 hours; however, should the estimate be high and the time less, the County would pay only for the hours actually spent. On the other hand, he continued, should the estimate be low, and no unusual con- . • ditions exist, again, as in accordance to the bid specifications, the County would only pay the maximum. Mr. Jack Moon, partner in the firm of Rogers, Silva, Moon & Co., advised that he is appearing in place of Walter Rogers who is vacationing and could not be present. He said Mr. Rogers asked him to read into the record his letter dated August 20, 1980 to the Board which he procedded to do. Among the points addressed in the letter, as read by Mr. Moon, were as follows: September 2, 1980 . A careful review of the firm's proposal will show that it substantially complies with the requirements even though the information contained therein should have been arranged to more nearly comply with the order outlined in the Request for Proposal. A .page could have been added indicating the name, education, professional memberships, and work experi- ence of each staff member. Admittedly, the proposal was not • • complete in meeting these requirements. Ro"_rence was made .,, *he proposal suh" "ed by Peat, Marwick, Mitchell and Co., the second lowest bidder, and the fact that . c their name was not among the three submitted by the Committee, the reason given was that it was deficient in meeting the Re- ., quest for Proposal. And, therefore, since that firm would ,' incur substantial expenses which would be paid from their bid of $47,000, Rogers' price was not "that" low. ' It was made clear to the Committee that the firm would fully undertake and understood the scope of the work to be done which includes the Financial Audit, the Compliance Audit, • Special Reports, and a Management Letter. Comments on fees were based on the fact that Fall months are the slowest months in the Public Accounting business and the w fact that the firm "wanted" to do the job. References to the. experience of the firm in the field of oovern- manfni '• liting - The City of Na^1 c Collier ''runty School System, City or maples Airport Autnority, u„u, ror the year ending September 30, 1979, an audit was performed for the M_ Office of the Clerk of Circuit Court, and for the Sheriff's office. Also, for other counties and cities in Florida. There will be no reduction in the scope due to the bid price - for the fee quoted, a thorough and adequate job will be done, • in compliance with the Request for Proposal. Mr. Moon said that, basically, the firm is trying to establish that their bid was not a frivolous one, reiterating the fact that it was taken into account , that the subject period is traditionally a slow time. He further stated that he 1, was not afraid to admit that the work will be done for the County at cost because 1 "we want the work". He concluded with the statement that they understand the scope of the work to be done and will not do any less than a professional job on • the audit. • . Mr. Hall referred to the summary sheet, copies of which were furnished to " the Board, to point out the differences, if any, between the three firms in re- d sponding to the requests of the Committee for certain information, such as specifically who would be working on the audit, who would be coming into the t various County offices, experience in Local and County Government audits, and the like. Mr. Hall suggested that each representative be requested to tell the Board specifically the type of financial statements that will be produced - September 2, 1980 •• and whether they will be in accordance with the Statutes and the rules of the s Auditor General, or would they be in regard to the needs of Collier County as they see them. Mr. Holcher stated that the end product of their examination will be the • Audit Report, as required by the rules of the Auditor General 10.800; Financial • Statements for the Board of County Commissioners, the Clerk of the Circuit Court, e . • the Tax Collector, the Sheriff, the F,operty Appraiser, uCNendent Districts, required by the Board, but not limited to the County Water-Sewer District, Marco Water and Sewer District, Immokalee Water and Sewer District. Also, said Mr. Holcher, it is proposed that Interim Management Letters will be presented to the Board and each Officer, to be delivered at a conference sometime in October, at the conclusion of the study of the financial system and evaluation of the system of internal accounting controls in each area. Mr. Holcher continued by stating that a Final Management Letter would be delivered at the conslusion of the fieldwork and that there will be conferences with each Cons6i,u‘lvnai Offs__. :nd the Boar:, : - _ _ _, before an_. commences, and at least twice during the examination to review progress and at the conclusion of the fieldwork and before issuance of the Final Report so that it will be known what will be "hitting" the public record. Also, said Mr. Holcher, there will be special reports covering compliance with grant contracts for the HUD Community Development Block Grant and the Homemakers Grant. Further, said Mr. Holcher, it is proposed to offer Follow-up services at the conclusion of the examination, including assistance with new year's opening, explanation of comments _ in Management Letters, and other consultation which would fall within the purview of the engagement. He said that they will also be available for further engage- . ments to implement or further investigate systems weaknesses for possible improve- . ments. Mr. Hall inquired of Mr. Holcher if he proposes to produce the Financial Statements in a format very much as they are in now for each of the Constitutional { •Officers, referring to the Financial Statements prepared for the 1979 Audit for the Board of County Commissioners, plus the combined statements - the final roll- up of all of those into the combined statement, as required by the Auditor General. ti Mr. Holcher responded in the affirmative by stating that that is what the rules of the Auditor General "say". Attorney Pickworth, noting that Mr. Holcher was September 2, 1980 reading from a prepared statement, inquired as to the source of the document with Mr. Holcher replying that the information he narrated is contained on Pages 4 and 5 of his firm's proposal. Mr. Moon introduced Mr. Ron Wood, one of his partners and whom he said prepared the firm's proposal. Mr. Wood said that they are prepared to report, as dictated and mandated by the Law and the Rules of the Auditor General which *ate ther- must be a comb;-c" -et of Financ;,.' --cements for the ycar of the audit under proposal. He explained that in performing any audit there must be individual pieces prepared before a combination can be put together. Therefore, said Mr. •-'ood, anything lower than combined statements would be pro- duced at no additional costs to the County because, in order to get to the com- bined statements, the individual pieces would have to be audited. In addition to the combined statements, he continued, there are reports required from the audit of the two grants. He said that he finds it not significant at this point for his firm or himself to make the determination of what the reporting should be because it is felt tha* r-.:ity hPc to make thai. (4-}---4n;,f4,1,, ..._..._ further s±A+„a that it is rather innocuous to produce fifty reports if five reports do it and • also innocuous to produce ten reports if you need fifty. He said that he is prepared to prepare, beyond the combined financial statement which is mandated by Law, any report which is required by the Clerk or by the Fiscal Officer. Mr. Hall said that his primary concern, which he said has been clarified by Mr. Wood, was the heading used in their proposal - Audit of the Combined Finan- cial Statements of Collier County - and inquired if Mr. Wood's firm will be producing for the County the sub-statements, or the lower level statements, as the County has had in the past year. Mr. Wood replied in the affirmative with the explanation that "we have to start at the floor and go up" and that each individual entity, each individual department, or fund, must be audited. So, consequently, any report wanted from the beginning, his firm is willing to pro- duce, said Mr. Wood, reiterating that the Law mandates the preparation of a combined Financial Statement which has never been done before. Mr. Hall said that another of his concerns was whether or not the personnel assigned would be experienced in local government audits, citing the additional ti ri hours involved in the event they are not However, continued Mr. Hall , the �a w'a ha oss September 2, 1980 greatest concern is the lack of County y personnel available to pull from the General Ledger all of the financial information from which the financial statements are prepared, as has been done in the past, citing an example. He asked Mr. Wood if they propose to pull from the ledgers, the necessary information and produce the Financial Statements as they have been produced in the last two years. Mr. Wood replied "That's correct". Attorney Pickworth noted that Mr. Holcher listed the statements he would pro- ' vide, commenting that he would like it clarified by Mr. Hall if those are beyond what are needed, with Mr. Wood making a general statement that they will produce whatever is wanted, or words to that effect. He said that he would like it made clear in his own mind if the County will be getting the same equivalent service from each firm and also assurance that there will be no additional costs to the County, as has been alleged. He suggested that an oral response is needed so that there will be no question on those points. Mr. Wood said that, as an independent auditor, he would not profess to tell the County now to repo „ . He said that l i ,.r,,. _ „ ,Necific I le for for which there has been no activity in the last two years, as an example, he could not see producing a report; however, he said that is not their prerogative to determine if such report should be prepared - it is the County's prerogative. • He said that he is willing to say that "If you want the report as part of the basic audit procedure, we will produce that report for you". Attorney Pickworth asked if it is possible that if they are told that certain things are wanted, which may be reasonable or unreasonable requests, that such request may be beyond what was contemplated when their price was quoted and which may be difficult for them to produce at that price. Mr. Wood said that, from what he knows of the County at this point, the only thing he could see that would change it is if suddenly they were required to do something on the CETA program, or the like; and, at this point, would have no idea what would be involved. He said that "what existed in Collier County, as I saw the records thirty days ago, I have no problem". Ili. Wood added that if something completely new came up it would have to be subject } to negotiations. Attorney Pickworth inquired if there is the possibility of something complete- ly new being introduced with Mr. Hall stating that there is an outside chance 1 September 2, 1980 i with regard to CETA. Mr. Hall observed that that is such a big job in itself that , f;: 9• s , whichever firm is involved, there would have to be negot'ations for another dollar t - s,• amount for that, adding that such an audit would be almost as big as the County ' audit. Therefore, said Mr. Hall, it is very important that there is a good, clear understanding of the work that is to be done. He noted that there are two very• t fine reputable accounting firms proposing to do the work for the,County and, if were is this ur,.:artanding beforr,�,:;,,, there will be o' no problem with either rirm. r . The possibility of extraordinary matters being introduced was discussed with Commissioner Pistor questioning if having to prepare financial statements for each r Constitutional Officer and the Board would come under such possibility with Mr. ^f Wood stating that the Constitutional Officers prepare their own statements. Mr. : a Hall suggested that this is incorrect - that their auditors prepare them. Mr. . i Wood, to explain, said, in the event employee fraud of large magnitude is uncovered, • f as auditors, they cannot stop and report this - that, in his opinion, the Board } 4, would not want them to do this. He said that they would have to come back to the w` Board for ins,, ,,,,,,,,,,,, us to they should ,.J, u,.: _,,, ,,,oval fees. 4: ; y' that this is the type of area he was addressing - not the preparation of Financial Statements. Clerk Reagan requested more detail on the personnel who will be involved with Mr. Moon stating that his firm will be assigning Ronald Gustason as Supervisor and that all five partners will be involved, including Mr. Wood. It was Clerk Reagan's concern that he would dislike having clerical personnel in the offices who will have to be trained. Mr. Moon said that all he could say is that they will be '` rofessional P people, working in the Courthouse Complex under the firm's guidance • i and supervision; however, he said that it is possible there will be some training , / involved which he said he hoped would not be too inconvenient. It was Mr. Reagan's comment that he does not expect to be inconvenienced. Mr. James Gassier, with the firm of Holcher & Taylor, suggested that there iy .i may be some misunderstanding as to what is meant by the individual- financial state- J-1 menus for the Constitutional Officers and the Board. To clarify, Mr. Gassier said •• a y 4 that the requirements of the Auditor General stipulate that individual Financial Statements for each Officer are required to be included in the combined report. j? =_ r .. However, he said that in the combined report the only opinion that is required is f 4 (' September 2, 1980 the opinion on supplemental data which states basically that the Financial Statements are materially correct with respect to the Financial Statements taken as a whole. In other words, said Mr. Gassier, there are no material errors in that supplemental data which are material to the opinion on the :.tatem He further -4" d that, as p,,-•^ -c their preparation on the proposal , discussions were held with each of the Officers, and with a representative of the Board, and each Officer stating that he would like to see a separate Financial Statement of his operation, together with the auditor's opinion, without all of the rest of the combination. He said that the amount of time to render an opinion on each individual 's Financial Statement is negligible. Mr. Hall said that the statements which have been made illustrate what each firm will deliver - "what will be put in our hands." The - second part ^{ +" "r-42W is t're price itself said Mr. Hall . commenting again on the reasons why the second-ranked firm chose to elect not to be present this date. He said it would be appropriate for the Board to consider with each firm the price they would charge the County, and if there are any changes upward or downward, following the discussion on what is to be delivered. Attorney Pickworth concurred that this would be normal procedure and one which the Boa •d needs to address. Mr. Hall said that the question to Holcher Taylor would be: "With what you propose to deliver to the Board, as we understand it here today, is your price, as reflected in the proposal, the price that you would charge this Board?" And, said Mr. Hall , to Rogers-Moon, the question would be: "In view of the discussions they have had here today, does this change their attitude toward price, either up or downward?" Mr. Holcher said, as contained in their proposal, the maximum price would be based on $28.70 per hour. He said, as he stated before, that if it is less, the total fee would be less. Mr. Hall further inquired if there has been anything covered during the Session this date that would change the firm's thinking on what the maximum total dollars would be with September 2, 1980 Mr. Holcher responding "No, sir". For the record, said Mr. Holcher, obviously =4 •, if something very unusual were to arise, there might be a change. He said that, . pending what is in the Law and the Financial Statements that they have seen, the proposed fee remains as is. At Attorney Pickworth's request, Mr. Holcher ex- ---- .- plained how the fee was determined by stating that the Law requires that the fee be fair, reasonable, and competitive. In his firm, said Mr. Holcher, the fee of - ".2?.70 r1t2 per . ... r. is below the:: .andard, and beiidr; ;,;;e average rate. 1e . 7 said the feasibility of reducing the price was questioned in their minds. However, • he continued, they have come into the job with their eyes open, analyzed what needs to be done, and determined that they would like to have all of the objecti- vity and independence which is important to the Board and the citizens of the County and, therefore, they did not opt to "low bid" or price it at a level which it was felt could be subject to question. Commissioner Pistor inquired as to what would be the procedure in the event the Auditor General turns back the report stating that it is not satisfactory. "__ ,. Mr. Holcher s,"-' "--L ii;,ey war' 1 make it satic' . ' - ".le, at no -r-" tional cost. He said that he does not understand how this could happen but noted his knowledge that the State has such prerogative and said that his firm has included this possibility "in their thinking". • Responding to the question posed earlier, Mr. Moon said that his firm has not changed their position on price either way. He said it was first determined the number of hours which was felt necessary to do the job and then arrived at a price and that they do not feel that they want to change their opinion one way or I another. Commenting on the references made to low bids, Mr. Moon said that, up to a few years ago, they would not have been allowed to come in, professionally, and bid on the job. However, since there is bidding, "someone is going to bid high and somebody is going to bid low". Commissioner Pistor questioned Mr. Moon on what would happen if the Auditor General determines that the report does not meet his requirements and sends it • = back to the County so that it has to be done over. Mr. Moon noted that his firm f. ii is professional, will do a professional job, and would stand behind it at no ik additional cost to the County. Attorney Pickworth stated that the question must be asked as to the reasons for Holcher Taylor asking twice as much as the Rogers, Silva firm, noting that he feels "comfortable" that both firms will both be doing substantially the same job. v. 8o3K 145 PACE 174. • September 2, 1980 He asked if the first-named firm is charging too much, or the second-named firm too little, or if there are some economics that Mr. Moon's firm can take advantage of that the other firm cannot, concluding with the statement that there has to b,; some reason for the almost 100% difference in prices. Mr. Moon said that, as was mentioned previously, the work will be done in the Fall. He said there is nothing "magical" that their hourly rate on the job is less, • commenting that it is a fact of life in the Accounting Profession that one will bid lower on some jobs and work at a lower rate than on other jobs. He further said that the job will come at the time of the year when they do not have a lot of work in the office and, also, that the firm wants to do more work for the County. Again, responding to Attorney Pickworth, Mr. Moon said that the rate is definitely below their standard rates, although declining to list those rates, and said that the firm's usual rates are basically in line with the Holcher firm's. He concurred with Attorney Pickworth's comments that the firm will be doing the job at cost basically, but it would pay their overhead. Attorney Pickworth questioned hr. whether or would be any problem involved if, for any reason, the project should be delayed beyond the "slow" time and extend into their busy season. Mr. Moon said that it is definitely planned to have the audit done before the busy season begins the middle of February which he feels is sufficient time to complete it. Commissioner Archer requested assurance that either one of the two firms hired can and will fully satisfy the requirements of the Auditor General's office • with Mr. Hall responding in the affirmative. Continuing to question Mr. Hall, Commissioner Archer inquired if both of the firms have agreed that the prices submitted will provide all of the information in the way of financial reports, financial status of each independent office and a combined financial audit of Collier County and will satisfy the State requirement. Mr. Hall replied "That satisfies the State requirement and ours". He also said, for the record, that the subject level of detail is a part of the engagement with whichever firm the Board . 7 elects to use. Pursuant to Chairman Wenzel 's request for a motion to either accept the recommendation of the Committee or for rejection of the recommendation, Attorney Pickworth advised that the motion should not be predicated on the recommendation September 2, 1980 of the Committee but, rather, should be based on the Board's own judgment, noting • that the Committee brought to the Board the three most recommended firms and the Board had the opportunity to select among those three. Commissioner Archer moved, seconded by Commissioner Pistor and unanimously carried, that the offer for a County Audit be made to Rogers, Silva, Moon b Co. • in the amount of $31,000 as the lowest, responsible bid. rOTI; PRECIN.: NUMBER RE DEPU;: LLIAM J. WILKIt - SuoMITTED AND FILED RECORD In compliance with Florida Statute 30.08, the following voting precinct number was filed for the record, as submitted by Sheriff Aubrey Rogers: DEPUTY PRECINCT NO. • William J. Wilkie 31 UTILITY EASEMENT RE MARCO SEWER PHASE I IMPROVEMENTS - FILED FOR THE RECORD FOLLOW- ING RECORDATION Pursuant to action taken by the Board on April 3, 1979 wherein the Board approved the acceptance and expenditure of funds for the recording of all Utility Easements related to the Marco Sewer Phase I Improvements project, the following easement was submitted by the Utilities Division; 1. United Church of Marco Island, Inc. y ' ' t * * * * A * Art. • wr `-_- — nuc U1'31.I7'X 1:/151:MI:NT ' O.R. 880 PG 64 THIS EASEMENT made this /_ / day of / ( 1b. (•;.'1 • •'/j• 1 ' A.D. , 1979•, between United Church of Marco Island, Inc. , as the - 4 first party, and Marco Water and Sewer District, a body corporate ; nd politic of the State of Florida, its' successors and assigns, . as the second party. V- WITNE SETU: That the first party, for and in consideration , ~ c ' - ^f t'... sum .` $1.00 and .:: 2 valuable c.,,,„ iderations paid by • • the second party, receipt of which is hereby acknowledged, hereby • grants unto the second party, its' successors and assigns, a non-exclusive easement, license and privilege to enter upon, • • • and to install and maintain utility facilities on the following 1:-=.11=.11:::_-.11=described lands being located in Collier County, Florida, to wit: • t ' Commencing at the intersection of the centerline of • • t'-'�.. '� '�!� Briarwood Court and the centerline of Rom i' 9,- _-= I-- Romano Terrace .�1•=-I:= ;I.-II (also known as Briarwood Terrace) according to the { ,__ Plat of Marco Beach Unit 3 as recorded in Plat . (i4:,I= �: Book 6, Pages 17 through 24 incl+,qi�� , of •-,,„ Public .;i` II Recores ox Collie ..aunty, Florida; thence along the T:1i•, •jA• centerline of Briarwood Court, North 37° 46 ' 48” • '1 •'- .":14 = II East 55.00 feet; thence South 52 _' :--111-41W11—• _.. 13 ' 12" East 30•00 if1 . feet to the Southeasterly right-of-way line of Briarwood j'jtt l„1fl Court for the Place of Beginning of the parcel herein ' • !-"•fl.+ I:�--��- described; thence South 52° 13' 12" East 10.00 feet; : l ,1 thence South 7° 13 ' 12" East 21.21 feet; thence South .j .i !I�,—(r'_ 37° 46 ' 48" West 10.00 feet to the Northeasterly right-of-way 11'.:1 -�`�-"II line of Romano Terrace (Briarwood Terrac•. ) • thence Northerly iitil I•:%1� 39.27 feet along the arc of a circulr curve concave to • silt-;1I;I�-=I! the East, having a radius of 25. 00 feet, subtended by a =:II�IIIf:- chord which bears North 70 13' 12" West 35 . 36 feet to :II=41=-11=11 the Place of Beginning; being a part of Tract "C; Marco II'L t 1c Beach Unit 3, Collier County, Florida, containing .01 acres IJ• -11:11 more or less. yS IN WITNESS WHEREOF the said first party has caused these • . • presents to be executed this / `d day of , ..-<<.� ,., _ • :/ A.D. , 19g. • ' Y.iTNESSES: , • r1• - • / 4�// 0( ' , United Church of Marco •Island, Inc. •• ."(..--f-z/er 4 A•-a i I I I I lj:• -- -- t. 1 �; ' . • COUNTY OF Co--e-a:w. • • X IIEREBY CERTIFY that on this day, before me, an officer duly authorircd in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared 'S 1tme...,s W .-yri 0%i la,� to mu known to be the perso�� • • ! • • described in and who executed the foregoing instrument . - ./ and he. acknowledged before me that hY. executed the name. • • ,s •c ‘>cM, . . • (s : • ofax� 'u T1ib . . My commission expira •fia:7,, ,:;.;• • icx COWAISSION E).PI 1:4,4lA 2oj91� ' • QOtjDfD•Jjj�U plt`.I.I.ilik...uf1D IWl IfF 3 i• . 4) !• I, This instrument prepared by: Donald A. Pickworth Collier County Attorney . Courthouse - Building "F" Naples, Florida 339112 • (813) 774-8400 . • . • • • . • - =, . c c 11 o' C7 r—••q •• . r—-7•• • o _ n ...P g: • ,:;?_.:2 • • l0 : r, t. • • • • — • . �� • • • • Recorded and Verified•• 1 In Of tidal Records of COLLIER COUNT V.FLORIDA WILLIAM J.REAC.Av,CLERK ... • • ••-- faj c.OI:IA NCUAUD.O.C. . •• .• - • C -`` • 1; STATE OF FLORIDA, COUNTY OF COLLIER I'HEREf3Y CERTIFY Thar he above and foregoing is a true ; t. and correct:f cony of oE:- L44 - reco (led in my of ficc on th,Z�G1 day of.Ci4C-G ..j`•'• !, 19 e).in Official Record Oooi:_.ig page. .4_.4.1. 1-/etc g •• Wit a my hand and official scut Ihis..,!2"~ __day of • r.4 •4 s• - A.D. 19 * . • IL t J. RE ,A-..CI I k of Colts :w y • . 711 �.D.C. w� . Rnf?x 055 Pere 1 / BOOK_ PACE • • �.%, r 4)(4(71,) • . • • .(0.i ri ( / .<<�� •r/,L ? tr 1 Ilj ' n . I .1 II( . I/ /' isi60 • • . ti I _ i P. • •. • / / / �,.f 7-,:••- ` �w •• 1;,'J' c %,. 1•M V / 1 . , „ ��� ;• - •. .., .;\ - • • / ..4.), •. "" V'`, a t:, .�•,i 1 1• / ..t ! ,i(,a� • ..... < '• 'f•"f::'fir ',� 1 t/ y,•. I y ,r j' e. •' 1 ,,'�" ..›.. '/ • Y X ' a 1, : 1 1 September 2, 1980 MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED Thera being no objections, the following correspondence was filed and/or referred to the various departments as indicated: • 1. Letter dated August 25, 1980 from William H. Jones, Manager, Sunset - House, Incorporated, re permit for proposed seawall project (Public hearing scheduled for 9/9/80) - xc Planning; and filed. 2. Letter dated September 1, 1980 from Henry F. McConomy, resident of Sunset House, supporting Petition CCCL-80-8C (Public hearing sche- - dui,;:: for 9/9/80) - ...: : ,anning and En9,r�.L. .ng Departments; 1r' ' filed. w 3. Copy of letter dated August 28, 1980 from Clerk Reagan to County Attorney transmitting copy of letter dated August 11, 1980 from - ' Midwest Title Guarantee Company of Florida to Clerk Reagan re record- ing of special assessment liens and title problems therefor - Filed. • 4. Copy of letter dated August 27, 1980 from Chief Jackson, Marco Island Fire Department, to Safety Director Hafner re reasons for requiring a fire hydrant at Tiger Tail Beach Park - xc County • Manager and Engineer; and filed. 5. Copy of letter dated August 25, 1980 from Sue Williamson, Consumer Complaints Analyst, Division of Consumer Services, FDA & Consumer • Services, to M/M Lee Bence responding to their complaint re South Florida Cable Television Corporation - xc County Manager for response; and filed. 6. Letter dated August 14, 1980 from Senator Richard Stone acknow- . , ledging receipt of a copy of letter to Governor Graham re certain ' road - xc Engineer; and filed. • 7. Copy of letter dated August 26, 1980 from Marco Island Beach Associ- ation, Inc. to Bureau of Beaches and Shores, FDNR, re Notice of • Violation for Unauthorized Construction Seaward of the CCC1 - !' xc Planning; and filed. 8. Letter dated August 18, 1980 from Dr. John L. Kermond, Project , Director, University of West Florida, re preparation of comprehen- sive statewide plan for shoreline erosion, beach preservation and . hurricane protection - xc County Manager and Planning Department; and filed. 9. Letter dated August 27, 1980 from William L. Jones, President, 1 Contractors Association of Collier County, requesting consideration of additional personnel for the Building Department - xc County - Manager; and filed. 10. Letter dated August 18, 1980 from Senator Richard Stone acknow- ledging receipt of information re I-75 through Collier County - xc • . . Engineer; and filed. . 11. Letter dated August 25, 1980 from M. Dan Nickel re drainage situation in Golden Gate Estates area - xc Engineer; and filed. 12. 38 letters received from Golden Gate Estates residents regarding ' possible rezoning - xc Planning Department; and filed. , .. • 13. Notice dated August 22, 1980 from Area Agency on Aging announcing Public Hearings Planned re development of 3-year planning cycle - tg . Filed. 14. Notice regarding service from Nationwide Rent A Fence, Inc. - 0 xc Purchasing; and filed. 15. Notices from U.S. District Fourth of Florida re cases involving the •i • taking of lands by the Federal Government for the Big Cypress "' Acquisition - xc County Attorney; and filed.�7r S (_--1 ("BOOK''055 PACEI!9 (_--____� 1 { r • • September 2, 1980 • e • , ' There being no further business for the good of the County, the meeting was adjourned by order of the Chair - Time: 12:15 P.M. • BOARD OF COUNTY COMMISSIONERS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL • age CLIF)'/7 WENZEL, CHAI'�J'N • ATTEST: WILLIAM J. REAGAN, CLERK c • • • • • • • • • f �